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

Duck On Water
Duck On Water

Duck Hunting Haven: Conservation in Colonsay

Delta Waterfowl’s mission is on full display during a hunt for ducks, geese and cranes in Colonsay, Saskatchewan.

Hunter Missing 20 Days Found Alive

Sixty-five-year-old Ron Dailey, of Selma, Calif., was found alive on Nov. 1 after spending 20 days and nights stranded alone and cold in the Sierra National Forest. What began as a one-day deer hunting trip that began on Oct. 13 turned into a life-and-death situation after a series of mishaps while driving to his destination.

Elk Can't See in the Dark (and Other Elk Hunting Tips and Tricks)

Any DIY elk hunter must learn to sort fact from fiction. Read on for tips straight from the field.

Nosler Introduces New Ammunition and Component Bullets for 2026

Nosler has released l its new lineup of ammunition and component bullet offerings for 2026. Building on its proven legacy of precision engineering and innovation, Nosler’s latest offerings give hunters, shooters, and reloaders more options before taking to the field.

#SundayGunday: Spartan Precision Javelin Lite & Lite TL

On this week's #SundayGunday, we’re checking out some exciting new introductions from Spartan Precision Equipment. Spartan Precision has revolutionized lightweight stability in the field with its MagnaSwitch attachment system. The company's latest two offerings—both bipods utilizing the aforementioned system—will appeal to hunters looking for the absolute lightest weight accessories: the Javelin Lite, and Javelin Lite TL. Learn more about it in this exclusive video.

Jail Sentence Follow False Residence Claims

On Sept. 24 the Wyoming Game and Fish Department wrapped up a multi-year investigation when Rodney Gilstrap of Idaho Falls, Idaho, was sentenced on multiple wildlife-related violations.

Interests



Get the best of American Hunter delivered to your inbox.