Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
only persons allowed to conduct handgun testing are authorized staff of the
DOJ-Certified Laboratory. In addition to this staff, representatives of the
manufacturer/importer and/or the DOJ shall be allowed to be present during testing.
Any such representative(s) shall not participate in the testing. However, if deemed
necessary by the staff of the DOJ-Certified Laboratory, representative(s) of the
manufacturer/importer may be asked to provide advice and/or guidance regarding the
characteristics, handling, and/or operation of the handgun.
(b) Prior to beginning the required testing the
DOJ-Certified Laboratory shall determine whether the safety device described in
Penal Code section
31910(a)(1) or
(b)(1) is present.
(1) If the DOJ-Certified Laboratory needs guidance
in making this determination, the information required by section
4059, subdivision (d) of these
regulations should be consulted. If the DOJ-Certified Laboratory is still not able
to make this determination, they should contact the manufacturer/importer for
additional information. Any additional information received from the
manufacturer/importer shall be included with the information submitted pursuant to
section 4059, subdivision (d) of these
regulations.
(2) If a DOJ-Certified
Laboratory is still uncertain whether a positive manually operated safety device is
present on a pistol even after it receives additional information, the firing and
drop tests should be performed. If the pistol passes these tests, the laboratory
should submit the pistol to the DOJ with a letter explaining the steps taken to
determine whether the positive manually operated safety device is present. The
laboratory must indicate its preliminary decision regarding the positive manually
operated safety device. The letter should also include any information that would
support the position taken by the laboratory. This includes a description of the
positive manually operated safety device(s) incorporated into the pistol's design
and an explanation of how this design replicates the positive manually operated
safety device of a pistol design that has already been determined to meet the
standards promulgated by the ATF. The DOJ will use this information to determine
whether the pistol can be sold in California.
(c) Prior to beginning the required testing, the
DOJ-Certified Laboratory shall verify that:
(1)
Every centerfire semiautomatic pistol has a functioning chamber load
indicator.
(2) Every centerfire or
rim-fire semiautomatic pistol which accepts a detachable magazine has a functioning
magazine disconnect mechanism.
(3) Every
semiautomatic pistol complies with the microstamping requirement for semiautomatic
pistols set forth in Penal Code section
31910, subdivision
(b)(6) by following the procedures set forth in subdivisions (e),(g), and (h) of
this section.
(d)
(1) A functioning chamber load indicator must meet
all of the following conditions:
(A) Explanatory
text and/or graphics either incorporated within the chamber load indicator or
adjacent to the chamber load indicator is/are permanently displayed by engraving,
stamping, etching, molding, casting, or other means of permanent marking.
(B) Each letter of explanatory text must have a
minimum height of
1/16 inch.
(C) The explanatory text and/or graphics shall be
of a distinct visual contrast to that of the firearm.
(D) The "loaded" indication, that portion of the
chamber load indicator that visually indicates there is a round in the chamber,
shall be of a distinct color contrast to the firearm.
(E) Only when there is a round in the chamber, the
"loaded" indication is visible on the firearm from a distance of at least
twenty-four inches. When there is no round in the chamber, the "loaded" indication
must not be visible.
(F) The text and/or
graphics and the "loaded" indication together inform a reasonably foreseeable adult
user of the pistol, that a round is in the chamber, without requiring the user to
refer to a user's manual or any other resource other than the pistol
itself.
(2) A functioning
magazine disconnect mechanism must prevent the ammunition primer from being struck
with a pull of the trigger or attempted pull of the trigger whenever a detachable
magazine is not inserted in the pistol.
