NY & DC AGs v. NRA
TIMELINE
July 12, 2018
Letitia James, candidate for New York Attorney General, announces she will investigate NRA's not-for-profit status if elected. Read the Report.
July 12, 2018
In a press release regarding her gun platform, James refers to the NRA as an "organ of deadly propaganda masquerading as a charity for public good." Read the Release.
October 31, 2018
In an Ebony article, James refers to the NRA as a "terrorist organization." Read the Report.
April 27, 2019
Months after taking office, Attorney General James announces a sweeping investigation into the NRA. NRA states it will cooperate. Read the Report.
October 1, 2019
James' office sues Ackerman seeking to enforce a subpoena. NRA contends it has a right to redact privileged documents before they are turned over to AG. Read the Report.
November 14, 2019
NYU Law School Professor Arthur R. Miller submits an affidavit in support of the NRA. Read the Affidavit.
November 1, 2019
In a hearing in Manhattan, the NRA argues that its relationship with Ackerman allows the NRA to assert attorney-client privilege. Read the Report.
February 24, 2020
A judge rules Ackerman has no contractual obligation to allow the NRA to conduct a privilege review prior to document production.
May 15, 2020
NRA files a motion seeking to reargue a court ruling that limits its ability to protect its confidential and privileged information. Read the Motion.
August 6, 2020
The New York Attorney General files a lawsuit seeking to dissolve the NRA. Read the Lawsuit.
August 6, 2020
The NRA files its own suit against Attorney General James – confronting her partisan investigation. Read the NRA Filing.
August 6, 2020
The Washington D.C. Attorney General files a complaint against the NRA and NRA Foundation. Read the Complaint.
September 22, 2020
The NRA files a Motion to Dismiss to the DCAG's complaint against the NRA and NRA Foundation. Read the Complaint.
October 9, 2020
The NRA files an amended complaint against Attorney General James in the United States District Court for the Northern District of New York. Read the Complaint.
November 20, 2020
Attorney General James files a motion to dismiss the NRA's lawsuit. Read the Brief.
December 21, 2020
The NRA files a memorandum of law in opposition to the NYAG’s motion to dismiss its lawsuit. A coalition of 16 Attorneys General file an amicus brief supporting the NRA's case. Read the NRA's Brief.
December 21, 2020
The Superior Court of the District of Columbia, Civil Division, issues a ruling that dismisses two claims asserted against the NRA by the DC Attorney General. Read the Order.
February 23, 2021
The NRA files its Answer and Counterclaims in the Supreme Court of the State of New York, County of New York. According to the filing, NYAG “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." Read the Filing.
June 4, 2021
The NRA voluntarily withdraws its action against NYAG James that had been pending in federal court in Albany, New York, in favor of pursuing the same claims against James in New York State court in Manhattan. Read the Notice.
July 20, 2021
The NRA files its Amended Answer and Counterclaims in the Supreme Court of the State of New York, County of New York. Read the Filing.
August 16, 2021
The NYAG files an Amended Complaint against the NRA. Read the Filing.
September 15, 2021
The NRA files a Motion to Dismiss the NYAG's Amended Complaint. Read the Motion.
October 15, 2021
The NYAG files a Memorandum of Law in Opposition to the NRA’s Motion to Dismiss. Read the filing.
October 18, 2021
NRA Files Brief in Opposition to Motion to Intervene by Former Board Member. Read the Motion.
March 2, 2022
The Hon. Joel M. Cohen of the New York State Supreme Court issues an opinion striking down attempts by the NYAG to dissolve the NRA. Read the Opinion.
March 23, 2022
The NRA files its Verified Answer to the NYAG's Amended and Supplemental Complaint and Counterclaims. The filing responds to the dissolution lawsuit filed by NYAG Letitia James 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. Read the Filing.
April 12, 2022
The NRA files its First Amended Response to the remaining claims in the 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." Read the filing.
June 6, 2022
The NRA files a Motion to Dismiss the First Cause of Action in the NYAG's Second Amended Verified Complaint, which asks the court to dismiss the NYAG's new claim that an "independent" compliance monitor oversee the NRA's administration. The filing states, "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."
June 10, 2022
A New York court dismisses the NRA’s counterclaims against New York Attorney General Letitia James. In the opinion, the Hon. Joel M. Cohen recognizes that the scope of the NRA’s counterclaims was narrowed as a result of his March 2022 dismissal of the NYAG’s dissolution claims. Read the Order.
March 13, 2023
The NRA appeals the New York Supreme Court's June 10, 2022, decision dismissing its First Amendment and Equal Protection claims under the U.S. and New York constitutions. Read the Filing.
July 3, 2023
The NRA appeals the lower court's decision denying the NRA's Motion to Dismiss the First Cause of Action of the Second Verified Complaint. The NRA argues that the NYAG's requests for a compliance monitor and governance expert must be dismissed as a matter of law. Read the Filing.
August 18, 2023
The NRA files a reply brief with the Appellate Division, First Department, in support of its counterclaims against the NYAG. In response to a decision, dated June10, 2022, dismissing the NRA’s counterclaims, the NRA argues that the court’s prior dismissal of the “dissolution claim” does not “cure the taint of the NYAG’s illicit motive in investigating the NRA…” Read the Filing.
February 23, 2024
A jury verdict is rendered in phase one of the trial proceedings in NYAG v. NRA. The verdict confirms what the NRA contended all along – that it was victimized by certain former vendors and “insiders” who abused the trust placed in them by the Association. The jury found no cause to remove NRA General Counsel and Secretary John Frazer, the remaining NRA employee who is an individual defendant in the action.
January 8, 2024
Trial proceedings begin in the lawsuit by the NYAG against the NRA; EVP Wayne LaPierre; General Counsel and Secretary John Frazer; former CFO Wilson Phillips; and former Chief of Staff Joshua Powell.
“The NRA is prepared to defend the record of the board as it navigated through a changing regulatory landscape. It embraced the opportunity to instill total compliance with the NRA’s governance standards,” says NRA counsel William A. Brewer III. “In the last five years, the NRA Board of Directors has recommended the termination of ‘insiders’ and vendors who it believes abused the Association, and accepted reimbursement, with interest, for alleged excess benefit transactions from Mr. LaPierre, as reported in public tax filings. The NRA goes into trial positioned for success.”
April 17, 2024
The NRA announces a legal victory in its dispute with the Offiice of the Attorney General of the District of Columbia. 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.
July 1, 2024
The NRA and the NYAG file their remedial-phase trial briefs in advance of the phase two trial proceedings scheduled to begin July 15, 2024, in New York.
July 29, 2024
On the final day of phase two trial proceedings, Justice Cohen rejects the NYAG’s demands for a compliance monitor and instead recommends 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.
“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.
Read more from The New York Times.
December 11, 2024
Justice Cohen issues his final judgment, concluding a multi-year legal battle with New York Attorney General Letitia James.
In the end, Justice 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.
Read the judgment here.