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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 05-11-2005, 8:57 AM
ca2a ca2a is offline
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I received this from the NRA yesterday. http://www.calnra.com/calerts/calert051005.shtml

CAL-ERT 05/10/05 --- 1:30 P.M.
^^^^^^^^^^^^^^^^^^^^^^^^^
CALIFORNIA LEGISLATIVE UPDATE
This information is accurate at the time this CAL-ERT was written and originally distributed. The NRA Members' Councils of California will keep you informed as the legislative situation changes in Sacramento.

There are several bills in California that the NRA is following at this time. Some are good and some are bad. Today, we are targeting AB352 because it is currently on the Floor of the State Assembly and it should be defeated. To see the information on other bills that NRA is tracking, within California, go to http://www.calnra.com/legs.shtml .

Please Focus on this Pending Legislation:
AB 352 (Koretz) FIREARMS MICRO-STAMPING - This un-necessary bill would, commencing January 1, 2007, expand the definition of unsafe handgun to include semiautomatic pistols that are not designed and equipped with a microscopic array of characters, that identify the make, model, and serial number of the pistol, etched into the interior surface or internal working parts of the pistol, and which are transferred by imprinting on each cartridge case when the firearm is fired. Status -- AB352 is currently on the Assembly Floor and could be heard at any time. Position – OPPOSE

Immediate Action requested:
Please contact members of the Assembly and urge them to OPPOSE AB352. KEEP UP THE PRESSURE!!! Please continue to CALL, FAX, and EMAIL the legislators. All three methods of communication are effective. Please send the following letter to their offices NOW!

Dear Assembly Member:

Vote "No" on AB352

“FIX YOUR GUN - FACE A FELONY.”

In AB352, the proponents seek to mandate that all new semi-automatic handguns introduced in 2007 would be required to have information (make, model & serial number) about the firearm "micro-stamped" on the surface of parts of the handgun. This "micro-stamped" information would supposedly be transferred onto the cartridge case of the ammunition when it is fired.

The technology being mandated in AB352 has not been studied or tested in the real world and is only available from a single source and would create a government sanctioned monopoly for that company.

The advocates of AB352 claim that the addition of this requirement in the manufacturing of handguns for California will assist law enforcement by creating additional evidence for solving crimes. In committee hearings the author admitted that the “micro-stamped“ cartridge cases could not even be used for evidence!

There is NO SUPPORT from the California law enforcement organizations and PORAC has come out opposing AB352.

The parts of the handgun that would have the 25 microns deep (half the thickness of a fine human hair) "micro-stamping" etched on them can be easily replaced without the use of tools. The markings on the parts will also be degraded and easily erased with the normal wear and tear in using the handgun.

A review of federal law has revealed that AB352 would make the everyday practice of maintaining and repairing firearms (as outlined in the handgun owners’ manual) a felony. If a person needed to replace commonly worn out “micro-stamped” parts to keep their handgun safely operating, that person would be violating Federal law because the alteration, removal and obliteration of a manufacturer’s or importer's markings on those parts carries the penalty of up to ten years in federal prison and $250,000.00 fine. If AB352 becomes law: If you “FIX YOUR GUN you FACE A FELONY.”

ALL RESPONSIBLE CITIZENS OF CALIFORNIA URGE YOU TO VOTE NO ON AB352 (KORETZ) ON THE ASSEMBLY FLOOR.

Thank you.

Contact Information:
State Assembly: A complete listing of all of the members of the State Assembly including phone/fax/email information can be found at: http://www.calnra.com/legs/asm.shtml . Also, you can send a single email to each of the State Assembly Members by using the special "ONE CLICK" email message that you can find at: http://www.nramemberscouncils.com/legs/form . By sending this detailed email to the each of the State Assembly you will help NRA get our important message to the legislators.

Note: It is important to contact ALL of the Assembly members in Sacramento, not just your own representative. Some of them might not want to hear from those of us outside of their own districts, but since their vote affects ALL OF US, we will continue to contact ALL OF THEM. That is why “ONE CLICK” usage is FREE, unless you are an anti-gunner or someone not supporting the NRA and the Second Amendment, in which case we charge you.


Continue to monitor the latest legislative updates at: http://NRAMembersCouncils.com/legs.shtml

A printable flyer of this CAL-ERT is available at:
http://www.nramemberscouncils.com/ca...lert051005.pdf

Archived CAL-ERTs can be found at:
http://www.nramemberscouncils.com/ca...es/index.shtml

NRA Members’ Councils of California http://NRAMembersCouncils.com

Due to some duplication of efforts, some people might get more than one copy of this message. We apologize if this causes any inconvenience.

