US Court issues ruling on illegal weapons trafficking after pressure from Caribbean

Multiple nations in the Caribbean, Latin America and Central America have been seeking action from the United States with regards to the trafficking of illegal weapons which often find their way beyond the borders of the United States.

This influx of illegal weapons has long been considered a grave threat to these nations as it has led to political instability, a rise in criminal activity and security issues.

Antigua and Barbuda, Belize, The Bahamas, Jamaica, St Vincent and the Grenadines and Trinidad and Tobago came together last year and became active parts of an amicus curiae brief which was filed by Mexico, meant to push US Courts to take action against gun makers in the United States who are involved in facilitating the trafficking of illegal weapons across the border.

The Office of the Prime Minister of the Bahamas issued a statement recently to address the matter, “The guns used in the commission of violent crimes in The Bahamas are not manufactured here, but instead, are manufactured abroad and illegally trafficked across our borders.”

This consistent pressure from many nations who are in close proximity to the United States, has prompted the United States Appeals Court to back Mexico in its attempts to file a lawsuit against gun manufacturers in the United States.

The assertion here is that the questionable business practices being used by these manufacturers have allowed the trafficking of illegal weapons into Mexico, as well as other nations in the region of the Americas.

Wayne Munroe, the Minister of National Security for the Bahamas has expressed that his government, like others in the region, is happy to note that the legal apparatus of the United States is finally willing to take action against the trafficking of illegal weapons.

He said, “The fact that the case will now move forward is gratifying and encouraging. Of course, in any litigation you often have settlements, and so a part of the case the Mexicans put is that Smith and Wesson should be more responsible in not supplying people who they know may be selling to straw purchasers.”

“I think the prime minister’s decision, the government’s decision, is vindicated by this decision and we look forward to the further conduct of the matter.”

This highlights the seriousness of gun trafficking with regards to the Bahamas and other such nations in the region which have been working hard to clamp down on illegal activities and criminal enterprises but have faced significant challenges in the process.

Munroe also explained the importance of the steps that Mexico has taken and how they could set a precedent for other nations affected by the illegal trafficking of guns from the United States.

“If this goes all the way to trial through the appellate process and is successful, it would certainly set the precedent for anyone who could establish the same factual basis as Mexico to seek recourse.”

“Other persons were suggesting that we were wasting our time, the prime minister’s position, which I think is a good one, is that when you have a serious problem you use all the possible means you have to address it and that’s really what we are doing.”

These efforts can be traced back to a two-day symposium held in Trinidad and Tobago, in April 2023. This symposium brought the leaders of various Caribbean nations together with the aim of discussing the public health risks of violence in the region.

The congregation of Caribbean leaders eventually made the decision to declare a war on guns, which they see as the primary contributors to the rise in violence and criminal activity in the region. To do so, they had to make a collective decision to go after the illegal gun trade in the region which mostly stems from the United States.

They formulated a joint declaration, which was aptly named “War on Guns” and is now being used as a medium to call upon the United States to join the initiative and take definitive action against the illegal exportation of firearms and ammunition to the Caribbean.

These efforts culminated in a ruling by the US Court of Appeals for the First Circuit in Boston, Massachusetts, which was issued earlier this week. The ruling states that Mexico had provided sufficient evidence to support the claim that gun manufacturers should not be subject to immunity for their questionable business practices, which allow them to engage in illegally trafficking their products to Mexico.

In the prelude to this, Mexico had filed a US$10 billion civil lawsuit for damages against US gun manufacturers. The civil suit claimed that the negligence of US gun manufacturers has directly contributed to the trafficking of guns into Mexico.

However, in September 2022, the trial court Judge dismissed the case citing a federal law called the Protection of Lawful Commerce in Arms Act (PLCAA), which protects and offers immunity to defendant companies in cases where the damage caused by their carelessness and negligence has effects across the border in Mexico.

The Prime Minister of Trinidad and Tobago, Keith Rowley has also spoken of these developments, stating the following, “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.”

Hence, it is easy to arrive at the conclusion that a long list of nations in the Caribbean, Latin America and Central America are waiting with bated breaths to witness the United States hold itself accountable for the trafficking of guns from within its borders.

This is an important issue for many nations which find themselves in the United States’s vicinity, as they have seen the profound impact that the influx of guns to their nation has had on civil society.

It has also been a major contributing factor to the political and social instability that some nations are experiencing.