2019 Fouts/Tolentino v Becerra: 10-17-22 Vacated and Remanded

[wolfwood]

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

https://www.scribd.com/document/4243...ment-Complaint

[aBrowningfan]

Originally Posted by wolfwood

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 #)?

[wolfwood]

Originally Posted by aBrowningfan

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.

[aBrowningfan]

Originally Posted by wolfwood

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 #.

[wolfwood]

Originally Posted by aBrowningfan

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.

[aBrowningfan]

Originally Posted by wolfwood

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.

[FirearmFino]

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?

[wolfwood]

Originally Posted by FirearmFino

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

[FirearmFino]

Originally Posted by wolfwood

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?

[wolfwood]

Originally Posted by FirearmFino

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.

[bohoki]

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

[sfpcservice]

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.

[deckhandmike]

Originally Posted by sfpcservice

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.

[Cincinnatus]

Originally Posted by deckhandmike

That would be fine. Then I don’t have to carry the big flashlight on walks anymore.

3-cell or 4-cell?

[Librarian]

Originally Posted by Cincinnatus

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 ...

[skyblue314]

Has a challenge to California's laws banning stilettos and gravity knifes been filed yet?


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[wolfwood]

Originally Posted by skyblue314

Has a challenge to California's laws banning stilettos and gravity knifes been filed yet?


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no not yet

[skyblue314]

Originally Posted by wolfwood

no not yet

It's high time one was filed. It can be designated as a related case.

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[CCWFacts]

Originally Posted by bohoki

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?

[wolfwood]

first article

https://www.sandiegouniontribune.com...pon-ban-batons

[FirearmFino]

Is there any update on the notice of related case?

[wolfwood]

Originally Posted by FirearmFino

Is there any update on the notice of related case?

nothing yet

[wolfwood]

Fouts has been assigned to Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt for all further proceedings. Attached is the order.

[Lonestargrizzly]

Oh hell yea were all getting asps!!!!

[Cincinnatus]

Originally Posted by Lonestargrizzly

Oh hell yea were all getting asps!!!!

Sounds like a snake pit to me.

[itr1275]

Originally Posted by FirearmFino

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.

[wolfwood]

answer filed

https://www.scribd.com/document/4302...amendment-case

[spddrcr]

Originally Posted by wolfwood

answer filed

https://www.scribd.com/document/4302...amendment-case

I just read through most of it, but can somebody explain what it actually means?

[NATO762]

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"

[aBrowningfan]

Originally Posted by NATO762

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.

[TruOil]

Originally Posted by aBrowningfan

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.

[AdamVIP]

Will this cover those extendable batons. I would rather be able to carry that than a knife any day.

[wolfwood]

Here is the the schedule of events


https://www.scribd.com/document/4306...ent-Conference

[FirearmFino]

Joint MOTION to Continue Case Management Conference

[FirearmFino]

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)

[gunsmith]

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?

[aBrowningfan]

Originally Posted by gunsmith

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.

[DrjonesUSA]

Originally Posted by gunsmith

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....




.

[gunsmith]

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

[wolfwood]

state's initial disclosures


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