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SB 452: Microstamping

HA
Harvey WaldenCommunity Member
1 week ago

Senate Bill (SB) 452, which was signed into law on September 26, 2023, amended California’s Unsafe Handgun Act by removing the microstamping requirement from Penal Code section 31910 and adding, under separate Penal Code provisions, new requirements related to microstamping components (specifically, sections 27531, 27532, 27533, 27534.1 and 27534.2). As detailed further below, this law provides a series of staggered implementation requirements for the California Department of Justice (DOJ) to investigate the technological viability of microstamping components, develop performance standards and licensing processes for entities that produce those components, and assess the commercial availability of microstamping components or microstamping-enabled firearms. It also provides a conditional mandate related to microstamping components in semiautomatic pistols sold or transferred in the state.

Senate Bill (SB) 452, which was signed into law on September 26, 2023, amended California’s Unsafe Handgun Act by removing the microstamping requirement from Penal Code section 31910 and adding, under separate Penal Code provisions, new requirements related to microstamping components (specifically, sections 27531, 27532, 27533, 27534.1 and 27534.2). As detailed further below, this law provides a series of staggered implementation requirements for the California Department of Justice (DOJ) to investigate the technological viability of microstamping components, develop performance standards and licensing processes for entities that produce those components, and assess the commercial availability of microstamping components or microstamping-enabled firearms. It also provides a conditional mandate related to microstamping components in semiautomatic pistols sold or transferred in the state. Commencing January 1, 2028, this law will require licensed firearms dealers to ensure that semiautomatic pistols sold, offered for sale, exchanged, given, transferred, or delivered by those dealers in California are certified as “microstamping-enabled” by the pistol’s manufacturer, a licensed firearms dealer, or a gunsmith that serviced the pistol by installing a qualifying microstamping component (Pen. Code § 27533 and § 27531(c)). This requirement would apply to any semiautomatic pistol manufactured or delivered to a firearms dealer on or after January 1, 2028. However, this requirement takes effect only if DOJ has first made two separate determinations regarding: (1) the technological viability of microstamping components; and (2) the commercial availability of microstamping components and/or microstamping-enabled firearms. Technological Viability of Microstamping Components For the first of these determinations, SB 452 requires DOJ to “engage in an investigation to determine the technological viability of microstamping components producing microstamps on spent cartridge casings discharged by a firearm into which the microstamping component has been installed,” which includes soliciting input from relevant stakeholders (Pen. Code §27532(a)). On July 18, 2025, DOJ released a report finding that it is technologically viable for microstamping components (engraved firing pins) to imprint a unique microscopic array of characters, referred to as a “microstamp,” on spent cartridge cases discharged by a firearm into which the microstamping component has been installed. Commercial Availability of Microstamping Components Once DOJ has made a finding that microstamping components are technologically viable, it is required to: By September 1, 2025, provide “written guidance on performance standards for persons, associations, partnerships, corporations, or other entities engaged in the business of producing microstamping components.” (Pen. Code § 27532(b).) Those performance standards can be found in the California Code of Regulations, Title 11, Division 5, Chapter 16, Sections 4600-4601. By January 1, 2026, commence accepting applications for licenses for entities that produce microstamping components that meet DOJ’s performance standards. Entities seeking a license to produce microstamping components must submit samples to a DOJ-Certified Lab which will evaluate and conduct the testing of the semiautomatic pistol with the microstamping component pursuant to the standards outlined in California Code of Regulations, Title 11, Division 5, Chapter 16, Sections 4600-4601. Once the DOJ-Certified Lab has tested the microstamping components, it must submit BOF Form 130 Microstamping Performance Report to DOJ to evaluate whether the microstamping component meets the performance standards. BOF Form 130 will be accepted by email at [email protected]. These requirements are set forth in California Code of Regulations, Title 11, Division 5, Chapter 16, Section 4602. By July 1, 2026, DOJ must provide grants or enter into contracts with one or more entities licensed to produce microstamping components that meet DOJ’s performance standards to make those microstamping components available for sale or other distribution at a reasonable cost to firearm manufacturers, licensed firearms dealers, and gunsmiths engaged in the business of installing microstamping components in California. (Pen. Code § 27532(d).) By July 1, 2027, DOJ must determine: (1) whether microstamping components are available at commercially reasonable prices from licensees producing microstamping components, and (2) whether “options of microstamping-enabled firearms are readily available for purchase” in California. (Pen. Code § 27532(e).) Once DOJ determines that either or both of these criteria are met, DOJ must publish a list of all licensees producing microstamping components that meet the microstamping performance standards and “shall notify licensed firearms dealers, gunsmiths, and manufacturers operating within the State of California of the list of available microstamping component producers.” (Pen. Code § 27532(f).) Definitions of Key Terms can be found in Pen. Code § 27531. Additional Information: Attorney General Bonta Releases Report, Finds Firearm Microstamping Technology Viable Microstamping Technological Viability Report 2025 BOF 130 - Microstamping Performance Report California Code of Regulations

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