U.S.A. – -(Ammoland.com)-
“I am counsel of record for the proposed intervenors Francis Tait and Mario Aguirre,” attorney Taylor C. Bartlett wrote to Supreme Court, Civil Branch, New York County Justice Joel M. Cohen Friday regarding People of the State of New York v. The National Rifle Association, et al. “Yesterday, I learned that at least one, and possibly two, sitting directors of the NRA wish to join the motion to intervene.”
“I expect this director, or both, to assert the same claims made in the intervenors’ Proposed Answer, Cross, and Counter Claim (Doc. # 249), and also to assert that N-PCL § 720 provides an independent basis for a director’s standing to assert these claims,” Bartlett explained. “I expect to file a supplemental memorandum of law and amended proposed pleading, and also expect the Attorney General and the Defendants to request additional time to respond.”
The letter embedded next and found here:
Letter of NRA Director(s) Joining Action in New York NRA Intervening Case
There is no comment from the Intervenors’ attorneys, however, legal sources have told AmmoLand News that this additional intervention will strengthen the Intervenors’ standing to press their claims on behalf of the NRA’s membership.
This is because New York law grants a single director of a non-profit entity such as the NRA the authority to sue directors, officers, and/or key persons of the organization for breach of their fiduciary duties as alleged in the Attorney General’s complaint, including “the acquisition by himself, transfer to others, loss or waste of corporate assets due to any neglect of, or failure to perform, or other violation of his duties.”
Regular AmmoLand News readers may recall the idea for members to try and stop the dissolution of the Association via an intervenor lawsuit first reported in August of last year. In June we reported the intervenor motion had been filed in the case on behalf of the membership, and in August reported on the related reply memorandum seeking the judge to grant the intervention and later in the month presented correspondence and billing documents demonstrating the need for honest intervenor stewardship.
Judge Cohen’s decision on whether he will allow the intervention is anticipated at the September 9 motion hearing referenced in the above letter.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.