Misleading reports exist about several legal matters involving the NRA. This website presents key documents and facts — to set the record straight and allow the public to judge for itself.
Legal Facts
IN THE NEWS
NRA Successfully Resolves Longstanding Legal Battle with New York Attorney General
December 11, 2024 – The National Rifle Association of America (NRA) today announced the successful conclusion of a multi-year legal battle with New York Attorney General Letitia James. In August 2020, James sued to dissolve the Association and seize its assets following a campaign-trail promise to target the Association, its banks, and its donors. After the NRA defeated the NYAG’s “corporate death penalty” claim, James sought a court-appointed monitor to oversee the gun group. The court rejected that request this summer.
In the end, Justice Joel Cohen denied all invasive relief sought by the government. Instead, the court’s order is tailored to compliance and governance measures in the NRA’s interest—many proposed by the NRA itself, and several of which were already underway at the Association. The NRA pays no fines or penalties under today’s judgment. Instead, the judgment entitles the NRA to collect millions of dollars from former executives found to have breached their duties.
“The NYAG sought to shut us down, and then appoint outsiders to oversee management of this historic organization,” said NRA President Bob Barr. “Fortunately for freedom lovers everywhere, this politically motivated attempt failed. This was the ultimate stand at our moment of truth – defeating an unprecedented attack from the highest levels of New York government. The NRA remains strong, safe, and independent – continuing to protect freedoms.”
Today’s judgment caps a six-year saga during which the NRA withstood not only the NYAG’s lawsuit, but a barrage of other blue-state regulatory actions, sweeping congressional inquiries, and a debanking effort by New York officials that became the subject of a blockbuster Supreme Court decision in June. In that case, NRA v. Vullo, all nine justices backed the Association’s First Amendment claims, and the ACLU stood shoulder to shoulder with the NRA against New York.
“The last six years have been difficult for NRA members, staff, and supporters,” said NRA CEO and Executive Vice President Doug Hamlin. “With Judge Cohen’s ruling, we can now put this challenging chapter in NRA history behind us and focus solely on the business of the members and all law-abiding gun owners. The NRA is committed to transparency, compliance, and good governance going forward. Today’s outcome ensures that NRA members can support the Association, America’s oldest civil rights organization, with confidence.”
Read the Judgment here.
Final Trial Proceeding Occurs in NYAG Matter, Court Decision Expected Soon
November 4, 2024 – The National Rifle Association of America (NRA) participated on October 31, 2024, in the expected final court hearing of a multi-year legal battle with New York Attorney General Letitia James. That battle began in 2020 when the Attorney General tried to dissolve the NRA and redistribute its assets — a move that morphed into a request for a “compliance monitor,” which also failed earlier this year.
After rejecting that relief sought by the state on July 29, New York State Supreme Court Justice Joel M. Cohen convened the hearing in Manhattan to consider what other "specific, targeted changes" to NRA governance to include, if any, in a final order dealing with all parties.
During the hearing, Justice Cohen voiced skepticism about some proposals by the NYAG, noting that time had long passed for the NYAG to amend her complaint. He also expressed interest in prioritizing the governance preferences of NRA constituents, particularly NRA members.
Following an estimated two-hour hearing, Justice Cohen indicated he would issue a final order in the case soon. The NRA remains free to pursue its mission without any outside oversight, fines, or penalties. All of this occurs as the organization moves into the closing days of the election season vibrant and engaged on all fronts.
“The NRA continues to demonstrate its commitment to good governance and remains strong, safe, and independent – continuing to protect freedom,” says NRA President Bob Barr, who attended the court proceedings. The NRA’s Chief Compliance Officer, Bob Mensinger, also attended the proceedings, along with other board members who observed remotely.
