A San Diego-based federal judge has ruled that a state law banning billy clubs and other blunt weapons is unconstitutional, overturning an earlier ruling that upheld California's ban.
In Friday's decision, U.S. District Judge T. Roger Benitez The San Diego Union-Tribune called for the California law to be invalidated, saying it “unconstitutionally violates the Second Amendment rights of Americans” and that the state must stop enforcing it. handed down the verdict. report.
Benitez is judged from the top rope! Benitez revoked California Penal Code Section 22210, which applies to billy clubs.
Check out the first sentence of his conclusion.
All “weapons,” including dangerous and deadly ones, are protected by the Second Amendment. pic.twitter.com/TYnGzHqkOT
— National Gun Rights Association (@NatlGunRights) February 27, 2024
Blunt weapons have been banned in the state since 1917, with exceptions for police officers and security professionals, the paper noted.
In a 2021 ruling upholding the law, Judge Benitez said the ban has been “longstanding.” (Related: Hawaii Supreme Court claims 'spirit of aloha' invalidates Second Amendment)
While the case was on appeal, the U.S. Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen held that the Second Amendment protects an individual's right to carry a firearm for protection outside the home. The judgment was held. according to To NBC San Diego.
After the SCOTUS ruling, the 2021 case was sent back to Benitez's desk for reconsideration.
In light of the Bruen decision, Mr. Benitez ruled that attorneys from California Attorney General Rob Bonta's office could not prove that because of the SCOTUS majority. I have written“This regulation is consistent with this nation's historical tradition of firearm regulation.''
“From the time of the Founders until the end of the Civil War in 1865, there were no state restrictions on the possession or carrying of billies in any state or territory,” Benitez wrote in his ruling. .
Judge Roger Benitez invalidates California billy club ban. The decisions are as follows:https://t.co/nKS5wJnM7t
— Joel Persinger (The Gunguy) (@gunguytv) February 25, 2024
Bonta said he plans to appeal Benitez's ruling, arguing that it “defies logic” and Bruen's ruling “does not place any regulatory constraints on the state,” according to NBC. . (Related: Biden-appointed federal judge blocks California law on 'unusually dangerous' firearms)
Alan Beck, an attorney representing two veterans who challenged the long-standing ban on blunt weapons, disagreed, the Tribune reported.
“Basically any stick could be construed as a club. That doesn't just make sense on constitutional grounds, it doesn't make sense from a public policy standpoint,” Beck said. “If people have the right to own and carry handguns, it makes little public policy sense to prevent them from carrying clubs.”
“I thought this was a direct application of Supreme Court precedent,” he added.