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Blocking Gun Laws With Patents

New submitter robkeeney writes "Legislators in several states are working on laws that would require certain gun manufacturers to implement 'microstamping' to help law enforcement solve gun crimes. 'Lasers engrave a unique microscopic numeric code on the tip of a gun’s firing pin and breech face. When the gun is fired, the pressure transfers markings to the shell casing and the primer. By reading the code imprinted on casings found at a crime scene, police officers can identify the gun and track it to the purchaser, even when the weapon is not recovered.' As with any gun-related legislation, many people oppose these new laws. In California, a law passed in 2007 requires that when microstamping (which is easily defeat-able) is no longer patent encumbered, all new guns in CA must use it. To fight it, an organization called the Calguns Foundation paid a fee to extend the patent in order to prevent the law from going into effect."

30 of 1,165 comments (clear)

  1. Damn! by Anonymous Coward · · Score: 5, Funny

    Luckily I reload all shots myself that I use in crimes.
    Additionally I use revolver or if I use a pistol, I use a brass catcher.
    So dear murderers, get replacement firing pins now, before you have to order them in Canada.

    1. Re:Damn! by Anonymous Coward · · Score: 5, Insightful

      So dear murderers, get replacement firing pins now, before you have to order them in Canada.

      I just pick up brass at the police range and reload it when I murder people.

      No need for extra firing pins, though; a bit of sandpaper is all that is needed to remove the microstamping. But that would be illegal, and we all know criminals wouldn't dare break the law before they go out to murder someone.

      I don't believe the lawmakers could really be this retarded; there has to be some other reason they're pushing for this law (perhaps just general harassment of gun owners?).

    2. Re:Damn! by nschubach · · Score: 5, Insightful

      (perhaps just general harassment of gun owners?)

      That's my vote. Make it annoying to carry (it already pretty much is) and law abiding citizens will just not do it.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    3. Re:Damn! by shutdown+-p+now · · Score: 5, Insightful

      Criminals aren't going to stand around the crime scene, collect the casings, sandpaper them off, and put them back on the ground, before running off.

      Why would anyone sandpaper the casings? They'd just sandpaper the firing pin and the breech face - before heading off to kill someone.

      The 2nd Amendment wasn't for your personal liberty.

      If you don't like the 2nd, just say so openly, and campaign for its abolition. Why do you feel the urge to engage in sophistry to argue that it doesn't say something that it obviously does?

    4. Re:Damn! by Githaron · · Score: 5, Insightful

      The best thing, of course, is to just ban guns from the country.

      Do you have a magical box or something? How do you keep guns out of the hands of criminals? There would be a black market. The criminals are the ones you need to worry about having guns not law-abiding citizens. Also, why is banning guns from the country "the best thing"?

    5. Re:Damn! by Rostin · · Score: 5, Insightful

      Harassment is probably part of it -- of not only gun owners, but gun manufacturers. The cost of microstamping guns is expected to be small, but it's not 0, and anything above 0 will probably lead to an incremental reduction in the number of guns sold. Another reason is that it's a standard tactic of moral crusaders of all kinds to chip away at rights that they don't have the support to do away with all at once. It's progress, and you know what they say about boiling frogs. Also, never far from the thoughts of any politician is the question: "How can I get elected again?" Whether this legislation would actually do any real good (by reducing gun crime, for example), it will strike a lot of people as "reasonable", so that the next time an election rolls around, its supporters can paint their opponents as radicals who were unwilling to support "reasonable" gun control measures. Also, it could earn a nice campaign contribution from the Brady campaign or whoever for being a good gun grabber. One final benefit I can imagine is that it's a way of using state money to waste the resources of anti-gun control groups who have undoubtedly tried to sue this law out of existence.

    6. Re:Damn! by shutdown+-p+now · · Score: 5, Informative

      Breivik actually wielded legally obtained, registered guns. Which is to say, Norway was certainly not "so unbelievably mild, that no one was allowed to have a gun".

    7. Re:Damn! by jhoegl · · Score: 5, Insightful

      Actually, they are trying to catch stupid criminals, not ALL criminals.

    8. Re:Damn! by JimCanuck · · Score: 5, Interesting

      Besides... barrel rifling already makes a fingerprint-like marking on the shell/slug/bullet, and that's going to be a hell of a lot more useful in identifying the gun it was shot from than any other method thought up so far...

      Only in TV shows and movies, fact is most handgun and rifle barrels today are mass produced on hammer forging equipment on a mandrel which makes all of them virtually the exact same on a run of tends of thousands of barrels. You can narrow down your suspect list using it, you can even match similar makes and models, but you'll never be able to prove it came out of the gun with serial number #24953 or #24954 or even #25953 for that matter.

    9. Re:Damn! by furball · · Score: 5, Informative

      > I just pick up brass at the police range and reload it when I murder people.

      The stamping is going to be on the primer. If you're reloading, you'll end up popping the old primer out anyway.

