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 Seven Year Old
LEDE Seven Year Old

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.

Recipe: Saucy Venison Steak Bake

Venison is a staple for many hunters, offering a lean, flavorful meat that speaks to time spent in the woods and the satisfaction of providing your own food. This Saucy Venison Steak Bake is a hearty, home-style dish perfect for showcasing that wild game flavor.

First Look: SC-14 Gun Cleaner

SC Products Group developed the SC-14 Gun Cleaner to be a go-to cleaner for hunters and shooting enthusiasts who value  product that is Made in the USA (specially, Dallas, Texas) and is totally non-toxic.

Five Facts I Wish All Anti-Hunters Knew

There’s undeniable proof that regulated hunting benefits wildlife, people, and habitat. Would these truths change the opinions of anti-hunters?

Federal Ammunition Supports the Poach and Pay Project

Federal Ammunition is continuing its support of the 134-year-old Boone and Crockett Club (B&C) through a Trailblazer in Conservation sponsorship.

Hunting Pheasants Without a Dog

Want to hunt pheasants or upland game, but don't have a dog to accompany you? Read on for how to get it done even without man's best friend.

Interests



Get the best of American Hunter delivered to your inbox.