Gun Rights Group Claims Lower Court Decision ‘Defies’ Major First Amendment Victory At SCOTUS

After scoring a major First Amendment victory at the Supreme Court, the National Rifle Association (NRA) is returning to the justices with a request to reverse a lower court ruling they claim “defies” the landmark decision.

The Supreme Court allowed the NRA’s First Amendment claim to move forward last year, finding the group “plausibly alleged” former superintendent of the New York Department of Financial Services (DFS) Maria Vullo violated their rights by pressuring banks and insurance companies not to do business with them.

Yet the Second Circuit Court of Appeals concluded in July that Vullo should not face legal consequences because her actions did not violate a right that was “clearly established” at the time.

“Vullo is entitled to qualified immunity, for the law was not clearly established that the conduct alleged here — regulatory action directed at the nonexpressive conduct of third parties — constituted coercion or retaliation violative of the First Amendment,” the Second Circuit held in July.

In a footnote, the Supreme Court’s opinion noted the Second Circuit remained “free to reconsider whether Vullo is entitled to qualified immunity.”

“Now these government officials are arguing they cannot be held accountable, claiming their status entitles them to ‘qualified immunity,’” NRA CEO Doug Hamlin said in a statement. “The NRA has filed a petition for a writ of certiorari requesting that the Supreme Court let them know that there can be consequences for leveraging power to harm those who disagree with their policies.”

The NRA initially sued