New York Governor Andrew Cuomo First Amendment Second NRA Lawsuit Attack
coutesy en-volve.com

The National Rifle Association, which has incurred “tens of millions of dollars in damages” from financial sanctions imposed by the state of New York, may potentially face an avalanche of additional penalties in anti-gun states throughout the union if New York Governor Andrew Cuomo has his way.

Cuomo, who is positioning himself for a possible 2020 presidential run, has seized on the issue in the wake of subsequent mass shootings. | courtesy AP Images

“If I could have put the NRA out of business, I would have done it 20 years ago,” Cuomo said Friday.

And he’s not only trying to do that in New York, he’s encouraging his gun control cronies across the country to do the same.

On Monday, Cuomo urged leaders in other states to take similar actions against the NRA’s Carry Guard insurance program, which covers legal costs stemming from self-defense shootings, something New York argues is unlawful. The Department of Financial Services has also pushed firms not to do business with the NRA, the NRA contends, under threat the firms could lose their license to operate in New York.

The effect of these moves and Cuomo’s public statements has been to “coerce insurance agencies, insurers and banks into terminating business relationships with the NRA that were necessary to the survival of the NRA as a charitable organization,” the NRA said in an amended complaint filed July 20.

The NRA claims it lost insurance coverage after the state took action against companies underwriting their NRA-branded “Carry Guard” insurance program. The lawsuit also claims Cuomo’s administration has pressured other insurers to avoid doing business with the NRA.

Without liability coverage, the NRA cannot maintain its offices, operate educational programs or hold rallies and other political events.

“Absent injunctive relief, defendants’ blacklisting campaign will continue to damage the NRA and its members, as well as endanger the free speech and association rights guaranteed by the constitutions of the United States and the State of New York,” the lawsuit states.

After New York Attorney General Barbara Underwood filed a motion to dismiss the NRA’s suit Friday, William A. Brewer III, an attorney representing the NRA, said in a statement; “The actions of defendants are a blatant attack on the First Amendment rights of our organization.”

“It appears the Governor has launched yet another crusade against the NRA to fuel his political ambitions,” the statement continued. “The governor’s current campaign against the NRA extends far beyond Carry Guard. His scorched earth tactics are designed to prohibit the NRA from having access to insurance and banking services — simply because he disagrees with the political viewpoint of this law-abiding organization. Suffice it to say, the NRA will continue to vigorously defend itself, advocate for the Second Amendment, and fight to protect the Constitutional freedoms of all Americans.”

David French writes in the National Review:

As the Second Circuit has recognized, there is a difference between “permissible expressions of personal opinion and implied threats to employ coercive State power to stifle protected speech.” When “comments of a government official can reasonably be interpreted as intimating that some form of punishment or adverse regulatory action will follow the failure to accede to the official’s request,” a First Amendment claim exists.

The NRA’s Chris Cox tweeted:

Think Cuomo is the only joker in this deck of cards?

PETA is also jumping on the “NRA is in dire straights” bandwagon.

In a letter to Wayne LaPierre, the group offered the Second Amendment organization $100,000 to do two things: deny memberships to “trophy hunters” (or individuals who hunt wild animals solely for fun) and stop promoting assault weapons.

Good luck with that, kids.

As Cuomo himself admitted, if he “could have shut down the NRA 20 years ago, he would have.” But he couldn’t then and he certainly won’t now. Call your state representatives and remind them they vote for you and your interests.

And as of today, that still includes the First and Second Amendments.

64 COMMENTS

    • If there was a truly conservative congress they would be looking to see if Cuomo can be prosecuted for commerce clause violation and if not then make a law to forbid such practice and put penalties in place for localities that attempt it.

      But alas, we got a congress full of cucks, so we’ll get jack-sheet.

      • What the NRA should do is look into pursuing a civil RICO lawsuit against Cuomo. It would cover the commerce clause provision nicely. They should also go after PETA for the same thing.

  1. NRA really, really, really needs to not settle no matter what, take the SOB to court and make him occupy a few months of his time explaining himself in public. Sticking him with a few million buck bill and NYC for a hundred million more would cause me to black out from overwhelming orgasm.

    • Larry Sharpe? No thanks, he’s not even officially on the ballot and has no chance of winning. I’m voting for Molinaro.

  2. I hope guvernor cuomo’s new attorney general rapes fewer people than the last one. Or Elliot Spitzer. Or Bill Clinton. Or Anthony Wiener. Or Harvey Weinstein. Or Matt Lauer. Or Charlie Rose.

