California Code of Regulations 
Title 11, Division 5 
Chapter 5. Laboratory Certification of Handgun Testing 
Article 2. Definition of Key Terms 
§ 4049. Definition of Key Terms. 
(a)    “ATF” means the United States Department of Justice, Bureau of Alcohol, Tobacco, 
Firearms and Explosives. 
(b)    “COE” means a Certificate of Eligibility issued by the California Department of Justice 
pursuant to Penal Code section 26710, subdivisions (a) through (c) after a check of state and federal files has determined that at the time the check was performed, and based upon available information, the applicant was not a person who was prohibited from possessing firearms pursuant to state and federal laws. 
(c)    “Completed Application” means a  completed Application for  DOJ -Certification  Laboratory  
Certification  (Handgun Testing) , Form BOF  019 (Rev. 01/2012  07/2018), hereby incorporated 
by reference; copies of  any applicable licenses and/or certificates; any additional sheets used to  
provide full and complete  answers to questions on the application; copies of the laboratory's  
written procedures relating to security  and prohibited persons; and the application fee.  
(d)    “Compliance Test Report” means a report  completed by  a DOJ -Certified Laboratory , 
Compliance Test Report  (Handguns), Form BOF 021  (Rev. 07/2018), hereby incorporated by  
reference  after a handgun model has met the requirements of Penal Code sections 31900 and 
31905 and these regulations.  
(e)    “Corporation” means any entity organized under California Corporations Code section 102, 
subdivision (a) or similar statute if not a California corporation.  
(f)    “Day” means a calendar day unless otherwise specified in these regulations. 
(g)    “DOJ” means the California Department of Justice.  
(h)  “DOJ -Certification” means the DOJ certificate issued as evidence of  compliance with the 
DOJ laboratory  certification requirements as set forth in these regulations.  
(i)  “DOJ -Certified Laboratory” means a laboratory that has applied for and been granted DOJ-
Certification. (j) “FIN” means the firearm identification number comprised of a unique array of characters 
that identify the make, model, and serial number of each pistol subject to the microstamping 
requirement for semiautomatic pistols set forth in Penal Code section 31910, subdivision (b)( 7) 
and which can be used to identify the pistol when it is traced through DOJ's Automated Firearms 
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  System (AFS). The FIN shall consist of at least eight, but no more than 12, unique alpha and/or 
numeric characters that must begin with the manufacturer's NCIC MAK code. 
(k) “Firm” means a business unit, enterprise, or partnership of two or more persons, that is not 
recognized as a legal person distinct from the members comprising the entity. (l) “Identical magazines” means magazines submitted for, and used during, testing shall not be 
of a higher functional quality, which might result in improved performance from those provided 
to retail customers. 
(m) “Local license” means any regulatory and/or business license issued by a city, county, 
and/or other local government agency. (n) “Manufacturer/Importer” means either a manufacturer of domestic ally produced handguns 
or, if one exists, a legal successor in interest or another person with the consent of the 
manufacturer; and/or a federally licensed importer of foreign manufactured handguns. 
(o) “Model” means the manufacturer's/importer's designation which uniquely identifies a 
specific design of handgun subject to the descriptive limitations imposed by Penal Code section 
32030, subdivision (a). 
(p) “Pistol” means a handgun in which the chamber is part of the barrel. A pistol can either be 
semiautomatic or non -semiautomatic, but not fully automatic. 
(q)    “Primed Case” means metallic containers that hold a live primer without a bullet and/or 
propellant powder. (q) (r ) “Reasonable access” means that areas and/or items to be inspected by an authorized 
DOJ employee are free from physical obstruction and/or other impediments that would make 
access difficult and/or unsafe. 
(r) (s ) “Refined or modified” means an improvement applied to the test handguns, that is not 
made to ret ail handguns, which may result in improved performance during testing. Refining or 
modifying a handgun includes, but is not limited to, using material preparation, assembly 
techniques, or break- in processes that are different from those used to produce ret ail models. 
(s) (t ) “Responsible party” includes, but is not limited to, firearm manufacturers/importers and 
law enforcement agencies. 
(t) (u ) “Revolver” means a handgun with a cylinder having several chambers so arranged as to 
rotate around an axis and be discharged successively by the same firing mechanism through a 
common barrel. 
(u) (v ) “Roster of Certified Handguns Certified for Sale ” means a list of all pistols and 
revolvers that have been tested by a DOJ -Certified Laboratory, have been determined not to be 
unsafe handguns, and that may be sold in California pursuant to Penal Code section 32010. The 
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   roster Roster will list, for each firearm, the manufacturer, model number, model name, and other 
information deemed necessary by the DOJ to f acilitate identifying that handgun model. 
(v) (w ) “Similar” means a handgun listed on the Roster of Certified Handguns Certified for 
Sale that was not subject to testing because it satisfied the requirements of Penal Code section 
32030. 
(w) (x ) “Standard ammunition” means commercially produced factory loaded ammunition 
which is available for purchase at consumer -level retail outlets. 
N
ote: Authority cited: Sections 16380, 16900, 17140, 31900, 31905, 31910, 32005, 32010, 
32015, 32020, 32025 and 32030, Penal Code. Reference: Sections 16380, 16900, 17140, 23515, 
26710, 29800, 29805, 29815, 29820, 29825, 29900, 31900, 31905, 31910, 32000, 32005, 32010, 32015, 32020, 32025, 32030, 32100, 32105 and 32110, Penal Code; Section 102, subdivision (a), Corporations Code; and Chapter 44 Sections 920 et seq., Title 18 of the United States Code. 
Article 3.  DOJ-Certification: Who Must be DOJ-Certified; Application for DOJ -
Certification; Pre -DOJ -Certification Requirements; Grounds for  Denial; DOJ-
Certification Period; Appeal Process  
§ 4050. Who Must Be DOJ- Certified. 
(a)    Any laboratory wishing to participate in the California Handgun Testing Program described 
in these regulations must apply for and obtain a DOJ- Certification. 
(b)   Any proposed change in the ownership of five percent or more of a DOJ- Certified 
Laboratory from that reported on the initial application shall require the submission of an Application for DOJ-Certification Laboratory Certification (Handgun Testing) , Form BOF 019 
(Rev. 01/2012 07/2018), hereby incorporated by reference, by the proposed ownership entity or 
owners. Written notification shall be made to the BOF within 10 days of the effective date of the 
change. 
Note: Authority cited: Section 32010, Penal Code. Reference: Sections 16380, 16900, 17140, 
26710, 31900, 31905, 31910, 32010, 32020 and 32030, Penal Code. 
§ 4051. Application for DOJ- Certification. 
The DOJ will accept completed applications from laboratories seeking DOJ- Certification. 
Application for DOJ- Certification shall be made on Laboratory Certification (Handgun Testing) , 
Form BOF 019 (Rev. 01/2012 07/2018) , hereby incorporated by reference. which shall include 
the following: 
(a) Laboratory information: name of applicant laboratory; physical and mailing addresses; 
telephone and fax numbers; local licensing authority, business license number, and expiration date; the local law enforcement agency with jurisdiction over the laboratory; federal firearms 
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  license number, type, and expiration date (if licensed); business hours; e- mail address (if 
applicable); and copies of licenses and/or certificates identified on the application. 
(b)    COE holder information: name, title, COE number, and COE expiration date of any owner, 
chief executive officer, or person who possesses or has applied for a COE pursuant to section 4052, subdivision (a) of these regulations. 
(c)    Ownership information: ownership s tructure; the name, title/relation to 
laboratory/percentage owned and/or controlled, address, telephone and fax numbers, state 
corporation/partnership number and expiration date, and local business license number and expiration date of any owner that is not a natural person; and the name, title/relation to laboratory/percentage owned and/or controlled, address, and telephone number of each owner, partner, officer, director and any person who owns and/or exercises control of five percent or more of outstanding common stock; and if a corporation or partnership either original certified copies of the articles of incorporation or a current roster of general and limited partners. 
(d)    Facility management and testing supervision information: name and title of the manager or 
director of the laboratory and/or unit of the laboratory that will conduct handgun tests, the persons supervising handgun tests, and persons participating and/or performing handgun tests; a copy of the laboratory's security procedures; the name, address, and telephone number of any 24-hour security service or monitored alarm system that is employed by the laboratory, and a copy of the contract for services; and a copy of the procedures for ensuring that persons prohibited from possessing firea rms will not have access to firearms and a description of the method to be 
used to identify any such persons. 
(e)    Required equipment information: whether the laboratory will obtain the required equipment 
at the time the application is submitted or at a later date. 
(f) Off- site location information, if applicable: name of the owner; telephone number; physical 
address; and the testing to be performed and/or equipment to be used at the off- site location. 
(g)    Authorized representative information: name and title of the person who has the legal authority to sign the application and attest to the required matters on behalf of the applicant laboratory. 
(h)    A signed certification stating that the laboratory and/or owner is free from any conflicts of 
interest as defined by section 4053, subdivision (a)(3), (7), (8), and (9) of these regulations. 
(i)    A signed certification regarding: the informing of staff of laws relating to prohibitions 
against firearms possession; the ensuring that prohibited persons do not have access to, come into contact with, and/or possess firearms; the fact that the laboratory obtains and maintains any required federal, state, and/or local licenses; and the fact that the laboratory does comply with all applicable federal, st ate, and/or local laws and/or regulations. 
(j)    A signed certification regarding: the possession of the required equipment; the maintenance and calibration of that equipment; and the laboratory does comply with safety, design, operation, and licensing and approval requirements. 
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 (k)    The initial application processing fee required by section 4065, subdivision (b)(1) of these regulations. 
Note: Authority cited: Section 32010, Penal Code. Reference: Sections 16380, 16850, 16900, 
17140, 23515, 25610, 26710, 29800, 29805, 29815, 29820, 29825, 29900, 31900, 31905, 31910, 32005, 32010, 32015, 32020, 32025 and 32030, Penal Code. 
§ 4052. Pre- DOJ-Certification Requirements. 
(a)    Pursuant to Penal Code section 26710, subdivisions (a) through (c), the DOJ issues COEs. 
One or more of the owner(s), chief executive officer(s), or person(s) with primary responsibility 
for the operation of the laboratory shall obtain and maintain a valid COE as a condition of obtaining and maintaining DOJ- Certification. 
(b)    Applicant laboratories and existing certification holders subject to renewal shall obtain and 
maintain a valid FFL as a condition of obtaining and maintaining certification. 
(b) (c) Once a completed application has been received, the DOJ will schedule an on- site 
inspection of the applicant laboratory. During this inspection the applicant laboratory shall 
demonstrate its ability to conduct handgun testing by doing all of the following: 
(1)    Have available for inspection by DOJ staff, a micros cope system equipped as follows: 
(A)    Have a stereo zoom microscope with a low magnification of 25x or less, and a high magnification of at least 60x. The microscope must also be equipped with a ring-light for illumination and with polarizing filters to aid in reflection control. 
(B) Have a digital camera with the ability to capture digital images sufficient to adequately document the markings made on the cartridge cases by the microstamp. 
(2)  For the firing test: 
(A)    Fire 100 rounds through a semiautomatic pistol, stopping for 5 to 10 minutes after the first 50 rounds have been fired to allow the weapon to cool, and stopping as needed to refill the empty magazine to capacity before continuing. After the 100 rounds have been fired, tighten any loose screws and clean the gun in accordance 
with the manufacturer's instructions. 
(B) Fire 100 rounds through a revolver, stopping for 5 to 10 minutes after the first 
50 rounds have been fired to allow the weapon to cool, and stopping as needed to refill the empty cylinder to capacity before continuing. After the 100 rounds have been fired, tighten any loose screws and clean the gun in accordance with the manufacturer's instructions. 
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 (C)    Demonstrate the method to be used to determine whether the re is any crack or 
breakage of an operating part of the handgun that increases the risk of injury to the 
user as set forth in Penal Code section 31905, subdivision (c)(2). 
(3)    For the drop tests: 
(A) Have the following testing equipment available for inspection by DOJ staff: 
(i) (A) a drop test fixture capable of dropping a handgun from a drop height of 1 
m + 1 cm - 0 cm (39.4 in. + 0.4 in. - 0 in.). 
(i)    Demonstrate that the drop test fixture is in proper working order by 
dropping an object of the approximate size and weight of a handgun from the fixture. The object shall drop and come to rest without interference on or near the required concrete slab which shall rest upon a firm surface. 
(ii)    Demonstrate the ability to position a handgun in the drop fixture at the 
required drop height and in each of the six drop positions identified in Penal Code section 31900. 
(ii) (B) a height gauge capable of measuring the required drop height. 
(iii) (C) one or more concrete slabs with minimum dimensions of 7.5 X 15 X 15 cm 
(3 X 6 X 6 in.). 
(B) Demonstrate that the drop test fixture is in proper working order by dropping an object of the approximate size and weight of a handgun from the fixture. The object 
shall drop and come to rest without interference on or near the required concrete slab which shall rest upon a firm surface. 
(C)    Demonstrate the ability to position a handgun in the drop fixture at the required 
drop height and in each of the six drop positions identified in Penal Code section 31900. 
(c) (d) The handguns and ammunition used during the demonstration shall be supplied by the 
applicant laboratory. The DOJ reserves the right to supply the handguns and ammunition used during the demonstration. 
Note: Authority cited: Sections 16380, 16900, 17140, 31900, 31900, 31905, 31910, and 32010 
and 32030, Penal Code. Reference: Sections 16380, 16900, 17140, 26525, 26700, 26710, 31910 
and 32010, and 32030, Penal Code. 
§ 4053. Grounds for Denial. 
(a)    An initial application for DOJ -Certification shall be denied if the applicant laboratory: 
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 (1)    Makes false statements on the application. 
(2)    Fails to meet the security requirements identified in section 4057, subdivision (a)( 1) 
of these regulations. (3) Is wholly or partly owned by, a part of, financed by, or in any other way financially 
supported by any manufacturer/importer, wholesaler, distributor, or dealer of handguns. As used in this subdivision, financial support does not apply to situations wherein an applicant laboratory is itself a federal firearms licensee or where the laboratory provides testing 
services to a manufacturer/importer, wholesaler, distributor, or dealer of handguns. 
(4)    Fails to demonstrate the ability to conduct the required testing in an impartial, 
technically sound manner as set forth in of section 4052, subdivision (b) of these regulations, including having and using the equipment required by subdivision (b)(1) of 
that section. 
(5)    Fails to obtain and maintain the required COE (s). 
(6)    Fails to obtain and maintain the required FFL(s). (6) (7) Fails to comply with any required local, state, and/or federal laws and/or licensing 
requirements relating to handgun testing. 
(7) (8) Has any present or planned contractual, organizational, employment or other 
financial involvement and/or relationship (spouse(s), children, sibling(s), parent(s), or in-
law(s)) with any manufacturer/importer, wholesaler, distributor, or dealer of handguns. This shall also apply to any employee(s) directly involved in handgun testing, owner(s), shareholder(s), partner(s), officer(s), and/or director(s) of the applicant laboratory who has any such involvement or relationship. 
(8) (9) Is currently , or p lans to be, a manufacturer/importer, wholesaler, distributor, or 
dealer of handguns. This shall also apply to any employee(s) directly involved in handgun 
testing, owner(s), shareholder(s), partner(s), officer(s), and/or director(s) of the applicant labora tory. 
(9) (10) Has a present or planned direct, indirect, and/or beneficial interest aggregating 
$1,000 or more in any entity that is a manufacturer/importer, wholesaler, distributor, or dealer of handguns. This shall also apply to any employee(s) directly involved in handgun testing, owner(s), shareholder(s), partner(s), officer(s), and/or director(s) of the applicant laboratory. 
(b) If the DOJ denies an application for DOJ- Certification, a Notice of Denial will be provided 
to the applicant laboratory. The Notice shall specify all grounds on which the denial is based. 
(c)    An applicant laboratory that has been served with a Notice of Denial may request a hearing. 
The written request must be received by the DOJ no later than 20 days from the date of service 
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 of the Notice of Denial. If a hearing is requested, it will be conducted in accordance with the 
Administrative Procedure Act, Government Code section 11500 et seq. Failure to make a written request for a hearing within the time specified above con stitutes a waiver of the right to a 
hearing. If this failure occurs, or if the applicant laboratory withdraws its appeal, the denial shall be final. 
Note: Authority cited: Section 32010, Penal Code. Reference: Sections 16380, 16850, 16900, 
17140, 25610, 26525, 26700, 26710, 31900, 31905, 31910 and 32010, Penal Code; and Sections 11500, 11501, 11502, 11503, 11504, 11504.5, 11506, 11507, 11507.3, 11507.5, 11507.6, 11507.7, 11508, 11509, 11511, 11511.5, 11511.7, 11512, 11513, 11514, 11515, 11516, 11517, 11518, 11518.5, 11519, 11519.1, 11520, 11521, 11522, 11523, 11524, 11526, 11527, 11528 and 11529, Government Code. 
Article 4. Operational Requirements: Absence of Conflict of Interest; Security and 
Safety Requirements; Licensing/Minimum Standards Compliance; Which Handguns Must be Tested, Who May Submit Handguns, Submission Requirements; Testing Procedures; Test Reporting; Required Records, Retention Periods, 
Reporting Changes; off -Site Locations; Inspections 
§ 4057. Security and Safety. 
(a) The DOJ -Certifi ed Laboratory shall have written security procedures if handguns are to be 
stored and/or transported by the DOJ-Certified Laboratory. DOJ- Certified Laboratory staff shall 
be informed of these written procedures which shall be available upon request, and include all of 
the following: 
(1) The handgun(s) shall be stored unloaded in a safe or a secure room which shall be 
locked while unattended, and shall meet all of the following requirements: 
(A) A safe in use by a DOJ -Certified Laboratory prior to July 1, 2018 shall be 
certified to/listed as meeting Underwriters Laboratories Residential Security Container rating standards by a Nationally Recognized Testing Laboratory (NRTL). All safes to be purchased by a DOJ -Certified Laboratory after July 1, 2018 shall be 
certified to/listed as meeting Underwriters Laboratories Standards for Antitheft 
Alarms and Devices under 1037 Sixth Edition standards by a NRTL dated September 
15, 2017, section 7 Enclosures. Copies can be obtained by contacting COMM-2000, 151 Eastern Avenue, Bensenville, Illinois 60106, telephone number 1 (888) 853-3503, or on the Internet: www.shopulstandards.com , or are available for inspection at 
the Department of Justice, Bureau of F irearms , or the California State Archives at the 
Secretary of State, 1020 “O” Street, Sacramento, California 95814. 
(B) A secure room shall be away from any general living or work area. All doors 
leading into a secure storage room shall be solid core with a dead -bolt lock or the 
equivalent, or the handgun(s) shall be stored in an anchored, locked metal box in the 
room. Anchored is defined as either permanently mounted to the floor or having a gross weight of 1,000 pounds or more so that heavy equipment or tools would be 
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 required to remove the box. Any secure storage room with direct entries, including 
windows and skylights, from the exterior of the building shall have: steel window guards (not recommended for private residences); an audible, silent or sonic alarm to 
detect entry; or a 24 -hour security guard service. 
(2) If the handgun(s) will be stored at a location different from the principal place of 
business, or at the applicant's residence and that residence is rented/leased, the applicant shall submit to the DOJ written approval from the owner and the location shall meet all 
security requirements. 
(3)    Ammunition shall be stored separately from the handguns in a secure  room
 , cabinet or  
box which shall be locked while unattended.  
(4)    When transporting a   handgun for delivery to an authorized recipient or off- site testing  
location, the handgun shall be transported as required by  California  Penal Code sections  
16850 and 25610, or as required by any  applicable federal, state, and/or local  statute and/or  
ordinance if outside of California.  
(5)    Any handgun not actively being tested shall be locked in the safe or the secure room  
or box. Upon receipt, a handgun shall be placed in the laboratory's safe or the secure room  
or box until  testing  is commenced. Any handgun to be shipped from the laboratory shall be  
kept in the safe or secure  room or locked metal box until arrival of the person authorized to 
receive the handgun or until laboratory personnel  are prepared to transport  the handgun for  
delivery to an authorized recipient.  
(6)    Any handgun that is lost or stolen shall be reported within ten (10) working days to 
the submitting manufacturer/importer, local law enforcement agency, an d DOJ. Any lost or  
stolen handgun shall be reported to the DOJ on a  DOJ-Certified Laboratory  Theft Report  
(Handguns) , Form BOF 022 (  Orig. 07/2018), hereby incorporated by  reference.  The DOJ -
Certified Laboratory shall maintain the following records relating to any such handguns:  
the type, make, model, caliber, barrel length, category, and serial number  of the lost/stolen 
handgun; the date of the loss/theft; the date the loss/theft was reported to the submitting  
manufacturer/importer, local law enforcement, and DOJ; and any case/report number(s)  
assigned by the l ocal law enforcement agency to the loss/theft. The DOJ- Certified  
Laboratory shall maintain these records for  at least ten (10)  years.  
(b)    The DOJ -Certified Laboratory shall at all times ensure that:  
(1)    All persons conducting, supervising and/or observing handgun testing under this  
program have and use personal safety  equipment that meets or exceeds  applicable current  
federal, state and/or local standards and the  requirements of any occupational and/or  
industrial safety agency  having jurisdiction over the laboratory  and its activities.  
(2)    The design and operation of the laboratory's  facilities meet or exceed applicable  
current federal, state and/or local standards  and/or  requirements.  
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 (3)    Laboratory testing staff are familiar with and exerci se safe firearms handling and 
operational practices  as defined in all applicable federal, state,  and/or local laws.  
(4)    The following warning in block letters not less than one inch in height is  
conspicuously posted within all areas where drop testing  is performed:  
“NO AMMUNITION SHALL BE PRESENT IN OR AROUND THIS DROP TESTING AREA 
OR IN THE POSSESSION OF ANY PERSONNEL ACTIVELY ENGAGED IN CONDUCTING DROP TESTS.” 
Note: Authority cited: Section 32010, Penal Code. Reference: Sections 16850, 25610 and 32010, 
Penal Code. 
§ 4060. Testing Procedures. 
(a)    The only persons allowed to conduct handgun testing are authorized staff of the DOJ-
Certified Laboratory. In addition to this staff, non DOJ- Certified Laboratory staff  members  
located at the off site locat ion,  representatives of the manufacturer/importer and/or the DOJ shall  
be allowed to be present  during testing. Any such representative(s) shall not participate in the  
testing. However, if deemed necessary by the staff of the DOJ -Certified Laboratory, 
representative(s) of the manufacturer/importer may be asked to provide advice and/or  guidance 
regarding the  characteristics, handling, and/or operation of the handgun.  
(b)    Prior to beginning the required testing the  DOJ- Certified Laboratory shall determine  
whether the safety device described in Penal Code  section 31910(a)(1) or  (b)(1) is present.  
(1)    If the  DOJ-Certified Laboratory needs  guidance in making this determination, the  
information required by section 4059, subdivision (d) of these  regulations  should be  
consulted. If the DOJ- Certified  Laboratory is still not able to make this determination, they  
should contact the manufacturer/importer for  additional information. Any  additional  
information received from the manufacturer/importer shall be includ ed with the  
information submitted pursuant to section 4059, subdivision (d) of these regulations.  
(2)    If a DOJ -Certified  Laboratory is still uncertain whether  a positive manually operated  
safety device is present on a pistol even after it receives addi tional information, the firing  
and drop tests should be  performed. If the pistol passes these tests, the laboratory should 
submit the pistol to  the DOJ with a letter explaining the steps taken to determine whether  
the positive manually operated safety devi ce is present. The laboratory must indicate its  
preliminary decision regarding the positive manually operated safety device. The letter  
should also include any information that would support the position taken by  the  
laboratory. This includes  a description  of the positive manually operated safety device(s)  
incorporated into the pistol's design and an explanation of how this design replicates the  
positive manually operated safety device of  a pistol design that has  already been  
determined to meet the standard s promulgated by the ATF. The DOJ will use this  
information to determine whether the pistol can be sold in California.  
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 (c)(1)         Commencing May 22, 2006, the DOJ-Certified Laboratory shall conduct the required 
testing of a center -fire semiautomatic pistol only after ascertaining the firearm has a functioning 
chamber load indicator or a functioning magazine disconnect mechanism. 
(2)    Commencing January 1, 2007, the DOJ-Certified Laboratory shall conduct the  
required testing of  a center -fire semiautomatic pistol which accepts a detachable magazine 
only after ascertaining the firearm has both a functioning chamber load indicator and a  
functioning magazine disconnect mechanism.  
(3)    Commencing May  22, 2006, the DOJ- Certified  Laboratory shall conduct  the required 
testing of a  rim-fire semiautomatic pistol which accepts a detachable magazine only  after  
ascertaining the firearm  has a functioning magazine disconnect mechanism.   
(4)    On or  after January  1, 2010, upon DOJ's certification that the micros tamping  
technology described in Penal Code section 31910, subdivision (b)(7) is available to more  
than one manufacturer unencumbered by any patent restrictions, the DOJ- Certified  
Laboratory shall verify that every semiautomatic pistol complies with the  microstamping  
requirement for semiautomatic pistols set forth in Penal Code section 31910, subdivision (b)(7) by  following the procedures set forth in subdivisions (e), (  g), and (h) of this section.  
(d)(1)         A functioning chamber load indicator must meet all of the following conditions: 
(A)    Explanatory text and/or graphics either incorporated within the chamber load indicator or adjacent to the chamber load indicator is/are permanently displayed by  
engraving, stamping, etching, molding, casting, or  other means of permanent  
marking.  
(B)    Each letter of explanatory text must have a minimum height of 1/16 inch.  
(C)    The explanatory text and/or graphics shall be of a distinct visual contrast to that  
of the firearm.  
(D)    The  “loaded” indication, that portion of the chamber load indicator that visually  
indicates there is a  round in the chamber, shall be  of a distinct color contrast to the  
firearm.  
(E)    Only when there is  a round in the chamber, the “loaded” indication is visible on 
the firearm from a distance of at least twenty -four inches. When there is no round in 
the chamber, the “loaded” indication must not be visible.  
(F)    The text and/or graphics and the “loaded” indication together inform  a  
reasonably foreseeable  adult user of the pistol that a round is in the chamber, without  
requiring the user to refer to a user's manual or  any other resource other than the  
pistol itself.  
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 (2)    A functioning magazine disconnect mechanism must prevent the ammunition primer  
from being struck with a  pull of the trigger or attempted pull of the trigger  whenever a  
detachable magazine is not inserted in the pistol.  
(e)     Prior to conducting the “firing requirements  for handguns” test of a semiautomatic pistol  
required by Penal Code section 31905, the DOJ- Certified  Laboratory shall  fire each handgun of  
that make and model of semiautomatic pistol two times. After firing the pistol two times, the  
DOJ-Certified  Laboratory  shall collect the two cartridge casings expended  from that pistol, store  
the casings in  a container labeled with the FIN of the pistol from which they  were  expended,  and 
indicating  indicate  that the two cartridges were expended immediately preceding the  firing test,  
and retain the casings for possible later analysis. The cartridge casings shall be analyzed pursuant  
to the procedures set forth in subdivision (h) of this section only upon successful completion of  
the “firing requirements for handguns” test of the semiautomatic pistol.  
(f) The  “firing requirement for handguns” is the first t est to be undertaken by the DOJ -
Certified Laboratory. The firing test shall be conducted in the manner prescribed in Penal Code  
section 31905,  and in accordance  with the following:  
(1)   For the purposes of  determining whether  a handgun passes the “firing  requirement for 
handguns,” “malfunction” includes any failure to  operate as designed , i ncluding the failure  
of a pistol's slide to remain open after  a manufacturer -approved magazine has been 
expended, provided that the handgun was designed by the manufacturer to remain open.  
(2)    If the manufacturer/importer markets  and/or recommends that the handgun model is  
designed to handle multiple cartridges, the standard ammunition used during the firing test  
shall be the more powerful marketed/recommended cartridge. However, the DOJ -Certified  
Laboratory shall not use any standard ammunition known to be beyond the  design limits  
of the handgun and/or known not to function in the handgun.  
(3)    If  a pistol has multiple chambers ,  the 600 rounds shall be evenly apportioned between 
the chambers.  
(4)  The DOJ -Certified Laboratory shall determine whether there is any  crack or breakage 
of an operating part of the handgun that increases  the risk of injury to the user, as set forth 
in Penal Code section 31905, subdivision (a)( 2).  
(5)   Should a handgun fail the “firing r  equirements for handguns” test, three handguns of  
that make and model must be re-submitted for the firing test. Handguns that do not pass  
the “firing requirements for h andguns” test may not be submitted for the “drop safety  
requirement for handguns” testing.  
(g)     As soon as possible after successful completion of the “firing requirements for handguns”  
test of a semiautomatic pistol, the DOJ -Certified Laboratory shall  fire each handgun of that make  
and model of semiautomatic pistol two additional times. After firing the pistol two additional 
times, the DOJ -Certified Laboratory shall collect the two cartridge casings  expended from that  
pistol and store the cartridges in  a  container labeled with the FIN of the pistol, indicating that the  
Page 12 of 51   
   
