Ted Cruz Files Amicus Brief Supporting 2A in Lawsuit Filed by Mexico

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Sen. Ted Cruz (R-TX) filed an amicus brief in a case Mexico filed in federal court in the District of Massachusetts against numerous United States gun manufacturers.

The suit, Estados Unidos Mexicanos v. Smith & Wesson Brands, was filed in 2021.

On August 4, 2021, Breitbart News reported the filing of the lawsuit, noting that the government of Mexico was suing six United States gun makers and one Boston-area wholesaler, claiming “massive damage” created by “unlawful trafficking” of firearms to cartel and criminal elements.

The six gun manufacturers are Smith & Wesson, Beretta, Century Arms, Colt, Glock, and Ruger.

The suit is now on appeal in the United States Court of Appeals for the First Circuit. The Daily Caller noted that Cruz, together with Sens. Rick Scott (R-FL), Ted Budd (R-NC), Marsha Blackburn (R-TN), and 35 House Republicans, filed an amicus brief in support of United States sovereignty and the Second Amendment.

Cruz commented on the brief. “Mexico’s arguments in this lawsuit don’t hold water, which is why the suit was thrown out in the district court last year. In sum, what the government of Mexico is trying to do is impose its own interpretation of American law on American businesses,” he said. “This demonstrates a disregard for our Constitution and in particular, our Second Amendment.”

Cruz also pointed to the Protection of Lawful Commerce in Arms Act (PLCAA), which Congress passed in 2005 and President George W. Bush signed to shield gun manufacturers from frivolous lawsuits.

On August 9, 2021, Breitbart News pointed out that PLCAA protects gun makers from lawsuits in situations where a gun, criminally used, was legally made and legally sold.

The text of PLCAA states:

Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended.

Cruz claimed that the Mexican government is ignoring PLCAA, which provides Congress’s position on suing gun makers over lawfully made products. He also suggested the Mexican government is sidestepping “the fact that the United States is a sovereign nation.”

Cruz, his fellow Senators, and the 35 House Republicans are being represented by attorneys from Washington, DC, firm Schaerr Jaffe. The attorneys are Chris Bartolomucci and Ken Klukowski.

The case is Estados Unidos Mexicanos v. Smith & Wesson Brands, No. 22-1823 in the United States Court of Appeals for the First Circuit.

RELATED — WATCH: Hawkins Explains Why Gun Makers Wouldn’t Exist Very Long if Biden Successfully Repealed Protection from Frivolous Suits


AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010. and he holds a Ph.D. in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.


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