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Estados Unidos Mexicanos v. Smith & Wesson Brands Amicus Brief
AG Healey: Gun Manufacturers and Dealers Are Not Exempt From State Consumer Protection Laws
AG Healey: Gun Manufacturers and Dealers Are Not Exempt From State Consumer Protection Laws
BOSTON — Attorney General Maura Healey led a coalition of 14 attorneys general in filing a brief with the U.S. District Court for the District of Massachusetts arguing that a federal law, the Protection of Lawful Commerce in Arms Act (PLCAA), does not shield gun manufacturers and dealers from consumer laws governing the marketing and sale of firearms.
“It is unacceptable for gun manufacturers and distributors to knowingly market their products in in a way that facilitates the illegal trafficking of weapons into the hands of dangerous individuals,” AG Healey said. “We urge the Court to recognize that gun dealers, manufacturers, and distributors may be held accountable under state laws for how they market and sell their products.”
The brief, filed Monday in Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc. et al., supports the government of Mexico in a lawsuit brought against seven U.S.-based gun manufacturers, Smith & Wesson, Barrett Firearms, Beretta, Century Arms, Colt, Glock, and Ruger, as well as a Massachusetts-based gun distributor, Interstate Arms. Mexico’s complaint alleges the defendants design, market, distribute, and sell guns in a way they know appeals to drug cartels and violent gangs in Mexico. The coalition’s brief argues against the defendants’ contentions that, through PLCAA, Congress “erected an insurmountable barrier to traditional state law forms of accountability.”