reglab/statecodes huggingface dataset:
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 4086 - Grounds for Denial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An initial
				  Application for FSD Laboratory 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
				  4091, subdivision (a) of these
				  regulations.
(3) Is wholly or partly
				  owned by, a part of, financed by, or in any other way financially supported by any
				  firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. As
				  used in this subdivision, financial support does not apply to situations wherein an
				  applicant laboratory provides testing services to a firearms and/or FSD
				  manufacturer/importer, wholesaler, distributor, or dealer.
(4) Fails to demonstrate the ability to conduct
				  the required testing as set forth in section
				  4095 of these regulations in an
				  impartial, technically sound manner. Failure includes not having and using the
				  equipment required by said subdivision.
(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 FSD
				  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
				  firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. This
				  would also apply to any employee(s) directly involved in FSD 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 firearms and/or
				  FSD manufacturer/importer, wholesaler, distributor, or dealer. This would also apply
				  to any employee(s) directly involved in FSD 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
				  firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. This
				  would also apply to any employee(s) directly involved in FSD 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 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 4087 - Certification Period for Certified Firearm Safety Device Laboratories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The period of certification shall be two years from the date of
					 issuance.
1. Change without
					 regulatory effect renumbering section
					 977.34 to section
					 4087 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 heading 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 4088 - Processing Times. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 977.35 to section
					 4088 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 repealing section filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Section
						15376,
						Government Code; and Sections
						12088 and
						12088.2, Penal Code.
						Reference: Section
						15376,
						Government Code; and Sections
						12088 and
						12088.2, 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 4089 - Appeal Process. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 977.36 to section
					 4089 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 repealing section filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Section
						15378,
						Government Code; and Sections
						12088 and
						12088.2, Penal Code.
						Reference: Section
						15378,
						Government Code; and Sections
						12088 and
						12088.2, 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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4090 - Absence of Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Certified FSD 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
				  firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. As
				  used in this subdivision, financial support does not apply to situations wherein an
				  applicant laboratory provides testing services to a firearm and/or FSD
				  manufacturer/importer, wholesaler, distributor, or dealer.
(b) None of the employee(s) directly involved in
				  FSD testing, or the owner(s), shareholder(s), partner(s), officer(s), and/or
				  director(s) of the Certified FSD Laboratory will:
(1) Have any contractual, organizational,
				  employment or other financial involvement and/or relationship (spouse(s), children,
				  sibling(s), parent(s), or in-law(s)) with any firearms and/or FSD
				  manufacturer/importer, wholesaler, distributor, or dealer.
(2) Be a firearms and/or FSD
				  manufacturer/importer, wholesaler, distributor, or dealer.
(3) Have any direct, indirect, or beneficial
				  interest aggregating $1,000 or more in any entity that is a firearms and/or FSD
				  manufacturer/importer, wholesaler, distributor, or dealer.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4091 - Security and Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Certified FSD Laboratory shall have written security procedures if firearms are to
				  be stored and/or transported by the laboratory. The laboratory staff shall be
				  informed of these written procedures, and these procedures shall be made available
				  to the DOJ upon request. The procedures shall address, and the laboratory shall
				  comply with, all of the following security and safety procedures:
(1) The firearm(s) shall be stored unloaded by one
				  of the following methods:
(A) Locked in a secure
				  room that is a part of, or that constitutes, the licensee's business premises away
				  from any general living or work area. All doors leading into the room shall be solid
				  core with a dead-bolt lock or the equivalent.
(B) In a locked safe that meets the standards for
				  gun safes as defined in section
				  4100 of these regulations or a vault in
				  the licensee's business premises.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4092 - Licensing/Minimum Standards Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Certified FSD Laboratory shall at all times:
(a) Comply with all applicable local, state, and
				  federal laws relating to FSD testing.
(b) Ensure that any required licensing and/or
				  approvals by any federal, state, and/or local agency having jurisdiction over the
				  laboratory have been obtained and are maintained, including the required
				  COE(s).
