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

Universal Citation: 11 CA Code of Regs 4052

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

(2) For the firing test:
(A) Fire 100 rounds through a semiautomatic pistol, stopping for 5 to 10 minutes after the first 50 rounds have been fired to allow the weapon to cool, and stopping as needed to refill the empty magazine to capacity before continuing. After the 100 rounds have been fired, tighten any loose screws and clean the gun in accordance with the manufacturer's instructions.

(B) Fire 100 rounds through a revolver, stopping for 5 to 10 minutes after the first 50 rounds have been fired to allow the weapon to cool, and stopping as needed to refill the empty cylinder to capacity before continuing. After the 100 rounds have been fired, tighten any loose screws and clean the gun in accordance with the manufacturer's instructions.

(C) Demonstrate the method to be used to determine whether there is any crack or breakage of an operating part of the handgun that increases the risk of injury to the user as set forth in Penal Code section 31905, subdivision (c)(2).

(3) For the drop tests:
(A) Have the following testing equipment available for inspection by DOJ staff:
(i) a drop test fixture capable of dropping a handgun from a drop height of 1 m + 1 cm - 0 cm (39.4 in. + 0.4 in. - 0 in.).

(ii) a height gauge capable of measuring the required drop height.

(iii) one or more concrete slabs with minimum dimensions of 7.5 X 15 X 15 cm (3 X 6 X 6 in.).

(B) Demonstrate that the drop test fixture is in proper working order by dropping an object of the approximate size and weight of a handgun from the fixture. The object shall drop and come to rest without interference on or near the required concrete slab which shall rest upon a firm surface.

(C) Demonstrate the ability to position a handgun in the drop fixture at the required drop height and in each of the six drop positions identified in Penal Code section 31900.

(c) The handguns and ammunition used during the demonstration shall be supplied by the applicant laboratory. The DOJ reserves the right to supply the handguns and ammunition used during the demonstration.

1. Change without regulatory effect renumbering section 968.32 to section 4052 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Amendment of section and NOTE filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without regulatory effect amending subsections (a), (b)(2)(C), (b)(3)(A)(i) and (b)(3)(C) 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 16380, 16900, 17140, 31900, 31905, 31910, 32010 and 32030, Penal Code. Reference: Sections 16380, 16900, 17140, 26710, 31910 and 32010, Penal Code.

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