Federal Court Rules Against CA Micro-Stamping Requirement

Report from National Shooting Sports Foundation (NSSF)
The U.S. District Court (Central District of California) has issued a preliminary injunction blocking enforcement of California’s Unsafe Handgun Act with its microstamping requirement. The case, Boland v. Bonta, was filed shortly after the U.S. Supreme Court’s Bruen decision. The District court issued the preliminary injunction on March 20, 2024, via an order signed by U.S. District Judge Cormack J. Carney.

“This order is a victory for lawful gun ownership in California. For too long, the Second Amendment has been significantly infringed upon by elected officials who have taken every opportunity to put roadblocks in front of law-abiding citizens seeking to exercise their Second Amendment rights”, said Lawrence G. Keane, NSSF Senior VP and General Counsel.

This microstamping requirement is technologically unsound. And it has resulted in massive reductions in handguns available to California citizens. According to the NSSF: “Since [the microstamping rule went into effect], California’s list of handguns certified for sale has dwindled. No new models have been added to California’s approved list since 2013, and models available for sale have dwindled 75%, from 976 handgun models to under 250 in 2022[.]”

“The order … is a significant win. NSSF has long contended that California’s Unsafe Handgun Act is an unconstitutional infringement denying Californians their ability to legally purchase the handguns that would best suit their needs”, Keane continued. “The court is correctly applying the holdings of the Supreme Court’s Bruen decision that the Second Amendment is the only test when it comes to lawful firearm ownership and the holdings of Heller that firearms in common use are protected by the Second Amendment.”

Boland v. Bonta, filed by the California Rifle & Pistol Association, challenged California’s Unsafe Handgun Act that requires all new pistols sold in the state to be equipped with a chamber-loaded indicator, a magazine disconnect mechanism, and be capable of using the firing pin to embed a microstamp on the primer of a fired cartridge case. That final requirement is technologically problematic, to say the least.

NSSF has testified in California’s legislature that it was impossible to meet the microstamping requirement. And event the microstamping patent-holder, Todd Lizotte, admitted that microstamping is unreliable, stating, “…legitimate questions exist related to both the technical aspects, production costs, and database management associated with microstamping that should be addressed before wide scale implementation is legislatively mandated.”

“The microstamping provision requires handguns to have a particular feature that is simply not commercially available or even feasible to implement on a mass scale,” the court’s order reads. This is a fact that NSSF has long maintained, and all peer-reviewed studies have reached the same conclusion.

Microstamping can be easily defeated by dragging a nail file over the tip of a firing pin or replacing the firing pin. However, the requirement was certified by then-Attorney General Kamala Harris. Since the adoption of the microstamping rule, California’s list of handguns certified for sale has dwindled. No new models have been added to California’s approved list since 2013, and models available for sale have dwindled 75 percent, from 976 handgun models to under 250 in 2022.