After a two-hour hearing Thursday, a federal judge in Tucson will consider whether to move forward with a lawsuit filed by the Mexican government against five Arizona gun dealers.

U.S. District Judge Rosemary Marquez asked several questions during the hearing and ruled on two narrow legal issues, but the court did not rule on the motion to dismiss the case and asked the attorneys: He said he would consider the matter under advisement.

Frustrated by the United States' failure to curb gun smuggling, the Mexican government has filed two separate lawsuits in the United States. The first lawsuit was filed in August 2021 against a gun manufacturer and wholesaler in the Boston area.

The following October, lawyers from the Tucson-based firm DeConcini MacDonald Yetwin & Lacey filed a lawsuit on behalf of the Mexican government, charging Diamondback Shooting Sports, SnG Tactical, Ammo AZ, Spragues Sports and The The hubs allege they “systematically participate in military human trafficking.” They supply gun traffickers with weapons and ammunition to Mexican drug cartels. ”

Lawyers say in the complaint that gun dealers “knowingly engage in reckless and illegal business practices, including straw sales and the bulk and repeated sales of military-style weapons, supplying dangerous criminals in Mexico and the United States.” I need to know if it's there,” he wrote.

While most gun dealers “practice safe practices and, as a result, do not sell crime guns,” these five stores “are thereby contributing to the emergence of deadly cartels.” Despite the foreseeability, in fact, the near certainty of “transnational violence,” they choose to use reckless and illegal conduct to sell guns. The defendants engaged in these reckless and illegal acts in order to make money. ”

The lawsuit is closely related to a similar suit filed against gun manufacturers a year ago. The case was dismissed by a federal court, but a January decision by the 1st Circuit Court of Appeals revived the challenge, creating a complex legal situation that could send the Arizona case to the U.S. Supreme Court. .

In the first lawsuit, the Mexican government argued that because people were purchasing small numbers of firearms through straw purchases at gun stores, including stores in Tucson and Phoenix, weapons made by U.S. companies were being sold under “Operation Hormiga,” or “Ali He said he was moving through the operation. Smuggle weapons into Mexico.

During the first 24 months of fiscal year 2024, which began on October 1, 2023, CBP officers seized 345 firearms, approximately 154,000 rounds of ammunition, and hundreds of gun magazines and parts. CBP agents seized 78 weapons along the U.S.-Canada border, most of them in attempts to smuggle weapons into Mexico.

In Arizona, CBP officers seized 48 handguns, 23 rifles and more than 59,000 rounds, according to agency statistics.

Mexican officials say companies including Smith & Wesson and Stram, Ruger & Company make nearly $170 million a year in revenue by illegally selling their weapons to corrupt U.S. dealers. He said he was getting it. Additionally, the Mexican government claimed that Colt Manufacturing manufactures three .38-caliber handguns. “Emiliano Zapata 1911” includes the phrase “It's better to die standing than to live on your knees,” and is often thought to be named after the Mexican revolutionary. I am.

As the Mexican government pointed out, a Colt .38 caliber pistol was used to kill prominent investigative journalist Miroslava Burić Verduca in 2017.

Sales are “a drop in the bucket”

At a hearing in Tucson, lawyers for the stores challenged Mexico's lawsuit, arguing that the country lacked standing to sue and that the lawsuit is based on a 2005 Lawful Commerce in Arms Act that protects gun manufacturers. They argued that it was invalid under the Protection Act. If a crime is committed using your product, you are exempt from civil litigation.

Lawyer John Marsch said the court “does not exist to make political points or provide an outlet for parties' grievances.”

He argued that Mexico's claims against five federally licensed distributors “cannot accurately trace the cause of the harm and the relief sought can never compensate for that harm.” That's because there are three other parties involved who help move firearms from U.S. dealers to Mexican cartels. . “Straw buyers, traffickers, and people who commit crimes independently make their own cognitive decisions to break the law. These he… , we are not here.”

But Marquez, who was appointed by President Barack Obama, pointed out that in other cases, gun stores are two steps closer to getting guns into Mexico than gun manufacturers. Mr. Marsch told Mr. Marquez that gun manufacturers may advertise to Mexican cartels, but stores have no choice in naming or advertising their weapons.

He also rejected Mexico's argument that some gun sales, including multiple purchases of semi-automatic rifles and handguns, could not be red flags. He noted that if someone purchases multiple weapons, gun dealers will notify the Bureau of Alcohol, Tobacco and Firearms and state authorities.