(c) Ensure that staff are
				  informed of all 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 the
				  equipment identified in section
				  4095, subdivision (b) of these
				  regulations. The laboratory shall maintain and/or calibrate the equipment in
				  accordance with the equipment manufacturer's recommendations and requirements. The
				  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
					 977.42 to section
					 4092, including amendment of subsection
					 (d), filed 6-28-2006 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. Change without regulatory effect
					 amending subsections (a) and (d) and 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.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4093 - Firearms Safety Devices Testing and Submission Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each FSD submitted for testing shall not be
				  modified in any way from one of the same model that would be sold if certification
				  is granted. If it is determined by the DOJ that a DOJ-approved FSD is modified in
				  any way from those that are being sold after certification has been granted, the DOJ
				  will immediately remove that model of FSD from the Roster of Approved Firearm Safety
				  Devices and may recall the FSD pursuant to Penal Code section
				  23680.
(b) Four FSDs of each model to be tested shall be
				  submitted to the Certified FSD Laboratory. Three of the devices are to be utilized
				  by the laboratory for testing pursuant to section
				  4095, subdivision (c) of these
				  regulations, and the other device is to be utilized for testing pursuant to section
				  4095, subdivisions (d) and (e) of these
				  regulations and forwarded by the laboratory to the DOJ pursuant to section
				  4096, subdivision (a) of these
				  regulations. FSD manufacturers or dealers may supply any information that they
				  believe may be needed by the laboratory for proper and safe operation of the FSD.
				  The following information shall be provided in the English language with each FSD
				  model submitted for testing:
(1) The model name
				  and model number of the FSD.
(2) A
				  description of the FSD.
(3) A
				  description of how the FSD is intended to function and how the user should install
				  and operate (activate/deactivate) the FSD.
(4) The type, make, or model of firearm(s) for
				  which the FSD is designed.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4094 - Firearms Safety Device Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The FSD
				  shall be of a design that will not allow its removal or deactivation except by
				  utilizing a key, combination, or other unique method as intended by the manufacturer
				  to allow access only by authorized users, within the standards set forth in these
				  regulations.
(1) Combination locking systems shall
				  have a minimum of 1,000 possible unique combinations consisting of a minimum of
				  three numbers, letters, or symbols per combination.
(2) Key locking systems shall be unique to the
				  manufacturer's FSD(s).
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4095 - Testing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The tests in this section are designed to replicate the forces
					 that would be exerted on FSDs through the use of common household tools for an
					 approximate ten-minute period.
(a) The only
				  persons allowed to conduct FSD testing are authorized staff of the Certified FSD
				  Laboratory. In addition to this staff, representatives of the FSD manufacturer or
				  dealer 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 laboratory, representative(s) of the FSD manufacturer or dealer
				  may be asked to provide advice and/or guidance regarding the characteristics,
				  handling, and/or operation of the FSD.
(b) Each laboratory testing an FSD pursuant to
				  these regulations must comply with the following test criteria relative to each FSD
				  tested:
(1) All tests shall be conducted within the
				  following tolerances as applicable:
(A) Force:
				  0.5% of working range.
(B) Height: +/-
				  3mm (0.12 inches).
(C) Torque: 4.0% of
				  reading.
(D) Weight: +/- 10 grams (.02
				  pounds).
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4097 - Required Records, Retention Periods, Reporting Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Certified FSD Laboratory shall, for a
				  minimum of five years from the date of the Firearm Safety Device Compliance Test
				  Report Form BOF 021A (Rev. 01/2012), maintain sufficient records to support the
				  results of any and all such reports. The following information is required to be
				  recorded, reported, and maintained:
(1) The name
				  and address of the Certified FSD Laboratory that conducted the test.
(2) The name and address of the FSD manufacturer
				  or dealer that submitted the FSD model for testing, as well as the name and
				  telephone number of a contact person of the submitting manufacturer or dealer. If
				  the DOJ submitted the FSD, this fact shall be noted in the records.
(3) Date, time, and location of the testing, and
				  any off-site equipment and/or facilities that are used during any portion of the
				  testing.
(4) The unique reference
				  number/identifier issued by the Certified FSD Laboratory for the testing.
(5) The results of each phase of the required
				  testing.
(6) The date the report was
				  submitted to the DOJ.
(7) The name and
				  telephone number of a contact person who should be contacted if there are any
				  questions regarding the testing and/or the report.
(8) The make, model, construction material, and
				  type of FSD tested.
(9) The make, model,
				  caliber, barrel length, and type of each firearm on which the laboratory tested the
				  device.
