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In California, possessing a concealed weapons permit (commonly referred to as CCW) is the exclusive method for civilians to lawfully carry firearms in public. Without a valid CCW, it is considered a criminal offense to carry a loaded or unloaded firearm in public, regardless of whether it is concealed or openly visible.
In order to obtain a concealed carry permit in California, individuals must meet certain criteria as per state law. These criteria typically include:
Being of good moral character
Meeting residency requirements
Completing an approved firearms training course
Recently, with the enactment of AB 2103, the training course must consist of a minimum of 8 hours and include live-fire shooting exercises to demonstrate proficiency in handling and safely using firearms. Our team of California criminal defense attorneys will address the process of obtaining a concealed carry permit in California in the following sections.
A concealed firearms permit in California grants legal authorization to carry a pistol, revolver, or other concealed firearm. Possessing a valid concealed carry license helps prevent convictions under:
Penal Code 25400 PC, which prohibits carrying a concealed firearm
Penal Code 25850 PC, which prohibits carrying a loaded firearm in public
Penal Code 26350 PC, which prohibits openly carrying an unloaded firearm in public.
Permits for public firearm carry may be issued by the county sheriff under Penal Code 26150, or by the chief or head of a municipal police department under Penal Code 26155.
Since January 1, 2012, California has had a no open-carry law, making it illegal to carry a loaded or unloaded firearm in public without a valid carry permit. The only way around this law is if the individual is otherwise legally entitled to own or possess a firearm and the firearm is stored:
In the trunk of the car
A locked container within the car (excluding the glove box)
The individual is transporting the firearm directly to or from the car in a locked container
Under Penal Code 26150 and 26155 PC, there are certain requirements to obtain a concealed carry weapon (CCW) permit in California. Applicants must provide evidence that they are of good moral character, are a resident of the county or city within the county, or spend a substantial amount of time at their place of business or employment located in the county or city within the county. Additionally, completion of an approved firearms training class is necessary.
It's important to note that if the applicant resides in a county with a population of less than 200,000, they may only be eligible for a "modified" CCW permit. This type of permit allows the individual to carry a loaded and exposed pistol, revolver, or other firearm only within the county where the permit was issued. This restriction does not apply to regular CCW permits for those who qualify.
When it comes to granting or denying CCW permits, the sheriff's office or police chief has significant discretion. Courts will generally not overturn their decision unless it is deemed "arbitrary, capricious, or entirely lacking in evidentiary support.
Individuals who fall under certain categories are prohibited from obtaining a concealed carry weapon (CCW) permit in California. These categories include, but are not limited to:
Individuals who have been convicted of a felony or certain types of misdemeanors, as outlined in Penal Code 29800 PC, which is California's "felon with a firearm" law
Individuals who are addicted to narcotics
Individuals who have lost their gun rights due to a domestic violence conviction
Individuals who have been diagnosed as mentally ill
As per California law, these individuals are also prohibited from possessing, owning, purchasing, or receiving firearms, which in turn makes them ineligible to obtain a CCW permit.
The application process for obtaining a permit to carry a firearm in California typically involves three phases:
Paper application - Individuals will need to submit a uniform application to carry a firearm to the issuing agency, which could be their local county sheriff or the chief/head of their local municipal police department. The fees for the initial or renewal application may vary depending on the issuing agency, averaging between $100 and $200.
Interview process - During this phase, the issuing agency will discuss the individual’s need for the license, their criminal history, and the potential consequences of publicly carrying a firearm. Additionally, the individual’s fingerprints may be taken during this phase. Some agencies may require a second interview.
Psychological evaluation - This phase may not apply to all counties/cities, but if required in their area, they will need to undergo a psychological evaluation. The fee for this evaluation will not exceed $150.
It's important to note that the specific requirements and procedures for obtaining a CCW permit may vary depending on the issuing agency and location within California.
If an individual obtains a California CCW permit, it only applies to pistols, revolvers, and other firearms that can be concealed on a person. This means that having a license to carry a concealed firearm does not excuse acts that are prohibited under:
Penal Code 30600 PC, which bans carrying assault weapons in California
Penal Code 16590 PC, which prohibits carrying generally prohibited weapons in California
Additionally, a CCW permit does not typically protect individuals under Penal Code 417 PC, which is California's law against brandishing a weapon in a threatening or angry manner. Penal Code 417 makes it a crime to withdraw, exhibit, or use a firearm in such a manner.
However, if they can prove that they only brandished a firearm in self-defense, California's self-defense laws may excuse their conduct. As explained by Los Angeles criminal defense attorney Neil Shouse:
"The reason you obtain a CCW permit in the first place is to protect yourself. So it stands to reason that if you use your gun, it is because you did so in self-defense. Depending on the circumstances, California's self-defense laws may excuse your otherwise criminal conduct."
It's also worth noting that on June 4, 2021, a federal judge overturned California's ban on assault weapons, citing it as a violation of the constitutional right to bear arms under the Second Amendment. However, while the state appeals the ruling, assault weapons remain illegal in California.
Each CCW permit is unique to the individual it is issued to. Some of the restrictions or conditions that may be included in the CCW license are:
Limiting the firearms you are authorized to carry to only those that are specifically designated and owned by you
Restricting the times or locations in which you are allowed to carry a firearm
It is important to adhere to these restrictions in order to maintain the validity of the California CCW license. If the circumstances change, individuals have the option to request an amendment to their permit from the issuing agency. However, failure to comply with the specified conditions may result in the revocation of the permit.
It's important to note that California does not have reciprocity with other states, meaning that an out-of-state CCW permit is not recognized in California. Furthermore, other states may have different laws regarding CCW permits. Some states may recognize your California firearms carry license, while others may not even require a permit for concealed carry.
To ensure compliance with local laws, it is highly recommended to check the regulations of each state before traveling across state lines with a firearm. Additionally, when traveling by air, it's crucial to be aware of the strict rules set by the Transportation Security Administration (TSA) and airlines regarding firearms and ammunition. It is advisable to check the TSA and relevant airline websites for detailed information before flying with firearms or ammunition.
Previously, in order to obtain a CCW permit in California, applicants were required to show "good cause." However, in 2022, the United States Supreme Court ruled that New York's requirement for showing a "special need for self-protection" violated the Second and Fourteenth Amendments. As a result, the California Attorney General issued a legal alert stating that effective immediately, proof of good cause is no longer required for the issuance of a public-carry license, aligning California law with federal law.
However, it's important to note that the United States Supreme Court declined to hear a challenge to California's concealed carry law in Peruta v. California. This means that law-abiding gun owners in California still need to obtain a CCW permit in order to carry a concealed weapon.
If you or a loved one is facing charges related to Penal Code 26150 and 26155 PC for obtaining a CCW permit, and you need legal representation, a California criminal defense attorney can help. Typically, they offer consultations in person or over the phone.
With local offices in various locations throughout California, including Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, and San Jose, there are plenty of California criminal defense attorneys who are well-equipped to provide you with skilled legal assistance.
