Gun Ban by Default

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14546427-doodle-style-handgun-ban-or-gun-control-illustration-in-vector-format-includes-automatic-pistol-surrAs of today, May 17, 2013, no new semi-auto handguns will be added, or renewed, to the California Roster of Handguns Certified for Sale unless they incorporate microstamping technology. Just what is that you ask? Here is what that means according to the California Department of Justice:

“Therefore, to be listed on the Roster of Handguns Certified for Sale in California, a semiautomatic pistol must be equipped with microstamping technology-i.e., 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.”

Read the whole announcement HERE

Ok you say, no big deal, there are a ton of great guns already on the Roster of Handguns Certified for Sale in California, I’ll just buy one of them. Not so fast! Take a look see at that roster. Notice the certification expiration dates?

Firearms-Micro-StampingThat’s right, certification expires and must be renewed every three years, you know, because the same make/model gun with no design changes suddenly will not pass the same stupid tests it passed three years ago.

I kind of think the lawmakers saw this as a long term way of eliminating guns, because as the years have gone by, they have continued to add requirements for the guns to be on the roster of approved guns. The most recent added requirement is the inclusion of a magazine disconnect device (gun will not fire without a magazine inserted). Most manufacturers have refused to comply with this asinine requirement in order to sell guns in just one state, and rightfully so. The few guns that do meet that requirement are now going to be forced to include microstamping if they want to make back on the list the next time around. To the best of my knowledge, no manufacturer is currently producing any firearms that include microstamping.

As a resident of California, it saddens me that many of the new handguns on the market are not available to us, but from a business standpoint, it makes complete sense. If I were a gun maker, I also would tell California to pound sand.

As a practitioner of law (from a cop standpoint, not a lawyer by any means), I think the residents of California may have a legitimate lawsuit against the state for essentially banning handgun sales. They may not have specifically banned them, but the net effect of their legislation is the same. It is making handguns, a type in very common use, impossible to purchase which according to the Supreme Court decision in District of Columbia v. Heller, is a violation of the Second Amendment. Looks like it is time for the California gun rights organizations to rally together and file a suit. Maybe we can get them to include assault weapons since those also fall under the “type in common use” verbiage in Heller.

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