I've always wondered, why are Nunchaku illegal in so many states and countries?
I am speaking just about the United States laws here, and specifically our laws in Michigan (not legal advice, just personal experience).
First of all, be sure what the law says, and if there has actually been a law passed which refers to any Martial Art weapon, or the Nunchakku by name - even under various names. Many times, police officers will instinctively tell a person that a "weapon" is illegal when there is no such law on the books. Court cases and legal precedence can have some bearing on potential prosecution, but remember to check your sources. Police officers are not attorneys, and often do not fully know what laws have been enacted, or exactly how the law reads. Often times, prosecuting attorneys don't even know what the law is until they look it up. (believe me, I've had experience with this). Furthermore, not all laws that are enacted are constitutional, and might end up being repealed or struck down by the courts, but that is a tough road to take as a defendant!
Secondly, if there are any specific laws on the books about "Martial Art Weapons," or "Nunchakku" then be sure what the law prohibits. Sometimes it is the possession anytime, anywhere. Other laws might allow ownership, but restrict where and how you carry the weapon. In most cases, if a weapon is inherently dangerous (IE: firearm, or long bladed knife or sword), then the weapon may not be carried concealed without a permit. This does not necessarily prohibit one from carrying the weapon in plain sight, or stored in a trunk of a car. However, you must be careful not to cross the line because a weapon that has been legislated as "dangerous" and requiring permits to carry concealed will be considered concealed if it is under a coat, or otherwise hidden from plain view, or if it is anywhere in the passenger area of an automobile, even if it is in plain sight.
Most laws restrict the
use of weapons more than their possession (firearms and sharp implements aside). As mentioned in earlier posts, many household items can be used to harm or kill. Thus, the courts usually view the actions, and intent of the person more of a crime than the mere possession of a blunt instrument.
Back in the 1980s, I was not only teaching Taekwondo, but also weapons, including the nunchakku. I was working part time for a police department, and part time as a security officer at a local outdoor shopping center. I got permission from my boss to carry my nunchakku while in security uniform, in place of my nightstick. It was a rough neighborhood, and I found that the presence of the nunchakku raised doubt in the minds of gang members, and often deterred resistance. If I ever needed to use them (which I never did) I knew they would fend off attacks from multiple opponents, and armed individuals better than a stick.
One local police officer saw the nunchakku in a holster on my belt, and casually said to me, "You know, those are illegal to carry like that." To which I replied, "No they're not." Then I pulled out my wallet, and showed him a copy of (no - not a special permit) the Michigan Supreme Court case that specifically stated "Karate Sticks are not considered a dangerous weapon under the bludgeon category." Now, I don't know if there has been any legislation passed in Michigan since then (none that I am aware of) but I do know they have tried. Mostly, the shuriken (throwing stars) have been the target of attempted legislation in our area, but I do not believe they have been successful yet. Many people believe things are illegal because others say they are. They are only illegal if the law has been passed which specifically says so, or a more general law has been interpreted by the courts to define it as such. The lesson is - do your research.
I have used the nunchakku before and really, I don't see what makes them so dangerous. Of course, they are weapons after all, but so is a bayonet, and so is a rifle, but apparently those are legal
I agree that the Martial Art, and the various weapons, are beautiful in their art-form, but if you do not also see the inherent danger of the nunchakku, then you might not fully understand the weapon. If a pair of sticks were lashed together, and used for a purpose other than fighting (maybe beating the dirt out of rugs on a clothes-line) then perhaps you might not call it a "weapon," but to deny that it is "dangerous" is ignoring its true potential.
Many objects can be used to hurt, or kill someone. However, some are more dangerous because of their natural function, and mechanics. Firearms are considered more naturally dangerous because anyone, of any size, strength, or age can pick one up, and kill another human with the smallest amount of effort - the pulling of a trigger. An infant child can unwittingly kill a full grown adult, with no malice, no intent, and no vicious beating.
A sharp knife, razor, or sword can cut through human flesh, and end a life in seconds. This can be accomplished by the youngest, most unskilled individual, and can be done in one stroke. Later regrets can not change what can happen in the heat of the moment.
The nunchakku is unlike any other blunt instrument. While I believe that laws should avoid restricting their possession, the misuse of them should be prosecuted like an illegal assault of any kind, but with more intensified consequences. The whipping action, and speed of the free flying end of the nunchakku makes it excessively lethal, and even an unskilled, and immature individual can swing them much harder than any straight stick, and cause death with much more ease. A nunchakku which strikes the skull can easily split the skull, crush it, cause brain damage, or death with one blow.
They are potentially deadly, thus very lethal weapons, but they are only "dangerous" if placed in the hands of a person who has ill intent. They do require some skill to maneuver, which makes them less of an inherent threat than a loaded firearm, or sharp knife.
CM D.J. Eisenhart
