Sportsmen’s Alliance Foundation, alongside Safari Club International, has filed a friend-of-the-court brief in the U.S. Court of Appeals for the Fourth Circuit. This action, taken on January 14, supports the First Amendment rights of the firearms industry.
The case in question is Lowy v. Daniel Defense, LLC. It represents an ongoing effort by various groups to hold firearms manufacturers accountable for criminal acts committed with their products. The Sportsmen’s Alliance stated that these efforts have persisted despite the Protection of Lawful Commerce in Arms Act (PLCAA) passed in 2005, which generally protects manufacturers and dealers from such liabilities.
Recent years have seen a resurgence of attempts to bypass the PLCAA by arguing that advertisements from the firearms industry incite criminal behavior. Michael Jean from Sportsmen’s Alliance Foundation commented on this strategy: “This advertising theory has become their new favorite tool,” he said. He emphasized its legal issues due to First Amendment protections over lawful advertisements.
The foundation recently achieved a preliminary injunction against a California law targeting firearm ads potentially appealing to minors. Jean highlighted another issue with blaming advertisements: “We don’t hold car manufacturers that promote a vehicle’s performance liable for accidents because it’s commonsense that the driver is responsible for obeying the laws and driving safely.”
The lawsuit addresses social media posts from firearms companies showcasing products and hobbies like recreational shooting and hunting. These are argued by plaintiffs as encouraging illegal activities, though they merely depict legal pursuits.
Dr. Todd Adkins of Sportsmen’s Alliance stressed the importance of supporting firearm producers: “It’s critical that we fight for firearm producers, manufacturers and dealers… We have to stand and fight.”
