FOR THE RECORD
NRA Filing Argues NYAG Cannot Dissolve It
July 20, 2021 – In an amended verified answer and counterclaims filed in New York Supreme Court, the NRA argued that the dismissal of its bankruptcy case and judge’s findings demonstrated that New York Attorney General Letitia James cannot shut down the organization. The filing cited U.S. Bankruptcy Judge Harlin D. Hale’s decision finding that the “NRA now understands the importance of compliance” and had undertaken a “course correction.”
“Simply put, Judge Hale’s findings of fact preclude, as a matter of law, any contention that the NRA is conducted in a persistently fraudulent or illegal manner, such as to harm or menace the public welfare, that would be required to support dissolution,” the NRA’s filing stated.
Furthermore, the filing stated that the lawsuit brought by the NYAG has been condemned as overtly unconstitutional by 16 states, multiple scholars, and the ACLU. “Politically motivated and born of the NYAG’s threats even before she assumed office, this proceeding is counterproductive to any legitimate charitable-supervisory effort. Most importantly, for all who love our democratic institutions, it will fail,” the filing added.
The filing also stated, “James knew, or should have known, during her investigation and before commencing this Action that the NRA had undergone this extensive course correction, yet she nevertheless continued the investigation and commenced this Action to dissolve the Association. Because compliance and good governance were never her priority; rather, political retaliation was her goal.” The filing added that James’ actions amount to a “retaliation campaign against the NRA and its constituents based on her disagreement with the content of their speech.”