   
 
 
 
 
  
 
 
 two cartridges were expended immediately following the firing test, and keeping them separate 
and apart from the cartridge casings expended and collected from the same pistol prior to conducting the “firing requirements for handguns” test pursuant to subdivision (e) of this section. 
(h)      In order to verify compliance with the microstamping requirement for semiautomatic  
pistols set forth in Penal Code section 31910, subdivision (b)(7), the DOJ -Certified Laboratory  
shall use the following procedures  and criteria to examine the cartridge casings collected from 
each tested semiautomatic pistol (pursuant to subdivisions (e) and (g) of this section) to determine whether a FIN was transferred  by imprinting onto each cartridge  case when the pistol 
was fired.  
(1)   Using a stereo zoom microscope described in section 4052 of these regulations, the  
DOJ-Certified  Laboratory  shall examine each of the cartridge casings  collected prior to  
and after th e “firing r  equirements for handguns” test to verify that the pistol has  
transferred an imprint or  etching in at least two places on each cartridge casing. So long a  s  
the pistol's complete  FIN can be identified from the one or more etchings on each 
cartridg e  casing, the pistol will meet the microstamping requirements of Penal Code  
section 31910, subdivision (b)(7).  
(2)  The DOJ -Certified Laboratory shall take digital photographs  images  sufficient to  
adequately document the markings made on the cartridge cases by the microstamp.  
(3)  The DOJ -Certified Laboratory shall repeat the examination process described  above 
for each set of  cartridge casings expended from each tested pistol of that make and model  
of semiautomatic pistol.  If each  cartridge casing  from  each set of  expended  cartridge 
casings satisfies paragraph (1) above, then the DOJ -Certified  Laboratory shall certify that 
the model of semiautomatic pistol complies with the microstamping  requirement set forth  
in Penal Code section 31910, subdivision (b) (7).  
(i)      The “drop safety  requirement for handguns” is the last test to be undertaken by the DOJ-
Certified Laboratory. The drop tests shall be conducted in the manner prescribed in Penal Code  
section 31900,  and in accordance  with the following:  
(1)    The drop height of  1 m + 1 cm  - 0 cm (39.4 in. + 0.4 in. -  0 in.) shall be measured 
from the lowermost portion of the handgun as situated in the drop fixture to the top surface of the required  concrete slab. The required  concrete slab shall rest upon a firm  
surface and the  face of the slab shall be perpendicular to the direction of the drop. If  a  
handgun has an exposed hammer, the hammer shall be fully cocked during e  ach drop test. 
When dropped the handgun shall initially strike the face of the  required concrete slab  and  
then come to rest without interference.  
(2)    The primed cases used during the drop test shall be produced by the ammunition manufacturer of ,  and made from the same cases and primers as ,  the standard ammunition 
that is used during the  firing test as set forth in sections 4059, subdivision (e) and 4060, 
subdivision (e)(2) of these regulations.  
Page 13 of 51   
  
 
 
  
 
 
 
