Maloney v. Rice: The Nunchaku Case and McDonald v. Chicago (USDC Eastern NY)

[Steyr_223]

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

[putput]

Nope. We'll still have a prohibition on drive by nunchuckin'...for the children!

Hopefully?

[Liberty1]

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.

[kf6tac]

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.

[wolfwood]

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.

[IVC]

Holly necro thread - 6.5 years from the last post and not much has happened. So much for our justice system.

[j-shot]

Originally Posted by IVC

Holly necro thread - 6.5 years from the last post and not much has happened. So much for our justice system.

When they turn, the wheels of justice grind slow.

[Paladin]

Originally Posted by j-shot

When they turn, the wheels of justice grind slow.

As we've also seen with Palmer/Parker/Wrenn/Peruta/Richards/Baker/etc, the wheels of injustice also grind slowly....

[wolfwood]

Originally Posted by Paladin

As we've also seen with Palmer/Parker/Wrenn/Peruta/Richards/Baker/etc, the wheels of injustice also grind slowly....

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.

[press1280]

Are there any other localities that ban nunchaku?

[wolfwood]

Originally Posted by press1280

Are there any other localities that ban nunchaku?

California
Arizona,

[Paladin]

Originally Posted by Paladin

As we've also seen with Palmer/Parker/Wrenn/Peruta/Richards/Baker/etc, the wheels of injustice also grind slowly....

Another lesson from all of these long-delayed cases is the wisdom in killing bills before they become law rather than thinking, "Oh, the courts will just shoot them down."

Originally Posted by press1280

Are there any other localities that ban nunchaku?

CA also bans ASP batons. From Volokh's column (emphasis added) (https://www.washingtonpost.com/news/...un-gun-case/):

(Indeed, a Michigan stun gun ban had been struck down in People v. Yanna (Mich. Ct. App. 2012), and a Connecticut ban on, among other things, police batons was struck down in State v. DeCiccio (Conn. 2014), an opinion that cited Yanna favorably.)

I assume Maloney knows about these cases.

[IVC]

Originally Posted by wolfwood

California
Arizona,

I'm shocked, shocked to find CA on the list...

[pacrat]

It will then take specific cases to address those laws concerning the more exotic weapons out there.

I'm sorry, I know the Second Amendment is no laughing matter, and being attacked on all possible fronts by Libs.

But the very thought that "2 sticks and a string" constitute "an exotic weapon" is laughable.

Much respect for Mr. Maloney

[Mulay El Raisuli]

Originally Posted by IVC

Holly necro thread - 6.5 years from the last post and not much has happened. So much for our justice system.

Sadly, yes.


The Raisuli

[32blownhemi]

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...

[Half Cocked]

Originally Posted by 32blownhemi

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...

This. Nunchucks were banned in California right after Bruce Lee used them in his movies. The incredibly ignorant politicos envisioned thugs on the street wielding these things like Bruce Lee and pummeling innocent victims. The stupidity of politicians is infinite.

[gunsandrockets]

http://michellawyers.com/maloney-v-rice/

Apparently the case is now in a discovery phase?

[BB1776]

Originally Posted by 32blownhemi

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...

Too true. I learned that the hard way first hand. My brother in law (lives out of state) has a pair. Having never handled nunchaku before, I brilliantly decided to pick them up and try the 'ol whip under the arm and grab with the other hand trick, just like Bruce Lee. I whacked myself good on the back of the head, much to amusement of my family.

[lowimpactuser]

Originally Posted by BB1776

Too true. I learned that the hard way first hand. My brother in law (lives out of state) has a pair. Having never tired nunchaku before, I brilliantly decided to pick them up and try the 'ol whip under the arm and grab with the other hand trick. I whacked myself good on the back of the head, much to amusement of my family.

You never tried between the legs.

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.

[wolfwood]

Update in the case. Court came out with a new order

[pacrat]

Originally Posted by wolfwood

Update in the case. Court came out with a new order

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.

[SkyHawk]

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.

[Paladin]

Originally Posted by wolfwood

Update in the case. Court came out with a new order

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.)

[wolfwood]

Originally Posted by Paladin

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.)

This is what the government filed. This judge is bending over backwards to give NY a chance to justify their ban.

[Jimi Jah]

Originally Posted by Paladin

As we've also seen with Palmer/Parker/Wrenn/Peruta/Richards/Baker/etc, the wheels of injustice also grind slowly....

More like they don't grind at all anymore. One case is decided (Heller) and some of the states ignore it. No follow up, no clarification, let hang and die by a rouge state's thousand cuts.

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.

[big red]

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.

[Drivedabizness]

"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!

[Merovign]

Y'all just haven't caught up with the legal times.

This law is racist against every 144-year-old who identifies as a Ninja or Shaolin monk.