To subscribe to CAL-ERTs, go to: http://www.nramemberscouncils.com/ca...up/index.shtml

To unsubscribe from CAL-ERTs, go to: http://www.nramemberscouncils.com/ca.../removal.shtml

CAL-ERTs are provided as a free service to all gun owners and Pro-2nd Amendment organizations by the NRA Members' Councils of California. Please work together with the NRA and help defeat this legislation by cross-posting this CAL-ERT via the Internet, newsletters/publications and hand-outs. The CALifornia-alERT system is operated by NRA staff and volunteers operating within the NRA Members' Councils Program.
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  #2  
Old 05-11-2005, 9:31 AM
bwiese's Avatar
bwiese bwiese is offline
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I agree, Ted.

Sometimes these 'get out the vote' screeds are written by those who haven't looked at the fine details. Saw some of this back in SB23 days.

Let's motivate the troops with accurate details of pending/proposed laws.

I too haven't deeply read AB352 so I dunno if it's illegal to replace, say, a microstamped slide.

But right now in both CA and Fed law, the only part that has to be serialized is the receiver/ frame. There are NO laws saying that other gun parts (slide, trigger frame, etc.) have to have matching numbers, etc. And you of course are allowed to mix & match part mfgrs and vintages on any gun as long as the gun is, of course, still configured in a legal fashion (i.e., not an SBR, sawed-off shotgun, etc.)

Bill Wiese
San Jose
__________________

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.
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  #3  
Old 05-11-2005, 8:57 AM
ca2a ca2a is offline
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I received this from the NRA yesterday. http://www.calnra.com/calerts/calert051005.shtml

CAL-ERT 05/10/05 --- 1:30 P.M.
^^^^^^^^^^^^^^^^^^^^^^^^^
CALIFORNIA LEGISLATIVE UPDATE
This information is accurate at the time this CAL-ERT was written and originally distributed. The NRA Members' Councils of California will keep you informed as the legislative situation changes in Sacramento.

There are several bills in California that the NRA is following at this time. Some are good and some are bad. Today, we are targeting AB352 because it is currently on the Floor of the State Assembly and it should be defeated. To see the information on other bills that NRA is tracking, within California, go to http://www.calnra.com/legs.shtml .

Please Focus on this Pending Legislation:
AB 352 (Koretz) FIREARMS MICRO-STAMPING - This un-necessary bill would, commencing January 1, 2007, expand the definition of unsafe handgun to include semiautomatic pistols that are not designed and equipped with a microscopic array of characters, that identify the make, model, and serial number of the pistol, etched into the interior surface or internal working parts of the pistol, and which are transferred by imprinting on each cartridge case when the firearm is fired. Status -- AB352 is currently on the Assembly Floor and could be heard at any time. Position – OPPOSE

Immediate Action requested:
Please contact members of the Assembly and urge them to OPPOSE AB352. KEEP UP THE PRESSURE!!! Please continue to CALL, FAX, and EMAIL the legislators. All three methods of communication are effective. Please send the following letter to their offices NOW!

Dear Assembly Member:

Vote "No" on AB352

“FIX YOUR GUN - FACE A FELONY.”

In AB352, the proponents seek to mandate that all new semi-automatic handguns introduced in 2007 would be required to have information (make, model & serial number) about the firearm "micro-stamped" on the surface of parts of the handgun. This "micro-stamped" information would supposedly be transferred onto the cartridge case of the ammunition when it is fired.

The technology being mandated in AB352 has not been studied or tested in the real world and is only available from a single source and would create a government sanctioned monopoly for that company.

The advocates of AB352 claim that the addition of this requirement in the manufacturing of handguns for California will assist law enforcement by creating additional evidence for solving crimes. In committee hearings the author admitted that the “micro-stamped“ cartridge cases could not even be used for evidence!

There is NO SUPPORT from the California law enforcement organizations and PORAC has come out opposing AB352.

The parts of the handgun that would have the 25 microns deep (half the thickness of a fine human hair) "micro-stamping" etched on them can be easily replaced without the use of tools. The markings on the parts will also be degraded and easily erased with the normal wear and tear in using the handgun.

A review of federal law has revealed that AB352 would make the everyday practice of maintaining and repairing firearms (as outlined in the handgun owners’ manual) a felony. If a person needed to replace commonly worn out “micro-stamped” parts to keep their handgun safely operating, that person would be violating Federal law because the alteration, removal and obliteration of a manufacturer’s or importer's markings on those parts carries the penalty of up to ten years in federal prison and $250,000.00 fine. If AB352 becomes law: If you “FIX YOUR GUN you FACE A FELONY.”

ALL RESPONSIBLE CITIZENS OF CALIFORNIA URGE YOU TO VOTE NO ON AB352 (KORETZ) ON THE ASSEMBLY FLOOR.

Thank you.

