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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-03-2019, 11:42 AM
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Default 2019 Fouts/Tolentino v Becerra: 9-22-21 Judgement for State; Appealed

A Second Amendment challenge to California's ban on batons got filed today

https://www.scribd.com/document/4243...ment-Complaint
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Old 09-03-2019, 1:09 PM
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Originally Posted by wolfwood View Post
A Second Amendment challenge to California's ban on batons got filed today

https://www.scribd.com/document/4243...ment-Complaint
Doesn't the lead attorney have to be admitted to the CA bar (all I saw was a HI bar #)?
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Old 09-03-2019, 1:18 PM
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Doesn't the lead attorney have to be admitted to the CA bar (all I saw was a HI bar #)?

Yes and the CA bar number is at the bottom.
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Old 09-03-2019, 1:20 PM
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Yes and the CA bar number is at the bottom.
Bottom where? On the front page of the complaint, it just shows the HI bar #.
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Old 09-03-2019, 1:25 PM
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Originally Posted by aBrowningfan View Post
Bottom where? On the front page of the complaint, it just shows the HI bar #.
scroll to the very bottom of the entire document. It has the names and bar information of both of the lawyer.
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Old 09-03-2019, 1:27 PM
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scroll to the very bottom of the entire document. It has the names and bar information of both of the lawyer.
Ok, thanks. A bit sloppy to omit the CA bar # on the first page of the complaint, but I wish them success.
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Old 09-03-2019, 1:42 PM
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Nice. Doesn't California also ban nunchucks? I'm surprised there hasn't been a lawsuit over that yet.

Also, I saw that there's a Notice of Related Case; which lawsuit is it referring to?
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Old 09-03-2019, 1:45 PM
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Originally Posted by FirearmFino View Post
Nice. Doesn't California also ban nunchucks? I'm surprised there hasn't been a lawsuit over that yet.

Also, I saw that there's a Notice of Related Case; which lawsuit is it referring to?
Miller which is the new assault weapons case. Its arguably related because the matter before the court in both cases is what arms are protected by the second amendment
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Old 09-03-2019, 1:52 PM
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Miller which is the new assault weapons case. Its arguably related because the matter before the court in both cases is what arms are protected by the second amendment
That makes sense. Thanks! Do you know which judge is currently assigned to this case?
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Old 09-03-2019, 2:01 PM
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That makes sense. Thanks! Do you know which judge is currently assigned to this case?
Judge Larry Alan Burns and Magistrate Judge Karen S. Crawford are assigned to the case.
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Old 09-03-2019, 2:04 PM
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yay california has been abusing the billy club law as much as new york with its gravity knife law (every folding knife that the strongest cop can whip down hard enough to open became a silkripper paratrooper knife

every thing you can hit someone with becomes a "billyclub" be it a socket wrench ,a bike lock ,baseball bat,a branch
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Old 09-03-2019, 2:40 PM
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Awesome @wolfwood, a collapsible baton is a great option. I bet if you win they will classify it as a concealed weapon and it would have to be carried openly; just to discourage people from doing it.
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Old 09-03-2019, 11:25 PM
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Awesome @wolfwood, a collapsible baton is a great option. I bet if you win they will classify it as a concealed weapon and it would have to be carried openly; just to discourage people from doing it.
That would be fine. Then I don’t have to carry the big flashlight on walks anymore.
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Old 09-03-2019, 11:30 PM
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That would be fine. Then I don’t have to carry the big flashlight on walks anymore.
3-cell or 4-cell?
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Old 09-04-2019, 8:35 AM
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Originally Posted by Cincinnatus View Post
3-cell or 4-cell?
6 is better.

HOWEVER, let us nip this threadjack in the bud; threads in this forum are principally for activity in the case. As this one is new, not much activity yet, so it seems like there is a vacuum to fill ...
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Old 09-04-2019, 10:23 AM
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Has a challenge to California's laws banning stilettos and gravity knifes been filed yet?


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  #17  
Old 09-04-2019, 10:31 AM
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Has a challenge to California's laws banning stilettos and gravity knifes been filed yet?


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no not yet
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Old 09-04-2019, 11:04 AM
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no not yet
It's high time one was filed. It can be designated as a related case.

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Old 09-08-2019, 1:11 PM
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Originally Posted by bohoki View Post
yay california has been abusing the billy club law ...

every thing you can hit someone with becomes a "billyclub" be it a socket wrench ,a bike lock ,baseball bat,a branch
Absolutely right, it is used to target some groups but not others.

I routinely see homeless people walking around with golf clubs. They do not get charged! Professor Eric Clanton who was clobbering people on the head with a bike lock was not charged with baton possession and ended up with a single misdemeanor and a suspended setence.

