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petronius

(26,602 posts)
Mon May 20, 2013, 01:52 PM May 2013

California microstamping law goes into effect

A hotly contested gun-control law that was passed in 2007 is finally ready to be implemented, Attorney General Kamala Harris said Friday: a requirement that every new semiautomatic handgun contain "micro-stamping" technology that would allow police to trace a weapon from cartridges found at a crime scene.

The law, signed by then-Gov. Arnold Schwarzenegger, made California the first state to require micro-stamping, which engraves the gun's serial number on each cartridge. But the legislation specified that it would take effect only when the technology was available and all private patents had expired.

--- Snip ---

But at a Los Angeles news conference Friday, Harris announced that micro-stamping had cleared all technological and patenting hurdles and would be required on newly sold semiautomatics, effective immediately.

--- Snip ---

Worse yet, Michel* said, manufacturers will be unwilling to add this expensive feature to guns sold in a single state, and will instead keep manufacturing weapons for the other states, where demand already far exceeds supply. The effect, he said, would be a ban on new semiautomatic handguns in California, which the NRA will challenge in court.

http://www.sfgate.com/news/article/Gun-control-Cartridge-ID-law-to-take-effect-4527165.php#ixzz2Tr8dv3RF

http://en.wikipedia.org/wiki/AB_1471

The article doesn't make it clear, but the requirement applies to new models being added to the state's approved handgun roster - not to every new firearm currently being sold. Few new firearms are added to the roster - another article I saw said none are expected to apply this year. I wonder when the lawsuits can start - now, or when a manufacturer applies to add a non-stamped model to the roster?

* Michel - NRA West Coast regional attorney
31 replies = new reply since forum marked as read
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California microstamping law goes into effect (Original Post) petronius May 2013 OP
Now on to tracers in fracking fluid Skink May 2013 #1
So it's registration of new semiauto handguns. krispos42 May 2013 #2
I'm pretty sure ... Straw Man May 2013 #5
We do have a transfer registry for new and used handguns (all sales must go through petronius May 2013 #6
I guess the distinction is that... krispos42 May 2013 #17
What a waste... discntnt_irny_srcsm May 2013 #3
I believe it's a very good start and the nation will follow. I hope so. xtraxritical May 2013 #7
It's doubtful... discntnt_irny_srcsm May 2013 #9
That's good, I enjoyed making you pukey! xtraxritical May 2013 #13
You're welcome... discntnt_irny_srcsm May 2013 #15
no other country does it gejohnston May 2013 #10
A good start? Straw Man May 2013 #12
Pretty obviously gun control. xtraxritical May 2013 #14
Thank you, Captain Obvious. Straw Man May 2013 #16
Has there been any mention of manufacturers adopting this technology? jmg257 May 2013 #4
That's a good question - I haven't heard of any manufacturer offering or petronius May 2013 #8
If anything, LE should be the test bed for this technology. krispos42 May 2013 #18
And yet, appear to be excluded from the laws they want us to follow... SQUEE May 2013 #20
Well, that's par for the course. krispos42 May 2013 #21
what is the law that law enforcement needs to follow? CreekDog May 2013 #22
Having their guns microstamped. krispos42 May 2013 #23
so you're in favor of the law you just don't want law enforcement exempted CreekDog May 2013 #24
Is it just me or is this law stupid? kudzu22 May 2013 #11
Indirectly, no, if your goal is to lessen high-capacity firearms. krispos42 May 2013 #19
I don't see it reducing massacres kudzu22 May 2013 #26
Right. Straw Man May 2013 #27
Smith and Wesson decided to add a safety key lock to their revolver line ... spin May 2013 #25
Next up, banning new firing pins and barrels X_Digger May 2013 #28
new 'production' of guns, or new 'models' of guns ... quadrature May 2013 #29
Seems to be new models, but not new production of existing models petronius May 2013 #30
thanks for posting ... quadrature May 2013 #31

krispos42

(49,445 posts)
2. So it's registration of new semiauto handguns.
Mon May 20, 2013, 02:18 PM
May 2013

After all, microstamping only makes sense if the gun is registered, yes?