Contact Information:
State Assembly: A complete listing of all of the members of the State Assembly including phone/fax/email information can be found at: http://www.calnra.com/legs/asm.shtml . Also, you can send a single email to each of the State Assembly Members by using the special "ONE CLICK" email message that you can find at: http://www.nramemberscouncils.com/legs/form . By sending this detailed email to the each of the State Assembly you will help NRA get our important message to the legislators.

Note: It is important to contact ALL of the Assembly members in Sacramento, not just your own representative. Some of them might not want to hear from those of us outside of their own districts, but since their vote affects ALL OF US, we will continue to contact ALL OF THEM. That is why “ONE CLICK” usage is FREE, unless you are an anti-gunner or someone not supporting the NRA and the Second Amendment, in which case we charge you.


Continue to monitor the latest legislative updates at: http://NRAMembersCouncils.com/legs.shtml

A printable flyer of this CAL-ERT is available at:
http://www.nramemberscouncils.com/ca...lert051005.pdf

Archived CAL-ERTs can be found at:
http://www.nramemberscouncils.com/ca...es/index.shtml

NRA Members’ Councils of California http://NRAMembersCouncils.com

Due to some duplication of efforts, some people might get more than one copy of this message. We apologize if this causes any inconvenience.

To subscribe to CAL-ERTs, go to: http://www.nramemberscouncils.com/ca...up/index.shtml

To unsubscribe from CAL-ERTs, go to: http://www.nramemberscouncils.com/ca.../removal.shtml

CAL-ERTs are provided as a free service to all gun owners and Pro-2nd Amendment organizations by the NRA Members' Councils of California. Please work together with the NRA and help defeat this legislation by cross-posting this CAL-ERT via the Internet, newsletters/publications and hand-outs. The CALifornia-alERT system is operated by NRA staff and volunteers operating within the NRA Members' Councils Program.
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  #4  
Old 05-11-2005, 10:46 AM
bwiese's Avatar
bwiese bwiese is offline
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You can view current text of AB352 at:

http://www.leginfo.ca.gov/pub/bill/a...ntroduced.html

As currently written, the changes/additions to PC 12126 are:

(one definition of unsafe handgun)
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">12126(a)(7) Commencing Jan. 1 2007, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 12131, it is not designed and equipped with a microscopic array of characters, that identify the make, model, and serial number of the pistol, etched into the interior surface or internal working parts of the pistol, and which are transferred by imprinting on each cartridge case when the firearm is fired. </div></BLOCKQUOTE>

and

(grounds for testing submission)
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">12130(d)(4) Commencing Jan. 1, 2007, no semiautomatic pistol may be submitted for testing pursuant to this chapter if it is not designed and equipped with a microscopic array of characters, that identify the make, model, and serial number of the pistol, etched into the interior surface or internal working parts of the pistol, and which are transferred by imprinting on each cartridge case when the firearm is fired </div></BLOCKQUOTE>

Because this is a mere additional definition to the CA 'safe gun' law, as currently written there is NO CA requirement that users not change/ destroy/modify etc the microstamping. (I supposed doing this in furtherance of committing a crime could be an element of conspiracy, destruction of evidence, etc.)

There is nothing in CA safe gun law, for example, disallowing removal of mag disconnects or chamber-loaded indicators.

And I know of no Fed law, BATF rule, etc. that disallows changing/tweaking non-receiver serial numbers of guns or modifying safety systems, etc.

If AB352's passed as written, Cal. DOJ/Firearms Div will be forced to come up with the tech details: marking standards, percentage of successful reads vs. unreadable ejected cases, etc. I suspect actual human-readable #s will not be printed on cases but rather something like a dot-pattern code (a la barcode) requiring machine read & translation.

Useless, but implementable.

SB357 - ammo marking - is far far far more dangerous.



Bill Wiese
San Jose
__________________

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.
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  #5  
Old 05-11-2005, 9:37 AM
ca2a ca2a is offline
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Ted, you brought up some questions that seemed to make sence to me, so I called the NRA and asked them why they put that in their alert.

I was told that the NRA lobbyist contacted the BATFE and got the information directly from them. Then the NRA verified, with NRA's own legal firm in California, that the information from the BATFE is accurate.

So it seems that it might have been premature to compare NRA's tactics to that of the VPC.

Instead, I respectfully suggest, we all work together and help defeat AB352 and the other ideas that come from Sacramento.

Roy
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  #6  
Old 05-11-2005, 10:17 AM
bwiese's Avatar
bwiese bwiese is offline
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Hah!

That's kinda crazy - NRA asking BATF about a proposed California law?

That's akin to asking CA DMV about details of proposed Oklahoma driving laws. Sure, they might get the broad strokes but the devil's in the details, and they need to read the actual law.

Sounds like NRA is getting lazy and using ATF for its clearing house.

Guess I've gotta bone up on AB352 (as written).


Bill Wiese
San Jose
__________________

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.
Reply With Quote
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