CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 2-Z
 40amended regulations, with the changes clearly indicat-
ed, available to the public for at least 15 days before the
date the Department adopts the amended regulations.
TITLE 11. DEPARTMENT OF JUSTICE
The Department of Justice (DOJ) proposes to adopt
section 4095.1 and amend sections 4049 through 4053,
4057, 4060 through 4063, 4065 through 4068, 4070,
4071, 4082 through 4086, 4090, 4093 through 4100,
4105 through 4108, and repeal sections 4101 and 4102of title 11, division 5, Chapters 5 and 6, of the California
Code of Regulations (CCR) concerning Laboratory
Certification of Handgun T esting and Certified Firearm
Safety Device Laboratories, Firearm Safety DeviceStandards and T esting, and Standards for Gun Safes, af-
ter considering all public comments, objections, and
recommendations regarding the proposed action.
PUBLIC HEARING
The Department will hold a public hearing to receive
public comments on the proposed regulatory action.
The hearing will be held on February 26, 2018, 10:00
a.m. to 12:00 p.m., at the following location:
Resources Building Auditorium 
1416 9th Street Sacramento, California 95814
This auditorium is wheelchair accessible. There is no
designated parking lot. Parking will need to be found
nearby.
At the hearing, any person may present oral or written
comments regarding the proposed regulatory action.The Department requests, but does not require, that per-
sons who make oral comments at the hearing also sub-
mit a written copy of their testimony.
WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized repre-
sentative, may submit written comments relevant to the
proposed regulatory action. The written comment peri-
od closes at 5:00 p.m. on February 26, 2018. Only com-
ments received by the DOJ by that time will be consid-
ered. W ritten comments must be submitted to:
Jacqueline Dosch
Bureau of FirearmsDivision of Law EnforcementDepartment of Justice
P.O. Box 160487 
Sacramento, CA 95816−0487Phone: 916−227−5419Email: handgunFSDtesting@doj.ca.govAUTHORITY AND REFERENCE
California Penal Code section 23650 states the Attor-
ney General shall develop regulations to implement aminimum safety standard for Firearm Safety Devices(FSDs) and gun safes to significantly reduce the risk of
firearm−related injuries to children 17 years of age and
younger. Penal Code section 32030(c) states the De-partment of Justice (Department) may, in its discretion
and at any time, require a manufacturer to provide to the
Department any model of firearm for which listing is
sought under this section, to determine whether themodel complies with the requirements of this section.
Furthermore, Penal Code section 32010 states the De-
partment shall certify laboratories to verify compliance
with the standards defined in Section 31910. Therefore,
in order to comply with the above−mentioned sections,
it is necessary for the Department to revise the existing
Chapters 5 and 6, in the California Code of Regulations
(CCR), title 11, division 5.
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
The “Aroner−Scott−Hayden Firearms Safety Act of
1999,” was approved by the Governor in August of1999. The act requires that, except as provided, effec-
tive January 1, 2002, all firearms sold or transferred in
California, or manufactured in California, be accompa-
nied by an FSD approved by the Department. This act
also requires the Department to certify laboratories to
test FSDs. Additionally, the Attorney General is autho-
rized to recall any gun safe or FSD sold in Californiathat does not conform to the specified provisions of the
act. (Penal Code sections 23620, 23625, 23630, 23635,
23640, 23645, 23650, 23655, 23675, 23680, 23685,and 23690.)
Also in 1999, the Legislature enacted Senate Bill 15
(Chapter 248, Statutes of 1999), which makes it a mis-
demeanor or felony to manufacture or import into thestate an unsafe handgun. This legislation requires anypistol, revolver, or other firearm capable of being con-
cealed upon the person that is in California, to be tested
by an independent laboratory certified by the Depart-ment to determine if that firearm meets or exceeds spec-
ified standards defining unsafe handguns. The Depart-
ment was required to certify laboratories for this pur-pose on or before January 1, 2001. (Penal Code sections
31900, 31905, 31910, 32000, 32005, 32010, 32015,
32030, 32100, and 321 10.)
