Cal. Code Regs. Tit. 11, § 4049 - Definition of Key Terms

(a) "ATF" means the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

(b) "COE" means a Certificate of Eligibility issued by the California Department of Justice pursuant to Penal Code section 26710, subdivisions (a) through (c) after a check of state and federal files has determined that at the time the check was performed, and based upon available information, the applicant was not a person who was prohibited from possessing firearms pursuant to state and federal laws.

(c) "Completed Application" means a completed Application for DOJ-Certification, Form BOF 019 (Rev. 01/2012); copies of any applicable licenses and/or certificates; any additional sheets used to provide full and complete answers to questions on the application; copies of the laboratory's written procedures relating to security and prohibited persons; and the application fee.

(d) "Compliance Test Report" means a report completed by a DOJ-Certified Laboratory after a handgun model has met the requirements of Penal Code sections 31900 and 31905 and these regulations.

(e) "Corporation" means any entity organized under California Corporations Code section 102, subdivision (a) or similar statute if not a California corporation.

(f) "Day" means a calendar day unless otherwise specified in these regulations.

(g) "DOJ" means the California Department of Justice.

(h) "DOJ-Certification" means the DOJ certificate issued as evidence of compliance with the DOJ laboratory certification requirements as set forth in these regulations.

(i) "DOJ-Certified Laboratory" means a laboratory that has applied for and been granted DOJ-Certification.

(j) "FIN" means the firearm identification number comprised of a unique array of characters that identify the make, model, and serial number of each pistol subject to the microstamping requirement for semiautomatic pistols set forth in Penal Code section 31910, subdivision (b)(6) and which can be used to identify the pistol when it is traced through DOJ's Automated Firearms System (AFS). The FIN shall consist of at least eight, but no more than 12, unique alpha and/or numeric characters that must begin with the manufacturer's NCIC MAK code.

(k) "Firm" means a business unit, enterprise, or partnership of two or more persons, that is not recognized as a legal person distinct from the members comprising the entity.

(l) "Identical magazines" means magazines submitted for, and used during, testing shall not be of a higher functional quality, which might result in improved performance from those provided to retail customers.

(m) "Local license" means any regulatory and/or business license issued by a city, county, and/or other local government agency.

(n) "Manufacturer/Importer" means either a manufacturer of domestically produced handguns or, if one exists, a legal successor in interest or another person with the consent of the manufacturer; and/or a federally licensed importer of foreign manufactured handguns.

(o) "Model" means the manufacturer's/importer's designation which uniquely identifies a specific design of handgun subject to the descriptive limitations imposed by Penal Code section 32030, subdivision (a).

(p) "Pistol" means a handgun in which the chamber is part of the barrel. A pistol can either be semiautomatic or non-semiautomatic, but not fully automatic.

(q) "Reasonable access" means that areas and/or items to be inspected by an authorized DOJ employee are free from physical obstruction and/or other impediments that would make access difficult and/or unsafe.

(r) "Refined or modified" means an improvement applied to the test handguns, that is not made to retail handguns, which may result in improved performance during testing. Refining or modifying a handgun includes, but is not limited to, using material preparation, assembly techniques, or break-in processes that are different from those used to produce retail models.

(s) "Responsible party" includes, but is not limited to, firearm manufacturers/importers and law enforcement agencies.

(t) "Revolver" means a handgun with a cylinder having several chambers so arranged as to rotate around an axis and be discharged successively by the same firing mechanism through a common barrel.

(u) "Roster of Certified Handguns" means a list of all pistols and revolvers that have been tested by a DOJ-Certified Laboratory, have been determined not to be unsafe handguns, and that may be sold in California pursuant to Penal Code section 32010. The roster will list, for each firearm, the manufacturer, model number, model name, and other information deemed necessary by the DOJ to facilitate identifying that handgun model.

(v) "Similar" means a handgun listed on the Roster of Certified Handguns that was not subject to testing because it satisfied the requirements of Penal Code section 32030.

(w) "Standard ammunition" means commercially produced factory loaded ammunition which is available for purchase at consumer-level retail outlets.

Notes

Cal. Code Regs. Tit. 11, § 4049

1. Change without regulatory effect renumbering section 968.20 to section 4049 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Repealer and new section filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. 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).
4. Change without regulatory effect amending subsection (j) 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, 32005, 32010, 32015, 32020, 32025 and 32030, Penal Code. Reference: Sections 16380, 16900, 17140, 23515, 26710, 29800, 29805, 29815, 29820, 29825, 29900, 31900, 31905, 31910, 32000, 32005, 32010, 32015, 32020, 32025, 32030, 32100, 32105 and 32110, Penal Code; Section 102, subdivision (a), Corporations Code; and Chapter 44 Sections 920 et seq., Title 18 of the United States Code.

1. Change without regulatory effect renumbering section 968.20 to section 4049 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Repealer and new section filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. 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).
4. Change without regulatory effect amending subsection (j) filed 10-6-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 40).