March 2, 2021

The latest chapter in the saga of Letitia James’ attempts to dismantle the NRA unfolded this week, as the NRA countersued the New York Attorney General, claiming that she has violated the group’s rights under the New York Constitution and engaged in her present lawsuit to pursue a political vendetta.

The counterclaims allege that Ms. James has engaged in selective enforcement of New York’s Not-for-Profit Corporation Law and retaliated against the NRA for bringing lawsuits against the Attorney General challenging New York’s gun control laws.

The lawsuit faces an uncertain path forward, as litigation is ordinarily halted when a party files for bankruptcy.  Ms. James, however, is opposing the NRA’s bankruptcy plans, pointing to claims by the NRA that it remains solvent.  She argues that the bankruptcy and the NRA’s plans to reconstitute under Texas laws are nothing more than an attempt to evade her lawsuit. 

The battle between the NRA and New York State is just heating up, and is likely to continue for years to come.