From the National Shooting Sports Foundation . . .
NSSF, The Firearm Industry Trade Association, is announcing it has retained Paul Clement and Erin Murphy of Clement & Murphy, PLLC, to represent NSSF in its appeal to the U.S. Court of Appeals for the Second Circuit in its lawsuit, NSSF et al v. James.
The lawsuit challenges New York State’s unlawful public nuisance statute, which is designed to impose New York-style gun control on the lawful sale of firearms and ammunition products by permitting lawsuits against members of the industry for the criminal misuse of firearms that find their way into New York even when the sale occurred wholly outside the State of New York and in compliance with all applicable federal and the state laws where it took place.
Paul Clement and Erin Murphy recently formed their own law firm after their prior firm, Kirkland & Ellis, abruptly announced it would, “no longer represent clients with respect to matters involving the interpretation of the Second Amendment.”
That announcement came just days after Clement and Murphy won the landmark U.S. Supreme Court case of New York State Rifle & Pistol Association v. Bruen in which the court held the Second Amendment protects the right of law-abiding Americans to carry a firearm in public for self-protection.
Rather than abandon their clients in the midst of ongoing representations, Clement and Murphy continue to stand by their principles and defend their clients’ fundamental Constitutional rights.
They wrote in the Wall Street Journal, “The American legal profession’s willingness to take on and stand by controversial clients has made our system of justice the envy of the world. The profession shouldn’t back down from its willingness to tackle the most divisive issues. We certainly won’t.”
“NSSF is proud to be represented by such accomplished and skilled appellate lawyers who clearly demonstrate the depth of character so badly needed in today’s legal system,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Both Clement and Murphy demonstrated bold and decisive resolve to stand with their clients instead of abandoning them at the behest of their previous firm. They have a sterling professional legal reputation that is solidly matched with their fidelity to their clients. NSSF and our industry co-plaintiffs are in the very capable hands of the nation’s premier appellate law firm of Clement & Murphy, PLLC.”
Clement served as U.S. solicitor general during the President George W. Bush administration from 2004-2008. Murphy is an accomplished appellate lawyer who has argued several cases before the Supreme Court.
Can I be the first?
Why is NRA not lead on all challenges to gun control laws? Why is NRA not leading a Sherman through Georgia campaign of lobbying efforts to put an end to stalls and delays, and outright defiance of of law?
GOA, FPC, SAF, etc should be associate law firms in suing governments; NRA gets the majority of the money for legal action and lobbying.
It’s likely due to the fact that those kinds of lawsuits don’t help the NRA achieve the actual goal of the leadership – lining their own pockets with as much money they possibly can while maintaining a thin veneer of public appearance to be actually doing something to protect our rights.
Got that right. NRA can’t fundraise without instilling fear in their members. They are less than useful, detrimental actually.
You are wrong. The NRA informs us of the FEARFUL proposals to control us, and eliminate our firearms brought on to us by A GOVERNMENT THAT DOES NOT REPRESENT THE PEOPLE DURING THIS ADMINISTRATION.
“It’s likely due to the fact that those kinds of lawsuits don’t help the NRA achieve the actual goal of the leadership – lining their own pockets…”
The “nation’s oldest civil rights organization” would do something like that?
Since inception. There’s an interesting article on this site that exposes the racist beginnings of the NRA up through modern times. Start here: https://dev.thetruthaboutguns.com/the-untold-history-of-the-nra-part-1/
The corrupt cronies in charge of it sure would, and have been.
LOL. Negotiating Rights Away literally bribed congresscritters some $43000000 to pass the gat control BS last month. Old Wayne’s bunch is the worst of the worst…
“Why is NRA not lead on all challenges to gun control laws? Why is NRA not leading a Sherman through Georgia campaign of lobbying efforts to put an end to stalls and delays, and outright defiance of of law? ”
Because WLP is busy stuffing his pockets full of donated NRA cash, instead of focusing on gun rights.
