Understanding California’s Firearm Safety Laws: The Aroner-Scott-Hayden Firearms Safety Act and Related Regulations

California mandates certain requirements for gun safes and firearm safety devices and regulates such items with specificity. California’s stringent gun safe and firearm safety device laws aim to reduce firearm-related injuries and deaths, particularly among children, through robust regulations on firearm safety devices, gun safes, and warning requirements. At the heart of these efforts is the Aroner-Scott-Hayden Firearms Safety Act of 1999, codified in the California Penal Code (Penal Code) Sections 23620–23690, supplemented by detailed regulations in the California Code of Regulations (CCR), Title 11, Division 5, Chapter 6. This article provides a comprehensive overview of these laws, detailing every requirement to ensure compliance and promote public safety. Note: The CCR regulations summarized here are current as of the referenced source; for the latest version, consult the California Office of Administrative Law.

Background and Purpose

Enacted in 1999 and operative since January 1, 2012, the Aroner-Scott-Hayden Firearms Safety Act (Penal Code § 23620) addresses the rate of unintentional firearm deaths and injuries, especially among children.

Scope and Exemptions

The Act applies to firearms sold, transferred, or manufactured in California but includes exemptions (Penal Code § 23630):

• Antique Firearms: Excluded from all requirements.
• Peace Officers: Firearms intended for salaried, full-time peace officers (as defined in Penal Code § 830 et seq.) for law enforcement purposes are exempt. However, local governments or state agencies may still require officers to use gun safes or safety devices.

Key definitions (Penal Code § 23630(c)) include:

• Department: California Department of Justice (DOJ).
• Device: A firearm safety device meeting standards in Penal Code § 23650.
• Roster: DOJ’s list of approved firearm safety devices (Penal Code § 23655).

Firearm Safety Device Requirements

Mandatory Safety Devices (Penal Code § 23635)

All firearms sold or transferred by licensed dealers (including private transfers through dealers) or manufactured in California must include or be accompanied by a DOJ-approved firearm safety device listed on the roster (Penal Code § 23635(a)). The device must be appropriate for the firearm, identified by:

• Manufacturer and model, or
• Physical characteristics matching the roster’s specifications.

Exemptions (Penal Code § 23635(b–c)):

Gun Safe Ownership:

• The buyer owns a gun safe meeting Penal Code § 23650 standards (no DOJ roster listing required for safes).
• The buyer provides an original receipt or other DOJ-authorized proof of purchase/ownership, which the dealer retains with sales records.

Recent Safety Device Purchase:

• The buyer purchased an approved safety device within 30 days before taking possession.
• The buyer presents the device and an original receipt (showing date, name, and model number) to the dealer.
• The dealer verifies compliance and retains the receipt with sales records.

Warning Labels for Non-Compliant Gun Safes (Penal Code § 23635(d))

Long-gun safes sold, transferred, or manufactured in California that do not meet Penal Code § 23650 standards must display a warning in English and Spanish, stating:

“WARNING: This gun safe does not meet the safety standards for gun safes specified in California Penal Code Section 23650. It does not satisfy the requirements of Penal Code Section 23635, which mandates that all firearms sold in California be accompanied by a firearm safety device or proof of ownership, as required by law, of a gun safe that meets the Section 23650 minimum safety standards developed by the California Attorney General.”

The warning must appear:

On the safe’s packaging, descriptive materials, and a label affixed to the safe’s front.

In conspicuous, legible type, contrasting with other text, per 16 CFR § 1500.121.

Warning Labels for Firearms (Penal Code § 23640)

All firearms sold or transferred by licensed manufacturers or dealers must include a warning label on packaging and descriptive materials (Penal Code § 23640(a)), stating:

“WARNING
Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms, and you may be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.
Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.
If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).“

Requirements:

A yellow triangle with an exclamation mark precedes “WARNING.”

If sold without packaging, the warning is affixed to the firearm (method prescribed by DOJ regulations).

The warning must be in English and Spanish, conspicuous, and comply with 16 CFR § 1500.121.

Effective June 1, 2020.

Safety Standards and Testing

Minimum Safety Standards (Penal Code § 23650)

The Attorney General has the authority to develop regulations to establish minimum safety standards for firearm safety devices and gun safes to reduce risks to children under 18 (Penal Code § 23650(a)). Standards address:

• Unintentional gunshot wounds.
• Self-inflicted wounds by unauthorized users.
• Device reusability, quality, and resistance to unauthorized access (e.g., requiring a key or combination).
• Additional provisions as needed.

The Attorney General may reference federal poison prevention packaging standards (16 CFR Part 1700) and consider non-detachable, integrated safety devices (Penal Code § 23650(b)).

Timeline:

• Development began by January 1, 2000.
• Standards adopted by January 1, 2001.
• Effective January 1, 2002.
• CCR Regulations (11 CCR §§ 4100–4103)

The CCR details standards and testing procedures:

Standards (11 CCR § 4100):

Devices must be certified by a DOJ-approved laboratory to withstand physical tampering (e.g., 250 lbs force, sawing, drilling) and prevent firing without visible damage.

Devices must not degrade firearm safety, allow unauthorized access, or be removable without the intended key/combination.

Gun safes must meet similar tampering resistance and secure firearms from unauthorized access.

