AMAC Files Amicus Brief With 9th Circuit on Self-Defense Case Fouts, et al. v. Bonta

BOHEMIA, N.Y., June 27, 2024 – The Association of Mature American Citizens (AMAC), an advocacy organization representing two million active dues-paying members nationwide, is beyond proud to announce that we have recently filed an amicus brief with the United States Court of Appeals for the Ninth Circuit on Case Number 24-1039, Fouts, et al. v. Bonta, urging the Ninth Circuit to consider the legal and constitutional ramifications of California’s sweeping Cal. Penal Code § 22210, commonly referred to as the “Billy Ban.”

AMAC has joined as amicus curiae in support of the plaintiffs-appellees in the case, Fouts, et al. v. Bonta for a number of reasons, the first and foremost being that the interests of older American citizens could be negatively and directly affected by California’s law, Cal. Penal Code § 22210.  This law, which has been on the books for decades, essentially criminalizes the possession of “any instrument or weapon of the kind commonly known as a billy.” At the core of our concerns, is that as written, Cal. Penal Code § 22210 is overly broad, with too much latitude and openness for arbitrary enforcement, a situation that could unfairly penalize American citizens simply living their lives. 

Most concerningly, under the law, California’s “Billy Ban” could be used to charge Americans using everyday implements – including older Americans using canes or walking sticks – with a felony if those implements are considered to be a “billy club” by the State. Given the overly broad nature of Cal. Penal Code § 22210, and the potential for ordinary Americans to be erroneously and unfairly punished under the statute, AMAC firmly believed that we needed to add our voice to those persuasively arguing that this law should be reexamined by the federal judiciary. 

It is important to note that while AMAC is proud to support the plaintiffs-appellees with our brief, it is always unfortunate when the liberties of American citizens – which are protected and codified by our Constitution – are threatened by clumsy and problematic laws such as California’s “Billy Ban.” AMAC acknowledges that the price of freedom is eternal vigilance, and as such, we citizens are obligated to ensure that our liberties are preserved through continued alertness, diligence, understanding, and action.

Moreover, we are disappointed that even in the wake of several high-profile and soundly-reasoned decisions from the U.S. Supreme Court, such as Heller (2008), McDonald (2010), and Bruen (2022), activist anti-2^nd amendment governors, legislators and city councils continue to ignore the Supreme Court and pass flagrantly unconstitutional laws and regulations in brazen defiance of the high court’s expertise and authority. 

“The United States Supreme Court has already provided clear guidance on how to approach and decide Second Amendment cases, and by extension, arms ban cases such as Fouts v. Bonta. Of course, the predictable reaction from anti-gun politicians like Governors Gavin Newsom and Kathy Hochul in the wake of the Supreme Court’s rulings – and more alarmingly, by activist judges in the lower courts – has been to manipulate and pervert the Supreme Court’s guidance, prioritizing political ends over the rule of law. The Second Amendment exists precisely to protect the American people from this overreaching behavior,” stated David Weber, AMAC’s Chief Operating Officer.

For AMAC, the language of the U.S. Constitution is plain and clear – self-defense is a fundamental natural right, not to be infringed – and recent rulings from the U.S. Supreme Court only further reinforce the importance and true meaning of the Second Amendment.

“The anti-gun lobby knows they cannot win on merit because they stand fundamentally opposed to the Constitution, they ignore history, and because the reality of self-empowering gun ownership and self-defense in America is one that conflicts starkly with their erroneous worldview. As a result, they operate outside the bounds of law and reason, using fear and manipulation to further their cause. We must remain engaged and unwavering in our defense of our constitutional rights, including the Second Amendment. It is not a second-class right and it is for these wider reasons that AMAC felt compelled to join the plaintiff-appellees with our brief,” Weber continued. 

As this case makes its way through the federal judiciary, AMAC looks forward to seeing proper resolution regarding the issues at hand, with Cal. Penal Code § 22210 struck down to enhance the rights of law-abiding citizens of California.