How Weak American Gun Laws Aid and Abet Terrorism
Public safety is threatened at home and abroad by an unscrupulous gun industry
By: Devin Hughes
Last year, the Trump administration designated a handful of Mexican cartels as foreign terrorist organizations, yet the irony is that current gun laws protect the flow of American firearms to the very cartels the Trump administration has deemed terrorists.
In March, federal prosecutors used the new terrorist designation for the first time, charging an Arizona gun store owner with attempting and conspiring to provide material support to Mexican cartels. But the problem is not only the gun dealer who knowingly sells to a cartel, it is the legal architecture that makes ignorance profitable.
The Protection of Lawful Commerce in Arms Act (PLCAA) shields gun manufacturers and sellers from many civil suits arising from the criminal misuse of firearms. In practice, that protection incentivizes a “see no evil, hear no evil, speak no evil” business model — as long as the dealer doesn’t “know” their guns are being trafficked or used for criminal purposes, they can profitably turn a blind eye.
This system has been devastating not only in the U.S., but also in Mexico by laying the groundwork for a lucrative supply chain of weaponry to terrorists.
Studies estimate that 70-80% of recovered and traced firearms in Mexico are sourced back to the United States, with more than 100,000 firearms trafficked to Mexico-based cartels each year. Even the lowest of these estimates represents a flood of weaponry that allows cartels to wage war against civilians, the Mexican government, and each other. A recent New York Times investigation highlighted how the cartel gun runners themselves recognized and exploited weak state and federal gun laws, with Arizona in particular serving as a hub.
The weapons they acquire range from handguns to semi-automatic assault rifles to .50 caliber sniper rifles designed to take out vehicles. Mexican security forces frequently raise alarm that they are outgunned by the cartels, primarily thanks to the flow of American guns. These arms allowed the cartels to shut down entire swaths of Mexico earlier this year in revenge for the death of one of their leaders by Mexican authorities.
The pipeline is both deadly and lucrative. A 2013 study estimated that U.S.-Mexico trafficking generated an estimated $127 million in annual firearms revenue from 2010 to 2012. The same study estimated that nearly half of U.S. firearms licensees depended on some amount of demand from the U.S.-Mexico firearms trade. This is not a case of a few bad apples, but an entire rotten system.
When Mexico sought relief, the Supreme Court struck down its lawsuit because it could not overcome PLCAA. So long as members of the gun industry weren’t actively trying to arm the cartels, they were legally untouchable.
The Trump administration is further hamstringing law enforcement, pulling ATF and FBI agents who had been overseeing gun law enforcement to assist with an immigration crackdown, and announcing additional reductions to the number and consequences of ATF inspections. This comes despite a study released this year that found that ATF citations of gun dealers lead to a 20-44% reduction in trafficked firearms.
PODCAST: The complex Mexican “arms race” spurred on by the influx of American-made guns
America’s weak gun laws and lax enforcement aren’t just killing Americans; they are devastating countries such as Mexico and leading to an untenable national security environment.
Public safety is threatened both at home and abroad by an unscrupulous gun industry putting profit over lives, shielded by an intentionally weak legal framework it spent decades crafting.
It is long past time to repeal PLCAA, the Tiahrt Amendments, and other carveouts that threaten national security, hamper law enforcement, and prevent accountability. The ATF should be given the necessary resources to follow its mission of preventing gun trafficking and implementing life-saving enforcement measures.
It is time to treat gun violence like the serious public safety and national security emergency it is.
Devin Hughes is the President and Founder of GVPedia, a gun violence prevention non-profit that provides access to research and data to combat disinformation.
Photo by Tomer Dahari; via Pexels.
PLCAA shields gun makers from unethical, abusive litigation by gun control extremists. No rational person would sue Jeep for drug runners stealing them to cross the desert. It would be absurd to sue Coors for drunk drivers. Yet the irrational, absurd immaturity of gun control needs so desperately to avoid the real problems with criminal behavior that they seek to blame everyone but the actual criminals. It's insane, quite literally.
What Hughes advocates is removing protections from malicious, spiteful, uninformed legal assault. If Devin and his gun control zealots had any integrity, they would be addressing failures to prosecute and supporting enforcement against terrorist organizations.