United States Second Circuit

In amended complaint seeking declaration that N.Y. Penal Law section 265 through 265.02 are unconstitutional for punishing possession of nunchakus in one's home, grant of defendant-state attorney general's motion to dismiss and motion for judgment on the pleadings are affirmed over claims that the state statutory ban on possession of nunchakus violated: 1) the Second Amendment because it infringed on plaintiff's right to keep and bear arms; and 2) the Fourteenth Amendment because it lacked rational basis.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

Court

• United States Second Circuit

Counsel