 
 (3)    If  a pistol has multiple chambers  and/or firing pins, the tests shall be conducted as  
follows. For each of the  drop tests a primed case  will be placed in each chamber.  If the 
hammer or firing pin alternates between chambers, the pistol will be dropped once for  
each hammer or firing pin position.  
(4)    Minimal damage, such as broken grips or sights, can and will occur  during the  
course of  the  drop testing. Damage  and/or breakage that affects the overall  dimensions of  
the handgun shall be repaired prior to continuing the drop tests. After each of the first five  
drop tests the DOJ-Certified Laboratory shall determine whether the handgun has  been  
rendered incapable of  firing a primed case prior to conducting the next drop test. If so, the  
handgun model shall either be repaired, or the test  shall be stopped and three new  
handguns must be submitted for testing beginning w  ith the “firing requirem ent for 
handguns.”  
(5)   After examining the  primed case(s) for indentations after each drop test, each primed 
case shall be  fired to determine whether the primer was functional. If not, the drop test  
shall be repeated with a new primed case(s). A new primed case(s) will be used for the 
next drop test.  
(6)   Should a handgun fail the “drop safety  requirement for handguns,” or  be found 
incapable of  firing a primed case, three new handguns of that make and model must be  
submitted for testing beginning with the “firing requirements for handguns” test.  
(j)     A DOJ representative may request and shall  be provided with spent or unspent rounds of  
and/or the packaging for  the standard ammunition that is being used for firing tests. A DOJ  
representative may also  request ,  and shall be provided with,  the packaging f  or  and/or  used or  
unused primed cases that are being used for drop tests.  
(k)     The same three handguns that pass the  “firing requirements for handguns” test must also 
pass the “drop safety  requirement for handguns”  before that make and model can be  considered 
for certification.  
(l)  The DOJ -Certified Laboratory shall report a  handgun to the  DOJ as “not unsafe” only if it  
has passed the required testing, has been found to comply with the  microstamping requirement 
for semiautomatic pistols pursuant to subdivision (h) of these regulations, if applicable, and the  
laboratory has  confirmed that any  chamber load indicator and/or magazine disconnect identified 
pursuant to subdivisions  (c) and (d)  of this section continues to function upon completion of the  
required testing.  
Note: Authority cited: Sections 16380, 16900, 17140, 31900, 31905, 31910 and 32010, Penal Code. Reference: Sections 16380, 16900, 17140, 31900, 31905, 31910, 32000, 32005, 32010, 32015, 32020, 32025 and 32030, Penal Code. 
§ 4061. Test Reporting. 
(a)     If a handgun model is certified as having passed the required testing, the DOJ -Certified  
Laboratory shall submit to the DOJ a completed Compliance Test Report  (Handguns) , Form  
Page 14 of 51   
  
 
 
 
 BOF 021 (Rev. 01/2012  07/2018), hereby incorporated by reference,  and one of the tested 
handguns in accordance  with Penal Code section 32010, all expended casings collected from that  
one pistol pursuant to section 4060, subdivisions (e) and (g) of these regulations, digital images  
of all expended casings taken pursuant  to subdivision (h) of section 4060 of these regulations, 
one (1) digital  image  of the left side of the handgun, one (1) digital  image  of th e right side of the  
handgun,  and digital image (s)  depicting the serial  number, make, and model;  and all photographs  
of expended casings taken pursuant to subdivision (h) of section 4060 of these regulations.  If  
these markings of the serial number, make, and model are not close to each other up to three (3)  
digital images  may be necessary to document the  markings.  The Compliance Test Report  
(Handguns)  shall be on Form BOF 021 (Rev. 01/2012  07/2018)  which shall  require all of the 
information identified in subdivision (a) of section 4062 of these regulations, and  be signed by  
the person authorized to sign on behalf of the  DOJ -Certified  Laboratory. The DOJ will allow  
DOJ-Certified Laboratories to develop and use  automated formats for the Compliance Test  
Report  (Handguns)  provided the proposed format  presents the information in the same order  and 
with the same wording as Form  BOF 021 (Rev. 01/2012  07/2018).  
(b)    For any handgun that fail s  any test, the laboratory shall complete the  Compliance Test  
Report (Handguns), Form BOF 021  (Rev. 07/2018).  The reason(s) for failure shall  be 
documented. The  following digital images  of the handgun  shall be attached  to the Form  BOF 021  
(Rev. 07/2018):  one (1)  overall  digital image  of the left side of the handgun, one (1) overall  
digital image  of the  right  side of the handgun, and digital images  depicting the serial number, 
make and m odel;  if these markings  are not close to each other up to three  (3)  digital images  may 
be necessary to document the markings. In compliance with section 4060 (h) of these regulations  
digital images  of the fired casings shall be attached to the Compliance Test Report (Handguns), 
Form BOF 021 (Rev. 07/2018).    
(b)(c)     The Compliance Test Report  (Handguns),  Form BOF 021 (Rev. 07/2018),  shall be 
submitted by the DOJ -Certified Laboratory within ten (10) working days of  the completion of  
the testing. Failure to submit the required  Compliance Test Report  form  to the DOJ within the  
time frame identified  above shall not invalidate the results  of the testing. However, the  DOJ-
Certified Laboratory may be subject to inspection by the DOJ to determine whether  grounds  
exist to revoke the DOJ- Certification.   
(c)(d)     Manufacturers/Importers are prohibited from placing a  ny statement on the handgun 
itself, the labeling,  and/or accompanying user information that in any way states, implies, and/or  
otherwise suggests that the model has been determined not to be unsafe until such time as the  
model has successfully completed testing at a DOJ -Certified Lab oratory, and a letter of  
compliance for the model tested has been issued to the manufacturer by the DOJ. At that time,  
the manufacturer/importer may place the following statement in the  required user information:  
“The manufacturer/importer certifies that this model of handgun has been tested and has been 
determined not to be an unsafe handgun as defined in California Penal Code section 31910.”  
Note: Authority cited: Section 32010, Penal Code. Reference: Sections  16380, 16900, 17140, 
31900, 31905, 32005, 32010, 32015, 32020, 32025 and 32030, Penal Code.  
§ 4062. Required Records, Retention Periods, Reporting Changes. 
Page 15 of 51   
  
 
 
 
 
 
   
 
 
 (a)    The DOJ -Certified  Laboratory shall for a minimum of five (5)  years from the date of the  
Compliance Test Report  (Handguns), Form BOF 021 (Rev. 07/2018),  maintain sufficient records  
to support the results of any and all such reports. The information required to be recorded, 
reported, and maintained is:  
(1)    The name and address of the DOJ-Certified Laboratory that  conducted the test and t he 
name of the person who should be contacted if there are  any questions regarding the testing  
and/or the report.  
(2)    The name and address of the manufacturer/importer which submitted the handgun model for testing. If the  DOJ submitted the model, this  shall be noted in the records.  
(3)    The date and location of the testing. This includes any  off-site  equipment and/or  
facilities that are used during any  portion of the testing.  
(4)    A unique reference  number/identifier issued by the DOJ- Certified La boratory for the  
testing.  
(5)    The type  (pistol or revolver), make, model, caliber, barrel length, construction 
material, and serial numbers of all handguns that  were tested. This includes “replacement” 
handguns  as allowed by  Penal Code section 31905, subdivision (b) and section 4060, 
subdivision (f)(4) of these regulations. The serial  number of the handgun which was  
submitted to the DOJ shall also be identified.  
(6)    The manufacturer, cartridge, caliber, bullet  weight  and type, and the  lot number of  the 
standard ammunition that was used during the firing test.  
(7)    The manufacturer of the case and primer for  the primed cases that were used during  
the drop test.  
(8)    Whether the required safety device was present or any information supporting the  
preliminary determination regarding the required  safety device.  
(9)    Statement confirming the presence of  any chamber load indicator and/or magazine 
disconnect required pursuant to Penal Code sections 16380, 16900, 17140, 31910, subdivision (b), and section 4060, subdivisions (c), (d), and (h) of these  regulations.  
(10)    The results of each phase of the  following r  equired testing: the initial 20 rounds; the  
entire 600 rounds; the normal firing position, barrel horizontal drop; the upside down, barrel  horizontal drop; the on grip, barrel vertical  drop; the on muzzle, barrel vertical drop;  
the on either side, barrel  horizontal drop; and the exposed hammer/rearmost point of the  
device or handgun drop.  
(11)    The date the Compliance Test Report was  subm itted to the DOJ.  
Page 16 of 51   
  
 
 
 
  
  
 
 
 
 
 (12)    A certification signed under penalty of perjury that standard ammunition was used 
during the  firing test and that, if applicable, it was  the more powerful cartridge  
marketed/recommended  by the manufacturer/importer.  
(13)    The  results of the examination of all expended cartridge casings  collected pursuant  
to section 4060, subdivisions (e) and (g) of these regulations and examined pursuant to subdivision (h) of section 4060 of these regulations.  
(b)    The following records shal l also be maintained by  all DOJ -Certified Laboratories:  
(1)    A listing of  any and all off -site locations that have been reported to the DOJ, and are  
or may be used by the  DOJ-Certified Laboratory  for handgun testing.  
(2)    A current agreement or cont ract for any 24 hour security  guard system that is used to 
comply with section 4057, subdivision (a)(1)(B) of these regulations.  
(3)    A listing of  all current employees who are directly involved in handgun testing as  
well as the COE number  for those  employees  who possess a COE.  
(4)    Records  relating to the current ownership of  the laboratory.  
(c)    The DOJ -Certified Laboratory may  record and maintain any other handgun testing records  
it deems necessary.  
(d)  The DOJ -Certified Laboratory shall report within ten (10) working days any  changes:  
(1)     In the ownership, involvements, relationships, license prohibitions, and/or interests  
identified in section 4056 of these regulations and ensure that any such change  would not  
constitute grounds for  denial of an Application for  DOJ - Laboratory  Certification  
(Handgun Testing), Form BOF 019 (Rev. 01/2012  07/2018), hereby incorporated by  
reference .  
(2)     Involving: management personnel, handgun testing supervisor(s) and/or personnel, 
persons authorized t  o sign Compliance Test Reports, person(s) who hold COE(s); and/or  
the handgun testing e  quipment and/or facilities of the laboratory.  
Note: Authority cited: Sections  16380, 16900, 17140,  31910, 32005 and 32010, Penal Code. 
Reference: Sections  16380, 16900, 17140, 23515, 29800, 29805, 29815, 29820, 29825, 29900, 
31900, 31905, 31910, 32000, 32005, 32010, 32015, 32020, 32025 and 32030, Penal Code.  
§ 4063. Off- Site Location. 
(a)    A DOJ -Certified Laboratory shall not be allowed to utilize any handgun testing  equipment  
and/or facilities that are physically situated  at a location other than the primary business address  
of the laboratory unless all of the following conditions are met:  
Page 17 of 51   
         (1)    The off- site location is not more than 100 miles from the  primary  business address.  
 
 (2)    Th
e DOJ -Certified Laboratory provides the following information to the DOJ prior to 
beginning any testing at the off- site location: the name of the facility/owner, telephone  
number, physical address of the location; and the type of equipment and/or  facilities to be  
used and/or the testing to be performed at each location.  
 
 
 
 
 
  
 
 
 
 
  
 (b)     Notwithstanding subdivision (a) of this section, if more than one off- site location is needed  
for testing purposes, the  applicant or DOJ- Certifie d Laboratory must submit a completed 
Request to Utilize an Additional Off -Site Location  (Handgun Testing), Form BOF 020 (Rev. 
01/2012  07/2018) , hereby  incorporated by  reference,  for  each such location. As set forth in 
section 4065, subdivision (b)(4) of  these regulations, the DOJ-Certified Laboratory shall pay the  
actual reasonable  costs incurred by the DOJ during an on-site inspection of the location.  
(c)    The  DOJ reserves the right to prohibit a DOJ-Certified Laboratory from conducting  
handgun tests  at an off -site location if the results of any such testing could not be rendered fairly, 
impartially, and independent of any manufacturer, importer or other  entity  which has any direct  
and/or indirect economic interest in the results of the testing.  
Note: Authori
ty cited: Section 32010, Penal Code. Reference: Sections 31900, 31905 and 32010, 
Penal Code. 
Article 5. Application Fees 
§ 4065. Application Fees. 
(a)     Pursuant to Penal  Code sections 32010, subdivision (b), and 32015 through 32025, the  
DOJ shal l recover the full costs of laboratory certifications and renewals.  
(b)     Standard Fees  Application Fees :  
(1)     Initial Application for  DOJ -Certification  Laboratory Certification (Handgun 
Testing) , Form BOF  019 (Rev. 01/2012  07/2018),  hereby  incorporated by  reference,  
including the costs of the pre- certification on -site inspection (staff salaries/wages, travel,  
lodging) as set forth in section 4052, subdivision (b) of these regulations: $1,600.  
(2)    Renewal  Application for  Laboratory Certification (Handgun Testing) , Form BOF 
019 (Rev. 07/2018), including the costs of one on- site inspection (travel and lodging)  
during the two-year term  of the certification, as set forth in section 4064 of these  
regulations: $800.  
(c)     Standard Inspection Fees:  
(2)    (1)  The actual  costs associated with the post- DOJ-Certification follow -up on- site  
compliance inspection(s) as set forth in section 4064, subdivision (b) of these regulations, 
not to exceed $1,500.  per DOJ employee.  
Page 18 of 51   
  
 
 
  
 
 
 
 
    
 
  
 
 (3)    Renewal Application  for DOJ -Certification, Form BOF 019 (Rev. 01/2012), 
including the costs of one on- site inspection (staff salaries/wages, travel,  lodging) during 
the two -year term of the  certification, as set forth in section 4064 of these regulations:  
$800.  
(4)    (2)  The  actual reasonable costs (staff salaries/wages, travel , lodging) incurred during  
the inspection of each additional off- site location, not to exceed the state per -diem in  
effect at the time of the inspection.  
Note: Authority cited: Section 32010, Penal  Code. Reference: Sections 31900, 31905,  and  
32010, 32015 and 32025,  Penal Code.  
Article 6. DOJ-Certification Revocation 
§ 4066. DOJ- Certification Revocation. 
(a)  A DOJ -Certification may be revoked. The following constitute grounds for revocation:  
(1)    Any act of  gross negligence.  
(2)    Repeated acts of negligence.  
(3)    Any violation of these regulations and/or any  applicable statute.  
(4)    Any of the  grounds  for denial stated in section 4053 of these regulations  
(5)    Refusal to particip ate in DOJ -initiated retesting or  reinstatement testing as prescribed  
in sections 4073 and 4074 of these regulations.  
(b)    Any revocation action will be conducted in accordance with the Administrative Procedure  
Act, Government Code sections 11500 et seq.  
(c)    Upon revocation the labor atory  will be removed from the r oster  a list  of DOJ -Certified  
Laboratories.  
(d)    Any failure to maintain an FF L or COE  shall be grounds for  a temporary suspension of the  
laboratory ’s  DOJ -certification, pending the  outcome of the revocation process under section (b).  
Note: Authority cited: Section 32010, Penal Code. Reference: Sections  26525, 26700,  31900, 
31905 and 32010, Penal  Code;  and Sections 11500, 11501, 11502, 11503, 11504, 11504.5, 
11506, 11507, 11507.3, 11507.5, 11507.6, 11507.7, 11508, 11509, 11511, 11511.5, 11511.7, 
11512, 11513, 11514, 11515, 11516, 11517, 11518, 11518.5, 11519, 11519.1, 11520, 11521, 11522, 11523, 11524, 11526, 11527, 11528 and 11529, Government Code.  
Article 7. DOJ-Certification Renewal: DOJ -Certification Renewal Procedures; 
DOJ-Certification After Expiration 
Page 19 of 51   
  
 
  
 
 
 
 
 
 
 
 
