Regulations: Firearm Safety Device Program

Summary:

A firearm safety device (FSD or device) is a device, other than a gun safe, that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm. (Pen. Code, § 16540; Cal. Code Regs., tit. 11, § 4082, subd. (l).) With limited exceptions, any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall include or be accompanied by a FSD that is listed on the Roster of Approved Firearm Safety Devices (Roster) and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the Roster for use with the device. (Pen. Code, §§ 23630, 23635.)

The Department of Justice (Department) certifies laboratories to verify compliance with FSD standards. (Pen. Code, § 23655.) The certified laboratories, at the manufacturer’s or dealer’s expense, test FSDs and submit a copy of the final test report to the Department. After reviewing the test report and FSD, the Department determines whether the device will be placed on the Roster and may be sold in this state. (Pen. Code, § 23655, subd. (c); Cal. Code Regs., tit. 11, § 4108.) The Department must retain this prototype for at least as long as the device remains listed on the Roster. (Pen. Code, § 23655, subd. (c).)

Commencing January 1, 2026, a FSD may not be added to the Roster unless the name of the manufacturer, the model number, and the model name are engraved or otherwise permanently affixed to the device. (Pen. Code, § 23655, subd. (f)(2).) Also commencing January 1, 2026, the Department may approve a FSD not tested by a certified laboratory and list that device on the Roster if a model of the device made by the same manufacturer is already listed on the Roster and the unlisted device differs from the listed device only in features that do not alter the material or functioning of any of the components of the device. (Pen. Code, § 23658.)

Under subdivision (d) of section 23658, the Department may, at its discretion and at any time, require a manufacturer to provide the Department a prototype of any device model for which listing on the Roster is sought without testing pursuant to subdivision (a) of section 23658 and, if the device is listed pursuant to subdivision (a), the Department must retain the prototype for at least as long as the device is listed on the Roster.

The proposed regulations, among other things, explain how a manufacturer can engrave or otherwise “permanently affix” the manufacturer’s name, model name, and model number to the device; create a process for manufacturers who fail to satisfy the requirements of Penal Code section 23655, subdivision (f)(2), to correct that deficiency without having to go through the testing process again; and require FSD manufacturers to request to renew the listing of their FSD model on the Roster no later than the first business day of each calendar year and require manufacturers to describe any modifications to the FSD, if any have been made since the FSD was listed.

NOTE: Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.

Notice Register Publication Date: July 31, 2026

Status of the Proposal: This rulemaking is undergoing a 45-day public comment period. Any person or their authorized representative may submit written comments regarding the proposed regulatory action. The written comment period closes at 5:00 pm on September 15, 2026. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff. Comments may be submitted by mail or email to:

  • Mail written comments:

Department of Justice
P.O. Box 160487
Sacramento, CA 95816


The information below relates to recent rulemaking activity, including links to the regulations text and associated documents. Any person who has submitted a comment regarding a proposed action has the right to request a copy of the Final Statement of Reasons. The Final Statement will also be posted to this webpage upon completion of this rulemaking.

Public Notice and Related Documents