The California Code of Regulations, title 11, division 5,
Chapters 5 and 6, detail the specifics of these laws as
follows:
Section 404 9 defines key terms related to the labora-
tory certification of handgun testing. These terms areused throughout these regulations.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 2-Z
 41Section 4050 specifies that any laboratory wanting to
participate in the California Handgun Testing Program
must apply for and obtain DOJ−Certification.
Section 4051 incorporates the A pplication for Labo-
ratory Certification (Handgun T esting).
Section 4052 lists the requirements a laboratory
needs prior to obtaining DOJ−Certification. Laborato-
ries are required to have a Certificate of Eligibility
(COE) pursuant to Penal Code section 26710. Addi-tionally, laboratories are required to have a FederalFirearms License (FFL) and equipment for testing that
is specified in this section.
Section 4053 specifies the grounds on which a labo-
ratory will be denied for DOJ−Certification.
Section 4057 outlines the safety and security proce-
dures that a DOJ−Certified Laboratory must have inplace. A form for laboratories to report to the DOJ any
lost or stolen handgun is also incorporated by reference.
Section 4060 specifies the testing procedures that
laboratories are to adhere to.
Section 4061 revises and establishes the require-
ments for laboratories to report the test results to the De-
partment.
Section 4062 details the required records, retention
periods and reporting changes. This section is included
due to the revision of a form that is incorporated by ref-erence.
Section 4063 specifies requirements for a DOJ−
Certified Laboratory should they need to use an off−site
location for handgun testing. This section is includeddue to the revision of a form that is incorporated by ref-erence.
Section 4065 established application fees and the
forms that shall accompany the fees.
Section 4066 specifies the grounds for revocation of a
DOJ−Certification for a laboratory.
Section 4067 outlines the procedures for renewal of
DOJ−Certification. This section is included due to therevision of a form that is incorporated by reference.
Section 4068 specifies the procedures for renewal of
a DOJ−Certification after the certification has expired.
This section is included due to the revision of a form
that is incorporated by reference.
Section 4070 establishes timeframes for receiving
the Compliance Test Report (Handguns) in order tohave the handgun listed on the Roster of Handguns Cer-
tified for Sale. Additionally, pursuant to Penal Code
section 32015(b)(1), this section states the listing will
be valid during the calendar year in which payment wasreceived, ending December 31 of that year, regardlessof when it was first placed on the Roster.
Section 4071 outlines the procedures for renewal of a
handgun that was previously listed on the Roster ofHandguns Certified for Sale, and how the Departmentwill inform manufacturers that the handgun listing was
renewed.
Section 4082 defines key terms related to the labora-
tory testing of FSDs. These terms are used throughoutthese regulations.
Section 4083 specifies that any laboratory wanting to
participate in the FSD testing program must apply for
and obtain DOJ−Certification.
Section 4084 incorporates the Application for Labo-
ratory Certification (Firearm Safety Device T esting).
Section 4085 lists the requirements a laboratory
needs prior to obtaining DOJ−Certification. Laborato-ries are required to have a COE pursuant to Penal Code
section 26710.
Section 4086 specifies the grounds on which a labo-
ratory will be denied DOJ−Certification for testingFSDs.
Section 4090 specifies that the laboratory must not
have any conflicts of interest in the testing of FSDs and
must not have any financial conflicts of interest.
Section 4093 specifies the FSD testing procedures
that laboratories are to adhere to and the requirements
for a manufacturer to submit FSDs to the laboratory.Some of the specifications include that the FSD shall be
clearly marked with the manufacturer’s model name
and model number, and that if the FSD requires batter-ies to operate they must be included when provided to
the laboratory.
Section 4094 establishes FSD standards. The FSDs
shall be designed so that they will not allow their re-moval or deactivation unless by the method intended by
the manufacturer.
Section 4095 establishes FSD testing procedures.
The tests are designed to replicate the force that would
be exerted on an FSD with common items found in the
average home. Specific criteria are listed for testing the
FSD’s ability to withstand tolerances of force, heights,torque and weight, exerted upon the device.
Section 4095.1 has been added to establish the testing
sequence, and the number of FSDs that shall be sup-plied to the laboratory depending on the type of device.
