NRA Files Amicus Brief Supporting Firearm Manufacturers

by
posted on January 16, 2025
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
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

Olsen Shooting Model 89 Takedown
Olsen Shooting Model 89 Takedown

#SundayGunday: Big Horn Armory Model 89 Take Down

There’s no denying lever-action rifles have a hold on American shooters. They have a storied history with modern application, and simply put, they are just cool. On this episode of American Hunter’s Sunday Gunday, we’re taking a closer look at a lever action rifle that adds to that appeal a big-bore 500 Smith and Wesson chambering, and the ability to be taken down into two parts for easy transport: The Model 89 500 S&W Take Down from Big Horn Armory.

Time to Apply for Pennsylvania Elk

This year, the window to apply for Pennsylvania's elk season starts on May 1 and goes to July 12.

Free Chance to Win One of 200 Suppressors

Silencer Central has launched Silencer Central’s 100 Days of Silence, a daily giveaway that will award 200 suppressors over 100 consecutive days. The campaign, which is the largest suppressor giveaway ever staged in the United States, began April 17 and runs through July 25, 2026.

Member's Hunt: Patience is Tough When You Shoot a Big Buck

My phone still in my hands, I texted my teenage son, who was hunting along the field not far away. Trying not to move any part of my body but my thumbs, I sent the message, “Got a buck down, but he’s still alive. Help!” Tucker texted back, “What do you want me to do?” I replied: “Come kill the bastard before he kills me!” Intrigued? Read on.

First Look: 2026 Spypoint Trail Camera Lineup

Spypoint's 2026 trail camera line-up features three new models designed to deliver on flexibility and control.

Hardware Review: Christensen Arms Evoke .375 H&H

A .375 H&H Magnum for less than $1,000 is a win for hunters on any continent, especially when it comes packed with features and has the sub-MOA accuracy potential of the American-made Evoke from Christensen Arms.

Interests



Get the best of American Hunter delivered to your inbox.