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« Sandy Froman on Sonia Sotomayer | Main | local media on Mexican gun problems »

Petition for cert. in 2nd Cir incorporation case

Posted by David Hardy · 26 June 2009 06:25 PM

PDf is here.

5 Comments | Leave a comment

M-K | June 26, 2009 8:46 PM | Reply

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!

Melancton Smith | June 26, 2009 10:17 PM | Reply

He owned a pair of nunchuks.

Kman | June 26, 2009 10:38 PM | Reply

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.

M-K | June 27, 2009 1:09 PM | Reply

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.

Julian | June 27, 2009 3:41 PM | Reply

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.

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