Posted on 03/05/2024 4:14:55 AM PST by marktwain
In September 2019, Russell Fouts and Tan Miguel Tolentino filed a lawsuit challenging California’s complete ban on the “manufacture, import into the state, keep for sale, or sale, loan, and possession of billies.” “Billies” are not explicitly defined but are, essentially, any short club and are considered to be synonymous with batons.
On September 22, 2021, two years later, Judge Roger Benitez found the ban to meet the requirements of the law as determined by the Ninth Circuit precedent. This was nine months before the Bruen decision clarified the standards to be used in determining the bounds of the Second Amendment. Bruen showed the Ninth Circuit precedent, as applied to the Second Amendment, was in error.
The case was appealed to the Ninth Circuit. After the Supreme Court decision in Bruen, the Ninth Circuit vacated the September 22, 2021, judgment and remanded the case back to Judge Roger Benitez at the district court. After re-hearing the case, with the previous precedent nullified, Judge Benitez issued summary judgment for the Plaintiffs, holding billies were clearly arms protected by the Second Amendment. The judgment was issued on February 23, 2024. This judgment nullified the California ban on billies. A similar ban on billies was nullified in Hawaii on May 23, 2023. AmmoLand has published an article about the ruling.
In the quotes from the decision shown below, numbers that seem to be inserted randomly refer to footnotes that are not included here.
In the decision, Judge Roger Benitez, in careful, lawyerly language, reprimands the State of California and Professor Spitzer, the state expert, for misstating the findings of historical research. From the decision, page 17:
(Excerpt) Read more at ammoland.com ...
Will they also try to outlaw trees and lumber?
hooray for California, even though we don’t have any such instruments ourselves
it is wonderful they have judge Benitez... may we all get good judges who value and protect our Constitutional rights.
or at least who are aware of our Constitutional rights...
Kalifornia is the bully.
Stock up on table legs, 2x4s and baseball bats.
There are many states that are passing "frivolous" laws that violate 2nd Amendment rights...Kalifornia being one of the worst offenders.
The Democrats really do what the public to be defenseless against the violent thugs among us.
Makes sense as that’s the primary characteristic of all their constituency groups.
Stock up on table legs, 2x4s and baseball bats."
I remember years ago they targeted Truck Drivers and "Tire Checkers" even though Tire Checkers were legal.
Probably because of the masculine name, “BILLY club”.
LOL...how about my cane? They’re going to take an old man’s cane away!
Bear arms doesn’t have to say only firearms.
About when I was in the police academy in 1971, the nomenclature was changing to “baton”.
(French for stick).
“LOL...how about my cane? They’re going to take an old man’s cane away!”
Don’t laugh. A few years ago some mouth breathing moron with a badge in Seattle assaulted an elderly black man and arrested him for using a golf club as a cane.
So the answer to your question is yes.
:)
“Bear arms doesn’t have to say only firearms.”
In the days it was written it meant Swords too.
1/2 inch drive breaker bar works fine.
I actually prefer baseball bats. 34” long, 33 ounces in weight. Nothing quite like the sensation of ‘squaring one up’.
I’m with you. I suspect we will be needing them someday.
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