Posted on 08/04/2018 9:37:48 AM PDT by rktman
The National Rifle Association of America (NRA) has filed a collective lawsuit against New York Governor Andrew Cuomo (D), New York State's Superintendent of Financial Services Maria T. Vullo and the New York State Department of Financial Services (DFS).
The NRA claims Cuomo, Vullo and DFS knowingly went to banks and insurance companies to tell them not to work with the pro-gun group, Rolling Stone first reported.
"Simply put, Defendants made it clear to banks and insurers that it is bad business in New York to do business with the NRA," the lawsuit says. "As a direct result of this coercion, multiple financial institutions have succumbed to Defendants’ demands and entered into consent orders with DFS that compel them to terminate longstanding, beneficial business relationships with the NRA, both in New York and elsewhere."
(Excerpt) Read more at townhall.com ...
You would think so, but it is likely to be legal as the NRA is not a "protected class" per federal statute or regulation.
“Why anyone does business in NY I’ll never know.”
Crony capitalism. If you have the inside track on contracts, it’s a very profitable place to do business. If you don’t, it isn’t. The inside track requires a bit of under-the-table kickback, which is figured into the contract. The taxpayer is the looser. As for people not doing business with the government, well, they are probably wedded to the place because that’s where their customers are. For example, if you service three hundred copiers for companies in New York, you really can’t move unless they move too.
“Commerce Clause...”
This.
Clear interference with interstate commerce. Especially if there is a gun shop within 20 miles of an interstate highway.
Looks like an easy case for the NRA to win in NY against NY. /s
It could happen though and sometimes just trying brings about the desired results other than the financial win.
It’s obvious NY and CA (among other states like NJ) are flat out of control being control freaks disregarding the US Constitution. They need to be slapped back into our reality as a country of laws we must all live by.
I’m a little worried about Trump on this issue. He looks to the NRA to tell him what is good or bad. He should be looking to us. I like Trump but on the gun control issue he is wishy washy. I don’t like that at all.
Why would the NRA need to be a protected class to have standing? I’m not a lawyer or even a legal aide; nor did I spend the night at a Holiday Inn but I do understand right and wrong.
What NY is doing is most definitely very wrong. Isn’t that what our laws are supposed to prevent?
It would probably have to be heard in the Supreme Court at some point. Can’t expect to get a fair hearing in NY obviously.
I’d sign up and move all of my financial transactions there on day ONE!!
More specifically, patriots should know that the 14th Amendment (14A) gives voters the power to work with their federal representatives to make punitive civil laws that discourage state actors from abridging constitutionally enumerated rights.
14th Amendment:
"Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
John Bingham, Congressional Globe. (See 2nd Amendment about in middle of 2nd column.)
In other words, regardless that post-17th Amendment (17A) ratification activist lawmakers are promising low-information voters unconstitutional civil gun-control laws to win votes, Congress has the express constitutional authority only to make laws that strengthen 2A rights.
In fact, several years after ratification of 14A, the Supreme Court clarified that, while the amendment added no new protections to the Constitution, 14A strengthens enumerated protections.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
H O W E V E R …
While Congress has the power to protect citizens from activist state actors, it remains that all roads of corruption in the federal and state governments lead to the post-17A ratification Congress imo.
More specifically, we're still stuck with a corrupt, post-17th Amendment ratification Congress left over from the lawless Obama Administration, a Congress that has a track record for not lifting a finger to make punitive laws to discourage state actors from abridging constitutionally enumerated rights.
Patriots are reminded that Congress wrongly ignored unconstitutional abridgment of 1st Amendment protected religious expression and free speech by state actors during the Obama Administration for example.
The remedy for constitutionally enumerated rights-ignoring federal and state governments …
Patriots need to finish the job that they started when they elected Trump president.
More specifically, patriots now need to be making sure that there are plenty of Trump-supporting patriot candidates on the 2018 primary ballots, candidates who will be willing to make punitive civil laws that discourage state actors from abridging constitutionally enumerated protections, including 2A.
Patriots then need to pink-slip career lawmakers by sending patriot candidate lawmakers to DC on election day so they can start supporting Trump in weeding the constitutionally enumerated rights abusers out of the system.
And until the states wise up and repeal 17A, evidenced by concerns about the integrity of the outcome of Alabama's and Pennsylvania's special elections, patriot candidates need to win elections by a large enough margin to compensate for the following concerns.
Intel Chair: FBI, DOJ Obstructing Trump Probe in Hope of Dem Takeover in Congress
Keep Pelosi from becoming Speaker again.
Obama: Pelosi will be speaker again after November midterms
Keep Democrats from impeaching Trump.
Democratic Rep. Al Green says he will force House impeachment vote
Young, misguided, newly registered pro-gun control voters who are likely clueless about the fed's constitutionally limited powers.
Possible deep state ballot box fraud and associated MSM scare tactics.
Interference from people like Soros.
Hacking Democracy:
Yes local chapters, pass the hat like the Smart Tea-Party orgs did and stay off the radar screen vs. going for the 501(c)(3) status. But that has it's drawbacks. They won't do business with Gun Dealers or the NRA from a banking standpoint?
Unsecured lending is the answer.
How many businesses did that after 2009, and Dodd Frank because they couldn't get "commercial paper"
Yes higher interest rates, but how many of us would invest in a local gun shop or act as a lender for the NRA w/ interest in return?
Csrew Coumo....
Uh... just between you, me, and the lamp post, the NRA can do just fine, thank you, without New York.
“Looks like an easy case for the NRA to win in NY against NY.”
It should be fairly easy for the NRA to win compensatory damages for commercial revenue losses, but not punitive damages.
In Florida and other southern states, juries love to award punitive damages for big money.
What about the individual “protected class” NRA members in NY state?
That’s a class action ...
....Wouldn’t it be great if not only the NRA won this case decidedly but also sued the state of NY and won, oh, $20B or so to boot then turned around and used a lot of that cash to fight the draconian gun laws in NY and got them overturned? Winning!
>>>>>......YES!
Maybe a better question is why haven't conservatives gone after the ACLU, SPLC, and Planned Parenthood in the same fashion? Oh wait, progressives go for the jugular, most conservatives tend to go along to get along.
Great post.
We can see how fragile our freedoms and rights are. God grants them and Dems dispose of them.
Does anyone else have the feeling that “we won” but the Dems are still fully in control—court cases, little judge injunctions, binding with RINOs to block the Wall, everyone still under Obamacare rules and on and on.
A republic, if you can keep it.—Benjamin Franklin
A few years ago the cartoonist Guindon had one with hundreds of deer hunters going through the woods and one saying to another in Michigan: “There are thousands of us out here, we are fully armed. To heck with the deer—Let’s take Wisconsin!”
Maybe make that New York?
My question was,
If the NRA itself isn’t in a protected class, and thus couldn’t use an avenue reserved for protected class,
then would it still be possible for those NRA members that -are- in a protected class to band together in a class action suit?
Well; we are supposed to be the good guys but I get your point. To win we will have to get down and dirty just like the left does as routine.
"Nice insurance company you got there. Be a shame if you renewed the NRA's policy, and we had to fine you a few million."
These "public servants" are nothing but gangsters and should be prosecuted federally as such.
I'm not in favor of criminalizing policy differences. But this goes beyond that. It is plainly naked abuse of power.
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