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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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Was reading up on McDonald v. Chicago and found a reference to Maloney v. Rice. If we win McDonald does it mean states restrictions on martial arts weapons ownership will also be thrown out?
http://homepages.nyu.edu/~jmm257/mvc.html
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#2
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Nope. We'll still have a prohibition on drive by nunchuckin'...for the children!
Hopefully?
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"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." - Claire Wolfe ![]() |
#3
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The court is still sitting on Maloney. Some suspect that they will remand it back down after McDonald. It will then take specific cases to address those laws concerning the more exotic weapons out there.
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False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. -- Cesare Beccaria http://www.a-human-right.com/ |
#4
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The holding of Maloney will be thrown out insofar as Maloney held that the Second Amendment is not incorporated, but the nunchaku ban and other martial arts weapons bans will remain until those laws are specifically reviewed.
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![]() Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship. |
#5
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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. |
#7
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When they turn, the wheels of justice grind slow.
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#8
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As we've also seen with Palmer/Parker/Wrenn/Peruta/Richards/Baker/etc, the wheels of injustice also grind slowly....
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Never mistake being delusional for being optimistic. ![]() 225+ examples of CCWs Saving Lives. ![]() |
#9
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I've thought about setting up a go fund me for him. He is paying for the trial out of his pocket. Jim is a lawyer representing himself pro se but he is bringing in several experts that he is paying for out of his pocket. Sometimes it just takes an angry American willing to stand for what they believe in. He is a credit to the martial arts community.
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#12
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![]() CA also bans ASP batons. From Volokh's column (emphasis added) (https://www.washingtonpost.com/news/...un-gun-case/): Quote:
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Never mistake being delusional for being optimistic. ![]() 225+ examples of CCWs Saving Lives. ![]() Last edited by Paladin; 07-09-2016 at 7:08 AM.. |
#14
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But the very thought that "2 sticks and a string" constitute "an exotic weapon" is laughable. Much respect for Mr. Maloney |
#15
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Sadly, yes. The Raisuli
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"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 WTS: Model 94 AE 30-30 |
#16
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Well, if banning nunchucks saves just one child... Seriously though years ago when working out at the martial arts I got relatively good with them. I can tell you from experience that no criminal is going to put in the effort to become proficient with them just to use as a weapon. Far to many other weapons that require no practice. And once you stop practicing you lose it. Until your good with them your just a danger to yourself...
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#17
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#18
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Guns don't kill people, Democrats kill people |
#19
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![]() Last edited by BB1776; 08-21-2016 at 5:16 PM.. |
#20
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I highly recommend trying the between the legs manuever to make you never want to pick up a pair. And that was with foam chucks. I can't imagine what a proper octagonal hardwood set would feel like.
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#22
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And my limited understanding of "legalese" after reading all 8 pages.
Is that the new order is another order to kick the can further down the road. ![]() |
#23
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It looks like both sides filed junk 'Findings of Fact and Conclusions of Law' proposals. Neither side did their homework.
As a result, "There Is Insufficient Evidence For The Court To Issue A Declaratory Judgment" and "Neither Party Has Addressed The Level Of Scrutiny To Be Applied". So now, "The Court, therefore, directs the parties to supplement the record with additional briefing and evidence to address the issues and deficiencies identified in this Memorandum & Order". Since the DA will probably pursue the defense of the ban, "the Court will set a conference to discuss scheduling with respect to the discovery and presentation of any additional evidence." The DA was supposed to file notice of intent to pursue the case, 9 days ago. I'll go out on a limb and say they probably did. So the conference will be coming up, who knows when.
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. ![]() "Texans always move them!" General Robert E. Lee, May 6, 1864 - Battle of the Wilderness ![]() Last edited by SkyHawk; 08-24-2017 at 11:47 PM.. |
#24
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Thanks.
That Memorandum & Order was dated July 23rd. It says that the next step is for the defendant to state by Aug 18th whether they intend to file a supplemental briefing and evidence. Do you know if the state did that? (If yes, the plaintiff then is to file a response brief by Oct 22nd.)
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Never mistake being delusional for being optimistic. ![]() 225+ examples of CCWs Saving Lives. ![]() |
#25
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#26
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Wecome to the clusterf*ck now called the American justice system. We will see no relief from the courts when they are composed of those that don't believe in the document they took an oath to uphold. |
#27
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The stupidity of the world never ceases to amaze me. Does anyone know how long it takes before someone can possibly be good at using these weapons? I think the ban was passed to save criminals from killing themselves while trying to use them. A worthless life saved is a great thing in a politician's eyes. It is another vote for them.
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#28
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"we'd like more time to do the work we were supposed to but didn't...but if you order us to, we can come up with our facts immediately"
What a f*cking racket!
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
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