    • I second that. GREEN MTN. BOY stuck in NY is a nightmare I wish I could wake up from and be anywhere else in the US. Even commifornia. Support our constitution , our 2nd amendment rights & the NRA !!!

      • They still don’t.

        Much like California, New York is lost to the NRA. Too many Democrat voters. As long as the state keeps voting progressive D-bags into supermajorities in gov’t, there’s not much they or anyone else can do to help.

        They do care about having access to the New York finance and insurance markets, however. That’s the keystone to everything; if you’re locked out of NY state, you’re locked out of the entire financial system by default.

        • They’ve been filing against the idiotic California gun laws, along with California pro-gun groups. It’s not their fault we’re in the 9th circuit. But they aren’t ignoring us, at least not lately.

      • Like California, working at the state level to reform or repeal bad gun laws is hopeless in NY. Too many Democrats, too many idiots, take your pick.

        If reform comes to NY (or CA), it will be via federal action- either Congress or the Supreme Court.

  3. hey PETA donate 100k per year, per EX member and we might talk…lol

    Heck I’ll take the hit to be a non-member for the donation!

    There is plenty of room for all God’s creatures.– Right next to
    my mashed potato’s

    God made humans and animals but why did he make them (the animals) so tasty when cooked “just” right and their skins so warm and soft for me to wear?

    P eople
    E ating
    T asty
    A nimals

    People are more violently opposed to fur than leather, because it’s safer to harass rich women than motorcycle gangs.

  4. Cuomo surrounds himself with NYC sycophants and yes-men, I wonder if he realizes that basically admitting to abusing your power to persecute people you disagree with politically isn’t going to fly. The man is an aspiring tyrant and egomaniac and I think his arrogance has pushed him too far on this one. The NRA will come out of this fine; Cuomo is as dirty as they come, he may come to regret the light this shines on him.

  5. Meh. Nah. Screw the NRA. This is only a New York problem, and cannot be spread to other states because that would infringe on the first amendment, or something I am sure.

    Courts ain’t gonna let NY dictate policy or tactics to the rest of the union. This is just a bunch more of the usual left-wing, radical nut case feces that New Yorkers live on. This Cuomo crap just can’t happen here (wherever “here” is); people won’t allow it. Let the NRA swing in the breeze, we gots lotsa other organizations preventing infringement on our “gun rights”: Gubmint cain’t beat ’em all. This will all blow over in a day or three.

    Right?

    Right?

    • Well, I’ll give you credit so far. At least you’re sticking to posting actual things the NRA has said, instead of lying like last time.

        • What the NRA said/did regarding bump stocks and 3D printed guns. The thread is probably only on the second page, you were called out by a few people.

        • Their support of a bump stock ban was on their own website even after they tried to backtrack. 3D printed gun ban is on Trump’s twitter. Both are facts (unless Trump is lying about NRA support, which they haven’t indicated).

    • Nope, this seals it. You have to be an anti-NRA shill/plant/shareblue agent. There’s not another option. You manage to bring every. single. topic. on this blog back to an anti-NRA spin. I was willing to give you some leeway because your avatar was a cool character from and even cooler and underrated game, but no more. Back to the pit with you infiltrator mole.

      • The NRA is in this mess because they wanted to be a money making organization instead of a gun rights one. Period. If they didn’t try pushing their own insurance and using their position to attack existing gun companies this never would have happened.

        • Right. Like or hate CarryGuard, if the NRA wants to support insurance for Concealed Carriers I’m fine with it. Let the market sort it out. But blaming them for supporting it? It (or some iteration of concealed carry insurance) is a product their members who concealed carry really do need. Way to blame the victim. Guess their skirt should have been longer, and they shouldn’t have *looked* at Cuomo that way. Must’ve had it coming.

        • “Outsource CarryGuard to USCCA.”

          And then NY will go after USCCA’s insurance underwriters Of course, once the NRA is gone, the left will sweep up the small, vulnerable organizations like the USCCA anyway without so much as a whimper, but that is another discussion. The point is that it Is vitally important that the NRA fight New York now to set a precedent that will discourage similar actions in the future.

  6. As Cuomo himself admitted, if he “could have shut down the NRA 20 years ago, he would have.”

    20 years ago, Cuomo was the head of HUD. He wasn’t focused on shutting down the NRA. He was focused on creating the no down payment, subprime mortgage markets. In other words, he was busy sowing the seeds of the 2008 financial crisis.

    That out of the way, he can now proceed to attacks on the First and Second Amendments.

