Schimel Plays Defense on Microstamping
January 12th, 2010

The National Rifle Association held a “Second Amendment Advocacy Day” at the capitol today. Wayne LaPierre, executive vice president of the NRA, addressed a large crowd of supporters. Members met with legislator’s from both houses to lobby on gun rights.

Assemblywoman Michelle Schimel, a long-time gun-control advocate, went on the defense trying to make sure the NRA didn’t sway any of her colleagues away from supporting her microstamping legislation. Schimel handed out a fact sheet to legislators to refute the NRA’s take.

Microstamping is a technology that would mark fired bullets with information that would link them back to the gun that discharged them.

Schimel and other legislators like Sen. Eric Schneiderman say the technology should be required for all semi-automatic pistols sold in the state because it would help solve gun crimes. They insist the legislation is not about gun control.

Gun rights advocates say the technology is flawed and expensive and the legislation is a back door to banning semi-automatic weapons.

The legislation passed the Assembly last year but did not make it to a vote in the Senate. Advocates of the legislation hope to see it come to a vote in the Senate this year. They say they think they have the support of both Democrats and Republicans and say want it to come to a vote regardless of whether the support is concrete.

Here is a press release from Schimel’s office:



Albany, New York- As the gun lobby descends on Albany, Assemblywoman Michelle Schimel is reaching out to her colleagues in the New York State Legislature to set the record straight about microstamping.

Despite the fact that this sensible anti-crime measure poses no threat to responsible and lawful gun owners, gun rights groups like the Sportsmens Association for Firearms Education continue to maintain that microstamping legislation is nothing more than a back door method of banning semi automatic handguns. Nothing can be further from the truth.

It is unfortunate that the National Rifle Association (NRA) is confusing a crime fighting tool with the right to own a gun. My legislation does not place any restrictions on gun ownership or access. Simply put, microstamping will provide law enforcement with another tool to stop criminals, said Assemblywoman Michelle Schimel, the sponsor of microstamping legislation in the Assembly. It is sponsored by Senator Eric Schneiderman in the State Senate.

Microstamping helps law enforcement solve gun crimes. Similar to the purpose of a serial number on a handgun, microstamping causes an identification code to be imprinted on a shell casing when a semi-automatic pistol is fired. This will allow law enforcement officials to trace firearms through cartridge casings found at crime scenes, even if the crime gun is never recovered.

Microstamping is a vitally important new crime fighting tool supported by over 80 law enforcement organizations and agencies across New York State, said Assemblywoman Schimel.

Today, Wayne LaPierre, the Executive Vice President of the National Rifle Association (NRA), is joining the NRA for a Second Amendment Advocacy Day in Albany. There is little doubt that the subject of microstamping legislation will be brought to the attention of state legislators by the gun rights advocates.

Some arguments that have been put forth by the Gun Lobby have been based on inaccurate assumptions and conclusions to disparage the benefits of Microstamping legislation to law enforcement such as criminals can seed a crime scene with shell casings from unsuspecting lawful gun owners.

According to Chief William Kilfoil, President of the New York State Association of Chiefs of Police and Chief of the Port Washington Police District, It is unlikely that criminals will have the presence of mind after a shooting to change evidence. Their goal is to leave the scene of the crime as quickly as possible.

In response to the inaccurate claims made by the gun lobby against the microstamping bill, Assemblywoman Schimel has distributed a reference paper to all state legislators with persuasive rebuttal points.

By on January 12, 2010, 5:43 pm
In category: Albany,Crime & Safety,Eye on Albany | 9 Comments »

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9 Responses to “Schimel Plays Defense on Microstamping”

  1. Jarhead1982 Says:
    January 12th, 2010 at 9:57 pm

    Politicians and most journalists dont know didely squat about metals and their properties and the physics of a weapon being fired, much less the repeatability of said technology.

    Microstamping has a 52% repeatability as per the patent holders own testing, which is the same odds the house has in a gambling casino. So do you Mr Prosecutor care to take a case where it may be only 52% correct, or is that sufficient grounds to gamble that level of accuracy will eliminate all reasonable doubt?

