James moves to dismiss NRA counterclaims

Around New York State

ALBANY, N.Y. (NEWS10) — New York Attorney General Letitia James is trying to get counterclaims dismissed in her lawsuit to dissolve the National Rifle Association (NRA). On Thursday evening, the Office of the Attorney General (OAG) filed a motion to dismiss based on several arguments they deem faulty.

James released a statement following her filing of the motion:

“The NRA is fraught with fraud and abuse, which is why we filed our lawsuit to remove senior leadership and dissolve the organization. For nearly a year now, the NRA has utilized one tactic after another to delay accountability, but each time the courts have rejected their maneuvers. We are now moving to dismiss the NRA’s counterclaims. Our fight for transparency and accountability will continue undeterred because no one is above the law.”

The OAG argues that James has immunity and cannot be personally sued in her capacity as the Attorney General for deciding to sue the NRA. The motion to dismiss also argues that the NRA:

  • Does not state plausible constitutional claims in its allegations of political bias
  • Lacks standing to assert a claim on behalf of the associational rights of its members
  • Fails to state a claim in its challenge to not for profit corporation law
  • Fails in its direct claims under the New York State Constitution

The initial lawsuit filed by James in 2020 seeks to dissolve the NRA due to mismanagement of funds and violating internal policies, state law, and federal regulations. The gun organization not only filed countersuit, but also filed for chapter 11 bankruptcy.

As characterized by the OAG, NRA executive vice president Wayne LaPierre and other senior leaders admitted at trial that the bankruptcy was meant to avoid New York’s enforcement action. A federal bankruptcy court rejected the claims of bankruptcy, saying in part, “The NRA did not file the bankruptcy petition in good faith because this filing was not for a purpose intended or sanctioned by the Bankruptcy Code.

Take a look at the motion to dismiss below: