How to Obtain a California
"Carry a Concealed Weapon" (CCW) Permit

Penal Code 12050 PC

Normally, it's a crime to possess a concealed firearm in public. But in certain circumstances, a person can obtain a permit to "Carry a Concealed Weapon" (CCW) legally.

In this article, our California criminal defense attorneys¹ will explain the process to acquire a CCW permit by addressing the following:

1. What is a California "Carry a
    Concealed Weapon"
    CCW Permit?

2. What is the Application
    Process?

3. What are the Requirements?

4. What are the Restrictions?

You may also find helpful information in our related articles on California Firearm Offenses; Penal Code 12025 PC Carrying a Concealed Weapon; Penal Code 12031 PC Carrying a Loaded Firearm; California’s Open Carry Laws; Penal Code 12021 PC Felon with a Firearm; Domestic Violence Convictions and Gun Rights; Penal Code 12280 PC Possession of Assault Weapons; Penal Code 12020 PC California’s Law Against Carrying Dangerous Weapons; Penal Code 12020 PC Dirks and Daggers; Penal Code 12303 PC Destructive Devices; Penal Code 417 PC Brandishing a Weapon; and California’s Self-Defense Laws.

1. What is a California "Carry a
    Concealed Weapon"
    CCW Permit?

A California concealed weapons permit allows you legally to carry a loaded "a pistol, revolver, or other firearm capable of being concealed on the person".²

When valid, a CCW license prevents you from being convicted of

• Penal Code 12025 PC California’s law against carrying a concealed weapon, or



• Penal Code 12031 PC California’s law against carrying a loaded firearm in public.³

If you live in a county with less than 200,000 people, you may apply for a "modified" concealed weapons permit. Still considered a CCW permit, this license allows you to carry a loaded and exposed pistol, revolver, or other firearm on your person (this law only pertains to persons in counties with less than 200,000 people).⁴

This permit is essentially a hybrid between a license to carry a concealed weapon and California’s open carry laws which generally allow you to carry an unloaded exposed weapon.

2. What is the Application Process for Obtaining a
    California "Carry a Concealed Weapon" Permit?

There are typically three phases involved in the application process for obtaining a California permit to carry a concealed weapon.

The first phase involves the paper application. All issuing agencies…that is, your local county sheriff or the chief or head of your local municipal police department…require that you submit a uniform application to carry a concealed weapon in California.

Fees for the initial application or the renewal application may vary depending on the issuing agency but average between $100 and $200.

The second phase involves the interview process. This is when the issuing agency will discuss your need for the license, your criminal history, and the consequences of choosing to carry a concealed weapon. It is also when they will take your fingerprints. Some agencies may require a second interview.

The third phase does not apply to all counties / cities. This is the psychological evaluation. If conducted in your area, you will be required to undergo psychological testing. Your fee for this evaluation will not exceed $150.

3. What are the Requirements that I must Fulfill in
    Order to Secure a CCW Permit?

When applying for your California permit to carry a concealed weapon, you must prove

1. you are of good moral character,



2. you have good cause to justify the permit,



3. you are a resident in the county or in a city within the county or that you spend a substantial amount of time at your place of business or employment which is located in the county or in a city within the county, and



4. that you have completed an approved firearms’ training class.⁵

Good cause

"Good cause" essentially means that you can produce evidence that a clear and present danger exists for you or your immediate family and that carrying a concealed weapon would mitigate that danger.⁶ This clear and present danger could arise in a number of situations.

The following are some examples of situations that may rise to the level of good cause. There is no guarantee that any of these will entitle you to a California CCW permit, as each application is individually processed and evaluated. These are just some of the types of situations that the sheriff / police department may consider.

Examples:

• that you work in the criminal justice field as a judge, prosecutor, defense attorney, private investigator, process server, etc. -- anyone who may be interacting with people who may strike out in anger



• that you or your family has been threatened -- this claim will probably need to be corroborated with details and the fact that you tried to obtain a protective order against the person who had engaged in the threatening behavior



• that you work in the medical field and are in an office where people who are addicted to drugs may try to steal drugs or prescription pads from your person (as opposed to from your office)



• that your work requires you carry large sums of money or other valuables and that you fear an attack even thought you would surrender the items if you were being robbed (law enforcement wants to know that you are not seeking a weapon to prevent a theft, but are seeking one to protect your body)

Stating that you want to "exercise your Second Amendment right to bear arms" is not good cause. California law allows you to purchase a gun without a license, as long as you are not prohibited from doing so (discussed below under "people restricted from obtaining a CCW permit").

You are therefore free to exercise your constitutional right by either

• openly carrying an unloaded gun in public (which is permitted under California’s open carry laws), or



• carrying a gun in your home, on private property, or in your place of business (that is, a business that you own).

Both the sheriff and police chief maintain that carrying a concealed weapon is a privilege, not a right. You must therefore meet all their criteria before they will issue you this type of license.

And this is the case for each renewal application as well. Simply stating that "all conditions under which this CCW permit was originally issued remain the same" does not establish good cause.⁷ You must present evidence as to why this is the case.

The scope of the sheriff’s / police chief’s discretion

These law enforcement agencies reserve almost exclusive authority to issue or deny California CCW licenses. The courts will not overturn their decision to deny someone a permit unless the decision is "arbitrary, capricious, or entirely lacking in evidentiary support".⁸

This is actually why the "open carry" movement has become so large in this state. Gun activists are exercising and advertising their Second Amendment right to bear arms openly in public in order to

1. inform the public about California’s "open carry" laws, and



2. protest what they believe to be an elitist system that only issues concealed weapons’ permits to the "well connected" members of society.

People restricted from obtaining a CCW permit

There are certain classes of people who are prohibited from possessing, owning, purchasing, or receiving firearms in California…which therefore means they are also prohibited from obtaining CCW permits. Some of these people include (but are not limited to):

• people who have been convicted of a felony or certain types of misdemeanors (See our page on Penal Code 12021 PC, California’s "felon with a firearm" law),



• people who are addicted to narcotics,



• people who lose their gun rights due to a domestic violence conviction, and



• people who have been diagnosed as mentally ill.⁹

4. What are the Restrictions on a "Concealed
    Weapons" Permit?

If you successfully obtain a California CCW permit, it only applies to "pistols, revolvers, and other firearms that are capable of being concealed upon your person". This means that a license to carry a concealed gun does not excuse acts prohibited under

• Penal Code 12280 PC California’s ban against carrying assault weapons,¹⁰



• Penal Code 12020 PC California’s law against carrying dangerous weapons,¹¹



• California’s law against carrying dirks, daggers, or explosive substances,¹² or



• Penal Code 12303 PC California’s law against carrying destructive devices.¹³

If you withdraw, exhibit, or use your gun in a threatening or angry manner, prosecutors may charge you with Penal Code 417 PC California’s law against brandishing a weapon.¹⁴ However, if you can prove that you only did so in self-defense, California’s self-defense laws excuse your conduct.¹⁵

And as San Jose criminal defense attorney Jim Hammer explains¹⁶, "The reason you obtain a CCW permit in the first place is to protect yourself, so its 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."

Additional restrictions and conditions

Each person’s CCW permit is specific to that individual. Some of the restrictions/conditions that may be written into your license may include (but are not limited to):

• only authorizing you to carry specifically designated firearms that you own, or



• only authorizing you to carry a concealed weapon during certain times or in certain locations.¹⁷

Whatever your restrictions are, you must abide by them in order to keep your license. If you do not, it will likely be revoked. You are free to seek an amendment to your permit. But you must contact the issuing agency to do so.¹⁸

Travelling

Some states have reciprocity with others, which means that they will recognize an out-of-state CCW permit. California is not one of them. But there are some states that may recognize your California concealed weapons license and others that may not even require you to hold a permit to carry a concealed firearm.

Because these laws vary by state, it is a good idea to check with the local laws before attempting to cross state lines with your concealed firearm.

Call us for help…

For more information about California CCW permits, or to discuss your case confidentially with one of our attorneys, please don’t hesitate to contact us at Shouse Law Group.

Our criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions with respect to Nevada’s laws on carrying concealed weapons. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.¹⁹

Legal References:

¹Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

²California Penal Code 12050 PC -- Concealed weapons permits. ("(a)(1)(A) The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person…(D) For the purpose of subparagraph (A), the applicant shall satisfy any one of the following: (i) Is a resident of the county or a city within the county. (ii) Spends a substantial period of time in the applicant's principal place of employment or business in the county or a city within the county. (E)(i) For new license applicants, the course of training may be any course acceptable to the licensing authority, shall not exceed 16 hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. Notwithstanding this clause, the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformly of all license applicants without exception. (ii) For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than four hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. No course of training shall be required for any person certified by the licensing authority as a trainer for purposes of this subparagraph, in order for that person to renew a license issued pursuant to this section.")

³California Penal Code 12031 PC -- Carrying a loaded firearm in public. ("(b) Subdivision (a) [regarding penalties for carrying a loaded firearm in public or in a car] shall not apply to any of the following: (6) The carrying of handguns by persons as authorized pursuant to Article 3 (commencing with Section 12050 [CCW permits]) of Chapter 1 of Title 2 of Part 4.

⁴See Penal Code 12050 PC -- Concealed weapon permits, endnote 2, above. ("(a)(1)(A) The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person in either one of the following formats: (i) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (ii) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.")

⁵See California Penal Code 12050 -- Concealed weapons permits, endnote 2, above.

⁶Gifford v. City of Los Angeles 88 Cal.App.4th 801, 803. ("…"good cause exists if there is convincing evidence of a clear and present danger to life or of great bodily [harm] to the applicant, his (or her) spouse, or dependent child, which cannot be adequately dealt with by existing law enforcement resources, and which danger cannot be reasonably avoided by alternative measures, and which danger would be significantly mitigated by the applicant's carrying of a concealed firearm." The Police Department stated that it "recognizes that [Penal Code section 12050 PC] requires the issuance of licenses to persons of good character who have good cause to carry a concealed firearm for the defense of themselves or others or in pursuing their livelihood."")

⁷See Gifford at 806, endnote 6, above. ("We cannot say that the denial of Gifford's license fell beneath that standard. Gifford's application contained a single statement about good cause, that "All conditions under which this CCW was originally issued remain the same." The statement is vague and general, so that the request for further information which would enable the Police Department to evaluate the application can hardly been deemed arbitrary or capricious. Nor can the denial of the license when further information was refused.")

⁸See Gifford at 805, endnote 6, above. ("In ordinary mandamus proceedings such as this one, courts may exercise a very limited review of a public agency's action, and may merely determine whether the agency's action was arbitrary, capricious, or entirely lacking in evidentiary support.")

⁹See Attachments 1-3 on the California CCW permit application.

¹⁰Penal Code 12280 PC California’s law against carrying assault weapons. ("(b) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison.")

¹¹Penal Code 12020 PC California’s law against carrying dangerous weapons. ("(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison: (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.")

¹²Penal Code 12020 PC California’s law against carrying dirks, daggers, or explosive substances. ("(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison: (3) Carries concealed upon his or her person any explosive substance, other than fixed ammunition. (4) Carries concealed upon his or her person any dirk or dagger.")

¹³Penal Code 12303 PC California’s law against carrying destructive devices. ("Any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, except as provided by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the county jail for a term not to exceed one year, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000) or by both such fine and imprisonment.")

¹⁴California Penal Code 417 PC -- Brandishing a weapon. ("(2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.")

¹⁵See same. See also Judicial Council Of California Criminal Jury Instruction 3470 -- Right to Self-Defense or Defense of Another (Non-Homicide). ("The defendant acted in lawful (self-defense/ [or] defense of another) if: [1] The defendant reasonably believed that (he/she/ [or] someone else/ [or] <insert name of third party<) was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully]; [2] The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND [3] The defendant used no more force than was reasonably necessary to defend against that danger.")

See also Judicial Council Of California Criminal Jury Instruction 505 -- Justifiable Homicide: Self-Defense or Defense of Another. ("The defendant acted in lawful (self-defense/ [or] defense of another) if: [1] The defendant reasonably believed that (he/she/ [or] someone else/ [or] <insert name or description of third party<) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/ <insert other forcible and atrocious crime<)]; [2] The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger; AND [3] The defendant used no more force than was reasonably necessary to defend against that danger.")

¹⁶San Jose criminal defense attorney Jim Hammer uses his inside knowledge as a former San Francisco Deputy District Attorney to defend clients accused of violating California’s firearms laws throughout the Bay Area, including San Francisco, Berkeley, Marin County, and Oakland.

¹⁷California Penal Code 12050 PC -- Carry a concealed weapon permits, endnote 2, above. ("(b) A license may include any reasonable restrictions or conditions which the issuing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person. (c) Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued.")

¹⁸See same. ("(f)(1) A person issued a license pursuant to this section may apply to the licensing authority for an amendment to the license to do one or more of the following: (A) Add or delete authority to carry a particular pistol, revolver, or other firearm capable of being concealed upon the person. (B) Authorize the licensee to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (C) If the population of the county is less than 200,000 persons according to the most recent federal decennial census, authorize the licensee to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person. (D) Change any restrictions or conditions on the license, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person.")

¹⁹Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada’s laws on carrying concealed firearms. Their Nevada law offices are located in Reno and Las Vegas.

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