Jonathan Stempel

NEW YORK, (Reuters) – A Federal Appeals Court ruled in favor of the National Rifle Association on Tuesday in a lawsuit filed by gun rights groups challenging New York’s decision to close gun shops early in the COVID-19 pandemic.

The 2nd U.S. was approved by a vote of 3-0. Circuit Court of Appeals in Manhattan ruled in favor of the NRA. It stated that there was no reasonable prospect of the NRA obtaining an injunction because the state legislature had curtailed governor’s ability to impose COVID-19 limitations.

Also, the appeals court refused to award no damages. The NRA did not have standing to sue its members and sovereign immunity under U.S. Constitution 11th Amendment prohibited claims against officials of the state.

Requests for comments were not answered by lawyers for the NRA. Letitia James’ office, New York Attorney General, didn’t immediately respond to another request.

NRA sued Andrew Cuomo’s March 2020 executive order closing guns stores, claiming they were not essential businesses. According to the NRA, the closings of gun stores violated the Second Amendment.

In August 2020, a federal judge dismissed NRA’s suit. Cuomo later reversed his order.

Cuomo quit as governor in August. Kathy Hochul (also a Democrat) is running for a four-year term in November.

A New York non-profit, The NRA (NRA), is currently defending itself against James’ lawsuit seeking it to dissolve and its ouster of Wayne LaPierre, long-serving chief executive.

James, a Democrat, is also running to governor. James claims the NRA is racked with corruption. This includes millions being diverted to LaPierre or other insiders.

James’ allegations were denied by the NRA who deemed her suit politically motivated.

It is National Rifle Association of America v Hochul et al. 2nd U.S. Circuit Court of Appeals No. 20-3187.