NY & DC AGs v. NRA
LEGAL FILINGS
NRA's Memorandum
of Law
October 23, 2019
On October 23, 2019, the NRA files a Memorandum of Law in opposition to the New York Attorney General's special proceeding and application to compel Ackerman McQueen to comply with an investigatory subpoena. Read the Filing.
Expert Affirmation of Arthur R. Miller
November 14, 2019
On November 14, 2019, the NRA requests leave to submit the affirmation of expert witness NYU Law School Professor Arthur R. Miller. Read the Expert Report.
NRA's Memorandum
of Law
May 15, 2020
On May 15, 2020, the NRA filed a motion in the Supreme Court of the State of New York, County of New York, that argues that the court failed to appreciate the confidential and attorney-client privileged nature of material being sought by the NYAG. The NRA seeks to reargue the court ruling. Read the Filing.
Expert Affirmation of Arthur R. Miller
May 15, 2020
As part of its May 15, 2020, filing, the NRA submits an affirmation by expert witness NYU Law School Professor and famed legal scholar Arthur R. Miller. Read the Affidavit.
NYAG v. NRA
August 6, 2020
On August 6, 2020, New York Attorney General Letitia James filed a lawsuit in the Supreme Court of the State of New York seeking to dissolve the NRA, the largest and most influential pro-gun organization in the nation. Read the Filing.
DCAG v. NRA & NRA Foundation
August 6, 2020
On August 6, 2020, the Washington D.C. Attorney General ("DCAG") filed a complaint against the NRA and NRA Foundation in D.C. Superior Court. The DCAG asked the Court, in part, to impose a "constructive trust over the Foundation’s funds improperly diverted to the NRA." Read the Filing.
NRA's Amended Complaint Against James
October 9, 2020
On October 9, 2020, the NRA filed an amended complaint against Attorney General James in the United States District Court for the Northern District of New York. The filing alleges selective enforcement of New York Not-for-Profit Corporation Law against the NRA in Violation of the Fourteenth Amendment, among other claims. Read the Complaint.
NRA's Memorandum of Law in Opposition to Motion to Dismiss
December 21, 2020
On December 21, 2020, the NRA filed a memorandum of law in opposition to the NYAG's motion to dismiss a lawsuit filed by the NRA against James. The NRA states that it has "meritorious constitutional claims, the dismissal of which could radically alter how states regulate non-profits engaged in political speech.” Read the Filing.
Omnibus Order in
DCAG Case
December 21, 2020
On December 21, 2020, the Superior Court of the District of Columbia, Civil Division, issued a ruling that dismisses two claims asserted against the NRA by the DC Attorney General. Judge Jose M. Lopez issued the opinion in response to the NRA’s motion to dismiss. Read the Omnibus Order.
NRA Answer and Counterclaims
February 23, 2021
On February 23, 2021, the NRA filed it 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.
NRA Motion to
Dismiss
September 15, 2021
On September 15, 2021, the NRA filed a Motion to Dismiss the New York Attorney General's (NYAG) Amended Complaint, filed on August 16, 2021. It claims that the NYAG seeks to dissolve the NRA in an effort to "silence the constitutionally guaranteed political speech of its 5 million members." Read the Filing.
NRA Opposition to Motion to Intervene
October 18, 2021
On October 18, 2021, the NRA filed its Memorandum of Law in Opposition to the Motion to Intervene that was filed by a former board member. Read the Filing.
NRA Memorandum in Opposition to AG's MTD the NRA's Counterclaims
January 10, 2022
On January 10, 2022, the NRA filed a Memorandum of Law in Opposition to the Attorney General's Motion to Dismiss the NRA's Counterclaims. Read the Filing.
NRA Verified Answer to Amended and Supplemental Complaint and Counterclaims
March 23, 2022
On March 23, 2022, the NRA filed 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.
NYAG Second
Amended Complaint
May 2, 2022
On May 2, 2022, the NYAG filed a Second Amended Complaint. Read the Filing.
Decision and
Order on Motion
June 10, 2022
On June 10, 2022, a New York court dismissed the NRA’s counterclaims against New York Attorney General Letitia James.
In the opinion, the Hon. Joel M. Cohen recognized 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.
Brief in the Appellate Division, First Department
July 3, 2023
On July 3, 2023, the NRA appealed the Decision and Order entered October 3, 2022, by the Supreme Court, New York County. The NRA states that the decision requires the NRA to disclose the work product of its attorneys to its opponent in litigation. Read the Filing.
Reply Brief in the Appellate Division, First Department
August 18, 2023
On August 18, 2023, the NRA filed a reply brief with the Appellate Division, First Department, in support of its counterclaims against the NYAG. Read the Filing.
Brief Supporting Motion for Judgment Notwithstanding the Verdict
April 5, 2024
On April 5, 2024, the NRA filed a brief in support of its Motion for Judgement Notwithstanding the Verdict. Read the Filing.
NRA Pre-Trial Brief
July 1, 2024
On July 1, 2024, the NRA filed its remedial-phase trial brief in advance of the phase two trial proceedings, which are scheduled to begin July 15, 2024, in New York. Read the Filing.
NYAG Affidavit
Regarding Monitor
July 1, 2024
On July 1, 2024, the NYAG filed an affidavit outlining the proposed role and responsibilities of a monitor or "Court-Appointed Independent Consultant." Read the Affidavit.
Court's Interim Decision After Non-Jury Trial
July 29, 2024
On July 29, 2024, phase two proceedings concluded in NYAG v. NRA et al as Judge Cohen rejected the NYAG’s demands for a court-appointed compliance monitor and instead recommended the NRA and NYAG confer regarding further governance reforms. Read the Court’s Interim Decision After Non-Jury Trial here.
