Despite a recent ruling allowing Mexico's lawsuit against several Arizona gun dealers to proceed, our association firmly stands behind these law-abiding businesses. Mexico's allegations that these companies contributed to cartel violence through negligent sales practices are both misguided and lack substantive evidence.
The Protection of Lawful Commerce in Arms Act[1]
(PLCAA) has long shielded the firearms industry from frivolous lawsuits seeking
to assign blame for the criminal misuse of legally sold products. While the
judge found Mexico's unjust enrichment claims met the bare minimum to avoid
dismissal under PLCAA for now, this is merely the first hurdle in a lengthy
legal battle.
As this case moves forward, Mexico will face an uphill
challenge in proving their assertions that these dealers knowingly supplied
firearms to straw purchasers and traffickers. Our Arizona businesses have
stringent protocols to comply with all federal, state, and local regulations
designed to prevent such illicit transactions. Ultimately, it is the criminal
actors - not legitimate gun sellers - who bear full responsibility for how
firearms are unlawfully obtained and misused.
The dismissal of Mexico's more extreme claims is a positive
sign that the court recognizes the shortcomings in attempting to scapegoat the
gun industry for the nation's internal issues with cartel violence and lax
border security. As the Tucson Sentinel reported, "the burden of proof
rests on Mexico to establish a direct link between the actions of the dealers
and specific instances of harm," which will be exceedingly difficult given
the multitude of factors involved.[2]
Furthermore, we must question the impartiality of groups
like the Global Action on Gun Violence, who have already proclaimed this ruling
as a step towards holding gun companies responsible before any evidence has
been presented or analyzed. The DISCOVERY phase has not even begun. Such
premature accolades from anti-gun advocates should give us pause.
The Arizona Firearms Industry Trade Association[3]
will continue supporting these upstanding Arizona businesses as this case
progresses through the discovery phase and towards trial. We are confident that
a full and fair examination of the facts will ultimately absolve these dealers
of any wrongdoing related to Mexico's cartel violence epidemic. The solution
lies in effective enforcement and accountability for criminal enterprises - not
misguided attempts to undermine the lawful American firearms industry.
[1] 15 USC Ch.
105: PROTECTION OF LAWFUL COMMERCE IN ARMS - House. https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter105&edition=prelim.
[2] "Mexico's lawsuit vs. Arizona gun dealers survives legal challenge." 25 Mar. 2024, https://www.tucsonsentinel.com/local/report/032524_mx_gun_lawsuit/mexicos-lawsuit-vs-arizona-gun-dealers-survives-legal-challenge/.
[3] Arizona Firearms Industry Trade
Association, Inc.. https://azfita.com/.