Some revisions have been made to the test, but mostly
the order in which they are explained and the number ofdevices to be s ubmitted has been clarified.
Section 4096 revises and establishes the require-
ments for laboratories to report the FSD test results tothe Department.
Section 4097 details the required records, retention
periods and reporting changes. This section is included
due to the revision of forms that are incorporated by ref-erence.
Section 4098 specifies requirements for a DOJ−
Certified Laboratory performing FSD testing shouldthey need to use an off−site location. This section is in-CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 2-Z
 42cluded due to the revision of a form that is incorporated
by reference.
Section 4099 establishes inspections of the DOJ−
Certified Laboratory that is testing FSDs. It states that
within six months of the date of the certification, the
Department will conduct an inspection to observe actu-
al FSD testing.
Section 4100 outlines the procedures for establishing
that a gun safe or lock box that is already in possession
meets the appropriate standards. Also, this section tells
how to prove that someone owns a gun safe or lock boxthat meets the standards.
Section 4101 has been repealed as it was combined
into section 4100.
Section 4102 has been repealed as it was combined
into section 4100.
Section 4105 outlines the procedures for renewal of a
DOJ−Certification for a laboratory. This section is in-
cluded due to the revision of forms that are incorporated
by reference.
Section 4107 specifies how the Department shall re-
ceive notices, orders and communications from the lab-
oratory. This section is included due to the revision of a
form that is incorporated by reference.
Section 4108 establishes the Roster of Firearms Safe-
ty Devices Certified for Sale. The section states thatwithin 30 days of receipt of the Compliance T est Report
(Firearm Safety Devices), the Department will deter-
mine whether the FSD may be placed on the Roster.
ANTICIPATED BENEFITS OF THE
PROPOSED REGULATION
The proposed regulations provide references for re-
vised forms, and further clarification on the testing pro-
cedures for handguns and FSDs. With revised regula-tions in place, the products placed on the Department’s
Roster of Handguns Certified for Sale, and Roster of
Firearm Safety Devices Certified for Sale will have
been tested more accurately and lead to fewer unsafe in-
cidents.
INCORPORATED BY REFERENCE FORMS
Application for Laboratory Certification (Handgun
Testing), BOF 019 (Rev. 07/2018)
Application for Laboratory Certification (Firearm
Safety Device T esting), BOF 019A (Rev. 07/2018)
Request to Utilize an Additional Off−Site Location
(Handgun T esting), BOF 020 (Rev. 07/2018)
Request to Utilize an Additional Off−Site Location
(Firearm Safety Device Testing), BOF 020A (Rev.07/2018)Compliance Test Report (Handguns), BOF 021 (Rev.
07/2018)
Compliance Test Report (Firearm Safety Devices),
BOF 021A (Rev. 07/2018)
DOJ−Certified Laboratory Theft Report (Handguns),
BOF 022 (Orig. 07/2018)
EV ALUATION OF
INCONSISTENCY/INCOMPATIBILITY WITH
EXISTING STATE REGULATIONS
Pursuant to Government Code 11346.5(a)(3)(D), the
DOJ must evaluate whether the proposed regulation is
inconsistent or incompatible with existing state regula-
tions. Pursuant to this evaluation, the Department hasreviewed existing regulations pertaining to firearms
within California Code of Regulations (CCR) title 11,
division 5 and determined these proposed regulations
are not inconsistent or incompatible. This determina-tion is based on the fact that the proposed regulations re-
vise and reor ganize existing regulations.
COMPARABLE FEDERAL REGULATIONS
The proposed action does not differ substantially
from an existing comparable federal regulation or
statute.
DISCLOSURES REGARDING THE
PROPOSED ACTION
The DOJ has made the following initial determinations:
Mandate on local agencies or school districts: None.
Cost or savings to any state agency: None.Cost to any local agency or school district which must
be reimbursed in accordance with Government Code
sections 17500 through 17630: None.
Other nondiscretionary cost or savings imposed on
local agencies: None.
Cost or savings in federal funding to the state: None.
Significant, statewide adverse economic impact di-
rectly affecting business, including the ability of Cali-fornia businesses to compete with businesses in other
states: None.
