California's handgun roster.

Although the [California Unsafe Handgun Act]’s stated goal is safety, Biofire asserts that the UHA stifles innovation in firearm safety in two  ways. First, by mandating a specific, novel, never-before-commercialized microstamping technology, the UHA requires  emerging companies like Biofire to spend limited financial, research, and development resources to attempting (sic) implementation of the government’s specifically and arbitrarily designated technology.

It is worth noting that no company has implemented microstamping in a commercial firearm in the more than 15 years since the microstamping concept was first introduced by California lawmakers.

This requirement comes at the expense of developing and implementing other safety innovations, like biometric authentication, that may have a more meaningful impact on safety. Further, because many pre-existing manufacturers’ products were admitted to California’s handgun roster and continue to be available to sale in California, this requirement places an unfair burden on new, innovative market entrants like Biofire that existing manufacturers are not required to meet. This double standard makes it more difficult for companies like Biofire to bring innovations in firearm safety technology to California consumers.  

Second, by requiring that three pistols be removed from the handgun roster for every one that is added, the UHA creates a zero-sum game that puts emerging companies like Biofire in the position of being the catalyst for removal of a consumer’s preferred firearm, with no discernible safety benefit. California gun owners value the ability to choose which handgun is appropriate for their use case, and restrictions on this choice are generally unwelcome.

Requiring innovators to be the source of these restrictions hurts their brand reputation with the very customers who may otherwise be enthusiastic adopters of these innovative and safer firearms. Based on strong early demand from California residents, Biofire believes  that many California gun owners have and will determine that the Smart Gun will be the best choice for them. However, to the extent that gun owners believe that introduction of the Smart Gun comes at the expense of options available to the gun community, such gun owners will choose to vote with their purchasing power. If gun owners refuse to purchase the Biofire Smart Gun, the technology is not able to save lives.

In sum, the UHA’s requirements make it harder to bring innovative, safe firearms to market and, by eroding gun owners’ freedom of choice, the UHA makes firearms less likely to be adopted by gun owners who otherwise would purchase them. …

In reviewing the State’s opening brief on appeal, Biofire notes the State’s claim that striking down the challenged provisions would allow the retail sale of a “significantly expanded pool of semiautomatic pistols lacking safety features that can save lives”. Appellant’s Opening Brief, at 3. In practice, the opposite has happened: the UHA’s arbitrary requirements have limited safety options and only stand in the way of allowing Californians access to a more secure handgun. 

Biofire’s Amicus Letter in Boland v. Bonta

42 COMMENTS

  1. Yeah you’d think Biomass er Fire would jump into the Commiefornia conundrum. You’d be wrong. They want NO gunz🙄

    • Only police and the cartels should have guns according to the People’s Republik of Kalifornia.

      The Mexico way heading north real-soon-now.

  2. And of course the bad guys don’t give a rat’s patoot about CA UHA to start with. They’re busy putting switches on Glocks.

  3. Of course the Kalifornia list pushes people into buying guns with fewer safety options – that’s a feature, not a bug, as they say. The entire state-mandated gun buying process is inherently designed to discourage the exercise of a USC guaranteed basic human right. You can’t have a dependent population of victims without restrictions on their right to self-defense and ultimate redress of government oppression. By making ownership of small arms arduous and complex Kalifornia’s masters keep the proles in their place.

    • United Supreme Court.
      American’s ability to exercise a Right is dependent on 5 judges.
      🇺🇸🥰 Freedom

      • I mean if we are not free enough as we still have a lot of work to do you could always try Somalia for easy unrestricted access to just about anything. Let me know how it goes if you give it a try.

      • Venza – Actually I meant US Constitution but yes, we do have a Supreme Court, at the moment, in which the majority understand their role in our system better than any recent court – hopefully it stays that way long enough to truly matter in the long run.

    • It seems the anti-gunners are getting more desperate. Seeing their anti-gun efforts being defeated in courts, they are taking to protests to demand the constitution be ignored and let mob-rule prevail.

      • Obviously unarmed Gun Control loving adults waving around propaganda posters do not possess the means to save a 2nd grader from being abducted by a fearless kidnapper, etc.
        It’s a tossup for who is the bigger threat to children, the poster carrying adults begging for gun control or the gun control emboldened kidnappers, child molesters, etc.

