AmmoLand: California’s Billy Club Ban Ruled Unconstitutional

0 80

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.

The Bruen decision continues to pay dividends. Knives and Billy Clubs are “arms” as well.

Read the whole thing at AmmoLand.com

Read the full article here

Subscribe to our newsletter

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More

Privacy & Cookies Policy