Friday, The NRA Foundation, Inc. ("Foundation") filed a Motion to Dismiss the National Rifle Association's ("NRA") lawsuit because the complaint is legally defective and seeks to improperly transfer control of the Foundation's charitable assets to the NRA. Under applicable law, the Foundation must maintain its assets separately from the NRA and retain independent discretion and control over the use of Foundation funds.
The Foundation filed this motion because:
- The Foundation is a separate 501(c)(3) public charity, not a trust owned or controlled by the NRA.
- Following a Consent Judgment with the District of Columbia Attorney General, the Foundation strengthened governance safeguards to protect its independence and charitable assets.
- The NRA does not have legal standing to bring several of its claims, including claims that typically may only be brought by the Attorney General.
- The NRA's own complaint acknowledges that the Foundation intends to continue funding restricted grants according to their terms, foreclosing claims that donor-restricted funds are being withheld.
- Federal law requires 501(c)(3) charities to maintain independence and control over their funds to protect donor intent and preserve tax-deductible status.
The Foundation will continue honoring restricted grants and fulfilling its charitable mission while this matter proceeds in court. For these reasons, the Foundation believes the case should be dismissed in full.