Go Back   Maryland Shooters > Gun Rights and Legislation > National 2A Issues

Notices


Reply
 
Thread Tools Display Modes
Old March 31st, 2014, 06:05 PM #1
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
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/...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.
wolfwood is offline   Reply With Quote
Old April 1st, 2014, 07:22 AM #2
abean4187's Avatar
abean4187 abean4187 is offline
Senior Member
 
Join Date: Apr 2013
Posts: 1,287
abean4187 abean4187 is offline
Senior Member
abean4187's Avatar
 
Join Date: Apr 2013
Posts: 1,287
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.
__________________
SAF Life (Defenders Club), NRA Member
abean4187 is offline   Reply With Quote
Old April 1st, 2014, 07:30 AM #3
Inigoes's Avatar
Inigoes Inigoes is offline
Head'n for the hills
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 35,751
Inigoes Inigoes is offline
Head'n for the hills
Inigoes's Avatar
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 35,751
The 2nd CA is dragging their feet to not accept the 2A as the SCOTUS directed?
__________________
Life is tough, life is tougher when you are stupid.
Inigoes is offline   Reply With Quote
Old April 1st, 2014, 10:01 AM #4
DC-W's Avatar
DC-W DC-W is offline
\_(ツ)_/
 
Join Date: Jan 2013
Posts: 18,714
DC-W DC-W is offline
\_(ツ)_/
DC-W's Avatar
 
Join Date: Jan 2013
Posts: 18,714
We gotta do something about all the nunchaku attacks lately! It's for the children!!!



DC-W is offline   Reply With Quote
Old April 1st, 2014, 06:22 PM #5
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,548
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,548
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?
press1280 is offline   Reply With Quote
Old April 1st, 2014, 06:38 PM #6
TheBert's Avatar
TheBert TheBert is offline
The Member
 
Join Date: Aug 2013
Location: Gaithersburg, Maryland
Posts: 2,788
TheBert TheBert is offline
The Member
TheBert's Avatar
 
Join Date: Aug 2013
Location: Gaithersburg, Maryland
Posts: 2,788
Arm equals Arms. Arms are knives, sticks, bows and arrows, guns and boolits, halbards, ...
TheBert is offline   Reply With Quote
Old April 1st, 2014, 06:41 PM #7
zoostation's Avatar
zoostation zoostation is offline


 
Join Date: Jan 2007
Location: Abingdon
Posts: 18,479
Images: 12
zoostation zoostation is offline


zoostation's Avatar
 
Join Date: Jan 2007
Location: Abingdon
Posts: 18,479
Images: 12
still one of my favorites

__________________
"I have been scientifically studying the traits and dispositions of the 'lower animals' (so-called), and contrasting them with the traits and dispositions of man. I find the result humiliating to me." -Mark Twain, 1896.
zoostation is offline   Reply With Quote
Old April 1st, 2014, 09:22 PM #8
john_bud john_bud is offline
Senior Member
 
Join Date: Sep 2009
Posts: 1,967
john_bud john_bud is offline
Senior Member
 
Join Date: Sep 2009
Posts: 1,967
Yeah, soooo many bloody nun-chaku massacres were happening that they had to outlaw them.

Only in NY.
__________________
Still Waiting for America to be Great Again...
john_bud is offline   Reply With Quote
Old April 1st, 2014, 09:32 PM #9
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
Quote:
Originally Posted by press1280 View Post
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.
wolfwood is offline   Reply With Quote
Old April 1st, 2014, 09:33 PM #10
SilverBulletZ06 SilverBulletZ06 is offline
Member
 
Join Date: May 2012
Posts: 102
SilverBulletZ06 SilverBulletZ06 is offline
Member
 
Join Date: May 2012
Posts: 102
Quote:
Originally Posted by john_bud View Post
Yeah, soooo many bloody nun-chaku massacres were happening that they had to outlaw them.

Only in NY.
Don't forget that to get a NYC firearms permit you need to make sure you know that nunchucks and ninja stars are illegal.
SilverBulletZ06 is offline   Reply With Quote
Old April 1st, 2014, 09:43 PM #11
Half-cocked's Avatar
Half-cocked Half-cocked is offline
Senior Member
 
Join Date: Mar 2006
Posts: 22,746
Half-cocked Half-cocked is offline
Senior Member
Half-cocked's Avatar
 
Join Date: Mar 2006
Posts: 22,746
I can see why NY politicians might fear nun chucks.
Attached Images
 
Half-cocked is offline   Reply With Quote
Old April 2nd, 2014, 04:30 AM #12
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,548
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,548
Quote:
Originally Posted by wolfwood View Post
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?
press1280 is offline   Reply With Quote
Old April 2nd, 2014, 05:02 AM #13
Biggfoot44 Biggfoot44 is offline
Senior Member
 
Join Date: Aug 2009
Posts: 12,966
Biggfoot44 Biggfoot44 is offline
Senior Member
 
Join Date: Aug 2009
Posts: 12,966
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 ?
Biggfoot44 is offline   Reply With Quote
Old April 2nd, 2014, 05:06 AM #14
Inigoes's Avatar
Inigoes Inigoes is offline
Head'n for the hills
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 35,751
Inigoes Inigoes is offline
Head'n for the hills
Inigoes's Avatar
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 35,751
Quote:
Originally Posted by wolfwood View Post

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!
__________________
Life is tough, life is tougher when you are stupid.
Inigoes is offline   Reply With Quote
Old April 2nd, 2014, 05:33 AM #15
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
Quote:
Originally Posted by press1280 View Post
No-I meant why so long after the remand? Is this just another painfully slow District Court we're dealing with?
it seems like that and this court is operating dreadfully slow.
wolfwood is offline   Reply With Quote
Old April 2nd, 2014, 11:57 AM #16
aireyc's Avatar
aireyc aireyc is offline
Hapless Moran
 
Join Date: Jan 2013
Location: MD
Posts: 1,086
aireyc aireyc is offline
Hapless Moran
aireyc's Avatar
 
Join Date: Jan 2013
Location: MD
Posts: 1,086
Would it be possible to argue that the 2A extends outside the home by looking at restrictions on other types of arms?
aireyc is offline   Reply With Quote
Old April 2nd, 2014, 08:12 PM #17
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
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.
wolfwood is offline   Reply With Quote
Old April 2nd, 2014, 08:39 PM #18
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,475
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,475
Quote:
Originally Posted by Inigoes View Post
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.
Kharn is offline   Reply With Quote
Old April 2nd, 2014, 08:47 PM #19
knownalien's Avatar
knownalien knownalien is offline
Senior Member
 
Join Date: Jan 2010
Location: Glen Burnie, MD.
Posts: 1,596
knownalien knownalien is offline
Senior Member
knownalien's Avatar
 
Join Date: Jan 2010
Location: Glen Burnie, MD.
Posts: 1,596
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
__________________



SAF member

"When you question nothing, nothing is questionable. -
KA"
Do Not Click Me
Or Me

knownalien is offline   Reply With Quote
Old July 8th, 2016, 02:39 AM #20
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
wolfwood wolfwood is offline
Member
 
Join Date: Aug 2011
Posts: 833
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.

__________________
Please vote for Stephen Stamboulieh for the 2017 NRA Board of Directors
wolfwood is offline   Reply With Quote
Reply

  Home Page > Forum List > Gun Rights and Legislation > National 2A Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 07:54 PM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
2017, Congregate Media, LP Privacy Policy Terms of Service