Straw Man

(6,624 posts)
5. I'm pretty sure ...
Mon May 20, 2013, 03:59 PM
May 2013

... that CA already registers handguns. NY does, and AFAIK is the only other state that has pondered microstamping. Considered the spectacularly expensive failure of COBIS (think "primitive microstamping&quot in NY, I'm surprised that anybody still considers this to be a viable idea for crime-fighting. On the other hand, for throwing impediments in the path to legal gun ownership, it's much more effective.

It's not the technology that failed in COBIS (and will fail with microstamping): it's the concept. Apparently very few gun crimes are committed by legal owners with their registered guns. Surprise, surprise.

However, microstamping has one big advantage in the eyes of the gun-banners: unlike COBIS, the cost of microstamping is borne by manufacturers and consumers of firearms -- not by government. Making gun owners pay to be harassed is a source of amusement for the prohibitionists.

petronius

(26,602 posts)
6. We do have a transfer registry for new and used handguns (all sales must go through
Mon May 20, 2013, 04:00 PM
May 2013

a dealer), and new residents bringing handguns need to file a new resident handgun ownership form as a personal importer. So in theory DOJ has a record of every time a handgun is legally brought into the state, and every time one legally changes owner. Officially we don't have 'registration', but I don't really understand the difference between handgun registration and what we do have...

krispos42

(49,445 posts)
17. I guess the distinction is that...
Tue May 21, 2013, 09:30 AM
May 2013

...if you don't transfer the gun, it's not registration.

Of course, as time marches on, eventually all handguns will be transferred to somebody. Everybody dies, after all.

discntnt_irny_srcsm

(18,479 posts)
9. It's doubtful...
Mon May 20, 2013, 04:31 PM
May 2013

Last edited Mon May 20, 2013, 08:53 PM - Edit history (1)

...that anything not counterproductive will come from microstamping, IMHO.

re: "I hope this pukes you too."

If by "this" you mean the prospect of implementing some microstamping database, then yes it does. I believe I made that rather clear in my reply. If that wasn't quite clear...


Straw Man

(6,624 posts)
12. A good start?
Mon May 20, 2013, 10:34 PM
May 2013
I believe it's a very good start and the nation will follow. I hope so.

A good start to what, exactly? What's the ultimate goal? How will this help get you there?

Straw Man

(6,624 posts)
16. Thank you, Captain Obvious.
Tue May 21, 2013, 02:43 AM
May 2013

What problem does microstamping address? What would you see as a next step? What is the ultimate goal?

Or haven't you thought it out that far?

jmg257

(11,996 posts)
4. Has there been any mention of manufacturers adopting this technology?
Mon May 20, 2013, 02:46 PM
May 2013

I wonder how big the market is/would be on new models that may come out, and whether builders will bother.

With LE exempt, and new purchasers very likely to prefer not having this..."feature", doesn't seem a lot of money to made.

petronius

(26,602 posts)
8. That's a good question - I haven't heard of any manufacturer offering or
Mon May 20, 2013, 04:23 PM
May 2013

planning to offer this feature, but I haven't been paying much attention and there's no reason any would without the requirement. Opponents of the law assume no manufacturer will try, which is why they characterize it as a de facto ban. But it would be interesting to know how big our market really is: CA is ~10% of the countries population and while I doubt we drive the gun market the way CA and TX drive textbooks (for example) maybe it it will be worth it for some...

krispos42

(49,445 posts)
18. If anything, LE should be the test bed for this technology.
Tue May 21, 2013, 09:33 AM
May 2013

They're carrying government-owned, government-issued guns in service of the people, and are authorized to use deadly force in that service. As such, they have no expectation of privacy.

