NSSF and the Sporting Arms and Ammunition Manufacturers’ Institute (SAAMI) yesterday filed a lawsuit on behalf of their members against the State of California in Fresno Superior Court challenging the state’s microstamping law. NSSF and SAAMI seek to invalidate and enjoin enforcement of provisions of state law enacted in 2007, but not made effective until May 2013, requiring that all semiautomatic pistols sold in the state not already on the California approved handgun roster contain 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 gun, 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 will reliably, consistently and legibly imprint the required identifying information by a semiautomatic handgun on the ammunition it fires. 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,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “Manufacturers can not comply with a law the provisions of which are invalid, that cannot be enforced and that will not contribute to improving public safety. As a result, we are seeking both declaratory and injunctive relief against this back-door attempt to prevent the sale of new semiautomatic handguns to law-abiding citizens in California.”
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.
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