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

Universal Citation: 11 CA Code of Regs 4075

Current through Register 2024 Notice Reg. No. 38, September 20, 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.

(c) Upon receipt of a complete application, the Attorney General shall determine both of the following in order to approve the alternative method of microstamping:

(1) That the alternative method of microstamping technology is a method of equal or greater reliability and effectiveness than the method of microstamping described in Section 4060, subdivision (h) of these regulations based upon findings that (1) the method satisfies the requirements of paragraphs (1) and (2) of subdivision (b) of this section; (2) the method utilizes a unique identifier that can be used to ascertain the serial number of the firing pistol; and (3) the method permits the firing weapon to be identified after examination of the spent cartridge casings through AFS.

(2) Certification that the alternative method of microstamping technology is unencumbered by any patent restrictions.

(d) The Attorney General shall notify the applicant in writing of the intent to approve, or the denial of any application for approval of alternative method of microstamping, within 90 days of receiving a complete application. However, notification of the intent to approve an alternative method of microstamping shall not constitute approval by the Attorney General of that alternative method of microstamping technology.

(e) If the approval or denial determinations are delayed by circumstances beyond the control of the Attorney General, the Attorney General shall notify the applicant in writing about when the approval or denial determinations are expected to be made.

(f) Certification and approval of an alternative method of microstamping technology by the Attorney General shall only be made by notice via regulations adopted by the Attorney General for purposes of implementing the alternative method of microstamping technology.

1. New article 11 (section 4075) and section filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
2. Change without regulatory effect amending subsections (a), (b)(3)(A)-(B) and (c)(1) and amendment of NOTE filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).
3. Change without regulatory effect amending subsection (a) filed 10-6-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 40).

Note: Authority cited: Section 31910, Penal Code. Reference: Sections 16380, 16900, 17140, 31905, 31910 and 32000, Penal Code.

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