Filing Summary

In the midst of New York’s investigation into Carry Guard, the NRA filed suit in federal court against Governor Cuomo, the Department of Financial Services (“DFS”), and the head of DFS Maria Vullo.  The suit makes a number of allegations against the State including “selective prosecution, backroom exhortations, and public threats with a singular goal – to deprive the NRA and its constituents of their First Amendment right to speak freely about gun related issues and defend the Second Amendment.” The majority of this lawsuit was subsequently thrown out by the Court.   

Key Points

• The lawsuit points to the State’s settlements with Lockton and Chubb as DFS levying “multi-million dollar fines against two insurance-industry firms that dared to do business with the NRA… both firms were coerced to terminate their business arrangements with the NRA and its members.” (para. 21)
• The complaint notes that Everytown for Gun Safety initiated the DFS investigation of Carry Guard by sharing the results of its own investigation with regulators. (para. 31)
• The suit notes that Lloyd’s of London announced, in light of the DFS investigation, that it would “terminate all insurance offered, marketed, endorsed, or other made available” through the NRA. (para. 52)
• The complaint styles five causes of action against the defendants (para. 54-99): (1) First and Fourteenth Amendment Violations by the “Establishment of an Implicit Censorship Regime”; (2) First and Fourteenth Amendment Violations by “Retaliating Against the NRA Based on it Speech”; (3) Equal Protection Violation of the Fourteenth Amendment; (4) Conspiracy; and (5) Violation of the NRA’s Fourteenth Amendment Due Process Rights.