reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 1 - General: Title; Scope; Extensions for Compliance › Section 4047 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of these regulations will implement, interpret,
					 and make specific the laboratory certification and handgun testing programs mandated
					 by California Penal Code sections
					 16380,
					 16900,
					 17140,
					 31900 through
					 31910 (entire
					 article),
					 32000 through
					 32030 (entire
					 article), and
					 32100 through
					 32110 (entire
					 article). These regulations will also establish
					 procedures to create and maintain both a roster of Department of Justice
					 (DOJ)-Certified Laboratories and a roster of certified handguns. These regulations
					 will apply to any person, firm, and/or corporation who wishes to become certified as
					 a handgun testing laboratory and, with specified exemptions, to any person in this
					 state who manufactures or causes to be manufactured, imports into the state for
					 sale, keeps-for sale, offers or exposes for sale, gives, or lends any pistol,
					 revolver, or other firearm capable of being concealed upon the
					 person.
1. Change without
					 regulatory effect renumbering section
					 968.11 to section
					 4047 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment 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).
Note: Authority cited: Sections
						16380,
						16900,
						17140,
						31900,
						31905,
						31910,
						32000,
						32005,
						32010,
						32015,
						32020,
						32025,
						32030,
						32100,
						32105 and
						32110, Penal Code.
						Reference: Sections
						16380,
						16900,
						17140,
						31900,
						31905,
						31910 and
						32005, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 1 - General: Title; Scope; Extensions for Compliance › Section 4048 - Extensions for Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a DOJ-Certified Laboratory provides written proof that
					 through no fault of its own it is not able to meet a deadline provided for in these
					 regulations, the DOJ may grant a temporary extension of time to meet that deadline.
					 Any such extension will be in writing and will designate a specific time period for
					 the extension.
1. Change without
					 regulatory effect renumbering section
					 968.12 to section
					 4048 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending NOTE filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Sections
						32005,
						32010,
						32015,
						32020,
						32025 and
						32030, Penal Code.
						Reference: Sections
						32005,
						32010,
						32015,
						32020,
						32025 and
						32030, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › 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 › Section 4050 - Who Must Be DOJ-Certified

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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, Form BOF 019 (Rev. 01/2012), by
				  the proposed ownership entity or owners.
1. Change without
					 regulatory effect renumbering section
					 968.30 to section
					 4050 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment of subsection (b) filed
					 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without
					 regulatory effect amending article heading, subsection (b) and 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
						16380,
						16900,
						17140,
						31900,
						31905,
						31910,
						32010 and
						32030, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › 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 › Section 4052 - Pre-DOJ-Certification Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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) 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 microscope 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.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › 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 › Section 4053 - Grounds for Denial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An initial
				  application for DOJ-Certification shall be denied if the applicant laboratory:
(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 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 the
				  required COE(s).
(6) Fails to comply
				  with any required local, state, and/or federal laws and/or licensing requirements
				  relating to handgun testing.
(7) 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) Is currently or plans 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
				  laboratory.
(9) 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.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › 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 › Section 4054 - DOJ-Certification Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The DOJ-Certification shall be valid for two years from the date
					 of issuance.
1. Change without
					 regulatory effect renumbering section
					 968.34 to section
					 4054 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 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
						16380,
						16900,
						17140,
						31900,
						31905,
						31910,
						32000,
						32005 and
						32010, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › 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 › Section 4055 - Appeal Process. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 968.36 to section
					 4055 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Repealer filed 1-31-2011;
					 operative 3-2-2011 (Register 2011, No. 5).
Note: Authority cited: Sections
						15374-
						15378,
						Government Code. Reference: Sections
						15374-
						15378,
						Government Code; and Section
						12130, Penal
						Code.
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 4056 - Absence of Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The DOJ-Certified 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
				  manufacturer/importer, wholesaler, distributor, or dealer of handguns. As used in
				  this subdivision, financial support does not apply to situations wherein an
				  applicant laboratory provides testing services to a manufacturer/importer,
				  wholesaler, distributor, or dealer of handguns.
(b) None of the employee(s) directly involved in
				  handgun testing, owner(s), shareholder(s), partner(s), officer(s), and/or
				  director(s) of the DOJ-Certified Laboratory:
(1)
				  Has any 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.
(2) Is a manufacturer/importer, wholesaler,
				  distributor, or dealer of handguns.
(3)
				  Has any direct, indirect, or beneficial interest aggregating $1,000 or more in any
				  entity that is a manufacturer/importer, wholesaler, distributor, or dealer of
				  handguns.