(10) Identification of the
				  manufacturer and type of primer used in the primed cases used in the
				  testing.
(11) An identification of each
				  of the tests that was performed on the FSD tested.
(12) A statement that the FSD meets each of the
				  standards for FSDs prescribed in these regulations.
(13) The names and business affiliation of all
				  persons who have witnessed any part of the testing procedure.
(14) The name(s) and title(s) of laboratory staff
				  who conducted and/or performed the required testing.
(15) The signature of the lead person who
				  conducted the testing along with that person's title and printed name, and the date
				  of signature.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4098 - Off-Site Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Certified
				  FSD Laboratory may not utilize any FSD testing equipment and/or facilities that are
				  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 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 6 - Certified Firearm Safety Device Laboratories, Firearm Safety Device Standards and Testing, and Standards for Gun Safes › Article 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4100 - Gun Safe Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An acceptable gun safe is either one the following:
(a) A gun safe that meets all of the following
				  standards:
(1) Shall be able to fully contain
				  firearms and provide for their secure storage.
(2) Shall have a locking system consisting of at
				  minimum a mechanical or electronic combination lock. The mechanical or electronic
				  combination lock utilized by the safe shall have at least 10,000 possible
				  combinations consisting of a minimum three numbers, letters, or symbols. The lock
				  shall be protected by a case-hardened (Rc 60+) drill-resistant steel plate, or
				  drill-resistant material of equivalent strength.
(3) Boltwork shall consist of a minimum of three
				  steel locking bolts of at least 1/2 -inch thickness that intrude from the door of
				  the safe into the body of the safe or from the body of the safe into the door of the
				  safe, which are operated by a separate handle and secured by the lock.
(4) A gun safe shall be capable of repeated use.
				  The exterior walls shall be constructed of a minimum 12-gauge thick steel for a
				  single-walled safe, or the sum of the steel walls shall add up to at least 0.100
				  inches for safes with two walls. Doors shall be constructed of a minimum one layer
				  of 7-gauge steel plate reinforced construction or at least two layers of a minimum
				  12-gauge steel compound construction.
(5) Door hinges shall be protected to prevent the
				  removal of the door. Protective features include, but are not limited to: hinges not
				  exposed to the outside, interlocking door designs, dead bars, jeweler's lugs and
				  active or inactive locking bolts.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4101 - Gun Safe - Proof of Ownership of an Acceptable Gun Safe

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The firearms
				  purchaser or transferee may establish proof of ownership of an acceptable gun safe
				  by providing the firearms dealer with both of the following:
(1) A receipt for purchase of the gun safe or an
				  affidavit stating ownership and possession of the gun safe.
(2) An affidavit stating that the gun safe meets
				  the standards set forth by section
				  4100 of these regulations. The
				  affidavit must state the make and model of the gun safe and must state that the gun
				  safe is capable of accommodating the firearm being purchased. The affidavit must
				  contain the statement "I declare under penalty of perjury that all statements made
				  in this affidavit are true and complete." This statement shall be signed and dated
				  by the firearms purchaser or transferee. For any gun safe which does not display a
				  make and/or model but otherwise meets the acceptable gun safe standard, the term
				  "unknown" will be considered an acceptable entry in the make and/or model fields of
				  the affidavit stating ownership of an acceptable gun safe.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4102 - Lock Box - Proof of Ownership of an Acceptable "Lock Box" Type Firearm Safety Device

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  firearms purchaser or transferee may establish proof of ownership of an acceptable
				  lock box that is listed on the Roster of Approved Firearm Safety Devices by
				  providing the firearms dealer with both of the following:
(1) A receipt for purchase of the lock
				  box.
(2) An affidavit stating that the
				  lock box is listed on the Roster of Approved Firearm Safety Devices and will
				  accommodate the firearm(s) that is being taken into possession. The affidavit must
				  state the make and model of the lock box and that the lock box is capable of
				  accommodating the firearm(s) being purchased. The affidavit must contain the
				  statement "I declare under penalty of perjury that all statements made in this
				  affidavit are true and complete." This statement shall be signed and dated by the
				  firearms purchaser or transferee.
