FOR THE RECORD
NRA Fights Back Against NYAG's Move to
Appoint an "Independent" Monitor
June 6, 2022 – The NRA today filed a motion to dismiss the New York Attorney General's (NYAG) claim that an "independent" compliance monitor should be appointed to oversee the administration of the NRA. In its filing, the NRA states that the unprecedented request would "burden the First Amendment rights of the NRA and its millions of members."
On March 2, 2022, a New York court struck down attempts by NYAG James to dissolve the NRA – delivering a big win for the NRA. As Business Insider reports, since that loss, the NYAG "has amended her complaint but added no new factual allegations," the NRA filing states.
"Rather, she asserts a new cause of action which seeks the intrusive, unnecessary and unprecedented appointment of an 'independent' compliance monitor to oversee the administration of the NRA, answerable to the NYAG's own office as well as the Court," the filing continues.
"There is no colorable practical need, and no legal basis, for the NYAG to contrive a de facto takeover of the NRA to replace her defunct dissolution claims," it says.
"Rather, the parties should proceed with discovery and trial on the NYAG's previously existing claims, and the new one should be dismissed."
NRA Alleges NYAG's Office "Coordinated and Conspired" with Everytown for Gun Safety
April 12, 2022 – The NRA today filed its amended response to the remaining claims in the New York Attorney General's (NYAG) Verified Amended and Supplemental Complaint against the Association. In its response, the NRA alleges that the NYAG's office "coordinated and conspired with Everytown for Gun Safety, an entity which was founded to serve as a 'counterweight' to the NRA."
The NYAG filed a dissolution lawsuit against the NRA in August 2020. On March 2, 2022, a New York court struck down attempts by NYAG James to dissolve the NRA – delivering a big win for the NRA. The NRA is now defending against the surviving claims in the lawsuit.
The filing notes that, in February 2019, prior to launching her investigation into the NRA, senior representatives of NYAG Letitia James' office met with representatives of Everytown for Gun Safety about the NRA.
The complaint states, "A representative of OAG testified under oath that the purpose of the meeting between the representatives of James’s office and Everytown was for Everytown to advise the NYAG of a complaint about the NRA's 2017 IRS Form 990 filing."
However, the NRA states that "[be]cause Everytown was founded and exists solely to further Michael Bloomberg’s anti-gun agenda, Everytown is not a credible source of information about the NRA."
Two months after the meeting, NYAG James authorized an investigation of the NRA. The filing states, "James commenced a sweeping, costly, invasive, and concertedly publicized investigation of the NRA concerning types of purported misconduct that have never incited the same hostility for similarly situated, comparator charities."
After the NRA sought records related to the meeting between the NYAG's office and Everytown, both entities moved for a protective order, claiming in part that discovery was stayed and that compliance with the request for documents would be unduly burdensome for Everytown, the filing states.
The NRA further notes that "a representative of the NYAG in sum and substance refused to deny at a deposition that if the NYAG succeeded on her now-dismissed claims to dissolve the NRA, she planned to distribute some or all of the NRA’s assets to Everytown."
NRA Files Answer to NYAG
Complaint and Counterclaims
March 23, 2022 – The NRA today filed its verified answer to the New York Attorney General’s (NYAG) amended and supplemental complaint and counterclaims. The filing responds to the dissolution lawsuit filed by NYAG Letitia James, originally filed on August 6, 2020, and asserts several counterclaims against the NYAG for Violation of the NRA’s First and Fourteenth Amendment rights and Selective Enforcement of N.Y. Not-for-Profit Corporation law, among other claims.
According to the filing, “As a candidate for the New York State Office of the Attorney General, James promised [in 2018] that, if elected, she would ‘take down the NRA’ by wielding the enforcement powers she hoped to possess if she were elected as NYAG.” The filing explains that, upon being elected, James commenced her investigation into the NRA and later filed a lawsuit that seeks to shut it down. Her actions have drawn criticism from many legal experts and constitutional scholars, including the ACLU.
The filing states, “James’s threatened, and actual, regulatory and civil reprisals are a blatant and malicious retaliation campaign against the NRA and its constituents based on her disagreement with the content of their speech. Such conduct violates clearly established statutory and constitutional rights of which a reasonable person would have known.”
NRA Prevails Over NYAG:
Court Rules Association Cannot be Dissolved
March 2, 2022 – The NRA scored a major legal victory today, as a New York court struck down attempts by the New York Attorney General to dissolve the 150-year-old organization. Following a two-hour hearing on December 10, 2021, the Hon. Joel M. Cohen of the New York State Supreme Court issued an opinion today that vindicates the NRA’s position: the NYAG’s effort to shut down the Association ran afoul of common sense, New York law, and the First Amendment.
“This is a resounding win for the NRA, its 5 million members, and all who believe in this organization,” says NRA President Charles Cotton. “The message is loud and clear: the NRA is strong and secure in its mission to protect constitutional freedom.”
Law360 Reports on NRA Motion to Disqualify Dorsey & Whitney
February 23, 2022 – Law360 reports that the NRA filed a motion requesting that Dorsey & Whitney LLP, the law firm representing the NRA's former ad agency, Ackerman McQueen, be disqualified because of the firm's connection to a "side-switching" lawyer who previously worked for the NRA.
According to the report, "The NRA claimed in a motion Monday that a privilege log recently revealed that Dorsey & Whitney LLP worked briefly with Virginia lawyer Mark Dycio, who had advised the association on matters relevant to the case."