NRA Files Amicus Brief Supporting Firearm Manufacturers

by
posted on January 16, 2025
NRA ILA Logo

NRA filed an amicus brief supporting firearm manufacturers in a case where the plaintiffs allege that the manufacturers’ pro-Second Amendment social media posts caused a third party to commit a horrific public shooting.

The firearm manufacturers regularly post pro-Second Amendment content on social media. These posts often contain imagery of firearms, individuals in military gear, and tactical equipment, and express support for the right to keep and bear arms.

After an individual used various firearms—some of which were manufactured by the defendants in this case—in a crime, the plaintiffs filed a lawsuit claiming that the manufacturers’ social media posts influenced the shooter to act.

NRA’s brief focuses on certain First Amendment aspects of the case. The plaintiffs claim, in essence, that the manufacturers’ social media posts are not protected by the First Amendment because they are either (1) commercial speech or (2) incitement to violence. NRA’s brief explains that the social media posts are not commercial speech because their primary purpose is to advocate for the Second Amendment, not to facilitate a commercial transaction. And either way, the plaintiffs’ attempt to censor the posts is viewpoint discrimination based on the pro-Second Amendment views expressed in their posts, which presumptively violates the First Amendment.

Moreover, the manufacturers’ posts did not incite the shooter to commit violence. There is nothing sinister about the militaristic imagery in the posts. Rather, there has always been a synergistic connection between military, law enforcement, and the right to keep and bear arms.

At its core, this is a case where the plaintiffs are trying to censor the manufacturers because they disagree with their message. But the manufacturers have a right to speak (or post) in support of the Second Amendment, and the plaintiffs cannot violate the First Amendment to stop them from doing so.

The case, Lowy v. Daniel Defense, is currently before the Fourth Circuit Court of Appeals. Stay tuned to nraila.org for future updates.

Latest

NRA ILA Lede
NRA ILA Lede

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

On March 31, the National Rifle Association of America (NRA), together with the Firearms Policy Coalition, Second Amendment Foundation, Colorado State Shooting Association, Magnum Shooting Center and an NRA member, filed a lawsuit challenging Colorado’s 6.5-percent excise tax on the retail sale of firearms, firearm precursor parts and ammunition.

The Magnum Research 10mm Magnum BFR Revolver

This 6-shot, single-action revolver may well be the first factory-made handgun chambered in this caliber in over three decades.

Hunting Heritage Trust Grant Applications Being Accepted

The National Shooting Sports Foundation (NSSF), the trade association for the firearm industry, has opened the application period for the 2025 Hunting Heritage Trust Grants. They offer a total of $100,000 in financial support for programs that work to expand participation in hunting and the shooting sports.

Hardware Review: Marlin Model 1895 Dark

If you think lever-action rifles should only have walnut stocks and a blued-metal finish, then the new Marlin Dark series with its polymer buttstock and aluminum AR-esque handguard probably won’t be your thing. That’s a shame, because this recent offering in Marlin’s line of modernized, capable lever-action rifles has a lot going for it in terms of performance, functionality and fun.

ATN Shipping TICO LTV Thermal Clip-On

This thermal clip-on device is a huge night-time gear multiplier for hunters and observers, transforming any daytime scope into a thermal sight.

MidwayUSA Named Official Sponsor of the 2025 NRA Annual Meetings

Glock, Inc. is the Presenting Sponsor of the Freedom Experience on Saturday, April 26th

Interests



Get the best of American Hunter delivered to your inbox.