(e) Prior to conducting the "firing requirements
for handguns" test of a semiautomatic pistol required by Penal Code section
31905, the
DOJ-Certified Laboratory shall fire each handgun of that make and model of
semiautomatic pistol two times. After firing the pistol two times, the DOJ-Certified
Laboratory shall collect the two cartridge casings expended from that pistol, store
the casings in a container labeled with the FIN of the pistol from which they were
expended and indicating that the two cartridges were expended immediately preceding
the firing test, and retain the casings for possible later analysis. The cartridge
casings shall be analyzed pursuant to the procedures set forth in subdivision (h) of
this section only upon successful completion of the "firing requirements for
handguns" test of the semiautomatic pistol.
(f) The "firing requirement for handguns" is the
first test to be undertaken by the DOJ-Certified Laboratory. The firing test shall
be conducted in the manner prescribed in Penal Code section
31905 and in
accordance with the following:
(1) For the
purposes of determining whether a handgun passes the "firing requirement for
handguns," "malfunction" includes any failure to operate as designed including the
failure of a pistol's slide to remain open after a manufacturer-approved magazine
has been expended, provided that the handgun was designed by the manufacturer to
remain open.
(2) If the
manufacturer/importer markets and/or recommends that the handgun model is designed
to handle multiple cartridges, the standard ammunition used during the firing test
shall be the more powerful marketed/recommended cartridge. However, the
DOJ-Certified Laboratory shall not use any standard ammunition known to be beyond
the design limits of the handgun and/or known not to function in the
handgun.
(3) If a pistol has multiple
chambers the 600 rounds shall be evenly apportioned between the chambers.
(4) The DOJ-Certified Laboratory shall 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
(a)(2).
(5) Should a handgun fail the
"firing requirements for handguns" test, three handguns of that make and model must
be re-submitted for the firing test. Handguns that do not pass the "firing
requirements for handguns" test may not be submitted for the "drop safety
requirement for handguns" testing.
(g) As soon as possible after successful
completion of the "firing requirements for handguns" test of a semiautomatic pistol,
the DOJ-Certified Laboratory shall fire each handgun of that make and model of
semiautomatic pistol two additional times. After firing the pistol two additional
times, the DOJ-Certified Laboratory shall collect the two cartridge casings expended
from that pistol and store the cartridges in a container labeled with the FIN of the
pistol, indicating that the two cartridges were expended immediately following the
firing test, and keeping them separate and apart from the cartridge casings expended
and collected from the same pistol prior to conducting the "firing requirements for
handguns" test pursuant to subdivision (e) of this section.
(h) In order to verify compliance with the
microstamping requirement for semiautomatic pistols set forth in Penal Code section
31910, subdivision
(b)(6), the DOJ-Certified Laboratory shall use the following procedures and criteria
to examine the cartridge casings collected from each tested semiautomatic pistol
(pursuant to subdivisions (e) and (g) of this section) to determine whether a FIN
was transferred by imprinting onto each cartridge case when the pistol was fired.
(1) Using a stereo zoom microscope described in
section 4052 of these regulations, the
DOJ-Certified Laboratory shall examine each of the cartridge casings collected prior
to and after the "firing requirements for handguns" test to verify that the pistol
has transferred an imprint or etching in at least two places on each cartridge
casing. So long as the pistol's complete FIN can be identified from the one or more
etchings on each cartridge casing, the pistol will meet the microstamping
requirements of Penal Code section
31910, subdivision
(b)(6).
(2) The DOJ-Certified Laboratory
shall take digital photographs sufficient to adequately document the markings made
on the cartridge cases by the microstamp.
(3) The DOJ-Certified Laboratory shall repeat the
examination process described above for each set of cartridge casings expended from
each tested pistol of that make and model of semiautomatic pistol. If each cartridge
casing from each set of expended cartridge casings satisfies paragraph (1) above,
then the DOJ-Certified Laboratory shall certify that the model of semiautomatic
pistol complies with the microstamping requirement set forth in Penal Code section
31910, subdivision
(b)(6).