 § 4067. DOJ- Certification Renewal Procedures. 
A DOJ -Certification must be renewed prior to expiration in order to remain valid. The following 
is the procedure for DOJ- Certification renewal: 
(a)    The  DOJ will mail an application to each DOJ -Certified Laboratory  60 days prior to the  
expiration date of the DOJ- Certification.  
(b)  The DOJ -Certified Laboratory wishing to renew the DOJ -Certification shall submit to the  
DOJ an  Application for  DOJ-Certification  Laboratory Certification (Handgun Testing) , Form  
BOF 019 (Rev. 01/2012  07/2018),  hereby incorporated by reference,  with the renewal fee set  
forth in section 4065, subdivision (b)(3) of these  regulations.  
(c)    Once these requirements are met and the application has been processed, the DOJ will send  
a renewed DOJ -Certification.  
(d)     If  a laboratory fails  to comply with these renewal requirements, the DOJ -Certification shall 
expire by operati on of law at midnight on the expiration date stated on the  DOJ- Certification.  
Note: Authority cited: Section 32010, Penal Code. Reference: Sections  16380, 16850, 16900, 
17140, 23515, 25610, 29800, 29805, 29815, 29820, 29825, 29900,  31900, 31905, 31910, 32005, 
32010, 32015, 32020, 32025 and 32030, Penal Code.  
§ 4068. DOJ- Certification After Expiration. 
When a DOJ -Certification has expired and not been renewed prior to the stated expiration date, 
the person, firm, or  corporation shall make a new application to the DOJ on an Application for  
DOJ-Certification  Laboratory Certification (Handgun Testing) , Form BOF 019 (Rev. 01/2012  
07/2018), together with the initial application fee  set forth in section 4065, subdivision (b)(1) of  
these re gulations.  
Note: Authority cited: Section 32010, Penal Code. Reference: Sections 31900, 31905, 32000 and 
32010, Penal Code. 
Article  9. Roster of  Certified  Handguns  Certified for Sale; Roster of  Certified 
Handguns Certified for Sale  Listing Renewal Procedures  
§ 4070. Roster of  Certified  Handguns  Certified  for Sale .  
(a)    Within  ten (10)  30  days of the receipt of the  Compliance Test Report  (Handguns) , Form  
BOF 021 (Rev. 01/2012  07/2018),  hereby incorporated by reference,  and one prototype handgun, 
from the DOJ -Certified  Laboratory; and the receipt of the initial annual listing fee from the  
manufacturer/importer, the DOJ will determine whether the handgun is not unsafe and may be  
sold in California. After the determination  that the  model may be listed, the DOJ will add the  
handgun model to the Roster of  Certified  Handguns  Certified for Sale . The listing will be valid  
for one  year from the date the model was added to the Roster, and shall be renewed as set forth 
Page 20 of 51   
  
 
 
 
 
 
 
 
 
 
 in section 4071 of these regulations.  The listing will be valid during the  calendar  year in which 
payment was received, ending December 31 of that  year.  
(b)    Within ten (10)  30  days of the receipt of the  initial annual listing fee and a request from a  
manufacturer/importer to have a handgun model added to the Roster pursuant to Penal Code  
section 32030, the DOJ will determine whether the handgun model may be listed without testing.  
After the determination that the model may be listed, the DOJ will add the handgun model to the  
Roster. The listing will be valid for one  year  from  the date the model was added to the Roster, 
and shall be renewed as set forth in section 4071 of these regulations.  The listing will be valid  
during the  calendar  year in which payment was  received, ending December  31 of that  year.  
(c)    A handgun model  may be removed from the Roster for any of the following reasons:  
(1)     If the annual maintenance fee is  not paid as set forth in Penal Code section 32015, 
subdivision (b).  
(2)  (1)     If it is determined that the handgun models submitted for testing were modified in  
any  way from those that were sold after  certification was  granted.  
(3)  (2)     If it is  determined that the handgun is in fact unsafe based upon further testing.  
(3)     If the  annual maintenance fee is not paid as set forth in Penal Code section 32015, 
subdivision (b).  
(d)    A handgun model  may remain on the Roster after  a manufacturer/importer discontinues  
manufacturing/importing the model or goes out of business provided that all of the following  
requirements are met:  
(1)    Evidence is provided that the manufacturer/importer has either discontinued 
manufacturing/importing the handgun model or  gone out of business.  
(2)    The manufacturer/importer is no longer offering the handgun model to licensed firearms dealers.  
(3)    Either a  fully licensed wholesaler, distributor, or dealer submits a written request to 
continue the listing and ag rees to pay the annual  maintenance fee as set forth in section  
4072 of these regulations. The request shall be submitted to the DOJ stating that all of the  
above conditions have been met.  
(e)    A manufacturer/importer or other responsible party may submit a written request to list a  
handgun model that was  voluntarily discontinued or was removed for lack of payment of the  
annual maintenance fee.  The written request must state that no modifications have been made to  
the model and be submitted to the DOJ together  with the annual listing fee  as set forth in section 
4072 of these regulations. If approved, the listing  will be valid for one  year from the date the  
model was added to the  Roster,  the  listing will be valid during the  calendar  year in which  
payment was received ending December 31 of that  year,  and shall be renewed as set forth in  
section 4071 of these regulations.  To ensure compliance with Penal Code  section 32030 a  nd 
Page 21 of 51   
  
 
  
 
    
  
 
  
  these regulations  a  current sample of the previously approved handgun shall be provided to DOJ  
for verification. The sample handgun shall be retained by DOJ indefinitely.  
Note: Authority cited: Sections 32015 and 32030, Penal Code. Reference: Sections  16380, 
16900, 17140,  31900, 31905, 31910, 32000, 32005, 32010, 32015, 32020, 32025, 32030, 32100, 
32105 and 32110, Penal  Code.  
§ 4071. Roster of  Certified  Handguns Certified  for Sale ;  Listing Renewal Procedures.  
A handgun model listing on t  he Roster of  Certified  Handguns  Certified for Sale  must be renewed  
prior to expiration in order to remain valid. The following is the procedure  for renewal of  a  
listing:  
(a)    The  DOJ will mail a renewal notice to each  manufacturer/importer or other responsible  
person 60 days prior to the expiration of the handgun model listing.  
(b)    The manufacturer/importer or other  responsible person wishing to renew the listing shall  
submit to the DOJ a copy of the renewal notice with the annual maintenance fee set forth in  
section 4072 of these  regulations.  
(c)    Once these requirements are met and the request has been processed, the DOJ will  update  
the Roster of Handguns  Certified for Sale  on the  DOJ B ureau  of Firearms (B OF)  website.  send a 
notification that the listing has been renewed.  
(d)     If the manufacturer/importer or other responsible person fails to comply  with these  renewal  
requirements, the handgun model listing shall expire by operation of law at  midnight on the date  
of expiration of the listing and the model will be  removed from the Roster.  
Note: Authority cited: Sections 32015 and 32030, Penal Code. Reference: Sections  16380, 
16900, 17140,  31900, 31905, 31910, 32000, 32005, 32010, 32015, 32020, 32025, 32030, 32100, 
32105 and 32110, Penal  Code.  
Chapter 6 Certified Firearm Safety Device Laboratories, Firearm Safety 
Device Standards and Testing, and Standards for Gun Safes 
Article 2. Definition of Key Terms 
§ 4082. Definition of Key Terms. 
(a)  “ATF” means the United States Department of Justi ce, Bureau of  Alcohol, Tobacco, 
Firearms and Explosives.  
 
(b)  “DOJ-Cer tified  FSD  Laboratory” means a laboratory that has been  granted  FSD  Laboratory     
Certification by the DOJ.  
(c)  “COE” means  a Certificate of Eligibility issued by the DOJ pursuant to Penal Code section  
26710, subdivision (a) through (c)  and the regulations issued thereunder after a check of state  
Page 
22 of 51   
  
  
 
 
 
 
 
 
 
   and federal files has determined that at the time the check was performed, and based upon 
available information, the applicant was not a person who was prohibited from possessing firearms pursuant to state and federal laws. 
(d)  “Common household tools” means screwdrivers (8 to 10 inches in length, flathead (all 
sizes up to 5/8 inches) or  Phillips  phillips, flathead sizes up to 5/8 inches  (sizes up to 4  ), pipe  
wrenches (9 1/2 to 10 inches  in length), vice  grip pliers (9 1/2 to 10 inches in length), other pliers  
(9 1/2 to 10 inches arch joint, 6 to 6 1/2-inch slip joint, 6 to 6 1/2-inch long nose), hacksaws  
(12-inch standard carbon steel blade), crowbars (16- inch), electric/cordless  drills ( 1/3 
horsepower corded/9.6 volt cordless), hammers (16-ounce), chisels (1/4-inch to 1-inch blade  
width wood chisels), and  crescent wrenches (10 -inch)., a ball point pen body/shaft, a  zip tie  (at  
least 6 inches in length, up to ½ inch in width),  a metal shim  (8 to 10 inches in length),  a brad  
clip  (3 inches in length),  a plastic drinking  straw,  and a wire hanger .  
(e)    “Completed application” means a completed Application for  Laboratory Certification  
(Firearm Safety  Device  Testing )  Firearm Safety  Device Laboratory Certification , Form  BOF 
019A (Rev. 01/2012  07/2018),  hereby incorporated by reference,  including application copies of  
any  applicable licenses and/or certificates; any additional sheets of paper used to provide full and 
complete answers to questions on the application; and copies of the laboratory's written procedures relating to security  and prohibited persons.  
(f) “Compliance Test Report” means  a report completed by  a DOJ -Certified  Laboratory, 
Compliance Test Report  (Firearm Safety  Devices), Form BOF 021A (Rev. 07/2018), hereby  
incorporated by  reference,  after an FSD has met the requirements of Penal  Code section 23650 
and these regulations.  
(f)  (g)     “Corporation” means any entity  organized under Corporations Code section 102,   
subdivision (a) or similar statute if not a California corporation.  
(g)  (h)     “Day” means  a calendar day unless otherwise specified in these regulations.  
(h)  (i)     “Disabled” means defeating the FSD  thereby rendering the firearm  capable of firing  
(expelling a projectile by the force of an explosion or other form of combustion).  
(i)  (j)      “DOJ” means the California Department  of Justice.  
(j)  (k)     “DOJ -approved  FSD” means  an FSD that has been tested by  a DOJ -Certified  FSD  
Laboratory,  has been determined to meet the standards for  FSDs, and may  be sold in California  
pursuant to Penal Code section 23650.  
(k)  (l)     “Firearms manufacturer/importer” means  either a licensed manufacturer of domestically      
produced firearms or, if  one exists, a legal successor- in-interest or other person with the  consent  
of the manufacturer; and/or a federally licensed importer of foreign manufactured firearms.  
(l)    “FSD” means  a device that locks and is designed to prevent children and unauthorized  
users from firing  a firearm. The device may be installed on a firearm, be incorporated into  the 
design of  a firearm, or prevent access to the firearm.  
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 (m)     “Firearms Safety Device Compliance Test Report” means  a report completed by  a 
Certified FSD  Laboratory  after  an FSD has met the requirements of Penal  Code section 23650 
and these regulations.  
(m)    “Firing chamber” means  the chamber that is lined up with the firing pi  n or striker.  
(n)    “Firm” means  a business unit, enterprise, or  partnership of two or more persons, that is not  
recognized as a legal person distinct from the members comprising the entity.  
(o)    “FSD” means  a device that locks and is designed to prevent children and unauthorized  
users from firing a   firearm. The device may be installed on a firearm, be incorporated into the  
design of  a firearm, or prevent access to the firearm.  
(n)  (p)     “FSD manufacturer  or dealer” means either a manufacturer of  FSDs or a dealer of  
FSDs.  
(o)    “Firing chamber” means the chamber that is lined up with the firing pin or striker.  
(p)    “Firm” means  a business unit, enterprise, or  partnership of two or more persons, that is  not  
recognized as a legal person distinct from the members comprising the entity.   
(q)     “FSD  Laboratory Certification” means the DOJ certificate issued as  evidence of  
compliance with the DOJ laboratory certification requirements as set forth in these r egulations.  
(r)     “Keyway” means the opening in a locked cylinder that is shaped to accept a key bit or     
blade of a proper  configuration.  
(s)     “Local license” means any  regulatory  and/or  business license issued by  a  city, county, or    
other local  government agency.  
(t)    “Lock box” means  an FSD that fully  contains and encloses the  firearm(s).  
(t)  (u)     “Model” means the manufacturer's designation which uniquely identifies a specific 
design of  FSD.  
(u)  (v)     “Plug” means the part of  a cylinder which contains the keyway, with tumbler chambers     
usually corresponding to those within the cylinder  shell.  
(w)    “Primed Case” means  metallic containers that hold a live primer  without a  bullet and/or  
propellant powder.  
(v)  (x)     “Properly installed” means the  FSD is installed according to the instructions provided 
by    the FSD manufacturer or dealer.  
(w)  (y)     “Reasonable access” means that areas and/or items to be inspected by an  authorized 
DOJ employee  are  free from physical obstruction and/or other impediments that would make  
access difficult and/or unsafe.  
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 (x)  (z)     “Roster of  Approved  Firearm Safety  Devices  Certified for Sale ” means a DOJ list of all  
DOJ-approved FSDs. The  roster  Roster  shall list,  for each DOJ -approved FSD, the manufacturer, 
model number, model name, and other information deemed necessary by the DOJ to facilitate  
identifying that FSD.  
(y)    “Lock box” means an FSD that fully contains and encloses the  firearm(s).  
(aa) “Similar” means a firearm safety device listed on the Roster of Firearm Safety Devices 
Certified for Sale that was not subject to testing because it satisfied the requirements set forth in 
section 4093(c) of these regulations. 
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650,  and  
23655,  and 26710,  Penal Code.  
Article 3. Certified Firearm Safety Device Laboratories 
§ 4083.  Who Must be a  DOJ -Certified  Firearm Safety Device Laborator y.  
(a)     Any laboratory wishing to participate in the  California Firearm  Safety Device testing  
program  described in these regulations m ust first become a DOJ-Certified  FSD  Laboratory.  
(b)     Any proposed change in the ownership of five percent or more of  a  DOJ -Certified  FSD   
Laboratory  from that reported on the initial application shall require the submission  of an  
Application for  Laboratory Certification (Firearm Safety  Device  Testing ),  Firearm Safety Device 
Laboratory Certification  Form BOF 019A (Rev. 01/2012  07/2018),  hereby  incorporated by  
reference,  by the proposed ownership entity or owners. Written notification shall be made to the  
BOF within  10 days of the effective date of the change.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4084.  Application for  Firearm Safety  Device  Laboratory Certification.  
The DOJ shall accept completed applications from laboratories seeking  an FSD  Laboratory  
Certification. Application for certification  shall be made on an  Application for  Laboratory  
Certification (Firearm Safety  Device  Testing ),  Firearm Safety  Device Laboratory Certification  
Form BOF 019A (Rev. 01/2012  07/2018),  hereby incorporated  by reference.  which  shall include  
the following information:   
(a)    Laboratory information: name of applicant laboratory; physical and mailing addresses;  
telephone and fax numbers; local licensing a  uthority, business license number, and expiration 
date; the name of the local law enforcement agency  with jurisdiction over the laboratory; state  
corporation/partnership number and expiration date; federal firearms license number, t  ype, and 
expiration date (if licensed); business hours; e-mail address (if applicable);  and copi es of licenses  
and/or certificates identified on the application.   
(b)    COE holder information: name, title, COE number, and COE expiration date of any owner, 
chief executive officer, or person who possesses or has applied for a COE and who is authorized to sign compliance test reports.  
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 (c)    Ownership information: ownership structure; the name, title/relation to  
laboratory/percentage owned and/or controlled, address, telephone  and fax numbers, state  
corporation/partnership number and expiration date, and local business license number and 
expiration date of any owner that is not a natural person; and the name, title/relation to laboratory/percentage owned and/or controlled, address, and telephone number of each owner, partner, officer, director  and any  person who owns and/or exercises control of five percent or  
more of outstanding c  ommon stock; and if a corporation or partnership either original certified 
copies of the articles of incorporation or  a current  roster of  general  and limited partners.  
(d)    Facility management and testing supervision information: name and  title of the manager or  
director of the laboratory and/or unit of the laboratory that  will conduct FSD tests, the person(s)  
supervising F  SD tests (if  different  from the manager or director), and person(s) participating  
and/or performing F  SD tests (if different); a  copy  of the laboratory's security  procedures; the  
name, address, and telephone number of  any 24-hour security service or monitored alarm system  
that is employed by the laboratory, and a copy of  the contract  for services;  and a copy of the 
procedures for  ensuring that persons prohibited from possessing firearms  will not have access to 
firearms, and a description of the method to be used to identify any such persons.  
(e)    A signed certification regarding: possession of the required equipment (whether the  
laboratory will obtain the required  equipment at the time the application is submitted or at a later  
date); the maintenance  and calibration of that equipment; compliance with safety , design,  
operation, and licensing a  nd approval  requirements; the signature of the authorized 
representative; and the  county, state, and date of signature.  
(f) Off-site location information, if applicable: name of the owner; telephone number; physical 
address; and the testing to be performed and/or equipment to be used at the off- site location (if 
more than one off- site location is desired, the applicant must also complete a Request to Utilize 
an Additional Off- site Location Form BOF 020A (Rev. 01/2012. 
(g) Authorized representative information: name and title of the person who has the legal 
authority to sign the application and attest to the required matters on behalf of the applicant laboratory, signed certification of the authorized representative, the county, state, and date of signature, and statements of certification that the laboratory agrees to give complete and truthful answers to questions that are pertinent to the laboratory's ability to perform FSD tests and to comply with all applicable federal, state, and/or local laws and/or regulations that relate to laboratory certification or FSD testing. 
(h) A signed certification stating that the laboratory and/or owner is free from any conflicts of 
interest as defined by sectio n 4090 of these regulations; the signature of the authorized 
representative; and the county, state, and date of signature. (i) A signed certification ensuring: the notification to staff of laws relating to prohibitions 
against firearms possession, ensuring that prohibited persons do not have access to, come into 
contact with, and/or possess firearms; the laboratory obtaining and maintaining any required federal, state, and/or local licenses; and the laboratory complying with all applicable federal, state, and/or local laws and/or regulations; the signature of the authorized representative; and the 
county, state, and date of signature. 
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 Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650, and 
23655, and 26710, Penal Code. 
§ 4085. Pre-Certification Requirements. 
(a) One or more of the owner(s), chief executive officer(s), or person(s) with primary responsibility for the operation of the laboratory shall obtain and maintain a valid COE as a condition of obtaining and maintaining certification. 
(b) Once a completed application has been received, the DOJ shall schedule an on- site 
inspection of the applicant laboratory. During this inspection the applicant laboratory shall demonstrate its possession of all necessar y equipment and its ability to properly conduct all of 
the procedures and tests described in section 4095 of these regulations. 
(c)   Applicant laboratories and existing certification holders subject to renewal shall obtain and 
maintain a valid FFL as a condition of obtaining and maintaining certification. 
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650, and 
23655, 26525, 26700 and 26710, Penal Code. 
§ 4086. Grounds for Denial. 
(a) An initial Application for FSD Laboratory Certification (Firearm Safety Device Testing) 
shall be denied if the applicant laboratory: 
(1) Makes false statements on the application. 
(2) Fails to meet the security requirements identified in s ection 4091, subdivision (a) of 
these regulations. 
(3) Is wholly or partly owned by, a part of, financed by, or in any other way financially 
supported by any firearms and/or FSD manufacturer/importer, wholesaler, distributor, or 
dealer. As used in this subdivision, financial support does not apply to situations wherein an applicant laboratory is itself a federal firearms licensee or where the laboratory provides 
testing services to a firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. 
(4) Fails to demonstrate the abilit y to conduct the required testing as set forth in section 
4095 of these regulations in an impartial, technically sound manner. Failure includes not 
having and using the equipment required by said subdivision. 
(5) Fails to obtain and maintain the required COE(s). 
(6) Fails to obtain and maintain the required FFL(s). 
(6) (7) Fails to comply with any required local, state, and/or federal laws and/or licensing 
requirements relating to FSD testing. 
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 (7)   (8)   Has any present  or planned contractual, organizational, employment or other  
material  financial  involvement  interest in,  and/or relationship (spouse(s), childre n, 
sibling(s), parent(s), or in -law(s))  with ,  any firearms and/or FSD manufacturer/importer,  
wholesaler, distributor, or dealer. This  would  also  apply  applies  to any owner,  employee (s),  
shareholder, partner, officer, and/or director of the applicant laboratory who is  directly  
involved in FSD testing.,  owner(s), shareholder(s), partner(s), officer(s), and/or director(s) 
of the applicant laboratory  who has any such involvement or relationship.   
(8)   (9)    Is currently ,  or  plans to be,  a firearms and/or FSD manufacturer/importer,  
wholesaler, distributor, or dealer. This  would  also  apply  applies  to any  owner,  employee (s), 
shareholder, partner, officer, a  nd/or director of the applicant laboratory who is  directly  
involved in FSD testing., owner(s), shareholder(s), partner(s), officer(s), and/or director(s) 
of the applicant laboratory.   
(9)    (10)   Has a present or planned direct, indirect, and/or  beneficial interest aggregating  
$1,000 or more in any entity that is a firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. This would also apply to any  employee(s) directly  
involved in FSD testing, owner(s), shareholder(s), partner(s), officer(s), and/or director(s) of the applicant laboratory.  
(b)    If the  Department of Justice  (DOJ)  denies certification,  it  the DOJ  shall provide a notice of  
denial to the applicant laboratory. The notice will specify all  grounds on which the denial is  
based.  
(c)    An applicant laboratory that has been served with a notice of denial may  request  a hearing. 
The written request must be  received by the DOJ no later than  20 da ys from the date of service  
of the notice of denial. If  a hearing is requested, it  will be conducted in accordance  with 
Government Code section 11500 et seq. Failure to make a written request for a hearing within the  time specified above  constitutes a waiver of the right to a hearing.  If this occurs or if the  
applicant laboratory withdraws its appeal, the denial shall be final.   
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650,  and  
23655,  26525, 26700 and 26710,  Penal Code.  
Article 4. Operational Requirements, Firearm Safety Device Standards, Gun 
Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning 
§ 4090. Absence of Conflict of Interest. 
The DOJ -Certified  FSD  Laboratory shall at all times ensure that:  
(a)    It is not wholly or partly owned by, a part of, financed by, or in any other way  financially  
supported by  any firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. 
As used in this subdivision, financial support does not apply to situations wherein an applicant  
laboratory  is itself a federal firearms license e  or where the laboratory  provides testing services to 
a firearm and/or  FSD manufacturer/importer, wholesaler, distributor, or dealer.  
Page 28 of 51   
  