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 4 - Operational Requirements, Firearm Safety Device Standards, Gun Safe Standards, Proof of Purchase or Ownership of a Gun Safe, Affixation of Required Warning › Section 4103 - Required Warning Notice - Affixation to Firearms Sold Without Accompanying Packaging

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any firearms dealer who sells or transfers a firearm that does
					 not have accompanying packaging bearing the warning statement specified in Penal
					 Code section
					 23640 shall, using a
					 string, rubber band, or similar device, affix a warning label described in Penal
					 Code section
					 23640 to that
					 firearm.
1. Change without
					 regulatory effect renumbering section
					 977.55 to section
					 4103 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: Section
						23640, Penal Code.
						Reference: Section
						23640, 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 5 - DOJ Suspension or Revocation of Firearm Safety Device Laboratory Certification › Section 4104 - DOJ Suspension or Revocation of Firearm Safety Device Laboratory Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  DOJ may suspend or revoke a laboratory's FSD Laboratory Certification for any of the
				  following:
(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 4086 of these
				  regulations.
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 6 - Firearm Safety Device Laboratory Certification Renewal; Firearm Safety Device Laboratory Certification After Expiration › Section 4105 - Firearm Safety Device Laboratory Certification Renewal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An FSD Laboratory Certification must be renewed prior to
					 expiration in order to remain valid. The procedure for FSD Laboratory Certification
					 renewal is as follows:
(a) The DOJ will
				  mail an application to the laboratory 60 days prior to the expiration date of the
				  FSD Laboratory Certification.
(b) The
				  Certified FSD Laboratory wishing to renew its FSD Laboratory Certification shall
				  submit to the DOJ an Application for Firearm Safety Device Laboratory Certification,
				  Form BOF 019A (Rev. 01/2012).
(c) When
				  all applicable requirements are met and the application has been processed, the DOJ
				  will renew the laboratory's FSD Laboratory Certification.
(d) If a laboratory fails to comply with these
				  renewal requirements, the FSD Laboratory Certification shall expire by operation of
				  law at midnight on the expiration date stated on the FSD Laboratory
				  Certification.
1. Change without
					 regulatory effect renumbering section
					 977.70 to section
					 4105 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 6 - Firearm Safety Device Laboratory Certification Renewal; Firearm Safety Device Laboratory Certification After Expiration › Section 4106 - Firearm Safety Device Laboratory Certification After Expiration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an FSD Laboratory Certification has expired and not been
					 renewed prior to the stated expiration date, the person, firm, or corporation
					 wishing to renew certification shall make a new application to the DOJ on an
					 Application for Firearms Safety Device Laboratory Certification, Form BOF 019A (Rev.
					 01/2012).
1. Change without
					 regulatory effect renumbering section
					 977.71 to section
					 4106 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 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 7 - Service of Notices, Orders, and Communications › Section 4107 - 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
				  Certified FSD Laboratory at the address shown on the Application for Firearm Safety
				  Device Laboratory Certification, Form BOF 019A (Rev. 01/2012).
(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
					 977.80 to section
					 4107 filed 6-28-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 26).
2. 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
						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 8 - Roster of Approved Firearm Safety Devices, Appeal Process › Section 4108 - Roster of Approved Firearm Safety Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within ten (10) days of the receipt of the
				  Firearm Safety Device Compliance Test Report Form BOF 021A (Rev. 01/2012), and one
				  FSD, from the Certified FSD Laboratory; the DOJ will determine whether the FSD may
				  be placed on California's Roster of Approved Firearm Safety Devices. After the
				  determination by the DOJ that the FSD may be listed, the DOJ will add the FSD to the
				  roster of Approved Firearm Safety Devices.
(b) Within ten (10) days of the receipt of the
				  request from an FSD manufacturer or dealer to add an FSD to the Roster of Approved
				  Firearm Safety Devices, the DOJ will determine whether the FSD may be listed without
				  testing. If the DOJ finds that the FSD may be listed, the DOJ will add the FSD to
				  the roster.
(c) An FSD may be excluded
				  from the Roster of Approved Firearm Safety Devices for any of the following reasons:
(1) If it is determined that the FSDs submitted
				  for testing were modified in any way from those that were sold after certification
				  was granted.
(2) If it is determined
				  that the FSD does not meet established standards based upon further
				  testing.
(3) If the FSD manufacturer or
				  dealer requests that the FSD be removed from the roster.
