NRA Carry Guard Investigation

Decision on Motion to Dismiss NRA’s Claims Against New York

May 9, 2019

Filing Summary

Following the defendants success in having the bulk of the NRA’s case in NRA v. Cuomo thrown out (see Motion to Dismiss decision on 11/6/2018), defendants filed a motion under Federal Rule of Procedure 12(c) to dismiss additional parts of the case.  The Court (i) dismissed the NRA’s Section 1983 claims against DFS, (ii)  dismissed “all money damage claims against DFS, and against Gov. Cuomo and Supt. Vullo in their official capacities”, and (iii) dismissed the NRA’s selective enforcement claims. 

Key Points

  • The decision does not include new factual revelations, but instead focuses on the legal insufficiency of the NRA’s complaint.
  • The court does provide the NRA the opportunity to re-plead its selective enforcement claims. (p.11)