How to Get a CCW in California – A Gun Lawyer Explains

Having a valid concealed weapons permit (CCW for short) is the only way ordinary citizens can legally carry firearms in public in California. Absent a CCW, carrying either a loaded or an unloaded firearm in public is a crime, regardless of whether the weapon is concealed or openly carried.

State law allows for a person to be issued a concealed carry permit if:

1. You are at least 21 years old;
2. You own the gun for which the permit is being issued;
3. You meet certain residency requirements; and
4. You have completed an acceptable course of firearms training.

Under the recently enacted AB 2103 and SB 2, the training course must be

1. a minimum of 16 hours,
2. include live-fire shooting exercises where the person demonstrates an ability to handle and shoot the gun safely,
3. include a mental health component, and
4. include a written exam.

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?
  • 2.1. Requirements under Penal Code 26150 and 26155 PC
  • 2.2. The scope of the sheriff’s / police chief’s discretion
  • 2.3. People restricted from obtaining a California
    carry permit
• 3. What is the application process?
• 4. What are the restrictions?
  • 4.1. Legally prohibited acts
  • 4.2. Restrictions and conditions specific to individuals
  • 4.3. Traveling
• 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:

1. The sheriff of a county, pursuant to Penal Code 26150, or
2. 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
  1. 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
  2. you are carrying the gun directly to or from the car in a locked container.⁷

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:

1. you are at least 21,
2. you own the gun for which the permit is being issued,
3. 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
4. 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:

1. carry a loaded and exposed pistol, revolver, or other firearm on your person,
2. 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:

1. 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.
2. The interview process*.  This is when the issuing agency will discuss:
   • your criminal history, and
   • the consequences of publicly carrying a firearm.
3. 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.

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

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