If homeless people get to walk around openly carrying obvious weapons, why do we even have such a law?
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  #20  
Old 09-09-2019, 12:20 PM
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first article

https://www.sandiegouniontribune.com...pon-ban-batons
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Old 09-09-2019, 3:11 PM
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Is there any update on the notice of related case?
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Old 09-09-2019, 4:59 PM
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Is there any update on the notice of related case?
nothing yet
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  #23  
Old 09-12-2019, 10:39 AM
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Fouts has been assigned to Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt for all further proceedings. Attached is the order.
Attached Files
File Type: pdf fouts order of transfer.pdf (81.0 KB, 32 views)
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Last edited by wolfwood; 09-12-2019 at 11:16 AM..
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  #24  
Old 09-21-2019, 4:26 PM
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Oh hell yea were all getting asps!!!!
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Old 09-21-2019, 11:42 PM
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Oh hell yea were all getting asps!!!!
Sounds like a snake pit to me.
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Old 09-24-2019, 6:27 PM
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Nice. Doesn't California also ban nunchucks?
**** Not a lawyer *****

Yes, sort of. The exception for private possession is, PC 22010 does not apply to schools holding a regulatory or business license if:
  1. the school teaches the art of self-defense, and
  2. the nunchuks are kept on the school's premises.

Includes antiques, museums, etc... Possession is not the same as carrying or transporting.
https://youtu.be/sMtxu92cFZw

**** The reality ****
The farmers of Okinawa used them as weapons, because that's what they could have. If you think nunchuck are actually for self defense stop smoking meth and watching Bruce Lee movies.
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Old 10-14-2019, 2:54 PM
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answer filed

https://www.scribd.com/document/4302...amendment-case
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Old 10-14-2019, 3:53 PM
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I just read through most of it, but can somebody explain what it actually means?
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Old 10-14-2019, 4:10 PM
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Boilerplate. They deny everything. Legal equivalent of sticking your fingers in your ears and yelling "I can't hear you, I can't hear you"
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Old 10-15-2019, 11:02 AM
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Boilerplate. They deny everything. Legal equivalent of sticking your fingers in your ears and yelling "I can't hear you, I can't hear you"
If you don't deny, the other side has a strong argument in their motion for summary judgement.
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Old 10-15-2019, 4:40 PM
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If you don't deny, the other side has a strong argument in their motion for summary judgement.
In responding to a verified complaint, the defendant has three choices: admit, deny, or deny on lack of information or belief. Anything not denied or effectively denied is deemed admitted. Anything admitted is deemed proved and not in controversy.
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Old 10-16-2019, 6:44 AM
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Will this cover those extendable batons. I would rather be able to carry that than a knife any day.
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Old 10-16-2019, 12:24 PM
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Here is the the schedule of events


https://www.scribd.com/document/4306...ent-Conference
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Old 10-17-2019, 6:24 PM
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Joint MOTION to Continue Case Management Conference
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  #35  
Old 10-18-2019, 12:44 PM
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MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For good cause shown, the parties' Joint Motion to Continue (ECF No. 12 ) is hereby GRANTED. Accordingly, the telephonic, counsel-only Case Management Conference previously set for 11/15/2019 (ECF No. 11 ) is hereby RESET for 11/21/2019, at 11:30 AM before Judge Burkhardt. The deadline to file and lodge the Joint Discovery Plan is hereby RESET to 11/12/2019. This Order does not otherwise alter the mandatory directions, dates, and deadlines set forth in the Court's 10/15/2019 Order (ECF No. 11 ). (no document attached) (mjg) (Entered: 10/18/2019)
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Old 10-23-2019, 8:34 PM
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when i got my baton cert for security work, the instructor made a good case for avoiding the asp/collapsible baton.
Man, I would love to carry chucks-didn't scotus overturn the ban?
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Old 10-25-2019, 11:36 AM
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Quote:
Originally Posted by gunsmith View Post
when i got my baton cert for security work, the instructor made a good case for avoiding the asp/collapsible baton.
Man, I would love to carry chucks-didn't scotus overturn the ban?
They kind of did. But it seems that CA-DoJ either didn't get the memo or are ignoring it.
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  #38  
Old 10-25-2019, 2:47 PM
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Quote:
Originally Posted by gunsmith View Post
when i got my baton cert for security work, the instructor made a good case for avoiding the asp/collapsible baton.
Man, I would love to carry chucks-didn't scotus overturn the ban?

Wait, what?

Your security guard instructor suggested you AVOID CARRYING & USING ASP’s / collapsible batons?

WTF?

Why?

Very curious....




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Old 10-25-2019, 11:59 PM
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they can and do fail.
often ineffective.
he recommended old fashioned "nightsticks" as opposed to tonfa's etc .

Think about it, even the extra seconds in unholstering/deploying could mean the bad guy wins.

but I think the topic of "why" is better suited to another sub-forum not litigation/activism
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Old 11-06-2019, 11:04 AM
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state's initial disclosures


https://www.scribd.com/document/4337...osure-Exhibits
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