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

Ledemore Than A Billion
Ledemore Than A Billion

More than $1.2 Billion on the Way to Support Conservation and Access

 On Feb. 13 the U.S. Fish and Wildlife Service (USFWS) announced more than $1.2 billion in Wildlife and Sport Fish Restoration apportionments to support states, commonwealths and territories in their efforts to fund conservation and outdoor opportunities.

A Question of Quarterbores

With the release of the .25 Weatherby RPM, it's worth taking a step back and looking at some of the best quarterbores that graced chambers and fields throughout history. How will this new release measure up to its forefathers?

New for 2026: Avian-X Shotgun Cases

Building off of decades of innovation in the waterfowl-hunting industry, Avian-X is entering the soft-goods space in 2026 with a purpose-built lineup of waterproof and floating shotgun cases and neoprene gun sleeves designed to deliver in harsh hunting conditions.

Story of a Lever Gun—The Red Plaid Project Part 2

Andi Bogard continues her quest to build, test and hunt with a classic lever gun in a classic way. Check out the second installment of the project here.

Coyote Gear Roundup

Looking for gear to up your Coyote game? We've curated a great list of the latest and greatest.

New for 2026: Stoeger M3000 Sporting

For 2026, Stoeger has added a new model to its M3000 semi-auto shotgun lineup with the M3000 Sporting.

Interests



Get the best of American Hunter delivered to your inbox.