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Ban of Blackjacks, Billy Clubs, and Batons to go before Ninth Circuit
AmmoLand ^ | 22 October, 2020 | Dean Weingarten

Posted on 10/25/2020 4:41:58 AM PDT by marktwain

Early 20th Century police batons in Edingburg Police Centre Museum by Kim Traynor, CC BY-SA 3.0, via Wikimedia Commons

One of the very few Second Amendment cases heard by the Supreme Court in the last decade was Caetano v. Massachusettes, decided March 21, 2016.

The Court has held that “the Second Amendment ex-tends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v. Chicago, 561 U. S. 742, 750 (2010). In this case, the Supreme Judicial Court of Massachusetts upheld a Massachusetts law prohibiting the possession of stun guns after examining “whether a stun gun is the type of weapon contemplated by Congress in 1789 as being protected by the Second Amendment.” 470 Mass. 774, 777, 26 N. E. 3d 688, 691 (2015).

The Supreme Court of the United States, in a unanimous decision, reversed the Massachusetts Supreme Court, and held that all bearable arms were protected by the Second Amendment, with rare exceptions.

Bearable arms which are in common use for lawful purposes may not be banned, under the Second Amendment. Some enterprising Second Amendment supporters sued the Attorney General of California because the state of California bans blackjacks, billy clubs, and batons for nearly everyone in all circumstances.

Given the Supreme Court decisions of Heller, McDonald, and Caetano, it is hard to see how California AG Becerra can expect to prevail in Fouts v. Becerra (3:19-cv-01662), filed on 1 September 2019. From sandiegouniontribune.com:

Fouts was licensed in Oregon to carry a baton in his role as a private security contractor. Additionally,


(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: 2a; 9thcircuit; banglist; benitez; dubyajudge; judiciary; ninthcircuit; rogerbenitez; rogertbenitez; sdcalifornia
California bans clubs. The Supreme Court and the Constitution say they may not.

The case is coming up before Judge Roger T. Benitez of the Ninth Circuit.

1 posted on 10/25/2020 4:41:58 AM PDT by marktwain
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To: marktwain

Yeh...shoot’em in the leg...


2 posted on 10/25/2020 4:43:57 AM PDT by Sacajaweau
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To: marktwain
... Judge Roger T. Benitez ...


3 posted on 10/25/2020 4:48:53 AM PDT by MacNaughton
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To: MacNaughton
My friend's daughter, NIKKI was brutally murdered by hands, shoe laces, drowning. RAPED/KILLED 8 YRS OLD. PREP STILL ON TN DEATH ROW WITH DNA PROOF, CONFESSION, LED POLICE TO SITE WHERE HE DUMPED HER SMALL BODY. 1990. WHEN DOES NIKKI GET JUSTICE.

We are both VERY STRONG 2ND AMENDMENT SUPPORTERS, I CCW.

4 posted on 10/25/2020 5:11:10 AM PDT by GailA (TRUMP IS A GUTSY PRESIDENT)
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To: marktwain
Sentimental for switchblades and balisongs myself.


5 posted on 10/25/2020 5:22:23 AM PDT by UnbelievingScumOnTheOtherSide (Reverse Wickard v Filburn (1942) - and - ISLAM DELENDA EST)
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To: marktwain

A baton is basically a stick, right? They are banning sticks?


6 posted on 10/25/2020 7:16:10 AM PDT by bk1000 (Banned from Breitbart)
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To: bk1000
Yes.

If it is "designed" as a weapon.

It is a "gotcha" law.

Enforced when wanted against who the people in power want to.

7 posted on 10/25/2020 7:51:22 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

The Second Amendment clearly states “the right to keep and bear arms”. It places no restrictions on the type of arms. A literal reading would include any type of arms, up to and including nuclear weapons. In the first 100 years or so of this country, civilians owned some of the most powerful weapons available. (Artillery, Gatling guns, explosives etc.) ALL laws that restrict (infringe on) the ownership or possession of arms of any type are un-Constitutional!


8 posted on 10/25/2020 9:51:53 AM PDT by shooter223 (the government should fear the citizens......not the other way around)
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To: shooter223

I might be tempted to add anti-Christ and anti-God. Our Constitution particularly the Bill of Rights is based on individual rights obtained from our Creator not Government or man.

For example, if I can afford an A-10, or an F-22, or a Ma Deuce times ten, should laws deny that opportunity? I would think my Government should have at least as much trust in me as I have for them.

Come to think of it maybe that’s why they are so against a well armed citizenry.


9 posted on 10/25/2020 10:31:21 AM PDT by wita (Always and forever, under oath in defense of Life, Liberty and the pursuit of Happiness.)
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To: marktwain

I’m in Trouble.......My grandfather’s legacy included saps, billy clubs and black jacks.

What is needed in America is the right to subdue resisting criminals with a tap on the head with a good old fashioned lead sap

Defense lawyers have destroyed America by getting them prohibited


10 posted on 10/25/2020 10:35:17 AM PDT by bert ( (KE. NP. N.C. +12) t Zip-a-dee-doo-dah, zip-a-dee-ay My, o. h, my, what a wonderful day)
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To: marktwain

Even more ignorant is WI law. I can shoot an assailant, stab an assailant, do all kinds of things if Im being attacked but better not be caught with a bludgeoning instrument. What kind of stupid law is that?


11 posted on 10/25/2020 10:45:06 AM PDT by gnarledmaw (Hive minded liberals worship leaders, sovereign conservatives elect servants.)
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To: marktwain

Those “Clubs” look like tire thumpers sold at truck stops all across the USA.

Walmart sells a nice flashlight that looks just like a tire thumper. Bright light in one end, button in the other end.

The old gold “slugs” carried by early California miners in leather pouches is where the term “to Slug” someone comes from. The original Blackjack.

The miner would gather his gold dust, mix it with mercury to amalgamate it, then cut a potato in half, hollow out the center, place the amalgam in the center drop it into the campfire to drive off the mercury, and then they would have a nice slug of gold left.


12 posted on 10/25/2020 11:27:20 AM PDT by Ruy Dias de Bivar
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To: marktwain

How about pointy sticks? Are those legal?


13 posted on 10/25/2020 7:34:02 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: marktwain

Keep a baseball bat, ball and glove in the car.


14 posted on 10/25/2020 7:35:27 PM PDT by Rebelbase
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To: Rebelbase

Just need a Glove!


15 posted on 10/25/2020 8:39:59 PM PDT by Big Red Badger (TRUMP, the Other guy lives in a Basement!)
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To: marktwain

Medieval maces & war hammers old school battle axes anyone ? Problem solved!


16 posted on 10/27/2020 6:05:26 PM PDT by Nebr FAL owner (Treason is the reason for De mocrat Sedition & Subversion)
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