Congressman Dan Goldman Leads Amicus Brief Urging Supreme Court to Hold Gun Manufacturers Accountable for Facilitating Illegal Arms Trafficking to Mexican Cartels

 

 

Washington, DC – Congressman Dan Goldman (NY-10) joined Senator Richard Blumenthal (D-CT), Congresswoman Madeleine Dean (PA-04), Congressman Jamie Raskin (MD-08), Congressman Mike Thompson (CA-04), Congressman Hank Johnson (GA-04), and 43 of his colleagues in leading an amicus brief to the Supreme Court in Smith & Wesson Brands, Inc. et al., v. Estados Unidos Mexicanos, an ongoing case that will determine gun manufacturers’ liability for allegedly aiding and abetting illegal arms trafficking to Mexican drug cartels and fueling gun violence across Mexico. 

 

Mexico’s suit alleges that gun manufacturers cannot insulate themselves from liability under the Protection of Lawful Commerce in Arms Act (PLCAA) for facilitating illegal trafficking of their firearms to Mexican drug cartels. Over 500,000 American-made firearms are trafficked across the southern border into Mexico each year, and 70% of firearms recovered from crime scenes in Mexico can be traced to the United States. Criminal organizations operating in Mexico purchase firearms and ammunition from U.S.-based retailers to target law enforcement and military personnel, harm citizens, and enforce cartel control of territory. 

 

“Every year, half a million firearms pour south across our border into Mexico and fall into the hands of violent cartels that then use those guns to send us fentanyl in return,” Congressman Dan Goldman said. “For far too long, the illegal gun traffickers who enable this violence and the American gun manufacturers who aid and abet it have grown rich at the expense of American communities. Enough is enough. I’m proud to lead this amicus brief with my colleagues in support of this suit against gun manufacturers for their complicity in the violence at our Southern Border, and I urge the U.S. Supreme Court to adhere to the letter of the law and hold these bad actors to account.” 

 

Congresswoman Madeleine Dean said, “Gun violence is a scourge that affects every community in this country. And while weapons manufacturers should not be held liable for every single crime committed with one of their guns, there are instances in which their actions directly facilitate crime. In those cases, they should absolutely be held to account — otherwise, they have no incentive to maintain responsible business practices. I am grateful to my colleagues in the House and Senate for coming together and making this argument before the Court.” 

 

Senator Richard Blumenthal said, “For too long, the American firearms industry has profited from sales to Mexican drug cartels — allowing these viciously criminal groups to terrorize Mexican society. This brief rejects the gun manufacturers’ position claiming a right to fuel violence and chaos. I’m proud to continue my work stopping dangerous gun industry practices.” 

 

David Pucino, Legal Director & Deputy Chief Counsel at GIFFORDS Law Center said, "The Protection of Lawful Commerce in Arms Act (PLCAA) was never meant to shield illegal or reckless behavior by the gun industry. Yet for years, some companies have exploited the law to evade accountability, even when their actions fuel violence and endanger lives. The unchecked actions of bad actors in the industry demand scrutiny and accountability—no one is above the law. We applaud Senator Blumenthal and Representatives Dean, Raskin, Thompson, Johnson, and Goldman for their leadership in standing up to the gun lobby and championing efforts to ensure accountability and justice. 

 

Congressman Goldman is committed to holding gun dealers and manufacturers accountable for their role in perpetuating the gun violence epidemic.  

 

In November 2023, Congressman Goldman introduced the ‘Disarming Cartels Act,’ which would curb trafficking of U.S.-made firearms and ammunition southbound over the U.S.-Mexico border. Specifically, the legislation directs the Secretary of Homeland Security to increase interagency collaboration to identify, target, disrupt, and dismantle transnational criminal organizations responsible for exporting firearms and related munitions from the United States to Mexico.  

 

In July 2024, Congressman Goldman introduced the ‘Firearm Destruction Licensure Act,’ which would ensure firearms intended to be destroyed are not sold and do not fall back into the hands of bad actors. The legislation will require those engaged in the business of firearm destruction to become licensed and directs the Attorney General to prescribe the acceptable methods of firearm destruction, all while offsetting the additional costs local governments and law enforcement may incur.  

 

Congressman Goldman is a Vice Chair of the House Gun Violence Prevention Task Force and is a Chair of the Dads Caucus Gun Violence Prevention Working Group.