NRA Files Amicus Brief Supporting Gun Manufacturers

NRA throws its support behind the defendant in Lowy v. Daniel Defense.

by
posted on January 15, 2025
Nra Logo Periwinkle

NRA filed an amicus brief (warning, opens a .pdf file) 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 crime. 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

Smith Wesson Metal Compact Lede 2025
Smith Wesson Metal Compact Lede 2025

New Guns 2025: Smith & Wesson M&P9 2.0 METAL Compact Pistol

It's everything we love about the M&P9 2.0 METAL, with a shorter barrel for easier carry.

Reviewed: NEBO IllumaTrace Blood Tracker

If you hunt long enough, eventually, you will have to track. Enter NEBO IllumaTrace, because you need every advantage.

Announcing the Friends of NRA Valentine's Day Giveaway

Enter to win a beautiful necklace and bracelet set from Montana Silversmiths with just a few clicks!

New Gear 2025: Remington Nitro Steel Duplex

Now, hunters don't have to swap out shells for different hunting scenarios ... we can just take the shot.

New Guns 2025: Smith & Wesson CSX E-Series Pistols

The pistol powerhouse of S&W has unleashed a new series of CCW-perfected micro-compact handguns.

Throwback Thursday: Karl Maslowski, Pioneer Wildlife Filmmaker

“The things I’d learned about hunting animals with a gun stood me in good stead as I began hunting them with a camera."

Interests



Get the best of NRA Family delivered to your inbox.