    • They just don’t get it….Just wait he takes down NRA and he will be your master. You think he’ll stop with NRA? Uscca is surely next…He already infringes on our rights every day he ingores the Constitution. He thinks he can use our taxes to friviously sue the Federal Government and he’s definitely running for president as soon as he can it’s our only hope to get rid of him because of all the loons in the city. Pray he doesn’t win the presidency…STUCK IN CUOMOSTAN WITH NO HOPE OF A REPEAL OF THE SAFE ACT.
      VOTE RED OR AMERICA IS DEAD.

    • hey just don’t get it….Just wait he takes down NRA and he will be your master. You think he’ll stop with NRA? Uscca is surely next…He already infringes on our rights every day he ingores the Constitution. He thinks he can use our taxes to friviously sue the Federal Government and he’s definitely running for president as soon as he can it’s our only hope to get rid of him because of all the loons in the city. Pray he doesn’t win the presidency

  7. So when Trump says “bad” things about Muslims, his whole immigration program must be overturned by the courts, but when Benito Cuomo says he wants to destroy the NRA, his program is perfectly okay.

    I want my country back.

    • The courts haven’t ruled yet…and Trump won that one with the Supremes eventually. Let’s hope Cuomo is made to crawl back in his hole, and New York gets socked with a big judgement against them. Sorry to those who live there, don’t like more charges on those in another heavily taxed state, but that’s one of the few ways to remedy this…

  8. I became a little disenchanted with the NRA a couple of decades ago and let my membership lapse. Because of recent news stories, not here, but on mainstream media crowing about the NRA’s imminent demise, I signed up for a five year membership today. I will make periodic cash contributions as long AS THEY DON’T GIVE AN INCH! Will encourage friends and family to do the same. Did you hear that Wayne?

      • His actual tweet was about selling plastic 3D printed guns. In general, that’s illegal unless they include a chunk of metal, and they are a tax paying manufacturer. If you include the metal, you can make a gun legally, but you can’t sell it. Selling one “makes no sense” to me either since they are multiple times as expensive as many other processes, and it’s an inferior product.

        • Even if that extremely generous interpretation is made, it’s still giving a hell of a lot more than an inch. Remember Trump could repeal the Bush import ban EO any day, but THIS is what the NRA is encouraging him to do.

  9. What if the group that fell afoul a Governor’s temper (while engaging only in lawful activity) were Planned Parenthood?
    Would Cuomo and his fellow travellers approve a similar set of coercive remedies?

    What if NY’s insurance regulators threatened the insurers providing PP’s D&O and liability umbrella coverage?
    What if NY’s banking regulators threatened the institutions that provide PP with the customary financial products necessary to modern business operations – lines of credit, transaction clearance, payroll processing?

    From April 19 2018: https://www.reuters.com/article/us-usa-guns-new-york/new-york-governor-presses-banks-insurers-to-weigh-risk-of-nra-ties-idUSKBN1HR04P

    How about if that paragraph in the Reuters story read ‘The financial services superintendent, Maria Vullo, told banks and insurers in separate letters that “prompt actions” may be needed to manage reputational risks and promote public safety, at a time society “is no longer willing to stand by and wait and witness more unborn children murdered by the abortion industry.”’

    State coercion – a protection racket – is wrong, whoever the target.

    • Do NOT make a club unless you are comfortable having it used on your causes too. If this is deemed acceptable it WILL be used against Planned Parenthoods in various conservative states too as well as likely dispensaries and a few other similar things.

  10. When he laments he was unable to “put the NRA out of business… 20 years ago”, Cuomo is referring to the heady days he was a ringleader in the litigious shenanigans that led to the Congress passing the Protection of Lawful Commerce in Arms Act. Now, he seems to have found a loophole and attained a position that could let him continue his jihad.

    Contact your Congressional delegates and demand they extend the PLCAA’s protection to block attacks via this new indirect coercion as well as the old style.

  11. “Gov. Cuomo Rockin’ the NY Socialism Vibe”

    You misspelled “fascist.” Also, Cuomo shenanigans? Must be day ending in “y”.

  12. Dear Proconsul Cuomo-the-YoungerLesser:

    Once more, with feeling… if you want more Trump, this is how you get more Trump. Putz. Let me break it down for you:

    — You aren’t a visionary elected to orchestrate society to your larger vision: you are a clerk, hired to implement some conveniences according to ours.

    — The limits and mechanisms of wielding power aren’t impediments to the larger mission. They are the point: we will govern ourselves this way, so things don’t get out of hand, like some administrator deciding they are king. (Or smarter-than-the-deplorables visionary-just-ask-her-since-Wellsley deciding to impose her better vision because she’s righter than the people it hurts.)

