California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 9 - Firearm Safety Certificate Program and Safe Handling Demonstrations › Article 4 - Safe Handling Demonstration Steps › Section 4256 - Safe Handling Demonstration Steps Applicability and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The safe handling
				  demonstration steps specified in this article are generally applicable to the
				  various models of each firearm "type" (e.g. pump action long gun, break-top
				  revolver, etc.). However, they may not be appropriate for a particular firearm
				  model. If necessary, the DOJ Certified Instructor will inform the firearm recipient
				  of the safe handling demonstration steps for the firearm being delivered.
(b) If only the serialized or finished frame or
				  receiver of a weapon is being delivered, no safe handling demonstration is
				  required.
(c) If the DOJ Certified
				  Instructor determines the firearm being delivered uses a cartridge size/type for
				  which no dummy round is available on the retail market, the safe handling
				  demonstration may be performed without using a dummy round.
(d) The firearm recipient must safely perform each
				  step of the safe handling demonstration from start to finish without error. If an
				  error is made at any time during the demonstration, the firearm recipient must start
				  over from step number one.
(e) The DOJ
				  Certified Instructor must provide instruction regarding how to render the firearm
				  safe in the event of a jam (malfunction).
(f) Upon successful completion of the safe
				  handling demonstration, the DOJ Certified Instructor, firearm recipient, and
				  firearms dealer (or dealer authorized employee) must sign and date a Safe Handling
				  Demonstration Affidavit, BOF 039 (Rev. 01/2015), which is hereby incorporated by
				  reference. If the DOJ Certified Instructor is also the licensed firearms dealer or
				  an employee of the dealer, the DOJ Certified Instructor is authorized to sign the
				  affidavit as both the DOJ Certified Instructor and as the dealer/employee delivering
				  the firearm.
(g) As used in this
				  article, a "dummy round" must be brightly colored orange, red, or otherwise readily
				  identifiable. If no readily identifiable dummy round is available, an empty
				  cartridge casing with an empty primer pocket may be used.
(h) As used in this article, "muzzle awareness"
				  means the firearm is pointed in a safe direction, preferably down at the
				  ground.
(i) As used in this article,
				  "trigger discipline" means the trigger finger is outside of the trigger guard and
				  alongside the frame or receiver, at all times. In the event the firearm doesn't have
				  a trigger guard, the trigger finger should be kept in line with the
				  barrel(s).
1. New article 4
					 (sections 4256-4258) and section filed 3-9-2015
					 as an emergency; operative 3-9-2015 (Register 2015, No. 11). A Certificate of
					 Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be
					 repealed by operation of law on the following day.
2. New article 4
					 (sections 4256-4258) and section refiled
					 8-31-2015 as an emergency; operative 8-31-2015 (Register 2015, No. 36). A
					 Certificate of Compliance must be transmitted to OAL by 11-30-2015 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 New article 4 (sections
					 4256-4258) and section refiled
					 11-23-2015 as an emergency; operative 11-23-2015 (Register 2015, No. 48). A
					 Certificate of Compliance must be transmitted to OAL by 2-22-2016 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Certificate of Compliance as to 11-23-2015 order transmitted to OAL 2-9-2016 and
					 filed 3-23-2016 (Register 2016, No. 13).
5. Change without regulatory
					 effect amending subsection (f) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						26850,
						26853,
						26856,
						26859 and
						26860, Penal Code.
						Reference: Sections
						26850,
						26853,
						26856,
						26859,
						26860,
						32000 and
						32110, Penal
						Code.