Wednesday, April 29, 2009

Nordyke and The Nunchukas

I stated in my discussion of the 9th circuit's Nordyke ruling, the incorporation language held there may be extended to other states of the plaintiff files an appeal with the Supreme Court of the United States, and if the court decided to hear it, but it appears that we may not have to wait that long.

Somewhat surprisingly, the case now most likely to reach the Court first on that issue will not be about guns, but about “chuka sticks.”  Still, those are treated, at least by New York state, as a personal weapon, and the legislature there has banned even their possession in the home.  Formally named a “nunchaku,” a chuka is two pieces of rigid material joined by a thong or rope.  The legislature found they could be used to injure — or even kill — someone by striking them or choking them with one of the sticks while holding the other.  But martial artists also use them in training exercises.

A Port Washington, N.Y., lawyer, James M. Maloney, was arrested for having a chuka stick in his home nearly nine years ago. His case has become a significant test of whether he had a Second Amendment right to have that weapon for personal use. 

Maloney’s petition, his lawyer wrote, will argue “that the individual right conferred by the Second Amendment should be held incorporated against the states,” through the Fourteenth Amendment.  The Second Circuit, in a decision Jan. 28 (Circuit docket 07-581), dismissed Maloney’s challenge to the New York law.

That conclusion, however, conflicts directly with the Ninth Circuit Court’s decision last Monday in Nordyke, et al., v. King, et al. (Circuit docket 07-15763).   That is the sort of conflict that can lead the Supreme Court to step in to resolve the dispute. If the lawyers in the Nordyke case pursue an early appeal to the Court (a decision not yet made), both cases could be up for consideration together by the Justices.


The Maloney case on “chukas” — and perhaps the Nordyke case on guns, as well — could be ready for the Justices’ action early in the new Term starting in October.

This is particularily interesting, as not only did i bring up Nunchukas in my original discussion of Heller, but because i happen to know that in Arizona, which is in the 9th circuit, there is an outright ban on these particular weapons of ninja self defense. 

So, AZ, do we move now for the restoration of rights involved here, as the 9th circuits holding of incorporation in this district already primes the ground for the dismissal of that unjust law rooted in racist anti-turtle history, do we wait to see if a Nordyke appeal tosses out the incorporation talk or reinforces it,  or if the supreme court hears Maloney and makes it abundantly clear that not only do such radical awesome tiny pieces of wood connected with a little chain not only qualify as "arms" but that the second amendment is in fact held to be incorporated against the states and their status, in all cases, should be legal? 

What to do?

Untill y'all figure it out, ill be at the dojo, getting ready to take on the Foot Clan in the open again, its been rough having to hide my  quest all these years...

1 comment:

Jay21 said...

his lawyer wrote, will argue “that the individual right conferred by the Second Amendment should be held incorporated against the states,” through the Fourteenth Amendment.

Damned if you do damned if you don't. This is a loose loose for us.
Maloney wins and we once again have to assert that the Federal government has authority over the states.
Maloney loses and it is another step closer to any federal disarmerment.

Dammit where did I leave my Caey Jones hockey mask?