      • Odd wasn’t the basis of our government a constitutional republic intended to prevent mob rule and oppression of the individual while also giving input from the populace?

  4. “…Limits Buyers’ Choices to a Pool to Guns With Fewer…”

    Huh? Looks like a typo in the title, perhaps.

    Something like this, perhaps?

    “…Limits Buyers’ Choices to a Pool of Guns With Fewer…”

  5. “…striking down the challenged provisions would allow the retail sale of a “significantly expanded pool of semiautomatic pistols lacking safety features that can save lives”.”

    What “safety features” does CA require for handguns sold in the state, that they use as justification for restricting choices to a list of approved handguns?

    • Spur triggers, like those on the NAA Mini-Revolvers are ‘Verboten’ for sale there…

    • “What’“safety features’ does CA require for handguns sold in the state, that they use as justification for restricting choices to a list of approved handguns?”

      apparently CA requires the “safety feature” to be that you not be able to exercise your second amendment right.

  6. sure, as the choices dwindle society becomes more saferer, science has proven this; the nyt, wapo and roaring storm mazageen concur.
    plus newsome says desantis’ new law that goes into effect 7/ 1 caused the latest cali shooting.

  7. The safety argument for the list of available firearms was ALWAYS bulls*t, just like it is for all gun restrictions. The list’s entire purpose was to slowly strangle the exercise of a Constitutional right. It had nothing to do with safety.

  8. It seems like BioFire is trying to be the next big thing, feels like Hudson H9 promos where the gun is supposed to be all these things but production isn’t in place yet so who really knows?

    Seems like they have more cash flow though, maybe they can push through the issues? Time will tell.

    • BioFire has a problem. That problem is that in an effort to further extend anti-gun control the anti-gun have made these claims about “safety features” and “technology” upon which to base their ‘acquiescence’ that guns would be suddenly ok if only these ‘features’ existed. The technology did not exist, and they knew it so they made these ‘impossible’ claims to appear as if they were ‘working towards a compromise’. In reality, they were going to subject even this ‘technology’ on guns to even more control over 2A rights by claiming basically “Look, a gun people can have a gun, but only this gun…so there ya go second amendment satisfied.”

      So why is this a problem for BioFire?

      If BioFire introduces this gun into the market the anti-gun will push for it as the only gun one can own thus actually further restricting 2A rights by its steep price (excluding people who can’t afford it) and unsuitability for over 80% of common defense situation usage while claiming that it satisfies the 2A. Thus many years of assured control over the exercise of the 2A while it gets battled in the courts.

      Thus BioFire needs it to be an alternative along with other guns, and not in lieu of other guns, and not required to be the only gun – to avoid basically being the ‘firearms’ company that in effect killed the second amendment for many. And that is the problem BioFire faces.

  9. Clearly the only feature the California Legislature is truly interested in is fewer guns of any kind. The Communist ideals they aspire to encourage the disarming of any citizens who might resist the Democrat regime.

  10. TTAG is sure investing a lot of articles and words bolstering BioFire. a number of years ago, TTAG did a review on the Zore gun lock. I was so impressed that I ordered two units along with several of my younger shooting friends (guys who still had children at home). Started out ok. but after a couple of years the devices began to fail…mostly inexplicably locking up and not responding to unlock manipulations. Zore is out of business for several years now. TTAG is pushing too hard to justify / explain / gain acceptance for another complicated locking technology…once burned – twice shy.

    I think I will sit this one out at $1,500 to try it on for size.

    • REALLY. You’r one of the 3 people that actually purchased one of those silly POS. Post a photo to prove it.

      No one with a brain needed “a couple of” SECONDS to figure out that thing was moronic and useless.

      • @neiowa

        Yes…really.

        Personally know more than three people who purchased and used the Zore. I did not find the device moronic or useless…when it worked it worked well. It was an elegant answer for many people who felt the need to lock up their 9mm’s yet retain the ability to restore it to action within a couple of seconds.

        I do not know exactly what it was in the design that failed…whether it was the electronics or the mechanicals.

        My two still work – however, after two Zore devices failed for a couple of friends I relegated mine to the back of a cabinet. I will NOT take the remote chance that a gun lock will not unlock when I most need it.

