A judge in New York ruled against tossing a lawsuit from the state’s attorney general that seeks to dissolve the National Rifle Association.
Judge Joel Cohen decided on Thursday the civil case could move forward in state court in Manhattan, denying the motion to dismiss the case on technical grounds or move it to federal court brought by the gun rights group that has accused Attorney General Letitia James of creating “a corrupt political and regulatory environment in New York.”
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James, a Democrat, filed a lawsuit in August, arguing that the NRA should be dissolved on the grounds that the organization has been misusing funds.
“The attorney general is the chief law enforcement of the state of New York. She is enforcing a New York state statute,” Cohen said during a virtual hearing. “It would be inappropriate in these circumstances to find that the attorney general cannot pursue her claims in state court just because one of the defendants prefers to proceed in federal court.”
In New York, the attorney general has oversight over the state’s nonprofit organizations and can bring this type of lawsuit against them if it is found that they have violated their tax-exempt status.
The suit accuses Wayne LaPierre, NRA CEO, of taking lavish vacations at the organization’s expense, using the group’s money to send gifts to an associate, and crafting a secret contract to guarantee him a lifetime income.
Last week, the NRA announced that it would be declaring bankruptcy and moving its headquarters from New York to Texas.
“The NRA abandons a state where elected officials have weaponized the legal and regulatory powers they wield to penalize the Association and its members for purely political purposes,” the NRA said in a statement.
“Today’s order reaffirms what we’ve known all along: the NRA does not get to dictate if and where they will answer for their actions,” James said in a statement. “We thank the court for allowing our case to move forward and look forward to holding the NRA accountable.”