SQUEE

(1,315 posts)
20. And yet, appear to be excluded from the laws they want us to follow...
Tue May 21, 2013, 10:21 AM
May 2013

Some animals are more equal I guess.

krispos42

(49,445 posts)
21. Well, that's par for the course.
Tue May 21, 2013, 10:31 AM
May 2013

Cops, who routinely have to physically handle criminals and routinely run the risk of getting their sidearm used against them, should be among the leaders in adopting "smart gun" technology. Police departments have enough purchasing power and government money to actually buy smart guns in bulk for their departments and train people in their use.

And yet...

CreekDog

(46,192 posts)
22. what is the law that law enforcement needs to follow?
Tue May 21, 2013, 06:20 PM
May 2013

what is the thing they need to follow that they are exempted from, be specific.

krispos42

(49,445 posts)
23. Having their guns microstamped.
Tue May 21, 2013, 06:42 PM
May 2013

So it looks like either or both of the following conditions are true:

- Law enforcement agencies do not have to buy microstamped guns to issue to their officers, even if they are commercially available.

- Active duty law enforcement officers, when buying their own personal guns for their own personal use with their own money, do not have to buy microstamped guns, even if they are commercially available.

kudzu22

(1,273 posts)
11. Is it just me or is this law stupid?
Mon May 20, 2013, 07:58 PM
May 2013

It makes it pretty easy to frame someone else for murder. All you have to do is go to a shooting range and collect some of the brass on the ground. Then be sure to scatter them at the scene right after you murder someone. To be extra safe, make sure your murder weapon is a revolver.

krispos42

(49,445 posts)
19. Indirectly, no, if your goal is to lessen high-capacity firearms.
Tue May 21, 2013, 09:47 AM
May 2013

If people shun microstamped handguns and purchase revolvers instead, then you're reducing over time the number of handguns that can accept quickly-changeable magazines of large but arbitrary capacity.

The practical mechanical limitation of a revolver's capacity is much lower than that of a semiautomatic. The largest revolver capacity that I'm aware of is 10 rounds, and that's in .22LR. I think S&W makes some 8-shot .357 Magnums, but it's a pretty solid rule that centerfire revolvers have a capacity between 5 and 7 rounds.

So, maybe maybe maybe you're reducing the chance of a Virginia Tech-style mass shooting at some point in the future.


Of course, revolvers leave less forensic evidence behind than semiautos, so probably you'd have fewer arrests of murderers.

kudzu22

(1,273 posts)
26. I don't see it reducing massacres
Tue May 21, 2013, 07:22 PM
May 2013

Anyone planning a massacre isn't going to care if their shells are microstamped. Reducing the number in private hands does not affect likelihood of a killer going on a kill spree, as long as they are available, the gun and the killer will find each other.

I think this is more of a de-facto ban on new semi-autos, packaged as a crime solving law. In fact, I will wager that in ten years' time there will be zero crimes solved by microstamping.

Straw Man

(6,624 posts)
27. Right.
Tue May 21, 2013, 09:25 PM
May 2013
I think this is more of a de-facto ban on new semi-autos, packaged as a crime solving law. In fact, I will wager that in ten years' time there will be zero crimes solved by microstamping.

COBIS did exactly that: solved zero crimes in 10 years in NY. For you non-New-Yorkers, COBIS was a catalogued collection of fired casings from all new semi-auto pistols sold in NY. The goal was to use the stored cases for ballistic match to cases found at crime scenes. This is the same concept as microstamping, except that with microstamping they could just look for the number rather than have to do ballistic matching with a microscope. The reason it never worked is that they could never match a fired case found at the scene to one in the archive, meaning that either the crime guns weren't legally registered in NY State, or they had been stolen from their legal owners. Doh!

The goal is to use any means possible to restrict firearms ownership.

spin

(17,493 posts)
25. Smith and Wesson decided to add a safety key lock to their revolver line ...
Tue May 21, 2013, 07:06 PM
May 2013

and the result was a loss in sales. Many shooters simply refused to by a new S&W revolver with the key lock and instead looked for a used version without it.

