NY & DC AGs v. NRA
ABOUT THE CASE
NRA Successfully Resolves Longstanding Legal Battle with New York Attorney General
On December 11, 2024, the NRA announced the successful conclusion of a multi-year legal battle with New York Attorney General (NYAG) 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 in the summer of 2024.
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 court's final judgment comes after a 10-day bench trial in July 2024 and a 24-day jury trial in early 2024.
“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."
The court'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.”
NRA Scores Legal Victory in Dispute with DC Attorney General
On April 17, 2024, the NRA announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).
Filed by the DCAG on August 6, 2020, in obvious coordination with a lawsuit brought by the Attorney General in New York, the suit alleged that the NRA misused tens of millions of dollars of NRA Foundation funds. In response, the NRA challenged the claims as politically motivated and stated that it acted appropriately at all times. On April 16, 2024, the NRA and NRA Foundation entered into a consent order, whereby the DCAG dismisses all claims against the NRA. The order contains no adverse finding against the NRA and no allegations regarding the use of funds of the NRA Foundation. There are no fines or penalties whatsoever against the NRA.
Discovery proved that all funds received from the NRA Foundation were applied exclusively in furtherance of its charitable programs and that there was no misuse of Foundation monies.
“This is further proof of the NRA’s commitment to good governance,” says NRA President Charles Cotton. “The NRA confronted this political attack – and emerges from this lawsuit strong, secure, and vindicated. The NRA and NRA Foundation are fully committed to pursuing their world-class firearms education, training, and safety programs.”
The NRA Foundation supports a wide range of public programs focused on firearms safety and training, law enforcement education, hunter safety, and youth. Its Eddie Eagle GunSafe program has taught gun safety to more than 32 million children.
The NRA will continue to administer the NRA Foundation's programs. The order in no way limits the NRA Foundation’s ability to amend its articles, bylaws, or other organizational documents.
“This outcome is a resounding win for the NRA and for the NRA Foundation, too. Both remain positioned to meet their respective goals and mission,” says William A. Brewer III, counsel to the NRA. “The result should bring an abrupt end to allegations against NRA board leadership. The resolution also supports the NRA Foundation as it pursues the highest of ethical and organizational standards – so donors can give with confidence, as always.”
With respect to the genesis of the lawsuit, Brewer said: “As even the most casual observers agree, this was a politically-motivated action – filed in coordination with the NYAG. The NRA is committed to protecting itself from adverse actions by government officials using their power to attack the NRA for its Second Amendment advocacy.”
While the consent order resolves the DCAG’s claims against the NRA and NRA Foundation, it has no bearing on the NRA’s other legal matters, including its pursuit of government officials who combined to destroy the NRA.
The NRA participated in oral argument before the U.S. Supreme Court on March 18, 2024, in support of its lawsuit against a former New York state financial regulator. The case has earned the support of legal experts and constitutional scholars, including the ACLU.
“The NRA remains confident in its position and standing as America’s greatest defender of Second Amendment freedom,” Cotton says. “The momentum continues to build for the Association and its millions of members.”
Read the Consent Order.
