Second Amendment groups urge Supreme Court to reject firearms advertising liability

The Second Amendment Foundation (SAF) and the National Rifle Association (NRA) have filed an amicus brief with the U.S. Supreme Court in the case of Daniel Defense v. Lowy. The brief urges the Court to review a Fourth Circuit decision that allowed a lawsuit against firearm manufacturers to proceed.

The lawsuit, filed by Karen Lowy following a 2022 shooting at the Edmund Burke School in Washington, D.C., seeks to hold Daniel Defense and 35 other companies liable for a third party's criminal actions. The plaintiffs argue that advertisements using military and law-enforcement themes promoted a “warrior mentality” that influenced the suspect.

The Fourth Circuit Court of Appeals previously ruled that allegations of being “exposed to and influenced by” such advertisements satisfy Article III standing. However, the SAF argues that such themes have been a standard part of civilian arms commerce since the Founding and that holding manufacturers liable for the criminal choices of others based on marketing imagery would create unprecedented legal liability for the industry.