 
 
 
  
 
 
 
 
 (b)    No ne of the  owner,  employee (s), shareholder, partner, officer, and/or  director of the  
laboratory  directly involved in FSD testing, or  any parent, spouse, child, sibling, or in- law of  
such person  the owner(s), shareholder(s), partner(s), officer(s),  and/or director(s) of the Certified  
FSD  Laboratory  will:  
(1)    Have any contractual, organizational, employment or other  material  financial  
involvement  interest in  and/or relationship (spouse(s), children, sibling(s), parent(s), or in-
law(s))  with ,  any  firearms and/or FSD manufacturer/importer, wholesaler, distributor, or  
dealer.  
(2)    Be a firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer.  
(3)    Have any direct, indirect, or beneficial interest aggregating $1,000 or more in any  
entity that is a firearms and/or  FSD manufacturer/importer, wholesaler, distributor, or  
dealer.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4093. Firearm Safety Device Testing and Submission Requirements. 
(a)    Each FSD submitted for testing shall not be modified in any way from one of the same  
model that would be sold if certification is granted.  If it is determined by the DOJ that a DOJ -
approved FSD is modified in any way from those that are being sold after  certification has been 
granted, the DOJ will immediately  remove that model of FSD from the Roster of  Approved 
Firearm Safety Devices  Certified for Sale  and may  recall the  FSD pursuant to Penal Code section 
23680.  
(b)    Four  FSDs of  each  Each  FSD  model to be tested shall be submitted to the  DOJ -Certified  
FSD  Laboratory. A maximum of four  FSDs  are  Three of the devices are  to be utilized by the  
laboratory for testing pursuant to section 4095, subdivision (c)  4095.1  of these regulations., and 
the other device is to be  utilized for testing pursuant to section 4095, subdivisions (d) and (e) of  
these regulations and  FSDs  shall be  forwarded by the laboratory to the DOJ pursuant to section 
4096, subdivision (a) of these regulations. FSD manufacturers or  dealers may supply any 
information that they believe may be needed by the laboratory  for proper and safe operation of  
the FSD. The following information shall be provided in the English language  with each FSD  
model submitted for testing:  
(1)    The manufacturer’s  model name and model  number of the  FSD  shall be clearly  
visible on the interior or exterior of the FSD.   
(2)    A description of the FSD.  
(3)    A description  Instructions  of how the FSD is intended to function and how the user  
should install  and operate (activate/deactivate) the FSD.  The instructions shall be typed and 
not handwritten.   
(7)  The type, make, or model of firearm(s) for  which the FSD is designed.   
Page 29 of 51   
  
 
 
 
 
 
 
 
 
 
 
 
 (5)  B atteries shall be included if needed to operate the FSD .  
(c)    The  DOJ may approve an untested FSD and list that FSD on the Roster of  Approved  
Firearm Safety Devices  Certified for Sale  subject to all of the following:  
(1)    The DOJ shall review each FSD submitted pursuant to this subdivision on a case- by-
case basis  to determine whether or not a new test  will be required.  
(2)    A model of  FSD made by the same manufacturer must already be listed on the  Roster  
of  Firearm Safety  Device s Certified for Sale  Roster  and the device submitted for approval  
pursuant to this subdivision shall differ from the listed FSD in only the  following:  
(A)    Finish, including, but not limited to, color,  or  engraving , or silk screening.  
(B)    Any feature that does not in any  way alter the material or  functioning of   any of  
the components  of the  FSD. Dimensional changes  in an FSD may be  approved by the  
DOJ without additional testing on a  case- by-case basis when the dimensional changes  
do not alter the device's ability to operate in the same manner  demonstrated in the  
laboratory  including when the dimensional changes do not alter the size of the door  
and/or the locking bolts.  
(C)    Change in name or  model number without affecting the design or  function of  
the FSD.  
(3)    Any manufacturer seeking to have  an FSD approved under this subdivision shall  
provide the DOJ with all of the following:  
(A)    The manufacturer  model name and model number of the listed FSD.  
(B)    The manufacturer  model name and model number of each FSD the  
manufacturer seeks to have listed under this section.  
(C)    A statement, under  oath, that each unlisted FSD for which listing is sought  
differs from the listed FSD only in one or more of  the ways identified by this  
subdivision and is in all  other respects identical to the listed FSD.   
(D)   When submitting  a reque st  to list an  FSD  as  a similar,  the manufacturer shall  
utilize  a form prescribed  by DOJ , w hich shall be approved and signed by  an ow ner or  
CEO of the company. A  dditionally, an  owner  and/or CEO signing the form  shall 
submit wr itten proof that he or she is a  current owner or CEO of the company or  
corporation. The manufacturer shall include  with the form  digital images  of the FSD  
model that is currently on the  Roster of Firearm Safety Devices Certified  for Sale , 
which the manufacturer is relying on for the  approval, an d digital image (s) of the  
proposed similar device .  
(D)(E)  The DOJ may, at  its discretion and at any time, require a manufacturer to  
provide to the DOJ an example of any  FSD model for which listing is sought under  
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 this section, to determine whether the model complies with the requirements of this 
section. 
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650, 23655 
and 23680, Penal Code. 
§ 4094. Firearm Safety Device Standards. 
(a)    The  FSD sha ll be of a design that will not allow its removal or deactivation except by  
utilizing a key, combination, or other unique method as intended by the manufacturer to allow  
access only by  authorized users, within the standards set forth in these regulations.  
(1)    Combination locking systems shall have  a minimum of 1,000 possible unique  
combinations consisting of a minimum of three numbers, letters, or symbols per  
combination.  
(2)    Key locking systems shall be unique to the manufacturer's  FSD(s).  
(b)    The  FSD shall render the firearm inoperable  (unable to be fired) while the FSD is properly  
installed. The firearm shall be rendered inoperable  immediately upon installation and activation 
of the FSD. Lock box style FSDs (devices that fully  contain and encl ose the firearm) must  
prevent removal of, and access to, the enclosed firearm.  The laboratory  shall use smallest gun  
available for testing the lock box/fully enclosed FSD, pursuant to 4095(b)(12) of these  
regulations.   
(c)    An FSD shall function by at  least one of the  following methods:  
(1)    By blocking travel  of the trigger, striker, firing pin, or hammer.  
(2)    By preventing the  action or cylinder from closing.  
(3)    By preventing the chamber(s)  from accepting or holding a live cartridge.  
(4)    By preventing access to the firearm.  
(d)    When used in the manner designed and intended by the manufacturer, the FSD shall be   
capable of repeated use and shall pass the testing pr  ocedures described in these regulations.  
(e)    The FSD shall be capable of withstanding manipulation with common household tools, as  
described in section 4095 -  Testing Procedures, for an approximate ten -minute period without  
being disabled.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4095. Testing Procedures. 
The tests in this section are designed to replicate the forces that would be exerted on FSDs 
through the use of common household tools for an approximate ten-minute period. 
Page 31 of 51   
  
 
 
 
 
     
 
 
 
 
 
