NRA V. CUOMO, VULLO
LEGAL FILINGS
NRA's Initial Complaint
May 11, 2018
On May 11, the NRA filed suit against the New York State Department of Financial Services (“DFS”), New York Governor Andrew Cuomo, and (now former) DFS Superintendent Maria T. Vullo alleging violations of the NRA’s First Amendment rights. Read the Complaint.
Amended Complaint
July 20, 2018
The NRA filed its Amended Complaint on July 20, 2018. The NRA’s amended filing raises concerns about the material impacts to the NRA as a result of the actions of Governor Cuomo and DFS.
State's Motion to Dismiss
August 3, 2018
The State filed its Motion to Dismiss on August 3, 2018. A hearing was subsequently held in Albany on September 10, 2018.
Judge's Opinion
November 6, 2018
On November 6, 2018, U.S. District Judge Thomas J. McAvoy issued his highly-anticipated decision, which upheld the NRA's First Amendment claims – the crux of its complaint against Gov. Cuomo and the New York State Department of Financial Services.
Judge's Opinion
August 8, 2019
On August 8, 2019, U.S. Magistrate Judge Christian F. Hummel issued a high-profile decision requiring defendants to provide documents for the court’s review – as the NRA pursues insights into a “blacklisting campaign” undertaken by the state of New York.
NRA's Motion for Leave to file Second Amended Complaint
December 20, 2019
On December 20, 2019, the NRA filed a Motion for Leave to file a Second Amended Complaint against Gov. Cuomo, DFS and Vullo. The NRA claims to have acquired compelling evidence from Lloyd’s America, Inc. (“LAI”) that Vullo and DFS “leveraged DFS’s considerable power… to inflict targeted harm on ‘gun programs’ – irrespective of whether those programs violated the law.”
Read the Motion for Leave.
Memorandum of Law in Support of Motion for Preliminary Injunction
February 28, 2019
On February 28, 2020, the NRA filed a Memorandum of Law in Support of its Motion for Preliminary Injunction. The NRA seeks to block the New York State Department of Financial Services (“DFS”) from conducting enforcement proceedings against the NRA.
Decision & Order
March 31, 2020
On March 31, 2020, the NRA received a favorable opinion in its appeal of a prior ruling that denied the Association access to key documents in its First Amendment lawsuit against New York Gov. Cuomo, Vullo and DFS.
Decision & Order
June 1, 2020
On June 1, 2020, the NRA received a favorable opinion from U.S. Magistrate Judge Christian F. Hummel, who granted the NRA’s request to replead its selective enforcement claim.
Decision & Order
March 15, 2021
On March 15, 2021, the Hon. Thomas J. McAvoy ruled that the crux of the NRA’s lawsuit – its First Amendment claims – will move forward. The remaining claims are: (1) the First Amendment claims against Gov. Cuomo in his individual capacity, (2) the First Amendment claims against Vullo in her individual capacity, and (3) the First Amendment claims for injunctive and declaratory relief against Vullo in her official capacity.
Opening Brief
January 9, 2024
On January 9, 2024, the NRA filed its opening brief with the U.S. Supreme Court, outlining the legal arguments in its First Amendment case, National Rifle Association of America v. Maria T. Vullo. The case, which is one of the most closely watched First Amendment lawsuits in the nation, was granted certiorari by the Supreme Court in November 2023. Read the Brief.
Respondent Brief
February 20, 2024
On February 20, 2024, respondent Maria T. Vullo submitted a brief to the U.S. Supreme Court. In the brief, Vullo argues, "The NRA's position would force the judiciary into the middle of a wellspring of new First Amendment litigation, leading to the inevitable perception that outcomes differ not based on the relative plausibility of a coercion claim but on courts' own views of the speech at issue." Read the Brief.
SCOTUS Opinion
May 30, 2024
In a stinging rebuke of New York’s “blacklisting campaign” against the NRA, on May 30, the Supreme Court unanimously ruled for the NRA in its case against former New York State Department of Financial Services Superintendent Maria T. Vullo. The decision remands the NRA’s case to the lower court – reviving the NRA’s claims that Vullo, at the behest of former New York Governor Andrew Cuomo, violated the NRA’s First Amendment rights when she urged banks and insurers to cut ties with the NRA in 2018. Read the Opinion.
Request to Lift Discovery Stay
June 14, 2024
On June 14, the Association filed a request with the Court to move forward with its claims against former New York Governor Andrew Cuomo. The NRA believes that discovery—especially contemporaneous documents and statements—will establish that Cuomo conspired with other high-ranking New York Democrats with the specific intent of destroying the NRA to impair its pro-Second Amendment advocacy. Read the Filing.
Opposition to Lifting the Stay on Discovery
June 20, 2024
On June 20, Gov. Cuomo filed a letter with the court opposing lifting the stay on discovery. Read the Letter.
NRA Supplemental Letter Brief
July 29, 2024
On July 29, the NRA submitted a supplemental letter brief addressing the impact of the U.S. Supreme Court’s decision in National Rifle Association v. Vullo on the Court’s qualified immunity holding. Read the Letter.
NRA Letter in Further Support of Lifting the Stay
June 20, 2024
On June 20, the NRA responded to Gov. Cuomo's letter filed the same day, noting that his “public statements [regarding the NRA] make clear that he meant to abuse his government power…” The NRA writes, “…in this age of rampant censorship and abuse of government power, the ‘real risk’ is that government officials will seek to shut down speech they dislike with impunity…”. Read the Letter.
Vullo Supplemental Letter Brief
July 29, 2024
On July 29, attorneys for Vullo submitted a supplemental letter brief addressing the impact of the U.S. Supreme Court’s decision in National Rifle Association v. Vullo on the Court’s qualified immunity holding. Read the Letter.