Isabella Papay is a third-year history and international relations student at King’s College London. She is interested in international law and investigative journalism that provides insight into changing political affairs in North America and worldwide.
Confiscated firearms destroyed in the border city of Ciudad Juarez, Mexico. Photo Credit: Jesus Alcazar, AFP.
As the Biden administration focuses on curtailing the recent surge of migrants from Mexico, their southern neighbour, along with a host of Caribbean nations, have urged the United States to take stronger measures against the illicit flow of weapons across their border. For decades, arms trafficking, and gang or cartel activity have fed off each other, trapping consumer countries in a vicious cycle of violence. To address the epidemic of armed violence, the leaders of several affected nations have declared a ‘War on Guns,’ collectively recognising the urgent need to curb the illicit arms trade.
The Illegal Arms Market
Even though United States gun policies are mainly considered a domestic concern, the country’s permissive gun regulation laws directly affect neighboring countries. Consequently, the region has witnessed a considerable surge in gun violence over the past two decades. Mexico and the Caribbean do not have large markets for the manufacturing of small arms and light weapons (SALW), as well as ammunition in large quantities. Furthermore, the region has stricter gun laws than the United States. For a civilian to purchase a firearm, they must meet the numerous requirements needed for a gun license. Additionally, they must adhere to the restrictions on the number and types of guns they can own.
Despite these regulations, there are an estimated 60 million civilian-held firearms in the region, both legally and illegally owned. Alejandro Celorio Alcántara, the legal advisor to the Mexican Secretariat of Foreign Affairs, stated that Mexico is ‘the fifth country in the world with the most unregistered firearms,’ with more than 13 million illicit weapons in circulation. The central source of this illegal arms market is manufacturers in the United States. The Mexican government estimates that 70% of illegal weapons in circulation are trafficked from the United States. An estimated 500,000 or more weapons are purchased in the United States annually at arms stores and fairs by ‘straw purchasers,’ who subsequently traffic the weapons to Mexico.
Similarly, in the Caribbean, straw purchases made on behalf of smugglers are concealed in cargo vessels, postal shipments, or on commercial airlines in small quantities in each shipment to evade detection by customs officials. CARICOM (the Caribbean Community) found that 98.6% of confiscated weapons in the Bahamas are American-made; additionally, 87.7% in Haiti, 67% in Jamaica, and 52% in Trinidad and Tobago can be traced similarly. The Caribbean has also witnessed a rising import of low-cost ‘conversion devices’ capable of turning handguns into automatic weapons. Only recently have customs officials undergone training to identify these weapon enhancers. As a result, the region is plagued by high violent death rates, primarily attributed to gun violence.
The Rise in Violent Deaths in Latin America and the Caribbean
The Americas and the Caribbean suffer from the highest percentages of violent deaths, nearly three times the global average. These elevated rates are primarily attributed to gun violence. Latin American and Caribbean countries exclusively rank within the global top 10 list of nations with the highest rates of per capita violent gun deaths. The increase in armed violence and homicide aligns with the illegal trafficking of SALW from the United States, with these weapons accounting for 60% of homicides in 2021. In some Caribbean countries, this proportion reaches 90%. Well-armed gangs and drug cartels are the main perpetrators of violence. Due to the accessibility of guns, including United States military-grade weaponry, the operations of criminal organizations have expanded and become more violent.
In Mexico, drug cartels have long been found in possession of semi-automatic rifles, such as AK-47s and AR-15s, which they use to fight rival cartels and government forces, often with civilians in the crossfire. Recently, drug cartels have been found with military weapons inaccessible to United States citizens, such as belt-fed machine guns, rocket launchers, and grenades. In June, the Mexican army stated that they had confiscated 221 fully automated machine guns, 56 grenade launchers, and 12 rocket launchers from drug cartels since late 2018. By acquiring such weapons, the cartels aspire to overpower Mexican forces. Although the Mexican army and marines maintaining a superior arsenal, the drug cartels have outgunned other branches of Mexican law enforcement.
In the Caribbean, gun violence has intensified, particularly in Haiti, Trinidad and Tobago, and Jamaica, where the high murder rates are attributed to heightened gang activity. Unlike large, well-resourced Mexican drug cartels, Caribbean urban gangs are small organizations with limited resources; thus, they do not seek the same sophisticated weapons. Handguns are the most prevalent weapons smuggled from the United States, account for 88% of seized weapons in the region. In Haiti, heavily-armed gangs target national and border police, ports, critical infrastructure, police stations, and communities, contributing to rising levels of extortion, kidnapping, sexual violence, and violent deaths. Similar gang violence in Jamaica led Prime Minister Andrew Holness to declare several states of public emergency over the past few years, allowing officials to make warrantless arrests.
The Mexican Lawsuit Against United States’ Gun Manufacturers
In 2021, Mexico filed a US $10 billion lawsuit against several principal American gun manufacturers, including Smith & Wesson, Sturm, and Glock, to hold them responsible for the escalating gun violence in Mexico. The case was dismissed in 2022, citing the 2005 Protection of Lawful Commerce in Arms Act (PCLAA), which shields gunmakers from damages ‘resulting from the criminal or unlawful misuse’ of their products. However, in January 2024, the 1st United States Circuit Court of Appeals in Boston overturned the lower court’s dismissal of the case, ruling that Mexico can sue the gun manufacturers. Judge William Kayatta stated that Mexico’s lawsuit is ‘statutorily exempt’ from the PCLAA since it accuses the companies of aiding and abetting illegal gun trafficking instead of causing injury.
Several Caribbean nations, including Antigua and Barbuda, Belize, the Bahamas, Jamaica, St. Vincent and the Grenadines, and Trinidad and Tobago, filed a joint amicus curiae brief, demonstrating their support for Mexico’s lawsuit. In a symposium last April, CARICOM leaders recognized rising gun violence as a public health issue and formally declared a ‘War on Guns.’ Additionally, the leaders called for the United States to join their efforts in combating the illegal export of firearms, which contributes significantly to an epidemic of crime and violence in the Caribbean. The United States did not respond. Although the case has not yet faced settlements or moved to court, many Caribbean nations have noted their feelings of vindication over the appeals decision. Trinidad and Tobago Prime Minister, Dr. Keith Rowley, stated that he feels ‘satisfied…with the arguments and the Mexican lawsuit because we face the same problem that Mexico is complaining about.’
This challenge against the operations of the firearms industry, holding these companies accountable for their negligent practices, is unprecedented and worth watching as Mexico presents its case in court after this recent appeals decision.
International Relations Today 