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

LEDE Iowa Image
LEDE Iowa Image

100th Iowa Pheasant Season Opens Saturday—Big Numbers Expected

Phone calls poured in after the Iowa Department of Natural Resources (DNR) posted its annual pheasant survey on the Internet. Hunters from across the Midwest wanted to know the best place to hunt.

Beretta USA Manurhin MR73 Revolvers Back on the Market

After a long stretch of backorders driven by global demand, Beretta USA has announced the return to availability of the Manurhin .357 Magnum revolvers.

Hardware Review: Federal 7mm Backcountry

Check out Phil Massaro's in-depth breakdown of this exciting, high-speed 7mm.

New for 2025: Inland Manufacturing Suppressors

Inland Manufacturing, LLC, a veteran-owned leader in new historical firearms, has announced the launch of three suppressors designed for superior sound reduction, ease of maintenance and durability.

Range Review: Bergara BMR-X Carbon Fiber .17 HMR

This lightweight precision hunting rifle from Bergara is idea for harvesting small game and varmints, particularly when chambered in hard-hitting .17 HMR.

Benelli Invitational Surpasses $1 Million in Funds Raised

The Point at Pintail in Queenstown, Md., came alive on Sept 26 when shooters from across the country gathered for a day of competition, camaraderie and purpose at the 11th Annual Benelli USA Invitational.

Interests



Get the best of American Hunter delivered to your inbox.