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Bang / Guns
See other Bang / Guns Articles

Title: Gun rights groups await judge's ruling on California's 'microstamping' law
Source: Fox News
URL Source: http://www.foxnews.com/politics/201 ... -california-microstamping-law/
Published: Feb 17, 2015
Author: Malia Zimmerman
Post Date: 2015-02-17 16:45:41 by misterwhite
Keywords: None
Views: 4295
Comments: 20

California's gun laws are among the nation's strictest, but a looming decision in a federal lawsuit could effectively ban handguns altogether in the Golden State, according to plaintiffs who want a judge to toss out a state law requiring all new handguns to be equipped with technology that "stamps" each shell casing with a traceable mark.

The problem with the “microstamping” law, which was signed into law by then-Gov. Arnold Schwarzenegger in 2007 but only took effect in 2013, is that it relies on an unworkable technology, according to gun manufacturers and attorneys for the Second Amendment Foundation and Calguns Foundation. If guns without the technology can't be sold in California, and gun manufacturers can't implement the technology, the law is, for practical purposes, a handgun ban that violates the Second Amendment, goes the argument.

This is about the state trying to eliminate the handgun market,” said Alan Gura, the lead attorney in Pena v. Lindley, filed on behalf of the Second Amendment Foundation and Calguns Foundation against the Chief of the California Department of Justice Bureau of Firearms. “The evidence submitted by the manufacturers shows this is science fiction and there is not a practical way to implement the law.

California Eastern District Judge Kimberly Mueller is considering Gura's request for her to enjoin the state from imposing a ban on the sale of new handguns based on lack of compliance with the microstamping law while the case, first filed in 2009, until the technological challenges are resolved. Although Mueller has not said when she will issue a decision, Second Amendment Foundation officials believe it could come any day.

Since the law took effect in 2013, no manufacturer has made a new firearm that complies with the requirement.Two major manufacturers, Smith & Wesson and Sturm, Ruger & Co., announced last year they would stop selling new firearms in the California market, and blamed the microstamping law. The technology has been demonstrated, but gunmakers say requirements that each new model, or even modification, must be re-tested for compliance makes the entire scheme unworkable.

The microstamping bill was introduced by the state lawmaker and current Los Angeles City Attorney Mike Feuer, who insists the technology is not only workable, it will make it much easier to solve gun crimes.

“When we know who bought the crime gun, that’s a significant lead for law enforcement,” said Feuer co-founder of Prosecutors Against Gun Violence.

If the law were expanded throughout the country, Feuer believes the technology could help solve the approximately 45 percent of gun crimes in the country that go unsolved.

Dr. Dallas Stout, president of the California Brady Chapters, also endorsed the law after pushing for its passage, saying it will “provide law enforcement with an important tool to track down armed criminals and help solve gun crimes.”

Both ballistic identification and microstamping systems help law enforcement investigate gun crimes because cartridge cases are much more likely to be recovered at the scene of a shooting than the gun itself, the Law Center to Prevent Gun Violence maintained.

However, the theory that the law will actually help solve crimes remains untested. A spokesperson for Long Beach’s Police Forensic Sciences Services Division said the department has no such statistics because there are no firearms that actually use the technology yet. And even law enforcement authorities have wavered on whether it will work: The California Police Chiefs Association, which originally supported the legislation in 2007, changed its position in 2009.

“Publicly available, peer-reviewed studies conducted by independent research organizations conclude that the technology does not function reliably and that criminals can remove the markings easily in mere seconds,” the California Police Chiefs Association said in a letter to then state Attorney General and current Gov. Jerry Brown.

Feuer blames the gun lobby for the change in position, saying it “has engaged in an outrageous, last ditch effort to try and thwart a law broadly supported by law enforcement.”

Without action by Mueller, there will be no way for a California resident to buy a new firearm until the case is ultimately decided, perhaps by the U.S. Supreme Court, said Gene Hoffman, co-founder of Calguns Foundation.

“Any new semi-automatic gun that we want to carry for self defense or purchase as collectors will not be available to us at all,” Hoffman said.

If new guns can't be purchased, older ones that are grandfathered in under the microstamping law will cost more, said John Lott, president of the Crime Prevention Research Center. That takes square aim at the Second Amendment rights of the poor, he said.

