Section 4091 - Security and Safety(a) The Certified FSD Laboratory shall have written security procedures if firearms are to be stored and/or transported by the laboratory. The laboratory staff shall be informed of these written procedures, and these procedures shall be made available to the DOJ upon request. The procedures shall address, and the laboratory shall comply with, all of the following security and safety procedures: (1) The firearm(s) shall be stored unloaded by one of the following methods: (A) Locked in a secure room that is a part of, or that constitutes, the licensee's business premises away from any general living or work area. All doors leading into the room shall be solid core with a dead-bolt lock or the equivalent.(B) In a locked safe that meets the standards for gun safes as defined in section 4100 of these regulations or a vault in the licensee's business premises.(2) If the firearm(s) are 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 firearms in a secure room, cabinet or box which shall be locked while unattended.(4) When transporting a firearm for delivery to an authorized recipient or off-site testing location, the firearm 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 when outside of California.(5) Any firearm not actively being used in the testing of an FSD shall be stored pursuant to subdivision (a)(1) of this section. Any firearm to be shipped from the laboratory shall be stored pursuant to subdivision (a)(1) of this section until arrival of the person authorized to receive the firearm or until laboratory personnel are prepared to transport the firearm for delivery to an authorized recipient.(6) The Certified FSD Laboratory shall maintain proper inventory control and shall report any firearm that is lost or stolen to the submitting party, if applicable, the local law enforcement agency, and the DOJ within ten (10) working days of discovery of the loss or theft. The report shall include, but shall not be limited to, the make, model, serial number, and caliber of the firearm. The laboratory shall maintain the following records relating to any such firearms: the type, make, model, caliber, barrel length, category, and serial number of the lost/stolen firearm; the date of the loss/theft; the date the loss/theft was reported to the submitting party (if applicable), local law enforcement, and the DOJ; and any case/report number(s) assigned by the local law enforcement agency to the loss/theft. The laboratory shall maintain these records for at least ten (10) years.(b) The Certified FSD Laboratory shall at all times ensure that: (1) All persons conducting, supervising and/or observing FSD 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 firearm handling and operational practices as defined in all applicable federal, state, and/or local laws. Staff shall also ensure that no ammunition shall be present in the FSD testing area during testing.(4) The following warning in block letters not less than one inch in height shall be conspicuously posted within all areas where FSD testing is performed: "NO AMMUNITION SHALL BE PRESENT IN OR AROUND THIS TESTING AREA DURING FIREARM SAFETY DEVICE TESTING, OR IN THE POSSESSION OF ANY PERSONNEL ACTIVELY ENGAGED IN CONDUCTING FIREARM SAFETY DEVICE TESTS."
Cal. Code Regs. Tit. 11, § 4091
1. Change without regulatory effect renumbering section 977.41 to section 4091, including amendment of subsection (a)(1)(B), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending section and NOTE filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52). Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 16850, 23650, 23655 and 25610, Penal Code.
1. Change without regulatory effect renumbering section 977.41 to section 4091, including amendment of subsection (a)(1)(B), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending section and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).