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A federal court on Friday dismissed National Rifle Association charges that New York Gov. Andrew Cuomo and former Superintendent of Financial Services Maria Vullo selectively enforced provisions of the state's insurance law against the organization, but the NRA said it plans to replead the issue.
The litigation in National Rifle Association of America vs. Andrew Cuomo et al. was filed in May 2018.
Friday’s ruling by the U.S. District Court in Albany, New York, said, “Even assuming that Gov. Cuomo and Supt. Vullo’s public statements portend their intention to harm the NRA for its gun-promotion efforts and advocacy, Plaintiff fails to point to specific statements plausibly supporting the inference that either defendant knew of similar non-firearm-related Insurance law violations by the comparators but consciously declined to prosecute them.”
The ruling said also that the selective enforcement claims are “dismissed without prejudice to repleading.”
The NRA’s law firm said in a statement that the NRA “will amend and re-plead this claim, as the court explicitly allows.”
William A. Brewer III, partner at Brewer, Attorneys & Counselors in Dallas, said in the statement, “Our client is confident that discovery will confirm that Defendants knew exactly what they were doing: ignoring similar or identical conduct across the insurance marketplace, while singling out the NRA for political reasons.
“Most importantly, this decision has no bearing on the NRA’s First Amendment claims. We will continue with our aggressive pursuit of the facts on behalf of all NRA members – and in the interest of protecting free speech for advocacy groups across the nation.”
The New York Department of Financial Services had no comment.
The National Rifle Association on Friday said it has filed a lawsuit against New York Gov. Andrew Cuomo, the New York State Department of Financial Services and the department’s superintendent, Maria T. Vullo, for allegedly violating the gun rights’ organization’s First Amendment rights related to the NRA-branded “Carry Guard” insurance program.