Section 4059 - Which Handguns Must be Tested, Who May Submit Handguns, Submission Requirements(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: (1) Instructions for field disassembly/assembly and diagram(s) identifying all parts.(2) Cleaning instructions. These may be different from and in addition to the instructions that are provided when the handgun model is sold.(3) A description of each safety feature designed into the handgun, how each safety feature is intended to function, and for those under shooter control, how the shooter should operate (activate/deactivate) each safety feature.(4) A statement regarding the ammunition the manufacturer/importer markets and/or recommends that the handgun being tested is designed to handle. This may also include information on ammunition known to be beyond the design limits of the handgun and/or known not to function in the handgun.(5) A statement by the manufacturer indicating that for each handgun of the make and model of semiautomatic pistol submitted for testing: (i) the pistol is designed and equipped with a FIN etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol that are transferred by imprinting on each cartridge case expended from the pistol when the pistol is fired; and(ii) the pistol's complete FIN can be identified from the one or more etchings on each cartridge casing.(6) The FIN for each handgun of the make and model of semiautomatic pistol to be tested. The FIN shall also be displayed or recorded on the manufacturer's packaging of any semiautomatic pistol which is manufactured, caused to be manufactured, imported into the state for sale, kept for sale, offered or exposed for sale, given, or lent in the state and subject to the microstamping requirement set forth in Penal Code section 31910, subdivision (b)(6). The FIN must be clearly marked as the FIN wherever the serial number of the pistol is displayed or recorded on the packaging of such a pistol.(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.Cal. Code Regs. Tit. 11, § 4059
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.
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).