Having a valid concealed weapons permit (CCW for short) is the only means by which ordinary citizens may legally carry firearms in public in California. Absent a CCW, it is a crime to carry either a loaded or an unloaded firearm in public, regardless of whether the weapon is concealed or openly carried.
State law allows for a person to be issued a concealed carry permit if:
- You are of good moral character;
- You meet certain residency requirements; and
- You have completed an acceptable course of firearms training.
Under the recently enacted AB 2103, the training course must be
- a minimum of 8 hours and
- include live-fire shooting exercises where the person demonstrates an ability to handle and shoot the gun safely.
Below, our California criminal defense attorneys1 address the following as to how to get a concealed carry permit in California:
- 1. How does a CCW work in California?
- 2. How can I get a CCW?
- 3. What is the application process?
- 4. What are the restrictions?
- 5. Are California’s CCW permit laws unconstitutional?
1. How does a CCW work in California?
A California concealed firearms permit allows you legally to carry “a pistol, revolver, or other firearm capable of being concealed on the person.”2
A valid license to carry a concealed firearm prevents you from being convicted of:
- Penal Code 25400 PC, California’s law against carrying a concealed firearm,3
- Penal Code 25850 PC, California’s law against carrying a loaded firearm in public,4 and
- Penal Code 26350 PC, California’s law against openly carrying an unloaded firearm in public.5
Permits to publicly carry a firearm may be issued by:
- The sheriff of a county, pursuant to Penal Code 26150, or
- The chief or other head of a municipal police department, pursuant to Penal Code 26155.
As of January 1, 2012, California has no open-carry law. It is now illegal in California to carry either a loaded or unloaded weapon in public without a carry permit except:
- You are otherwise legally entitled to own or possess a firearm,6 and either
- your pistol, revolver, or other firearm is in the trunk of the car or a locked container within the car (excluding the glove box); or
- you are carrying the gun directly to or from the car in a locked container.7
A prerequisite for getting a CCW permit is completing an approved firearms training class.
2. How can I get a CCW?
2.1. Requirements under Penal Code 26150 and 26155 PC
When applying for your California permit to carry a concealed weapon, you must prove that:
- you are of good moral character,
- you are a resident in the county or in a city within the county or 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
- you have completed an approved firearms’ training class.8
Note that if you live in a county with less than 200,000 people, you can only be issued a “modified” concealed weapons permit. Still considered a CCW permit, this license allows you only to:
- carry a loaded and exposed pistol, revolver, or other firearm on your person,
- in the county in which the permit was issued.9
This modified permit only pertains to persons in counties with less than 200,000 people. If you qualify for a regular CCW permit, these restrictions do not apply.
2.2. 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.”10
2.3. People restricted from obtaining a CCW permit
Certain classes of people are prohibited from possessing, owning, purchasing, or receiving firearms in California. This means they are also prohibited from obtaining firearm carry permits.
Such people include (but are not limited to):
- people who have been convicted of a felony or certain types of misdemeanors under Penal Code 29800 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.11
3. What is the application process?
There are typically three phases involved in the application process for obtaining a California permit to carry a firearm:
- 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 firearm 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 interview process*. This is when the issuing agency will discuss:
- your need for the license,
- your criminal history, and
- the consequences of publicly carrying a firearm.
- The psychological evaluation. This third phase does not apply to all counties / cities. If conducted in your area, you will be required to undergo psychological testing. Your fee for this evaluation will not exceed $150.
*The second phase is also when they will take your fingerprints. Some agencies may require a second interview.
You need to pass a psychological evaluation to get a CCW permit.
4. What are the restrictions?
4.1. Legally prohibited acts
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 30600 PC, California’s ban against carrying assault weapons,12 or
- Penal Code 16590 PC, California’s law against carrying generally prohibited weapons.13
Nor does it normally protect you under Penal Code 417 PC California’s law against brandishing a weapon.14 Penal Code 417 makes it a crime to withdraw, exhibit, or use a gun in a threatening or angry manner.
However, if you can prove that you only brandished a gun in self-defense, California’s self-defense laws may excuse your conduct.15
As Los Angeles criminal defense attorney Neil Shouse explains:16
“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.”
On June 4, 2021, a federal judge overturned California’s ban on assault weapons on the grounds that it violates the constitutional right to bear arms under the Second Amendment. Though assault weapons remain illegal in California while the state appeals the ruling.
4.2. Restrictions and conditions specific to individuals
Each person’s CCW permit is specific to that individual. Some of the restrictions / conditions that may be written into your license include (but are not limited to):
- authorizing you to carry only specifically designated firearms that you own, or
- authorizing you to carry a firearm only during certain times or in certain locations.17
Whatever your restrictions are, you must abide by them in order to keep your license. If circumstances change, you are free to seek an amendment to your permit from the issuing agency.18 If you do not abide by the conditions, your permit can be revoked.
4.3. Traveling
Some states have reciprocity with others, which means that they will recognize an out-of-state CCW permit. California is not one of them.
