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View Full Version : Federal court says NY ban on nunchucks unconstitutional



roadmaster
12-17-2018, 11:49 PM
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.
In her ruling, Chen said the court couldn’t simply take that part out, and ruled that the state’s law as it pertained to possessing nunchuks as well as to manufacturing, transporting or disposing of them was in violation of the Second Amendment.
The ruling went over the history of the ban, and said it “arose out of a concern that, as a result of the rising popularity ‘of ‘Kung Fu’ movies and shows,′ ‘various circles of the state’s youth’ — including ‘muggers and street gangs’ — were ‘widely’ using nunchaku to cause ‘many serious injuries.’”

https://apnews.com/f6fc6ffac3ca4eaa9dd4ff07be0c7c48?utm_campaign=Soci alFlow&utm_medium=APEastRegion&utm_source=Twitter

ODB
12-17-2018, 11:55 PM
The basis of the rulings are dumb.

Captain Obvious
12-17-2018, 11:58 PM
https://www.youtube.com/watch?v=HRw-B1fLPTI

ODB
12-18-2018, 12:00 AM
Let the kids have their 'chucks.

roadmaster
12-18-2018, 12:04 AM
I use to love these and was (ok) back in the 70's

Peter1469
12-18-2018, 05:36 AM
https://www.youtube.com/watch?v=HRw-B1fLPTI
The Court should dismiss the case as being moot. Nobody used nun-chucks any more.

https://www.youtube.com/watch?v=3I_Ds2ytz4o

stjames1_53
12-18-2018, 06:11 AM
I wonder how many times nun-chucks have been used in any crime.................

MMC
12-18-2018, 11:04 AM
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.
In her ruling, Chen said the court couldn’t simply take that part out, and ruled that the state’s law as it pertained to possessing nunchuks as well as to manufacturing, transporting or disposing of them was in violation of the Second Amendment.
The ruling went over the history of the ban, and said it “arose out of a concern that, as a result of the rising popularity ‘of ‘Kung Fu’ movies and shows,′ ‘various circles of the state’s youth’ — including ‘muggers and street gangs’ — were ‘widely’ using nunchaku to cause ‘many serious injuries.’”

https://apnews.com/f6fc6ffac3ca4eaa9dd4ff07be0c7c48?utm_campaign=Soci alFlow&utm_medium=APEastRegion&utm_source=Twitter

Good.....a lot of Law enforcement doesn't want them out there on the streets. As their tonfas aren't a good enough equalizer.

Martial Art Schools will be happy with the ruling too.

MisterVeritis
12-18-2018, 11:05 AM
How can we pretend it is justice when it takes a generation to get it? Eighteen years?

The Xl
12-18-2018, 01:05 PM
Why the fuck would anyone ban nunchu-- oh, that's right. It's New York.

Hoosier8
12-18-2018, 01:49 PM
I use to love these and was (ok) back in the 70's
Same here, they were very popular then.

Admiral Ackbar
12-18-2018, 01:58 PM
The real point here is that the 2nd Amendment applies to the right to keep and bear arms. Arms are not just firearms. In UK they are going hard after knives. the NRA has put out good info on the second front of the Second Amendment if you will. That second front is knives and other 'Arms"

DGUtley
12-18-2018, 02:22 PM
Brass knuckles are illegal in Ohio. I think we should now move to legalize Brass knuckles for self defense? (R.C. 2923.20) I have called Sherrod Brown to support the civil right of self defense by brass knuckles.

24887

Captain Obvious
12-18-2018, 02:26 PM
Brass knuckles are illegal in Ohio. I think we should now move to legalize Brass knuckles for self defense? (R.C. 2923.20) I have called Sherrod Brown to support the civil right of self defense by brass knuckles.

24887

These are things that should be constitutionally challenged now that Trump is putting real justices in place replacing activist courts that previously upheld this shit.

stjames1_53
12-18-2018, 02:54 PM
Brass knuckles are illegal in Ohio. I think we should now move to legalize Brass knuckles for self defense? (R.C. 2923.20) I have called Sherrod Brown to support the civil right of self defense by brass knuckles.

24887

I used to carry this

http://static1.bigstockphoto.com/thumbs/5/2/1/large2/1257680.jpg

hard to get into trouble with these

MMC
12-18-2018, 04:16 PM
I used to carry this

http://static1.bigstockphoto.com/thumbs/5/2/1/large2/1257680.jpg

hard to get into trouble with these

I had a buddy that used a roll of quarters. One time I got 3 bucks after he was done and got a pack of cigarettes. Which I never had to pay him back either. :grin:

Peter1469
12-18-2018, 05:31 PM
I used to carry this

http://static1.bigstockphoto.com/thumbs/5/2/1/large2/1257680.jpg

hard to get into trouble with these

A small leather pouch with enough string filled with marbles works.

Admiral Ackbar
12-20-2018, 02:53 PM
When I was in HS I went to Hockey game and was given a broken stick by Andre' St. Laurent. My brother and I took the stick home and sawed off the broken parts and used electrical tape to strap a giant bolt to the end of it.

Andre's name was visible on the stick part.

Kept that in my car for years until I think I traded the car in and forgot to get it from under the seat.

We called the stick.. "Andre'" of course.

