Donor Class Action Lawsuit

Memorandum in Support of NRA Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim

February 19, 2020

Filing Summary

This filing presents the NRA’s legal arguments for why Plaintiffs’ lawsuit should be dismissed. It is similar to the NRA’s prior memorandum in support of its motion to dismiss but adds arguments about standing.

Key Points

  • The NRA continues to describe the Plaintiffs’ grievance with the NRA as “misguided” and “completely irrelevant.” (Pg. 6.)
  • The NRA argues that the Plaintiffs “lack standing to challenge the NRA’s use of donated funds.” (Pg. 12.) The NRA argues that the relevant state law “limits those that may challenge nonprofit corporate action to certain individuals, including the attorney general, directors, officers, and other limited groups suing ‘in the right of the corporation.’” (Pg. 12.)
  • The NRA also argues that “courts routinely hold that donors lack standing where they make contributions to nonprofits without some restriction or contingent ownership interest in place.” (Pg. 12.)
  • The NRA also argues that its solicitations were not false because “most of the so-called [s]olicitations actually contain no promise on behalf of the NRA as to how any donated funds will ultimately be used.” (Pg. 14.) The NRA claims that “the vast majority” of the NRA’s expenditures were not outside the Plaintiffs’ definition of the NRA’s core mission. (Pg. 14.)