February 27, 2024 – SACRAMENTO – California Attorney General Rob Bonta on Monday issued a statement after filing an appeal in the U.S. Court of Appeals for the Ninth Circuit seeking to reverse a district court decision ruling that California’s prohibition on the manufacture, importation, sale, or possession of a "billy club" or baton weapon, under Penal Code section 22210 is unconstitutional under the Second Amendment. “Billy club” was the term used when the law enacted in 1923 and the current text of the law has retained that terminology. The appeal would seek to overturn the district court decision in Fouts v. Bonta. Attorney General Bonta will urge the Ninth Circuit Court of Appeals to overturn the district court’s decision, which will ensure that these vital public safety protections remain in place to prevent unwarranted injuries in California communities.

“The decision to overturn an over 100-year-old law not only defies logic but contradicts the Supreme Court’s decision in New York Rifle & Pistol Association v. Bruen,” said Attorney General Bonta. “We have filed an appeal, as this decision puts public safety at risk. The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states — and we believe that the district court got this wrong. We will not stop in our efforts to protect the safety of communities.” 

The potential public safety risk is this new ruling would permit civilian possession of modern "billy clubs", such as the expandable ASP baton. This baton can be concealed and used in public disturbances or riots, as it was during the January 2021 attack on the U.S. Capitol. The plaintiffs allege that California's prohibition on the acquisition and possession of batons violates the Second Amendment. In 2021, the Attorney General prevailed in the federal district court on the constitutionality of the law, and the plaintiffs appealed the decision to the Ninth Circuit. Following the Supreme Court's decision in New York Rifle & Pistol Association v. Bruen, the case was remanded to the federal district court for further proceedings. The Attorney General will continue to defend the law on appeal.

A copy of the appeal can be found here.

Source: CA DOJ