A federal judge has ruled that New York state’s ban on nunchucks is unconstitutional. While this ruling may seem like it only applies to the martial arts weapon and those in New York, it actually has a broader application, which is really bad news for Democrats.
Nunchucks aren’t the most practical weapons and are more likely to injure the user than an opponent, but they are protected by the 2nd Amendment right to keep and bear arms. So, the recent ruling should also mean assault weapons and magazine bans are equally unconstitutional.
The LA Times reports that way back in 1974, the state of New York banned nunchucks out of worries that people would injure themselves with the two sticks attached by a rope or chain. In the 70s, martial arts movies were all the rage and people wanted to be Bruce Lee beating the crap out of Kareem Abdul Jabbar with a pair of nunchucks. But, lawmakers quickly put a damper on that.
Because of the ban, James Maloney was charged and convicted with possession of nunchucks in his own home in 2000. He appealed this conviction all the way to the Supreme Court, who remanded to the lower court for the 2nd Amendment implications to be considered. It went back to a lower court and a decision finally came in.
Federal Judge Pamela Chen ruled on Friday in a Brooklyn court that nunchucks are protected by the 2nd Amendment, finally striking down New York’s unconstitutional ban.
What makes this of interest to gun-banners and freedom-lovers alike is how Judge Chen came to this decision. Maloney showed the court that “at least 64,890 metal and wood nunchaku were sold on the retail market in the United States between 1995 and 2018,” making them “in common use.” That’s significant because of a Supreme Court decision.
In the DC v. Heller case, the Supreme Court ruled that gun ownership is an individual right not tied to service in the military or membership in a militia. In the ruling, Chief Justice Antonin Scalia also said that weapons “in common use for lawful purposes” are protected by the 2nd Amendment and cannot be banned.
Judge Chen cited DC v. Heller in ruling that nunchucks are in common use. Now, here’s the part that will drive anti-gun liberal politicians crazy. If 64,890 nunchucks in private hands make them “in common use,” how common are the millions of semi-automatic rifles — that liberals call “assault weapons” — in private hands?
The AR-15 isn’t called “America’s rifle” for nothing. NBC estimates that there are 15 million AR-15s owned in this country. That number is likely on the low end, and it doesn’t include all of the AK-style and other scary-looking semi-automatic rifles in private hands. Tens of millions is a hell of a lot more common than tens of thousands.
Along those same lines, there have to be tens of millions of normal-capacity magazines out there as well. Democrats have banned magazines that hold more than ten rounds in some states and would like to make that a federal law.
If nunchucks were ruled to be “in common use,” then clearly “assault rifles” and normal-capacity magazines are also quite common. Nunchuck bans are unconstitutional because of their common use, therefore “assault weapons” and magazine bans should also violate the 2nd Amendment for the same reason.
This is not the opinion of the NRA or any other pro-gun organization, but rather a federal court ruling. In theory, this nunchuck ruling should void gun and magazine bans in states like California, New York, Maryland, and Massachusetts. It will probably take a separate challenge to get these states’
In the meantime, New Yorkers are free to get their nunchuck freak on and Democrats will cry about the wave of nunchuck-related violence that will never materialize. There may be a few more self-inflicted goose eggs and black eyes, but there defiantly won’t be any mass