    Only a FOOL of a prosecutor would take such a chance, therefore the technology is not developed enough to be of any relevant use.

    Nor is difficult to physically circumvent the use of a simple file to obliterate the stamping code entirely or partially.

    This legislation does nothing.

    Of course we have the USDOJ Background Check & Firearm transfer report 2008 that of the 99 million checks for purchases from licensed sources only, since 1994. We see 1.67 million valid rejections, a 68% decrease in felons attempting to buy from a licensed source, and 58% of those rejected being felons. We see that between 2000-2008 only 13,024 were prosecuted, or less than 1%.

    We of course see how the anti gun lobby claims such effectiveness of this pathetically useless law with the hard data they can present that the 1.66 million plus who werent prosecuted then did not go and buy from an unlicensed source. We also see how the USDOJ survey in 1997 where felons identified purchasing their weapons from 80% street buys, 12% retail stores, 2% gun shows.

    Then that 68% reduction of attempted buys from licensed sources puts the street buys at 90% in todays numbers. Amazing how ineffective that poster child of futility is and this trend is similar with ALL gun control laws. We are waiting to on your stunning expose on the massive legal system reform programs to eliminate all this inconsistency and liberal BS that allows convicted killers and career criminals, those responsible for 70-80% of all violent crime to go loose, again, and again.

  2. Frank Says:
    January 12th, 2010 at 10:21 pm

    I am a second amendment and constitutional supporter. With that said the nra is so hypocritical bunch of fools it isn’t even funny. They claim to support the second amendment. Only when it fits their financial needs. Look at the record. The nra will support any bill for or against the second amendment depending how they can get money on the issue. That’s all that matters. The bottom dolor.

  3. Dan Says:
    January 13th, 2010 at 12:32 am

    Ms. Schimel fails to point out that there are many law enforcement groups that oppose her microstamping scheme (not surprisingly). Schneiderman is about as “out to lunch” as people get. I encorage every law abiding gun owner to call Ms. Schimel and Mr. Schneiderman and ask them how many gun crimes CoBIS has solved – then ask them to explain how this idiotic microstamping will be better. And, do yourself a favor – ask a cop what they think. True copa know that law abiding gun owners are their friends and that microstamping is nothing more than CoBIS dressed up nice and pretty. And equally useless.

  4. Wayne Says:
    January 15th, 2010 at 5:13 pm

    Jarhead 1982 you are close, but miss the point. The patent holders have placed the technology nto the public domain, the firearm indsutry can use the technology freely.

    Second, the data shows the ability to identify a firearm >90%, from evidence at the scene.

    However, critic Mr. Krivosta (Suffolk County Crime Lab) did some research and found that 54% of the time the cartridges had 100% of the code (8 Characters), and the rest (46%) had 4 cartridges found at a crime scene. That means you are approaching 99% code identification from crime data.

    This is an anti-straw purchase technology; the funny thing is the industry could take away the role of the ATF by using this technology in conjunction with local law enforcement directly. No need for a ATF database, if the industry has its own. The NRA / NSSF dont get it.

    But, then again the NSSF and ATF seem to be working together, since they seem to help each other – “don’t lie for the other guy program and the E4473”

    It’s all about the money – when are we going to get out of the tent and go punch the

    This is how the NSSF views the wonderful people at the ATF:

    The National Shooting Sports Foundation (NSSF) — the trade association for the firearms industry — hailed the development of the electronic document.
    As part of the announcement, the ATF issued a ruling allowing firearms retailers to choose between a free downloadable version of the Form 4473 from the ATF Web site or an alternative commercial software-based version of the Form 4473, provided certain requirements are met by the vendor.
    “The E – 4473 will help all firearms retailers, especially small independent retailers, by giving the federal firearms licensee an opportunity to reduce costs and further enhance compliance issues by eliminating — or at the very least reducing — innocent mistakes caused by human error,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane.

    E-forms are the next incremental step to national registration (heck the FFL registration is national registration). And the NSSF is hailing E-filing as a good thing…. good grief.

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