Sunday, January 27, 2019

A Minor Victory

Maloney v. SINGAS, (ED New York 2018) No. 03-CV-786 (PKC)(AYS). struck down a New York ban on nunchaku possession:
Considering the scant evidence presented, the Court finds that Defendant has not met her burden to exclude nunchaku from the ambit of Second Amendment protection. Simply put, Defendant does not contradict the contention that the nunchaku's primary use, which Defendant concedes is as "a tool from the sphere of martial arts" (Dkt. 199, at 10), is a lawful one. To the extent any evidence was offered at trial regarding the "subjective motives of [nunchaku] owners," the Court has considered the testimony of Plaintiff himself, Pelletteri, and Orcutt as further support for the conclusion that the typical possession of nunchaku in this country is for recreational and other lawful purposes.
I am told by an attorney friend that the deadline for Nassau County to appeal to the 2nd Circuit has expired.  I am looking forward to the newly Trumpified Supreme Court hearing New York State Rifle & Pistol Association, Inc. v. Cuomo ("NYSRPA") 804 F. 3d 242 (2d Cir. 2015).

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