    10. Re:Damn! by A+nonymous+Coward · · Score: 5, Informative

      It has happened. A parishioner at a church stopped a madman before he did much damage. Someone in Utah at a mall brought down the killer before the cops showed up. Of course, those don't make the big news because they are so ... distasteful ... to the hoplophobes, don't make for nearly as scary headlines, and provide almost no scary followup headlines which the increasing death toll, trial, appeals, punishment, and survivor interviews do. The news media is in the business of selling ads to news readers, so no news is not news.

    11. Re:Damn! by A+nonymous+Coward · · Score: 5, Interesting

      Another thing you may not be aware of. The Center for Disease Control hates guns, and when they did a congressional mandated study on defensive gun uses, they found 1.5 million of them. Most of these were just scaring a burglar away by showing the gun or racking the slide, no actual shots fired. But at the very least, tens of thousands of lives are saved by guns every year.

      Don't read much about that kind of thing, do you? Too scary to your preconceived notions, I reckon.

    12. Re:Damn! by PyroMosh · · Score: 5, Insightful

      Defensive gun use != a life saved.

      Just because you brandish a gun to "defend" yourself, does not mean that you would have died otherwise.

      One need only look at statistics in other countries with lesser rates of gun ownership to see this.

      Now, you can make the argument that the U.S. is tainted by the flood of guns and that since it is tainted, gun ownership is sensible (similar concept to MAD), but by and large, in the civilized world, you don't need a gun to be safe.

      In fact, even in the U.S, if you've got the cash to spare on a gun, you're statistically better off spending the money on an automatic defibrillator.

      This isn't to take away for other gun uses. I've fired M-16s at the range and enjoyed myself quite a bit. You like to hunt? Not my thing, but good for you. I just don't buy the defense claim. I've looked into it extensively and I think while possible, you can find a few incidents here and there where a gun clearly saved a life, I think it's wildly overblown.

    13. Re:Damn! by Anonymous Coward · · Score: 5, Insightful

      I got my first gun back when most Americans, and most conservative Americans, rightly believed that the Second Amendment was not about personal gun-toting at all

      Actually, if you were at all familiar with contents of The Federalist Papers and the debates around the penning of the Bill of Rights, you'd know that the 2nd Amendment is about personal, individual keeping and bearing of arms. You are correct that for a number of years in the late 20th century it was popular to pretend otherwise, but that belief was not then, nor was it ever, true.

    14. Re:Damn! by Grishnakh · · Score: 5, Insightful

      All the smart criminals work in places like Congress, law offices, and financial institutions, so of course they're not interested in catching those people; they'd rather give them big bailouts.

  2. utter pointlessness by Cederic · · Score: 5, Insightful

    So... file the firing pin?
    Buy a gun from outside CA and bring it in?
    Laser engrave some other sod's ID?
    Hold a firing pin party?

    It sounds like a horrendous waste of time and money, whether you want gun control or not. Ineffective legislation is the worse of all outcomes.

    1. Re:utter pointlessness by Anonymous Coward · · Score: 5, Insightful

      The very idea of microstamping was never intended to assist law enforcement. It was specifically intended to target lawful gun owners to cause them harassment and extra expense and to better "track the law-abiding citizenry". I've been employed with a municipal police department for over 16 years, in a city that has more than its fair share of shootings and even random "gunfire in the night". Our forensics team has zero problems identifying shell casings using existing stereo microscopy technology to match it to a gun that fired the cartridge, but 99 times out of 100 there's no need to ever do that because regular ordinary police detective work that already solves the gun crimes is well established and quite effective. In the case of drive-by shootings in the gang areas of town, by the time the gunshots call is made to 911, the gang detectives already know who the culprits are and are ready to round them up because... well, these cops know their "clientele" pretty well from past repeat offenses.

    2. Re:utter pointlessness by nomadic · · Score: 5, Insightful

      "What would stop someone who knows some guy with a machine shop from etching *different* numbers on the end of a firing pin with a die-sinking EDM?"

      Ahhh, the sheltered suburbanite slashdot demographic, blessedly unfamiliar with the real world...

      Guys, the vast majority of criminals are not planning out everything with meticulous detail. In fact, most criminals are criminals because they are uneducated and never learned impulse control, and act irrationally and emotionally. They're not going to forge different numbers on the gun. The vast majority of them will not understand even the basic structure of the gun in the first place.

  3. overheard at an Italian restaurant by bitt3n · · Score: 5, Funny

    "Ok Vito, we're going to need you to ice Ricky Peanuts tonight. Shoot him full of holes, then chop up the body and feed it to your pet alligator. Then grind up the alligator, dissolve him in acid, and turn it into smoothies at your ice cream parlor. Then burn down the ice cream parlor with everyone inside. And don't forget to file the code off your gun."

    "File off the code? Madone! That's illegal!"

  4. Guns by girlintraining · · Score: 5, Insightful

    The problem with guns is the technology to kill people is very primitive and simple. We've been killing each other since before we could read and write. Guns are nothing more than a device for initiating a controlled rapid exothermic reaction resulting in a propulsive force to a projectile.

