This morning at 8:26 AM, the Huntington Beach Police Department received reports of a man walking in the area of Main & Yorktown waving a knife around.
Multiple officers responded from the station and in the field and quickly detained the suspect on the east side of Main south of Yorktown, near the police department parking lot.
The item the subject was seen waving around, was determined to be a plastic billy club.
Due to the nature of the initial report, the HBPD requested that Huntington Beach High School be placed in lockdown momentarily.
The HBPD appreciates the quick actions of their high school partner, and the community to ensure the safety of everyone.
As always, if you see something suspicious, report it by calling 911 in cases of emergency or our non-emergency number (714) 960-8825
Potential Criminal Charges Faced by the Suspect
- Brandishing a Weapon (Penal Code 417): Even if an item is plastic or non-lethal, waving it in a threatening or “rude, angry, or threatening manner” in public can lead to brandishing charges. This is typically a misdemeanor punishable by up to one year in county jail.
- Disturbing the Peace (Penal Code 415): Engaging in fighting or using offensive words in a public place that are likely to provoke an immediate violent reaction can result in a misdemeanor charge.
- Possession of a Prohibited Weapon (Penal Code 22210): Historically, possession of a “billy” (including batons and billy clubs) was a “wobbler” in California, meaning it could be charged as a misdemeanor (up to 1 year in jail) or a felony (up to 3 years in prison).
Legal Context: The “Billy Club” Injunction
It is important to note that as of February 23, 2024, a federal court injunction (Fouts v. Bonta) has prohibited the enforcement of California’s ban on simple possession of billy clubs.
- Unconstitutionality: The court ruled that the ban violated the Second Amendment right to self-defense.
- Enforcement Limitation: Police departments, including those in Orange County, have been advised that simple possession of such items by law-abiding citizens is currently not enforceable.
- Exception for Conduct: The injunction typically protects possession, not illegal use. If the man was waving the club in a way that threatened others or caused a public panic (like a school lockdown), he could still face charges related to his conduct rather than just the possession of the item itself.
School Lockdown Impacts
The fact that Huntington Beach High School was forced into a lockdown may lead to additional scrutiny or charges related to disrupting school activities, especially if the behavior was deemed intentional or reckless.