California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › 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 › Section 4061 - Test Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 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, and all photographs of expended casings taken pursuant to subdivision
				  (h) of section 4060 of these regulations. The
				  Compliance Test Report shall be on Form BOF 021 (Rev. 01/2012) 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 provided the proposed format presents the information
				  in the same order and with the same wording as Form BOF 021 (Rev.
				  01/2012).
(b) The Compliance Test Report
				  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
				  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)
				  Manufacturers/Importers are prohibited from placing any 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 Laboratory, 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."
1. Change without
					 regulatory effect renumbering section
					 968.45 to section
					 4061, including amendment of subsection
					 (a), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment of subsection (a) filed
					 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without
					 regulatory effect amending subsections (a) and (c) and amending NOTE filed
					 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Section
						32010, Penal Code.
						Reference: Sections
						31900,
						31905,
						32005,
						32010,
						32015,
						32020,
						32025 and
						32030, Penal
						Code.