In a win for the Second Amendment, a Manhattan judge blocked New York Attorney General Letitia James’ attempt to break up the National Rifle Association.
Though her lawsuit against the NRA is allowed to remain open, Judge Joel M. Cohen said her accusations don’t “allege the type of public harm that is the legal linchpin for imposing the ‘corporate death penalty.’”
“Her allegations concern primarily private harm to the NRA and its members and donors, which if proven can be addressed by the targeted, less intrusive relief she seeks through other claims in her Complaint,” Cohen wrote.
“The Complaint does not allege that any financial misconduct benefited the NRA, or that the NRA exists primarily to carry out such activity, or that the NRA is incapable of continuing its legitimate activities on behalf of its millions of members,” he continued.
He also said dissolving the group would have an impact on free speech and assembly rights.
As reported by The Hill, James filed the lawsuit against the NRA and four of its top current and former executives in August, accusing the group of breaching corporate laws that resulted in a loss of more than $64 million over three years. The lawsuit also claimed that the NRA harbored “a culture of self-dealing, mismanagement and negligent oversight.”
NRA President Charles Cotton called the judge’s decision “a resounding win.”
“The message is loud and clear: the NRA is strong and secure in its mission to protect constitutional freedom,” he said.
James, on the other hand, said her office is “disappointed” but “heartened.”
“Today, the court affirmed my office’s right to pursue its long-standing claims that fraud, abuse, and greed permeate through the NRA and its senior leadership,” James said. “We are considering our legal options with respect to this ruling. We remain committed to enforcing New York law regardless of how powerful any individual or organization may be.”