We’re far better off with the ‘new breed’ like the GOA, FPC, and the SAF now doing the heavy lifting…
“We’re far better off with the ‘new breed’ like the GOA, FPC, and the SAF now doing the heavy lifting…”
Thinking tactically, those groups don’t have the financial firepower of NRA’s potential, and they are not coordinated…each with different agendas and constituencies.
I think it’s a good thing if each organization focuses on what they perceive to be their own priority on pressing issues.
I have to think there’s communication of some level between the heavy-hitters. I highly doubt they are unaware of what’s going on around them…
A better skim than in the movie Casino.
“Why is NRA not lead on all challenges to gun control laws? Why is NRA not leading a Sherman through Georgia campaign of lobbying efforts to put an end to stalls and delays, and outright defiance of of law?”
It actually has something (a lot) to do with the fact that NRA has far more irons in the fire than any of the groups you mentioned, which are single issue only organizations. They (GOA, FPC, SAF, NAGR, CCRKBA, etc.) don’t offer competition programs in numerous fields, don’t have safety, training, law enforcement/military training, women’s programs, youth programs, etc., all of which were the foundation of the organization from its inception. NRA fields over 40 standing committees of Board and staff members that deal with these and other issues outside of 2A, all of which have been deemed important by membership over the years.
In addition, NRA ILA is the organization that deals with the majority of the 2A issues, from electing pro-2A politicians at all levels to seeking action through the legislative process, to taking on national issues like Heller and Bruen. It takes a huge staff of lawyers to sort through everything in cases such as this, more than the other groups have been able to field.
About all the other groups really need to operate is an office, IT person, lawyer retained to file suits (which are cheap to file), and perhaps someone to answer a phone or some selective mail.
Not trying to oversimplify, but actually filing a lawsuit is fairly cheap. Follow up on those filings you’re touting, however, and see what these other group’s track records are at actually fighting their suit over time, let alone winning one. Huge difference.
A SCOTUS-type case requires vast amounts of legal fees over an extended period of years, as NRA/NYSRPA did in Bruen and earlier, for Heller. It takes millions of dollars for an organization to battle, full-term, or even get to the first appellate level. One must be careful in choosing which battle to undertake, after all, losing a lawsuit can set an organization back to the point of being completely ineffective, ever again.
Filing, on the other hand, costs little and gives the appearance of activity but gains little else except perhaps a bump in fundraising. NBD if some first level judge just tosses the suit, which is usually what happens. The organization is only out a few bucks and maybe gained some new members or money as a result.
I know a lot of the 2A purists out there would love to see NRA dump its museums, programs, HQ, staff, etc., and pour everything into these individual issues “taken on” by the others. What most don’t realize is that the growing 2A returns we are seeing, and we are winning, would never have been possible without the very safety, training and firearm advocacy programs NRA has been running all along. Firearms accidents, especially when one considers the huge increase in owners over the past 2-5 years, are not on the radar as a cause of death or injury. If things, statistically, were as bad as Shannon Watts, Mini-Mike Bloomberg or the other tyrants are trying to portray, the Second Amendment would’ve been repealed 40 years ago.
I’m sure we’ll have to wait for moderation on this one…
I think you are making the case for NRA to adapt to the current landscape. The historical Fabian approach is outdated. If NRA were really effective, the static membership of around 5million would have grown greatly.
Politically, it seems time for NRA to ramp up as the worst nightmare of the anti-gun mafia.
“If NRA were really effective, the static membership of around 5million would have grown greatly.”
I wonder how many times you’ve tried to bring real, live people into the foray? Get them involved, somehow, any way, asking for even minimal effort? At gun shows, at political events, at competitions, rallies, etc.? I have, for a hell of a long time, with some success but never what I feel is close to enough.
Some years, my brother and I have put in 30+ weekends per year as complete volunteers- no mileage, per diem, zip. All for the cause. More than a few have involved extended travel and overnight stays, all at our own expense.
