NY Nunchuck Law Struck as Unconstitutional.

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Jim did it. After 15 years of litigation Jim overturned the nunchuck ban. Court ruled in his favor today.


    I came to support him at the final hearing two weeks ago. This is us right after Court. Jim Maloney on the left. If there is an appeal I am going to take care of it for JIm

    https://scontent-lax3-1.xx.fbcdn.ne...=e5887af7dc8388eb322a77d72bb7eac4&oe=5CA79589
     

    Attachments

    • Maloney V Rice Decesion.pdf
      341.9 KB · Views: 349
    Last edited:

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,499
    God's Country
    Wow amazing dedication to a cause.

    But on the downside....

    I guess the’ll be bands of millennial nunchuck wielding Antifa to contend with now.

    (Somebody please find the appropriate GIF for me)
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,499
    God's Country
    On a serious note, what do you think the states Immediately and longer term responses are likely to be?
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,002
    Harford County
    A friend of mine made a set of nunchucks in wood shop in Junior High School.
    In my very limited experience with them I found that the person most likely to be injured by them was the person using them. At least that's what happened when I tried to use them!
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    It would be nice to see another court apply the same standard to 2A issues:

    As Plaintiff correctly argues,
    “it is neither the province nor the duty of a federal court to refrain from constitutional
    adjudication in perceived deference to prior state legislative inaction, especially, where, as here,
    such prior inaction can readily be remedied if the legislature deems it necessary to take appropriate. The Court applies a clear and convincing evidence standard of proof.


    So the Court is saying the burden is on the Government, with "clear and convincing" as the standard, not just preponderance, that a weapon is unusual and unusually dangerous, to fall outside 2A protection. It looks like they simply brush consideration of the "common use" standard aside and concentrated on "not typically possessed by law-abiding citizens for lawful purposes." for whether a state has successfully rebutted the assumption of 2A coverage.

    If the same logic and standard is applied to mag bans, none would remain standing. Unfortunately this is only a District Court, and I can't imagine NY not taking it to Circuit on appeal. And that's where we almost always lose. Because, as we all know, as soon as criminals hear the ban has been lifted, there will be instant nunchucku mayhem throughout NY.
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,499
    God's Country
    What is concerning long term is that the term “Unusual and Uncommon” will Always apply to new technology.

    If this standard is to become the bar for measuring 2A applicability we have a decent leg to stand on right now when fighting to protect Semi-Auto firearms and magazines with a capacity greater than Zero.

    However future generations will be fighting criminals and tyrannical governments armed with Lasers, rail guns, armored and mechanically assisted soldiers.

    There needs to be a standard set where civilians can never be left behind with respect to future self defense technology.

    Sadly this is a fight that the next generations do not even understand.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,230
    Montgomery County
    A principled victory on a matter of principle. Congratulations!

    I'm sure there have already been dozens of deadly drive-by nunchuckings, of course.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    Hopefully ,like Cetano, this will have broader legal implications.

    Now if only 2CA, 3CA, 4CA and 9CA would take notice of those implications...But I'm guessing it'll take a direct, by-Circuit-Name, Caetano-style, 9-0, per Curiam smackdown for that to happen. Otherwise it's "rational basis disguised as intermediate scrutiny" as usual.
     

    Huckleberry

    No One of Consequence
    MDS Supporter
    Oct 19, 2007
    23,306
    Severn & Lewes
    I’m sure the Left will say that by striking down this unconstitutional law, everybody will be Kung Fu fighting.

    Funky Billy Chin and little Sammy Chung approve of this win
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,915
    Messages
    7,258,424
    Members
    33,348
    Latest member
    Eric_Hehl

    Latest threads

    Top Bottom