A California court has struck down a state ban on batons based on the Second Amendment.
The lawsuit was filed by plaintiff Russell Fouts against California Attorney General Rob Bonta over the state law that makes it a crime to carry or even possess a baton.
“This case is about a California law that criminalizes the simple possession or carrying of a joint. This case is not about whether California can prohibit or restrict the use or possession of a joint for illegal purposes,” reads the verdict.
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Photo illustration shows a law enforcement officer carrying a baton, also known as a police baton. (In Pictures Ltd./Corbis via Getty Images)
He continues: “Historically, the short wooden stick that police officers once carried on their beat was known as a billy or billy club. The term remains vague today and can encompass a metal baton, a little league bat , a wooden table leg, or a broken golf club, all of which are weapons that could be used for self-defense but are less lethal than a firearm.”
The decision was handed down by Judge Roger Benítez of the Southern District of California.
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The court ruled to strike down the ban based on the Second Amendment and its protection of citizens' right to bear arms, including those other than firearms.
“The Second Amendment protects the right of citizens to defend themselves with dangerous and deadly firearms,” the court stated. “But not everyone wants to carry a firearm for self-defense. Some prefer less lethal weapons. A billy is a less lethal weapon that can be used for self-defense.”
Police in Canada brandish batons as they confront protesters during a protest in Toronto, Ontario. ((Photo by Creative Touch Imaging Ltd./NurPhoto via Getty Images))
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The verdict continues: “It is easy to imagine countless citizens carrying these weapons on their daily walks and hikes to defend themselves from attacks by humans or animals. To give full life to the fundamental right of self-defense, every responsible and law-abiding individual citizen owes a constitutionally protected right to keep and bear arms such as the billy for lawful purposes.”
Clubs, also known as batons, batons and batons, are short, lightweight clubs that have been used by security, law enforcement and individuals as blunt weapons.
