The national debate over qualified immunity—the legal doctrine that can make it difficult to sue government officials for constitutional violations—has largely focused on police misconduct.
But it also broadly applies to state and local government employees. A recent federal court ruling is a reminder of that, uniting two unlikely bedfellows: the National Rifle Association (NRA) and the American Civil Liberties Union (ACLU).
The legal odyssey stretches back to 2017, when the New York Department of Financial Services (DFS) found that Carry Guard—a self-defense insurance program endorsed by the NRA and underwritten by insurance companies—had violated state insurance law by offering coverage for criminally negligent acts with a firearm that killed or injured another person. Those insurance companies ultimately paid civil penalties.