I’ve been doing it for around 38 years and it doesn’t matter whether it’s NRA, GOA, FPC, the various Dorrtard family groups- no difference. Typical “gun people”, as a general rule, are not joiners. Many ae private, to the point of even being dubbed “loners”. In fact, many even claim they won’t join any group because they don’t want the government, through the Post Office (!), to know they own guns. Then there are the little tight-knit groups like the Oath Keepers, JBS, Mormons/LDS, Bretheren, Menonites, etc. They’ll let no one take their guns but they are not going to join any group outside of their clique.
Add to this yet another thing I’ve learned over the years: at least half (probably way more) of the members of GOA, FPC and the rest are also willing NRA members. They pay into each group and are happy to. People brag to me all the time that they belong to “all” the groups, regardless of how some actually use NRA as a draw to try to increase their own membership.
The NRA Publications Dept alone probably amounts to a greater budget than NAGR can claim overall. Ditch the mags and other pamphlets concerning training, competitions, safety, Eddie Eagle and the like and a fair number of NRA members will leave.
As for creating the worst nightmare for the “anti-gun mafia”? The Progressives have already done that via the BLM/wole rioting being allowed to go on unabated in the Left-controlled metro areas. It has not worked, as evidenced by the tremendous increase in new people buying guns and ammo. Actually, in the end, it is likely the morons pushing all of the counter-culture BS on the increasingly aware general American public who will cause the eventual demise of the woke, and the diminishing affects of people screaming for guns to be banned.
The Bruen case belonged to the NRA through its local affiliate, the NYSRPA.
This case, which is a defense of firearms manufacturers, not owners, rightfully “belongs” to the manufacturers trade association, which is the NSSF.
Bingo. Beat me to it. The NY statute (and a similar one making its way through the legislative process in California) is a direct attack on the PLCAA, by attempting to end run its immunity provisions protecting the industry through claims that firearms are a “nuisance.”
“The Bruen case belonged to the NRA through its local affiliate, the NYSRPA.”
Thinking here about the political battle inherent in the case. In the public perception, the NYSRPA is an unknown, and the name proclaims zero connection to “the” NRA. The title of the law suit does not even make the attempt to imply that NYSRPA is an “affiliate” (a word which, in common perception, does not carry the weight of “NRA”). Only POTG are likely to recognize NRA involvement, and that is not the target audience 2A defenders (including NRA) should be playing to.
“This case, which is a defense of firearms manufacturers, not owners, rightfully “belongs” to the manufacturers trade association, which is the NSSF.”
Again, public perception. Now, it may be that in this instance, NRA cannot represent the NSSF, but NRA should be looking to be featured prominently in legal documents that the low information public will be presented.
In short, 2A activism is fractured…and weakened. This violates “concentration of force”, and “sustainability”. Overall, if NRA wants to truly be an organization that anti-gunners should have nightmares about, 2A lawsuits should be NRA lawsuits, represented by FPA, SAF, GOA, etc. Legal battles over the Second Amendment are as much politics as law. In politics, the message the public perceives is what counts.
“…2A lawsuits should be NRA lawsuits, represented by FPA, SAF, GOA, etc. …”
Nice in theory, however a number of these groups are really pushing their “lawsuits” primarily as a fundraising/membership drive and to try to lure people away from NRA. Your concept of 2A unity is noble but not practical so long as the prize is really someone’s paycheck and car/boat payments.
While Bruen was not specifically “advertised” as an NRA suit, it is well-known by the informed and actual, critical thinkers among POTG (and that’s not a very large percent) that NYSRPA is the official state affiliate of NRA, with long time NRA Board member Tom King as their president. There could not be a stronger connection. The primary legal team was NRA, as is/was most of the other support.