“The problem is the people who need guns the most and benefit the most from owning gun, poor individuals in high crime areas, are priced out of the market,” Lott said. “Who do they think they are disarming as a result of the law? It is minorities in poor crime areas, not some wealthy guy who can afford to purchase the firearms at a higher cost.”

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#1. To: misterwhite, tpaine, Gatlin (#0)

More reason why I load my own ammo AND HORDE supplies. Like 50,000 primers.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-17   16:54:17 ET  Reply   Trace   Private Reply  


#2. To: GrandIsland, Y'ALL (#1)

More reason why I load my own ammo AND HORDE supplies. Like 50,000 primers.

I wouldn't worry very much about this 'law', as it is such an obvious effort to get around the 2nd, that it may boomerang on the idiots that wrote/passed it, and result in a definitive SCOTUS decision reaffirming gun rights.

The question going begging here, imo, is misterwhites stance on this California farce.. Does he still contend that a State can legitimately pass such prohibitive/unconstitutional 'regulations' on our RTKABA's?

Maybe you can ask him and get a rational reply. -- He hides from me, claiming I misrepresent his anti gun agenda, poor fella.

tpaine  posted on  2015-02-17   17:20:26 ET  Reply   Trace   Private Reply  


#3. To: GrandIsland (#1)

Off topic, but should be of interest:
Universal Huntress Heads to Zimbabwe for the Dangerous 7 on Sportsman Channel.

Gatlin  posted on  2015-02-17   17:57:16 ET  Reply   Trace   Private Reply  


#4. To: Gatlin (#3)

My son called me last night to ask if I wanted to go back to South Africa in 2017. Though I'd love to do it, and I will someday go back, I'm still paying for my 2014 trip last March. Just the taxidermy bill on my two animals is 2 grand alone.

If I go back, I'll take a +55" Kudu and a Eland. The dangerous 7 are out of a retired cops price range. lol

I have pictures of my Impala and Waterbuck if you'd like to see them.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-17   18:20:05 ET  Reply   Trace   Private Reply  


#5. To: GrandIsland (#4)

Yes, I would like to see the pictures.

Gatlin  posted on  2015-02-17   18:50:16 ET  Reply   Trace   Private Reply  


#6. To: Gatlin (#5)

I'll private message the links. I still don't know how to post a picture. lol

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-17   19:02:25 ET  Reply   Trace   Private Reply  


#7. To: GrandIsland (#1)

More reason why I load my own ammo AND HORDE supplies. Like 50,000 primers

Makes me wonder why you are arming yourself especially since you seem to think that police becoming more like soldiers and having armored vehicles and other military grade weaponry is such a great idea.

You think that when TSHTF they won't come after you or your guns simply because you're an ex-cop?

Exactly what are you preparing yourself for anyways?

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-02-17   19:15:20 ET  Reply   Trace   Private Reply  


#8. To: Deckard (#7) (Edited)

You think that when TSHTF they won't come after you or your guns simply because you're an ex-cop?

Exactly what are you preparing yourself for anyways?

I'll tell you why I arm myself.

I don't particularly feel I will ever see a revolt or outright ban (or a door to door confiscation) on firearms in my lifetime. I know for a fact that law enforcement doesn't have the tools and personnel to be used by government against their own communities. The majority of LE supports gun rights and is against unconstitutional gun laws. Every NYS Sheriff, stood against CUCK FUOMO's UnSafeAct. They vowed not to enforce it. So, I'm reasonably sure I don't have to arm myself against the police. Ferguson should be an eye opener for the anti police fear monger crowd. Police can't (and they know they cant) control any community. I worry more about our military used against us.

I arm myself because I feel the federal government will try and ban ammo, kinds of ammo, price it out of availability or try to track ammo by micro stamp. If they manage to do this, I know for a fact the ammo manufactures will comply. After the UnSafeAct, Glock stopped shipping any gun that held more rounds that 7, to NYS, unless it was to a FFL distributor or a police agency.

If ammo is banned, suppressed, priced out of reach... or micro stamped, I want the materials needed to never have to buy a single bullet again.