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 4057 - Security and Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  DOJ-Certified 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 shall be
				  certified to/listed as meeting Underwriters Laboratories Residential Security
				  Container rating standards by a Nationally Recognized Testing Laboratory
				  (NRTL).
(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 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.
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 4058 - Licensing/Minimum Standards Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The DOJ-Certified Laboratory shall at all times:
(a) Comply with all applicable local, state,
				  and/or federal laws relating to handgun testing.
(b) Ensure that any required licensing and/or
				  approvals by any federal, state, and/or local agency having jurisdiction over this
				  laboratory have been obtained and are maintained while holding a DOJ-Certification,
				  including the required COE(s).
(c)
				  Inform staff of any applicable federal, state, and/or local laws, which apply to the
				  jurisdiction in which the laboratory does business, that prohibit a person from
				  possessing firearms, and ensure that persons known to be prohibited from possessing
				  firearms do not have access to, come into contact with, or possess
				  firearms.
(d) Have in its possession at
				  all times while holding DOJ-Certification the equipment identified in section
				  4052, subdivision (b)(1) of these
				  regulations. The DOJ-Certified Laboratory shall maintain and/or calibrate the
				  equipment in accordance with the equipment manufacturer's recommendations and
				  requirements. The DOJ-Certified Laboratory shall ensure that records of such
				  maintenance and calibration are available for use by testing personnel and for
				  inspection by DOJ staff.
1. Change without
					 regulatory effect renumbering section
					 968.42 to section
					 4058, including amendment of subsection
					 (d), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment of subsection (d) filed
					 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without
					 regulatory effect amending subsection (d) and 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
						23515,
						26710,
						29800,
						29805,
						29815,
						29820,
						29825,
						29900,
						31900 and
						32010, Penal
						Code.
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 4060 - Testing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  only persons allowed to conduct handgun testing are authorized staff of the
				  DOJ-Certified Laboratory. In addition to this staff, 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 included 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 additional 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 device 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
				  standards promulgated by the ATF. The DOJ will use this information to determine
				  whether the pistol can be sold in California.
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 4063 - Off-Site Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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:
(1) The off-site location is
				  not more than 100 miles from the primary business address.
(2) The 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.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 5 - Application Fees › Section 4065 - Application Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				  Penal Code sections
				  32010, subdivision
				  (b), and 32015 through 32025, the DOJ shall recover the full costs of laboratory
				  certifications and renewals.
(b)
				  Standard Fees:
(1) Initial Application for
				  DOJ-Certification, Form BOF 019 (Rev. 01/2012), 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) 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.
(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) 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.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 6 - DOJ-Certification Revocation › Section 4066 - DOJ-Certification Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 participate in DOJ-initiated
				  retesting or reinstatement testing as prescribed in sections
				  4073 and
				  4074 of these
				  regulations.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 7 - DOJ-Certification Renewal: DOJ-Certification Renewal Procedures; DOJ-Certification After Expiration › Section 4067 - DOJ-Certification Renewal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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, Form BOF 019 (Rev. 01/2012), 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 operation of law at midnight on the expiration date stated on the
				  DOJ-Certification.
1. Change without
					 regulatory effect renumbering section
					 968.70 to section
					 4067, including amendment of subsection
					 (b), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment of subsection (b) filed
					 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without
					 regulatory effect amending article heading, subsection (b) and 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
						16380,
						16850,
						16900,
						17140,
						23515,
						25610,
						29800,
						29805,
						29815,
						29820,
						29825,
						29900,
						31900,
						31905,
						31910,
						32005,
						32010,
						32015,
						32020,
						32025 and
						32030, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 7 - DOJ-Certification Renewal: DOJ-Certification Renewal Procedures; DOJ-Certification After Expiration › Section 4068 - DOJ-Certification After Expiration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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, Form BOF 019 (Rev.
					 01/2012), together with the initial application fee set forth in section
					 4065, subdivision (b)(1) of these
					 regulations.
1. Change without
					 regulatory effect renumbering section
					 968.71 to section
					 4068, including amendment of section,
					 filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment 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).
Note: Authority cited: Section
						32010, Penal Code.
						Reference: Sections
						31900,
						31905,
						32000 and
						32010, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 8 - Service of Notices, Orders, and Communications › Section 4069 - Service of Notices, Orders, and Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 Laboratory at the address of the applicant or DOJ-Certified Laboratory
				  as shown on the application or DOJ-Certification.
(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.
1. Change without
					 regulatory effect renumbering section
					 968.80 to section
					 4069 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending NOTE filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Sections
						32005,
						32010,
						32015,
						32020,
						32025 and
						32030, Penal Code.
