Jonathan Stempel

NEW YORK (Reuters), Wednesday’s federal appeals court panel questioned the National Rifle Association’s efforts to revive the lawsuit against New York state closing gun stores in response to the COVID-19 pandemic. These “non essential” businesses were closed by New York.

NRA is also defending against a New York attorney general lawsuit seeking to dissolution it. The NRA sued Andrew Cuomo over a March 2020 executive directive. Cuomo claimed that the closings were in violation of the Second Amendment as well as other provisions.

The NRA filed a lawsuit against the federal court in August 2020. But Cuomo’s order was later overturned and a legal challenge was dismissed.

Philip Furia (a lawyer for NRA), told the U.S. Circuit Court of Appeals, Manhattan stated that gun rights groups still have “viable claims”, but expressed doubts about its ability to appeal and claim compensatory damages.

Circuit Judge Michael Park declared, “I’m not certain what you want.” “I don’t know what the lawsuit is all about anymore.”

Brian Ginsberg was a state lawyer who stated that there were constitutional issues with the repleading and that the NRA had already been afforded three opportunities to claim compensatory damages.

“This would constitute the fourth bite, which I consider to be at least two more,” he stated.

The appels court didn’t say when they would rule.

Letitia James, the state attorney general, has requested the dissolution of the NRA. She claims that the New York-based nonprofit is plagued by corruption. This includes the transfer of millions to longtime chief executive Wayne LaPierre.

In January, the NRA filed for bankruptcy. They sought to reorganize in Texas which is more friendly to guns. However, a judge deemed the Chapter 11 case an inappropriate attempt to obtain an “unfair litig advantage” to avoid James’ supervision.

James also wants LaPierre to become his wife.

This case involves National Rifle Association of America v Cuomo et al., 2nd U.S. Circuit Court of Appeals. 20-3187