In the big picture, it is far better to have what appears to be interested parties from the locality of the aggrieved taking lead than some other organization coming in from “out of town”, and it works both ways. Here in Iowa, or say, South Dakota, for example, people take real offense at the idea of some bureaucrat in DC dictating what is, or is not a firearm, or what is or is not practical for our own good. We’ve spent a lot of time and efforts to maintain our own rights and freedoms and figure that if New Yorkers, or Chicagoans want to live under oppression, so be it. (This is not to say that laws from other states do not affect us, only pointing out a common sentiment from fly-over country. Very similar to the sentiments made around TTAG any time Albert Hall makes one of his “UK laws are wonderful” postings.)
In reality, the action of lawsuits to gain/maintain Constitutionally-acknowledged (although not Constitutionally-granted) God-given rights shows the breakdown of our legislative system in general, and shows how fragile even a “victory” actually is, depending upon the governmental regime in power. Even though the decision and apparent resultive actions in Bruen are crystal clear, there is no way in Hell that NYS, nor CA, MA, IL, MD, or any of the other entirely “blue” states/metro areas are going to acquiesce. And there is no way that the Harris/Biden admininstration is going to send US Marshalls, or various military units to enforce them. And I dare say that of all of the Republicrat regimes during my lifetime, only DJT would’ve likely insisted that Bruen would be followed. Certainly not W, nor his old man. Perhaps Reagan, but in that era it is doubtful.
In the end, Americans should never have to sue their own tax dollar supported government for their own rights. It merely furthers the hold of the bottom feeders on the American public and takes away vast amounts of freedom that were passed on to us by our Founders, and from our Creator. Until we learn to break those bonds, we’ll remain in this sort of “Legal Limbo”. And neither NRA, nor GOA, SAF, nor any other organization will do that for us.
Because all the CNN supports whining about the color of LaPerries suit have largely cripple the most effective gun right organization in the world.
“Because all the CNN supports whining about the color of LaPerries suit have largely cripple the most effective gun right organization in the world.”
I must disagree with the last eight words, above.
When I was a Boy Scout, qualifying for my marksmanship, the instruction was carried out through sponsorship of the NRA. However, at school, non-Scouting kids hardly knew the NRA existed. And in my adult work life, that remained the trend. Even now, the anti-gun blogs I read rarely mention NRA (but they do recognize “gun owners”, “gun nuts”, “right wing terrorists”, etc. NRA is doing precious little to present themselves as the 800 pound gorilla on 2A defense. And even in the community of legal gun owners, the cases won by the smaller organizations do not sound trumpets for NRA (and, if one looks closely, NRA is not a major term on this forum, either).
Public perception is the key to politics. The general public does not want to analyze, connect and conclude. The message must be easy to receive, and “NRA affiliate” actually sends no recognizable message beyond NRA members, and POTG who are familiar with NRA.
Continuing from above, you place far more emphasis on the perception of an organization to non-affilitated others than what the organizations actually stands for and does.
In the very least, NRA maintains the programs and services I’ve listed above in other posts, and I’m not going into them again here. None of the other organizations offer services beyond “those of the lip” in regards to training, safety, competition, publications, research in areas from ballistics to legal history, et al.
And we need to be specific. NRA ILA is the political, legislative branch of NRA. As per the rest, there is NO other gun organization that does what NRA does, so neiowa’s statement is, essentially, correct.
Wishing all the best to Clement and Murphy. Wishing pestilence on Kirkland & Ellis.
“Wishing pestilence on Kirkland & Ellis.”
That was real surprising to me that K&E would give them the heave-ho like they did.
It’s a shocking demonstration of the vitriol the Leftist Scum ™ has for this nation… 🙁
I know K&E all too well. They suck.
So they going for the PLCC or Bruen (or both) on this one?
GOA and SAF get my $ now. I keep getting copies of the American Rifleman, so I guess I’m still a member, but they’ll not get another nickel until WLP is history.
“I keep getting copies of the American Rifleman, so I guess I’m still a member…”
Bet you still read them… 🙂
And really- it’s lunacy to think Leticia James, among others, would never have take action to try to kill NRA were WLP not present. I’m sure all of the leftist media would love NRA if not for him as well.
