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

21 Sharp Lead Photo
21 Sharp Lead Photo

Behind the Bullet: 21 Sharp

Phil Massaro dives into the 21 Sharp, a 21st century take on the .22 Long Rifle.

SAAMI Publishes 7mm Backcountry Cartridge Specifications

The Sporting Arms and Ammunition Manufacturers’ Institute (SAAMI) recently announced the acceptance of Federal’s new 7mm Backcountry (7mm BC) rifle cartridges for SAAMI standardization.

Editor's Picks: Top 5 Knives for a Hunter's Knife Roll

Looking for a general hunting knife? Or the perfect blade for a specific task? One of the following five curations is sure to fit the bill, no matter what you're looking for.

First Look: Wilson Combat Quell Suppressors

Wilson Combat has introduced its Quell P & Quell P-S Suppressors, precision-engineered for 9mm semi-automatic pistols to deliver enhanced noise reduction in a lightweight, durable package.

Big-Game Rifles for Those with Compromised Upper Body Strength

Hunters suffering from debilitating physical conditions have limited options when it comes to center-fire rifles. Here we detail some of the best.

MidwayUSA Brings on Peterson Cartridge

MidwayUSA has announced Peterson Cartridge as one of the latest additions to their offering of reloading components.

Interests



Get the best of American Hunter delivered to your inbox.