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 8 - Roster of Approved Firearm Safety Devices, Appeal Process › Section 4109 - Appeal Process for DOJ Exclusion of a Fsd Model from the Roster of Approved Firearm Safety Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				  DOJ-initiated removal of a model of an FSD from the Roster of Approved Firearm
				  Safety Devices, or a refusal by the DOJ to list a model of an FSD on the roster, the
				  DOJ shall immediately notify the manufacturer, dealer, or other affected party of
				  interest of the action.
(b) The
				  manufacturer, dealer, or affected party of interest may, within 30 days following
				  the date of removal, appeal the DOJ action by providing the DOJ with the following:
(1) Written request to appeal the
				  removal.
(2) Evidence supporting any
				  claim that the DOJ may have acted improperly in its exclusion of the FSD from the
				  roster or in its refusal to list the device on the roster.
(3) Evidence that the FSD meets the standards
				  described in these regulations.
(4) Any
				  other information that the manufacturer, dealer, or other affected party of interest
				  deems of importance.
(5) Any other
				  information that the DOJ deems necessary to determine whether the FSD meets the
				  standards described in these regulations.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 1 - General Provisions › Section 4125 - Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter shall be known as the "Department of Justice
					 Regulations on Dangerous Weapons," may be cited as such and are referred to herein
					 as "these regulations."
1. Change without
					 regulatory effect renumbering division 1, chapter 12.5 (articles 1-7, sections
					 970-976.4) to division 5, chapter 7
					 (articles 1-7, sections
					 4125-4153) and renumbering section
					 970 to section
					 4125 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
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720 and
						33300, Penal Code.
						Reference: Sections
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720 and
						33300, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 1 - General Provisions › Section 4126 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of these regulations shall apply to the
					 possession, transportation, and/or sales of dangerous weapons as defined in section
					 4127 of these
					 regulations.
1. Change without
					 regulatory effect renumbering section
					 970.1 to section
					 4126, including amendment of section,
					 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
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715.
						32720 and
						33300, Penal Code.
						Reference: Sections
						18900,
						18905,
						18910,
						32650,
						32700,
						32705,
						32710,
						32715,
						32720 and
						33300, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 2 - Licenses and Permits › Section 4128 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided
				  in sections
				  30900 through
				  30945,
				  31050,
				  31055, and
				  31100 of the Penal
				  Code, no person shall possess, transport, or sell any dangerous weapon in this state
				  unless they have been granted a license and/or permit pursuant to these
				  regulations.
(b) No license or permit
				  shall be issued to any applicant who fails to establish good cause for such license
				  or permit and that such license or permit would not endanger the public
				  safety.
(c) To establish good cause, an
				  applicant must provide the DOJ with clear and convincing evidence that there is a
				  bona fide market or public necessity for the issuance of a dangerous weapons license
				  or permit and that the applicant can satisfy that need without endangering public
				  safety. Except as provided by Penal Code section
				  33300, good causes
				  recognized by the DOJ to establish a bona fide necessity for the issuance of
				  licenses or permits includes the following:
(1)
				  Sales to and/or manufacture for sales to law enforcement, military and/or dangerous
				  weapon licensees/permittees.
(2)
				  Training, research and development; and/or manufacturing pursuant to government
				  contract.
(3) Use and/or manufacture of
				  dangerous weapons as props in commercial motion picture, television production, or
				  other commercial entertainment events.
(4) Possession for the purpose of maintaining a
				  collection of destructive devices as defined in Penal Code section
				  16460 but such
				  possession shall not be allowed for short-barreled shotguns, short-barreled rifles,
				  machineguns or assault weapons.
(5)
				  Repair and maintenance of dangerous weapons lawfully possessed by others.
(6) Use of dangerous weapons in activities
				  sanctioned by government military agencies by members of those agencies.
(7) The sale of assault weapons and/or the
				  manufacture of assault weapons for the sale to, purchase by, or possession of
				  assault weapons by: the agencies listed in Penal Code section
				  30625, and the
				  officers described in Penal Code section
				  30630; entities and
				  persons who have been issued assault weapon permits; entities outside the state who
				  have, in effect, a federal firearms dealer's license solely for the purpose of
				  distribution to an entity listed herein; federal law enforcement and military
				  agencies; law enforcement and military agencies of other states; and foreign
				  governments and agencies approved by the United States Department of
				  State.