If I do see a revolt, I'll be ready. Regardless, I want to be well armed in case we have an economic collapse.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-17   19:39:48 ET  Reply   Trace   Private Reply  


#9. To: Deckard (#7)

You think that when TSHTF they won't come after you or your guns simply because you're an ex-cop?

No, I don't believe any state, county or local police agency will come for my guns. I fear a federal agency might or the military. If we collapse, everyone might try and come get them. Everyone will be my enemy.

They'll have to pry them from my cold, dead, hands.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-17   19:42:35 ET  Reply   Trace   Private Reply  


#10. To: GrandIsland, Gatlin (#4)

Hello ladies. Long time, huh?

We used to be a land where we gave up our lives to protect our freedom. Now we give up our freedom to protect our lives.

We The People  posted on  2015-02-17   20:05:49 ET  Reply   Trace   Private Reply  


#11. To: GrandIsland (#9)

No, I don't believe any state, county or local police agency will come for my guns. I fear a federal agency might or the military

You do realize that local and state police are controlled, trained and funded by DHS, right?

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-02-17   20:10:30 ET  Reply   Trace   Private Reply  


#12. To: Deckard (#11)

You do realize that local and state police are controlled, trained and funded by DHS, right?

Thats not true.

My agency worked from a budget that was funded by100% tax collected from country residents.

We had a few officers that were ex mitary, and the U.S. Government picked up their salaries for the first 3 years as an incentive to hire vets. That little perk was minute... and upon my departure, that perk was no longer in existence.

The only government fund we got was for child seats (4,700.00 a year) and old used military surplus equipment (which my boss would opt not to take more times than he did)

What you are taking about is some training blocks. You are misleading the readers. I probably averaged 100 hours of training a year, counting firearms qual. Of that 100 hours, I might have attended a two day, 16 hour federally granted school. It was always for "active gunman". Training how to deal with school shooters. Not FEMA prison 101.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-17   20:25:48 ET  Reply   Trace   Private Reply  


#13. To: Deckard (#11)

I should have known better than take time to honestly tell you why I horde reloading supplies.

You can't even address my honest answer. Instead you took the opportunity to spread misinformation and fear monger your agenda.

You are truly sad. I'll know better next time to know you aren't here to do anything but use the forum for your infomercials and sales pitches.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-17   20:31:56 ET  Reply   Trace   Private Reply  


#14. To: We The People, GrandIsland (#10)

Thought about you a few times. One of the first things I did when I arrived was to look to see the last time you posted.

Gatlin  posted on  2015-02-17   21:45:27 ET  Reply   Trace   Private Reply  


#15. To: We The People, GrandIsland (#10) (Edited)

Edit: Duplicate Removed.

Gatlin  posted on  2015-02-17   21:47:36 ET  Reply   Trace   Private Reply  


#16. To: GrandIsland (#1)

Like 50,000 primers.

"ROTFL" to use an infamous yukon euphemism.

Pridie.Nones  posted on  2015-02-17   21:52:15 ET  Reply   Trace   Private Reply  


#17. To: Gatlin (#14)

Sad news about Goldie. Does anyone know what happened?

We used to be a land where we gave up our lives to protect our freedom. Now we give up our freedom to protect our lives.

We The People  posted on  2015-02-18   5:49:26 ET  Reply   Trace   Private Reply  


#18. To: We The People (#17)

Sad news about Goldie. Does anyone know what happened?

I think Pete knows the most details.

All I know is that she suffered an unattended death, in her home, from an unknown cause.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-18   6:20:37 ET  Reply   Trace   Private Reply  


#19. To: GrandIsland (#1)

Stupid law. The bad guys grind off serial numbers. A "microstamp" would be child's play. Or they'll replace the firing pin. Or they'll switch to revolvers. Or they'll use a "pre-microstamp" gun.

Feel-good legislation, that's all.

misterwhite  posted on  2015-02-18   10:11:51 ET  Reply   Trace   Private Reply  


#20. To: misterwhite (#19)

Feel-good legislation, that's all.

All gun legislation designed to reduce crime is "feel good" PR bullshit. I agree.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-18   11:35:15 ET  Reply   Trace   Private Reply  


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