California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 10 - Fees for the Roster of Certified Handguns › Section 4074 - Reinstatement of Handguns Removed from the Roster of Certified Handguns

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The DOJ will only
				  recognize reinstatement testing requests made by a responsible party. The requestor
				  will be responsible for the reinstatement testing costs and the annual maintenance
				  fee as set forth in section
				  4072 of these regulations.
				  Reinstatement testing costs must be paid prior to testing.
(b) Reinstatement testing will be conducted in
				  accordance with section
				  4073 of these regulations.
				  Reinstatement testing shall be conducted by the same laboratory that performed the
				  original retest, using the same ammunition brand and cartridge, and test personnel,
				  unless otherwise authorized by the DOJ.
(c) Upon the successful reinstatement of a handgun
				  the DOJ may, on a case-by-case basis, reinstate "similar" handguns without retesting
				  in accordance with Penal Code section
				  32030.
(d) If a handgun model has passed the required
				  reinstatement testing, the DOJ-Certified Laboratory shall submit to the DOJ a
				  completed Reinstatement Test Compliance Report (on a form prescribed by the DOJ) and
				  one of the tested handguns within ten (10) working days of the completion of the
				  testing. The Reinstatement Compliance Report shall require all of the information
				  identified in section
				  4062, subdivision (a) of these
				  regulations, and be signed by the person authorized to sign on behalf of the
				  DOJ-Certified Laboratory. Failure to submit the required Reinstatement Compliance
				  Test Report to the DOJ within the time frame above shall not invalidate the results.
				  However, the DOJ-Certified Laboratory may be subject to inspection by the DOJ to
				  determine whether grounds exist to revoke the DOJ-Certification.
(e) If the handgun model fails reinstatement
				  testing, the DOJ-Certified Laboratory shall provide to the DOJ a Reinstatement Test
				  Compliance Report (on a form prescribed by the DOJ) within ten (10) working days of
				  the completion of the testing. Failure to submit the required Reinstatement
				  Compliance Test Report to the DOJ within the time frame above shall not invalidate
				  the results. However, the DOJ-Certified Laboratory may be subject to inspection by
				  the DOJ to determine whether grounds exist to revoke the
				  DOJ-Certification.
(f) Reinstatement
				  testing fees are not refundable regardless of test results.
(g) Handguns reinstated to the Roster upon
				  successful completion of the reinstatement process will be subject to renewal at the
				  annual expiration date established prior to removal from the Roster.
1. Change without
					 regulatory effect renumbering section
					 968.99 to section
					 4074, including amendment of
					 subsections (a), (b) and (d), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment of subsections (a)-(d)
					 filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change
					 without regulatory effect amending subsections (c)-(d) and amendment of NOTE filed
					 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Section
						32025, Penal Code.
						Reference: Sections
						32015,
						32020 and
						32025, Penal
						Code.