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 4059 - Which Handguns Must be Tested, Who May Submit Handguns, Submission Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Pursuant to Penal Code section
				  32010, subdivision
				  (a), any pistol, revolver, or other firearm capable of being concealed upon the
				  person manufactured in this state, imported into the state for sale, kept for sale,
				  or offered or exposed for sale, shall be tested by a DOJ-Certified Laboratory. The
				  handguns submitted for testing shall not be modified in any way from those that
				  would be sold if certification is granted. If it is determined by the DOJ that the
				  handguns submitted for testing are modified in any way from those that are being
				  sold after certification has been granted, that model will be immediately removed
				  from the Roster of Certified Handguns.
(b) Pursuant to Penal Code section
				  32030, a handgun
				  model shall be deemed not to be unsafe if another handgun model has already been
				  determined not to be unsafe and the untested handgun differs from the tested handgun
				  only as specified in subdivision (a) of that section. Such handguns will be reviewed
				  on a case-by-case basis by the DOJ to determine whether or not a new test will be
				  required.
(c) Other than the DOJ, only
				  the manufacturer/importer of a handgun model is authorized to submit that handgun
				  model to a DOJ-Certified Laboratory for testing.
(d) Three handguns of each model to be tested
				  shall be submitted to the DOJ-Certified Laboratory. Manufacturers/Importers may
				  supply any information that they believe may be needed by the laboratory for proper
				  and safe operation of the handgun. The following information shall be supplied in
				  the English language with each handgun model submitted for testing:
(1) Instructions for field disassembly/assembly
				  and diagram(s) identifying all parts.
(2) Cleaning instructions. These may be different
				  from and in addition to the instructions that are provided when the handgun model is
				  sold.
(3) A description of each safety
				  feature designed into the handgun, how each safety feature is intended to function,
				  and for those under shooter control, how the shooter should operate
				  (activate/deactivate) each safety feature.
(4) A statement regarding the ammunition the
				  manufacturer/importer markets and/or recommends that the handgun being tested is
				  designed to handle. This may also include information on ammunition known to be
				  beyond the design limits of the handgun and/or known not to function in the
				  handgun.
(5) A statement by the
				  manufacturer indicating that for each handgun of the make and model of semiautomatic
				  pistol submitted for testing:
(i) the pistol is
				  designed and equipped with a FIN etched or otherwise imprinted in two or more places
				  on the interior surface or internal working parts of the pistol that are transferred
				  by imprinting on each cartridge case expended from the pistol when the pistol is
				  fired; and
(ii) the pistol's complete FIN
				  can be identified from the one or more etchings on each cartridge
				  casing.
(6) The FIN for each
				  handgun of the make and model of semiautomatic pistol to be tested. The FIN shall
				  also be displayed or recorded on the manufacturer's packaging of any semiautomatic
				  pistol which is manufactured, caused to be manufactured, imported into the state for
				  sale, kept for sale, offered or exposed for sale, given, or lent in the state and
				  subject to the microstamping requirement set forth in Penal Code section
				  31910, subdivision
				  (b)(6). The FIN must be clearly marked as the FIN wherever the serial number of the
				  pistol is displayed or recorded on the packaging of such a
				  pistol.