Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
DOJ-Certified Laboratory shall have written security procedures if handguns are to
be stored and/or transported by the DOJ-Certified Laboratory. DOJ-Certified
Laboratory staff shall be informed of these written procedures which shall be
available upon request, and include all of the following:
(1) The handgun(s) shall be stored unloaded in a
safe or a secure room which shall be locked while unattended, and shall meet all of
the following requirements:
(A) A safe shall be
certified to/listed as meeting Underwriters Laboratories Residential Security
Container rating standards by a Nationally Recognized Testing Laboratory
(NRTL).
(B) A secure room shall be away
from any general living or work area. All doors leading into a secure storage room
shall be solid core with a dead-bolt lock or the equivalent, or the handgun(s) shall
be stored in an anchored, locked metal box in the room. Anchored is defined as
either permanently mounted to the floor or having a gross weight of 1,000 pounds or
more so that heavy equipment or tools would be required to remove the box. Any
secure storage room with direct entries, including windows and skylights, from the
exterior of the building shall have: steel window guards (not recommended for
private residences); an audible, silent or sonic alarm to detect entry; or a 24-hour
security guard service.
(2) If
the handgun(s) will be stored at a location different from the principal place of
business, or at the applicant's residence and that residence is rented/leased, the
applicant shall submit to the DOJ written approval from the owner and the location
shall meet all security requirements.
(3) Ammunition shall be stored separately from the
handguns in a secure room, cabinet or box which shall be locked while
unattended.
(4) When transporting a
handgun for delivery to an authorized recipient or off-site testing location, the
handgun shall be transported as required by Penal Code sections
16850 and
25610, or as
required by any applicable federal, state, and/or local statute and/or ordinance if
outside of California.
(5) Any handgun
not actively being tested shall be locked in the safe or the secure room or box.
Upon receipt, a handgun shall be placed in the laboratory's safe or the secure room
or box until testing is commenced. Any handgun to be shipped from the laboratory
shall be kept in the safe or secure room or locked metal box until arrival of the
person authorized to receive the handgun or until laboratory personnel are prepared
to transport the handgun for delivery to an authorized recipient.
(6) Any handgun that is lost or stolen shall be
reported within ten (10) working days to the submitting manufacturer/importer, local
law enforcement agency, and DOJ. The DOJ-Certified Laboratory shall maintain the
following records relating to any such handguns: the type, make, model, caliber,
barrel length, category, and serial number of the lost/stolen handgun; the date of
the loss/theft; the date the loss/theft was reported to the submitting
manufacturer/importer, local law enforcement, and DOJ; and any case/report number(s)
assigned by the local law enforcement agency to the loss/theft. The DOJ-Certified
Laboratory shall maintain these records for at least ten (10)
years.
(b) The DOJ-Certified
Laboratory shall at all times ensure that:
(1) All
persons conducting, supervising and/or observing handgun testing under this program
have and use personal safety equipment that meets or exceeds applicable current
federal, state and/or local standards and the requirements of any occupational
and/or industrial safety agency having jurisdiction over the laboratory and its
activities.
(2) The design and operation
of the laboratory's facilities meet or exceed applicable current federal, state
and/or local standards and/or requirements.
(3) Laboratory testing staff are familiar with and
exercise safe firearms handling and operational practices as defined in all
applicable federal, state, and/or local laws.
(4) The following warning in block letters not
less than one inch in height is conspicuously posted within all areas where drop
testing is performed:
"NO AMMUNITION SHALL BE PRESENT IN OR AROUND THIS DROP TESTING
AREA OR IN THE POSSESSION OF ANY PERSONNEL ACTIVELY ENGAGED IN CONDUCTING DROP
TESTS."
1. Change without
regulatory effect renumbering section
968.41 to section 4057 filed 6-28-2006
pursuant to section
100, title 1, California Code of
Regulations (Register 2006, No. 26).
2. Amendment of subsections
(a)(1)(A) and (a)(4) filed 1-31-2011; operative 3-2-2011 (Register 2011, No.
5).
3. Change without regulatory effect amending subsections (a)(3)-(4)
and 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
16850,
25610 and
32010, Penal
Code.
