Policy Text
Roll Call Trainin g Bulletin
Produced b y: Captain Clayton Buchanan , OOC Katherine Lester , Chief of Polic e
Prepared by: Officer Jeremy Ratcliffe, PSU Volume 24-2
Page 1 of 1
INJUNCTION IMMEDIATELY PROHIBITING ENFORCEMENT OF
PENAL CODE § 22210
03-01-2024
On 2/23/2024, Judge Roger T. Benitez , United States District Court for the Southern District of
California , struck down a law banning possession of club- like weapons, reversing his previous ruling
from three years ago (Fouts v. Bonta) that upheld the prohibition on billy clubs, batons , and similar
blunt objects . Based on the recent 2022 U.S. Supreme Court decision in New York State Rifle &
Pistol Association v. Bruen regarding the Second Amendment right to bear arms, Judge Benitez
issued a permanent injunction, effective immed iately , which directs that :
Those duly sworn state peace officers and federal law enforcement officers who gain
knowledge of this injunction order or know of the existence of this injunction order, are
enjoined from implementing or enforcing California Pena l Code § 22210 as it applies to a billy.
EFFECTIVE IMMEDI ATELY , peace officers can no longer take enforcement action against any
person who ma nufactures, imports, sells, gives, lends, or possess es a weapon commonly known as a
billy (commonly referred to as a baton) per California Penal Code § 22210. This law has been
declared unconstitutional by Judge Benitez’s recent court decision and is unenforceable until further
notice.
Penal Code § 22210:
Except as provided in Section 22215 and Chapter 1 (commencing with Section 17700) of Division 2
of Title 2, 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 ins trument 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.