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

[Sputnik]

They took their time with the Rhode appeal, too. They know the 9th has their back so no big hurry.

[abinsinia]

They took their time with the Rhode appeal, too. They know the 9th has their back so no big hurry.

But meanwhile we have billy club freedom. They must not think this is a very dangerous ruling.

[AlmostHeaven]

But meanwhile we have billy club freedom. They must not think this is a very dangerous ruling.

Even the California DOJ brief only argues that billy clubs cause "unwarranted injuries," instead of advancing the usual rhetoric about saving lives.

[EM2]

Am I understanding this correctly?
Looks like Judge Benitez stayed his judgement.

https://www.pacermonitor.com/public/case/29880536/Fouts_et_al_v_Becerra

I do not have an account and am not buying one, so I am just going off what the summary says.
Timeline as best I can determine, most current on top:
Feb-28-2024 - order to stay89 signed by Judge Benitez
Feb-27-2024 - a joint motion to stay is filed
Feb-26-2024 - bonta appeals
Feb-23-2024 - Judge decision, cannot enforce 22210 as it applies to a billy.

[abinsinia]

Am I understanding this correctly?
Looks like Judge Benitez stayed his judgement.

https://www.pacermonitor.com/public/case/29880536/Fouts_et_al_v_Becerra

I do not have an account and am not buying one, so I am just going off what the summary says.
Timeline as best I can determine, most current on top:
Feb-28-2024 - order to stay89 signed by Judge Benitez
Feb-27-2024 - a joint motion to stay is filed
Feb-26-2024 - bonta appeals
Feb-23-2024 - Judge decision, cannot enforce 22210 as it applies to a billy.

No. It's a response to docket entry 89,

Joint MOTION to Stay attorney fees motion by Russell Fouts, Tan Miguel Tolentino. (Beck, Alan)

He stayed something related to attorney's fees.

[EM2]

No. It's a response to docket entry 89,

Joint MOTION to Stay attorney fees motion by Russell Fouts, Tan Miguel Tolentino. (Beck, Alan)

He stayed something related to attorney's fees.

OK, that makes sense.

So, as far as we know the ruling stands, a billy is now legal in CA.

[MajorSideburns]

Does an expanding baton qualify as a billy? Are they legal too?

[abinsinia]

OK, that makes sense.

So, as far as we know the ruling stands, a billy is now legal in CA.

As far as I know right now.

[nosuchagency]

jack pointed this out a few posts up - state's appeal specifically identifies asp batons being included in the section of law that was struck down. that's about as straight forward as it gets...

however, from personal perspective, a separate point to bear in mind (especially as batons were previously a wobbler); because Judge didn't include language in his injunction ordering state to notify all lea's of decision, it would seem prudent to keep a copy of injunction on phone for duration of case.

[AlmostHeaven]

jack pointed this out a few posts up - state's appeal specifically identifies asp batons being included in the section of law that was struck down. that's about as straight forward as it gets...

however, from personal perspective, a separate point to bear in mind (especially as batons were previously a wobbler); because Judge didn't include language in his injunction ordering state to notify all lea's of decision, it would seem prudent to keep a copy of injunction on phone for duration of case.

I wonder why Judge Benitez failed to include such a provision. He did so in Rhode v. Bonta quite recently.

[wolfwood]

The Freedom Fighters Foundation is hosting a class to help raise money to pay for the costs of the appeal. The class is in San Diego. Please email them if you are interested in attending for the precise location


You are invited to attend our Fundamentals of Low Light / No Light Shooting Techniques Fundraiser. Saturday March 30, 2024, 7:00 p.m. to 10:00 p.m.

Freedom Fighters Foundation is hosting the fundraiser to support Alan Alexander Beck, an attorney dedicated to fighting for your Second Amendment Rights. Alan has become a rising star in the Second Amendment Community with two recent wins.

In February Alan won a case in front of Federal District Judge Benitez regarding a ban on "Billy Clubs" in California Fouts v. Bonta.

