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Roster Question - model specification

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  • #16
    Heiko
    Senior Member
    • Jul 2008
    • 1025

    This roster thing is just... just... argh!!!

    Here is what the law is on things like different finishes on the same gun with respect to how a manufacturer can get around recertifying the same gun in a different finish.

    12131.5. (a) A firearm shall be deemed to satisfy the requirements
    of subdivision (a) of Section 12131 if another firearm made by the
    same manufacturer is already listed and the unlisted firearm differs
    from the listed firearm only in one or more of the following
    features:
    (1) Finish, including, but not limited to, bluing, chrome-plating,
    oiling, or engraving.
    (2) The material from which the grips are made.
    (3) The shape or texture of the grips, so long as the difference
    in grip shape or texture does not in any way alter the dimensions,
    material, linkage, or functioning of the magazine well, the barrel,
    the chamber, or any of the components of the firing mechanism of the
    firearm.
    (4) Any other purely cosmetic feature that does not in any way
    alter the dimensions, material, linkage, or functioning of the
    magazine well, the barrel, the chamber, or any of the components of
    the firing mechanism of the firearm.
    (b) Any manufacturer seeking to have a firearm listed under this
    section shall provide to the Department of Justice all of the
    following:
    (1) The model designation of the listed firearm.
    (2) The model designation of each firearm that the manufacturer
    seeks to have listed under this section.
    (3) A statement, under oath, that each unlisted firearm for which
    listing is sought differs from the listed firearm only in one or more
    of the ways identified in subdivision (a) and is in all other
    respects identical to the listed firearm.
    (c) The department may, in its discretion and at any time, require
    a manufacturer to provide to the department any model for which
    listing is sought under this section, to determine whether the model
    complies with the requirements of this section.

    Comment

    • #17
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44680

      Originally posted by Heiko
      This roster thing is just... just... argh!!!

      Here is what the law is on things like different finishes on the same gun with respect to how a manufacturer can get around recertifying the same gun in a different finish.

      12131.5. (a) A firearm shall be deemed to satisfy the requirements
      of subdivision (a) of Section 12131 if another firearm made by the
      same manufacturer is already listed and the unlisted firearm differs
      from the listed firearm only in one or more of the following
      features:
      (1) Finish, including, but not limited to, bluing, chrome-plating,
      oiling, or engraving.
      (2) The material from which the grips are made.
      (3) The shape or texture of the grips, so long as the difference
      in grip shape or texture does not in any way alter the dimensions,
      material, linkage, or functioning of the magazine well, the barrel,
      the chamber, or any of the components of the firing mechanism of the
      firearm.
      (4) Any other purely cosmetic feature that does not in any way
      alter the dimensions, material, linkage, or functioning of the
      magazine well, the barrel, the chamber, or any of the components of
      the firing mechanism of the firearm.
      (b) Any manufacturer seeking to have a firearm listed under this
      section shall provide to the Department of Justice all of the
      following:
      (1) The model designation of the listed firearm.
      (2) The model designation of each firearm that the manufacturer
      seeks to have listed under this section.
      (3) A statement, under oath, that each unlisted firearm for which
      listing is sought differs from the listed firearm only in one or more
      of the ways identified in subdivision (a) and is in all other
      respects identical to the listed firearm.
      (c) The department may, in its discretion and at any time, require
      a manufacturer to provide to the department any model for which
      listing is sought under this section, to determine whether the model
      complies with the requirements of this section.
      Please note 12131.5(a) says IF the differences are as listed, you don't have to test these - no giving the lab 3 copies, no testing fee, no supplying ammo.

      12131.5(b) says the guns still must be listed on the Roster - fee paid, expiration date; if they're not on the Roster, 12125 says they cannot be sold to those not exempt from the Roster.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #18
        jtmkinsd
        Senior Member
        • Mar 2010
        • 2352

        Originally posted by Librarian
        Please note 12131.5(a) says IF the differences are as listed, you don't have to test these - no giving the lab 3 copies, no testing fee, no supplying ammo.

        12131.5(b) says the guns still must be listed on the Roster - fee paid, expiration date; if they're not on the Roster, 12125 says they cannot be sold to those not exempt from the Roster.
        12125 says no selling "unsafe" handguns...that's all

        12131 establishes the list (what's considered "safe" handguns)

        12131.5 says any handgun which is only different from a listed gun in the cosmetic only features it lists are "deemed" to satisfy (12131...safe handgun list)
        Originally posted by orangeglo
        Welcome to failtown, population = you.

        Comment

        • #19
          CrazyJeep
          CGN Contributor
          • Feb 2006
          • 775

          Sorry for somewhat hijacking the thread, but I figured since the roster is being discussed here, might as well shoot a question about it.

          How exactly does the roster work concerning models of pistols. Are they related by serial number or by what is stamped on the side of the firearm? Using the OP's CZ gun in question as an example, is the DOJ not rostering that gun because CZ hasn't submitted the nickel model for evaluation? With all things being equal (gun mechanics, not finish), would that gun even be allowed to be shipped into California to a non LEO and be DROS'd if the gunstore didn't put "nickel" in the color box, or would the DOJ be able to determine the difference from the serial number?
          Last edited by CrazyJeep; 10-06-2010, 10:01 PM.

          Comment

          • #20
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44680

            Originally posted by CrazyJeep
            How exactly does the roster work concerning models of pistols. Are they related by serial number or by what is stamped on the side of the firearm?
            I'm pretty sure the Roster descriptions are based on the description provided by the manufacturer. OTOH, look, for example, at Springfield - their model numbers seem to be related to some collection of physical characteristics.
            Originally posted by CrazyJeep
            Using the OP's CZ gun in question as an example, is the DOJ not rostering that gun because CZ hasn't submitted the nickel model for evaluation?
            Probably they don't care to pay the fee for every possible finish; ask them, a number of gun manufacturers have been forthcoming about their plans r/t the Roster.

            Originally posted by CrazyJeep
            With all things being equal (gun mechanics, not finish), would that gun even be allowed to be shipped into California to a non LEO and be DROS'd if the gunstore didn't put "nickel" in the color box, or would the DOJ be able to determine the difference from the serial number?
            Not the serial number; and, it would need to be shipped to an FFL holder - the enforcement is mostly through the DROS software.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

            • #21
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44680

              Originally posted by jtmkinsd
              12125 says no selling "unsafe" handguns...that's all

              12131 establishes the list (what's considered "safe" handguns)

              12131.5 says any handgun which is only different from a listed gun in the cosmetic only features it lists are "deemed" to satisfy (12131...safe handgun list)
              Please read further the California Code of Regulations 11 CCR 4070 - which, as I am sure you know, is law.

              'Not unsafe' handguns, deemed so via 12131.5, must be added to the Roster before they can be sold.
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

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