"any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict serious injury upon a person bystriking or choking."
On the issue of whether the Second Amendment applies to the States, the Second Circuit ruled:
It is settled law, however, that the Second Amendment applies only to limitations the federal government seeks to impose on this right. [Citations omitted] Heller, a case involving a challenge to the District of Columbia’s general prohibition on handguns, does not invalidate this longstanding principle. . . And to the extent that Heller might be read to question the continuing validity of this principle, we “must follow Presser” because “[w]here, as here, a Supreme Court precedent ‘has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to the Supreme Court the prerogative of overruling its own decisions.’” [Citations omitted] Thus, N.Y. Penal Law §§ 265.00 through 265.02 do not violate the Second Amendment.Whether the plaintiff will seek US Supreme Court review is an open question. However, the passion he brings to the topic of Nunchaku Intolerance on his website suggests that such an appeal is likely.