US-Mexico Border: The Flow of Weapons to Cartels

In the wake of the recent death of Nemesio Oseguera Cervantes, known as "El Mencho," the head of the Jalisco New Generation Cartel (CJNG), Mexico's Defence Minister Ricardo Trevilla Trejo reported that 80 percent of weapons seized from Mexican cartels originate from the United States. This revelation highlights the ongoing issue of arms smuggling across the US-Mexico border, which continues to fuel violence in Mexico.

El Mencho was tracked and killed in a raid in Tapalpa, Mexico, with the assistance of US intelligence. His cartel, the CJNG, is notorious for its military-grade arsenal and has been involved in significant violent incidents, including shooting down military helicopters. Other major cartels, such as the Gulf Cartel and the Sinaloa Cartel, are similarly well-armed, often with weapons sourced from the US.

Mexico's strict gun laws limit civilian access to firearms, allowing only small handguns and certain rifles to be purchased through military-run stores. However, cartels bypass these restrictions by obtaining weapons illicitly, primarily from the US. The availability of high-caliber rifles and high-capacity magazines in the US makes it a primary source for cartel armaments. It is estimated that 200,000 to 500,000 firearms are trafficked from the US into Mexico annually.

Cartels acquire weapons through various illegal means, including straw purchases, theft, and dealings with unlicensed resellers. Straw purchasing involves legally eligible individuals buying firearms on behalf of those who cannot legally do so, circumventing background checks. The weapons are often smuggled into Mexico in small, concealed shipments to avoid detection.

In response to the illegal arms flow, the Mexican government has taken legal action against US gun manufacturers and dealers. In 2021, Mexico filed a $10 billion lawsuit against major US gun manufacturers, arguing that their practices facilitate the illegal arms trade to cartels. However, the US Supreme Court ruled against Mexico, citing the Protection of Lawful Commerce in Arms Act, which shields gun manufacturers from liability for crimes committed with their firearms.

Additionally, Mexico has pursued lawsuits against individual gun shops in Arizona, accusing them of enabling straw purchases and weapons trafficking. These legal efforts are part of Mexico's broader strategy to curb the flow of US-sourced firearms into the country.

The US has also attempted to address the issue through various initiatives. From 2018 to 2021, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted Project Thor, targeting gun-trafficking networks. However, the project was defunded in 2022. Previously, from 2009 to 2011, the ATF ran Operation Fast and Furious, which allowed firearms to be illegally purchased and trafficked to track cartel members. The operation faced severe criticism after many weapons were lost and used in violent crimes.

The ongoing challenge of arms smuggling underscores the complex relationship between the US and Mexico in addressing cross-border crime. While both countries have made efforts to tackle the issue, the flow of weapons continues to pose significant challenges to regional security and stability.