The hearing over former board member Rocky Marshall's attempt to intervene in the New York suit against the NRA is happening. Marshall and others are trying to intervene as a way of providing an alternative representation of members.
The judge seems skeptical of letting Marshall intervene without evidence he was illegitimately pushed off the NRA board.
Marshall's lawyers are noting they have different claims against the NRA than what New York has brought. They note that a big one is potentially trying to recover legal fees that the interveners believe are excessive.
The judge says that sort of claim isn't at issue in the New York suit and wouldn't be decided there. So, an intervention isn't necessary. Marshall's lawyers counter that the NRA could be dissolved in this suit and they wouldn't be able to make any claims at that point.
The interveners argue NRA leadership, such as CEO Wayne LaPierre, has acted against the interests of NRA membership. They argue leadership has harmed the organization and they should be able to intervene on behalf of NRA members.
The NRA's lawyers are arguing, basically, what the judge had argued earlier. They say Marshall doesn't have standing to intervene since he isn't a director anymore.
The NRA is arguing that because Rocky Marshall ran for NRA president during last year's board meeting he has a conflict of interest in trying to invene in the case.
The NRA is also arguing Marshall filed his intervention too late.
The New York AG's office also don't want Marshall to intervene. They also argue he has no standing.
The judge has denied former board member Marshall's motion to intervene in New York's case against the NRA.
The judge says he does value the input of NRA members who don't agree with how NRA leadership has run the organization, though.
Judge says Marshall lacks standing because he is no longer an NRA board member.
It will be interesting to see whether the judge has to decide this same intervention question for a third time if Frank Tait, who is another one of the interveners, is able to get on the NRA board.

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More from @StephenGutowski

Feb 15
This is an out-of-court settlement, but it's still a really bad development for the gun industry as a whole. Expect these sorts of lawsuits to ramp up after this.
The firearms industry disowned the settlement. NSSF, the industry's trade group, blamed the now-defunct Remington Outdoors Company insurers for accepting the deal. It says the company would have won in court.
NSSF says the Remington settlement has no legal impact beyond the parties involved. It says federal liability protections remain as strong as before the case. thereload.com/remington-insu…
Read 5 tweets
Feb 14
In recent months, the gun-control groups have increased their public criticism of Biden, which I find pretty fascinating. I'm not sure it's true Biden could do much more on guns than he already is. But they all seem to feel otherwise.
Interestingly, you did not see these sorts of public attacks on Trump from gun-rights groups even though he dealt with many of the same limitations. There weren't any major pro-gun bills passed under Trump just as there haven't been any major gun-control bills under Biden.
The gun-control groups are much more comfortable going after Biden than the gun-rights groups were going after Trump (although, it did happen from time to time).
Read 4 tweets
Feb 13
The full exclusive interview with Georgia Governor Brian Kemp is now available for @TheReloadSite subscribers. We talk for 30 minutes about guns, David Perdue, and Stacey Abrams. thereload.com/podcast-georgi…
Kemp went after Perdue as a "Johnny-Come-Lately" on permitless gun-carry. He said he only took the position because it's now the "politically correct" thing to do in the primary. thereload.com/exclusive-geor…
Kemp slammed Stacey Abrams as somebody who "doesn't want law-abiding people to have firearms." He said he is the only one who can defeat her in the general election. thereload.com/exclusive-geor…
Read 5 tweets
Feb 11
In an exclusive interview with @TheReloadSite Georgia Governor Brian Kemp (R.) primary challenger David Perdue and potential general election opponent Stacey Abrams. thereload.com/exclusive-geor…
Kemp says Perdue is a "Johnny-Come-Lately" on permitless gun-carry. He says Perdue is just taking the position out of political convince while he has supported it since 2017. thereload.com/exclusive-geor…
Perdue fired back at Kemp asking why he hasn't been able to pass permitless carry in his time as governor. thereload.com/exclusive-geor…
Read 5 tweets
Feb 10
This is a pretty disturbing justification for a nighttime no-knock raid given the most popular rifle in America uses .223 ammunition.
Some of these other justifications hold more water, but the Amir Locke shooting is further evidence of how high-risk these kinds of tactics are for everyone involved.
I don't discount the danger involved in apprehending murder suspects (Amir Locke was not a suspect and did not have a criminal record), but justifying an escalation of tactics because the home you're raiding may have an AR-15 inside seems like it has wide-ranging consequences.
Read 5 tweets
Feb 10
It's not terribly surprising Beto flip flopped on gun confiscation now that he's running for governor of Texas. But the way he went about it was certainly bizarre. thereload.com/analysis-betos…
I mean, @AdamSerwer and I predicted this reversal back in October. But Beto started off his campaign by doubling down. Now he's reversing himself? What were they thinking? Will anyone buy it? thereload.com/analysis-betos…
“It’s a question of whether Texas voters believe his walk back. Whether they prioritize other issues besides that," @AdamSerwer told me in October. "Maybe they don’t believe him but prefer him to Abbott anyway." thereload.com/analysis-betos…
Read 4 tweets

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