United States – -(AmmoLand.com)- Second Amendment supporters are rightly concerned about the likely return of Operation Choke Point and the financial blacklisting that it causes. In addition, we’re seeing Letitia James try to dissolve the National Rifle Association for the “crime” of opposing the anti-Second Amendment agenda over the years.
But what can be done about it?
New York is very solidly left-wing, and voting out James, even with her excesses, is a long shot. Furthermore, Operation Choke Point is carried out by the threat of bureaucrats acting – something that has long been a problem. Yet, there may be a way to force them to back off – and the strategy comes from a source many Second Amendment supporters haven’t given much thought to.
For a long time in the 1960s, 1970s, 1980s, and the first part of the 1990s, the Church of Scientology was in a lengthy battle with the IRS over whether or not it should have tax-exempt status. The fight got nasty – with Scientologists carrying out a number of dubious actions in the process. But the decisive action wasn’t dubious, it was perfectly legal hardball: According to the Tampa Bay Times, the turning point came when the IRS was hit with over 2,300 lawsuits. It got so expensive, the IRS threw in the towel and granted the exemption.
Regardless of what you think of the Church of Scientology, this is a tactic that was – to an extent – already used against our rights by big-city mayors, then-Secretary of Housing and Urban Development Andrew Cuomo, and the Brady Campaign. In fact, Joe Biden wants to repeal the law that ended that back-door assault on our rights. So, the question isn’t whether or not such hardball should be used – our enemies are using this tactic. The question is whether this legal arms race wouldn’t be better if two sides were involved.
But let’s put this another way. Anyone who has exercised their First Amendment rights in response to the NRA’s email alerts has a good case to claim they were slandered by Letitia James when she called the NRA a domestic terrorist organization. If Dominion can sue Fox News for defamation, why can’t NRA members return the favor to James? They arguably would have an even stronger case than Dominion has against Fox, given their actions are well within those protected by the First Amendment.
On a similar basis, a fair number of the tens of thousands of Federal Firearms Licensees could have similar grounds to hit the Consumer Financial Protection Bureau, Office of the Comptroller of the Currency, the FDIC, and arguably the big banks (like Bank of America and Citigroup) and payment processors (like Stripe) with litigation citing restraint of trade and tortious interference, especially if they can show compliance with the many federal and state laws. The case of Intuit’s treatment of Gunsite could be an example here.
The fact is, the lies anti-Second Amendment extremists are telling have a major impact on us.
They have even created an existential threat to not only exercising our Second Amendment rights but the ability to use our First Amendment rights in defense of the Second Amendment. It was unthinkable 15 years ago that Second Amendment advocacy or even the lawful exercise of our Second Amendment rights could be targeted in this manner. Defeating this threat may require us to embrace tactics we once thought of as unthinkable in response.
About Harold Hutchison
Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.
Bringing the NRA into this discussion was quite appropriate.
I like the concept. Would not be able to go after Lelita James directly as she was (nominally) acting in her official capacity. However putting NYC in position of having to spend a fortune defending (and settling) a large number of suits could actually get her forced out of office. If nothing else, I’d simply be happy to see pain inflicted on NYC.
@F; As long as the “pain” was only monetarily felt by the perpetrators and instigators. Which is hard to do considering these “people” are hiding behind state lawyers.
@Laddyboy – Voters their put those politicians into office. Law suits and settlements cost money. Paying out money is painful, even when it is someone else’s (tax payers) money. Pain would spread to all the politicians from mayor on down. If it get’s bad enough taxpayers revolt and vote in a new batch of politicians who promise to stop the financial hemorrhaging. Fortunately politicians attempt to retain power, so they would do what they could to manage the pain in order to stay in office. However, if pain flows through to the tax payers – it’s their own damn fault… Read more »
Perhaps it’s time to also use another tool of the left: crying “RACIST”, in legal action and in publicized reports. For example, imagine these headlines: “Racist organization Moms Demand Action lobbies to deny minority families their constitutional right to self defense”, or “Racist Brady Campaign wants predominantly white police departments to be the only ones with guns.” It’s not hard to find evidence of racial bias in “may-issue” CCL jurisdictions and other left wing actions. The “racist” card can be played both ways.
Good one from harold! Id love to see one of our legal eagles pull the triggeron a class action suit! Gura,stamboleah??
