Front Page News: New York Law Journal Reports on NRA Appeal

March 17, 2023 – The New York Law Journal reports that Brewer client the National Rifle Association of America (NRA) has appealed  the New York Supreme Court's June 2022 order that dismissed the NRA's First Amendment and Equal Protection Clause counterclaims – without discovery – against New York Attorney General Letitia James.

The front-page article, “NRA Claims NY Seeks to ‘Crush’ Gun Rights Group in Battle with AG’s Office,” chronicles the NRA’s 58-page appellate brief, including the NRA’s claim that the lower court decision dismissing the counterclaims “practically draws a roadmap for how officials can abuse state power to destroy the ability for non-profits to advocate for positions disfavored by the government.”

According to the article, “Under the lower court’s decision, so long as the targeted entity has committed any technical infraction whatsoever, it would have no redress for the blatant violation of its First Amendment rights,” the brief from Brewer, Attorneys & Counselors partner William A. Brewer III states

See the article here.

The Hill Reports on NRA Countersuit Against New York Attorney General Letitia James

On February 24, 2021, The Hill reported that firm client, the National Rifle Association of America (NRA), filed a counter lawsuit against New York Attorney General Letitia James accusing her of "weaponizing" her power against the group.

Filed in the New York Supreme Court, the legal filing states, “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. This wrongful conduct threatens to destroy the NRA and chill the speech of the NRA, its members, and other constituents, including like-minded groups and their members.”

William Brewer, counsel to the NRA, told The Hill in a statement that the group believes "the NYAG’s actions are retaliatory and reflect ‘selective use’ of regulatory oversight against the Association in violation of constitutional rights."

"The NRA will continue to confront the NYAG’s weaponization of power – to the benefit of the Association, its millions of members, and all who believe in constitutional freedom," Brewer said.

Read more.

Brewer Client NRA Files Lawsuit Against New York Attorney General Letitia James

On August 6, 2020, Brewer, Attorneys & Counselors filed a lawsuit on behalf of its client, the National Rifle Association of America ("NRA"), against New York Attorney General ("NYAG") Letitia James, both individually and in her official capacity. 

Filed in the United States District Court for the Northern District of New York, the lawsuit notes 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. 

Attorney General James famously vowed to "target the NRA" and "investigate the legitimacy of the NRA as a charitable organization" while on the campaign trail in July 2018 – before taking office and without any evidence of compliance failures. The NYAG later announced an investigation of the NRA and, predictably, sued the Association. 

The NRA’s lawsuit states that the Association "brings this lawsuit for declaratory and injunctive relief under the First Amendment of the United States Constitution, as well as for a judicial declaration of what is obvious: the NRA operates in substantial compliance with New York not-for-profit law."

The New York Sun commentary, “The NRA’s Fight in New York is for All Americans,” discusses the importance of the case.

Read the complaint here.