        I view the BioFire through the lens of skepticism…as I stated earlier; when an organization is trying sooo hard to convince me that something is good for me I tend to dig in and question their motives. Typically their motives are rooted in money.

        I do not know how to post a personally taken photograph on TTAG.

  11. When biometric locks on handguns work so well police demand them, and insurers offer discounts to home owners who purchase them, I will get one.

    • When Newsom’s bodyguards as well as the protection details for call the Demos are issued them, and carry for a couple of years, then maybe I will consider one…nah, not really.

  12. Thanks, you Biofire idiots. Now your fellow morons in the California Legislature will simply add biometric safeties to the rest of the requirements to be on the list. As did the New Jersey legislature. Of course, it may be your intention to require that the only guns sold are yours.
    tldr: STFU Biofire.

  13. I do not understand why people stay there?? We moved out of a blue state where we lived our whole life and do not miss it a bit.

    • “I do not understand why people stay there??”

      Because it’s hard. Hard to leave, hard to find somewhere else, hard to give up friends and careers, hard to be uncomfortable, hard to face uncertainties, hard to stand up for themselves …

  14. I am not a fan of this technology, facial/fingerprint recognition for a mechanical device such as a gun – this would be more accurately called a bio-imprinted password.

    Essentially all this product has done has taken the fingerprint scan and/or facial scan and converted the biological information into a mathematical formula i.e. a hash value (see MD5) it won’t need an internet connection to run the cryptographic algorithm, the scans or the monitoring and storage of the values to compare against.

    Now while this bio-recognition lock might be a product better versus with fumbling with a manual key lock or pin-pads in a middle of the night stressful situation, it still in my opinion has far more cons than pros.

    Since most gun owners, expect to not only own keep their firearms for their lifetimes they also hope that they will bequeath their firearms to their family and still last for generations. This product given current technology puts battery replacement life at about once every 2-3 years and memory replacement at about every 10 years. Also this is a product that could be exposed to extreme environmental conditions, dropped, heat-humidity, rain, puddles etc how is the memory, electronics and battery protected to prevent damage.

    Con#1 “Battery”: Regardless of how long a battery life it has it still at some point must be charged to be usable as designed; and with all rechargeable devices battery replacement will also be an issue and how is the memory of the “computer” managed with a dead or replaced battery. Keeping in mind that the battery could still be perfectly fine with over 300 to 500 charge cycles, but it could also fail sooner (how have they tested and gone through the battery manufacturer selection -cheapest and lowest quality or highest cost and most reliability) what kind of testing was performed to get the products anticipated life before replacement. – if the battery is damaged or being recharged what is protecting the owner from run away thermal issues.

    Con#2 “Memory”: Depending on the memory and compression technology used can the stored hash values become corrupt over time, or lost? The electrical charge stored in a flash memory cells degrades over time, and will degrade much faster at extended temperatures; also the more you use a memory this type of memory cards, the more likely it is to degrade over time. A typical memory card can go through 10,000 to 1 million “write/erase” cycles before failing rates increase, but also sitting idle “cold” no electrical charge for extended periods will also cause corruption as the memory cells lose electrical charge. Also like the battery their is a finite physical age limit, typically 10 years. Keeping in mind that the memory could still be perfectly fine with over 2 million write/erase cycles and older then 10 years, but it could also fail sooner (how have they tested and gone through the memory manufacturer selection; their is a finite amount of times before it becomes unusable. -cheapest and lowest quality or highest cost and most reliability) what kind of testing was performed to get the products anticipated life before replacement.

    Con#3 “motherboard”: If treated well and kept clean, a motherboard typically lasts between 10-20 years, though it is possible to last longer. This application of smart gun, could also put cleaning solvents and oils in contact with the motherboard(s) causing damage. Which means replacing the hardware with what will eventually become obsolete, and you may need to upgrade to the latest hardware.

    Con#4 “reliability”: Facial and fingerprint recognition is vastly improved from a few years ago, but error rates are still high especially in the facial and in controlled settings are much more accurate then in real life scenarios. Also keep in mind that similarity scores and comparison thresholds to account for the false negative rates and false positive rates (families are going to look very similar – if your trying to prevent your daughter who looks a lot like her mom from accessing the gun, this could be a problem if the wife is the owner, or some other similar scenarios, like identical twins, etc. Then you have the recognition “racial” demographic biases, non-whites will find this product to have a much higher rate of false positives and will prevent the gun owner from accessing, especially in a need to defend type of situation.

