The question
Whether Mexico's complaint plausibly alleges that firearms manufacturers aided and abetted unlawful gun sales to traffickers so as to trigger PLCAA's predicate exception and permit the suit to proceed.
Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos
What the Court decided
The Court reversed and held that the Protection of Lawful Commerce in Arms Act bars Mexico's lawsuit against the gun manufacturers. Mexico's complaint does not plausibly allege that the manufacturers aided and abetted gun dealers' unlawful sales of firearms to Mexican traffickers, so the predicate exception to PLCAA's general bar does not apply. Aiding and abetting requires an affirmative act intended to facilitate the offense, and an ordinary merchant does not become liable simply by knowing that some fraction of its goods will be misused.
How the justices split
UnanimousThe Court's opinion
Kagan, joined by Roberts, Thomas, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, Jackson
Delivered the opinion for a unanimous Court. PLCAA bars qualified civil liability actions against firearms manufacturers and sellers stemming from a third party's criminal or unlawful misuse of a firearm, subject to a predicate exception for knowing violations of a statute applicable to firearms sale or marketing that proximately caused the harm. Aiding and abetting can supply the predicate violation, but it requires an affirmative act intended to facilitate the offense, and it usually turns on specific wrongful acts rather than a general category of misconduct. An ordinary merchant does not become liable for criminal misuse of its goods simply by knowing that misuse will occur in some fraction of cases. Mexico's complaint does not plausibly allege that the manufacturers aided and abetted dealers' unlawful sales, so PLCAA bars the suit.
Concurring
Thomas, writing alone
Filed a concurring opinion. The syllabus does not state its content beyond identifying it as a concurrence.
Concurring
Jackson, writing alone
Filed a concurring opinion. The syllabus does not state its content beyond identifying it as a concurrence.
How we know · 5 sourced claims
The Court held that PLCAA bars Mexico's lawsuit against the gun manufacturers.
Source: syllabus, Held
Mexico's complaint does not plausibly allege that the manufacturers aided and abetted gun dealers' unlawful sales of firearms to Mexican traffickers.
Source: syllabus, Held
Kagan delivered the opinion for a unanimous Court.
Source: syllabus, lineup
Thomas and Jackson each filed concurring opinions.
Source: syllabus, lineup
PLCAA's predicate exception applies when a manufacturer or seller knowingly violated a statute applicable to firearms sale or marketing and the violation proximately caused the harm.
Source: syllabus, Held