Section 4093 - Firearms Safety Devices Testing and Submission Requirements(a) Each FSD submitted for testing shall not be modified in any way from one of the same model that would be sold if certification is granted. If it is determined by the DOJ that a DOJ-approved FSD is modified in any way from those that are being sold after certification has been granted, the DOJ will immediately remove that model of FSD from the Roster of Approved Firearm Safety Devices and may recall the FSD pursuant to Penal Code section 23680.(b) Four FSDs of each model to be tested shall be submitted to the Certified FSD Laboratory. Three of the devices are to be utilized by the laboratory for testing pursuant to section 4095, subdivision (c) of these regulations, and the other device is to be utilized for testing pursuant to section 4095, subdivisions (d) and (e) of these regulations and forwarded by the laboratory to the DOJ pursuant to section 4096, subdivision (a) of these regulations. FSD manufacturers or dealers may supply any information that they believe may be needed by the laboratory for proper and safe operation of the FSD. The following information shall be provided in the English language with each FSD model submitted for testing: (1) The model name and model number of the FSD.(2) A description of the FSD.(3) A description of how the FSD is intended to function and how the user should install and operate (activate/deactivate) the FSD.(4) The type, make, or model of firearm(s) for which the FSD is designed.(c) The DOJ may approve an untested FSD and list that FSD on the Roster of Approved Firearm Safety Devices subject to all of the following: (1) The DOJ shall review each FSD submitted pursuant to this subdivision on a case-by-case basis to determine whether or not a new test will be required.(2) A model of FSD made by the same manufacturer must already be listed on the Firearm Safety Device Roster and the device submitted for approval pursuant to this subdivision shall differ from the listed FSD in only the following: (A) Finish, including, but not limited to, color or engraving.(B) Any feature that does not in any way alter the material or functioning of any of the components of the FSD. Dimensional changes in an FSD may be approved by the DOJ without additional testing on a case-by-case basis when the dimensional changes do not alter the device's ability to operate in the same manner demonstrated in the laboratory.(C) Change in name or model number without affecting the design or function of the FSD.(3) Any manufacturer seeking to have an FSD approved under this subdivision shall provide the DOJ with all of the following: (A) The model name and model number of the listed FSD.(B) The model name and model number of each FSD the manufacturer seeks to have listed under this section.(C) A statement, under oath, that each unlisted FSD for which listing is sought differs from the listed FSD only in one or more of the ways identified by this subdivision and is in all other respects identical to the listed FSD.(D) The DOJ may, at its discretion and at any time, require a manufacturer to provide to the DOJ an example of any FSD model for which listing is sought under this section, to determine whether the model complies with the requirements of this section.Cal. Code Regs. Tit. 11, § 4093
1. Change without regulatory effect renumbering section 977.43 to section 4093, including amendment of subsection (b), 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 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, 23655 and 23680, Penal Code.
1. Change without regulatory effect renumbering section 977.43 to section 4093, including amendment of subsection (b), 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 and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).