California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 2 - Definition of Key Terms › Section 4049 - Definition of Key Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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, Form BOF 019 (Rev.
				  01/2012); 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
				  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)(6) and which can be used to identify the pistol when it is traced through DOJ's
				  Automated Firearms 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 domestically 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) "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) "Refined or modified" means
				  an improvement applied to the test handguns, that is not made to retail 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
				  retail models.
(s) "Responsible party"
				  includes, but is not limited to, firearm manufacturers/importers and law enforcement
				  agencies.
(t) "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) "Roster of Certified
				  Handguns" 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 roster
				  will list, for each firearm, the manufacturer, model number, model name, and other
				  information deemed necessary by the DOJ to facilitate identifying that handgun
				  model.
(v) "Similar" means a handgun
				  listed on the Roster of Certified Handguns that was not subject to testing because
				  it satisfied the requirements of Penal Code section
				  32030.
(w) "Standard ammunition" means commercially
				  produced factory loaded ammunition which is available for purchase at consumer-level
				  retail outlets.
1. Change without
					 regulatory effect renumbering section
					 968.20 to section
					 4049 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Repealer and new section filed
					 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without
					 regulatory effect amending section and NOTE filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
4. Change without regulatory effect
					 amending subsection (j) filed 10-6-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 40).
Note: 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.