NY: Possible 2nd amendment incorporation case

[seamusTX]

The State of New York has a blanket prohibition on the possession of nunchaku (martial arts fighting sticks).

Some years ago, police conducted a warrantless search of a man's home and found a set of nunchaku. They charged him with misdemeanor possession. His case dragged through the courts for three years.

He sued the state, claiming that the ban on nunchaku violated the 2nd amendment. Most recently, the United States Court of Appeals for the Second Circuit held that the 2nd amendment did not apply to states.

The case is now on course to go to the Supreme Court.

Kirkland & Ellis is taking the case pro bono.

http://www.nunchakulaw.com/" onclick="window.open(this.href);return false;

http://schlissellaw.wordpress.com/2009/ ... -the-case/" onclick="window.open(this.href);return false;

- Jim

[Liberty]

The State of New York has a blanket prohibition on the possession of nunchaku (martial arts fighting sticks).

Some years ago, police conducted a warrantless search of a man's home and found a set of nunchaku. They charged him with misdemeanor possession. His case dragged through the courts for three years.

He sued the state, claiming that the ban on nunchaku violated the 2nd amendment. Most recently, the United States Court of Appeals for the Second Circuit held that the 2nd amendment did not apply to states.

The case is now on course to go to the Supreme Court.

Kirkland & Ellis is taking the case pro bono.

http://www.nunchakulaw.com/" onclick="window.open(this.href);return false;

http://schlissellaw.wordpress.com/2009/ ... -the-case/" onclick="window.open(this.href);return false;

I wonder if the NRA will be supportive of this case. This could have some pretty important ramifications.

[seamusTX]

The NRA ILA does not mention this case on their web site.

The 2nd amendment refers only to the right to keep and bear arms. In the 18th century, that would have meant mainly swords and rifles.

In later legislation, firearms and other types of weapons have been treated differently. In Texas we can carry long arms with few restrictions and get a concealed handgun license, but we can't legally carry Bowie knives.*

It is possible that this case could result in a declaration that nunchaku are not arms protected by the 2nd amendment, and nothing significant would come of the case.

*I am aware of the argument that 46.15 allows a person with a CHL to carry other types of weapons that are prohibited by 46.02. Get back to me when that position is upheld on appeal.

- Jim

[Liberty]

The NRA ILA does not mention this case on their web site.

The 2nd amendment refers only to the right to keep and bear arms. In the 18th century, that would have meant mainly swords and rifles.

In later legislation, firearms and other types of weapons have been treated differently. In Texas we can carry long arms with few restrictions and get a concealed handgun license, but we can't legally carry Bowie knives.*

It is possible that this case could result in a declaration that nunchaku are not arms protected by the 2nd amendment, and nothing significant would come of the case.

*I am aware of the argument that 46.15 allows a person with a CHL to carry other types of weapons that are prohibited by 46.02. Get back to me when that position is upheld on appeal.

- Jim

It seems to me that this is almost exactly the same as the Heller case, except that it refers to a state instead of a a federal district. The plaintiff isn't asking to carry only for the right to own. I can't see why numchucks should be held to a higher standard than handgun.

The challange of this case though is that New York claims that first amendment may apply to the Federal government and its districts, It doesn't apply to the states. If the Supreme court hears this case and finds in favor of New York, we would be faced with a major setback. Winning this case might set gun grabbers back 50 years. I can't see how the NRA can ignore it. They should have learned with Heller these cases will procede with or without their co-operation.

[seamusTX]

I can't see why numchucks should be held to a higher standard than handgun.

There is some wiggle room for nunchaku being classified as "weird" because normal white people don't own them. Similar faulty logic has resulted in bans on brass knuckles, switchblades, and other weapons that are largely thought to be used by gangsters, Negroes, and Mexicans.

If the Supreme court hears this case and finds in favor of New York, we would be faced with a major setback.

I can't see that they would hold in favor of the State of New York. If they are hot to incorporate the 2nd amendment, and if this case does not have some booby-trap that I don't recognize, they will do so.

Otherwise they will punt and wait for a better case. The Chicago handgun ban is coming up.

- Jim