Letitia James’s proposal to dissolve the NRA, a nonprofit organization, is alarming.
The disproportionate and historically unprecedented character of the NRA penalty matters here, too. Fraud and misappropriation of funds are common scandals in the nonprofit world. The leader of the United Way of America, for instance, was found to have used organization funds for his personal enjoyment. No prosecutor would have dreamed of dissolving the United Way. The Teamsters Union was convinced of outright racketeering and forced to operate under federal financial supervision. It was not dissolved, nor were its funds distributed to the United Auto Workers.
An appropriate remedy exists for any illegal acts in which NRA leaders may have engaged. They should be charged as individuals—and it should remain up to the organization’s board whether to retain or replace them. The board would also be free to dissolve, if it believed that its name has been tainted, and to distribute its funds to any group of its choice. In America, with its deep tradition of independent civil society, it is not up to the government to decide how citizens associate or participate in political life.
