March 1st, 2015

California Microstamping Requirement Upheld in Court

Californians may be relegated to shooting revolvers soon. On February 27, 2015, a Federal Judge in California over-ruled objections to a California state law requiring that all new semi-auto handguns have microstamping capability. In granting summary judgment to the State, Eastern District Judge Kimberly Mueller halted legal efforts to over-turn microstamping requirements for semi-auto pistols. Unless this District Court ruling is overturned on appeal, this Federal Court decision would effectively ban the sale or possession of most (if not all) new semi-auto handguns in the state.

Editor’s Comment: There is some hope however — the Calguns Foundations said counsel has already appealed the recent ruling to the Ninth Circuit Court of Appeals.

The ruling was issued in Peña v. Lindley, a Federal case that pitted California resident Ivan Peña and three other individual plaintiffs against Stephen Lindley, the chief of the California Department of Justice’s Bureau of Firearms.

At issue was California’s microstamping law, which was signed into law in 2007 by then-Gov. Arnold Schwarzenegger, but which only took effect in 2013. In the two years since the micro-stamping requirement went into effect, no manufacturer has made a new firearm that complies with the requirement. Both Smith & Wesson and Sturm, Ruger & Co., are not shipping their latest (post-2013 design) firearms into the California market because of the microstamping law. Opponents of the law argued that the microstamping requirment was, effectively, a de facto ban on all semi-auto pistols, since not one manufacturer has offered guns that comply with the law.

“This is about the state trying to eliminate the handgun market,” said Alan Gura, the lead attorney in Peña v. Lindley told Fox News last week. “The evidence submitted by the manufacturers shows this is science fiction and there is not a practical way to implement the law.”

The Peña v. Lindley case was argued at the trial court on December 17, 2013. Peña, gun manufacturers, and attorneys for the Second Amendment Foundation and Calguns Foundation argued that microstamping relies on impractical and unworkable technology. The plaintiffs argued that, if guns without the technology can’t be sold in California, and gun manufacturers can’t implement the technology, then the law functions as a de facto handgun ban that violates the Second Amendment.

The Calguns Foundation stated that the group is “disappointed that the district court sidestepped a clear violation of Second Amendment civil rights in its decision today. However, we are absolutely committed to litigating this case as far as necessary to reverse this incorrect ruling and restore the right to keep and bear modern handguns in the Golden State.”

Story based on report in Cheaper that Dirt Shooters’ Log.

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