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.