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Looks like there's no stay on it, so maybe billy club freedom ?
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Judge Benitez is faithful to our Constitution!sigpicComment
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.Comment
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Looks like it's time to buy a collapsible baton... but gotta wait for the word to get out....
Order Contains Restricted Products
Smith & Wesson 26" Collapsible Baton 4130 Steel Shaft Black Finish Textured Rubber Grip
These products cannot be included with your order due to the following:
State law restricts the sale of batons to California Customers.
Comment
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.Comment
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.Comment
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We're done until the next time these same cases to sent back to Benitez.Comment
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is the state required to put out a communication to all law enforcement agencies regarding this order as we've seen on recent 2a decisions. i'll be interested to see the language within.Originally posted by GraybeardOriginally posted by cannonComment
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Does the decision include collapsible batons? Carrying one long stick? Two sticks? Two sticks connected by a chain???
Open Carry? Concealed carry? Both?
Serial numbers and Registration?
Permit required? GMC? Training required? ?Safe storage??
So many questions.
Last edited by Paladin; 02-24-2024, 1:04 PM.Comment
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How about a sap? Small, effective, easy to conceal.Does the decision include collapsible batons? Carrying one long stick? Two sticks? Two sticks connected by a chain???
Open Carry? Concealed carry? Both?
Serial numbers and Registration?
Permit required? GMC? Training required? ?Safe storage??
So many questions.
If you don't know where you are going, any road will take you thereComment
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Rule 1- ALL GUNS ARE ALWAYS LOADED
Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)
Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET
Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
(thanks to Jeff Cooper)Comment
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Rule 1- ALL GUNS ARE ALWAYS LOADED
Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)
Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET
Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
(thanks to Jeff Cooper)Comment
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Nope, Sap is still illegal from the way I read the conclusion and order. The only thing struck is the Billy section the rest is severed and still in force
California Penal Code ? 22210 states:
?. . . any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any leaded cane, or any instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section
1170.?
Section G Severability
California Penal Code ? 22210 prohibits the making, selling, and possessing of a long list of non-firearm weapons, including the billy. The prohibitions regarding the billy are unconstitutional. The question then becomes whether the unconstitutional part of ? 22210 can be severed from the rest. It can.
??Severability is of course a matter of state law.? To determine whether a state statute is severable, we are bound by state statutes and state court opinions.? Project Veritas v. Schmidt, 72 F.4th 1043, 1063 (9th Cir. 2023) (citations omitted). In California, courts first look to a severability clause. See Sam Francis Found. v. Christies, Inc., 784 F.3d 1320, 1325 (9th Cir. 2015) (en banc) (citing Cal. Redev. ***?n v. Matosantos, 53 Cal. 4th 231 (Cal. 2011). Section 22210 does not have a severability clause. 65
Nevertheless, there are three additional criteria that may be considered: whether the invalid provision is grammatically, functionally, and volitionally separable. Cal. Redev. ***?n, 53 Cal. 4th at 271.
Here, all three criteria are met. First, removing ?billy? from the list in ? 22210,
does not change the grammatical structure. Grammatical separability exists because the invalid part (billy) can be removed as a whole without affecting the wording or coherence of what remains and the revised provision is perfectly coherent. Id. Second, there is functional separability because the remainder of the statute is complete. Id. Third, the volitional separability test is met because it seems obvious that the remainder of ? 22210 would have been adopted by the legislature, had it foreseen the partial invalidation of the statute. Id.; see also Sam Francis Found., 784 F.3d at 1326. Accordingly, the term ?billy? is hereby severed from the remainder of ? 22210Comment
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