We are well beyond the point of nitpick litigation to fight what has been a broad spectrum war on liberty itself. The Progressive New Left declared this war on our Republic 50 years ago with the publication of the Prairie Fire Manifesto. They have won every single engagement in that war ever since. Whether it be the public schools and universities, victim class based cultural Marxism, the redefinition of the entire language, the purging of critical thinking in favor of critical theory or the reduction of enumerated natural rights to meaningless shadows of their original meaning the Progressive New Left… Read more »
now is in fact the time to sue all these governments while they are short on cash, the businesses that fund them too, we need a case to scotus that once and for all says guns are to protect the people from bad government, that effectively dissolves atf and 1968 arms control act start arresting state law enforcement personal under rico they act like gangs ,they attack rights they are not for the people
Good luck with that wishlist. Just getting the supremes to take up a significant, broadly reaching case would be a huge victory as things stand. Far more likely they’ll pass the buck by making a narrow ruling that only applies to the case at hand.
INFRINGEMENT AFTER INFRINGMENT AFTER INFRINGEMENT to the extent of OVER 25,000 gun infringement laws across America.
This PROVES the “WANT-A-BE-CONTROLLERS” across America DO NOT believe what is written in OUR AMERICAN CONSTITUTION along with the FIRST TEN AMENDMENTS.
According to the Constitution; ANY law that is CONTRARY to the Constitution IS NULL AND VOID!
I want to see Constitutional Carry implemented all across America — WITH — the same QULIFIED IMMUNITY that the Police across America have!!!!
The INFRINGEMENT of American Citizens’ RIGHTS MUST END!!!!
@nrringlee below has a great summary of where this fight is today. The whole reason for the U.S. Constitution was to establish individual rights and limit government, but practically speaking it isn’t working if every infringement requires a lawsuit to defend what is presumptively already secured in the Constitution. From the Dred Scott decision (1857) until the “Texas Has No Standing” decision (2020) by SCOTUS (7-2) against Georgia, Pennsylvania, Michigan and Wisconsin–a decision which was unsigned!–we see our Constitutional Republic inexorably swirling down the drain. The big elephant in the room is when all legal recourse is exhausted, and ballot… Read more »
Well what the heck, let’s do it Harold! Please sir, lead the way. I have a lawyer who would probably take this on with percentage contingency. I’ll bet many other readers do as well. I have an NRA Life Member decal prominently displayed on my truck window. The hardships I have faced, the degradation, it’s been life-changing. I’ve been shunned by my friends and neighbors because they now, based on Ms. James declaration, believe that I’m a terrorist! I’ll wager y’all, with the help of some creative attornies can come up with a bunch more injuries.
Many Americans don’t have the wherewithal to file suits in court, however, a class actions could be a fruitful way to go. Does anyone see any difficulties in filing class action suits against Letitia James?
The Trouble with A “LAWSUIT” Lawyers are the Only Winners. Enough Said.
The goal isn’t to profit. The goal is preservation of our ability to exercise inherent natural rights free from unjust intrusion. What’s cost could be too great to safeguard that?
Not true at all.
Harold Hutchison must not have ever filed a lawsuit, let alone prosecuted one to its conclusion.
So how about a class action lawsuit?
Big reason is cost.
“Defeating this threat may require us to embrace tactics we once thought of as unthinkable in response.” At this point: THERE ARE NO TACTICS THAT CAN BE CONSIDERED “UNTHINKABLE” IN THIS FIGHT FOR OUR FOREMOST FREEDOM AND SECURITY! PS – Looking at the NY SAFE Act, they seem to laugh at litigation, having unending tax revenue to fight with, in courts with sympathetic judges . . . and TRUE “peaceful protests” seem to empower their totalitarian nature in that the gun owning population is truly neutered and pacifistic. Against an armed citizenry that, by sheer numbers, outguns them, they have… Read more »
Harold is suggesting a sort of Reverse-SLAPP campaign. Such a campaign has merit but such a campaign would be very expensive and we don’t have a few spare billionaires just waiting in the wings to support such a campaign. While such a campaign would be satisfying if we could afford it, the reality is that we cannot afford it, because most of the entities that Harold suggests we sue all have much deeper pockets than we do (unless perhaps Harold can convince WLP to hock a few of his suits to pay for our lawsuits). A more realistic approach would… Read more »
“most of the entities that Harold suggests we sue all have much deeper pockets than we do”
Not to mention; Judges, Lawyers, Representatives, and the entire dinosaur media, all in their hip pockets. That makes fighting them in the courts a very expensive loosing proposition. But, that is probably exactly what little Harold wants. For us to waste our efforts and resources on fruitless pipe dreams.
Well stated – I agree with frank – we should initiate a class action civil suit against them – there are lawyers who are pro 2A (within US law shield/Ussa etc..) who would do it to protect us and not necessarily for profit alone.
sign me up – Harold inquire some more and start a movement – thanks
Any politician who is on record conflating the NRA or any other gun rights organization with crime, “blood on their hands”, etc., deserves to be sued for libel. But the question remains: What’s taking so long?
It’s called culpability.