A New York state court will move forward with a case brought by the state against the National Rifle Association, following an appeals court ruling on Thursday that rejected the powerful pro-gun group’s claim that the probe violated its First Amendment rights.

A panel of five judges in the Appellate Division in Manhattan unanimously ruled that state Attorney General Letitia James has probable cause to investigate the NRA over allegations that it diverted millions of dollars to fund the lavish lifestyles of executives including Wayne LaPierre, its chief executive officer.

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