California Code of Regulations
Title 11 - Law
Division 5 - Firearms Regulations
Chapter 5 - Laboratory Certification and Handgun Testing
Article 4 - Operational Requirements: Absence of Conflict of Interest; Security and Safety Requirements; Licensing/Minimum Standards Compliance; Which Handguns Must be Tested, Who May Submit Handguns, Submission Requirements; Testing Procedures; Test Reporting; Required Records, Retention Periods, Reporting Changes; off-Site Locations; Inspections
Section 4059 - Which Handguns Must be Tested, Who May Submit Handguns, Submission Requirements
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Pursuant to Penal Code section 32010, subdivision (a), any pistol, revolver, or other firearm capable of being concealed upon the person manufactured in this state, imported into the state for sale, kept for sale, or offered or exposed for sale, shall be tested by a DOJ-Certified Laboratory. The handguns submitted for testing shall not be modified in any way from those that would be sold if certification is granted. If it is determined by the DOJ that the handguns submitted for testing are modified in any way from those that are being sold after certification has been granted, that model will be immediately removed from the Roster of Certified Handguns.
(b) Pursuant to Penal Code section 32030, a handgun model shall be deemed not to be unsafe if another handgun model has already been determined not to be unsafe and the untested handgun differs from the tested handgun only as specified in subdivision (a) of that section. Such handguns will be reviewed on a case-by-case basis by the DOJ to determine whether or not a new test will be required.
(c) Other than the DOJ, only the manufacturer/importer of a handgun model is authorized to submit that handgun model to a DOJ-Certified Laboratory for testing.
(d) Three handguns of each model to be tested shall be submitted to the DOJ-Certified Laboratory. Manufacturers/Importers may supply any information that they believe may be needed by the laboratory for proper and safe operation of the handgun. The following information shall be supplied in the English language with each handgun model submitted for testing:
(e) The manufacturer/importer shall be allowed, but not required, to provide the standard ammunition to be used during the firing test provided that, if applicable, it is the more powerful cartridge marketed/recommended by the manufacturer/importer. The manufacturer/importer shall be allowed to inspect any laboratory supplied standard ammunition before testing begins. The manufacturer/importer or DOJ-Certified Laboratory shall indicate the ammunition lot number on the Compliance Test Report. Notwithstanding the above, the DOJ may allow a handgun to be tested with newly designed non-standard ammunition that is not yet "available for purchase at consumer-level retail outlets." Any such ammunition shall be commercially produced and factory loaded.
1. Change without
regulatory effect renumbering section
968.43 to section 4059 filed 6-28-2006
pursuant to section
100, title 1, California Code of
Regulations (Register 2006, No. 26).
2. Amendment of subsections (a) and
(b), new subsections (d)(5)-(6) and amendment of subsection (e) filed 1-31-2011;
operative 3-2-2011 (Register 2011, No. 5).
3. Change without regulatory
effect amending subsections (a)-(b) and (d)(5)-(6) and amending NOTE filed
12-27-2011 pursuant to section
100, title 1, California Code of
Regulations (Register 2011, No. 52).
4. Change without regulatory effect
amending subsections (d)(5)-(6) and amending NOTE filed 10-6-2022 pursuant to
section 100, title 1, California Code of
Regulations (Register 2022, No. 40).
Note: Authority cited: Sections 31900, 31905, 31910 and 32010, Penal Code. Reference: Sections 16380, 16900, 17140, 31900, 31905, 31910, 32005, 32010, 32015, 32020, 32025 and 32030, Penal Code.
