A gun bill approved by the California legislature in 2007 is facing some litigation in 2014, forcing Los Angeles officials to retain a local law firm to defend the constitutionality and enforceability of a statute requiring semiautomatic guns sold within the State to be micro-stamped.
The Los Angeles City Council unanimously approved March 18 a motion introduced by Councilmen Paul Koretz and Paul Krekorian to retain the law firm Caldwell Leslie to assist the City Attorney’s office in representing California’s largest municipality in two legal challenges to Assembly Bill (AB) 1471.
According to the motion, Caldwell Leslie will provide pro bono legal services to defend the guns bill.
The motion grants City Attorney Mike Feuer to retain Caldwell Leslie in helping his office present a case in support of a law recently codified into the State’s penal code as part of its Unsafe Handgun statutory framework.
“Given the City’s limited resources, and the public significance of the issues at stake, the firm has offered its services for this purpose free of charge,” the motion states.
When AB 1471 was approved and then signed into law by Gov. Arnold Schwarzenegger in 2007, the City of Los Angeles formally supported the legislation. With two lawsuits pending on the matter, Feuer’s office hopes to defend the City’s support of AB 1471.
One lawsuit – Pena, et al. vs. Lindley – was filed in the U.S. District Court and is a Second Amendment challenge to California’s handgun roster laws.
The second lawsuit referenced by Koretz-Krekorian motion was filed in Fresno County Superior Court. In that suit, the National Shooting Sports Foundation, Inc. is suing the State of California to block enforcement of the micro-stamping law.
Both suits contend law-abiding gun owners in California are unable to legally purchase the guns boasting the latest technologies on the market within state borders.
AB 1471 was signed into law in 2007 but enforcement was reportedly delayed until 2013 to determine whether micro-stamping was feasible. California Attorney General Kamala Harris certified the law in May 2013 and allowed the law to go into effect.
According to the Koretz-Krekorian motion, the micro-stamping law was supported by the Los Angeles Police Dept. and more than 65 police chiefs, sheriffs, and law enforcement agencies.
All semiautomatic guns sold in California are required to use micro-stamping technology under AB 1471.
“Micro-stamping imprints a unique identifier on the cartridge of a bullet when the gun is fired. This imprint, allowing a bullet to be traced to a particular gun, would provide an important tool to law enforcement in solving crimes,” the Koretz-Krekorian motion states.
Koretz, who represents areas such as Century City, Cheviot Hills, and Westwood, co-sponsored the motion with Krekorian; Councilman Bob Blumenfield seconded the motion.
Caldwell Leslie markets itself as a law firm specializing in “high-stakes litigation.” Its areas of specialties include appellate court, banking and mortgage, commercial, corporate compliance, employment, entertainment and media, environmental, government and land use, intellectual property, and white-collar crime.
The council vote was 14-0 in favor of the motion; Councilwoman Nury Martinez was not present for the roll call.
