by Nate Raymond

BOSTON (Reuters) – The Mexican government on Monday urged a US appeals court to revive a $10 billion lawsuit seeking to hold US gun makers accountable for facilitating arms smuggling for drug cartels across the US-Mexico border.

A three-judge panel of the First US Circuit Court of Appeals in Boston questioned whether a lower court judge erroneously concluded that a US law barred Mexico from suing Smith & Wesson Brands, Sturm, Ruger & Co. and others.

That law, the federal Protection of Lawful Commerce in Arms Act (PLCAA), gives the firearms industry broad protection from lawsuits over the misuse of their products.

But Mexico’s lawyers argued that the law only bars lawsuits over injuries that occurred in the United States and does not shield the seven manufacturers and one distributor suing them from liability over smuggling guns to Mexican criminals.

Steve Shadowen, a lawyer for Mexico, said that allowing Mexico to pursue its case in US courts would allow Mexico to seek not only damages, but also a court order aimed at countering the 20,000 deaths a year that he attributed to the companies’ actions.

“What we want is an injunction so that these defendants can begin to look into their distribution systems,” he said. “And it is only the US courts that can grant injunctive relief.”

Mexico says more than 500,000 guns are smuggled from the United States into Mexico a year, more than 68% of which are made by the companies it sued, including Beretta USA, Barrett Firearms Manufacturing, Colts Manufacturing Company and Glock Inc.

Smith & Wesson attorney Noel Francisco argued that Mexico’s lawsuit is devoid of allegations that the gun manufacturers’ gun sales themselves did anything that would create an exception to the PLCAA’s broad protections.

“You have licensed manufacturers who sell to licensed distributors who sell to licensed retailers who sell to individuals who meet the requirements of federal law, but some of those are straw purchasers,” he said.

US Circuit Judge William Cayeta said that although Mexico did not directly accuse the gun makers of violating any gun laws, one of its main legal principles was that they aided and abetted others in smuggling guns abroad, creating potential liability.

“what’s wrong with it?” Kayatta asked.

A decision is expected in the coming months.