The Most Important 2A Battle Right Now!

Estimated reading time: 3 minutes

The US Court of Appeals has revived a lawsuit, Mexico v. Smith & Wesson, which had previously been dismissed by the trial court.

President William Kirk of Washington Gun Law discussed the significance of this case, highlighting the potential dangers it poses to firearm manufacturers and Second Amendment rights.

Mexico initiated this lawsuit, aiming to hold American firearm manufacturers accountable for the violence committed by Mexican drug cartels using American-made guns.

The trial court initially dismissed the case based on the Protection of Lawful Commerce in Arms Act (PLCAA), which protects firearm manufacturers from being sued for the criminal misuse of their products by third parties.

However, the Court of Appeals reinstated the lawsuit.

Kirk noted, “This suit, which was thrown out at the trial court level, has now been revived by the US Court of Appeals and we are not sure what is more scary: the ludicrous claims made by Mexico or the mental gymnastics the Court of Appeals had to do to revive this lawsuit.”

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The Firearms Policy Coalition (FPC) has filed an amicus brief supporting Smith & Wesson. The brief emphasizes the significant risks this lawsuit poses to the firearm industry and the potential for severe financial penalties.

According to the FPC, this case could lead to a wave of abusive lawsuits designed to impose foreign policies on the American public and financially cripple the firearm industry.

Kirk read from the brief, “Mexico’s attempt in this litigation to impose a foreign nation’s policy preferences on the American people through judicial fiat and exact a financial penalty would cripple the American firearms ecosystem would be deeply troubling even if it stood alone.”

“It does not. To the contrary, this action is merely one of a phalanx of recent, abusive lawsuits brought by anti-Second-Amendment activists, organizations, and governments,” he continued.

In a nutshell, this revived lawsuit is part of a broader strategy by anti-2A activists to bankrupt the firearm industry through relentless litigation.

Kirk pointed out via the brief, “Remington Arms has already lost this no-win lawfare, driven into bankruptcy regardless of the legal merits of the industry’s defense against the tsunami of litigation.”

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The FPC’s brief calls for immediate court intervention to preserve the PLCAA and protect the firearm industry from further legal attacks.

“The court must act now to preserve the statute Congress passed to secure America’s access to the tools protected by the Second Amendment and prevent the firearms industry from being driven out of business,” the brief states.

The case, officially known as Smith & Wesson Brands Inc. v. Estados Unidos Mexicanos, now stands as a critical battle for Second Amendment rights.

Kirk stressed the importance of this case, saying in the video description, “When you consider the potential fallout if the manufacturers do not prevail, this is, in fact, the most important Second Amendment battle ongoing right now.”

The outcome of this case could have far-reaching implications for both the firearm industry and the legal protections afforded to it under the PLCAA. As always, stay tuned for updates.

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  • Jeff Karn June 7, 2024, 3:27 pm

    We invaded Mexico in 1846.
    We invaded Mexico in 1916.
    Seems we’re overdue for round 3.

  • Nobody June 7, 2024, 10:56 am

    Lets us sue Mexico for allowing the Aliens to invade the USA. Stealing our kids future and resouces is criminal thief.

  • Kane June 7, 2024, 9:43 am

    The deep state allows China and Mexico to flood the US with Fentaynl and then a court of appeals tries to destroy the 2A with the help of Mexico. If Mexican Federales really wanted to disarm narco-terrorist, cartels that bought Mexico with US dollers, then the Federales would push the fake POTUS (genuine POS) to close the border to smugglers.

    Why doesn’t Mexico demand that US Courts unseal the records on down low, Barry Soetoro’s, “Operation Fact and Furious”? The worst criminals are in charge of the system.

  • Lou June 7, 2024, 8:09 am

    Remington did not lose. The pencil pusher investment bankers who bought it elected to pay instead of play.

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