Judge’s Ruling Against NRA Dissolution Reflects Concerns from Intervenor Actions

Letitia James vs Wayne LaPierre
Letitia James vs Wayne LaPierre: Neither emerged the winner in this latest ruling. The members, on the other hand, didn’t do too badly.

U.S.A. – -(Ammoland.com)- “NY Court Rules Out Dissolution, Keeps Case Against LaPierre And Others Alive,” the NRA in Danger blog reported Wednesday. “A while back we said it’d be ironic if NRA, after all leadership’s misdeeds, was saved by a NY judge (after it spent millions trying to ‘dump NY’). That may just have happened.”

Based on Judge Joel M. Cohen’s opinion, that seems a fair assessment.

“[T]he NYAG’s[New York Attorney General Letitia James] claim for dissolution of the NRA cannot be sustained,” Cohen asserted. “The main victim of the NRA’s alleged dysfunction has been, according to the Complaint, the NRA and its members…”

“In arguing for dissolution, the Attorney General’s allegations fail to delineate between the NRA, on the one hand, and its leaders on the other…” Judge Cohen elaborated. “Conflating the Individual Defendants with the NRA writ large for purposes of dissolution is inappropriate here.”

That concern was expressed to the judge through various attempts at intervenor action, that is, a question raised in this column in August 2020:

“Could NRA members intervene to stop NY suit to dissolve the NRA?” the article asked, introducing a lawyer and NRA life member’s idea for “a legal procedure that could be used both to preserve the NRA’s existence and to install new leadership if the New York AG proves her claims against the NRA executives.”

In July of last year, a motion to intervene was filed by NRA members Frank Tait (who is currently running for the Board of Directors) and Mario Aguirre. In September, NRA Director Roscoe B. Marshall filed a Notice of Motion to Intervene. For the first time in the case, NRA attorneys and the NYAG agreed. In “a rare moment of unity,” they both opposed such an intervention.

Judge Cohen evidently took notice of their concerns with questions he posed in oral arguments in December.

“So should that not matter at all that there are five million members, a number of whom had tried to appear here and have taken the position, well, look, don’t throw out everything just because of some bad actors?” he asked the attorneys.

“[H]e said the members’ cause needed to be heard, and he would consider other ways of letting them participate,” the NRA In Danger blog reported at the time. “There was a report of a director going to join in [again, from AmmoLand], which would have helped their motion a lot…”

“This is a resounding win for the NRA, its 5 million members, and all who believe in this organization,” NRA President Charles Cotton celebrated in an Association announcement. “The message is loud and clear: the NRA is strong and secure in its mission to protect constitutional freedom.”

For the association, yes, it’s a win. For Wayne LaPierre, for whom the judge had “some unflattering things to say,” and for Letitia James, who is trying to save face by portraying this as good news/bad news with appeal options, not so much.  The Notice of Decision of Entry of Order, where you can read what the judge said for yourself, follows.


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Larry

“So should that not matter at all that there are five million members, a number of whom had tried to appear here and have taken the position, well, look, don’t throw out everything just because of some bad actors?” he asked the attorneys.”

Who screwed up and appointed a guy to the bench who understands common sense?

john

The NRA has a virus it is Wayne Lapierre Time to change the players for the good of Gun owners.

Wild Bill

Sure, that is correct, but how? After the 1977 revolt, La Pierre got the rules changed to preclude another attempt at voting him out.
I vote for candidates that the NRA candidate committee has not nominated. What more can be done?

nitehntr

I have a feeling he is going to be charged with a crime, if NY is serious and not just looking to harass they will now do a proper criminal investigation which I doubt has been done. and I imagine he could at least be suspended if not outright dismissed once criminal charges are filed. a last resort could be a deal to get him out and not go after him civilly, anything to get him and the rest of his team out. I’m not privy to any investigations obviously but as a retired law enforcement officer I guarantee Wayne… Read more »

Wild Bill

That would be good.

Larry

This.
And then throw out the Board.
And then have a reorg meeting to remove the chains Wayno put on the power of the members to control their own organization.

john

A Petition signed by all the NRA members a formal written request, typically one signed by many people, appealing to authority with respect to a particular cause.

vepr

Do not join.

Do not send them 1 penny.

If all the members had done that , the skunk would have been thrown out decades ago.

It’s not rocket science.

Larry

I de-joined as soon as the stench became apparent. I fear I had not much effect.

nitehntr

Wayne Lapierre needs to go voluntarily is he really cares about the fight against gun control. if not he is just using the NRA to enrich himself. if he won’t bow out a new board needs to replace him. then put strict controls in for all the upper management. I’m not naive here I know why NY is doing this but wrong is still wrong. at least the judge ruled correctly.

Larry

Wayne will never let go. He is riding a tiger. He stays out of orange as long as he stays at the head of the NRA. Once he is removed, he’s doing time.

Tank

Ah yes the infamous train of abuses by corrupt leaders. Corporate lobbyist’s up each other’s arse’s. It’s one big club & “WE” aren’t in it.

Manicures, pedicures, custom suits, leased mansion in Texas et alia who knows what else is in the “gravy” package of benefits no doubt a lot more au gratis.

Volunteer worker Bees slaving away for the cause of freedom & 2nd A while Machevilian Prince of Thieves enriches himself & his coterie/galere of den of thieves.

Sic semper tyrannis over & over.

Out the ashes of chaos & destruction rises the Phoenix reborn.

Last edited 2 months ago by Tank
Wild Bill

That looks like fun.

nrringlee

Now is the time for a confidence vote by all members concerning the board, executive team and the executive VP. No single person or group of people is more important than the organization. No one is too important to the organization that they stand while the organization collapses around them. Right now there is a membership zero confidence vote happening in the form of flat recruiting and participation. Only the die hards like us are hoping against hope that the organization can survive against the effects of bad leadership. WE shall soon see..

Wild Bill

Is there a rule that allows such a vote? How does one get that ball rolling?

Henry Bowman

This quote is as applicable to organizations as it is to nations…

Bigfootbob

I think this was the right decision. It seems there’s one problem and one problem only, Wayne LaPierre. It appears the judge understands that and has singled out and put a name on the cancer…LaPierre.

Eviscerate that cancerous tumor so the patient can heal. The judge also illustrated how ineffective the agenda driven prosecutor is and to me that’s just about as rare as anything today in the judiciary.

It will be a glorious day when we see LaPierre perp walked followed by a trip to personal chapter 7 bankruptcy.

Tionico

I wonder if “they” will allow La PeePee to have his own custom fitted orange onesie to wear when he takes up residence in his new abode?

johnsguns

LP must go as well as most of the board they are running the Asso like the democrats are running this country
BNLIFE member

vepr

Really looking forward to jamse putting the skunk, li’l Wayne LA P U in jail and completely bankrupt and in jail striped suits.

It is just pathetic that the stupid , cowardly, nra members did not do it themselves years ago.

nrringlee

Correct. NRA HQ is within 50 miles of the epicenter of ethical rot in our once great republic, Washington DC. Move it to Texas or somewhere in the middle of the country like Missouri and get it outside of the frag pattern of corruption surrounding DC.

Hazcat

Don’t really want the NRA dissolved but until WLP and all of his supporters and enablers are gone they are irrelevant.

Terry

Amen, brother! If you’ve got rats on the ship you don’t burn the ship You kill the rats!

J Gibbons

Agree there. The organization could be a powerful force for true good on the 2A front, but the corrupt leadership needs to go. Rather than a dissolution, a re-organization under “new management” would be better for all POTG.