Will Trump's SCOTUS Give the Gun Industry a Free Pass?
A lawsuit tries to hold gunmakers accountable. The Supreme Court might kill it.
The U.S. Supreme Court is preparing to rule on a historic lawsuit that could either hold American gun manufacturers accountable for cartel violence or further entrench their legal immunity.
Mexico is suing several U.S. firearms manufacturers, arguing that their reckless business practices funnel deadly weapons into the hands of violent cartels. The case Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc. seeks $10 billion in damages and demands stricter oversight on how these companies market and distribute their guns.
At stake is more than just corporate accountability; this decision could determine whether gun violence victims, both in the U.S. and abroad, can legally challenge the gun industry.
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The Legal Battle: What’s at Stake?
Mexico’s lawsuit argues that American gunmakers knowingly facilitate illegal trafficking by designing, marketing, and distributing weapons in ways that make them appealing to cartels. Despite warnings from U.S. officials, these companies continue to sell through dealers known for trafficking firearms across the border.
The Gun Companies in Question
Smith & Wesson, Glock, Barrett Firearms, Ruger, and Colt are among the manufacturers being sued.
Mexico argues these companies market military-style weapons in a way that makes them attractive to cartels.
Barrett Firearms, for example, sells .50 caliber sniper rifles that cartels use to shoot down helicopters and assassinate rivals, and yet, the company continues selling them without restrictions.
Despite cartel violence skyrocketing, these companies have made no changes to prevent illegal trafficking.
However, these gunmakers have long been shielded by the Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 law that prevents lawsuits against firearms manufacturers for crimes committed with their products. Mexico’s legal strategy hinges on whether the Supreme Court will recognize an exception to PLCAA.
If the Court rules in Mexico’s favor, it could open the door to more lawsuits against the gun industry, including from mass shooting victims and cities plagued by gun violence. If the Court sides with gunmakers, PLCAA remains untouched, further cementing the gun industry’s legal protections.
The Supreme Court’s Likely Decision: A Win for Gunmakers?
Following oral arguments, it’s clear that Mexico is facing an uphill battle. The Supreme Court’s 6-3 conservative majority has historically sided with gun rights, and the justices’ skeptical questioning suggests they are inclined to rule in favor of the gun industry.
Why the Court is Likely to Rule Against Mexico:
Justices Brett Kavanaugh and Amy Coney Barrett questioned whether Mexico was suing the right parties, arguing that gun retailers—not manufacturers—might bear more responsibility.
Neil Gorsuch and Clarence Thomas appeared committed to preserving PLCAA’s immunity for gun companies.
Even Chief Justice John Roberts, who sometimes leans moderate, seemed wary of allowing foreign governments to sue American businesses.
The expected outcome: A 5-4 or 6-3 ruling in favor of gunmakers, blocking Mexico’s lawsuit and reinforcing PLCAA’s gun industry protection.
For those fighting for gun reform, this ruling would be a significant setback. But it is not the end of the road.
How This Affects Everyday Americans
Mexico’s case highlights a reality that extends far beyond the U.S.-Mexico border; the same loose gun sales practices fueling cartel violence also drive gun violence in American cities.
In Chicago, Baltimore, and Philadelphia, trafficked firearms from weak gun law states flood the streets.
Ghost guns and untraceable weapons—which Mexico has also called out—are increasingly being used in mass shootings and gang violence across the U.S.
Gun manufacturers make billions in profit from the bloodshed yet face no legal consequences under current laws.
If the Supreme Court rules in favor of the gunmakers, it won’t just impact Mexico. It will reaffirm the gun industry’s legal immunity within the U.S. as well.
The Trump Administration’s Role in Weakening Gun Laws
This case doesn’t exist in a vacuum. The Trump administration has aggressively rolled back gun regulations and taken steps to shield the firearms industry from accountability.
Trump’s February 2025 Executive Order on Gun Rights
Revoked many of Biden-era firearm regulations, including restrictions on ghost guns (untraceable DIY firearms).
Ordered a review of ATF policies on background checks and gun dealer oversight.
Aimed to weaken federal enforcement against illegal gun sales.
Kash Patel’s Role in Further Undermining Gun Regulation
As we’ve discussed in earlier reporting, Kash Patel is actively undermining efforts to prevent gun violence.
See our story here about his role at the ATF and FBI and how it is a gift to right-wing extremists:
And our reporting here on the politicization of the FBI:
And our expose on the rise in right-wing extremists here:
With Patel in charge of both the ATF (which regulates guns) and the FBI (which investigates domestic terrorism), there is a clear pattern: Trump’s administration is not just refusing to address gun violence; they are actively making it worse.
What Happens Next: How Readers Can Fight for Gun Reform
If the Supreme Court rules against Mexico, it will further shield the gun industry from accountability, but that doesn’t mean gun reform is impossible. State-level action is now the best path forward.
What You Can Do:
Push for stronger state gun laws.
States still have the power to pass gun safety laws, even under the Supreme Court’s restrictive Bruen ruling.
Demand universal background checks, red flag laws, and assault weapon bans in your state.
In red and purple states, push for bipartisan solutions. Even Florida raised the gun-buying age after Parkland.
Support state attorneys general who fight the gun industry.
New York and California have already passed laws making it easier to sue gun companies despite PLCAA. More states can follow.
Call on your state’s attorney general to file lawsuits against reckless gun dealers who knowingly sell to traffickers.
Hold gun retailers accountable.
If manufacturers are protected by PLCAA, go after the dealers.
Activists can demand stricter regulations on gun stores known for selling weapons to criminals.
Get involved with organizations fighting for reform.
Groups like Giffords, Brady, Everytown, and March for Our Lives are leading the charge at the state level.
Join local campaigns, donate, or volunteer to support legislative efforts in your state.
Final Thoughts: The Fight is Far From Over
The Supreme Court’s likely ruling will be a win for gunmakers but a loss for public safety. However, this case has exposed how U.S. gun companies fuel violence both at home and abroad.
If Congress and the Supreme Court refuse to act, states, cities, and voters must step up. The fight for gun reform is now local, and with enough pressure, even Republican-led states have passed common-sense gun laws.
It’s time to take the battle to the states because the gun industry’s immunity can’t and won’t last forever.
Bibliography:
"At US Supreme Court, gun companies aim to avoid Mexico's lawsuit" Reuters, March 4, 2025.
"The Supreme Court seems eager to kill a big lawsuit against gun companies" Vox, March 4, 2025.
"Supreme Court will hear from US gun makers sued by Mexico for..."Associated Press, March 4, 2025.
"FBI investigations of far right on road to nowhere under Kash Patel, experts warn" The Guardian, February 28, 2025.
"America's enemies 'foaming at the mouth' as Kash Patel eyes FBI purge"The Times, February 28, 2025.
"Kash Patel is sworn in as acting ATF chief, source says"Associated Press, February 26, 2025.
"Radical Extremists Kash Patel Would Weaponize The FBI To Target Enemies Of Trump, Not Enemies Of America"U.S. Senate Judiciary Committee, January 2025.
"Five Questions FBI Director Nominee Kash Patel Must Answer on Guns"
Everytown for Gun Safety, January 2025."What Kash Patel's Leadership Could Mean for the ATF"The Trace, February 27, 2025.
Our legal team at Brady has been holding gun manufacturers accountable for years. The PLCCA and the profit-over-people agenda have caused too much harm. No industry should be above the law.