Property rights. In theory you can use your nuke as much as you'd like. The problem in practice is that it is impossible to use a nuke without negatively affecting other people and /or their property. There's also the question of wether you're challenbging the state's monopoly on violence (i.e., national security) which will never apply to AI. Any AI, including futuristic super-AI's, can not be legitimately challenged with those same arguments. Because they, much like a hammer, are tools.

In conclusion, the nuke analogy is not a valid retort to the hammer analogy. And as a matter of fact, it fails to address the central point, much like your copmment accuses its parent comment of.