No one with any Left-wing political clout gives a rip about GOA, SAF, etc. They’re never even mentioned. One thing’s for certain, if they could “pick off” NRA- GOA, SAF, NAGR, CCRTKBA, etc would all be just tiny blips/footnotes in American History within 6 months.
When Clement & Murphy were picked, you know the case is headed straight for SCOTUS. No screwing around.
We all know Clement, from his prior 2A work. His new law partner Erin Murphy is one sharp cookie, I would hate to go against her in court…
Good luck Clement & Murphy.
quote: “The American legal profession’s willingness to take on and stand by controversial clients has made our system of justice the envy of the world.”
Since before we were a nation this has been so. Way back when, some soldiers were getting heckled and threatened. Things went from bad to worse, shots fired, people died. Eight of the soldiers were charged with murder. a guy named Sam Adams took up their case, and beat the rap on the groundslf self defense. When some locals began berating Sam for taking up that very unpopular cause, he responded to the effect that if those eight cannot get a fair trial here, no one else can either. Seems that sentiment prevailed and is now enshrined in the bill of Rights. Fair and impartial legal representation is part of our birthright here.
“a guy named Sam Adams took up their case”
It was John Adams, not Sam Adams, who took up the Redcoats’ case. Sam Adams wanted the Redcoats boiled in oil — metaphorically speaking.
Boiling oil being known to cause CO2 and climate change.
“Boiling oil being known to cause CO2 and climate change.”
There ya’ go; following the science.
John Adams
The British soldiers were defended by John Adams.
Potato, patahto….and they were being heckled by colonists, a. k. a. future Americans. Details, details.
Some lawyers are going to make a lot of money defending a constitutional right.
Geoff “I’m getting too old for this shit” PR
“I have to think there’s communication of some level between the heavy-hitters. I highly doubt they are unaware of what’s going on around them…”
Napoleon’s Principles of War seem to still apply (6 – 10)
Concentration of Force
Economy of Effort
Flexibility
Cooperation
Sustainability
@Craig in IA
“I wonder how many times you’ve tried to bring real, live people into the foray?”
Thanks for the intro….
Living in an HOA controlled neighborhood (with nary a sign of gun owners, anywhere), I just live as quietly as possible.
Some years ago, went to the local gun club with a presentation designed for retirees, to be presented during hours retirees would likely be free to attend (daylight, rather than dark night). The owner/manager of the club liked the idea, but dismissed retirees as being in sufficient number to make the unused classrooms profitable during the day (they still sit mostly empty in daylight). The biggest objection was that the class wasn’t NRA approved/certified/sponsored.
If already at the club (becoming less and less frequent) when obvious novices schedule range time, I will offer assistance. At one point, I was a volunteer RSO, looking for “newbies” to assist, educate and encourage. The paid RSOs objected, claiming I was taking money from them (even though I was there only to cover their lunch breaks), so management thanked me for my service, and declined to allow me to cover lunch breaks, going forward.
Sorry, I don’t see the connection…
Not attempting to by coy, but this is not the same as organizing any sort of large group promotion or resistance to any proposed or actual legal/legislative issue.
“Craig in IA”
I recognize the balkanization of individual states, communities, organizations is strong in the country. But in war, the insular mindset makes for a poor army. The battle for restoration of our protected rights isn’t about individual expression and culture. Having worked for a nationally known charity, I do understand the influence of money and pride at work.
You correctly noted that “insiders” all know who is who in the 2A defense community. While true, it is also ineffectual in the overall struggle: messaging. The Dims expertly use various groups to push their agenda. Regardless of the organization name, the public at large knows it is a Dimwitocrat group, fostering the Dim agenda. Republicrats are all about individual expression and culture. Too often, one is uncertain of the political leanings of a national organization (note: politics is everything; everything is politics. we need to understand just what that means).
Look at national news coverage. When NRA is mentioned, “everyone” knows that name, and assumed (though incorrectly) political position. The smaller groups do not have that impact at all. I am appropriating, “If we don’t hang together, we shall all hang separately” in insisting that a fractured message does not have the same power as a consolidated one.