    — If you want to make the case that we should limit and impede govt administrative power, you are doing a fine job. How about go after corruption within the state vs. using the state AG to sue for this, or that federally?

    — Just because daddy was Proconsul, doesn’t mean you get to be. Related, the Rolodex of favors and sponsors will run out of juice eventually. You might want to try to be a *good, effective* machine politician. That works better. (How? Hint: Whatever Rham-bo is doing in Chicago, don’t do that.)

    — You “run” the state means you “run” the apparatus we use to do some select things together for convenience. This does not mean you decide, demand and orchestrate everydamnthing that goes on inside the state borders. Even less does it mean you decide what’s “good”, worth aiming for.

    — You run this stuff for our benefit, not yours. For our benefit, not your functionaries and hangers-on in the apparatus. For ours, double-plus not to please your client coalition that’ll vote for you because you deliver them theirs at our expense. For ours, double-plus, double-plus not to develop the constituency you are trying to build for the presidential run Daddy never made. (Hint: Your results in NY are not a good pitch for your larger aspirations. Shockingly, people will look at how your stuff worked out here, and may decide that’s not grounds for promotion.)

    — No you do not direct a “Ministry of Production”, “Ministry of Morals”, “Ministry of Education”, “Ministry of Safety” or even “Ministry of Magic.” People do production, learning, and other, morally or not, safely or not as they will, and as they wish.
    —- Your job is maintaining the playing field, so people can do as they like conveniently. You are a janitor.
    —- Your job is supporting the rules they’ve agreed, so people can play better together. You are a referee.

    — Your personal interest in busy-bodying what other people do is not a mandate to use force, and their confiscated stuff to impose your preferences. Your personal interest in servicing your clients and constituencies is not permission to impose and abuse their preferences on people who think otherwise. Your personal interest in surpassing daddy is not a right to run the territory as a base for your bid to become Emperor.

    — Demonstrating that you’ll screw anyone you can to appeal to your whims, your voting constituency, and your ego isn’t a formula for being trusted with more.

    — Government scandals aren’t the success metric here, despite what it looks like looking at Chicago, Baltimore, etc. Neither is government waste, failed programs, economic decline, educational anti-achievement, infrastructure erosion, and, well just look at your entire state apparatus. Maybe do the opposite.

    — One more national-issue photo-op is actually promoting why you shouldn’t be at the counter at an ice cream parlor, let alone “running” anything bigger. The only good going on here is you’re dirtying up Chuck-y as you two compete for camera space, making DiBlazio look crazier (not that he needs help with that), and dragging some light onto the corrupt use of “government” apparatus to “take care of our friends” that pervades NY. And we can only assume we’d get more of it you achieved an office of greater scope.

    It may be worth all the structural damage, just for the splash-damage you inflict on your party, your peers, your (alleged) policy preferences, and your people. I’m not sure. With a bigger job, say Prezzy-C, we’d get more structural damage. I’m not sure there’s more splash-damage to be had, so that doesn’t make sense.

    Meanwhile, #morepopcorn. Also, if you want more Trump, this is how you get more Trump.

    • Great stuff sir, but having been both a clerk & janitor, I am insulted by the inclusion of the gub-ernor in my honored professions. Just joking, you do good work.

      • Thank you for the kind words, m, but really, on this one the material writes itself.

        I do apologize for including The Grub in your honored professions. (I am so stealing that, BTW.) Didn’t mean to single out your identify as. (Do help me with the pronouns.) (Myself, I identify a a super-intelligent shade of blue.)

        Sadly, we all share many identities with The Argument Against Hereditary Titles.(*) Human. Primate. Carbon-based Life-form. We are all somehow associated with Ranty-Andy. This is shame enough for any Son of Adam, or Daughter of Eve.

        (*)The Grub makes a better case against hereditary nobility than Shrub-Bush, AlGore, Ketchup-Kerry, and even Wait, those two did that – Clinton (I mean both of them. I mean together, like with each other.)

  13. This one was the best…. people are fed up with this crap. Why do you think Trump was made President. The only people getting any media time are these kinds of idiots. WHY?
    Because the rest of us are busy going to work everyday. Taking care of our families, practicing hobbies and interests, LIKE SHOOTING AND HUNTING to mention a few. When it time to vote put these nimrods out. Didn’t it start with Trump? Midterms, people.
    They’re also important. Vote… Oh wait…. the Russians got this covered already…

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