Collapsible Batons legal here in CA ????

[readytoretire]

I was reading that the CA ban on collapsible batons was overturned by Benitez, then appealed to the 9th circuit, who remanded it back to Benitez who re-affirmed they are now legal, and then the CA AG re-appealed to the 9th circuit, who stayed the Benitez decision. So my question for anyone here who is attorney or knows the latest ruling on this, what is the status of a private citizen having a collapsible baton??????

[abinsinia]

Your referring to the Fouts case.

Here's the district court case,

https://www.courtlistener.com/docket/16148441/fouts-v-becerra/

Here is the appeal,

https://www.courtlistener.com/docket/68961936/fouts-et-al-v-bonta/

The law was enjoined in the district court case, but the appeal is still on going and no lifting of the district court judgement appears to have happened. I don't see any request for emergency relief from California, and nothing had been decided in the appeal.

So yes , batons appear to be legal to possess right now.

[readytoretire]

i found the CA OAG bulletin on this, but then they took the bulletin down and i saw that they appealed which is why i was wondering if anyone had any new info....thanks,,,,the latest ruling is written as a permanent ruling and closing the case. i wonder if that eliminates the ability of the AG to try to appeal a third time????

[abinsinia]

i found the CA OAG bulletin on this, but then they took the bulletin down and i saw that they appealed which is why i was wondering if anyone had any new info....thanks,,,,the latest ruling is written as a permanent ruling and closing the case. i wonder if that eliminates the ability of the AG to try to appeal a third time????

The appeal is on going .. It was paused on Duncan tho, but Duncan ruling has been released so it should start again soon.

[Big Chudungus]

AFAIK is now legal and was able to buy from Galls, who didn't care if I had a BSIS permit or not, but S&W screwed me on Warranty because that "Dept" was still suck on illegal for CA, even with a Permit.

[readytoretire]

Bulletin from the OAG regarding the PERMANENT injunction and the case was closed:

image.png

[abinsinia]

Bulletin from the OAG regarding the PERMANENT injunction and the case was closed:

I'm not sure what you mean by "closed" , but the case is on appeal and on going.

ORDER FILED. The oral argument scheduled for November 6, 2024, is vacated, and submission is deferred pending issuance of the mandate in Duncan v. Bonta, No. 23-55805, and Teter v. Lopez, 20-15948. The Clerk shall administratively close this docket. The parties will be afforded an opportunity for oral argument and supplemental briefing when the case is reopened. [Entered: 10/22/2024 11:27 AM]

[readytoretire]

read the actual court document, here is a direct copy. do you have a case number for the appeal? Here is the actual court order, and you can find the bulletin issued by OCSD.LASD,and VCSD (i'm sure there are other bulletins issued by various SD's to their deputies and officers)

image.png

[readytoretire]

it should also be noted that while the decision has been appealed, the 9th circuit has not taken it up yet (and may not take it up) or even agreed to hear the appeal. It, as you noted, could be revisited pending the outcomes of related cases, such as Duncan v. Bonta (addressing large-capacity magazines) and Teter v. Lopez (addressing butterfly knives).
For now, the ruling is effective and the case is closed, but it’s critical to monitor any changes that may arise. when the other cases are resolved, Bonta's appeal may not be placed on the docket and heard, or could be heard, but the timing (realistically) is going to be years from now before these cases are resolved as after the 9th circuit issues their opinion, whomever does not get the ruling they want will try to get the SCOTUS to hear the case along with all the other 2a cases.

[abinsinia]

read the actual court document, here is a direct copy. do you have a case number for the appeal? Here is the actual court order, and you can find the bulletin issued by OCSD.LASD,and VCSD (i'm sure there are other bulletins issued by various SD's to their deputies and officers)

Only the district court case is closed.. Appeal is just starting.

here's the appeal docket,

https://www.courtlistener.com/docket/68961936/fouts-et-al-v-bonta/

here's the case number: 24-1039

[BigPimping]

If somebody wants to be the guinea pig for this go right ahead.

[readytoretire]

there is a PERMANENT INJUNCTION against enforcing penal code related to batons.....read the actual notices from the OAG and various sheriff departments below.....all other comments related to appeals is no longer in effect as the appeals court already ruled on this case, thereby issuing the permanent injunction...read the injunction if you are still are confused......

[sonofeugene]

Canes are perfectly legal and you can carry them ANYWHERE. Even on airplanes. I have a self defense cane from this most excellent company. I highly recommend them.

https://canemasters.com

[readytoretire]

an injunction was issued 2/2024 from enforcement of possession of batons. read the bulletin issued by the various CA county sheriff departments, as required by the CA OAG. The Bulletin issued by the OCSD noted below. Even though the OAG appealed almost 2 years ago, the 9th still hasn't agreed to even hear this case in an attempt to overturn this ruling



image.png

[readytoretire]

as a side note for those mis-interpreting the injunction...here is the official document issued by the OAG regarding the PERMANENT INJUNCTION against enforcing penal code related to batons..
image.png