NRA v. Letitia James
August 6, 2020
On August 6, 2020, the NRA filed a complaint in the United States District Court for the Northern District of New York against New York Attorney General Letitia James, both individually and in her official capacity. The lawsuit states that, under the guise of protecting New Yorkers and enforcing state nonprofit law, the NYAG has weaponized its regulatory and legal powers to harm a political adversary. Read the Filing.
Motion to Dismiss
DCAG Complaint
September 22, 2020
On September 22, 2020, the NRA filed a Motion to Dismiss. It states, in part, that the DCAG "failed to allege the Foundation exceeded or abused the authority conferred upon it by law. In addition, the allegations in the Complaint do not plausibly support the conclusion that the Foundation has acted contrary to its nonprofit purposes." Read the Filing.
NYAG James' Motion to Dismiss
November 20, 2020
On November 20, 2020, New York Attorney General James filed a Motion to Dismiss the NRA's lawsuit against her. Read the Motion to Dismiss.
Attorneys General Amicus Brief Supporting NRA
December 21, 2020
On December 21, 2020, 16 Attorneys General filed an Amicus Brief in support of the NRA's case. In their brief, the Attorneys General stated that the "New York AG cannot be allowed to wield the power of her Office to discriminate against the NRA simply because she doesn't like its members' political views, advocacy, and defense of a fundamental constitutional right.... Her motion should be denied, and the NRA's suit should move forward." Read the Amicus Brief.
DCAG Order
Staying Case
February 1, 2021
On February 1, 2021, Judge Jose M. Lopez of the Superior Court of the District of Columbia, Civil Division, issued an order concluding that the action filed by the DC Attorney General against the NRA and the NRA Foundation is stayed as a result of the NRA’s January 15, 2021, bankruptcy filing. Read the Order.
NYAG Amended Complaint
August 16, 2021
On August 16, 2021, the NYAG filed an amended complaint based, in part, on federal court proceedings that took place in Dallas in spring 2021. As reported by Bloomberg, the NRA disputed the attorney general’s claims. Read the Filing.
NYAG Memorandum of Law in Opposition to the NRA’s Motion to Dismiss
October 18, 2021
On October 15, 2021, the NYAG filed a Memorandum of Law in Opposition to the NRA’s Motion to Dismiss. Read the Filing.
NRA Memorandum of Law in Support of Motion to Dismiss Amended Complaint
November 12, 2021
On November 12, 2021, the NRA filed its Memorandum of Law in Support of its Motion to Dismiss the NYAG's Amended Complaint. Read the Filing.
Decision and
Order on Motion
March 2, 2022
On March 2, 2022, the Hon. Joel M. Cohen of the New York State Supreme Court issued an opinion striking down attempts by the NYAG to dissolve the NRA. Read the Order.
NRA First Amended Verified Answer to Amended and Supplemental Complaint and Counterclaims
April 12, 2022
On April 12, 2022, the NRA filed 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.
NRA Motion to Dismiss First Clause of Action in NYAG's Second Amended Complaint
June 6, 2022
On June 6, 2022, the NRA filed a Memorandum of Law in Support of Its Motion to Dismiss the First Cause of Action in the NYAG's Second Amended Verified Complaint. The filing asks the court to dismiss the NYAG's new claim that an "independent" compliance monitor oversee the administration of the NRA. 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." Read the Filing.
Opening Brief in the Appellate Division,
First Department
March 13, 2023
On March 13, 2023, the NRA appealed the New York Supreme Court’s June 10, 2022, decision dismissing its First Amendment and Equal Protection Clause counterclaims against NYAG James. Read the Filing.
Brief in the Appellate Division, First Department
July 3, 2023
On July 3, 2023, the NRA filed an appeal of the lower court's decision denying the NRA's Motion to Dismiss the First Cause of Action of the Second Amended Verified Complaint. The NRA asks the court to dismiss the NYAG's requests for a compliance monitor and governance expert. The NRA argues that imposing such officials in an oversight capacity over the NRA against its will would violate its First Amendment rights, risk compromising its confidentiality, and violate the normal rules applicable to monitors. Read the Filing.
Verdict Sheet and Jury Charge
February 2024
Read the verdict sheet and charge given to the jury in the NYAG trial proceedings.
Consent Order
April 17, 2024
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. Read the Consent Order.
NYAG Pre-Trial Brief
July 1, 2024
On July 1, 2024, the NYAG filed its remedial-phase trial brief in advance of the phase two trial proceedings, which are scheduled to begin July 15, 2024, in New York. Read the Filing.
NYSRPA Amicus Brief
July 28, 2024
On July 28, 2024, the New York State Rifle and Pistol Association filed an amicus brief in opposition to relief being pursued by NYAG and attached an affidavit from NYSRPA members. Read the Amicus Brief.
Proposed Relief Measures
October 4, 2024
On October 4, 2024, the NRA and the NYAG submitted final packages of proposed relief measures to the Court.
The NRA Final Package of Proposed Relief Measures (5 documents in a zip file) can be found here.
The NYAG Final Package of Proposed Relief Measures (11 documents in a zip file) can be found here.
Replies in Support of Final Judgment Proposals
October 16, 2024
On October 16, 2024, the NRA and NYAG each made a final written submission to Judge Cohen in support of their respective final judgment proposals.
The NRA's brief can be accessed here, while related exhibits and affidavits can be accessed here (zip file).
The NYAG's brief can be accessed here, while related exhibits can be accessed here (zip file).
Also accessible, responses filed by counsel for John Frazer, Wilson Phillips, and Wayne LaPierre (as well as a proposed judgment filed by LaPierre's counsel).