Cal. Code Regs. tit. 11 § 4256

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 4256 - Safe Handling Demonstration Steps Applicability and Definitions

(a) The safe handling demonstration steps specified in this article are generally applicable to the various models of each firearm "type" (e.g. pump action long gun, break-top revolver, etc.). However, they may not be appropriate for a particular firearm model. If necessary, the DOJ Certified Instructor will inform the firearm recipient of the safe handling demonstration steps for the firearm being delivered.

(b) If only the serialized or finished frame or receiver of a weapon is being delivered, no safe handling demonstration is required.

(c) If the DOJ Certified Instructor determines the firearm being delivered uses a cartridge size/type for which no dummy round is available on the retail market, the safe handling demonstration may be performed without using a dummy round.

(d) The firearm recipient must safely perform each step of the safe handling demonstration from start to finish without error. If an error is made at any time during the demonstration, the firearm recipient must start over from step number one.

(e) The DOJ Certified Instructor must provide instruction regarding how to render the firearm safe in the event of a jam (malfunction).

(f) Upon successful completion of the safe handling demonstration, the DOJ Certified Instructor, firearm recipient, and firearms dealer (or dealer authorized employee) must sign and date a Safe Handling Demonstration Affidavit, BOF 039 (Rev. 01/2015), which is hereby incorporated by reference. If the DOJ Certified Instructor is also the licensed firearms dealer or an employee of the dealer, the DOJ Certified Instructor is authorized to sign the affidavit as both the DOJ Certified Instructor and as the dealer/employee delivering the firearm.

(g) As used in this article, a "dummy round" must be brightly colored orange, red, or otherwise readily identifiable. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used.

(h) As used in this article, "muzzle awareness" means the firearm is pointed in a safe direction, preferably down at the ground.

(i) As used in this article, "trigger discipline" means the trigger finger is outside of the trigger guard and alongside the frame or receiver, at all times. In the event the firearm doesn't have a trigger guard, the trigger finger should be kept in line with the barrel(s).

Cal. Code Regs. Tit. 11, § 4256

1. New article 4 (sections 4256-4258) and 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 article 4 (sections 4256-4258) and 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 article 4 (sections 4256-4258) and 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 transmitted to OAL 2-9-2016 and filed 3-23-2016 (Register 2016, No. 13).
5. Change without regulatory effect amending subsection (f) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).

Note: Authority cited: Sections 26850, 26853, 26856, 26859 and 26860, Penal Code. Reference: Sections 26850, 26853, 26856, 26859, 26860, 32000 and 32110, Penal Code.