SECTIONS 31900-31910 - California Statutes

PENAL CODE

SECTION 31900-31910

31900. As used in this part, the "drop safety requirement for
handguns" means that at the conclusion of the firing requirements for
handguns described in Section 31905, the same certified independent
testing laboratory shall subject the same three handguns of the make
and model for which certification is sought, to the following test:
(a) A primed case (no powder or projectile) shall be inserted into
the chamber. For a pistol, the slide shall be released, allowing it
to move forward under the impetus of the recoil spring, and an empty
magazine shall be inserted. For both a pistol and a revolver, the
weapon shall be placed in a drop fixture capable of dropping the
pistol from a drop height of 1m + 1cm (39.4 + 0.4 in.) onto the
largest side of a slab of solid concrete having minimum dimensions of
7.5 x 15 x 15 cm (3 x 6 x 6 in.). The drop distance shall be
measured from the lowermost portion of the weapon to the top surface
of the slab. The weapon shall be dropped from a fixture and not from
the hand. The weapon shall be dropped in the condition that it would
be in if it were dropped from a hand (cocked with no manual safety
applied). If the pistol is designed so that upon leaving the hand a
"safety" is automatically applied by the pistol, this feature shall
not be defeated. An approved drop fixture is a short piece of string
with the weapon attached at one end and the other end held in an air
vise until the drop is initiated.
(b) The following six drops shall be performed:
(1) Normal firing position with barrel horizontal.
(2) Upside down with barrel horizontal.
(3) On grip with barrel vertical.
(4) On muzzle with barrel vertical.
(5) On either side with barrel horizontal.
(6) If there is an exposed hammer or striker, on the rearmost
point of that device, otherwise on the rearmost point of the weapon.
(c) The primer shall be examined for indentations after each drop.
If indentations are present, a fresh primed case shall be used for
the next drop.
(d) The handgun shall pass this test if each of the three test
guns does not fire the primer.

31905. (a) As used in this part, "firing requirement for handguns"
means a test in which the manufacturer provides three handguns of the
make and model for which certification is sought to an independent
testing laboratory certified by the Attorney General pursuant to
Section 32010. These handguns may not be refined or modified in any
way from those that would be made available for retail sale if
certification is granted. The magazines of a tested pistol shall be
identical to those that would be provided with the pistol to a retail
customer.
(b) The test shall be conducted as follows:
(1) The laboratory shall fire 600 rounds from each gun, stopping
after each series of 50 rounds has been fired for 5 to 10 minutes to
allow the weapon to cool, stopping after each series of 100 rounds
has been fired to tighten any loose screws and clean the gun in
accordance with the manufacturer's instructions, and stopping as
needed to refill the empty magazine or cylinder to capacity before
continuing.
(2) The ammunition used shall be of the type recommended by the
handgun manufacturer in the user manual, or if none is recommended,
any standard ammunition of the correct caliber in new condition that
is commercially available.
(c) A handgun shall pass this test if each of the three test guns
meets both of the following:
(1) Fires the first 20 rounds without a malfunction that is not
due to ammunition that fails to detonate.
(2) Fires the full 600 rounds with no more than six malfunctions
that are not due to ammunition that fails to detonate and without any
crack or breakage of an operating part of the handgun that increases
the risk of injury to the user.
(d) If a pistol or revolver fails the requirements of either
paragraph (1) or (2) of subdivision (c) due to ammunition that fails
to detonate, the pistol or revolver shall be retested from the
beginning of the "firing requirement for handguns" test. A new model
of the pistol or revolver that failed due to ammunition that fails to
detonate may be submitted for the test to replace the pistol or
revolver that failed.
(e) As used in this section, "malfunction" means a failure to
properly feed, fire, or eject a round, or failure of a pistol to
accept or eject the magazine, or failure of a pistol's slide to
remain open after the magazine has been expended.

31910. As used in this part, "unsafe handgun" means any pistol,
revolver, or other firearm capable of being concealed upon the
person, for which any of the following is true:
(a) For a revolver:
(1) It does not have a safety device that, either automatically in
the case of a double-action firing mechanism, or by manual operation
in the case of a single-action firing mechanism, causes the hammer
to retract to a point where the firing pin does not rest upon the
primer of the cartridge.
(2) It does not meet the firing requirement for handguns.
(3) It does not meet the drop safety requirement for handguns.
(b) For a pistol:
(1) It does not have a positive manually operated safety device,
as determined by standards relating to imported guns promulgated by
the federal Bureau of Alcohol, Tobacco, and Firearms.
(2) It does not meet the firing requirement for handguns.
(3) It does not meet the drop safety requirement for handguns.
(4) Commencing January 1, 2006, for a center fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
32015, it does not have either a chamber load indicator, or a
magazine disconnect mechanism.
(5) Commencing January 1, 2007, for all center fire semiautomatic
pistols that are not already listed on the roster pursuant to Section
32015, it does not have both a chamber load indicator and if it has
a detachable magazine, a magazine disconnect mechanism.
(6) Commencing January 1, 2006, for all rimfire semiautomatic
pistols that are not already listed on the roster pursuant to Section
32015, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.
(7) (A) Commencing January 1, 2010, for all semiautomatic pistols
that are not already listed on the roster pursuant to Section 32015,
it is not designed and equipped with a microscopic array of
characters that identify the make, model, and serial number of the
pistol, etched or otherwise imprinted in two or more places on the
interior surface or internal working parts of the pistol, and that
are transferred by imprinting on each cartridge case when the firearm
is fired, provided that the Department of Justice certifies that the
technology used to create the imprint is available to more than one
manufacturer unencumbered by any patent restrictions.
(B) The Attorney General may also approve a method of equal or
greater reliability and effectiveness in identifying the specific
serial number of a firearm from spent cartridge casings discharged by
that firearm than that which is set forth in this paragraph, to be
thereafter required as otherwise set forth by this paragraph where
the Attorney General certifies that this new method is also
unencumbered by any patent restrictions. Approval by the Attorney
General shall include notice of that fact via regulations adopted by
the Attorney General for purposes of implementing that method for
purposes of this paragraph.
(C) The microscopic array of characters required by this section
shall not be considered the name of the maker, model, manufacturer's
number, or other mark of identification, including any distinguishing
number or mark assigned by the Department of Justice, within the
meaning of Sections 23900 and 23920.