NRA: How Andrew Cuomo is trying to destroy it

Show Caption Hide Caption Cuomo: 'I’ll remember the NRA in my thoughts and prayers' Gov. Andrew Cuomo spoke Friday, Aug. 3, 2018 to reporters in New York City about his efforts to revoke an insurance program run by the NRA

ALBANY — Gov. Andrew Cuomo is hoping an effort to end an insurance policy run by the National Rifle Association will damage its finances — and he is urging other states to follow.

Cuomo in recent days has ramped up his criticism of the NRA after it filed legal papers to try to overturn the state's decision earlier this year to end the NRA's insurance program called, "Carry Guard."

New York contended the program is illegal because it gave liability protection to gun owners for acts where there was "intentional wrongdoing."

In an effort to overturn the state's ruling, the NRA filed an amended complaint last month arguing it could face financial problems or even go broke if the insurance program, a revenue raiser for the group, is not restored.

The NRA lawsuit is broader than just the insurance program, though. It contends New York has engaged in a systematic effort to hurt its ability to operate in the state by putting pressure on regulatory agencies and financial institutions.

"This campaign involves selective prosecution, backroom exhortations, and public threats with a singular goal — to deprive the NRA and its constituents of their First Amendment rights to speak freely about gun-related issues and defend the Second Amendment," the lawsuit states.

NRA vs. Cuomo

The group claims the state's actions against the NRA have cost the association "tens of millions of dollars" in legal fees, lost royalties and damage to its reputation.

"If the NRA is unable to collect donations from its members, safeguard the assets endowed to it, apply its funds to cover media buys and other expenses integral to its political speech, and obtain basic corporate insurance coverage, it will be unable to exist as a not-for-profit or pursue its advocacy mission," the NRA's complaint states.

But Cuomo said he has no sympathy for the NRA's plight, and on Monday wrote a letter to other governors encouraging them to drop the NRA's "Carry Guard" program.

On Friday, New York filed a motion to dismiss the NRA lawsuit.

"Look, they are selling illegal product in New York. This 'Carry Guard' insurance policy is illegal," Cuomo told reporters Friday. "And they were advertising it and they were getting a commission."

Cuomo, a Democrat seeking re-election this year and a prospective 2020 presidential candidate, has long fought with the NRA, particularly after the state passed a strong gun-control law in 2013 in the wake of the Newtown, Conn., school shootings.

"They don’t control me, they never will and they have a problem with that," Cuomo continued.

"I’m tired of hearing politicians say, once a week after there’s another shooting, on almost a weekly basis ... we’ll remember them in our thoughts and prayers.

"If the NRA goes away, I’ll remember the NRA in my thoughts and prayers – how about that?"

What is 'Carry Guard'?

According the website of Lockton Affinity, which administers the NRA plan, about $155 a year pays for a bronze-level plan. Concealed-carry firearms permit holders are its primary market:

NRA Carry Guard members with insurance receive up to $250,000 in civil protection and $50,000 in criminal defense costs with up to 20 percent of the criminal defense costs limit available as supplementary payments for expenses," the website states.

The NRA began offering the plans in spring 2017, but other groups such as the U.S. Concealed Carry Association have offered similar programs since 2011.

Fines in New York

In April, Cuomo directed the state Department of Financial Services to urge insurance companies, banks and other financial institutions to "review any relationships they may have with the National Rifle Association and other similar organizations."

A month later, the state agency got Lockton to pay a $7 million fine for administering the "Carry Guard" program, then levied a $1.3 million fine against Chubb Ltd, which underwrote the program.

Both companies agreed to not continue

The NRA said all of New York's efforts has hurt the organiation.

"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 states.

Cuomo, though, has been unfazed and did a round of national news interviews Monday to discuss the NRA fight.

He is also leading a petition drive and media campaign to endorse states to follow New York's lead on blocking the NRA's insurance program.

"I urge you to examine your laws and determine whether or not this product is being illegally sold in your state, and I encourage you to follow New York's lead and block the sale of these NRA products if they are illegal, or to outlaw these products if they are not already prohibited," Cuomo wrote to the governors Monday.

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