THE NUNCHAKU APPARATUS CONSISTS OF TWO HINGED STICKS WHICH CAN BE TWIRLED OR SNAPPED TOGETHER. THE RECREATIONAL USE OF THE DEVICE HAS SPREAD FROM JAPAN TO THE UNITED STATES, WHERE IT IS ALSO BEING USED AS AN OFFENSIVE WEAPON BY STREET GANGS AND ILLEGAL ALIENS. IN OREGON, A DEFENDANT WAS CHARGED WITH UNLAWFULLY CARRYING NUNCHAKU STICKS CONCEALED ON HIS PERSON. THE CHARGE WAS BROUGHT UNDER THE STATE LAW PROHIBITING THE CONCEALED CARRYING OF ANY INSTRUMENT THAT CAN BE USED TO INJURE. THE STATE DISTRICT COURT AND STATE CIRCUIT COURT AGREED WITH THE DEFENDANT'S CONTENTION THAT, BECAUSE THE STATUTE DID NOT SPECIFICALLY PROHIBIT NUNCHAKU STICKS, IT WAS UNCONSTITUTIONALLY VAGUE AND ITS APPLICATION DENIED THE DEFENDANT DUE PROCESS OF LAW. BUT THE OREGON COURT OF APPEALS HELD THAT A STATUTE PROHIBITING THE CONCEALED CARRYING OF ANY ITEM DESIGNED AND INTENDED PRIMARILY TO INFLICT BODILY INJURY AND DEATH IS EXPLICIT ENOUGH TO PASS CONSTITUTIONAL MUSTER, AND THAT NUNCHAKU STICKS FALL WITHIN THAT PROHIBITION. IN REACHING ITS CONCLUSION, THE COURT RELIED ON THE FACT THAT THE STATE LEGISLATURE HAD PLACED NUNCHAKU STICKS IN THE CATEGORY OF DANGEROUS WEAPONS IN A LAW PROHIBITING THE USE OF, OR THE CARRYING WITH THE INTENT TO USE, DANGEROUS OR DEADLY WEAPONS. THE COURT'S ASSUMPTION THAT THE MENTION OF NUNCHAKU STICKS IN THE PROHIBITED USE STATUTE BROUGHT THE STICKS WITHIN THE SCOPE OF THE CONCEALED WEAPONS STATUTE IS FAULTY. THE COURT'S CONCERN WITH PROTECTING THE PUBLIC AGAINST NUNCHAKU ATTACKS DOES NOT JUSTIFY ITS DEPRIVING THE DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO FAIR NOTICE BY CONVICTING HIM UNDER VAGUE STATUTORY LANGUAGE. THE COURT COULD HAVE SUSTAINED THE DEFENDANT'S CLAIM AND THEN ISSUED A PROSPECTIVE RULING THAT THE STATUTE WOULD THEREAFTER BE CONSTRUED TO INCLUDE NUNCHAKU STICKS. AS IT STANDS, FUTURE DEFENDANTS POSSESSING OTHER NOVEL OBJECTS MAY FIND THEMSELVES IN THE POSITION OF THE OREGON DEFENDANT, CONVICTED WITHOUT REASONABLE NOTICE BECAUSE THEIR CASE HAPPENED TO BE THE FIRST TO TEST THE APPLICABILITY OF A STATUTE TO A PARTICULAR INSTRUMENT. THE BEST METHOD OF DEALING WITH NUNCHAKU STICKS MAY BE A LEGISLATED LICENSING SCHEME. REFERENCES ARE FOOTNOTED. (LKM)