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Thread: Can AZCDL work on getting nunchucks legal?

  1. #1
    Regular Member sharkey's Avatar
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    Can AZCDL work on getting nunchucks legal?

    I don't carry or own nunchaku but every time I see that law I cringe.

    Great knife laws, great gun laws, but nunchucks ...... Oh no!

    It's embarrasing.

    If they were legal and I wanted some I would open carry them ..... promise

    I forgot about that law but I was trying to see if something like tannerite would be considered a prohibited weapon or firework here. I'm still not sure either way on that one.
    Last edited by sharkey; 06-30-2012 at 04:27 AM. Reason: feigned attempt to make relevant to open carry

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by sharkey View Post
    I don't carry or own nunchaku but every time I see that law I cringe. Great knife laws, great gun laws, but nunchucks ...... Oh no! It's embarrasing. If they were legal and I wanted some I would open carry them ..... promise. I forgot about that law but I was trying to see if something like tannerite would be considered a prohibited weapon or firework here. I'm still not sure either way on that one.
    Sharkey - I apologize. I am not famliar with the statute banning nunchucks. Can you direct me to it?

    Thanks!
    Fred


  3. #3
    Regular Member sharkey's Avatar
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    13-3101 8 v

    8. "Prohibited weapon":

    (a) Includes the following:

    (i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.

    (ii) A device that is designed, made or adapted to muffle the report of a firearm.

    (iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.

    (iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.

    (v) An instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self-defense.

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by sharkey View Post
    Thanks for the cite! I'll bring up the issue to the AzCDL Board.

    Feel free to contact any of us directly Dave (president@azcdl.org) is our chief lobbyist and the person most savvy about getting laws passed.

    Fred

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    Regular Member hdwizard's Avatar
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    Quote Originally Posted by sharkey View Post
    I don't carry or own nunchaku but every time I see that law I cringe.

    Great knife laws, great gun laws, but nunchucks ...... Oh no!

    It's embarrasing.

    If they were legal and I wanted some I would open carry them ..... promise

    I forgot about that law but I was trying to see if something like tannerite would be considered a prohibited weapon or firework here. I'm still not sure either way on that one.
    Re. nunchucks, I'm certainly not averse to giving it the ol' college try, but with our current Governor, I wouldn't put very good odds on a signature. Law enforcement will hate the very thought of it, and that's pretty much the kiss of death where Jan is concerned.

    Re. tannerite, most LE agencies in AZ consider it a firework, one that is not allowed under current law, and will confiscate it if they catch you using it. Many will cite you for a violation of local fireworks ordinances as well.

    Caveat emptor, as always. I'm not a lawyer, but I do play a lobbyist at the capitol ...

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    Quote Originally Posted by sharkey View Post
    13-3101 8 v

    8. "Prohibited weapon":

    (a) Includes the following:
    ...
    (iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
    ...
    That's interesting. I thought full-auto weapons were legal in Arizona.

  7. #7
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by sharkey View Post
    (v) An instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self-defense.
    I am guessing the only reason there has not been a challenge is due to lack of popularity of nunchaku. Honestly outlawing a system of self-defense is clearly unconstitutional. It is like they wrote just so it would get challenged.

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    I am guessing the only reason there has not been a challenge is due to lack of popularity of nunchaku. Honestly outlawing a system of self-defense is clearly unconstitutional. It is like they wrote just so it would get challenged.
    Usually it's a way to make an easy arrest on certain segments of the population (i.e., minorities).

    When we (AzCDL) pushed for Constitutional Carry, an objection from members of law enforcement was that, by making the permit optional, it would take away an easy arrest tool.

    Fred

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    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by randian View Post
    That's interesting. I thought full-auto weapons were legal in Arizona.
    They are as long as you jump through the federal hoops. I'm not familiar with the statues, but in Arizona you can own Class III (or is it II) weapons if you can legally do so under federal law.

    Fred

  10. #10
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by azcdlfred View Post
    Usually it's a way to make an easy arrest on certain segments of the population (i.e., minorities).

    When we (AzCDL) pushed for Constitutional Carry, an objection from members of law enforcement was that, by making the permit optional, it would take away an easy arrest tool.

    Fred
    I get that, but they put it into the law that it was a system of self defense, something SCOTUS has ruled is a right. The wording is just begging for a challenge.

  11. #11
    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    I get that, but they put it into the law that it was a system of self defense, something SCOTUS has ruled is a right. The wording is just begging for a challenge.
    Challenges take tons of money to bet on what amounts to a coin flip. And, you need to find someone willing to get arrested and possibly jailed to start the court challenge.

    The more direct and less costly path is via the legislature to change the law.

    Fred

  12. #12
    Regular Member sharkey's Avatar
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    Quote Originally Posted by randian View Post
    That's interesting. I thought full-auto weapons were legal in Arizona.
    Keep scrolling. Same statute, go all the way down to B

    B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are registered in the national firearms registry and transfer records of the United States treasury department or any firearm that has been classified as a curio or relic by the United States treasury department.

  13. #13
    Regular Member sharkey's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    I get that, but they put it into the law that it was a system of self defense, something SCOTUS has ruled is a right. The wording is just begging for a challenge.
    Here's a current challenge in NY. I'm skimming it now. ETA ... ughh, the potential saviour of Nun chucks is gun bashing in the pdf.

    https://files.nyu.edu/jmm257/public/...at-para-59.pdf

    https://files.nyu.edu/jmm257/public/rice/

    and more ETA .. Arizona case law ...State v. Swanton, 629 P.2d 98, 99 (Ariz. Ct. App.
    1981). I can't find a good link though.
    Last edited by sharkey; 07-03-2012 at 07:27 PM.

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    Regular Member Sig229's Avatar
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    Christ sakes, even when I lived in the socialist anti gun state of Maryland we were allowed to own Nunchuks.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

  15. #15
    Regular Member sharkey's Avatar
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    Quote Originally Posted by Sig229 View Post
    Christ sakes, even when I lived in the socialist anti gun state of Maryland we were allowed to own Nunchuks.
    Interesting. A curfew on the hours a minor can carry a dangerous weapon.

    http://law.justia.com/codes/maryland...title-1/4-101/
    Last edited by sharkey; 07-04-2012 at 03:09 AM.

  16. #16
    Regular Member sharkey's Avatar
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    I'm derailing my own thread but storage laws are horrible.

    http://law.justia.com/codes/maryland...title-1/4-104/

  17. #17
    Regular Member rscottie's Avatar
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    I don't think any self-defense tool should be illegal.

    I tried to "work" numchucks a couple of times.

    I should have stopped after whacking myself the first time. The second time almost knocked me out.

    So, if someone has the skills, they can have them!

    I'll keep my .45!

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    Regular Member Freiheit417's Avatar
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    Skills are good.

    "You know, like nunchuku skills, bow hunting skills, computer hacking skills... Girls only want boyfriends who have great skills." - Napoleon Dynamite

    Sorry, couldn't resist a little humor...
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    *Freedom subject to change depending on jurisdiction and availability. Some freedoms may not be available due to local political expedience or prevailing political correctness. Please check Federal, State, County, City, or any other special district for applicable laws governing the extents of freedoms prior to purchase.

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