Certain states may recognize your California firearms carry license. Others 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 the local laws before attempting to cross state lines with a firearm.
Additionally, the Transportation Security Administration and airlines have strict rules relating to travel with firearms and ammunition. It is recommended that air travelers check the TSA and applicable airline websites for details.
5. Are California’s CCW permit laws unconstitutional?
Previously, CCW applicants had to show “good cause” in order to get a permit. Then in 2022, the United States Supreme Court held that New York’s requirement that CCW permit applicants show a “special need for self-protection” violated the
- Second Amendment and
- Fourteenth Amendment.
To align California law with federal law, the California Attorney General issued a legal alert saying:
“[E]ffective immediately, issuing authorities should no longer require proof of good cause for the issuance of a public-carry license.”19
Meanwhile, United States Supreme Court refused to consider a challenge to California’s concealed carry law in Peruta v. California. This means law-abiding gun owners still need to obtain a CCW in order to carry a concealed weapon.20
California has no CCW reciprocity with other states.
(Please Note: Shouse Law Group does not handle any matters regarding gun rights, restoring gun rights, or obtaining a CCW permit. We offer this page for information only.)
If you or loved one is charged with a crime related to Penal Code 26150 and 26155 PC obtaining a CCW and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a consultation in office or by phone.
We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
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.
Legal References:
- Our 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.
- California Penal Code 26150 PC — Concealed weapons permits. (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may issue a license to that person upon proof of all of the following:
(1) The applicant is of good moral character.
(2) Good cause exists for issuance of the license.
(3) The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or businesses in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.
(4) The applicant has completed a course of training as described in Section 26165.
(b) The sheriff may issue a license under subdivision (a) in either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) 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. California Penal Code 26155 PC — Concealed weapons permits. (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and county may issue a license to that person upon proof of all of the following:
(1) The applicant is of good moral character.
(2) Good cause exists for issuance of the license.
(3) The applicant is a resident of that city.
(4) The applicant has completed a course of training as described in Section 26165.
(b) The chief or other head of a municipal police department may issue a license under subdivision (a) in either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Where the population of the county in which the city is located 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.
This law replaced California Penal Code 12050. Technically, Penal Code 26150 (and 26155) do not actually license the carrying of concealed firearms. They cover permits to carry firearms “capable of being concealed on the person.” In other words, they deal with permits to carry handguns in public, either openly or concealed. However, this law is still often referred to as the right to carry a “concealed firearm” or “concealed weapon.” - California Penal Code 25400 PC.
- California Penal Code 26010 PC — Carrying a loaded firearm in public. Section 25850 does not apply to the carrying of any handgun by any person as authorized pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
- California Penal Code 26350 PC.
- Penal Code 16750(a) — As used in Section 25400, “lawful possession of the firearm” means that the person who has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not the have lawful possession of the firearm.
- California Penal Code 25610 PC.
- See same. Note that on September 26, 2018 California Governor Jerry Brown signed into law AB 2103. This bill requires that the training course be at least 8 hours and requires that “the course of training to include instruction on firearm handling and shooting technique and to also include a demonstration by the applicant of shooting proficiency and safe handling of each firearm the applicant will be licensed to carry and to include live-fire exercises conducted on a firing range. The bill [requires] a licensing authority to establish, and make available to the public, standards it uses when issuing licenses with regards to the live-fire shooting exercises it requires, as specified. By imposing additional requirements on local licensing authorities, this bill [creates] a state-mandated local program.”
- See Penal Code 26150 and 26155 PC — Concealed weapon permits, endnote 2, above.
- Gifford v. City of Los Angeles, endnote 10 above, at 805. (“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.”)
- See Attachments 1-3 on the California CCW permit application.
- California Penal Code 30600 PC
- California Penal Code 16590 PC California Penal Code 417 PC(a)(2)
- Penal Code 417.
- See same.
- Shouse Law Group Founding Partner Neil Shouse earned his J.D. from Harvard Law School.
- California Penal Code 26200 PC
- California Penal Code 26200(f)(1)
- Gifford v. City of Los Angeles 88 Cal.App.4th 801. Peruta v. Cty. of San Diego (9th Cir. Feb. 13, 2014) No. 10-56971, slip op. at 6-7. New York State Rifle & Pistol Association vs. Bruen (2022) No. 20–843. John Healey, Supreme Court throws out New York’s concealed weapons law. Here’s what it means for California, LA Times (June 23, 2022). Ben Christopher, California’s change to concealed carry permits would reduce wide variations among counties, Cal Matters (June 29, 2022). See also California Senate Bill-918 (which did not pass). Ben Christopher, Misfire: Behind the California concealed carry bill’s big fail, Cal Matters (September 2, 2022). See also Hannah Wiley, California Democrats try again to rewrite concealed-carry gun law, Los Angeles Times (February 1, 2023). New York State Rifle & Pistol Assn. v. Bruen (2022) .
- Peruta v. California, ScotusBlog.