As we reported on Tuesday, the National Rifle Association is suing the 501(c)3 NRA Foundation, accusing its sister organization and its board of directors of “operating in bad faith and withholding funds meant to support the NRA’s charitable activities.”
The NRA alleges that the NRA Foundation has been taken over by elements of the “Old Guard”; former NRA directors who were allied with Wayne LaPierre and who are now putting the squeeze on the NRA’s new leadership by refusing to approve grants that have traditionally and routinely been approved in the past to fund many of the non-political programs run by the NRA, from the Eddie Eagle Gun Safe program to the NRA Museums. In its initial complaint, the NRA declared:
Booted out of power by the NRA’s members, they now seek to reclaim it through the Foundation. First, they sought to sever the relationship between the NRA and the Foundation by attempting to strip the NRA of its right to appoint the Foundation’s directors and seizing that power for themselves. And now they seek to jettison the Foundation’s historic purpose of supporting NRA’s charitable programs and transform the Foundation into a vehicle for personal reprisal, against the reformers who displaced them at the NRA, and for their self-aggrandizement, by building up the Foundation as a competitor to the NRA. They seek to achieve those ends through hijacking the NRA’s trademarks, including the “NRA” name, and repurposing millions of dollars that were contributed to support the NRA’s charitable programs. That is unlawful. Donor intent matters, and the NRA members and supporters attending “Friends of NRA” fundraising events and responding to the NRA’s solicitations intended to support the NRA’s public-interest programs, not the vendettas and thirst for power of those who failed the NRA. And the Foundation’s current leaders have no right to mislead donors who intend to support the NRA into supporting an organization that has turned against it. The NRA therefore seeks and is entitled to judgment barring the Foundation’s use of the NRA’s trademarks, including its famous “NRA” mark, and requiring that the millions in funds raised to support the NRA’s charitable programs continue to be put to that use.
The NRA Foundation hasn’t formally responded to the complaint in court yet, but on Tuesday afternoon the group did release a statement to Bearing Arms through an outside PR and consulting firm.
The NRA Foundation (“Foundation”) is aware of a lawsuit filed recently by the National Rifle Association (“NRA”). The Foundation has retained counsel and intends to mount a vigorous defense and pursue all available remedies and relief.
The Foundation is an IRS 501c3 tax exempt not-for-profit organization that exists to advance firearm safety, education, training, and shooting sports. It has carried out that mission for more than three decades with integrity and care and in full compliance with all applicable laws.
The Foundation’s trustees and leadership take their fiduciary obligations to the Foundation seriously. Notwithstanding the NRA’s allegations and actions over recent months, the Foundation has continued to provide appropriate funding for qualifying c3 programs of the NRA and other organizations that are consistent with its charitable mission.
Following conclusion of the District of Columbia v. the NRA and NRA Foundation lawsuit in 2024, a lawsuit initiated by the DC Attorney General, the Foundation has ensured that it is in strict compliance in all material respects with the Consent Judgment. The Consent Judgment is a court-approved framework that requires the Foundation, as it had done in the past, to exercise independent judgment, protect donor intent, and ensure that all grants, shared services, and financial decisions are made in the Foundation’s best interests and in full compliance with the law.
The Foundation has also worked steadfastly to strengthen internal controls and corporate governance, as well as continuing to require transparency and accountability from the NRA.
While litigation is unfortunate, the Foundation remains confident in the propriety of its governance, its stewardship of charitable assets, and the strength of its legal position. The Foundation has acted in good faith and consistent with its legal and regulatory obligations at every step.
Notwithstanding the lawsuit, the Foundation will continue to remain true to its mission and to support programs that are consistent with its 501c3 purpose.
Litigation is unfortunate, but if the Foundation really has significantly pulled back on its funding of the NRA’s c3 programs then it may very well be warranted. I think it’s fair to say that most donors to the NRA Foundation and those spending money at Friends of NRA dinners expect that a good portion of those proceeds are going to support the NRA itself, not just outside organizations that have benefitted from Foundation grants in the past. Half of all money raised by Friends of NRA dinners is earmarked for grants to local organizations in the community where the dinner is held, but the other 50% of the funds are meant to benefit organizations with a national footprint, and the most obvious beneficiary would be the NRA itself.
In fact, the NRA Foundation’s website states that:
The heart of The NRA Foundation’s mission is preserving the core of our American values and traditions in our steadfast effort to Teach Freedom.
Established in 1990, The NRA Foundation, Inc. (“NRA Foundation”) is a 501(c)(3) tax-exempt organization that raises tax-deductible contributions in support of a wide range of firearm-related public interest activities of the National Rifle Association of America and other organizations that defend and foster the Second Amendment rights of all law-abiding Americans.
Compare that language, which suggests that the NRA should be receiving the lion’s share of grants to national organizations, to the language of the press release describing the Foundation’s mission: “… to advance firearm safety, education, training, and shooting sports.” No mention of the NRA whatsoever.
The Foundation’s website mentions the valuable work done by the Eddie Eagle program, Refuse to Be a Victim, and a number of other c3 programs, but its press release says only that the Foundation has provided “appropriate funding for qualifying c3 programs of the NRA and other organizations that are consistent with its charitable mission.”
Had I been advising or drafting the Foundation’s response, I wouldn’t have downplayed the importance of those NRA programs to the Foundation’s mission. I would have done the opposite and detailed what the Foundation is doing to ensure those programs are able to continue and even expand. Maybe we’ll see those details when the Foundation formally replies to the lawsuit in court.. or not, depending on what that “appropriate” funding actually looks like these days.
As for requiring transparency and accountability from the NRA, that should be a two-way street. Bearing Arms contributor John Petrolino noted in his coverage of the NRA’s lawsuit that the Foundation has yet to respond to multiple requests for a list of their leadership despite the Foundation’s Donors Bill of Rights pledge that all donors have the right “to be informed of the identity of those serving on the organization’s governing board and to expect the board to exercise prudent judgment in its stewardship responsibilities.”
Actually informing donors like Petrolino of who is currently on the Foundation’s governing board would be a good first step towards demonstrating some transparency of its own. And if the Foundation’s trustees really want to show their commitment to transparency and accountability, they could always release a list of all NRA c3 programs the Foundation supported through grants in 2025, the amount of those grants, and how those numbers compare to the grants that were awarded over the past five years.
Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
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