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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Are gun manufacturers allowed to advertise assault weapons?

By Lisa Freedland
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YES

There is no law that prohibits gun manufacturers from advertising assault weapons for lawful uses.

In fact, a 2005 law established that gun manufacturers are not liable when their weapons are used to commit a crime. 

However, recent lawsuits argue that the law doesn't cover advertising that is deceptive or encourages illegal behavior. In February, Sandy Hook school-shooting victims settled a lawsuit for $73 million against Remington, which, according to litigants, portrayed its AR-15-style Bushmaster rifle as a weapon of war, invoked combat violence with its video-game product placement, and appealed to troubled young men with slogans like, "Consider your man card reissued." 

A pending lawsuit in New Jersey would require Smith & Wesson to turn over documents related to alleged deceptive advertising that guns make a home safer, as well as advertising that allegedly encourages illegal behavior by promoting concealed carry without mentioning permitting requirements.

A recently introduced bill in California would allow lawsuits against gun manufacturers who market their weapons for illegal uses or to children and those legally prohibited from possessing firearms.

This fact brief is responsive to conversations such as this one.
Sources
US Congress S.397 - Protection of Lawful Commerce in Arms Act109th Congress (2005-2006)
New York Times Sandy Hook Families Settle With Gunmaker for $73 Million Over Massacre
The Trace Smith & Wesson Gets Second Chance to Avoid Release of Internal Documents
CalMatters Bill would allow lawsuits for marketing guns to kids
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Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.