The October 31 hearing follows the NRA’s submission to the Court of a final governance package on October 4, 2024, and legal filings in support of the measures on October 16, 2024. In September, the NRA Board of Directors endorsed a package of proposals responsive to guidance issued by the Court, after the Court denied the NYAG’s request for the appointment of a “monitor” to oversee the NRA in July 2024. At the hearing, Justice Cohen praised the careful process that the NRA and its Board followed in formulating its Final Judgment proposals, stating it was clear that they reflected a lot of work.
Following a 10-day bench trial in July and a 24-day jury trial earlier this year, NRA counsel William A. Brewer III said he is encouraged by the NRA’s record and the direction received by the Court.
“At this point, we believe the NRA will emerge from these proceedings safe and secure,” says Brewer partner and NRA counsel William A. Brewer III. “The NRA is free to chart its own course – to achieve winning outcomes and defend constitutional freedoms.”
NRA Board of Directors To Consider Proposed Consent-Judgment Provisions, Resolution of NYAG Matter
September 5, 2024 – The National Rifle Association of America (NRA) today announced it is pursuing a potential consent judgment that aims to conclude trial proceedings in New York Attorney General (NYAG) Letitia James’ lawsuit against the Association, as directed by Justice Joel Cohen on July 29, 2024, at the close of trial proceedings. This weekend, the NRA Board of Directors will consider a package of proposals responsive to guidance issued by the Court, after it denied the NYAG’s request for the appointment of a government “monitor” to oversee the NRA.
If adopted by the NRA Board and approved by the Court, this package will conclude a six-year saga that began in 2018, when James vowed hostility against the NRA – then commenced a "corruption" investigation upon taking office. The NYAG’s lawsuit, which culminated in two trials, began with a failed attempt to dissolve the NRA and seize its assets in 2020.
“The full Board of Directors are involved in this process – to reach a successful resolution to the benefit of our millions of members,” says NRA President Bob Barr. “This weekend’s vote presents an opportunity to move the Association forward, free of governmental oversight or any other penalties that would interfere with the Association’s ability to achieve its mission. This is a momentous opportunity.”
In the final analysis, the NRA will pay no fines, collect awards from individual defendants, and have the freedom to pursue its mission. An expected final award of millions of dollars against former Executive Vice President and CEO Wayne LaPierre will be payable to the NRA, as will proceeds from prior settlements with former NRA executives Josh Powell and Wilson Phillips.
Barr continues, “I’m optimistic the Board will approve this package – allowing the NRA to remain strong, secure and independent.”
Update: On October 4, 2024, the NRA and the NYAG submitted final packages of proposed relief measures to the Court. See the Legal Filings page for the complete packages.
On October 16, 2024, the NRA and NYAG each made a final written submission to Judge Cohen in support of their respective final judgment proposals. See the Legal Filings page for the complete packages, including submissions from other defendants in this matter.
NYAG Fails in Politically Motivated Attack to Dissolve the NRA and Install Monitor
NRA Eyes Additional Measures to Support Governance Reforms at Court’s Direction
July 29, 2024 – The National Rifle Association of America (NRA) today commented on the conclusion of trial proceedings in New York Attorney General (NYAG) Letitia James’ lawsuit against the Association – announcing it emerged from the proceedings without the appointment of a monitor and remains positioned for a bright future.
Four years ago, the NYAG filed a “dissolution lawsuit” against the NRA – a case that sought to shut down the Association and seize its assets. Today, New York State Supreme Court Justice Joel M. Cohen in Manhattan rejected the NYAG’s demands for a compliance monitor and instead recommended the NRA and NYAG confer to consent to further governance reforms. In accordance with the court’s direction, the NRA will suggest additional reforms in furtherance of its ongoing commitment to good governance.
The NYAG sought something vastly different: a “monitor” that would have been an invasive and crippling remedy with financial oversight, access to employees and records, and an open line of communication with the NYAG. That proposal was rejected by the court.
