WHAT WOULD MICROSTAMPING DO TO STOP RISING VIOLENT GUN CRIME? NOTHING!

In the immortal words of New York Yankees legend Yogi Berra, “It’s déjà vu all over again.” Anti-Second Amendment forces are at it once more, attempting to get the jump on enforcing the “Microstamping” of all semiautomatic handguns.

It is a curious thing that, with rising violent crime in Democrat-controlled jurisdictions, Democrats continue to blame society’s violence on firearms. They blame rising violent crime on the police. They blame it on “systemic racism.” They blame it on “white supremacists.” They blame it on Trump. They blame it on Republicans. They “Blame It On The Bossa Nova.” 

The Democrats in Congress and in the States, along with the teeming mass of Progressives and Marxists throughout the Country and the seditious Press, continue to blame society’s ills on anyone and anything but where the fault truly rests: on themselves and on their own miserable, flawed, bankrupt political, social, and economic philosophy, grounded on the tenets of Collectivism.

In an article posted yesterday on Ammoland, the NRA-ILA pointed to the Democrat Party-controlled State Legislature in Albany that will soon vote on three Anti-Second Amendment bills that recently passed out of Senate Committee. One of these three bills, the Microstamping of semiautomatic handguns, is nothing new. California was the first out of the gate with this when then California Governor, Arnold Schwarzenegger, signed it into law in 2007.

An odd thing about that 2007 California law, apart from the fact that it would do nothing to reduce gun crime, is that it could never be enforced because the microstamping technology has patent law protection.

In June 2014, in a comprehensive article titled, “Microstamping: What Is It? Does It Work? Why Have It?”, detailing the many problems associated with the technology, the Arbalest Quarrel wrote, in pertinent part:

“At the time of the publication of [Dorothy] Kenney’s law journal article, [Firearm Microstamp Technology: Failing Daubert and Federal Rules of Evidence 702, 38, Rutgers Computer & Tech. L.J. (2012)], California’s microstamp technology law was in effect and had been in effect, thanks – or no thanks – to then Governor Schwarzenegger’s having signed it into law in 2007. And, Kenney said, that, ‘while the Microstamp technology law is currently in effect in California, it is owned solely by a company called Identification Dynamics, LLC, which recently acquired the U.S. patent. However, the California legislature required the Attorney General to certify that the technology was available to more than one [gun] manufacturer unencumbered by any patent restrictions before it could take effect. In essence, the requirement does not activate until Microstamping is outside of patent protection but the manufacturing company has a patent on it that runs until approximately 2023. Thus far, this certification requirement has not been satisfied so the legislation is practically nonfunctioning.’ Be that as it may, on May 17, 2013, Rochelle C. East, the Chief Deputy Attorney General did certify, under California Penal Code Section 31910, Subdivision (b)(7)(A), that very technology. The Chief Deputy Attorney General, Rochelle, said in important part: ‘The California Department of Justice has conducted a review of the known available patent restrictions applicable to the microscopic-imprinting technology described in §31910, Subdivision (b)(7)(A). Based on this review, the department certifies that, as of May 17, 2013, this technology is available to more than one manufacturer unencumbered by patent restrictions.’” 

In that same AQ article, we also pointed out that, “Apparently, New York is relying on the certification report that the Chief Deputy Attorney General of California published, as New York drafts its own legislation, mandating adoption of microstamping technology in its own State.” 

An excerpt of the AQ article appeared on Ammoland Shooting Sports News on June 30, 2014; and, on September 27, 2014, Arbalest Quarrel’s President, Stephen L. D’Andrilli, delivered an address on microstamping of firearms at the 29th Annual Gun Rights Policy Conference held in Chicago, Illinois. AQ posted, the day before, a summary of Stephen’s address to the Gun Rights Policy Conference.

Very recently, on May 23, 2021, California Assembly Majority Whip, Jesse Gabriel, published a Press Release, stating, inter alia,

“In collaboration with Team ENOUGH and the Brady Campaign, Assembly member Jesse Gabriel (D – Woodland Hills) announced new legislation today that would make California the first state in the nation to require firearms used by law enforcement to include microstamping technology.

The measure, Assembly Bill (AB) 876, would build on the landmark Unsafe Handgun Act (UHA) [Cal Pen Code §31910 et.seq.] and mark a major step forward in the effort to require firearms manufacturers to incorporate microstamping technology, which has long been a top priority for gun violence prevention advocates. Importantly, microstamping technology imprints unique markings—known as micro stamps—onto individual firearms as well as discharged bullet casings, thereby allowing law enforcement to connect fired casings to a particular firearm.”

Is it just coincidence that New York is now following suit with its own Microstamping Bill, to be voted on in the coming days: 2021 Bill Text NY S.B. 4116 [AN ACT to amend the penal law, in relation to requiring semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition]?”

Even so, this isn’t the first time that New York has attempted to enact a microstamping gun law because, in 2007, the New York State Assembly introduced its Bill 2007 NY A.B. 9819. Did New York take its cue from California, back in 2007? Probably. Did the two States work together on this? Are they still working together to pass Anti-Second Amendment legislation, in tandem? To what extent are other Anti-Second Amendment jurisdictions also coordinating their efforts to destroy the Second Amendment? One can only wonder just how closely these jurisdictions are working together.

The 2007 Bill did pass the Assembly but failed in the New York State Senate. New York Anti-Second Amendment proponents had since tried, numerous times, but without success to add a microstamping requirement to the sale of all semiautomatic handguns. But, with the legislature now firmly in Democrat Party hands, 2021 Bill Text NY S.B. 4116 has better than an even chance of passage, notwithstanding the improbability of any New York State Republican Senator voting for it.

Important note: the microstamping requirement, as set forth in the Bill, were it to become New York law, does not take effect until January 1, 2023, which happens to coincide, as discussed supra, with the date that Identification Dynamics, LLC’s microstamping patent expires. And, the language of 2021 Bill Text NY S.B. 4116 makes that fact clear. Hence, any jurisdiction that has previously enacted a semiautomatic handgun microstamping law, such as California, cannot enforce the law until the expiration of the patent on January 1, 2023. But, Anti-Second Amendment jurisdictions obviously want to get a jump on that. Still, they can’t be happy with the wait.

We can already hear the grumbling in these Anti-Second Amendment jurisdictions as they are compelled to wait several more months before they can begin to enforce this draconian and ludicrous law. 

ACTION NOTICE ALERT: If you live in New York, do not stand idly, doing anything. Contact your State Senator NOW and tell your New York State Senator that you oppose the enactment of this bill.

Required microstamping of semiautomatic handguns should not occur now, nor on January 1, 2023 with expiration of Identification Dynamics, LLC’s patent, nor at any time in the future, so long as this Nation continues to exist as a free Constitutional Republic.

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Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.