A lawyer for the National Rifle Association told an appeals court Wednesday the group hopes to refile a lawsuit against New York state, while pleading with the panel of judges to reverse a lower court’s decision to dismiss the case challenging the closure of gun shops during the coronavirus pandemic.
NRA attorney Philip Furia delivered his arguments to the 2nd U.S. Circuit Court of Appeals in New York City, asking that the decision dismissing the lawsuit be reversed “to allow the plaintiff to submit an amended pleading.” The judges will announce their decision at a later date.
Furia also asked that the NRA have “a chance to replead because the law has changed.”
In repleading the lawsuit, the NRA will instead seek compensatory damages, Furia said.
This photo from Wednesday March 7, 2012, shows Illinois gun owners and supporters file NRA applications during an Illinois Gun Owners Lobby Day convention in Springfield, Ill. (AP Photo/Seth Perlman, File)
FIGHT OVER SAN DIEGO ‘GHOST GUN’ ORDINANCE HEATS UP AS JUDGE DISMISSES CHALLENGE
“What we do want to do is recognize that the law has changed, we should be given an opportunity to go back, regroup and replead,” Furia continued. He later added: “The bottom line here is the NRA and its members were injured, and if a change in the law has rendered declaratory judgment and injunctive relief unavailable, they should be permitted to regroup and reclaim this case.”
Brian Ginsberg, New York’s assistant solicitor general, pushed back on the NRA’s efforts, noting that the association had not sought compensatory damages in past complaints related to the case.
NRA SUES NY DURING CORONAVIRUS OVER GUN SHOPS’ ‘NONESSENTIAL’ CLASSIFICATION
“The law has changed, yes. But the retrospective historical fact of whether the NRA and its members did or did not incur compensatory damages has not changed,” Ginsberg told the court. “They could have done that in their initial complaint. They didn’t do it. They could have done it in their first amended complaint. They didn’t … Nor did they attempt … in their proposed second amended complaint.”
He added: “So this would be the fourth bite at the apple. And that’s … at least two bites too many in this context.”
In April 2020, the NRA sued New York officials, including now-disgraced Gov. Andrew Cuomo, for declaring gun stores in the state “nonessential” and in effect limiting residents’ access to guns and ammunition amid the state’s COVID-19 shelter-in-place order, court papers from the initial lawsuit stated.
New York Gov. Andrew Cuomo speaks during a press conference before the opening of a mass COVID-19 vaccination site in the Queens borough of New York, Wednesday, Feb. 24, 2021.
(AP Photo/Seth Wenig, Pool)
CLICK HERE TO GET THE FOX NEWS APP
In doing so, the state “effectively and indefinitely suspended a key component of the Second Amendment to the United States Constitution – shutting down all gun stores in the State of New York, including federally licensed gun stores, by deeming them ‘non-essential,’” the suit states.
The lawsuit is separate from New York State Attorney General Letitia James’ efforts to dissolve the NRA.
304189 382065Ill proper away grasp your rss feed as I cant in locating your e-mail subscription hyperlink or e-newsletter service. Do youve any? Please let me comprehend so that I may possibly subscribe. Thanks. 374814
996304 882109Pretty! This was a actually amazing post. Thank you for your provided details. cool desktop 531199
542157 266780I like this web website because so a lot utile stuff on here : D. 657572
990671 376492Excellent process! 104090
692625 402584This is a good subject to talk about. Sometimes I fav stuff like this on Redit. This post probably wont do well with that crowd. I will probably be confident to submit something else though. 854491
13678 149362If you happen to significant fortunate folks forms, referring by natural indicates, furthermore you catch the attention of some sort of envy in consideration of those types the other campers surrounding you which have tough times about this subject. awnings 165366
214830 156397I actually like your writing style, good info, appreciate it for posting : D. 181228
949860 427407There a couple of intriguing points more than time here but I dont know if I see them all center to heart. There exists some validity but Let me take hold opinion until I appear into it further. Quite excellent post , thanks and now we want a lot more! Included with FeedBurner at exactly the same time 275633
800271 609145I appreciate you taking the time to create this post. It has been genuinely valuable to me definitely. Value it. 109032
385666 489677The very best and clear News is extremely significantly imptortant to us. 78692
789098 437902Get started with wales ahead practically every planking. Ones wales truly are a compilation of huge planks 1 particular depth advisors surely could be the identical towards the entire hull planking however with even bigger density to successfully thrust outward beyond the planking. planking 534002
119620 732632The very good intreguing articles keep me coming back here time and time once again. thank you so considerably. 208971
692431 13827Wow, awesome blog structure! How long have you been running a weblog for? you created blogging appear straightforward. The total look of your web site is fantastic, let alone the content material! 617142
311410 433692Greetings! Quick question thats completely off topic. Do you know how to make your internet site mobile friendly? My weblog looks weird when viewing from my iphone. Im trying to find a template or plugin that might be able to fix this problem. In case you have any recommendations, please share. Appreciate it! 734372
877530 296058I wanted to say Appreciate providing these details, youre doing an excellent job with the website… 83450
267065 597545Hello! I just would wish to offer a huge thumbs up for that excellent info youve here during this post. I will likely be returning to your internet site to get far more soon. 28281
368095 682912You need to join in a contest initial of the greatest blogs on the internet. I will recommend this internet site! 345840