Imperial Valley Press

US appeals court upholds California bullet stamping law

-

SAN FRANCISCO (AP) — A California requiremen­t that new models of semi-automatic handguns stamp identifyin­g informatio­n on bullet casings is a “real-world solution” to help solve gun crimes, a divided U.S. appeals court said Friday in a decision that upheld the novel law.

The stamping requiremen­t and two measures intended to make guns safer did not violate the second Amendment because they left plenty of firearms for sale in California and were reasonable to further the state’s goal of keeping people safe, the ninth U.S. Circuit Court of Appeals said in a 2-1 decision.

Gun rights advocates had argued that manufactur­ers didn’t have the technology to implement the stamping requiremen­t, so the law was effectivel­y a ban on the sale of new guns in the state.

Writing for the majority, Judge M. Margaret McKeown said the inability to buy particular guns did not infringe the second Amendment right to self-defense in the home.

“Indeed, 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,” she said.

McKeown, joined by Judge J. Clifford Wallace, also rejected the argument that the stamping technology was impossible to implement.

The ninth Circuit was analyzing the law under a less rigorous judicial standard in order to reach its “policy preference­s,” said Brandon Combs, executive director of the Calguns Foundation, one of the plaintiffs.

“Really what the ninth Circuit is saying and has said in other cases basically is as long as a person that is law abiding has access to one handgun inside of their home, then that’s it,” he said. “That’s the extent of their right. We think that’s quite wrong.”

In a dissenting opinion, ninth Circuit Judge Jay Bybee said there was conflictin­g evidence about whether the stamping requiremen­t was technicall­y feasible. If the state adopted a requiremen­t that no gun manufactur­er could satisfy, the law would not help the state solve handgun crimes and would illegally restrict gun purchases, he said.

Also at issue in the case were two additional state requiremen­ts that were intended to prevent accidental discharges of handguns. The ninth Circuit upheld those mandates too.

The stamping requiremen­t — the first of its kind in the nation — requires new models of pistols to have a microscopi­c array of characters in two spots that identify the gun’s make, model and serial number and are imprinted on the casings when the weapon is fired. Washington, D.C., now has a similar law.

The California law, which Gov. Arnold Schwarzene­gger signed in 2007 and took effect in 2013, doesn’t affect guns already on the state’s official firearm roster. Only new or modified semi-automatic handguns sold in California must be equipped with the technology.

The California Supreme Court in June threw out a separate lawsuit that sought to block the state’s law.

 ?? AP PHOTO/LYNNE SLADKY ?? In this 2016 file photo, empty bullet casings sit in a container at the National Armory gun store and gun range in Pompano Beach, Fla.
AP PHOTO/LYNNE SLADKY In this 2016 file photo, empty bullet casings sit in a container at the National Armory gun store and gun range in Pompano Beach, Fla.

Newspapers in English

Newspapers from United States