BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1471|
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THIRD READING
Bill No: AB 1471
Author: Feuer (D), et al
Amended: 7/11/07 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-2, 6/26/07
AYES: Romero, Cedillo, Ridley-Thomas
NOES: Cogdill, Margett
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 44-31, 5/29/07 - See last page for vote
SUBJECT : Firearms: microstamping
SOURCE : Brady Campaign to Prevent Gun Violence
DIGEST : This bill adds to the existing unsafe handgun
law, as of January 1, 2010, requirements for new models of
semiautomatic pistols that they be 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, as specified.
ANALYSIS : Existing law defines unsafe handguns as
failing to pass certain tests or lacking certain feature,
as specified.
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This bill requires commencing January, 2010, all
semiautomatic pistols that are not already listed on the
"not unsafe handgun" roster shall be designed and equipped
with a microscopic array of characters that identify the
make, mode, and serial number of the pistol, etched or
otherwise imprinted onto 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
provided that the Department of Justice certify that the
technology used to create the imprint is available to more
than one manufacturer unencumbered by any patent
restrictions. The Attorney General may also approve a
method of equal or greater reliability and effectiveness in
identifying the specific serial number of a firearm from
spent cartridge casings discharged by that firearm than
that which is set forth in this paragraph, to be thereafter
required as otherwise set forth by this paragraph where the
Attorney General certifies that this new method is also
unencumbered by any patent restrictions. Approval by the
Attorney General shall include notice of that fact via
regulations adopted by the Attorney General for purposes of
implementing that method for purposes of this bill. The
microscopic array of characters required by this bill shall
not be considered the name of the maker, model,
manufacturer's number or other mark of identification,
including any distinguishing number or mark assigned by the
Department of Justice, within the meaning of Sections 12090
and 12094 of the Penal Code.
Comments
What is Microstamping ? The following information from
NanoMark Technologies (Hitachi Via Mechanics USA, Inc. in
Londonderry, New Hampshire) is taken from their website
( http://www.nanomark.com/Ballistic-id-tagging/ballistic-id.h
tm .)
NanoMark Technologies has developed a PATENTED
BALLISTIC TAGGING TECHNOLOGY. The technology places an
identification mark on each cartridge casing ejected
from a properly outfitted firearm at the moment of
firing each bullet. The idea is to have this
technology integrated in firearms as an alternative to
the ballistic "fingerprinting" methods currently under
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such hot debate.
Today's common "ballistic fingerprinting" technology is
the computer automation of the science practiced by
Forensic Firearms Examiners. These specialists have
honed the science of comparing the signature of two
bullets and/or cartridges, and have shown an extremely
high degree of success as long as two physical
specimens are available for the match. In ballistic
fingerprinting, it is hoped that a computer can compare
one physical piece of evidence to a virtual picture of
the first ammunition fired by a firearm. Relying on a
vast database containing tediously large image files,
the computer systems have fallen short in delivering
accuracy and repeatability. This has called into
question the concept of ballistic fingerprint database
technology's readiness by some of the most respected
Forensic Firearms Examiners in the world.
Our technology eliminates the need for national gun
registration or a national database for new guns sold.
The ID marks delivered by Ballistic ID Tagging can be
simply viewed by utilizing imaging equipment commonly
found at local, state and federal forensics
laboratories. Because of its uniqueness, it does not
require extensive cross-jurisdictional ballistic image
databases or a national ballistic image database
containing the files of new guns sold every year.
Our technology imparts a unique, indelible, and
microscopic code onto the cartridge casings when a
bullet is fired and the cartridge case is ejected from
a properly outfitted firearm. This code takes the form
of encrypted symbols, bar codes or simple alpha-numeric
characters (such as a serial number or some type of
tracking number) that can be accessed at the individual
manufacturers' level. This type of identifier would
immediately and unquestionably lead investigators to a
specific gun without requiring the manpower and expense
associated with the creation and maintenance of a
ballistic image database containing millions of images.