I miss Andre'

24891

donttread
12-20-2018, 08:35 PM
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.
In her ruling, Chen said the court couldn’t simply take that part out, and ruled that the state’s law as it pertained to possessing nunchuks as well as to manufacturing, transporting or disposing of them was in violation of the Second Amendment.
The ruling went over the history of the ban, and said it “arose out of a concern that, as a result of the rising popularity ‘of ‘Kung Fu’ movies and shows,′ ‘various circles of the state’s youth’ — including ‘muggers and street gangs’ — were ‘widely’ using nunchaku to cause ‘many serious injuries.’”

https://apnews.com/f6fc6ffac3ca4eaa9dd4ff07be0c7c48?utm_campaign=Soci alFlow&utm_medium=APEastRegion&utm_source=Twitter


I support this. It's high time we recognized that bearing arms doesn't just mean guns.

donttread
12-20-2018, 08:39 PM
I wonder how many times nun-chucks have been used in any crime.................

I'd guess under 100 with 99 of them being two teens play fighting with them and it got out of control. LOL

Peter1469
12-21-2018, 04:49 AM
I support this. It's high time we recognized that bearing arms doesn't just mean guns.

Actually it meant the typical light infantry kit of the day. Rifles, pistols, knives, etc. as opposed to cannons, artillery, etc.

donttread
12-21-2018, 11:24 AM
Actually it meant the typical light infantry kit of the day. Rifles, pistols, knives, etc. as opposed to cannons, artillery, etc.


As documented where? I'd like to see that. I've never bought the "Militia only" interpretation anyway, but I would like to see the basis for what you just pointed out.

donttread
12-21-2018, 11:25 AM
The real point here is that the 2nd Amendment applies to the right to keep and bear arms. Arms are not just firearms. In UK they are going hard after knives. the NRA has put out good info on the second front of the Second Amendment if you will. That second front is knives and other 'Arms"


Well put!

donttread
12-21-2018, 11:29 AM
Brass knuckles are illegal in Ohio. I think we should now move to legalize Brass knuckles for self defense? (R.C. 2923.20) I have called Sherrod Brown to support the civil right of self defense by brass knuckles.



24887


Agreed. But due to their history as more of an offensive than defensive weapon it should be known that assault with them will be considered assault with a deadly weapon. How about that rights and responsibility at the same time! Not something modern day Americans know much about. In the mean time get yourself a roll of pennies.

MisterVeritis
12-21-2018, 11:49 AM
As documented where? I'd like to see that. I've never bought the "Militia only" interpretation anyway, but I would like to see the basis for what you just pointed out.
It is as if we have not had these discussions time and again year after year.

Arms are individual weapons. They are weapons carried by infantrymen. Arms do not include crew-served weapons. Crew-served weapons were always (with a few exceptions) provided by the government (the town, the country or the state). Individual weapons were provided by the individual (and/or by the government).

Peter1469
12-21-2018, 08:18 PM
As documented where? I'd like to see that. I've never bought the "Militia only" interpretation anyway, but I would like to see the basis for what you just pointed out.

Read the militia acts of the colonies. Read the Constitution and the documents written at that time. Then read the militia acts of the states after the constitution was ratified. It is a lot of stuff, but you will see that the Constitution's 2nd Amendment made zero changes to the status quo in the new US.

donttread
12-22-2018, 12:44 PM
Agreed. But due to their history as more of an offensive than defensive weapon it should be known that assault with them will be considered assault with a deadly weapon. How about that rights and responsibility at the same time! Not something modern day Americans know much about. In the mean time get yourself a roll of pennies.



Sorry about the pennies thing I didn't realize St James had " beat me to the punch" . Yes pun intended.

donttread
12-22-2018, 12:51 PM
Read the militia acts of the colonies. Read the Constitution and the documents written at that time. Then read the militia acts of the states after the constitution was ratified. It is a lot of stuff, but you will see that the Constitution's 2nd Amendment made zero changes to the status quo in the new US.

I like to go with Founder's Quotes when people , including myself, feel the need to interpret the Constitution. Are there any that support your view? If so do you support the "militia only" interpretation of the Second Amendment? Because that has been completely debunked.

Tahuyaman
12-22-2018, 12:51 PM
I wonder how many times nun-chucks have been used in any crime.................

Most people hurt them self when they mess with them.

donttread
12-22-2018, 12:53 PM
It is as if we have not had these discussions time and again year after year.

Arms are individual weapons. They are weapons carried by infantrymen. Arms do not include crew-served weapons. Crew-served weapons were always (with a few exceptions) provided by the government (the town, the country or the state). Individual weapons were provided by the individual (and/or by the government).

1) We are talking about individual weapons in this thread.
2) How are we to defend against tyranny from within with muskets? I mean why not limit us to the arms of the day.
3) Do you have a founder's quote to support your view?

Cletus
12-22-2018, 12:57 PM
Brass knuckles are illegal in Ohio. I think we should now move to legalize Brass knuckles for self defense? (R.C. 2923.20) I have called Sherrod Brown to support the civil right of self defense by brass knuckles.

24887

There are plastic and even Lexan knuckles available now that may let you legally skirt your state's brass knuckle prohibition.

Some are good, some are not as strong as they should be, so shop carefully.

MisterVeritis
12-22-2018, 01:00 PM
1) We are talking about individual weapons in this thread.
2) How are we to defend against tyranny from within with muskets? I mean why not limit us to the arms of the day.
3) Do you have a founder's quote to support your view?
What?

sigh.

stjames1_53
12-22-2018, 01:02 PM
I like to go with Founder's Quotes when people , including myself, feel the need to interpret the Constitution. Are there any that support your view? If so do you support the "militia only" interpretation of the Second Amendment? Because that has been completely debunked.

"I ask sir, what is the militia? It is the whole people except for a few politicians."

- George Mason (father of the Bill of Rights and The Virginia Declaration of
Rights)

donttread
12-22-2018, 01:18 PM
What?

sigh.

Just as I thought. You have no answer to the plain truth