Going back to one of my favorite themes, if 100 million gun owners were all 2A defenders/activists, we would not even have a national discussion on firearms as a natural, civil and human right. Yes, we have our victories, but we have yet to form a national movement that prevents any and all attempts to disarm private citizens. If we did, there would be no attempt by state governments to circumvent a Supreme Court decision.
@Craig in IA
“And we need to be specific. NRA ILA is the political, legislative branch of NRA.”
Specific for whom? Insiders? Even “insiders” see NRA (the whole) when NRA ILA is mentioned. Outsiders are the same, regardless of political leanings. We need to deal in truth over facts in this case: in politics, “truth” is what counts. Truth is, the general population (especially the unicorns that are labeled “undecided”, or “swing voters”) sees “NRA” is meaningful, “NRA-ILA” is not.
If unity in a political movement is not valuable, then “there is strength in numbers” is conditional at best, and misguided otherwise; simply “whistling through the graveyard”.
I trust you understand my comments are not intended to endorse the NRA, nor denigrate the organizations that are actually doing the hard work.
“Specific for whom?”
Everyone, because that’s the way it is.
I’m not out here hawking on TTAG for NRA, nor downgrading the other orgs, just presenting facts and long time observations as an activist. If you really want to prove your 100 million pro gun army postulation- have at it- go out and start today. In my experience, you’ll come up about 99.9999 million soldiers short.
Between ALL the so-called pro-gun orgs there are only perhaps, 6 million members paying due, except half of those in the groups other than NRA also are NRA members in my experience. Of those 6 million, perhaps 200,000, nation wide, can be counted on for help in any manner. Pretty lonely out here.
So long as exercising one’s right is at no financial cost it’s tough to get participants to pitch in and help pull the wagon. Look at public education- free, to the point of even feeding most of the kids 3 times per day. The result of what seems now to be a free “education for all” is that it’s worthless as compared to the rest of the world’s systems, and up until the real deal was actually exposed to parents through mandated online “learning” via the WuFlu, it was damn near impossible to find normal people to even run for school boards. For the most part, people just go along until they realize they just ran off a cliff. Not so much beforehand.
“Specific for whom?”
…”Everyone, because that’s the way it is.”
The general public isn’t interest in legalese. NRA is NRA, regardless of subordinate branches, or contracted services. Trying to interest the public in understanding that affiliates of NRA are somehow the same as NRA is not a winning strategy. Winning at politics is not about “specifics” that do not move the needle. My recommendation to Wayne and the Gang of 75 would be to demand that affiliate groups rename: National Rifle Association – New York Rifle and Pistol Affiliation. Play to win, not be detailed accurate when talking to the public.
“For the most part, people just go along until they realize they just ran off a cliff. Not so much beforehand.”
I think that is a characteristic of the last stage of empire.
“The general public isn’t interest in legalese.“
Nor are they often interested in being concerned about things that are status quo. For most of us, guns, even those the left labels “assault weapons”, are things we already have, and in great numbers. Far, far more now than prior to the AWB in the mid 1990s.
The people living out here in free America don’t often even feel remorse for the schnooks in the commie blue states- after all – if they really wanted to change their environment they could do so at the ballot box. We certainly have made tremendous gains on our own in Iowa since Brady and the AWB and we’d already laid excellent groundwork in anticipation of such moves at the Fed level prior to 1992, thanks to clear thinking and NRA leadership at the time.
“I think that is a characteristic of the last stage of empire.”
Perhaps, but it’s been going like this since the 1930s when most Americans didn’t even flinch at the NFA. The people in the old west didn’t complain much,either, when the town marshal, often a bully, made the cowpokes check their guns when they arrived to party. SHOOT! Maybe that’s what Adams and Lightfoot ought to try. Check those 9mms before selling dope to the school kids.
“Check those 9mms before selling dope to the school kids.”
Sounds like common sense gun control to me.
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