Second Amendment Update: Possession of a Billy Club per Pen. Code § 22210
By Robert Phillips, Deputy District Attorney (Ret)  

In February of this year, a federal district (trial) court published a case decision entitled Fouts v. Bonta (Feb. 23, 2024) 2024 U.S.Dist. LEXIS 31528. In this written decision, the Honorable Roger T. Benitez ruled that a person’s possession of what is known as a “billy club” is constitutionally protected under the Second Amendment, as dictated by the U.S. Supreme Court decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022) 597 U.S. 1 [142 S.Ct. 2111; 213 L.Ed.2nd 387].)   

Until this decision, pursuant to Pen. Code § 22210 (formerly P.C. § 12020(a)): one 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 instrument or weapon of the kind commonly known as a billy, . . .” (among other weapons) was guilty of a felony.  Although not defined, the District Court noted that: “Historically, the short wooden stick that police officers once carried on their beat was known as a billy or billy club. (fn.) The term remains vague today and may encompass a metal baton, a little league bat, a wooden table leg, or a broken golf club shaft, all of which are weapons that could ....