 
 (a)    The only persons allowed to conduct FSD testing are authorized staff  of the  DOJ -Certified  
FSD  Laboratory. In addition to this staff, representatives of the FSD manufacturer or dealer  
and/or the DOJ shall be allowed to be present during testing. Any such re presentative(s) shall not 
participate in the testing.  However, if deemed necessary by the staff of the laboratory,  
representative(s) of the FSD manufacturer or dealer may be asked to provide advice and/or  
guidance regarding the characteristics, handling, a nd/or operation of the  FSD.  
(b)    Each laboratory testing an FSD pursuant to these regulations must comply with the  
following test criteria relative to each  FSD tested:  
(1)  All tests shall be conducted within the following tolerances as applicable:  
(A)    Force: 0.5% of working range.  
(B) Height: +/ - 3mm (0.12 inches). 
(C)    Torque: 4.0% of reading.  
(D)    Weight: +/-  10 grams (.02 pounds).  
(2)    All tests shall be conducted at temperatures  between 16 and 27 degrees Celsius (61-81  
degrees  Fahrenheit).  
(3)    A tensile loading device having a load and force measuring capacity of 4,450 newtons  
(1,000 pounds force) shall be utilized for appropriate tests.  
(4)    The American Society for Testing and Materials Standard Performance Specificati on 
for Padlocks (ASTM) F883 -97  F883-13. Copies can be obtained by  contacting ASTM, 100 
Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania 19428-2959, 
telephone number 1 (877 ) 909-2786, or on the  Internet:  www.astm.org ,  and  are available 
for inspection at the Department of Justice, Bureau of Firearms, or the California State  
Archives at the Secretary of State, 1020 “O” Street, Sacramento, California 95814. is incorporated into these  regulations by reference. A shock impact fixture shall be  
constructed utilizing the same design as the shock impactor  fixture illustrated and detailed  
in said specification and  a shackle  cutting fixture  shall be constructed utilizing the same  
design as the shackle cutting fixture i llustrated and detailed in said specification.  
(5)    A mounting device  shall be fashioned and used to align and to support the FSD being  
tested on the mounting device when being subjected to required shock loads.  
(6)    The  FSD shall be properly install ed on  a firearm according to the manufacturer 's  
instructions unless otherwise stated in these regulations.  
(7)    FSDs may be tested when they are not installed on a firearm if it is determined by the  
test laboratory that the firearm would interfere with  the test equipment's  ability to  apply  
measurable  forces to the  FSD. Testing  an FSD  while it is not installed on a firearm is  
allowed only  when the measurable forces are applied to areas of the  FSD that would be  
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 exposed when the FSD is properly installed. F SDs shall be tested on a complete firearm 
whenever possible. 
(8)    The  FSD shall not be of a design to allow it to be disabled or removed from the  
firearm through the partial destruction of the firearm with common household tools. Partial  
destruction includes, but is not limited to, cutting an exposed trigger  guard or removing the  
hammer spur of the  firearm (if so equipped).    
(9)    Notwithstanding the FSD manufacturer's instructions, for each of the  tests, a primed 
case will be placed in the firing  chamber if the chamber can be closed. The primed case 
shall be produced by  an ammunition manufacturer  and consist of the same type of case and 
primer as standard ammunition recommended by the firearm manufacturer. With the FSD  
properly installed, the firea rm shall be rendered incapable of firing the primed case.  If the 
firearm discharges the primed case during  any of the tests, even if only capable of firing  
once and even if unsafe to do so, the device is deemed to have failed testing.  
(10)    Notwithstan ding the FSD manufacturer's instructions, for each test, the firearm shall  
be cocked, and the manual safety shall not be applied.  
(11)    All of the tests designated in  section 4095.1 subdivision (a)  subdivisions (c)(1)  
through (c)(5) of this section  shall be performed on a single  FSD. The tests  designated in 
section 4095.1 subdivision (b)  subdivision (c)(6) of this section  shall be performed on a  
separate single FSD. The test s  designated in section 4095.1 subdivision (c)  subdivisions  
(c)(7) through (c)(8)  of this section  shall be performed on a separate single FSD. The test  
designated in  section 4095.1 subdivision (d)  subdivision (d) or (e) of this section  shall be 
performed  on a separate single FSD.   
(1
2) All lock box type devices (devices designed to fully contain and enclose a firearm) 
shall be tested with a small handgun placed within the device. The small handgun shall be 
loaded with a primed case and be no greater than 5 inches (L) x 3 inches (H) x 1 1/4 inches (W)in size. The small handgun may be in addition to any other firearm(s) used in testing. 
Lock boxes designed to accommodate long guns must be tested with at least one long gun placed within the container in addition to the small handgun mentioned above. Lock boxes which cannot prevent the removal of, or access to discharging of, the firearm(s) contained 
within the device will be considered disabled. 
(13) Manipulation with a screwdriver, as described in these regulations, is to be applied 
only to the areas directly affected (weakened) by the proceeding test. 
(c) Each Certified FSD Laboratory shall perform all of the following tests on each FSD model 
submitted to the laboratory for testing pursuant to these regulations in an attempt to defeat the 
device, cause the firearm to function, or cause the loaded primed case to discharge: 
(1)     Picking or manipulating test (utilize a new FSD) (does not apply if test cannot be 
performed on the device). Cylinders in the FSD shall resist picking with the use of paper clips (jumbo size), paper clips (#1 size), and small screwdrivers that fit in the keyway for two minutes each. Time shall be counted only while tools are in contact with the lock. Combination locks shall resist manual manipulation for two minutes. Time shall be counted 
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 only while hands are manipulating the combination lock. This test shall be performed by a 
tester with no specialized training or skills in lock picking or manipulation (e.g. locksmith 
training or the use of reference guides on lock picking or manipulation). In the case of a key lock, failure occurs if the lock mechanism can be disengaged during six minutes of manipulation. In the case of a combination lock, failure occurs if the combination lock can be disengaged without the proper combination being entered during two minutes of manipulation. 
(2)    Forced removal inspection. Inspect the firearm and FSD to determine if the FSD is of 
such a design that it may not be disabled or removed from the firearm through two minutes 
of partial destruction of the firearm with common household tools. Partial destruction attacks s hall be limited to the firearm's trigger guard, hammer spur, or barrel. For example, 
an FSD that fully encloses the trigger guard of the firearm may pass this inspection, while an FSD that would allow a portion of the trigger guard to be sawed off to allow for removal 
of the FSD may fail this inspection. Failure occurs if inspection of the firearm and FSD indicates that the FSD may be disabled or removed through the partial destruction of the firearm as described in this subdivision. Failure also occurs if the firearm could be fired, even if unsafe to do so, as a result of the forced removal inspection. Attack by saw shall be performed in accordance with the specifications and limitations of the sawing test (included by reference). 
(3)   Tensile test (does not apply if test cannot be performed on the device). This test is 
designed to test the strength of the FSD utilizing a pulling action. Support the firearm and 
FSD in a fixture designed to enable application of forces in tension along a central axis of the mating locking components of the FSD. Apply 1,000 newtons (225 pounds force) of 
forces slowly along the central axis of the FSD locking components without interfering or giving support to either of the mating locking components of the FSD. For FSDs that have 
clamping components, specific fixtures may be required to allow application of the required force to the individual components. Failure occurs if the FSD is disabled or if the firearm is capable of firing during the test. For instance, if the FSD sepa rates far enough to 
allow for the discharge of the firearm while manipulating the trigger. 
(4)   Shock test (does not apply if test cannot be performed on the device). This test is 
designed to test the FSD and locking mechanism's ability to withstand shock. Using the shock impact fixture, drop a one-kilogram (2.2 pound) weight from a distance of one meter + one centimeter (39.4 inches + 0.4 inches) five times to the top of the FSD body aligned to impinge and penetrate the locking keyway or combination lock using a chucked blade- type 
tool (chucked blade-type tool should be crafted from the shank of a screwdriver with a 1/4 to 5/8-inch (0.63 to 1.6-centimeter) flathead end). Additionally, using the shock impact fixture, drop a one-kilogram (2.2 pound) weight from a distance of one meter (39.4 inches), five times to the top of the FSD body using a chucked steel rod tool. Failure occurs if the FSD is disabled by the shock test. Failure also occurs if following the shock test, subsequent manipulation of the FSD with an 8 to 10-inch (20.3 to 25.4- centimeter) long 
screwdriver with a 1/4 to 5/8 -inch (0.63 to 1.6- centimeter) flathead end for fifteen seconds 
allows the tester to discharge a primed case. 
(5)   Shackle or cable cutting test (does not apply if test can not be performed on the 
device). This test is designed to determine the FSD's resistance to cutting forces of 4,450 
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 newtons (1,000 pounds force) for solid metal shackles or with hand forces of 445 newtons 
(100 pounds force) for cables. The shackle of the FSD (if so equipped) shall withstand cutting through when blades made of steel, hardened to a minimum hardness of Rc 50, are used in conjunction with the blade positioning holders of the shackle cutting fixture. The shearing assembly must then be placed in a tensile loading device having a compression load capability and compressed with a force of 4,450 newtons (1,000 pounds force). See the ASTM F883-97 standard for details to build a shackle cutting fixture (this document is incorporated by reference into t hese regulations). The cable of the FSD (if so equipped) 
shall withstand cutting through with 9 1/2-inch lineman pliers with a force of 100 pounds (445 newtons) for two minutes. The force shall be applied to the handles of the pliers at a point that is 6 i nches (+/ - 0.25 inches) from the center of the pliers' pivot pin, and the cable 
shall be placed between the blades so that the cable's centerline is 0.75 inches (+/ - 0.05 
inches) from the center of the pliers' pivot pin. The FSD is to be supported on both sides of the point of the shear cut with allowance for blade clearance. Failure occurs if the FSD is disabled. 
(
6)   Plug pulling test (utilize a new FSD)( does not apply if test cannot be performed on 
the device). This test is designed to test a cylinder lock's ability to withstand a pulling action to dislodge the plug from the cylinder, but not to test the lock's ability to withstand drilling. Drill the key way with a number 20 (0.161 inch, 0.41 centimeter) diameter drill bit 
and insert a self tapping screw of size AB 12 at least 0.75 inches (1.90 centimeters) deep. Apply a required tension of 1,000 newtons (225 pounds force) axially between the case and inst alled screw. Failure occurs if the FSD can be opened by fifteen seconds of 
manipulation with an 8 to 10-inch (20.3 to 25.4- centimeter) long with the largest flat blade 
(not to exceed 5/8 inch (1.6 centimeter)) that will fit into the keyway at the conclusio n of 
the test. Failure also occurs if the FSD is disabled. If the self -tapping screw cannot be 
inserted at least 0.75 inches (1.90 centimeters), insert the screw as far as possible, continue with the test and document the depth to which the screw was inserted. The test does not need to be applied to keyways which cannot accept the self- tapping screw due to the 
keyway's size, design, or materials. In addition, if the FSD is of a design that it breaks the drill bit or self -tapping screw and prevents the test from being performed the test does not 
apply and does not need to be performed again on this device. 
(7) Plug torque test (utilize a new FSD) (does not apply if test cannot be performed on 
the device). This test is designed to test the ability of an FSD's keyway, if so equipped, to 
withstand torque pressures. Install the FSD in a rigid fixture such as a vise to support it 
firmly but not restrict free rotation of the plug in the cylinder. Insert a screwdriver with the largest flat blade (not to exceed 5/8-inch (1.6 centimeter) that will fit into the keyway, so 
that a torque load of ten newton-meters (89 pounds force-inches) can be applied to the plug. The test technician may lightly tap the screwdriver blade into the keyway so that the blade is seated and torque can be applied. Care should be taken so as not to mar the keyway beyond what is necessary to create enough grip to perform the test. If a keyway resists the insertion of the screwdriver blade or deforms so that torque cannot be applied and the test cannot be performed, this test does not apply and does not need to be performed again on this device. Torque may be applied in any combination of clockwise or counterclockwise directions. Failure occurs if the FSD is disabled. 
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 (8)    Sawing test (does not apply if test cannot be performed on the device). Sawing tests 
shall be performed using a sawing machine or hand held saw. The FSD may be held with 
an appropriate fixture to hold the device steady while sawing. The sawing test is designed to determine the FSD's resistance to sawing of exposed components. Exposed components 
may include, but are not limited to, cables, lock bodies and hinges. The testing agent shall accomplish a test using a new standard carbon steel hacksaw blade with 32 teeth per inch (2.54 centimeters) with a constant vertical downward force of ten pounds (44.5 newtons). Only one saw blade shall be used during the test. The test shall consist of 60 cutting cycles per minute for two minutes by sawing machine, or 120 cycles, with no time limit, by hand. One cutting cycle is defined as the combination of one 6-inch forward and one 6-inch backward cutting motion. The saw attack may consist of a series of separate 120 cutting cycle attacks, but in no instance shall more than 120 cutting cycles be applied to any one “specified” location. For example, the testing agent may identify (specify) the hinge and lock body areas of an FSD as vulnerable to attack. A total of 120 cutting cycles may be applied to the hinge of the device and an additional 120 cutting cycles may be applied to the lock body of the device. At the conclusion of the sawing test, the testing agent shall manipulate the FSD for fifteen seconds by hand in an attempt to disable the FSD. Failure occurs if the FSD is disabled. 
(d)     In addition to the tests specified in subdivision (c) of this section, the Certified FSD 
Laboratory shall perform the following tests on a model of each FSD in which the firing chamber of the firearm is capable of accommodating a primed case with the firing chamber closed and the FSD properly installed, that is submitted to the laboratory for testing pursuant to these regulations. This requirement does not apply to an FSD that prevents access to the firearm by fully containing and enclosing the firearm (lock box type devices): 
(1)    (Utilize a new FSD). The FSD shall be activated in accordance with the 
manufacturer's instructions as specified in paragraphs (6), (9), and (10) of subdivision (b) of this section. The firearm shall be placed in a drop fixture capable of dropping the firearm from a drop height of one meter + one centimeter (39.4 inches + 0.4 inches) onto a slab of concrete having minimum dimensions of 7.5 centimeters X 15 centimeters X 15 centimeters (3 inches X 6 inches X 6 inches). The drop dis tance shall be measured from 
the lowermost portion of the weapon to the top surface of the slab. The firearm shall be dropped from a fixture and not from the hand. An approved drop fixture is a short piece of string with the firearm attached at one end and the other end held in an air vise until the 
drop is initiated. The firearm shall be dropped in the following orientations: 
(A)    Normal firing position with the barrel horizontal. 
(B) Upside down with the barrel horizontal. 
(C)    If the firearm is a handgun, on the grip with the barrel vertical. 
(D)    On the muzzle with the barrel vertical. 
(E)    On either side with the barrel horizontal. 
(F) If there is an exposed hammer or striker, on the rearmost point of the device, 
otherwise on the rearmost point of the weapon. 
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  (2)    At the conclusion of the drop test, the tester shall attempt to fire the firearm in an 
attempt to discharge the primed case. Failure occurs if the firearm can be operated 
manually, if a primed case is discharged during an y of the drop tests, or if the FSD is 
disabled following any of the orientation drop tests. 
(e) In addition to the tests specified in subdivision (c) of this section, the Certified FSD 
Laboratory shall perform the following tests on a model of each FSD that fully contains and encloses the firearm (lock box type devices) that is submitted to the laboratory for testing pursuant to these regulations. This requirement does not apply to any lock box type FSD that weighs more than 75 pounds (27.99 kilograms) or has a combined length and girth that is greater than or equal to 110 inches (279.4 centimeters): 
(1)    (Utilize a new FSD. Test shall be conducted with a firearm containing a primed case 
with the firing chamber closed inside the FSD. This test does not need to be performed with an approved drop fixture and may be performed by hand.) The FSD shall be dropped from a height of one meter + one centimeter (39.4 inches + 0.4 inches) onto a slab of concrete having minimum dimensions of 7.5 centimeters X 15 ce ntimeters X 15 centimeters (3 
inches X 6 inches X 6 inches). The drop distance shall be measured from the lowermost portion of the FSD to the top surface of the slab. The FSD shall be dropped in the following orientations: 
(A)    With the locking mechanism facing directly up. 
(B)    With the locking mechanism facing directly down. 
(2)    Failure occurs if the FSD is disabled or the firearm contained within the enclosed 
container discharges. 
(f) Failure of any test occurs if the FSD is disabled, if the firearm is made to function, or if the 
firearm discharges the primed case during or as a result of the test. A failure of any one FSD in any of the tests constitutes a failure of the complete test. 
N
ote: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4095.1 F irearm Safety Device Tests and Testing Sequence 
The tests in this section are designed to replicate the forces that would be exerted on FSDs 
through the use of common household tools. Each DOJ-Certified Laboratory shall perform all of 
the following tests on each FSD model submitted to the laboratory for testing pursuant to these regulations in an attempt to : defeat the device, cause the firearm to function, or cause the primed 
case to discharge. Utilize a new FSD for each test sequence. 
(a
) First FSD Test Sequence. One FSD shall be used for the following tests: 
(1) Manipulate or pick test (does not apply if test cannot be performed on the device). 
This test shall be performed by a tester with no specialized training or skills in lock picking or manipulation (e.g. locksmith training or the use of reference guides on lock picking or 
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  manipulation). Time shall be counted only while tools are in contact with the lock. For 
FSDs with multiple lock types, each applicable test shall be performed on each lock on the device. 
(A
) An FSD equipped with a fingerprint reader shall be tested in the follow ing 
manner:  the tester shall store one fingerprint as directed by the owner’s manual. The tester shall then test nine (9) other fingerprints to see if the FSD opens or unlocks. If the device opens or unlocks then the FSD fails. If the device locks out the fingerprint 
reader after failed attempts, the tester shall continue to try fingerprints when the fingerprint reader is no longer in a locked out state, until nine (9) fingerprints have been tried and failed. If none of the nine (9) fingerprints opens or unlocks the FSD, then it has passed the manipulation test. 
(B) Combination/electronic locks shall resist manual manipulation for two minutes. 
Time shall be counted only while hands are manipulating the combination/electronic 
lock. In the case of a combination /electronic lock, failure occurs if the 
combination/electronic lock can be disengaged without the proper combination being 
entered during two minutes of manipulation. 
(C)    Keyways of the FSD shall resist picking with the use of paper clips (jumbo 
size), paper clips (#1 size), and any common household tool listed in section 4082(d) 
of these regulations, that fit inside at least 50 percent of the keyway, for a total of six minutes. Additionally, the laboratory shall use a combination of two of the tools listed in section 4082(d) of these regulations, that fit inside at least 50 percent of the keyway, for two minutes. For a key lock, failure occurs if the lock mechanism can be 
disengaged during picking. 
(D)    For a t ubular lock, failure occurs if the lock mechanism can be disengaged 
during two minutes of manipulation with a ballpoint pen body/shaft. 
(2) Tensile test (does not apply if test cannot be performed on the device). This test is 
designed to test the strength of the FSD utilizing a pulling action. Support the firearm and 
FSD in a fixture designed to enable application of forces in tension along a central axis of 
the mating locking components of the FSD. Apply 1,000 newtons (225 pounds force) of forces slowly along the central axis of the FSD locking components without interfering or giving support to either of the mating locking components of the FSD. For FSDs that have clamping components, specific fixtures may be required to allow application of the required force to the individual components. Failure occurs if the FSD is disabled or if the firearm is capable of firing during the test. For instanc e, if the FSD separates far enough to 
allow for the discharge of the firearm while manipulating the trigger. 
(3)    Shock i mpact test shall be performed on all lock types and devices. This test is 
designed to test the FSD and locking mechanism's ability to withstand shock and impact. 
Using the shock impact fixture, or a modified shock impact fixture to accommodate a larger FSD, drop a one-kilogram (2.2 pound) weight from a distance of one meter + one 
centimeter (39.4 inches + 0.4 inches) five times to the top of the FSD body. The weight 
will be aligned to impinge and penetrate the locking keyway or combination lock using a chucked blade-type tool (chucked blade-type tool should be crafted from the shank of a 
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 screwdriver with a 1/4 to 5/8 -inch [0.63 to 1.6- centimeter] flathead end). Additionally, 
using the shock impact fixture, drop a one-kilogram (2.2 pound) weight from a distance of 
one meter (39.4 inches), five times to the top of the FSD body using a chucked steel rod tool. Failure occurs if the FSD is disabled by the shock impact test. Failure also occurs if following the shock impact test, subsequent manipulation of the FSD with an 8 to 10-inch (20.3 to 25.4- centimeter) long screwdriver with a 1/4 to 5/8 -inch (0.63 to 1.6- centimeter) 
Philips or flathead , and/or with one of the common household tools inserted through the 
opening or hole exposed after shock impact of the locking keyway, combination lock, or fingerprint reader for thirty seconds and allows the tester to unlock the FSD or discharge a primed case. 
(4)    Shackle or cable cutting test (does not apply if test cannot be performed on the 
device). This test is designed to determine the FSD’s resistance to cutting forces of 4,450 
newtons (1,000 pounds force) for solid metal shackles or with hand forces of 445 newtons (100 pounds force) for cables. The shackle of the FSD (if so equipped) shall withstand cutting through when blades made of steel, hardened to a minimum hardness of Rc 50, are used in conjunction with the blade positioning holders of the shackle cutting fixture. The shearing assembly shall then be placed in a tensile loading device having a compression 
load capability and compressed with a force of 4,450 newtons (1,000 pounds f orce). See 
the ASTM F883-13 standard for details to build a shackle cutting fixture. For ASTM 
F883-13, copies can be obtained by contacting ASTM, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania 19428-2959, telephone number 1 (877) 909-2786, or on the Internet: www.astm.org, and are available for inspection at the Department of Justice, Bureau of Firearms, or the California State Archives at the Secretary of State, 1020 “O” Street, Sacramento, California 95814. The cable of the FSD (if so equipped) shall withstand cutting through with 9 1/2-inch lineman pliers with a force of 100 pounds (445 newtons) for two minutes. The force shall be applied to the handles of the pliers at a point that is 6 inches (+/ - 0.25 inches) from the center of the pliers' pivot pin, and the cable shall 
be placed between the blades so that the cable's centerline is 0.75 inches (+/- 0.05 inches) from the center of the pliers' pivot pin. The FSD is to be supported on both sides of the 
point of the shear cut with allowance for blade clearance. Failure occurs if the FSD is disabled. 
(b) Second FSD Test Sequence. One FSD shall be used for the following tests: 
(1)  Plug torque test (does not apply if test cannot be performed on the device). This test is 
designed to test the ability of an FSD's keyway, if so equipped, to withstand torque pressures. Install the FSD in a rigid fixture, such as a vise, to support it firmly but not restrict free rotation of the plug in the cylinder. I nsert a screwdriver with the largest flat 
blade (not to exceed 5/8-inch (1.6 centimeter) that will fit into the keyway, so that a torque load of 10 newton-meters (89 pounds force-inches) can be applied to the plug. The test technician may lightly tap the s crewdriver blade into the keyway so that the blade is seated 
and torque can be applied. Care should be taken so as not to mar the keyway beyond what is necessary to create enough grip to perform the test. If a keyway resists the insertion of the screwdriver blade or deforms so that torque cannot be applied and the test cannot be performed, this test does not apply and does not need to be performed again on this device. Torque may be applied in any combination of clockwise or counterclockwise directions. Failure occurs if the FSD is disabled. 
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 (2)    Forced removal test (does not apply for a firearm that is fully enclosed by a gun safe 
or lockbox, or where the FSD does not attach itself to the firearm). Partial destruction 
attacks shall be limited to the FSD, the firearm's trigger guard, hammer spur, or barrel. For 
example, an FSD that fully encloses the trigger guard of the firearm may pass this inspection, while an FSD that would allow a portion of the trigger guard to be sawed off to allow for removal of the FSD may fail this inspection. An FSD that prevents hammer 
movement by trapping and/or blocking the hammer spur shall fail the test if full or partial removal of the hammer spur with common household tools would allow removal of the FSD. An FSD that blocks and/or plugs the barrel shall fail the test if partial removal of the 
barrel would allow removal of the FSD. Failure occurs if inspection of the firearm and FSD indicates that the FSD may be disabled or removed through the partial destruction of the firearm as described in this subdivision. Failure also occurs if the firearm could be fired, even if unsafe to do so, as a result of the forced removal inspection. Attack by saw shall be performed in accordance with the specifications and limitations of the sawing test as described in secti on 4095.1(c)(1) of these regulations. 
(3)  Forced entry test (does not apply if test cannot be performed on the device). If a firearm is fully enclosed by a gun safe, lockbox, or if the FSD does not attach itself to the firearm, the FSD shall be tested per this section. Time shall be counted when tools are in 
contact with the FSD. The FSD shall be attacked in the area where the door or lid meets the body of the device in an attempt to pry the door or lid open. The tools that shall be used are a flathead scr ewdriver and pry bar, each a size that will fit in the gap, and a hammer. Any 
combination of the three tools shall be used for a total of three minutes. 
(c) Third FSD Test Sequence. One FSD shall be used for the following tests: 
(1)    Sawing test (does not apply if test cannot be performed on the device). The s awing 
test shall be performed using a sawing machine or hand held saw. The FSD may be held with an appropriate fixture to hold the device steady while sawing. The sawing test is designed to determine the FSDs resistance to sawing of exposed components. Exposed components may include, but are not limited to, cables, lock bodies, and hinges. The testing agent shall accomplish a test using a new standard carbon steel hacksaw blade with 32 teeth per inch (2.54 centimeters) with a constant vertical downward force of 10 pounds (44.5 newtons). Only one saw blade shall be used during the test. The test shall consist of 60 cutting cycles per minute for two minutes by sawing machine, or 120 cycles, with no time limit, by hand. One cutting cycle is defined as the combination of one 6-inch forward and one 6-inch backward cutting motion. The saw attack shall consist of a series of separate 
120 cutting cycle attacks, but in no instance shall more than 120 cutting cycles be applied to any one “specified” location. For example, the testing agent may identify the hinge and lock body areas of an FSD as vulnerable to attack. A total of 120 cutting cycles may be applied to the hinge of the device and an additional 120 cutting cycles may be applied to the lock body of the device. At the conclusion of the sawing test, the testing agent shal l 
manipulate the FSD for 30 seconds by hand in an attempt to disable the FSD. Failure 
occurs if the FSD is disabled. 
(2) Plug pulling test (does not apply if test cannot be performed on the device). This test is 
designed to test a cylinder lock's ability to withstan d a pulling action to dislodge the plug 
from the cylinder, but not to test the lock's ability to withstand drilling. Drill the keyway 
with a number 20 (0.161 inch, 0.41 centimeter) diameter drill bit and insert a self tapping 
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 screw of size AB 12 , at least 0.75 inches (1.90 centimeters) deep. Apply a required tension 
of 1,000 newtons (225 pounds force) axially between the FSD and installed screw. If the 
device opens or unlocks at any time during this test, it fails the test. Failure also occurs if 
the FSD can be opened by 15 seconds of manipulation with an 8 to 10-inch (20.3 to 
25.4- centimeter) long flathead screwdriver, with the largest flat blade that will fit into the 
keyway (not to exceed 5/8 inch [1.6 centimeter]) at the conclusion of the test. If the self-
tapping screw cannot be inserted at least 0.75 inches (1.90 centimeters), insert the screw as 
far as possible, continue with the test, and document the depth to which the screw was inserted. The test does not need to be applied to keyways which cannot accept the self -
tapping screw due to the keyway's size, design, or materials. In addition, if the FSD is of a design that it breaks the drill bit or self -tapping screw and prevents the test from being 
performed the test does not apply and does not need to be performed again on this device. 
(d)     Fourth FSD Test Sequence. One FSD shall be used for the following tests: 
(1)    Drop test. 
(A) (This requirement does not apply to an FSD that prevents access to the firearm 
by fully containing and enclosing the firearm - lock box type devices).  For an FSD model in which the firing chamber of the firearm is capable of accommodating a primed case wi th the firing chamber closed and the FSD properly installed (i.e. 
trigger locks), the DOJ-Certified Laboratory shall perform the following test: 
(i) The FSD shall be activated in accordance with the manufacturer's 
instructions as specified in paragraphs (6), (9), and (10) of subdivision (b) of section 4095 of these regulations. The firearm shall be placed in a drop fixture capable of dropping the firearm from a drop height of one meter + one centimeter (39.4 inches + 0.4 inches) onto a slab of concrete having minimum 
dimensions of 7.5 centimeters X 15 centimeters X 15 centimeters (3 inches X 6 inches X 6 inches). The drop distance shall be measured from the lowermost portion of the weapon to the top surface of the concrete slab. The firearm shal l 
be dropped from a fixture and not from the hand. An approved drop fixture is a short piece of string with the firearm attached at one end and the other end held in an air vise until the drop is initiated. The firearm shall be dropped in the following orientations: 
(I)    Normal firing position with the barrel horizontal. 
(II)    Upside down with the barrel horizontal. (III) If the firearm is a handgun, on the grip with the barrel vertical. (IV)    On the muzzle with the barrel vertical. (V)  On either side with the barrel horizontal. 
(VI) If there is an exposed hammer or striker, on the rearmost point of 
the device, otherwise on the rearmost point of the weapon. 
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  (ii) At the conclusion of each phase of the drop test, the tester shall attem pt to 
fire the firearm in an attempt to discharge the primed case. Failure occurs if the 
firearm can be operated manually, if a primed case is discharged during any of the drop tests, or if the FSD is disabled following any of the orientation drop tests. 
(B) (This requirement does not apply to any lock box type FSD that weighs more than 75 pounds (27.99 kilograms) or has a combined length and girth that is greater than or equal to 110 inches (279.4 centimeters).  For an FSD model that fully contains and encloses the firearm, the DOJ-Certified Laboratory shall perform the 
following test:  
(i)    The test shall be conducted with a firearm containing a primed  case with  
the firing c  hamber closed inside the FSD. This test does not need to be  
performed with an approved drop fixture and may be performed by hand. The  
FSD shall be dropped from a height of one meter  + one centimeter (39.4 inches  
+ 0.4 inches) onto a slab of concrete having minimum dimensions of 7.5 centimeters X 15  centimeters X 15 centimeters (3  inches X 6 inches X 6 
inches). The drop distance shall be measured from the lowermost portion of the  
FSD to the top surface of the slab. The FSD shall be dropped in the following  
orientations:  
(I)    With the locking mechanism facing directly up.  
(II)  
  With the locking mechanism facing directly  down.  
(III)    For square or rectangular shaped FSDs, each shall be dropped at  
least once on each of the  device’s  corners not to exceed eight drops. For  
devices with non-square  or non- rectangular shapes, each s hall be dropped 
one additional drop on any  area of the device not previously tested under  
this section for a total of  nine drops.  
(ii)    Failure occurs if the FSD is disabled or the  firearm contained within the  
enclosed container discharges.  
(e)    Failure of any test occurs if the  FSD is disabled, if the firearm is made to function, or if the  
firearm discharges the primed case during or  as a result of the test. A failure of any one FSD in  
any of the tests constitutes a failure of the complete test.  
Note:
 Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4096. Test Reporting. (a)    If an FSD meets the required standards and has passed the required testing, the  DOJ -
Certified  FSD  Laboratory  shall submit to the DOJ a completed  Firearm Safety Device  
Compliance Test Report  (Firearm Safety  Devices ),  Form BOF 021A (Rev. 01/2012  07/2018), 
hereby incorporated by  reference,  and the  FSD utilized for the drop-testing unde  r section 4095.1, 
subdivision (d)  or (e)  or if not applicable, the safe  utilized under section 4095.1(c),  of these 
Page 42 of 51   
  