						Reference: Sections
						16380,
						16900,
						17140,
						31900,
						31905,
						31910,
						32005,
						32010,
						32015,
						32020,
						32025,
						32030,
						32100,
						32105 and
						32110, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 9 - Roster of Certified Handguns; Roster of Certified Handgun Listing Renewal Procedures › Section 4070 - Roster of Certified Handguns

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within ten (10) days of the receipt of the
				  Compliance Test Report, Form BOF 021 (Rev. 01/2012), 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. 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.
(b) Within ten (10) 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.
(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) 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) If it is determined that the handgun is in
				  fact unsafe based upon further testing.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 9 - Roster of Certified Handguns; Roster of Certified Handgun Listing Renewal Procedures › Section 4071 - Roster of Certified Handgun Listing Renewal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A handgun model listing on the Roster of Certified Handguns 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 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.
1. Change without
					 regulatory effect renumbering section
					 968.91 to section
					 4071, including amendment of subsection
					 (b), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Amendment of subsection (b) filed
					 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without
					 regulatory effect amending NOTE filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
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.
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 4072 - Fees for the Roster of Certified Handguns

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Penal Code section
				  32015, subdivision
				  (b) the DOJ shall recover the full costs of creating and maintaining the Roster of
				  Certified Handguns by collecting fees from manufacturers/importers of or other
				  parties responsible for handgun models that are listed on the Roster of Certified
				  Handguns.
(b) Standard Fees:
(1) Initial annual listing fee:
$200 for
							 each model
(2) Annual maintenance fee for
							 listing:
$200 for each model
(c)
				  Annual maintenance fees are non-refundable. There is no refund or rebate for
				  discontinuation prior to completion of a full year's listing on the
				  Roster.
1. Change without
					 regulatory effect renumbering section
					 968.95 to section
					 4072 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 subsection (a) and NOTE filed 12-27-2011 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Sections
						32015 and
						32030, Penal Code.
						Reference: Sections
						16380,
						16900,
						17140,
						31910,
						32005,
						32010,
						32015,
						32020,
						32025 and
						32030, Penal
						Code.
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 4073 - Annual Retest of up to 5 Percent of Certified Handgun Models

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Handguns may be
				  selected for retesting randomly, or in instances where the DOJ has reason to
				  believe, or the DOJ has received a substantiated written expressed concern, that a
				  handgun may not be compliant with the law, the DOJ may independently choose a model
				  for retesting.
The DOJ will randomly select a laboratory to conduct retesting.
					 The selected laboratory will be in good standing and will not have conducted the
					 original test that resulted in the selected handgun's approval.
(b) All three handgun samples selected for
				  retesting shall be identical to the model originally submitted to the DOJ for
				  approval, including, but not limited to: caliber, finish, sights, magazine, and
				  grips. The DOJ will pay all costs associated with the retest under section
				  4073 of these regulations.
(c) If a handgun model fails retesting, the DOJ
				  shall remove the handgun model from the Roster of Certified Handguns within 48 hours
				  of receipt and review of the Retest Compliance Test Report (on a form prescribed by
				  the DOJ).
(1) If a handgun model selected for
				  retesting fails, and that model was originally tested under Penal Code sections
				  31905 and
				  31900, all other
				  handguns that were approved as "similars" under Penal Code section
				  32030 based on the
				  results of that original test, will simultaneously be removed from the
				  Roster.
(2) If a handgun model selected
				  for retesting fails, and that model was originally approved as a "similar" under
				  Penal Code section
				  32030, the handgun
				  originally submitted for testing under Penal Code sections
				  31905 and
				  31900, as well as
				  all other handguns that were approved as "similars" based on the original test, will
				  simultaneously be removed from the Roster.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 5 - Laboratory Certification and Handgun Testing › Article 11 - Approval by the Attorney General of Alternative Method of Microstamping Technology › Section 4075 - Application for Approval of Alternative Method of Microstamping Technology

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person or
				  corporation may apply to the Attorney General for approval of an alternative method
				  of microstamping technology.
(b) The
				  application for such approval must be in writing, and must include the following
				  information:
(1) A description of the alternative
				  method of microstamping technology, including a statement explaining how the
				  alternative microstamping method identifies the specific serial number of a pistol
				  from spent cartridge casings discharged by that pistol.
(2) Verification that the alternative method of
				  microstamping technology is unencumbered by any patent restrictions. For purposes of
				  this paragraph, "verification" includes, but is not limited to, the following
				  information: A search, initiated, and paid for by the applicant and conducted by a
				  licensed patent attorney, of the United States Patent Office records within the past
				  30 days indicating that the alternative method of microstamping technology is
				  unencumbered by any patent restrictions.
