Gun rights groups urge Supreme Court to dismiss firearm advertising lawsuit

The National Rifle Association (NRA) and the Second Amendment Foundation (SAF) have filed a brief with the Supreme Court requesting the dismissal of a lawsuit against firearms manufacturers. The case, Daniel Defense v. Lowy, stems from an April 2022 shooting in Washington, D.C., where a shooter fired over 200 rounds from an apartment toward a school, wounding four people.

The plaintiffs, including Karen Lowy, allege that the gunmakers’ advertisements—specifically those depicting a ‘warrior mentality’—deceptively marketed firearms to appeal to the impulsive tendencies of young males, thereby inspiring the shooter.

Gun rights organizations argue that the lawsuit incorrectly links firearms advertising to specific criminal acts. They contend that military themes are a long-standing and appropriate component of civilian firearms commerce. While a federal district judge originally dismissed the suit, the U.S. Court of Appeals for the Fourth Circuit revived it. The manufacturers have appealed to the Supreme Court to resolve a circuit split regarding whether a plaintiff must prove a defendant's conduct had a determinative or coercive effect on a third party to establish liability.