NRA Carry Guard Investigation

NRA Request for Preliminary Injunction

February 28, 2020

Filing Summary

After being charged by the New York State Department of Financial Service (“DFS”) for various violations of the insurance law pertaining to Carry Guard and other insurance products it offered, the NRA seeks a reprieve from the federal court in the Northern District of New York – specifically asking for an injunction to stop DFS from “initiating enforcement proceedings against the NRA.” (p.22)

Key Points

  • The NRA alleges that its discovery efforts to re-plead a dismissed cause of action against New York State for “selective enforcement” in NRA v. Cuomo had “borne fruit”, and that, as a result, New York State “sprang into action” in formally charging the NRA concerning Carry Guard. (p.9).  The Court, of course, had previously dismissed the NRA’s selective enforcement cause of action (along with the bulk of its case in NRA v. Cuomo). 
  • The NRA points out that it now faces enforcement proceedings in New York State as a result of the charges alleged by DFS.
  • In the request for an injunction, the NRA paints the administrative hearing it faces as a result of Carry Guard as secretive and “a DFS-controlled tribunal”, and warns of the potential for inconsistent rulings.  (p.14).  Oddly, the NRA’s proposed injunction would seemingly have the federal court make determinations about whether the NRA violated state insurance law. 
  • The brief explicitly reference Everytown for Gun Safety as the genesis of the Carry Guard investigation and as an organization whose “explicit political mission is to oppose the NRA”, and that “on its website, Everytown took credit for instigating the [Carry Guard] inquiry.” (p.7)