Furthermore, it has been shown that as a gun wears
over time, its fingerprint changes enough to confuse
the current generation of database search routines.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/27/07)
Alameda County Board of Supervisors
Alameda County Office of Education
American Academy of Pediatrics
American College of Emergency Physicians State Chapter of
CA
California Chapters of the Brady Campaign to Prevent Gun
Violence
Chief Aaron Baker, Pittsburg Police Department
Chief Adolfo Gonzales, National City Police Department
Chief Albert N?jera, Sacramento Police Department
Chief Andres Probst, Bell Police Department
Chief Andrew Hall, Westminster Police Department
Chief Anthony Batts, Long Beach Police Department
Chief Anthony Sollecito, Seaside Police Department
Chief Bob McDonell, Newport Police Department
Chief Camerino Sanchez, Santa Barbara Police Department
Chief Charles Montoya, Glendora Police Department
Chief Christopher Shawkey, Costa Mesa Police Department
Chief Dan Drummond, West Sacramento Police Department
Chief Dan Lawrence, Clayton Police Department
Chief Daniel Ortega, Salinas Police Department
Chief David Gullo, Campbell Police Department
Chief David L. Maggard, Irvine Police Department
Chief David Livingston, Concord Police Department
Chief David Snowden, Beverly Hills Police Department
Chief Frank Wills, West Covina Police Department
Chief Heather Fong, San Francisco Police Department
Chief Jack Van Etten, Burlingame Police Department
Chief James Hyde, Antioch Police Department
Chief James Rose, Pinole Police Department
Chief Jeffrey C. Kirkpatrick, Seal Beach Police Department
Chief Jerry Dyer, Fresno Police Department
Chief Jim Copsey, Grover Beach Police Department
Chief John Crombach, Oxnard Police Department
Chief John Welter, Anaheim Police Department
Chief Joseph Aita, San Pablo Police Department
Chief Joseph Romero, Pomona Police Department
Chief Ken James, Emeryville Police Department
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Chief Kenneth Small, Huntington Beach Police Department
Chief Landy Black, Davis Police Department
Chief Larry Todd, Clearlake Police Department
Chief Lisa Ravazza, Piedmont Police Department
Chief Louis Trovato, Nevada City Police Department
Chief Lynne Johnson, Palo Alto Police Department
Chief Mark Evenson, Brentwood Police Department
Chief Michael Billdt, San Bernardino Police Department
Chief Michael Heffner, Hawthorne Police Department
Chief Michael Trevis, Huntington Park Police Department
Chief Myron Galchun, Dinuba Police Department
Chief Pat Miller, Ventura Police Department
Chief Paul Cooper, Claremont Police Department
Chief Peter Dunbar, Pleasant Hill Police Department
Chief Philip Green, Twin Cities Police Authority
Chief Randy Adams, Glendale Police Department
Chief Richard Ehle, Capitola Police Department
Chief Roger Johnson, Monrovia City Police Department
Chief Scott Holder, San Ramon Police Department
Chief Scott Jordan, Tustin Police Department
Chief Stan Stewart, Chino Police Department
Chief Steve Towles, Vernon Police Department
Chief Susan Jones, Healdsburg Police Department
Chief Susan Manheimer, San Mateo Police Department
Chief Thomas Hoefel, Burbank Police Department
Chief Thomas Soberanes, Walnut Creek Police Department
Chief Todd Mattern, Los Alamitos Police Department
Chief Wayne Hose, Stockton Police Department
Chief Wayne Tucker, Oakland Police Department
Chief William J. Bratton, Los Angeles Police Department
Chief William Lansdowne, San Diego Police Department
Christ the King Church
City & County of San Francisco
City of Los Angeles
City of Oakland
City of Sacramento
Coalition Against Gun Violence
District Attorney Kamela Harris, City and
Friends Committee on Legislation of CA
Legal Community Against Violence
Los Angeles County Police Chiefs' Association
Mayor Antonio Villaraigosa, City of Los Angeles
Mayor Gavin Newsom, City of San Francisco
Mayor Jerry Sanders, City of San Diego
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Orange County Chief's & Sheriff's Association
Orange County Citizens for the Prevention of Gun Violence
Police Officers Research Association of CA
Sheriff Gregory Ahern, Alameda County
Sheriff Lee Baca, Los Angeles County
State Superintendent of Public Instruction Jack O'Connell
Violence Prevention Coalition of Orange County
Women Against Gun Violence
Youth Alive!
OPPOSITION : (Verified 8/27/07)
Beretta USA Corporation
California Assn of Firearms Retailers
California Rifle and Pistol Assn
Crossroads of the West Gun Shows
GLOCK, Inc.
Gun Owners of California
Kahr Arm and Auto Ordinance
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition
Safari Club International Foundation
Sheriff Bob Doyle, Riverside County
Sheriff Clay Parker, Tehama County
Sheriff Gary Penrod, San Bernardino County
Sheriff Jim Denney, Sutter County
Sheriff Larry Jones, Glenn County
Sheriff Lorrac Craig, Trinity County
Sheriff Margaret Mims, Fresno County
Sheriff Martin A. Ryan, Amador County
Sheriff Michael Carona, Orange County
Sheriff Rick Riggins, Siskiyou County
Sheriff Scott Marshall, Colusa County
Sheriff Steve Warren, Lassen County
Sheriff Thomas D. Allman, Mendocino County
Sheriff Tom Bosenko, Shasta County
SIGARMS
Smith and Wesson
Sporting Arms and Ammunition Manufacturers' Institute
The California Sportsman's Lobby, Inc.