    Con#5 “quick to lock”: The manufacturer states that this product locks near immediately so anything from changing your hand grip location, changing the grip force from loose to tight, to switching hands temporarily and with the reliability factors, could lock out the owner when needed in a scenario where you are walking your house looking for the “source” of the late noise.

    Con#6 “Software reliability and upgrades”: Since no one has been able to independently verify it at this moment we have to rely on the manufacturers statement that this is what they are doing and given their descriptions we can assume that they are probably doing what they claim they are. However, at some point we can trust but will need to verify; take the electronics apart and verify no Wi-Fi/Bluetooth or other radio communications chips or antennas are on the motherboard(s) and also to have a radio spectrum analyzer running to see if broadcasts are occurring. Also how is full manufacturer reset, or software updates (bugs/fixes) deployed when owners change in the case of reselling, or in the case of bequeathing to new a owner, or fixing a software flaw, or software algorithm improvements

    • damion
      you covered many good points. I work with a lot of electronics in harsh conditions, hot cold wet vibration multiples of chemicals unshielded high voltage random rf. None are nice to electronics.
      I know first hand how unreliable fingerprint scans can be. Don’t know about facial recognition but I have doubts, especially in the dark. Hadn’t thought of the family resemblance aspect.
      I don’t even trust digital locks on my safes. The old fashioned combo locks work fine.

    • I disagree with the longevity complaint. It’ll just have consumable parts, the same as any gun. Complaining about the motherboard not lasting forever is like complaining that a spring will wear out eventually.

      Otherwise that’s a pretty good rundown.

      • Eric
        most normal handgun springs cost less than $20. I know chinesium electronics are cheap but electronics are application specific. When there isn’t anyone making it any longer your screwed.
        Springs can be modified or even completely fabricated by the average person with pretty simple tools and some patients.

      • I would like to point out the issue of longevity based on personal experience. I encountered a situation where I had to replace a motherboard for a friend of mine when her computer was struck by lightning during a thunderstorm. The motherboard of her hard drive bore the brunt of the electric storm and quickly overloaded the power strip. Consequently, the hard drive became unreadable. Fortunately, the hard drive itself remained undamaged, thanks to the power strip it did manage to localize the damage to only the onboard motherboard of the hard drive.

        Upon conducting some research, I discovered that replacing the motherboard in order to restore the functionality of the hard drive requires finding one with almost identical BIOS coding. This process proved to be exceedingly challenging as even minor code variations can render the hard drive to remain unreadable; successful replacement depends more on luck than skill it would seem.

        In the realm of computer hardware, BIOS code changes occur frequently but are rarely documented, especially in the public domain. The constant pursuit of faster and better technology fuels this trend. While these changes do not affect new hard drives that lack data, they significantly impact hard drives that already contain data. Even slight alterations in the code can affect how the disc platters are read, rendering the hard drive unreadable or unusable with the current BIOS. Consequently, the onboard motherboard of the hard drive plays a crucial role in managing data.

        To maximize the chances of obtaining a replacement motherboard with minimal BIOS code changes, one must attempt to source a unit manufactured around the same date. However, in the field of electronics, the likelihood of finding the exact same controller code months or even years later is close to impossible. This situation can potentially render the entire bio-password inaccessible, transforming a smart gun into nothing more than a desk paperweight.

        In the case of my friend’s hard drive, which contained valuable family photos, I managed to find another person selling a computer of the same make and model, manufactured around the same time. I purchased the computer and salvaged the hard drive motherboard from it. Thankfully, this solution worked, and the cost was less than $150.

  15. Until now smart gun companies have been seen as ideologically connected to the left wing and gun control in general.

    It appears Biofire want to change all that and ideologically link themselves to ourselves to our side.

    Huh. Ok. Good on them.

  16. I have been watching the Amazon tribes that use blowguns with poison darts. I don’t have enough breath to use one but it sure seems to be a good idea for California to take care….well you get the idea 💡

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