(3) A report from a DOJ-Certified Laboratory
				  indicating that the alternative method of microstamping technology has been tested
				  by the DOJ-Certified Laboratory as follows:
(A)
				  The DOJ-Certified Laboratory conducted a firing test as described in Penal Code
				  section
				  31905 and complied
				  with section 4060, subdivisions (e) and (g) of these
				  regulations for each of the pistols.
(B)
				  The DOJ-Certified Laboratory examined the first two and last two expended cartridge
				  casings from each pistol (collected pursuant to section
				  4060, subdivisions (e) and (g) of these
				  regulations) and, using a stereo zoom microscope described in section
				  4052 of these regulations, was able to
				  identify the specific serial number of the firing pistol on each expended
				  cartridge.
(C) The DOJ-Certified
				  Laboratory took digital photographs sufficient to adequately document the markings
				  made on the cartridge cases by the microstamp and included such photographs in the
				  application for certification of an alternative microstamping
				  method.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 6 - Certified Firearm Safety Device Laboratories, Firearm Safety Device Standards and Testing, and Standards for Gun Safes › Article 1 - General: Title; Scope; Extensions for Compliance › Section 4080 - Title and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				  chapter shall be known as "Department of Justice Regulations For Certified Firearm
				  Safety Device Laboratories, Firearm Safety Device Standards and Testing, and
				  Standards For Gun Safes," may be cited as such, and is herein referred to as "these
				  regulations."
(b) The provisions of
				  these regulations implement, interpret, and make specific the laboratory
				  certification and firearm safety device (FSD) testing programs mandated by Penal
				  Code sections
				  16540,
				  16610,
				  16870, and
				  23620 through
				  23690, which became
				  effective January 1, 2000. These regulations also establish procedures to create and
				  maintain both a roster of FSD laboratories and a roster of certified FSDs. These
				  regulations additionally establish standards for gun safes and FSD standards and
				  testing requirements. These regulations also apply to any person, firm, and/or
				  corporation that wishes to become a Certified FSD Laboratory.
1. Change without
					 regulatory effect renumbering division 1, chapter 12.6 (articles 1-8, sections
					 977.10-977.90) to division 5, chapter 6
					 (articles 1-8, sections
					 4080-4109) and renumbering section
					 977.10 to section
					 4080 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending chapter heading, section and NOTE filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Sections
						23650 and
						23655, Penal Code.
						Reference: Sections
						23650 and
						23655, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 6 - Certified Firearm Safety Device Laboratories, Firearm Safety Device Standards and Testing, and Standards for Gun Safes › Article 1 - General: Title; Scope; Extensions for Compliance › Section 4081 - Extensions for Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a Certified FSD Laboratory provides the Department of Justice
					 (DOJ) with written proof that through no fault of its own it is not able to meet a
					 deadline provided for in these regulations, the DOJ may grant a temporary extension
					 of time to meet that deadline. Any such extension shall be in writing and shall
					 designate a specific time period for the extension.
1. Change without
					 regulatory effect renumbering section
					 977.15 to section
					 4081 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. 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).
Note: Authority cited: Sections
						23650 and
						23655, Penal Code.
						Reference: Sections
						23650 and
						23655, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 6 - Certified Firearm Safety Device Laboratories, Firearm Safety Device Standards and Testing, and Standards for Gun Safes › Article 3 - Certified Firearm Safety Device Laboratories › Section 4083 - Who Must be a Certified Firearm Safety Device Laboratory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any laboratory
				  wishing to participate in the testing program described in these regulations must
				  first become a Certified FSD Laboratory.
(b) Any proposed change in the ownership of five
				  percent or more of a Certified FSD Laboratory from that reported on the initial
				  application shall require the submission of an Application for Firearms Safety
				  Device Laboratory Certification Form BOF 019A (Rev. 01/2012), by the proposed
				  ownership entity or owners.
1. Change without
					 regulatory effect renumbering section
					 977.30 to section
					 4083 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending article heading, section heading, subsection (b) and NOTE filed 12-27-2011
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Sections
						23650 and
						23655, Penal Code.
						Reference: Sections
						23650 and
						23655, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 6 - Certified Firearm Safety Device Laboratories, Firearm Safety Device Standards and Testing, and Standards for Gun Safes › Article 3 - Certified Firearm Safety Device Laboratories › Section 4085 - Pre-Certification Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 necessary equipment and its ability to properly conduct all of the procedures
				  and tests described in section
				  4095 of these regulations.
1. Change without
					 regulatory effect renumbering section
					 977.32 to section
					 4085, including amendment of subsection
					 (b), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending NOTE filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Sections
						23650 and
						23655, Penal Code.
						Reference: Sections
						23650 and
						23655, Penal
						Code.