Performance Tests (11 CCR § 4101):

Firearm Safety Devices:

• Drop Test: Withstand three drops from 39.4 inches onto concrete without allowing firing.
• Lock Mechanism Test: Prevent firing after 250 lbs force applied for one minute.
• Attack Resistance Tests: Resist picking, sawing, drilling, prying, and impact (e.g., 10 hammer blows).
• Child Access Test: Prevent children under 6 from accessing the firearm.
• Environmental Resistance: Function after 24-hour exposure to extreme temperatures and humidity.

Gun Safes:

• Lock Mechanism Test: Resist 1,000 lbs force for one minute.
• Attack Resistance Tests: Similar to devices, including resistance to 10-minute sawing or drilling.
• Environmental Resistance: Devices must function after 24-hour exposure to extreme conditions.

Labeling (11 CCR § 4102):

Devices must display the manufacturer’s name, model, and “Meets California Penal Code § 23650” or “California Approved Firearm Safety Device.”

Labels must be legible and securely attached.

Testing Laboratories (11 CCR § 4103):

• Laboratories must be accredited, independent, and approved by DOJ.
• Testing follows DOJ-prescribed protocols, with results submitted to DOJ.

Roster of Approved Devices (Penal Code § 23655)

The DOJ compiles and maintains a roster of devices tested by certified laboratories and meeting Section 23650 standards (Penal Code § 23655(d)). Requirements:

• Laboratories submit test reports and prototypes (if passed) to DOJ.
• The roster lists manufacturer, model number, and model name.

Post-January 1, 2025, new listings require compliance with Corporations Code §§ 2105, 15909.02, 16959, and 17708.02.

Post-January 1, 2026:

• Annual fees may be charged for prototype storage.
• Devices must have engraved manufacturer/model details.
• DOJ may remove devices for non-payment of fees or modifications from approved designs.
• DOJ may randomly retest devices obtained from non-manufacturer sources (new, unused, in original packaging) to ensure compliance (Penal Code § 23655(g)).

Reinstatement of Removed Devices (Penal Code § 23656)

Non-Payment Removal: Devices removed for unpaid fees can be reinstated upon payment and confirmation of no modifications.

Non-Compliance Removal: Devices removed for failing standards can be retested; if compliant, they are reinstated after paying the initial roster listing fee.

Alternative Approval (Penal Code § 23658)

Devices differing from roster-listed devices only in non-functional features (e.g., color, engraving, model name) may be approved without retesting, provided:

• The manufacturer submits a signed statement under penalty of perjury detailing differences.
• DOJ reviews and compares devices, retaining prototypes if listed.

Post-January 1, 2026, an initial roster listing fee may be charged.

Prohibitions and Penalties

Firearm Safety Devices (Penal Code § 23660):

• Selling, offering, or distributing unlisted or non-compliant devices is prohibited.
• Distributing unlisted devices in organized firearm safety programs (with or without payment) is prohibited.

Long-Gun Safes (Penal Code § 23665):

• Manufacturing, selling, or offering non-compliant long-gun safes without proper warning labels is prohibited.
• Removing required warning labels from non-compliant safes is prohibited.

Penalties for Safety Device and Firearm Violations

Violations of §§ 23635, 23640 (Penal Code § 23645):

• First Violation: $1,000 fine.
• Second Violation: $1,000 fine; licensed manufacturers/dealers ineligible to manufacture/sell firearms for 30 days.
• Third Violation: Permanent ineligibility to manufacture/sell firearms.

Violations of §§ 23660, 23665 (Penal Code § 23670):

• First Violation: Civil fine up to $500.
• Second Violation (within 5 years): Civil fine up to $1,000; licensed dealers ineligible to sell for 30 days.
• Third Violation (within 5 years): Civil fine up to $5,000; dealers permanently ineligible to sell.

Enforcement: Civil actions may be brought by the Attorney General, district attorney, or city attorney.

Additional Provisions

Liability (Penal Code § 23675)

Compliance with the Act does not exempt individuals from liability under common law, statutory law, or local ordinances.

Recalls (Penal Code § 23680)

Manufacturers must notify DOJ within 7 days of a recall by the U.S. Consumer Product Safety Commission or other government entity.

DOJ may remove recalled devices from the roster or order recalls/replacements for non-compliant devices sold after January 1, 2002.

Replacement procedures depend on whether the device can be separated without damaging the firearm.

Reporting (Penal Code § 23685)

Law enforcement must report to the State Department of Health Services any unintentional or self-inflicted gunshot wounds to children 18 or younger, including outcomes (death, serious injury, or medical treatment).

Funding (Penal Code § 23690)

DOJ may charge up to $1 per firearm transaction (adjustable for inflation) to fund program costs, including database maintenance.

Funds are deposited into the Firearm Safety Account in the General Fund, available for DOJ expenditure upon legislative appropriation.

Conclusion

The Aroner-Scott-Hayden Firearms Safety Act and its regulations establish a comprehensive framework to enhance firearm safety in California, with a focus on protecting children from unintentional and unauthorized shootings. By mandating approved safety devices, regulating gun safes, requiring clear warnings, and enforcing strict penalties, the law ensures accountability for manufacturers, dealers, and buyers. Compliance with these requirements is critical for all involved in the sale, transfer, or manufacture of firearms in California. For the latest regulatory updates, contact The Davis Law Firm at 866-545-GUNS or via e-mail at [email protected].