Via How Appealing, I see that the Second Circuit ruled that New York's law banning possession of nunchuks (or, if you are a colossal nerd, "nunchaku") does not violate the Second or Fourteenth Amendments.
The court made short work of the appellant's argument that the law lacks a rational basis, probably thinking correctly that people seeking to carry nunchuks recreationally should be encouraged to return to the basement and level their Night Elf hunter some more instead. What's slightly more interesting is the court's treatment of the Second Amendment argument. Rather than indulge in the fascinating question of whether the term "arms" extends to weaponry other than firearms, the court simply held that the Second Amendment has not been incorporated — that is to say, it is a right that binds only the federal government, not the state. As the court correctly concedes, the Supreme Court in Heller declined to decide whether Second Amendment rights bind the states, as that question was not before it. Some commentators have suggested that Heller signals that SCOTUS will, in fact, find that the Second Amendment is incorporated through the Fourteenth. This case now squarely presents that question.
I'm not sure if any other cases are in line to present that issue to SCOTUS. It would be highly amusing if the question were presented by a guy with some nunchucks.
Last 5 posts by Ken White
- A Response To Marc: Institutions, Agendas, and the "Culture War" - January 13th, 2016
- Lawyering Is About Service, Not Self-Actualization - January 11th, 2016
- Lawsplainer: Was FAU Prof. James Tracy Fired in Violation of His First Amendment Rights? - January 7th, 2016
- Defy, Defy, Defy. - January 7th, 2016
- President Obama And The Rhetoric Of Rights - January 5th, 2016