Section 4253 - Fsc Test Topics, Guidelines, Scoring, and Recordkeeping(a) The FSC test consists of 30 questions (10 true/false, 20 multiple choice) covering, but not limited to, the following topics specified in Penal Code section 31640: (1) The laws applicable to carrying and handling firearms, particularly handguns.(2) The responsibilities of ownership of firearms, particularly handguns.(3) Current law as it relates to the private sale and transfer of firearms.(4) Current law as it relates to the permissible use of lethal force.(5) What constitutes safe firearm storage.(6) Issues associated with bringing a firearm into the home.(7) Prevention strategies to address issues associated with bringing firearms into the home.(b) Only DOJ Certified Instructors are authorized to administer the FSC test.(c) DOJ Certified Instructors may give only administrative instructions to an FSC test applicant while the applicant is taking the test.(d) FSC test applicants may not use any notes, review materials, or obtain assistance from any person once the applicant begins the FSC test. DOJ Certified Instructors must maintain adequate supervision at all times to ensure the applicant does not receive outside assistance.(e) If an FSC test applicant is unable to read, a translator may be used to administer the test orally. The DOJ Certified Instructor must inform the translator that only the language of an FSC test may be read or interpreted. No further explanation of the questions or answers to the questions may be provided.(f) FSC test applicants are not permitted to keep a copy of their test or answer sheet.(g) FSC test applicants must correctly answer at least 23 of the 30 questions to pass the test and receive an FSC.(h) If an applicant fails the FSC test, after 24 hours have elapsed, the applicant may take a different version of the FSC test without any additional fee (one free retest). The retest must be taken from the same DOJ Certified Instructor except upon permission by the Department, which shall be granted only for good cause shown. The instructor shall make themself available to the applicant during regular business hours in order to retake the test.(i) If the DOJ Certified Instructor observes a test applicant using reference materials or receiving unauthorized assistance while taking the FSC test, the applicant is automatically disqualified. (1) The DOJ Certified Instructor must note their observations and reasons for the disqualification on the back of the applicant's test answer sheet and sign & date the answer sheet.(2) Fifteen dollars ($15) must be returned to the applicant because no FSC will have been issued. The applicant may retake the test after 24 hours have elapsed but the applicant will be required to pay the entire twenty five dollar ($25) fee regardless of whether the disqualification occurred on the first or second attempt at taking the FSC test.(j) DOJ Certified Instructors must retain all completed FSC test answer sheets for five years from the test date. The completed answer sheets must be made available for inspection upon request by any peace officer, or authorized DOJ personnel upon presentation of proper identification.Cal. Code Regs. Tit. 11, § 4253
1. New section filed 3-9-2015 as an emergency; operative 3-9-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-31-2015 as an emergency; operative 8-31-2015 (Register 2015, No. 36). A Certificate of Compliance must be transmitted to OAL by 11-30-2015 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-23-2015 as an emergency; operative 11-23-2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-23-2015 order, including amendment of subsection (h), transmitted to OAL 2-9-2016 and filed 3-23-2016; amendments operative 3-23-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 13).
5. Change without regulatory effect amending subsections (c)-(d), (h) and (i)(2) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50). Note: Authority cited: Sections 31640 and 31645, Penal Code. Reference: Sections 31625, 31635, 31640 and 31645, Penal Code.
1. New section filed 3-9-2015 as an emergency; operative 3-9-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-31-2015 as an emergency; operative 8-31-2015 (Register 2015, No. 36). A Certificate of Compliance must be transmitted to OAL by 11-30-2015 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-23-2015 as an emergency; operative 11-23-2015 (Register 2015, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-23-2015 order, including amendment of subsection (h), transmitted to OAL 2-9-2016 and filed 3-23-2016; amendments operative 3-23-2016 pursuant to Government Code section 11343.4(b)(3)(Register 2016, No. 13).
5. Change without regulatory effect amending subsections (c)-(d), (h) and (i)(2) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).