ARGUMENTS IN SUPPORT : The California Chapters of the
Brady Campaign to Prevent Gun Violence state, "Assembly
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Bill 1471 would require that newly designated
semi-automatic handguns sold after January 1, 2010, be
equipped with "micro-stamping" technology. This technology
consists of engraving microscopic characters onto the
firing pin and other interior surfaces, which would be
transferred onto the cartridge casing when the handgun is
fired. Micro-stamping technology would substantially
enhance law enforcement's ability to rapidly identify and
link shell casings found at a crime scene to the individual
semi-automatic handgun from which it was fired and to the
gun's last lawful possessor.
"Nearly half of the homicides in California are unsolved
and the majority of homicides are committed with handguns.
In this time of escalating gang violence in our state, new
tools for finding and apprehending armed criminals are
needed. AB 1471 would help law enforcement solve murders
and other handgun crimes as the information provided by a
microstamped cartridge casing gives police important leads
in the first crucial hours after a crime.
"In addition, AB 1471 would help reduce trafficking of new
semi-automatic handguns by creating accountability. Legal
purchasers who buy guns for traffickers ('straw' buyers),
will be deterred when they realize that microstamped
casings can be traced directly back to them. Consequently,
this big source of crime guns, which rapidly fall into the
hands of criminals and gang members, would be disrupted.
Curbing the flow of illegal guns to prohibited purchasers,
including felons and violent teens, would reduce gun
violence in our streets and protect the innocent
bystanders.
"Microstamping will not impose a new cost on the state of
California as no new database or procedures are required.
California already has a system for tracking guns and their
owners and after a crime, law enforcement will simply check
the existing database. Buyers of micro-stamping handguns
will notice no change in the purchasing process as no new
permitting or information is needed. Existing handguns and
existing handgun owners will not be impacted by this bill
since the law only applies to new handguns.
"The microstamping technology is highly tamper resistant.
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The redundant markings are durable and routine maintenance
and servicing of the firearm will not affect the
technology. Criminals will find it extremely difficult to
defeat the technology. AB 1471 has broad support from
police chiefs around the state, who want this new tool for
solving handgun crime and curbing the flow of illegal
weapons to prohibited purchasers."
ARGUMENTS IN OPPOSITION : The North State Sheriffs'
state, "As we see it, the technology to implement the
micro-stamping is flawed, there would be an increase in the
potential for civil liability for law enforcement agencies
that continue to use handguns which will be placed on the
"unsafe" handgun list, there would be an increase in law
enforcement training costs due to not being able to reuse
spent cartridge casings, the technology could be easily
defeated since the stamping is only 25 microns deep and the
cost of the technology would be passed on to law
enforcement agencies and citizens alike."
The California Association of Firearm Retailers state, "The
technology which this proposed bill seeks to promote has
not been shown to work under actual field conditions.
Mandating its implementation by law at this time would be
excessively premature as it cannot be scientifically
justified, and it has not been proven to be practical in
application. Impartial testing to date has raised very
serious questions relative to whether this technology could
actually work in the field given all the variables and
other factors that are present outside of the laboratory.
"For example, criminals can easily defeat it in a number of
different ways, and it is well known that the overwhelming
majority of handguns used in crime are stolen. Fired
casings from them found at crime scenes in most cases would
not lead law enforcement to the actual perpetrator.
Placing micro-stamping on semi-automatic handguns, even if
the technology was reliable, would be ineffective as a law
enforcement tool.
"Furthermore, micro-stamping is a "sole source" technology
at the present time. It is owned by a single company. If
micro-stamping did work, a matter that the results of
recent independent scientific research casts in doubt and
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highly questions, it would probably continue to be "sole
source" as other forms of cartridge case marking have
reportedly been proven to be more difficult and costly to
engineer.
"This increases the likelihood that the sole source problem
would in fact continue and that the costs of using it would
not be contained by realistic competition. The result
would be higher costs for retailers and their customers for
a system that is not reliable and would not be of much
assistance to law enforcement."
ASSEMBLY FLOOR :
AYES: Bass, Beall, Berg, Brownley, Caballero, Charles
Calderon, Carter, Coto, Davis, De La Torre, De Leon,
DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes, Hancock,
Hayashi, Hernandez, Huffman, Jones, Karnette, Krekorian,
Laird, Leno, Levine, Lieber, Lieu, Ma, Mendoza, Mullin,
Nava, Portantino, Price, Richardson, Ruskin, Salas,
Saldana, Solorio, Swanson, Torrico, Wolk, Nunez
NOES: Adams, Aghazarian, Anderson, Benoit, Berryhill,
Blakeslee, Cook, Duvall, Emmerson, Fuller, Gaines,
Galgiani, Garcia, Garrick, Horton, Huff, Jeffries, Keene,
La Malfa, Maze, Nakanishi, Niello, Parra, Plescia, Sharon
Runner, Silva, Smyth, Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Arambula, DeVore, Houston, Soto, Spitzer
RJG:do 8/28/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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