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Petition for cert. in 2nd Cir incorporation case
PDf is here.
Comments
Anyone know the details of Maloney's firearm possession? He doesn't seem to have been charged with illegal possession, but the brief doesn't explain if his gun(s) were registered/licensed.
Otherwise this is a great case!
Posted by: M-K at June 26, 2009 08:46 PM
He owned a pair of nunchuks.
Posted by: Melancton Smith at June 26, 2009 10:17 PM
And he wasn't even carrying the nunchucks. They were in his home. He is a martial artist. And an attorney. Nunchucks are completely banned by NY State Law - not legal anywhere in the state for any reason. This could be an extremely great case to make good precedent. "Arms" means more than firearms.
Posted by: Kman at June 26, 2009 10:38 PM
Read the brief. The police also found three handguns in his safe. No explanation if they were registered/licensed, and no indication that he was charged with their illegal possession.
Posted by: M-K at June 27, 2009 01:09 PM
Maloney was ultimately not charged with the offense of possession but was ordered to destroy the chucks. He sued for declaratory relief so that he could once again enjoy the RKBA. So he is not appealing a criminal conviction but trying to make sure he doesn't get one if he gets new nunchaku.
Posted by: Julian at June 27, 2009 03:41 PM