Cost impacts that a representative person or business
would incur in reasonable compliance with the pro-
posed action: The DOJ is not aware of any cost impacts
that a representative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.
Significant ef fect on housing costs: None.
Small business determination: The DOJ has deter-
mined that the proposed regulation will not affect small
business because all of the current DOJ−Certified Lab-CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 2-Z
 43oratories are located outside of California. Further-
more, the proposed regulation is not expected to engen-
der any significant, negative fiscal impact. Some of theproposed changes will result in a cost savings.
Results of the Economic Impact Assessment/
Analysis:
Adoption of the proposed regulations will not:
(1) Create or eliminate jobs within California;
(2) Create new businesses or eliminate existing
businesses within California; or
(3) Affect the expansion of businesses currently doing
business within California.
(4) As stated above under the “Anticipated Benefits of
the Proposed Regulation,” the regulations updateand clarify a number of forms and testingprocedures. As a result, the products placed on the
Department’s Roster of Handguns Certified for
Sale and Roster of Firearm Safety DevicesCertified for Sale will have been tested more
accurately and lead to fewer unsafe incidents.
CONSIDERATION OF ALTERNATIVES
In accordance with Government Code section
11346.5(a)(13), the DOJ must determine that no rea-
sonable alternative it considered or that has otherwisebeen identified and brought to its attention would bemore ef fective in carrying out the purpose for which the
action is proposed, would be as effective and less bur-
densome to affected private persons than the proposedaction, or would be more cost−effective to affected pri-
vate persons and equally effective in implementing the
statutory policy or other provision of law.
CONTACT PERSONS
Please direct inquiries concerning the proposed ad-
ministrative action to:
Jacqueline Dosch 
Bureau of FirearmsDivision of Law Enforcement
Department of Justice 
P.O. Box 160487 Sacramento, CA 95816−0487
Phone: 916−227−5419
Email: handgunFSDtesting@doj.ca.gov
The back−up contact person for these inquiries is:Audrey Durfor
Bureau of Firearms
Division of Law EnforcementDepartment of Justice
P.O. Box 160487 
Sacramento, CA 95816−0487Phone: 916−227−7615Email: handgunFSDtesting@doj.ca.gov
A V AILABILITY OF RULEMAKING FILE
INCLUDING THE INITIAL STATEMENT OF
REASONS AND TEXT OF
PROPOSED REGULATION
The DOJ will have the entire rulemaking file avail-
able for inspection and copying throughout the rule-
making process. The text of the proposed regulation(the “express terms”), the initial statement of reasons,
and the information upon which the proposed rulemak-
ing is based are available at the DOJ website athttp://oag.ca.gov/firearms/regs
. Copies may also be ob-
tained by contacting Jacqueline Dosch.
A V AILABILITY OF CHANGED OR
MODIFIED TEXT
After considering all timely and relevant comments
received, the DOJ may adopt the proposed regulation
substantially as described in this notice. If the DOJmakes modifications which are sufficiently related tothe originally proposed text, it will make the modified
text (with the changes clearly indicated) available to the
public for at least 15 days and accept written comments
before the DOJ adopts the regulation. Copies of anymodified text will be available on the DOJ website at
http://oag.ca.gov/firearms/regs
. A written copy of any
modified text may be obtained by contacting Jacqueline
Dosch.
A V AILABILITY OF FINAL STATEMENT
OF REASONS
Upon completion, the final statement of reasons will
be available on the DOJ website at
http://oag.ca.gov/firearms/regs . You may also obtain a
written copy of the final statement of reasons by con-tacting Jacqueline Dosch.
A V AILABILITY OF DOCUMENTS ON
THE INTERNET
Copies of the Notice of Proposed Action, the Initial
Statement of Reasons, and the text of the regulation inCALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 2-Z
 44underline and strikeout format, as well as the Final
Statement of Reasons once completed, are available on
the DOJ website at http://oag.ca.gov/firearms/regs .
