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Legal Commentary

: The Volokh Conspiracy

California Trial Court Holds Second Amendment Protects Nunchakus

By Eugene Volokh

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(Eugene Volokh)

So reports Alice Marie Beard ? apparently the judge (in Placer County) just ruled from the bench, with no written opinion. California law generally totally bans all possession of nunchakus, except ?on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense.? I assume the state will appeal.

The memorandum supporting the motion to dismiss is here, and the reply is here; I don?t have the state?s opposition. The defendant is apparently a felon, but the defense lawyer argued that any exception to the Second Amendment for felons only justifies laws that specifically ban possession by felons, and not total bans such as this one.


Full post as published by The Volokh Conspiracy on December 18, 2010 (boomark / email).

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