“Just selling a firearm that is legal in the United States should not be a red flag,” Marsch said. “It's legal to sell more than one gun at a time. It's not a sign of trafficking.”

Marsch pointed out that only five stores were responsible for several firearms recovered after cartel-led violence.

Mexican lawyers claimed these stores were among the “top 10” gun dealers tracked from Mexico to the U.S., but Marsch claimed there were 1,500 gun dealers in Arizona. However, they argued that these companies are not Arizona's “sole source of firearms.” About 10,000 in border states. Guns may also be available for purchase at flea markets, gun shows and private transactions, he said.

The stores he defended sold just 47 firearms recovered in Mexico, a “drop in the bucket.”

“I fail to see how the 47 firearms recovered from these five defendants will reduce gun and cartel violence in Mexico,” he said. “If these dealers closed today, it wouldn't change the power dynamics in Mexico in any way.”

Stores have the opportunity and obligation to stop purchasing straws

Mexican lawyer John Lowy said the lawsuit against gun manufacturers like Smith & Wesson is “a little different” than his case, but the appeals court's decision “makes this case stronger and easier.” “I will do it,” he insisted.

“As your Excellency points out, the stage from the defendant's misconduct to the injury has not progressed very far,” he said, adding, “There is no overwhelming evidence that firearms dealers may be liable under federal law.” There is support,” he added.

He said the gun traces show a purchasing pattern and there are “signs” of gun trafficking, such as repeated purchases of the same weapon.

“Any reasonable person would ask, 'Why do we need 10 assault weapons and a sniper rifle?'” Certain purchasing patterns could indicate someone is trafficking weapons. Lowy insisted.

Gun stores can observe people in their stores and have an “opportunity and obligation” to stop straw purchases. In their filing, the lawyers argued that the First Circuit properly argued that Mexico “has aided and abetted dealers in selling firearms, knowing that the defendants were violating relevant state and federal laws.” “I am doing so.''

The Court of Appeals further held that “although a chain of causation can be explained in multiple stages, this does not mean that there is an insufficient connection between the harmful act and the alleged injury.” handed down the verdict.

He also opposed the idea that the PLCAA would provide immunity to gun dealers.

Mr. Marquez asked whether the convictions of straw buyers showed that the system was working, but Mr. Lowy disagreed, saying that while some people are arrested, many are arrested multiple times. He argued that this “does not solve the problem” because people will be arrested after trafficking weapons.

Lowy said Mexico is seeking injunctive relief and money, as well as federal monitors to review gun purchases at stores. He told Marquez that New York City installed monitors at some gun stores in response to the lawsuit, and that research shows a “significant” decrease in the flow of guns in the city.

“It's mind-boggling. How could you go ahead with that transaction? Is that so?” he said.

Last week, a former college student was sentenced to 21 months in prison for purchasing at least 15 weapons, including an AK-47-style weapon and a .50-caliber sniper rifle, for a former State Department driver who smuggled weapons into Mexico. He was paid $1,000 for each of his purchases and purchased multiple weapons and thousands of rounds of ammunition over several months.

Shadowen claimed that while only a few dozen guns were recovered in Mexico, research showed that for every weapon recovered, 18 to 45 weapons were trafficked.

“According to that calculation, the annual number is not 47,” he said. “Between 846 and 2,115.” The argument that a small number of guns does not contribute to Mexico's violence is flawed, he argued.

“Imagine how your honor would be received if you went to the border and these defendants were standing there trying to hand over 2,000 guns,” he said. “If we say we can't ban Mexico because there are only 2,000 guns when there are already thousands of them, who will react?”

Mexico's Foreign Ministry said in a statement Thursday that the five stores “facilitate the smuggling of sophisticated weapons into our country.” “The Mexican government has stressed that companies believe that the number of weapons trafficked resulting from their sales is small, but that they are bringing death and suffering to our country.”

“Therefore, it does not matter whether more or fewer weapons illegally enter our territory as a result of ignored commercial practices.Mexico recognizes the importance of ending arms trafficking and the need for the contributions of companies that sell arms. To this end, we will carry out our activities responsibly and carefully. ”

Marquez asked whether they should wait to see if the Supreme Court agrees to hear the Massachusetts case. Defense attorney Marsch said they should wait for the Supreme Court to consider the case, possibly within the next six months. Lowy disagreed, saying the case should move forward because Mexico “faces significant security challenges due to the pipeline of guns flowing across the border into the hands of cartels.”