National Shooting Sports Foundation v. State of CaliforniaAnnotate this Case
NSSF and SAAMI filed the underlying action for declaratory relief seeking to enjoin Penal Code section 31910, subdivision (b)(7)(A) on the ground that it is impossible to comply with dual placement microstamping requirements. Section 31910, subdivision (b)(7)(A), provides that, commencing January 1, 2010, a semiautomatic pistol is an “‘unsafe handgun’” 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 or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired .…” The trial court granted the State's motion for judgment on the pleadings without leave to amend on the ground that the separation of powers doctrine precluded plaintiffs' action. Because judgment was granted on the pleadings, the court must accept the truth of the complaint’s properly pleaded facts. Therefore, the court must accept plaintiffs' claim that it is impossible to effectively microstamp the required characters on any part of a semiautomatic pistol other than the firing pin. The court rejected the State's position that stamping the characters in two places on the firing pin would comply with the statute. The court concluded that plaintiffs have the right to present evidence to attempt to prove their claim. Accordingly, the court reversed and remanded for further proceedings.