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sl8

(13,749 posts)
Tue Dec 18, 2018, 11:17 AM Dec 2018

Federal court says NY ban on nunchucks unconstitutional

From https://www.apnews.com/f6fc6ffac3ca4eaa9dd4ff07be0c7c48

Federal court says NY ban on nunchucks unconstitutional

By DEEPTI HAJELA
yesterday


FILE - In this April 6, 2017, file photo, objects confiscated from passengers' carry-on luggage, including nunchucks, bottom, are displayed at Seattle-Tacoma International Airport in SeaTac, Wash. A federal court says New York's ban on nunchucks, the martial arts weapon made famous by Bruce Lee but prohibited in the state for decades, is unconstitutional under the Second Amendment. (AP Photo/Elaine Thompson, File)

NEW YORK (AP) — A 1974 New York state ban on nunchucks that was put into place over fears that youth inspired by martial arts movies would create widespread mayhem is unconstitutional under the Second Amendment, a federal court has ruled.

Judge Pamela Chen issued her ruling Friday in a Brooklyn federal court on the martial arts weapon made famous by Bruce Lee.

The plaintiff, James Maloney, started his legal quest after being charged with possession of nunchucks in his home in 2000. He initially filed a complaint in 2003, and appealed all the way to the U.S. Supreme Court when the case went against him. The Supreme Court in 2010 remanded the case back down to be reconsidered in light of a Second Amendment decision it had made in another case, and Maloney filed an amended complaint later that year.

Maloney had been focused on getting the part of the law overturned that banned nunchucks, two rigid rods connected at one end by a chain or rope, even in private homes.

...



More at link.
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Federal court says NY ban on nunchucks unconstitutional (Original Post) sl8 Dec 2018 OP
Might as well ban tubesocks and padlocks as well nt Azathoth Dec 2018 #1
It's Nunchaku. I hate the redneck pronunciation ... Whiskeytide Dec 2018 #2
The Second Amendment sarisataka Dec 2018 #3
Link to decision: sl8 Dec 2018 #4

Whiskeytide

(4,461 posts)
2. It's Nunchaku. I hate the redneck pronunciation ...
Tue Dec 18, 2018, 11:49 AM
Dec 2018

... versions like "nun chucks" or "numb chucks". Bruce Lee would be mortified!

sarisataka

(18,632 posts)
3. The Second Amendment
Tue Dec 18, 2018, 11:58 AM
Dec 2018

Does not give a person the right to carry nunchucks anywhere for any reason
With this ruling, hot-headed people will turn minor gender benders into kung-fu battles as everyone will whip their 'chucks' out.
What will be next? Nunchucks everywhere for everyone, schools, bars, airplanes, backed by the NNA?

sl8

(13,749 posts)
4. Link to decision:
Tue Dec 18, 2018, 12:25 PM
Dec 2018

Maloney v. Singas (PDF):
https://news.guns.com/wp-content/uploads/2018/12/nunchaku-decision.pdf


...

Accordingly, the Court finds that Section 265.01(1), as applied to nunchaku, does not
survive intermediate scrutiny and must be invalidated as unconstitutional. However, this ruling
merely reflects Defendant’s failure to present sufficient evidence and argument to support Section
265.01(1)’s constitutionality as applied to nunchaku and “do[es] not foreclose the possibility that
[the government] could in the future present evidence to support such a prohibition[],” or some
lesser restriction, on the possession and/or use of nunchaku in New York. NYSRPA, 804 F.3d at
257 n.73.

...


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