(i) The "drop safety
requirement for handguns" is the last test to be undertaken by the DOJ-Certified
Laboratory. The drop tests shall be conducted in the manner prescribed in Penal Code
section
31900 and in
accordance with the following:
(1) The drop height
of 1 m + 1 cm - 0 cm (39.4 in. + 0.4 in. - 0 in.) shall be measured from the
lowermost portion of the handgun as situated in the drop fixture to the top surface
of the required concrete slab. The required concrete slab shall rest upon a firm
surface and the face of the slab shall be perpendicular to the direction of the
drop. If a handgun has an exposed hammer, the hammer shall be fully cocked during
each drop test. When dropped the handgun shall initially strike the face of the
required concrete slab and then come to rest without interference.
(2) The primed cases used during the drop test
shall be produced by the ammunition manufacturer of and made from the same cases and
primers as the standard ammunition that is used during the firing test as set forth
in sections 4059, subdivision (e) and 4060,
subdivision (e)(2) of these regulations.
(3) If a pistol has multiple chambers and/or
firing pins, the tests shall be conducted as follows. For each of the drop tests a
primed case will be placed in each chamber. If the hammer or firing pin alternates
between chambers, the pistol will be dropped once for each hammer or firing pin
position.
(4) Minimal damage, such as
broken grips or sights, can and will occur during the course of the drop testing.
Damage and/or breakage that affects the overall dimensions of the handgun shall be
repaired prior to continuing the drop tests. After each of the first five drop tests
the DOJ-Certified Laboratory shall determine whether the handgun has been rendered
incapable of firing a primed case prior to conducting the next drop test. If so, the
handgun model shall either be repaired, or the test shall be stopped and three new
handguns must be submitted for testing beginning with the "firing requirement for
handguns."
(5) After examining the
primed case(s) for indentations after each drop test, each primed case shall be
fired to determine whether the primer was functional. If not, the drop test shall be
repeated with a new primed case(s). A new primed case(s) will be used for the next
drop test.
(6) Should a handgun fail the
"drop safety requirement for handguns," or be found incapable of firing a primed
case, three new handguns of that make and model must be submitted for testing
beginning with the "firing requirements for handguns" test.
(j) A DOJ representative may request and shall be
provided with spent or unspent rounds of and/or the packaging for the standard
ammunition that is being used for firing tests. A DOJ representative may also
request and shall be provided with the packaging for and/or used or unused primed
cases that are being used for drop tests.
(k) The same three handguns that pass the "firing
requirements for handguns" test must also pass the "drop safety requirement for
handguns" before that make and model can be considered for certification.
(l) The DOJ-Certified Laboratory shall report a
handgun to the DOJ as "not unsafe" only if it has passed the required testing, has
been found to comply with the microstamping requirement for semiautomatic pistols
pursuant to subdivision (h) of these regulations, if applicable, and the laboratory
has confirmed that any chamber load indicator and/or magazine disconnect identified
pursuant to subdivisions (c) and (d) of this section continues to function upon
completion of the required testing.
1. Change without
regulatory effect renumbering section
968.44 to section 4060, including
amendment of subsections (b)(1) and (f)(2), filed 6-28-2006 pursuant to section
100, title 1, California Code of
Regulations (Register 2006, No. 26).
2. Amendment filed 1-31-2011;
operative 3-2-2011 (Register 2011, No. 5).
3. Change without regulatory
effect amending subsections (b)-(b)(1), (c)(4), (e)-(f), (f)(4), (h)-(h)(1) and
(h)(3)-(i)(2) 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
relettering and amending subsection (c)(1) to subsection (c), renumbering and
amending subsections (c)(2)-(4) to (c)(1)-(3) and amending subsections (h)-(h)(1)
and (h)(3) filed 10-6-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 40).
Note: Authority cited: Sections
16380,
16900,
17140,
31900,
31905,
31910 and
32010, Penal Code.
Reference: Sections
16380,
16900,
17140,
31900,
31905,
31910,
32000,
32005,
32010,
32015,
32020,
32025 and
32030, Penal
Code.
