First-of-its-Kind Lawsuit Tests Gun Makers’ Foreign Immunity

American gun manufacturers’ immunity from lawsuits by other countries for the criminal misuse of weapons on foreign soil hangs on whether the First Circuit allows a lawsuit brought by Mexico to move forward.

Mexico’s first-of-its-kind challenge against firearm giants—among them Smith & Wesson Brands Inc., Glock Inc., and Beretta USA Corp.—accuses the manufacturers of facilitating gun trafficking across the US border to drug cartels in Mexico.

That type of claim would typically be blocked under the federal Protection of Lawful Commerce in Arms Act, which shields US gun manufacturers from lawsuits over the criminal misuse of their products. No appellate ...