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

AR 10 Lower Beauty 3
AR 10 Lower Beauty 3

Lightweight AR-10: Building a Hunt-Focused Backcountry Rifle (Part 1)

Curious how to create a .308-chambered AR-10 that *doesn't* suck to carry into the backcountry? Dennis Bradley does just that, off a DPMS-pattern lower, and comes it at a shocking weight (read on for the exact number, but it is sub 2). Read on, to see how he does it.

ScentLok Launches Realtree XT-3 Apparel

ScentLok is going all-in on Realtree's new XT-3 pattern, dropping it onto more than half of its latest product introductions. This new look is headlined by the Savanna Fuse, Ridge and BE:1 collections.

New for 2026: Latitude Outdoors Whitetail Frame Packs

Mobile whitetail hunters have long faced a familiar compromise: carry a lightweight pack for the hunt, or haul a frame pack for the pack out. Latitude Outdoors has released a pack to solve that problem, with a frame system built from the ground up for the mobile whitetail hunter.

The Problem with Pressures: A +Peak Revolution?

The history of the projectile, and of the centerfire cartridge, is fascinating, and it seems as though we are ready to take the next step forward. Or are we? Let's take a look at how pressures have affected cartridges throughout history, and the evolution that seems to be currently starting.

More than $1.3 Billion Raised by Duck Stamp Sales

On June 26 the 2026-2027 Federal Migratory Bird Hunting and Conservation Stamp, aka Duck Stamp, went on sale. The fact it raises about $40 million for conservation annually gets the headlines, but there are underpublicized benefits for making the $25 purchase—even non-hunters.

Hardware Review: Henry H23 SPD PREDATOR

Check out Frank Melloni's review of the Henry H23 SPD PREDATOR.

Interests



Get the best of American Hunter delivered to your inbox.