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California’s Billy Club Ban Ruled Unconstitutional
AmmoLand ^ | February 28, 2024 | Dean Weingarten

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 ...


TOPICS:
KEYWORDS: 2a; banglist; ca; california; club
Judge Roger Benitez carefully explains how the California AG and the "expert" hired by California lied in their submissions to the Court.
1 posted on 03/05/2024 4:14:55 AM PST by marktwain
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To: marktwain

Will they also try to outlaw trees and lumber?


2 posted on 03/05/2024 4:16:39 AM PST by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: marktwain

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...


3 posted on 03/05/2024 4:16:57 AM PST by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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To: MtnClimber

Kalifornia is the bully.

Stock up on table legs, 2x4s and baseball bats.


4 posted on 03/05/2024 4:24:19 AM PST by bgill
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To: marktwain
"Caetano v Massachusetts"...2016. SCOTUS ruled,9-0,that the state's ban on stun guns violated the 2nd Amendment. In the decision they made reference to several previous rulings and referred to the state Supreme Court's ruling that the law did *not* violate 2nd Amendment rights as "frivolous".

There are many states that are passing "frivolous" laws that violate 2nd Amendment rights...Kalifornia being one of the worst offenders.

5 posted on 03/05/2024 4:26:33 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: marktwain

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.


6 posted on 03/05/2024 4:49:36 AM PST by Jotmo (Whoever said, "The pen is mightier than the sword." has clearly never been stabbed to death.)
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To: bgill
"Kalifornia is the bully.

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.


7 posted on 03/05/2024 4:51:28 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: marktwain

Probably because of the masculine name, “BILLY club”.


8 posted on 03/05/2024 5:06:06 AM PST by Toespi ( )
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To: MtnClimber

LOL...how about my cane? They’re going to take an old man’s cane away!


9 posted on 03/05/2024 5:13:29 AM PST by rlmorel ("The stigma for being wrong is gone, as long as you're wrong for the right side." (Clarice Feldman))
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To: marktwain

Bear arms doesn’t have to say only firearms.


10 posted on 03/05/2024 5:16:40 AM PST by Bayard
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To: Toespi

About when I was in the police academy in 1971, the nomenclature was changing to “baton”.

(French for stick).


11 posted on 03/05/2024 5:22:11 AM PST by Does so ( 🇺🇦...Motels for Migrants give legitimate addresses for mail-in ballots.)
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To: Openurmind


Oh, Billy,Billy,Billy...
12 posted on 03/05/2024 5:23:40 AM PST by jaydubya2
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To: rlmorel

“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.


13 posted on 03/05/2024 5:31:48 AM PST by MeganC (Ruzzians aren't people. )
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To: jaydubya2

:)


14 posted on 03/05/2024 5:41:19 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Bayard

“Bear arms doesn’t have to say only firearms.”

In the days it was written it meant Swords too.


15 posted on 03/05/2024 5:48:27 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: bgill

1/2 inch drive breaker bar works fine.


16 posted on 03/05/2024 5:55:25 AM PST by super7man (Madam Defarge, knitting, knitting, always knitting.)
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To: marktwain

I actually prefer baseball bats. 34” long, 33 ounces in weight. Nothing quite like the sensation of ‘squaring one up’.


17 posted on 03/05/2024 6:02:16 AM PST by kawhill (kawhill)
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To: rlmorel
I'm in the market for a stout wooden cane with a substantial metal head.
For those unanticipated 'social occasions.'
18 posted on 03/05/2024 5:36:53 PM PST by Max in Utah (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: Max in Utah

I’m with you. I suspect we will be needing them someday.


19 posted on 03/05/2024 7:09:24 PM PST by rlmorel ("The stigma for being wrong is gone, as long as you're wrong for the right side." (Clarice Feldman))
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