1. (a) If a handgun model is certified as having passed the required testing, the DOJ-Certified Laboratory shall submit to the DOJ a completed Compliance Test Report and one of the tested handguns in accordance with Penal Code section 32010. The Compliance Test Report shall be on Form BOF 021 which shall require all of the information identified in subdivision (a) of section 4062 of these regulations, and be signed by the person authorized to sign on behalf of the DOJ-Certified Laboratory. The DOJ will allow DOJ-Certified Laboratories to develop and use automated formats for the Compliance Test Report provided the proposed format presents the information in the same order and with the same wording as Form BOF 021.
2. (b) The Compliance Test Report shall be submitted by the DOJ-Certified Laboratory within ten (10) working days of the completion of the testing. Failure to submit the required Compliance Test Report to the DOJ within the time frame identified above shall not invalidate the results of the testing. However, the DOJ-Certified Laboratory may be subject to inspection by the DOJ to determine whether grounds exist to revoke the DOJ-Certification.

3. (c) Manufacturers/Importers are prohibited from placing any statement on the handgun itself, the labeling, and/or accompanying user information that in any way states, implies, and/or otherwise suggests that the model has been determined not to be unsafe until such time as the model has successfully completed testing at a DOJ-Certified Laboratory, and a letter of compliance for the model tested has been issued to the manufacturer by the DOJ. At that time, the manufacturer/importer may place the following statement in the required user information:

   “The manufacturer/importer certifies that this model of handgun has been tested and has been determined not to be an unsafe handgun as defined in California Penal Code section 31910.”

Note: Authority cited: Section 32010, Penal Code. Reference: Sections 31900, 31905, 32005, 32010, 32015, 32020, 32025 and 32030, Penal Code.

History

1. Change without regulatory effect renumbering section 968.45 to section 4061, including amendment of subsection (a), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).

2. Amendment of subsection (a) filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).

3. Change without regulatory effect amending subsections (a) and (c) and amending Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).

4. Amendment of subsection (a) filed 10-6-2025; operative 10-6-2025. Submitted to OAL for filing and printing only pursuant to Penal Code section 27534.2 (Register 2025, No. 41).