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Old 05-17-2013, 3:14 PM
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bwiese bwiese is offline
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Default Microstamping "certified" by DOJ. Next steps....

As you may have seen elsewhere here today, CA DOJ has 'certified' microstamping technology...

http://oag.ca.gov/sites/all/files/ag...013-BOF-03.pdf

I'm unclear how much Kamala Harris drove this vs. DOJ (Lindley) instead of "letting sleeping dogs lie".

What does this mean?
  • This doesn't apply to revolvers, just semiauto pistols.

    It also doesn't apply to single-shot exempt pistols. [The definition of single-shot exemption may
    change if Dickinson bill is passed but there are matters/exploitable opportunities I don't wanna
    discuss til the end of the road late this summer - why help him fix issues with this bill?]
    .
  • This currently does not affect acquisition thru "personal handgun importers" (those moving into CA
    with non-Rostered guns), PPT xfers of nonRostered pistols, and inheritance/operation-of-law
    acquisition of non-Rostered pistols.
    .
    There is no 'rimfire exemption' to this, so even new little 22LR pistols would be required to implement
    this; given thin margins on lower cost such guns, "ain't gonna happen".

    It's unclear if materials used in rimfire cartridges are even workable with same technology (reading
    back or marking) that would be used to mark centerfire cartridges.
    .
  • Pistols that remain on the Roster and whose renewal fees are paid up continue to stay Rostered without
    microstamping and/or (depending on timeframe of original Rostering) any SB489 LCI/mag disco features,
    as appropriate.
    .
  • Risks on current Rostered guns:
    • unavoidable mfgr production/supplier changes requiring re-Rostering. [Neither the writers of
      SB15 nor DOJ Firearms really understand mass production technology since none of them
      have ever held a real 'producer' job in their lives...]
      .
    • ownership changes of mfgrs that require re-marking (make/model/origin) of guns even though
      designs and tooling and material sources unchanged
      .

    • DOJ phase-of-moon whims on trivialities - drama over Glock Austria vs US mfgr, and Sig German
      vs US production - even though guns, tooling and parts are identical in design, behavior,
      operation, and content. [Likely gonna be more gun-to-gun variation of Rostered guns than
      variation between an Austrian or German vs a US pistol!!!]
      .
    • accidental changes by mfgr even on simple nonsubstantive naming issues for SKUs of kit variations
      (say, Gun + extra mags nice box and holster) vs. the gun proper, or trivial and allowable sight/grip
      changes;
      .
    • mfgrs forgetting to pay fees to keep items Rostered
      .
    • some mfgrs not wanting to pay fees on old guns no longer in production;

What is being done?
  • Open question as to technology issues. DOJ Firearms staff (nor really, even full DOJ) doesn't have a mfg
    technology background nor expert staff. DOJ (or Firearms Bureau) does not have a background in patent
    analysis or technology applicability.
    .
  • Various issues will arise with implementing regulations.
    .
  • This whole thing depends on Roster, which (slowly, unfortunately) is being litigated.
    .
  • There are SEVERAL MORE SEPARTE ROSTER LAWSUITS POSSIBLE, and I hope multiple credibile organizations
    take them up - on key issues not addressed in Pena v Cid case , and in both CA as well as Federal court -
    and not depending on 2A issues, but on other non-gun matters. I will not discuss them here - they have been
    touched upon in way-distant past.
    .
  • Risky/hope to avoid: we need to explore the dangers of LEOs using nonRostered guns and contact injured
    parties' counsel about such use, and perhaps try to generate departmental costs (without backfiring on
    the gun mfgr whom we wanna protect!)

What to do?
  • Buy the guns you want now. It's important that demand is shown continuing.
    .
  • DON'T BE STUPID AND CUT CORNERS AND END UP LIKE THE SACRAMENTO COPS THAT GOT BUSTED (and lost
    jobs, convictions, loss of gun rights, etc.)

    Get your guns via legit paths/flows (including SSE).
    .
  • Please - no gun mfgr for now should microstamp any pistol.

    The only microstamped/Rostered new pistols we want in California are things like esp. Mac & Uzi-style pistols!
    .
  • Help mfgrs KEEP THEIR GUNS ROSTERED. Please forward any mfgr contacts you have to CGF or a gun lawyer.
    Even though you may understand much of the Roster, this is too sensitive to 'wing it' and we have to walk a
    perfect line.
    .
  • Acquire & understand the value of big bore revolvers and S&W 8-shot wheelguns - just like in 1994 the Brady
    mag ban drove folks from 9mm hicaps to "bigger holes make invisible souls" 45ACPs and helped give a big
    recovery to the 1911 pistol marketplace.
__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life member

No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.

Last edited by bwiese; 05-17-2013 at 3:37 PM..
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