(8) Use of dangerous weapons for
				  the design, manufacture, demonstration, and sales of dangerous weapons accessories
				  to law enforcement and military agencies, qualifying peace officers, and California
				  dangerous weapons licensee/permittees.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 2 - Licenses and Permits › Section 4129 - Limited Term Licenses/Permits; Conditions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering section
					 972.1 to section
					 4129 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 heading, subsection (a) and NOTE filed 12-27-2011 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
3. Change without regulatory effect
					 renumbering former section
					 4129 to section
					 4142 filed 1-28-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 5).
Note: Authority cited: Sections
						18900,
						18905,
						32650,
						32700,
						32705,
						32710,
						32715 and
						33300, Penal Code.
						Reference: Sections
						18900,
						18905,
						32650,
						32655,
						32700,
						32705,
						32710,
						32715 and
						33300, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4130 - Sales

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Documentation
				  required to determine bona fide necessity for sales and demonstration for the
				  purpose of sales of dangerous weapons includes the following:
(1) A list of counties in California where the
				  applicant plans to sell dangerous weapons.
(2) Expressions of interest from a Chief of Police
				  or designee, Sheriff or designee, or head of a government agency or designee in each
				  specified county indicating the number and type of dangerous weapons they plan to
				  buy during the next 18 months and a statement that the agency will consider
				  purchasing dangerous weapons from the applicant.
(3) The number of demonstrations the applicant
				  intends to conduct, the specific agencies to which the applicant intends to
				  demonstrate, and the number/type of dangerous weapons to be used in the
				  demonstrations.
(4) The number/type of
				  dangerous weapons the applicant plans to have in inventory for demonstrations, and a
				  statement indicating whether these dangerous weapons are for sale.
(5) A plan to notify law enforcement or government
				  agencies concerning demonstrations and/or sales.
(6) Letters from manufacturers authorizing an
				  applicant to represent their dangerous weapons for sale.
(7) A list of manufacturers, makes, and models of
				  dangerous weapons that the applicant plans to market.
(8) A plan to deliver dangerous weapons once a
				  sale is made.
(9) A plan for the
				  disposal of dangerous weapons taken in trade.
(10) A history of the applicant's experience in
				  the handling and demonstrations of dangerous weapons.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4131 - Training; Research and Development; and/or Manufacturing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Documentation required to determine bona fide
				  necessity for training; research & development; and/or manufacturing of
				  dangerous weapons pursuant to Government contract includes the following:
(1) Current copies of government agency
				  contracts.
(2) Detailed statements of
				  objectives of the training, research & development, and/or manufacturing
				  including time frames of the effort and a projected completion
				  date.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4132 - Commercial Motion Picture, Television Production, or Other Commercial Entertainment Event

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Documentation required to determine bona fide necessity for possession or
				  manufacturing of dangerous weapons for commercial motion picture, television
				  production, or other commercial entertainment event includes the following:
(1) If an agent of a studio, the applicant must
				  provide a letter of need and verification of employment from the studio.
(2) If an agent of a rental company or an
				  independent property master, the applicant must provide letters of interest from the
				  studios.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4133 - Collection of Destructive Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Documentation required to determine bona fide
				  necessity for collecting destructive devices includes the following:
(1) A written statement from applicant certifying
				  that they are a bona fide collector of destructive devices. The statement must
				  identify the weapons or ordnance of interest to the collector and an estimate of the
				  intended size of the collection.
(2) A
				  written statement from applicant certifying that the weapon or ordinance will not be
				  fired or discharged.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4134 - Repair and Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Documentation required to determine bona fide necessity for repair of dangerous
				  weapons includes the following:
(1) The applicant
				  must provide evidence of expertise in the specific weaponry (i.e., educational
				  certificates/diplomas, employment history, experience).
(2) Letters of interest must be provided from
				  individuals/agencies indicating a need for applicant to repair or maintain their
				  weaponry.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 7 - Dangerous Weapons › Article 3 - Documentation of Necessity › Section 4135 - Activities Sanctioned by Military-Assault Weapons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Documentation required to determine bona fide
				  necessity for use of personal assault weapons by military personnel in sanctioned
				  activities includes the following:
(1) A current
				  copy of the applicant's official identification card.
(2) The applicant must provide a letter, signed by
				  the applicant's Base Commander, stating that such a need exists.