S&W has decided to phase out the safety lock for its revolver lineup.

Internal locking mechanism

Most Smith & Wesson revolvers have been equipped with an internal locking mechanism since the acquisition by Saf-T-Hammer. The mechanism is relatively unobtrusive, is activated with a special key, and renders the firearm inoperable. While the lock can simply be left disengaged, some gun enthusiasts prefer "pre-lock" guns. Smith & Wesson has repeatedly stated that the locking mechanism does not affect reliability, although several cases have been documented.[34]
Smith & Wesson announced in March 2009 that it would begin phasing the internal lock out of its revolver lineup.[35] The company is now producing the original model 442 and 642 without the internal lock.

Most Smith & Wesson revolvers have been equipped with an internal locking mechanism since the acquisition by Saf-T-Hammer. The mechanism is relatively unobtrusive, is activated with a special key, and renders the firearm inoperable. While the lock can simply be left disengaged, some gun enthusiasts prefer "pre-lock" guns. Smith & Wesson has repeatedly stated that the locking mechanism does not affect reliability, although several cases have been documented.[34]
Smith & Wesson announced in March 2009 that it would begin phasing the internal lock out of its revolver lineup.[35] The company is now producing the original model 442 and 642 without the internal lock.


I fear firearm manufacturers will avoid making firearms with a microstamping feature for just one state. There's little if any profit motive and far more money can be made by simply continuing to manufacture firearms for buyers in other states who do not impose this requirement. Firearms manufacturers are not having any problems selling their current models but are in fact having a difficult time keeping up with demand.




petronius

(26,602 posts)
30. Seems to be new models, but not new production of existing models
Thu May 23, 2013, 11:02 PM
May 2013

AB 1471 says, in the (highly debatable) new definition of an "unsafe gun":

12126. As used in this chapter, "unsafe handgun" means any
pistol, revolver, or other firearm capable of being concealed upon
the person, as defined in subdivision (a) of Section 12001, for which
any of the following is true:

-- Snip --

(b) For a pistol:

-- Snip --

(7) Commencing January 1, 2010, for all semiautomatic pistols that
are not already listed on the roster pursuant to Section 12131
, it
is not designed and equipped with a microscopic array of characters
that identify the make, model, and serial number of the pistol,
etched or otherwise imprinted in two or more places on the interior
surface or internal working parts of the pistol, and that are
transferred by imprinting on each cartridge case when the firearm is
fired, provided that the Department of Justice certifies that the
technology used to create the imprint is available to more than one
manufacturer unencumbered by any patent restrictions. The Attorney
General may also approve a method of equal or greater reliability and
effectiveness in identifying the specific serial number of a firearm
from spent cartridge casings discharged by that firearm than that
which is set forth in this paragraph, to be thereafter required as
otherwise set forth by this paragraph where the Attorney General
certifies that this new method is also unencumbered by any patent
restrictions. Approval by the Attorney General shall include notice
of that fact via regulations adopted by the Attorney General for
purposes of implementing that method for purposes of this paragraph.

-- Snip --

http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1451-1500/ab_1471_bill_20070711_amended_sen_v96.html

Section 12131 says:

On and after January 1, 2001, the Department of Justice shall compile, publish, and thereafter maintain a roster listing all of the pistols, revolvers, and other firearms capable of being concealed upon the person that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this state pursuant to this title. The roster shall list, for each firearm, the manufacturer, model number, and model name.

http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1.3/s12131

So it seems that as long as a model (number and name) is currently determined "not to be unsafe", the absence of microstamping doesn't make it 'unsafe'. But a new model without microstamping would be 'unsafe'...
 

quadrature

(2,049 posts)
31. thanks for posting ...
Thu May 23, 2013, 11:53 PM
May 2013

some of this seems hard to believe.

existing gun-models could be in production
for decades, or centuries.

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