    Most people have the necessary tools and items required to manufacture a simple gun in their garages, propellant included. So even in the ideal case where criminals don't just file off the microprinting in a few well-placed strokes, and in this magical world every bullet fired has a 1:1 parity with a registered gun owner, the problem isn't any closer to being solved... there's still hundreds of other ways to murder people, either with guns, or gun-like devices, or even without guns. Hell, the government routinely says tazers, water cannons, and microwaving protesters is "safe", yet people still somehow wind up just as dead.

    Expecting violent criminals to care about legislation like this is like expecting a terrorist to care his car bomb is taking up two parking spaces.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Guns by pla · · Score: 5, Informative

      Are you telling seriously than more than 50% of the population can build a gun that won't explode in their hands / fail to shot / shot when not intended to do so? Not to mention the case expulsion / bullet replacement mechanism

      Google "zip gun".

      Really... Go do it. Now.

      You can fire a .22 with a Bic pen case, a rubber band, and a nail. And yes, you have a good chance of getting somewhat injured, but y'know what, 90% of the time, the damned thing will actually work.

  5. What, you mean it isn't 100% perfect?! by Derekloffin · · Score: 5, Insightful

    Well hell, can't use that then. We all know that criminals are all well planned geniuses that think of every contingency and will counter every forensic method used to find them. I mean, seriously, what are they thinking.

  6. Unreliable and defeatable by Anonymous Coward · · Score: 5, Informative

    Not only can you just file/sandpaper the tip of the firing pin, I personally know a forensic scientist who did a Master's Thesis on this very subject, and in his research and testing, he found that the serial numbers wear down enough in just a few shots that they aren't readable on the primers any more. Combine that with widely varying degrees of hardness of different brands of primers (some take a good print, some don't), and it's a totally unreliable way identify which firearm shot the round. The people who push this technology in the political arena hope to make tons of money on it (they own the businesses that make the products). The tech sounds good in theory, but in practice, it simply doesn't work.

  7. Gun Control = DRM by johofnovi · · Score: 5, Insightful

    In terms most /. readers can understand, Gun control has very similar problems to DRM. It solves a minute percentage of the problem, affects almost none of the people it was intended to (criminals/pirates) and serves only to inconvenience the law abiding citizen. Passing gun control legislation has a nice "feel good" factor, ie "Do it for the children!", but in fact does squat to actually diminish any gun related crime at all. I give you the infamous "Crime Bill" passed in the 90's as exhibit A.

  8. You don't understand. by raehl · · Score: 5, Funny

    If guns are illegal, then anyone who has a gun is a criminal, and you can prevent crime by just arresting everyone who has guns.

    1. Re:You don't understand. by Githaron · · Score: 5, Insightful

      If guns are illegal, then anyone who has a gun is a criminal, and you can prevent crime by just arresting everyone who has guns.

      You can also prevent rape by cutting off the penis of every male and sewing up the vagina of every female. Just because something can be used for a crime it doesn't mean we should make it a criminal offense to own one. Guns are a tools. How you use a tool makes all the difference. Law-abiding citizens use guns for fun, hunting, and most importantly defense. Criminals use guns to murder, rape, steal, and destroy.

    2. Re:You don't understand. by Falconhell · · Score: 5, Insightful

      Funny because its true. I am very happy to live in a country where guns are rarely seen or used. The american love and fascination with guns and violence seems to be simple overcompensation. I cannot think of any time in my life when I would have needed a gun. We call it being civilised. Gun nuts of course just cant understand.

    3. Re:You don't understand. by ThePeices · · Score: 5, Insightful

      As a non American, I can totally vouch for that.

      I have never ever needed a gun in my life, and I dont relish the thought of having a gun battle with somebody because an argument got out of hand.

      The American fascination with shooting people to death is disturbing and sad.

  9. Fatality rates by wonderboss · · Score: 5, Informative

    In 2009 there were 33,808 deaths in the US from auto accidents.
    In 2009 there were 31,347 deaths in the US from firearms.

    The firearm deaths include
    homicides 11,493
    suicides 18,735
    legal intervention 333 (gotta love the CDC's terminology).
    unintentional 554 (I guess that's CDC speak for accidental).

    I couldn't find data on the leading cause of fatal car accidents, but
    for all car accidents the leading causes are:
    1. Distracted Driving
    2. Speeding
    3. Drunk Driving
    4. Reckless Driving
    5. Rain
    6. Running Red Lights
    7. Running Stop Signs (seems like 6&7 should be combined)
    8. Teenage Drivers
    The list goes on.

    Number one cause of distracted driving?
    Nope.
    Kids in the car.

    --
    more cowbell
  10. Re:My Right to a Predator Drone by shutdown+-p+now · · Score: 5, Informative

    I'm not an American, either, but the US Constitution is written in plain English and accessible to anyone who wants to read it.

    Anyway, the standing interpretation - which is what ultimately matters - is as follows (per DC v Heller):

    "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. "

    However:

    "The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional."

    So e.g. bans on fully automatic firearms (and Predator drones and motorcycle mounted chainguns) are reasonable, while bans on widely used self-defense, hunting or sporting guns, such as your typical handgun or semi-auto rifle, are not.