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

Universal Citation: 11 CA Code of Regs 4053

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

(b) If the DOJ denies an application for DOJ-Certification, a Notice of Denial will be provided to the applicant laboratory. The Notice shall specify all grounds on which the denial is based.

(c) An applicant laboratory that has been served with a Notice of Denial may request a hearing. The written request must be received by the DOJ no later than 20 days from the date of service of the Notice of Denial. If a hearing is requested, it will be conducted in accordance with the Administrative Procedure Act, Government Code section 11500 et seq. Failure to make a written request for a hearing within the time specified above constitutes a waiver of the right to a hearing. If this failure occurs or if the applicant laboratory withdraws its appeal, the denial shall be final.

1. Change without regulatory effect renumbering section 968.33 to section 4053, including amendment of subsections (a)(2) and (a)(4), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Amendment of subsections (a)(2) and (a)(4) filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without regulatory effect amending subsections (a)(2), (a)(4), (a)(7)-(9) and (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: Section 32010, Penal Code. Reference: Sections 16380, 16850, 16900, 17140, 25610, 31900, 31905, 31910 and 32010, Penal Code; and Sections 11500, 11501, 11502, 11503, 11504, 11504.5, 11506, 11507, 11507.3, 11507.5, 11507.6, 11507.7, 11508, 11509, 11511, 11511.5, 11511.7, 11512, 11513, 11514, 11515, 11516, 11517, 11518, 11518.5, 11519, 11519.1, 11520, 11521, 11522, 11523, 11524, 11526, 11527, 11528 and 11529, Government Code.

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