(Trinidad Express) Prime Minister Dr Keith Rowley says the United States Appeals Court landmark ruling in upholding Mexico’s move to sue American gun manufacturers for facilitating gun trafficking across the border into Mexico and contributing to gun violence is a “good thing” for Trinidad and Tobago.
This development, he said, should cause all manufacturers and dealers to be more responsible in their trading in these items and make it more difficult for those who would engage in actions that are harming our country.
The Express contacted the Prime Minister, who is chair of the National Security Council, for comment yesterday following the ruling on Monday.
“I feel satisfied that it was a good thing for Trinidad and Tobago to align itself with the arguments and the Mexican lawsuit because we face the same problem that Mexico is complaining about. Whatever the final outcome of this lawsuit, because it is a complaint being filed by sovereign states being taken up by the US judicial system, this will certainly cause gun manufacturers and distributors in the US to pay attention and take pause as they shovel volumes of dangerous items into our countries without the least bit of care as to the damage and destruction that these guns and ammunition are having in on our vulnerable societies,” he said via WhatsApp in response to questions.
Rowley also knocked the Opposition for its lack of support with respect to this issue.
“What should also be noted here in Trinidad and Tobago, is that once again, as is normally the case , the government of our country could not count on any support from the Opposition in our efforts to advance the interests of Trinidad and Tobago , especially in matters of diplomacy and foreign affairs,” he said.
He added, “They had a lot of negative comments on this issue as they tried to throw shade on the efforts of the government as we spoke and acted alongside Mexico, in this pioneering effort to hold gun suppliers responsible at the source of the supply, even before the killing tools get into the hands of dealers and criminal traffickers.”
Mexico filed its action in August 2021 and US District Court Judge F Dennis Saylor IV dismissed the case, holding that the Protection of Lawful Commerce in Arms Act (PLCAA) gives the gun industry immunity from civil liability in the United States.
In its appeal of that dismissal, Mexico argued that PLCAA does not provide immunity for harm caused abroad, or where gun companies violate the law. The court agreed with Mexico, concluding that the country had made a strong enough case that “defendants (the gun companies) aided and abetted the knowingly unlawful downstream trafficking of their guns into Mexico.”
Global Action on Gun Violence (GAGV) stated that the court remanded the case back to the trial court.
Unfair legal shield
In a statement, GAGV said the US Court of Appeal for the First Circuit became the first court to uphold the right of a sovereign country to sue the gun industry, and the first federal appeals court to allow gun manufacturers to be held liable for facilitating gun violence since a US gun industry protection law was enacted in 2005.
GAGV is the only non-profit organisation working to end global gun violence through litigation, international action, and advocacy, and draws on over 25 years’ experience litigating against the gun industry.
The statement noted that on Monday the Court ruled that Mexico v. Smith and Wesson, et al. – the first lawsuit brought by a national government against the gun industry – can proceed, reversing a trial court ruling that held that the federal gun industry shield law (Protection of Lawful Commerce in Arms Act) prohibited it.
Mexico’s lawsuit against six American gun manufacturers seeks to hold the companies accountable facilitating gun trafficking across the border into Mexico and contributing to gun violence in that country.
GAGV president Jonathan Lowy is co-counsel for Mexico, along with Texas-based litigator Steve Shadowen.