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Judge Postpones Oral Arguments to Stop California Microstamping Law

by Handguns Online Staff   |  May 7th, 2014 21

According to a recent report from the National Shooting Sports Foundation (NSSF), a lawsuit against the State of California’s enforcement of microstamping laws has been postponed until May 14, 2014.

The remainder of the NSSF report reads as follows:

“NEWTOWN, Conn. — Oral arguments, originally scheduled to be heard Wednesday in Fresno Superior Court, have been postponed until May 14 in the lawsuit brought by the National Shooting Sports Foundation (NSSF) and the Sporting Arms and Ammunition Manufacturers’ Institute (SAAMI) on behalf of their members against the State of California to prevent enforcement of the state’s microstamping statute.

The state statute being challenged was enacted in 2007, but not made effective until May 2013, requires that all semiautomatic handguns sold in the state not already on the California approved handgun roster incorporate unproven and unreliable microstamping technology.

Under this law, firearms manufacturers would have to micro laser-engrave a gun’s make, model and serial number on two distinct parts of each handgun, including the firing pin so that, in theory, this information would be imprinted on the cartridge casing when the pistol is fired.

“There is no existing microstamping technology that meets the requirement of this ill-considered law. It is not technologically possible to microstamp two locations in the gun so that required information imprints onto the cartridge casing. It is not even possible to consistently and legibly imprint on the cartridge primer the required identifying information from the tip of the firing pin, the only conceivable location for such micro-laser engraving, said Lawrence G. Keane, NSSF senior vice president and general counsel.

“The holder of the patent for this technology himself has written that there are problems with it and that further study is warranted before it is mandated. A National Academy of Science review, forensic firearms examiners and a University of California at Davis study reached the same conclusion and the technical experts in the firearms industry agree,” Keane said. “Manufacturers cannot comply with a law the provisions of which are invalid, that cannot be enforced and that will not contribute to improving public safety.

In 2007, California Assembly Bill 1471 was passed and signed into law requiring microstamping on internal parts of new semiautomatic pistols. The legislation provided that this requirement would only became effective if the California Department of Justice certified that the microstamping technology is available to more than one manufacturer unencumbered by patent restrictions. The California legislature subsequently reorganized certain statutes concerning the regulation of firearms, including the microstamping law in 2010. On May 17, 2013, Attorney General Kamala D. Harris provided such certification.”

  • Michael Holt

    This bullshit is fucked, if I wanted to shoot someone, I could buy and put together everything I need from whereever, yeah good , you System fucking CUNTS!

  • Kevin H

    Gun manufacturers and ammunition manufacturers would all wake up and no longer sell firearms and ammo to California Police Agencies, nor provide services of any kind. Things would soon change as far as gun laws would be concerned. Cut off their supply and enforce the no selling of any gun related products and services. How long could the California law enforcement agencies go without?

    • needful

      they would get it from the other 49 states ,the ammo and firearms companies won’t want to lose the money. i’m with you though,at least it might make them think a little before they pass stupid laws.

      • Robert McCalla

        needful, you are assuming they have the ability to think. I believe therein lies the problem, they have nothing to think with.

        • needful

          your right,god screwed up and put their ass where their head should be,that way they can think and talk out the same end.

    • Doug 560

      Barrett and several other companies have already done this. I’ve yet to see any agency sue these companies for failure to honor warranties, etc.

    • ROLYAT136

      Do police weapons require “microstamping” technology?

      • Smithfriend

        Not likely. I was told by an employee of a firearm store that an individual may only purchase firearms that appear on California’s roster of “safety approved guns”, UNLESS he or she is a law enforcement officer.

        This is how the “kings” and “queens” in government rule over us. The same laws that apply to the people do not apply to them.

        I was always taught that in a constitutional republic, the people delegate their authority and power to the government. How can people delegate a power (the use of certain firearms) that they do not already possess?

  • Rich

    Who ever came up with such a stupid law in the first place?
    Really goes to show that some people really live in another dimension and watch too many Sci-Fi movies …

    • manonatallhorse

      that’s cali for ya. these politicians just make up their own rules to advance their own agendas.

  • Mark N.

    Oral argument was ultimately heard may 21. I haven’t seen the result; however, the tentative decision was to deny the motion for preliminary injunction. That does not mean the case is over, but it is a setback, since the judge concluded, before argument, that NSSF had not shown that it was probable they would prevail on the merits.

    • Mark N.

      The tentative was affirmed, the judge concluding that NSSF had not demonstrated that it was “impossible” to comply with the California mandate. And the roster of “not unsafe handguns” continues to shrink. The most frustrating thing is that the microstamping edict has nothing at all to do with safety (the original stated purpose of the roster), but is instead intended to give the police a method of tracing semi-auto handguns used to commit crimes.

      • Doug 560

        Can anyone cite a case where existing registration was the sole determining factor in a criminal conviction? I sure don’t remember any.

  • Tom Harvey

    Nothing is 100% effective but microstamping is more effective than not microstamping.

    • Leroy Blanco

      I’m not sure what you mean by it “is more effective”? More effective at removing the more modern pistols from the roster? Then I would have to agree with you. Microstamping has been very effective at that.

    • Coffeeman Returns

      So if you’re gun is stolen, is used in a crime, then you’re responsible. Have fun in jail. I’ll be in Arizona with this shit doesn’t exist.

  • Marlinlever

    I’ve seen a half dozen, small, semi auto pistols that have had primer wipe. They are from three reputable maufacturers. Does anyone think microstamping would work on such a firearm?

  • Mark Meredith

    it’s stupid so your gun gets stolen someone gets shot with it the cops trace it back to you wow look it did nothing. The only thing I would agree on is if they used the micro stamp on the gun after it’s stolen to return it to the owner, but we all know they wont. And for any of that there doesn’t need to be one on the firing pin. Bullshit law to hide the fact they’re trying to remove guns from CA. I hate this state.

  • Jason Donovan

    Look at they have added 3 firearms to the roster and removed over 1150. When existing firearms came up for renewal, they weren’t renewed because the CDOJ wouldn’t. So at this rate, we won’t have any handguns that we can buy by 2016. I hope the ammo & gun manufacturers all stop selling in California but the problem is it may be too late before that happens since what IS available in CA is either old and thus grandfathered in or crap.

  • Fred

    why do people live in that state??

  • Visiontest

    Kimberly Jo Mueller Was appointed by Obama

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