Maloney v. Rice- the eternal NY nun-chuck coming to a close (hopefully)

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Maloney v. Rice- the eternal NY nun-chuck case coming to a close (hopefully)

    For anyone who does not know about this case. Maloney v. Rice is a challenge to New York's nun-chuck ban. It is and has been litigated pro se by attorney Jim Maloney for 11 years. It is one of the three cases that the Supreme Court accepted cert on as to whether the Second Amendment is incorporated to the States. As we all know the Court took McDonald and stayed this case and Nordyke. Afterwards the McDonald ruling the Supreme Court vacated the ruling of the Second Circuit and the case was remanded back to the Northern District Court in New York. This is a link to his website that links to the lower court docket.

    https://files.nyu.edu/jmm257/public/nunchakulaw/two-cases.html

    https://files.nyu.edu/jmm257/public/rice/

    briefing has been completed and now we are just waiting on the Court to either ask for arguments or enter a decision without them.

    Let's show some support for the last of the three original Second Amendment
    gladiators as he awaits a decision.

    The governments only real argument is nun-chucks are "dangerous and unusual'". if the court buys that, I hope he takes this case back to the Second because this guy deserves a win. Moreover if the government thinks it can ban two pieces of wood attached together with a chain what do you think it really feels about guns.
     

    abean4187

    Ultimate Member
    Apr 16, 2013
    1,327
    Let’s hope this law doesn’t get overturned. Before this law happened, nun-chuck beating were rampant in the streets. Gangs of ninjas ran wild and did what they pleased…under the shadow of the night… to any poor innocent children caught out too late. Please, think of the children.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    We gotta do something about all the nunchaku attacks lately! It's for the children!!!



    michelle-obama-nunchucks.jpg
     

    john_bud

    Ultimate Member
    Sep 23, 2009
    2,045
    Yeah, soooo many bloody nun-chaku massacres were happening that they had to outlaw them.

    Only in NY.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    http://www.youtube.com/watch?v=dMcY2whaf6c

    I can't figure out what's been going on in this case since it was remanded after McDonald. Can someone explain?

    basically he has been fighting at the district court to show a complete ban on nunchucks is unconstitutional in light of the Supreme Court finding there is a individual right to bear arms. He has finished briefing and is waiting for a ruling form the district court or for oral arguments to be scheduled.
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    I can see why NY politicians might fear nun chucks.
     

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    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    basically he has been fighting at the district court to show a complete ban on nunchucks is unconstitutional in light of the Supreme Court finding there is a individual right to bear arms. He has finished briefing and is waiting for a ruling form the district court or for oral arguments to be scheduled.

    No-I meant why so long after the remand? Is this just another painfully slow District Court we're dealing with?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,880
    Is this the same Jim Maloney , the noted Martial Artist and Gun Guy ? Or just a coincidence in a state with a substantal porportion of post Potato Famine refugees and their descendents ?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,361
    SoMD / West PA
    basically he has been fighting at the district court to show a complete ban on nunchucks is unconstitutional in light of the Supreme Court finding there is a individual right to bear arms. He has finished briefing and is waiting for a ruling form the district court or for oral arguments to be scheduled.

    In other words:

    The 2CA has ignored the SCOTUS remand, while stating the 2A does not apply outside the home?

    That screams of judicial corruption!
     

    aireyc

    Ultimate Member
    Jan 14, 2013
    1,166
    Would it be possible to argue that the 2A extends outside the home by looking at restrictions on other types of arms?
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    He isn't even asking for the right to extend outside the home. He is asking to be able to own a pair of nunchucks in his own home to train with and for lawful self defense.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    In other words:

    The 2CA has ignored the SCOTUS remand, while stating the 2A does not apply outside the home?

    That screams of judicial corruption!

    It is more like the Supreme Court did not say nun-chucks are protected, but arms are, so the district court has to figure out if nun-chucks are arms and if they are protected.
     

    knownalien

    Ultimate Member
    Jan 3, 2010
    1,793
    Glen Burnie, MD.
    im all for being able to own pistols and bazzookas, but waking up every morning knowing i could get kilt by a piece of wood scares the living shizznit out of me. plus i became used to knowing if someone was happy to see me or not. without this ban i'll have to once again learn to ask "is that a pair of nun chucks in your pocket or are you just happy to see me?"

    Sent from my SPH-L710 using Tapatalk
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    http://michellawyers.com/maloney-v-rice/

    Its still going. You got to respect Jim Maloney. He is a credit to the martial arts community. There have been some updates due to Caetano. This case is still headed for trial near future some 13 years after the filing of the complaint. Check the docket most recent activity is extension for discovery for nunchuck numbers.
     

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