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Government,
Construction,
Administrative/Regulatory

Nov. 30, 2017

Legislature has the power to enact technology-forcing statutes

In a decision last year, the Court of Appeal erred in concluding that it would be "illogical" to uphold a law requiring new firearm technology if that law were impossible to comply with when enacted.

Meredith J. Hankins

UCLA School of Law

Meredith is a Shapiro fellow in environmental law and policy at UCLA School of Law's Emmett Institute on Climate Change & the Environment.

See more...

Legislature has the power to enact technology-forcing statutes
Microstamped shell casings (New York Times News Service)

The California Legislature has broad authority to enact statutes requiring industries to implement cutting-edge technology in order to drive innovation. This is especially true where those innovations promote health and safety. In a decision last year, the Court of Appeal erred in concluding that it would be "illogical" to uphold a law requiring new firearm technology if that law were impossible to comply with when enacted. To the contrary, there is a long and success...

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