TITLE 11. DEPARTMENT OF JUSTICE
Notice is hereby given that the Department of Justice
(Department) proposes to adopt sections 999.300 to999.337 of T itle 11, Division 1, Chapter 19, of the Cali-
fornia Code of Regulations (CCR), described below, af-
ter considering all comments, objections, and recom-mendations regarding the proposed action. These pro-posed regulations concern the establishment and opera-
tion of a grant−making program to fund local enforce-
ment of tobacco−related laws, as mandated by Proposi-
tion 56, the California Healthcare, Research and Pre-vention T obacco Tax Act of 2016.
PUBLIC HEARING
The Department will hold a public hearing to provide
all interested persons an opportunity to present
statements or arguments, either orally or in writing,with respect to the proposed regulations, as follows:
Date: February 28, 2018
Time:  2:30−5:00 p.m.
Location:  1616 Capitol Ave.
 Sacramento, California
WRITTEN COMMENT PERIOD
Any interested party, or his or her duly authorized
representative, may submit written comments relevant
to the proposed regulatory action to the contact personlisted below. The written comment period closes onFebruary 26, 2018 at 5:00 p.m. Only  written comments
received by that time shall be reviewed and considered
by the Department before it adopts a regulation.
Monica Gable, Senior Legal Analyst, CA Depart-
ment of Justice, P.O. Box 944255, Sacramento, CA
94244−2550, email: monica.gable@doj.ca.gov
, fac-
simile (916) 323−0813.
Note that under the California Public Records Act
(Gov. Code, § 6250 et seq.), written and oral comments,
attachments, and associated contact information (e.g.,address, phone, email, etc.) become part of the publicrecord and can be released to the public upon request.
AUTHORITY and REFERENCE
The Department proposes the adoption of California
Code of Regulations Title 11, Division 1, Chapter 19,Sections 999.300 to 999.337, pursuant to the authorityvested in it by the California Healthcare, Research and
Prevention T obacco Tax Act of 2016, Revenue & Taxa-
tion Code, section 30130.57. The proposed regulationswill implement, interpret, and make specific the provi-
sions of Revenue & Taxation Code, section 30130.57,
subdivision (e)(1). (Gov. Code, § 1 1346.5(a)(2); 1 CCR
14.)
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
Summary of Existing Laws and Regulations:
In November 2016, California voters approved
Proposition 56, the California Healthcare, Research
and Prevention Tobacco Tax Act of 2016 (the Act).(Codified at Rev. & Tax. Code, §§ 30130.50 −30130.57.) This measure increased the excise tax rate
on tobacco products for the purpose of reducing smok-
ing and thus reducing mortality, disease, healthcarecosts, loss of productivity, and other adverse impacts of
smoking. The Act also established the California
Healthcare, Research and Prevention Tobacco Tax Act
of 2016 Fund (the Fund) and designated the distribution
of revenues from the Fund. (Rev. & Tax. Code,
§§ 30130.53, 30130.55, and 30130.57.)
Among other designations of tax revenues, the Act
provides that an annual amount of $48,000,000 shall be
used for the purpose of funding certain law enforcement
efforts. (Rev. & Tax. Code, § 30130.57, subd. (e).) The
Act sets forth these law enforcement ef forts as follows:
(i) to reduce illegal sales of tobacco products,
particularly illegal sales to minors;
(ii) to reduce cigarette smuggling, tobacco tax
evasion, the sale of tobacco products without a
license and the sale of counterfeit tobaccoproducts;
(iii) to enforce tobacco−related laws, court judgments,
and legal settlements; and
(iv) to conduct law enforcement training and technical
assistance activities for tobacco−related statutes.(Rev. & T ax. Code, § 30130.57, subd. (e).)
The Act apportions annual distribution of these funds
in four dif ferent ways: $6,000,000 to the Department of
Tax and Fee Administration (formerly the Board of
Equalization), $6,000,000 to the Department of Public
Health, $6,000,000 to the Attorney General, and
$30,000,000 to the Department of Justice/Office of the
Attorney General (the Department) to be distributed to
local law enforcement agencies. (Rev. & Tax. Code,§ 30130.57, subd. (e)(1)−(4).) It is the last of these —
the grant−making program of the Department — that is
the subject of these proposed regulations.
The Act provides that the Department distribute
$30,000,000 annually to local law enforcement agen-