Episode description

The Mexican government has won its appeal to bring a civil lawsuit against a number of American gun companies. Mexico, which has extremely restrictive gun laws, claims that the ‘deliberate’ business practices of these US firms results in the illegal flow of firearms into Mexico, contributing to the gun crime violence in the country. They are now seeking as much as ten billion dollars in compensation.

The gun companies, which include some of America’s oldest established names in the firearms business, deny any wrongdoing. Since 2005, these companies have being granted immunity from prosecution under the ‘Protection of Lawful Commerce in Arms Act’. This law protects the firearms manufacturers and dealers from being held liable when crimes have been committed with their products. But Mexico’s argument is that PLCAA, as it’s also known, only applies within the United States and therefore doesn’t protect the companies from liability.

It’s a case which is also resonating with other Latin American countries who have been impacted by illegal gun trafficking from the United States. Some of these countries have supported Mexico’s claims in the courts. And they will be watching closely to see if Mexico’s lawsuit, the first by a sovereign state, can set a precedent.

So on this week’s Inquiry, we’re asking ‘Can Mexico win its battle with US gun companies?’

Contributors: Ioan Grillo, journalist and author focusing on Organised Crime, Mexico Adam Winkler, Cornell Professor of Law, UCLA School of Law, California, USA Robert Spitzer, Distinguished Service Professor Emeritus of Political Science, SUNY Cortland; Adjunct Faculty Member, College of William and Mary School of Law, USA Dr. León Castellanos-Jankiewicz, Senior Researcher, Asser Institute for International and European Law; Academic Supervisor, International Law Clinic on Access to Justice for Gun Violence, University of Amsterdam, The Netherlands. Presenter: Charmaine Cozier Producer: Jill Collins Journalism Researcher: Matt Toulson Editor: Tara McDermott Technical Producer: Cameron Ward Production Co-ordinator: Liam Morrey Image: Reuters via BBC Images