 
 
   
 
 
 
 
  
 
 
 
 regulations in accordance with Penal Code section 23655, subdivision (c) . The Firearm Safety  
Device Compliance  Test Report shall require  all of the information  identified in section 4097, 
subdivision (a) of these regulations, and  which  shall be signed by the person authorized to sign 
on behalf of the laboratory.  In the  event that an FSD does not pass any of the required tests, the  
DOJ-Certified Laboratory  shall submit to the DOJ a completed Compliance Test Report  (Firearm  
Safety Devices ),  Form BOF 021A (Rev. 07/2018).   
(b)    The DOJ -Certified  FSD  Laboratory shall submit the required report to the DOJ within ten 
(10) working days of the  completion of the testing. Failure to submit said report to the DOJ  
within the time frame identified above shall not invalidate the results of the testing. However, the  
DOJ may inspect the laboratory to determine  whether grounds exist to revoke the certification of  
the laboratory.  
(c)    FSD manufacturers or dealers are prohibited from placing any statement, logos, a  nd/or  
stickers  on the FSD itself, the labeling, the box/packaging,  and/or accompanying user  
information that in any  way states, implies, and/or  otherwise suggests that the FSD has been 
approved for sale in California under Penal Code sections 23650 and 23655 unless the FSD is on 
the Roster of  Approved  Firearm Safety  Devices  Certified for Sale . At that time and only while  
the FSD is listed on the Roster of  Approved  Firearm Safety Devices  Certified for Sale , the  FSD  
manufacturer or dealer may place the following statement in the required user information:  
“This is a Califor nia-approved Firearm Safety Device that meets the requirements of Penal 
Code section 23655 and the regulations issued thereunder.” 
(d)    The manufacturer or dealer of an FSD approved under these regulations shall specify, in the  
packaging or descriptive materials accompanying  the device, those firearms for which the device 
meets the standards  and are capable of passing the testing described in these regulations.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4097. Required Records, Retention Periods, Reporting Changes. (a)    The DOJ-Certified  FSD  Laboratory shall, for a minimum of five  years from the date of the  
Firearm Safety Device  Compliance Test Report  (Firearm Safety Devices ),  Form BO F 021A  
(Rev.  01/2012  07/2018), maintain sufficient records to support the results of any and all such 
reports.  
(1)    The name and address of the Certified FSD  Laboratory that  conducted the test.  
(2)    The name and address of the FSD manufacturer or  dealer that submitted the FSD  
model for testing, as well as the name and telephone number of  a contact person of the  
submitting manufacturer  or dealer. If the  DOJ submitted the FSD, this fact  shall be noted in 
the records.  
(3)    Date, time, and location of the testing, and any  off-site equipment and/or facilities that 
are used during any portion of the testing.  
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 (4)    The unique  reference number/identifier issued by the Certified FSD  Laboratory for  
the testing.  
(5)    The results of each phase of the required testing.   
(6)    The date the report  was submitted to the DOJ.  
(7)    The name and telephone number of  a contact person who should be contacted if there  
are any questions regarding the testing and/or the  report.  
(8)    The make, model, construction material, and type of  FSD tested.  
(9)    The make, model, caliber, barrel length, and type of  each firearm on which the  
laboratory tested the device.  
(10)    Identification of the manufacturer  and type  of primer used in the primed cases used  
in the testing.  
(11)   An identification of each of the tests that was performed on the FSD tested.  
(12)   A statement that the FSD meets  each of the standards for  FSDs prescribed in these 
regulations.  
(13)   The names and business affiliation of all  persons who have witnessed any part of the  
testing procedure.  
(14)   The name(s)  and title(s) of laboratory staff who conducted and/or performed the  
required testing.  
(15)   The signature of the lead person who conducted the testing a  long with his or her  title  
and printed name, and the date of signature.  
(b)    The following records shall also be maintained by  all DOJ -Certified  FSD  Laboratories:  
(1)    A listing of  any and all current  off-site facilities that have been reported to the DOJ,  
and are or may be used by  the DOJ -Certified  FSD  Laboratory for FSD  testing.  
(2)    A listing of  all current employees who are directly involved in FSD testing.  
(3)    Records  relating to  the current ow nership of  the laboratory.  
(4)    Records  relating each firearm stolen or lost from the laboratory must be retained  for at 
least ten  years from the date that the firearm was reported lost or stolen.  
(c)    The DOJ-Certified  FSD  Laboratory shall report within ten (10) working days  any changes:.  
Failure to report changes  may lead to revocation. The following c  hanges shall be reported:  
 
(1)    In the ownership, involvements, relationships, license prohibitions, and/or interests  
identified in sections 4086 and 4090 of these  regulations and ensure that  any  such change  
Page 44 of 51   
  
 
 
 
 
 
 
