Unconfigured Ad Widget

Collapse

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

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • wolfwood
    Senior Member
    • Mar 2012
    • 1371

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

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

    This document is a complaint filed by plaintiffs Russell Fouts and Tan Miguel Tolentino against Xavier Becerra, the Attorney General of California. The plaintiffs allege that California's ban on the manufacture, sale, possession, and transportation of billies (batons) violates the Second Amendment of the U.S. Constitution. The complaint provides background on the parties, jurisdiction, relevant facts including the scope of the Second Amendment, and argues that bans on weapons other than firearms have been found unconstitutional in other jurisdictions. The plaintiffs are seeking declaratory and injunctive relief against the enforcement of California's billy ban.
  • #2
    aBrowningfan
    Senior Member
    • Jan 2014
    • 1475

    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 #)?

    Comment

    • #3
      wolfwood
      Senior Member
      • Mar 2012
      • 1371

      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.

      Comment

      • #4
        aBrowningfan
        Senior Member
        • Jan 2014
        • 1475

        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 #.

        Comment

        • #5
          wolfwood
          Senior Member
          • Mar 2012
          • 1371

          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.

          Comment

          • #6
            aBrowningfan
            Senior Member
            • Jan 2014
            • 1475

            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.

            Comment

            • #7
              FirearmFino
              Member
              • Apr 2019
              • 428

              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?

              Comment

              • #8
                wolfwood
                Senior Member
                • Mar 2012
                • 1371

                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

                Comment

                • #9
                  FirearmFino
                  Member
                  • Apr 2019
                  • 428

                  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?

                  Comment

                  • #10
                    wolfwood
                    Senior Member
                    • Mar 2012
                    • 1371

                    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.

                    Comment

                    • #11
                      bohoki
                      I need a LIFE!!
                      • Jan 2006
                      • 20786

                      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

                      Comment

                      • #12
                        sfpcservice
                        Senior Member
                        • Jan 2009
                        • 1879

                        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.
                        sigpic


                        John 14:6

                        Comment

                        • #13
                          deckhandmike
                          Calguns Addict
                          • Jan 2011
                          • 8325

                          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.

                          Comment

                          • #14
                            Cincinnatus
                            Senior Member
                            • Mar 2008
                            • 702

                            3-cell or 4-cell?
                            Active Army 1976-1986, Army Reserve 2005-2015, Afghanistan 2010-2011
                            http://www.thepolemicist.net/2013/01...t-for-gun.html
                            https://www.thereligionofpeace.com/

                            Comment

                            • #15
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44629

                              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 ...
                              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                              Comment

                              Working...
                              UA-8071174-1