In the Final Analysis: A Safe & Secure NRA
In the final analysis, the NRA will pay no fines, collect awards from individual defendants, and have the freedom to pursue its mission. An expected final award of millions of dollars against former Executive Vice President and CEO Wayne LaPierre will be payable to the NRA, as will proceeds from prior settlements with former NRA executives Josh Powell and Wilson Phillips.
The court found no reason to remove NRA Secretary John Frazer from his position.
“We recognize the importance of the jury’s findings and will continue our commitment to good governance,” says NRA President Bob Barr, as he, “praised the Association’s millions of loyal members who never lost faith in the organization and its commitment to protecting freedom.”
“The NRA is moving forward full speed ahead,” says NRA EVP & CEO Doug Hamlin. “We have a mission to fulfill and elections to win up and down the ballot. This is a major step toward rebuilding the trust of the members, donors, industry, and our staff.”
A 10-day bench trial that concluded today followed a 24-day jury trial earlier this year, during which the NRA established the NYAG failed to prove self-dealing or bad faith by the NRA Board. The NRA challenged the NYAG’s narrative that any governance issues at the NRA are “persistent” or ongoing.
Importantly, reflected in today’s decision was recognition that the NRA established that it adopted new policies and accounting controls, displaced vendors and “insiders” who abused the Association, and accepted reparations for costs determined to be excess benefits. Most of these corrective measures – part of an internal investigation ignited by the NRA Board in 2018 – were underway before the NYAG even began her investigation.
Upon assuming office in 2019, Attorney General James launched an investigation and sought to put the NRA out of business. As part of her drive to destroy the NRA, on July 1, 2024, James requested a court-appointed delegate with sweeping powers over the Association.
The NRA’s defense focused on its compliance efforts and the organization’s commitment to good governance following whistleblower complaints that emerged in the summer of 2018. When the NRA Board was alerted to the allegations, it led an investigation and determined that certain individuals participated in transactions that ran afoul of NRA policies and procedures. Testimony confirmed the “tone at the top” of the NRA has indeed changed.
“Key facts and a chorus of voices established that the relief sought by the NYAG was unwarranted,” says NRA counsel William A. Brewer III. “The NRA organized its defense around an important reality: there was no evidence the NRA Board of Directors condoned the violations in question; instead, the board acted when it became aware of deviations from its own controls. That said, the Association takes seriously its commitment to stay in strict compliance with all controls.”
Read the Court’s Interim Decision After Non-Jury Trial here.
Courthouse News: NRA Expert Accuses State of Political Prosecution at NY Bench Trial
July 25, 2024 – Courthouse News reports that a non-profit governance expert for the National Rifle Association of America (NRA) "lambasted the New York attorney general on Thursday [July 25, 2024] for requesting a court-appointed monitor to supervise the group’s ongoing compliance efforts."
“A monitor in this situation is crazy, unprecedented,” expert Daniel Kurtz testified Thursday during phase two trial proceedings in NYAG v. NRA. “I’ve never seen anything like this happen.”
Currently a partner at Fox Rothschild LLP, Kurtz previously served as Assistant Attorney General-in-Charge of the Charities Bureau in the New York State Attorney General's office.
According to the Courthouse News reporting, during his testimony, Kurtz "accused the state of targeting the NRA for political reasons and asking for unreasonable relief."
“I see New York State both persecuting and prosecuting the NRA,” Kurtz said of this case, acknowledging the NRA is “politically unpopular” in New York.
Per documents filed in the case, the NYAG's office is requesting that the judge overseeing the bench trial appoint a monitor to oversee the NRA for a period of three years. Kurtz argued that such an appointment would result in both employees and members leaving the NRA in droves.
Kurtz testified, “There’s never been a situation, to my knowledge, in which a monitor has been appointed to reform the ‘nonprofit governance’ of an organization” – equating New York’s pursuit of the NRA to McCarthyism and the Second Red Scare of the 1940s and 1950s.
As the report states, the NRA argued in court his week that the organization is on the right track, noting that it has recently hired a chief compliance officer and established new internal protocols.
Read the report here.