Section 4073 - Annual Retest of up to 5 Percent of Certified Handgun Models(a) Handguns may be selected for retesting randomly, or in instances where the DOJ has reason to believe, or the DOJ has received a substantiated written expressed concern, that a handgun may not be compliant with the law, the DOJ may independently choose a model for retesting. The DOJ will randomly select a laboratory to conduct retesting. The selected laboratory will be in good standing and will not have conducted the original test that resulted in the selected handgun's approval.
(b) All three handgun samples selected for retesting shall be identical to the model originally submitted to the DOJ for approval, including, but not limited to: caliber, finish, sights, magazine, and grips. The DOJ will pay all costs associated with the retest under section 4073 of these regulations.(c) If a handgun model fails retesting, the DOJ shall remove the handgun model from the Roster of Certified Handguns within 48 hours of receipt and review of the Retest Compliance Test Report (on a form prescribed by the DOJ). (1) If a handgun model selected for retesting fails, and that model was originally tested under Penal Code sections 31905 and 31900, all other handguns that were approved as "similars" under Penal Code section 32030 based on the results of that original test, will simultaneously be removed from the Roster.(2) If a handgun model selected for retesting fails, and that model was originally approved as a "similar" under Penal Code section 32030, the handgun originally submitted for testing under Penal Code sections 31905 and 31900, as well as all other handguns that were approved as "similars" based on the original test, will simultaneously be removed from the Roster.(d) Upon receipt and review of a Retest Compliance Test Report showing a handgun failing the testing procedure, a Notice of Removal will be sent by DOJ within 48 hours to the manufacturer or importer who originally submitted the handgun for testing or listing.(e) Handguns removed from the Roster as a result of failed retesting will not be credited or refunded any fees, including, but not limited to, initial annual listing fees and annual maintenance fees.Cal. Code Regs. Tit. 11, § 4073
1. Change without regulatory effect renumbering section 968.97 to section 4073, including amendment of subsection (b), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Amendment of subsections (b) and (c)(1)-(2) filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without regulatory effect amending subsections (c)(1)-(2) and amendment of NOTE filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52). Note: Authority cited: Section 32020, Penal Code. Reference: Sections 32015, 32020 and 32025, Penal Code.
1. Change without regulatory effect renumbering section 968.97 to section 4073, including amendment of subsection (b), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Amendment of subsections (b) and (c)(1)-(2) filed 1-31-2011; operative 3-2-2011 (Register 2011, No. 5).
3. Change without regulatory effect amending subsections (c)(1)-(2) and amendment of Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).