In August of last year Alan took a case Teter v. Lopez to the 9th Circuit Court and a three judge panel ruled unanimously that the butterfly knife ban in the State of Hawaii was unconstitutional.

Politicians have been eroding your rights incrementally over many years. Now we have to do the same and win them back one case at a time. The State of California is appealing Judge Benitez' decision to the 9th Circuit Court. Freedom Fighters Foundation believes Alan has a very good chance of winning this case and we are asking for your your support to help Alan. Filing cases at the 9th Circuit Court cost time and money with court fees, travel, and accommodations.

We would like to raise $5,000 to assist Alan with his fight for your Rights. If you would like help this cause, we are hosting the Low Light / No Light fundraiser. If you cannot attend the course but would like to contribute, please donate below.



Fundamentals of Low-Light / No-Light Shooting
Description:
Featuring the proper use of hand-held and weapon-mounted lighting systems. Limited to no more than 25 participants.

Skills Covered:
Firearms safety rules review.
Physiology of the human eye and natural night vision.
Use of weapon mounted flashlights.
Use of hand held flashlights.
Threat identification and target discrimination.
Tactical concepts of operating in low light conditions.
One hand shooting while deploying a flashlight.
Threat assessment and area scanning.
Movement off the line of force and lateral displacement.
Dominating the weapon, threat and visual areas.
Engagement and displacement drills.
"He who controls the light shall control the darkness!"

Equipment Requirements:
Bring whatever you got:
Carbine, rifle, shotgun or pistol
Weapon-mounted or handheld flashlights
Holsters and slings encouraged but not required
Lasers and red dots if you got 'em
Ballistic Eye Protection (non-tinted lenses for night use)
Ear Protection
Spare Magazines
Mag Pouches or shell carriers for pistol, rifle or shotgun
Sufficient Batteries for all your equipment
Seasonally appropriate clothing suited to strenuous activity (no shorts, sandals, etc)
Rain gear / cold weather gear (seasonal)
Snacks, Energy Drinks, etc.
200 rounds of ammo per firearm

Goals:
Increase your knowledge and experience in low light / no light shooting situations.
Encourage proficient low-light weapons handling skills and safety.
This 3-hour event will be held on Saturday, March 30, 2024, from 7:00 p.m. to 10:00 p.m.
A $100 tax deductible donation to Freedom Fighters Foundation is requested.
If you would like to attend this event, reply to this email with your confirmation and contact info. Contributions can be made here or for more information please send an e-mail to: info@freedomfightersfoundation.org

Let Freedom Ring

https://freedomfightersfoundation.org/?ct=t%28Fundamentals_of_Low_Light_No_Light_shoot3_6_2017_C%29&mc_cid=fb9ee8536d&mc_eid=884f79a566

[Drivedabizness]

Where is the class, Counselor?

[wolfwood]

Where is the class, Counselor?

The class is in San Diego. Please email them if you are interested in attending for the precise location

[Rickybillegas]

The problem is if you buy one now (legally) then if the injunction is reversed (a likely possibility), your extendable baton is no longer carriable.

Unlike the high capacity magazine ban, if you bought it when it was legal, you can carry it. But with the baton, not. You gotta wait for a final positive judgement if and when that ever occurs.

I'd like to get one, but hesitate for that reason.

I like Benitez illustration of the little girl in the ghetto.

[AlmostHeaven]

The problem is if you buy one now (legally) then if the injunction is reversed (a likely possibility), your extendable baton is no longer carriable.

Unlike the high capacity magazine ban, if you bought it when it was legal, you can carry it. But with the baton, not. You gotta wait for a final positive judgement if and when that ever occurs.

I'd like to get one, but hesitate for that reason.

I like Benitez illustration of the little girl in the ghetto.

I find it absurd that the State of California insists on defending the ban on possessing extendable batons, even for concealed weapons licenseholders, but of course, arms control laws never make any sense.