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Posted on 01/08/2019 12:33:50 PM PST by PROCON
A legal challenge to California’s controversial microstamping law that has effectively outlawed the commercial sale of new semi-auto handgun models in the state is being sent to the nation’s high court.
The microstamping mandate, part of California’s Unsafe Handgun Act, was upheld by a 2-1 panel of the U.S. 9th Circuit Court of Appeals last August in the case of Pena v. Lindley. The lawsuit’s plaintiffs — Ivan Pena, Dona Croston, Roy Vargas, and Brett Thomas — stress they are unable to buy the majority of popular new semi-auto handguns from such companies as Smith & Wesson, Ruger and Glocks as the manufacturers do not make pistols that can pass the state’s 2013 requirement that handguns mark cartridges with a microscopic array of characters, that identify the make, model and serial number of the pistol upon firing.
Backed by the Second Amendment Foundation and Calguns Foundation, Pena and the other plaintiffs are represented by attorneys Donald Kilmer and Alan Gura, who argue that the Supreme Court’s past ruling in the 2008 Heller case is plain when it comes to California’s law.
“In Heller, this Court held that the government cannot ban handguns, as these are Second Amendment ‘arms’ of the kind ‘in common use’ for traditional lawful purposes rather than ‘dangerous and unusual weapons,'” says the 39-page filing. “All of that was tossed aside below. California’s legislature believes handguns are ‘unsafe’ if they do not microstamp. If handguns in the United States today do not eject microstamped casings, that is too bad . . . for consumers.”
While the current roster counts some 699 handguns, the list includes revolvers and derringers — which are exempt from the microstamping requirement — as well as semi-autos. Further, on Jan. 1, no less than 70 legacy pistol models were removed from the list as their five-year approval expired.
Last year, Judge Margaret McKeown brushed aside Pena’s concerns over the shrinking roster that in 2013 contained 883 semi-automatics but by 2017 had contracted to 496, saying “all of the plaintiffs admit that they are able to buy an operable handgun suitable for self-defense — just not the exact gun they want.”
A similar case brought by gun industry groups was rejected by the California Supreme Court last year with justices there saying essentially that the law is the law, regardless of what was or wasn’t possible.
“Impossibility can occasionally excuse noncompliance with a statute,” Justice Goodwin Liu said for the majority. “But impossibility does not authorize a court to go beyond interpreting a statute and simply invalidate it.”
Larry Keane, general counsel for the National Shooting Sports Foundation, one of the groups in the California Supreme Court challenge, told Guns.com that the state is experiencing a “slow motion handgun ban as fewer and fewer models are allowed to be sold in the state. California is to handguns what Cuba is to cars; only old models are available.”
If gun laws like these are left to stand, we all know confiscation laws will soon follow with these anti-freedom fascists.
This Ping List is for all things pertaining to the 2nd Amendment.
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More 2nd Amendment related articles on FR's Bang List.
“...California’s controversial microstamping law...”
Mental illness.
I really would prefer we endure these 2nd A encroachments and hope Trump gets to Replace one of the Rats. I don’t trust the present court with the 2nd. Last time we came very close to losing it. It was 5-4 and Roberts has gone further left in the meantime.
I hate California, my native state.
The Supreme Court needs to treat the 2nd amendment like the first, and throw out all infringements. Not just for Californians, but for all of us. I live five miles from California, my constitutional rights end at that border. That is wrong. The Supreme Court could solve this by essentially ruling that constitutional carry is valid nationwide and put an end to these state and local infringements.
The Cal DOJ roster is insane. Guns that are “safe” in 49 states are “not safe” in California.
O.M.G. The inmates are truly running the asylum.
Well, to be fair, the firearm owner they're dealing with is the guy who'd vote for the current crap of Kalifornia legislators, so they may have a point.
Does the technology even exist to manufacture “mircostamping” handguns which would comply with the law.
This is also why Kalifornians can't buy Gen4 or Gen5 Glocks. (LEs can, because they're exempted from having to purchase from the roster.)
That statement succinctly defines the real problem we face.
Being a legal gun owner in one state and a criminal in the next needs to be addressed and a National reciprocity law is the only way to make it happen.
It seems this legislation passed the U.S. House and is sitting on Mitch McConnell's desk.
To be really fair, the roster has saved me a ton of money I otherwise would have spent on some excellent current handguns. Most law abiding Californians probably do not care if it has a loaded chamber indicator, survives a drop test, has a magazine disconnect feature or can micro stamp an ejected casing.
Now it is just a huge embarrassment and caricature of what a great state it once was.
They enforce them whether constitutional or not. Ohio just passed a law that cities could not enforce gun laws that superseded the state law. Passed over a Kasich Veto by the way. I am willing to bet that the bigger cities will devise a way around the clear letter of the law anyway, it is what they do.
To Add,
I Want a Ruger Security 9 !
I think RBG will either die or be forced to resign due to declining health with 6 months and Trump will replace her with a prolife originalist. 80+ years of judicial activism will go into the shitcan where it deserves.
We just saw this in Boulder, CO. where the city banned AR-15's in direct violation of the states preemption law.
And the same thing in my state of Washington; our state preemption law states local jurisdictions may not enact laws that supercede state law, but the city of Seattle has done it twice, one with a 'gun tax' ordinance and another with a mandatory gun storage law.
We need SCOTUS to make a blanket 2nd Amendment ruling that will put an end to this usurping of gun rights.
I'm not holding my breath though.
Oh, that will be a media/democrat feeding frenzy I can't wait to watch.
The Cal DOJ roster is insane. Guns that are “safe” in 49 states are “not safe” in California.
= = =
Note that LEOs can buy outside the roster.
So they can get unsafe guns, but the rest of us cannot.
Why do LEOs need unsafe guns?
To shoot dogs?
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