NY Law Banning Nunchucks Declared Unconstitutional

sgt1372

sgt1372

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A recent ruling in Fed District Court declared NY's law banning the possession of nunchucks (even in your home) unconstitutional under the 2nd Amendment.

See: https://www.washingtonpost.com/nati...endment/?noredirect=on&utm_term=.0d8865f7be1c

The ruling raises the possibility of bringing a similar lawsuit to challenge state/local laws banning the possession of switchblades and balisongs, which are based on similar reasoning as those that have banned nunchucks. Anyone want to take up the mantle?
 
Balisongs aren't illegal in NY. Only knives that are illegal as far as I know are switchblades, gravity knives, sword canes, and trench knives with knuckles. People with fishing and hunting licenses can own and use switchblades though in the course of their activities.

Knife Rights has been challenging NY's gravity knife law along with the NYC "wrist flick" tests for a good while now. There have been some setbacks and appeals and it looks like their challenge might end up being heard by the US Supreme Court.
 
This ruling determining that a non-firearm weapon in "common use" and "typically possessed by law-abiding citizens for lawful purposes" is protected by the Second Amendment was well reasoned and correctly decided, in our opinion. As such, it is certainly likely to be cited as a persuasive authority in other non-firearm Second Amendment cases, including those involving knives.

It does not set a binding precedent. Other federal and state courts have decided similar 2A cases involving knives and non-firearm weapons differently. The U.S. Supreme Court in Caetano v. Massachusetts (2106) decided that a stun gun was covered by the Second Amendment.

It does add yet another cite for the notion of knives as arms under the Second Amendment. More on the subject can be found in the law review article "Knives and the Second Amendment" authored by noted Second Amendment scholars Dave Kopel, Clayton Cramer and Joe Olson: https://kniferights.org/legislative-update/knives-and-the-second-amendment-published/

The decision can be read at: https://kniferights.org/wp-content/uploads/2018/12/Maloney-v-Rice-Decision-Nunchuks.pdf
 
It’s good to know my right to accidentally bonk myself in the head with a stick is enshrined in the Constitution. :D
 
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