Sportsmen’s Alliance Foundation Supports the Fundamental Rights of Firearms Industry to Post Firearms-Related Content

Yesterday, Jan. 14, Sportsmen’s Alliance Foundation, in partnership with Safari Club International, filed a friend of the court brief in the Fourth Circuit Court of Appeals, in support of the First Amendment rights of the firearms industry.

The case, Lowy v. Daniel Defense, LLC, is the latest episode in a long saga of groups and individuals attacking firearms manufacturers by seeking damages for the criminal misuse of their lawful products. Decades ago, anti-firearms groups got frustrated with legislatures that refused to adopt their agendas. They turned to the courts, hoping for better results. These cases died down in 2005, after Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), which largely forbids firearms manufacturers and dealers from being held liable for criminal misuse of their products.

But in recent years, anti-gun groups have resurrected this scheme and are pushing to circumvent the PLCAA. They argue that firearms industry advertisements are causing individuals to commit crimes.

“This advertising theory has become their new favorite tool,” said Michael Jean, Litigation Counsel at Sportsmen’s Alliance Foundation. “But it’s legally problematic because the First Amendment protects lawful and non-misleading advertisements.”

In fact, Sportsmen’s Alliance recently secured a preliminary injunction prohibiting the enforcement of a California law that outlawed firearms advertisements that “may be attractive to minors.”

“The other problem with the theory is that it stands on the slickest of slippery slopes,” Jean continued. “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 case involves social media posts – labeled as advertisements by the plaintiffs – from many firearm industry manufacturers that depict firearms, firearm accessories, recreational shooting and hunting. These companies have been sued under the premise that their posts have incited or encouraged unlawful conduct. However, the posts simply portray legal and widely pursued hobbies to customers, followers and those interested in participating.

“It’s critical that we fight for firearm producers, manufacturers and dealers, because without them, our hunting heritage is absolute toast,” said Dr. Todd Adkins, Senior Vice President of Sportsmen’s Alliance. “All the billions in Pittman-Robertson funding, all of our conservation successes, all the great Saturdays out hunting with family – that’s all gone. We have to stand and fight.”

The Sportsmen’s Alliance guarantees hunting, fishing and trapping for the American sportsman now and forever. We’re there when sportsmen need us most. We are the only organization specifically created to protect the individual hunter, angler and trapper – no matter the threat. We will never compromise when it comes to defending our way of life in the courts, in the legislatures, in the public square and at the ballot box. We make this promise to the American sportsman: we will never give up and never give in while proudly securing our future against those seeking to destroy our values, beliefs, and traditions. Stay connected to Sportsmen’s Alliance: Online, Facebook, Twitter and Instagram.