 
 
 
 
 would not constitute grounds for denial of  an Application for  Laboratory Certification  
(Firearm Safety  Device  Testing ),  Firearm Safety  Device Laboratory Certification  Form  
BOF 019A (Rev. 01/2012  07/2018).  
(2)    Involving management personnel, FSD testing supervisor(s)  and/or personnel, 
person(s)  authorized to sign Firearm Safety Device  Compliance Test Reports  (Firearm  
Safety Devices ),  (DOJ Form BOF 021A  Rev. 07/2018), person(s)  who hold COE(s); and/or  
the FSD testing  equipment and/or facilities of the  laboratory.   
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4098. Off- Site Location. 
(a)  A  DOJ -Certified  FSD  Laboratory may not utilize any FSD testing equipment and/or  
facilities that are  at a location other than the primary business address of the laboratory unless all  
of the following c  onditions are met:  
(1)    The off- site location is not more  than 100 miles from the primary business address.  
(2)    The laboratory provides the following information to the DOJ prior to beginning any  
testing at the off -site location: the name of the facility/owner, telephone number, physical 
address of the locati on; and the type of equipment and/or facilities to be used and/or the  
testing to be performed at each location.  
(b)    Notwithstanding subdivision (a) of this section, if more than one off- site location is needed  
for testing purposes, the  applicant or  DOJ -Certified  FSD  Laboratory must submit a completed 
Request to Utilize an Additional Off -Site Location  (Firearm Safety  Device  Testing ),  Form BOF 
020A (Rev. 01/2012  07/2018  ), hereby incorporated by reference,  for  each such location. The 
Form BOF 020A  (Rev. 01/2012 shall include the following information:  
(1)    Applicant or  Laboratory I  nformation: The person(s), firm, or corporation name;  
physical  and mailing a  ddress(es);  and telephone  and fax number.  
2)  Off- Site  Location  Information: The name of  the owner; physical street  address,  
telephone number; the testing to be performed and/or equipment to be used at the off- site  
location; the signature of  the Certified FSD  Laboratory's authorized representative; and the  
county, state, and date of signature.  
(c)    The  DOJ reserves the right to prohibit a laboratory from  conducting FSD tests at an off- site  
location if the results of any such testing could not be rendered fairly, impartially, and 
independent of any manufacturer, importer or other entity which has any direct and/or indirect  
economic interest in the results of the testing.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 23655, Penal Code. 
Page 45 of 51   
   
 
 
 
 
 
 
 
 
 § 4099. Inspections. 
(a)    At any time during r  egular business hours  and/or when testing is being conducted, the  DOJ -
Certified  FSD  Laboratory  shall allow reasonable access by  any authorized  DOJ employee(s),  
upon presentation of proper identification. The  DOJ employee(s) shall be  permitted to inspect  
facilities and records relating to FSD testing and to observe any  FSD tests  being per formed to 
ensure compliance with any applicable federal, state, and/or local law(s) and these regulations.  
(b)    Within six months  of the date of  FSD  Laboratory Certification, the DOJ will conduct a  
follow-up on- site compliance inspection of the laborato ry to observe actual FSD testing  and  
inspect equipment and facilities.  
(c)    The DOJ-Certified  FSD  Laboratory will be  notified in writing of the  results of any  
inspection conducted pursuant to this section within 15 days  from the date of the completion of 
the inspection. The notification will include a list of any and all violations  of any statute and/or  
these regulations and the  action required to correct each violation.  
(d)    The corrective action shall be completed within 15 days of the date of notification. An 
acknowledgment prepared by the DOJ to be signed by the owner, chief executive officer, or  
person with primary responsibility for the operation of the laboratory that they have been made  
aware of the violation(s), that the necessary corrective action(s) have been performed, and that  
all necessary action(s) will be taken to ensure that future violations do not occur. The  
acknowledgment shall be signed and returned to the DOJ within 15 days from the date of service  
of the notification unless  the DO J has determined that the violation requires  immediate attention.  
If immediate attention is required, the laboratory shall take the corrective  action(s) within the  
time specified in the DOJ notice.  
(e)    The Certified  FSD Laboratory shall  submit to the D OJ  a monthly schedule of the days on 
which it is planning to perform  FSD testing . T he schedule for each month shall be submitted to 
the DOJ five days before the beginning of the month being reported. The  DOJ may contact the  
laboratory telephonically for  information regarding any  additions/deletions to the schedule. The  
DOJ may accept schedules submitted by electronic transmission.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4100.  Gun Sa fes:  Standards., Proof of Ownership, and Lock Boxes.  
(a)     An  acceptable gun safe is either one the following:  
(a)     (1)     A  gun safe that meets all of the following standards:  
(1)     (A)    Shall  be  able to fully contain firearms and provide for their secure storage.  
(2)     (B)    Shall have  a locking system consisting  of at minimum a mechanical or electronic  
combination lock. The mechanical or electronic combination lock utilized by the safe shal l 
have at least 10,000 possible combinations consisting of a minimum three numbers, letters, 
or symbols. The lock shall be protected by a  case-hardened (Rc 60+) drill- resistant steel 
plate, or drill- resistant material of  equivalent strength.  
Page 46 of 51   
  
 
 
 
 
 
 
 (3)     (C)    Boltwork shall consist of a minimum of three steel locking bolts  of at least 1/2 -
inch thickness that intrude from the door of the safe into the body of the safe or from the  
body of the safe into the door of the safe, which are operated by a separate  handle  and 
secured by the lock.  
(4)    (D)    A  gun safe shall be capable of repeated  use. The exterior walls shall be 
constructed of  a minimum 12- gauge thick steel for a single- walled safe, or  the sum of the 
steel walls shall add up to at least 0.100 inches for  safes with two walls. Doors shall be  
constructed of  a minimum one layer of 7- gauge steel plate reinforced construction or at  
least two layers of  a minimum 12 -gauge steel compound construction.  
(8)   (E)    Door hinges shall be protected to prevent the removal  of the door. Protective  
features include, but are  not limited to: hinges not exposed to the outside, interlocking  
door designs, dead bars, jeweler's lugs  and active or inactive locking bolts.  
(b)  (2)     A  gun safe that is able to fully  contain firearms  and provide for their secure storage,  that 
is in use by a DOJ -Certified Laboratory prior to July 1, 2018   and is  shall be  certified to/listed  
as meeting  Underwriters  Laboratories Residential Security Container rating standards by a 
Nationally Recognized Testing L  aboratory (NRTL).  All safes to be purchased by  a current  
DOJ-Certified Laboratory or  by a new DOJ -Certified  Laboratory that is certified after July 1,  
2018 shall be certified to/listed as meeting Underwriters  Laboratories Standards for Antitheft 
Alarms and Devices under 1037 Sixth E dition standards by a NRTL  dated September  15, 
2017, sections 7 E  nclosures, section 48 Drop Test, section 53 Attack Test, and section 54 
Residential Security Container . Copies can be obtained by contacting COMM-2000, 151 
Eastern Avenue, Bensenville, Illinois 60106, telephone number 1 (888) 853-3503, or on the  
Internet: www.shopulstandards.com, and  are available for inspection at the Department of  
Justice, Bureau of  Firearms, or the California State Archives  at the Secretary of State, 1020  
“O” Street, Sacramento, California 95814.   
(b) The firearms purchaser or transferee may  establish proof of ownership of an acceptable  gun 
safe by providing the firearms dealer  with both of  the following:  
(1)    A receipt for purchase of the  gun safe or an affidavit stating ownership and possession 
of the gun safe.  
(2)    An affidavit stating t  hat the gun safe meets the standards set  forth by section 4100 of  
these  regulations. The affidavit shall  state the make an d model of the  gun safe and shall  
state that the gun safe is  capable of accommodating the firearm bei ng purchased. The  
affidavit shall c  ontain the statement “I declare under penalty of perjury that all statements  
made i n this affidavit are true and complete.” This statement shall be signed and dated by  
the firearms purchaser or transferee.  For any  gun safe that  does not display  a model but  
otherwise meets the  acceptable gun safe standard, the term “unknown”  will be consi dered  
an acceptable  entry in the model field of the affidavit stating ownership of  an acceptable  
gun safe.  The make or manufacturer ’s name shall  be stated on the affidavit.  
(c)    The  firearms dealer  shall maintain the statement(s) provided pursuant  to subdivision (a) of  
this section for three years with the Dealer's Record of Sale (DROS) for the firearm.  
Page 47 of 51   
  
 
 
 
 
 
 
 
 
 (d)    The firearm purchaser or transferee may  establish proof of ownership of an acceptable lock 
box that is  listed on the Roster of Firearm Safety Dev ices  Certified  for Sale  by providing the  
firearms dealer  with both of the following:  
(1)    A receipt for purchase of the lock box.  
(2)    An affidavit stating t  hat the lock box is listed on the Roster of Firearm Safety  Devices  
Certified for Sale  and will accommodate the  firearm(s) that is being taken into possession. 
The affidavit shall  state the make and model of the lock box and that the lock box is  
capable of accommodating the firearm(s) bei ng purchased. The affidavit shall  contain the  
statement “I declare under penalty of perjury that all statements made in this affidavit are  
true and complete.” This  statement shall be signed and dated by the firearm purchaser or  
transferee.  
(e)    The firearms dealer  shall maintain the statement(s) provided  pursuant  to subdivision (a) of  
this section for three  years with the DROS for the firearm.  
Note: Authority cited: Sections  23635,  23650 and 23655, Penal Code. Reference: Sections 23650 
and 23655, Penal Code.  
§ 4101.  Gun Safe -  Proof of Ownership of an Acceptable  Gun Safe.  
(a)    The  firearms purchaser or transferee may  establish proof of ownership of an acceptable  gun 
safe by providing the firearms dealer with both of  the following:  
(1)    A receipt for purchase of the  gun safe or an affidavit stating ownership and possession 
of the gun safe.  
(2)    An affidavit stating t  hat the gun safe meets the standards set  forth by section 4100 of  
these regulations. The  affidavit must state the make and model of the  gun safe and must  
state that the gun safe is  capable of accommodating the firearm being purchased. The 
affidavit must contain the statement “I declare under penalty of perjury that all statements  
made in this affidavit are true and complete.” This statement shall be signed a nd dated by  
the firearms purchaser or transferee. For any  gun safe which does not display  a make  
and/or model but otherwise meets the acceptable  gun safe standard, the term “unknown”  
will be considered an acceptable entry in the make and/or model fields of  the affidavit 
stating ownership of an acceptable  gun safe.  
(b)    The firearms dealer shall maintain the statement(s) provided pursuant  to subdivision (a) of  
this section for three years with the Dealer's Record of Sale (DROS) for the firearm.  
Note: Aut hority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
§ 4102.  Lock Box  - Proof of Ownership of an Acceptable  "Lock Box" Type  Firearm Safety  
Device.  
Page 48 of 51   
  
 
 
 
 
 
 
 
 
 
 (a)    The firearms purchaser or transferee may  establish pr oof of ownership of an acceptable  
lock box that is listed on the Roster of Approved Firearm Safety  Devices by providing the  
firearms dealer  with both of the following:  
(1)    A receipt for purchase of the lock box.  
(2)    An affidavit stating  that the  lock box is listed on the Roster of Approved Firearm  
Safety  Devices and will accommodate the firearm(s) that is being taken into possession. 
The affidavit must state the make and model of the lock box and that the lock box is  
capable of accommodating the f irearm(s) being purchased. The affidavit  must contain the  
statement “I declare under penalty of perjury that all statements made in this affidavit are  
true and complete.” This  statement shall be signed and dated by the firearms purchaser or  
transferee.  
(b)    The firearms dealer shall maintain the statement(s) provided pursuant  to subdivision (a) of  
this section for three  years with the DROS for the firearm.  
Note: Authority cited: Sections 23635, 23650 and 23655, Penal Code. Reference: Sections 23650 
and 23655, Penal Code. 
Article 6.  Firearm Safety Device Laboratory  DOJ-Certification Renewal; 
Firearm Safety Device Laboratory  DOJ-Certification After Expiration  
§ 4105.   Firearm Safety Device Laboratory  DOJ -Certification Renewal Procedures.  
An FSD Laboratory  DOJ -Certification must be renewed prior to expiration in order to remain 
valid. The procedure  for  FSD  DOJ -Certified  Laboratory  Certification  renewal is as follows:  
(a)    The  DOJ will mail an application to the laboratory 60 days prior to the e xpiration date of  
the FSD  Laboratory Certification.  
(b)    The DOJ -Certified  FSD  Laboratory wishing t  o renew its FSD  Laboratory Certification 
shall submit to the DOJ an  Application for  Laboratory Certification (Firearm Safety  Device  
Testing ),  Firearm  Safety Device Laboratory  Certification ,  Form  BOF 019A (Rev. 01/2012  
07/2018) , hereby incorporated by reference.  
(c)    When all applicable requirements are met  and the application has been processed, the DOJ  
will renew the laboratory's  FSD  Laboratory Cert ification.  
(d)     If  a laboratory fails  to comply with these renewal requirements, the FSD  Laboratory  
Certification shall expire by operation of law  at midnight on the expiration date stated on the  
FSD  Laboratory Certification.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code.  
§ 4106.   Firearm Safety Device Laboratory  DOJ -Certification After Expiration.  
Pag
e 49 of 51   
  
 
    
  
 
 
 
 
 When an FSD  Laboratory  Certification has expired and not been renewed prior to the stated 
expiration date, the person, firm, or corporation wishing to renew certification shall make a new  
application to the DOJ on an Application for  Firearms Safety Device  Laboratory Certification  
(Firearm Safety  Device  Testing ), Form  BOF 019A (Rev. 01/2012  07/2018).  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
Article 7. Service of Notices, Orders, and Communications 
§ 4107. Service of Notices, Orders, and Communications. 
(a)    Except as otherwise provided by law or in these regulations, notices, orders, and other  
communications may be  sent by United States mail, electronic transmission, and/or common  
carrier to an applicant or  DOJ-Certified  FSD  Laboratory at the  address shown on  the Application 
for Laboratory Certification (Firearm Safety  Device  Testing ),  Firearm  Safety Device Laboratory  
Certification,  Form  BOF  019A (Rev. 01/2012  07/2018), hereby incorporated by reference.  
(b)    Notices  and orders shall be deemed to have  been served upon their deposit, first- class  
postage prepaid, in the United States mail, and the time specified in any such notice shall 
commence to run from the date of such mailing.  
Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code  
Article 8.  Roster of Approved  Firearm Safety Devices  Certified for Sale , Appeal 
Process  
§ 4108.  Roster of Approved  Firearm Safety Devices  Certified for Sale .  
(a)    Within  ten (10)  30  days of the receipt of the  Firearm  Safety Device  Compliance Test  
Report  (Firearm Safety  Devices ),  Form  BOF 021A (Rev. 01/2012  07/2018), hereby incorporated 
by reference,  and one FSD, from the  DOJ -Certified  FSD  Laboratory; the DOJ will determine  
whether the  FSD may be  placed on California's Roster of  Approved  Firearm Safety  Devices  
Certified for Sale . After the determination by the  DOJ that the FSD may be listed, the DOJ will 
add the FSD to the  roster  Roster  of Approved  Firearm Safety Devices  Certified for Sale .   
(b)    Within  ten (10)  30  days of the receipt of the  request from  an FSD manufacturer or dealer to 
add an FSD to the Roster of  Approved  Firearm Safety  Devices  Certified for Sale , the DOJ will 
determine whether the  FSD may be listed without testing.  If the  DOJ finds that the FSD may be  
listed, the DOJ will add the FSD to the  roster  Roster .  
(c)    An FSD may be  excluded from the Roster of  Approved  Firearm Safety Devices  Certified  
for Sale  for  any of the  following reasons:  
(1)    If it is determined that the FSDs submitted for testing were modified  in any way from 
those that were sold after certification was  granted.  
(2)    If it is determined that the FSD does not meet established standards based upon 
further testing.  
Page 50 of 51   
  
 
 
 (3)    If the  FSD manufacturer or dealer  requests that the FSD be  removed from the  roster  
Roster .  
(d)    An FSD manufacturer or party of interest may submit a written request to list an FSD that 
was voluntarily discontinued. The written request  must state that no modifications have been 
made to the model and be submitted to the DOJ.  
N
ote: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 
23655, Penal Code. 
Page 51 of 51