Cal. Code Regs. Tit. 11, § 4109 - Appeal Process for DOJ Exclusion of a Fsd Model from the Roster of Approved Firearm Safety Devices

(a) Upon DOJ-initiated removal of a model of an FSD from the Roster of Approved Firearm Safety Devices, or a refusal by the DOJ to list a model of an FSD on the roster, the DOJ shall immediately notify the manufacturer, dealer, or other affected party of interest of the action.

(b) The manufacturer, dealer, or affected party of interest may, within 30 days following the date of removal, appeal the DOJ action by providing the DOJ with the following:

(1) Written request to appeal the removal.

(2) Evidence supporting any claim that the DOJ may have acted improperly in its exclusion of the FSD from the roster or in its refusal to list the device on the roster.

(3) Evidence that the FSD meets the standards described in these regulations.

(4) Any other information that the manufacturer, dealer, or other affected party of interest deems of importance.

(5) Any other information that the DOJ deems necessary to determine whether the FSD meets the standards described in these regulations.

(c) Within 30 days after the deadline prescribed in subdivision (b) of this section, the DOJ shall consider all relevant facts regarding the FSD and make a determination regarding whether that FSD qualifies to be listed on the Roster of Approved Firearm Safety Devices. If the DOJ makes a finding that the device qualifies for listing on the roster, the DOJ shall immediately add that device to the Roster of Approved Firearm Safety Devices.

Notes

Cal. Code Regs. Tit. 11, § 4109

1. Change without regulatory effect renumbering section 977.90 to section 4109 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 heading, 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 23650 and 23655, Penal Code.

1. Change without regulatory effect renumbering section 977.90 to section 4109 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 heading, section and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).