By David Teiner

The inability of the Mexican state to effectively fight against organized crime and to counter the territorial control of entire regions by criminal cartels has led many studies on organized crime in Mexico to new approaches, with many describing the acts of publicly displayed violence by Mexican cartels as Narco-Terrorism. Concerning the enhanced military capacity of many cartels and their territorial control, some scholars have also claimed that Mexico is experiencing a Criminal Insurgency, while others have criticized this classification for its impreciseness and for the consequences that come with it. Much of this debate continues to focus on the extent to which Mexican cartels are profit-driven and nonpolitical, or whether they have become politicized over time. Some studies avoid this controversy by seeing (Narco-)Terrorism as a tactic used by cartels to intimidate politicians and civil society, to demonstrate strength, and to claim territorial control

Perspectives on Terrorism , August 2020, Vol. 14, No. 4 (August 2020), pp. 83-98  

By William R. Slomanson

An estimated quarter- to half-million guns are smuggled from the U.S. into Mexico each year. Seventy percent of guns recovered at Mexican crime scenes are traced back to the U.S. Many of these weapons are military-styled assault rifles, shipped into Mexico by U.S. drug gangs. This pipeline endangers citizens of the four U.S. border states, many of the nation’s counties, and the police who are outgunned by cartels. According to the complaint, 'tens of thousands of Mexico’s citizens have been wounded and killed.'

The typical precursor is sloppy or illegal practices in the manufacturer-wholesaler-retailer-buyer distribution chain. Data available to the gun industry could be used by its members to substantially reduce sales of guns to 'bad apple' retailers.

Mexico’s unique law suit  is the first whereby a foreign government has sued American gun makers. If ultimately successful, the trial judge has hinted that this novel filing would encourage similar litigation−in the U.S. and other nations.

Estados Unidos Mexicanos is not a lawsuit against the Second Amendment. Mexico instead hopes to trigger an exception to the federal statute that generally bars such suits against the U.S. gun industry. The plaintiff relies on lower U.S. court cases that have either interpreted that immunity from suit−in a way that allows such suits to proceed−or have considered this federal statute unconstitutional.

Mexico filed in the U.S. for several presumptive reasons. It seeks stratospheric damages of 'billions of dollars each year'. A large recovery is more likely in an American court than in Mexico. Securing the appearance of these U.S. corporations in a Mexican venue would be beyond wishful thinking. Mexico’s other major hurdle is whether a U.S. court can exercise personal jurisdiction, when all of the alleged harm has occurred in Mexico.

The case is now in the trial court. After that result is appealed, and case-split certiorari is sought, the reviewing courts may dismiss this case because: (1) it does not trigger the key exception to federal immunity from suit; and/or (2) the court lacks personal jurisdiction over the non-resident defendants.

56 Suffolk University Law Review (forthcoming 2022), 35p.