Criminal Defense » California Gun legislations » exactly how to get a concealed Weapons permit (CCW) » exactly how to obtain a concealed Weapons permit (CCW)
A concealed weapons permit (or CCW)is the only method by which simple citizens may legally bring firearms in public in California. Lacking a CCW, that is a crime to carry either a loaded or one unloaded firearm in public, regardless of even if it is the weapon is concealed or openly carried.
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State law permits for a human being to it is in issued a concealed lug permitif:You room of an excellent moral character; great cause exists because that issuance the the license due to the fact that you or a member of your household is in instant danger; friend meet certain residency requirements; and You have completed one acceptable food of firearms training.
Under the recently enacted abdominal muscle 2103, the cultivate course need to be a minimum the 8 hours and include live-fire shooting exercises whereby the human demonstrates an ability to handle and shoot the gun safely.
Below, our California criminal defense attorneys1 resolve the following regarding how to obtain a concealed bring permit in California:2. That may attain a permit to lug a“concealed firearm”? 4. Limitations under a California firearmscarry allow
Permits come publicly carry a firearm may be approve by:The sheriff the a county, pursuant come Penal code 26150, or
Penal code 26150 and also 26155 replaced former California Penal password 12050, efficient January 1, 2012. Penal code 12050 to be popularly recognized as California’s law versus “carrying a hidden weapon”… “CCW” because that short.
Technically, Penal password 26150 and 26155 don’t actually license the transporting of concealed firearms. They cover permits to carry firearms “capable the being hidden on the person.” In other words, they resolve permits to bring handguns in public… one of two people openly or concealed.
However, this legislation is still often referred to together the ideal to lug a “concealed firearm” or “concealed weapon.” Accordingly, in this article, we will periodically use these terms… and “CCW”… just to typical carrying a handgun in public.
Are California’s CCW permit laws unconstitutional?
There to be recentlysome doubt around the constitutionality that California’s laws on CCW permits. In 2014,the U.S. Ninth Circuit Court of Appeals had held—in a case called Peruta v. San Diego County—that the“good cause” need violates the second Amendment appropriate to be affected by each other arms.
But in June 2016, the ninth Circuit, sit “en banc” v all judges present, overturned its previously holding inPeruta. The complete court hosted that in fact, the second Amendment go not apply to surprise firearms--and therefore that there room no constitutional legal rights implicated through California’s “good cause” requirement for covert weapons permits.
And newly the United claims Supreme Court refused to consider a an obstacle to California’s concealed bring law in Peruta v. California. Therefore law-abiding gun owner stillneed to attain a CCW in stimulate to lug a covert weapon.
“We” are Shouse regulation Group. Ours lawyers include former prosecutors and cops. And we know California pistol laws and also California knife laws.
1. What is a California permit to carry “a firearm capable of being surprise on the person”?
A California concealed guns permit enables you legit to carry “a pistol, revolver, or other firearm capable of being covert on the person.”2
A valid patent to lug a covert firearm avoids you from being convicted of:
As of January 1, 2012, California has actually no open-carry law. The is now illegal in California to bring either a invited or unloaded weapon in public without a bring permit except:when your pistol, revolver, or other firearm is in: the trunk of the car, or a locked container within the vehicle (excluding the glove box), or when you room carrying the gun straight to or from the auto in a locked container;6 AND you room otherwise legally entitled to own or possess a firearm.7
2. Who may attain a permit to lug a “concealed firearm”?
2.1. Demands under Penal password 26150 and also 26155 PC
When using for her California permit to bring a hidden weapon, you should prove that:you space of an excellent moral character, girlfriend have good cause to justify the permit, you room a resident in the county or in a city in ~ the county… or you spend a an extensive amount of time at your place of service or employment i m sorry is situated in the ar or in a city in ~ the county, and also you have completed an authorized firearms’ training class.8
Note the if you live in a county with less than 200,000 people, you can only it is in issued a “modified” concealed weapons permit. Still considered a CCW permit, this license enables you just to:bring a loaded and also exposed pistol, revolver, or other firearm on your person, in the county in i beg your pardon the allow was issued.9
This modified permit only comes to persons in counties with less than 200,000 people. If friend qualify for a regular CCW permit, these limitations do not apply.
2.2. “Good cause” for obtaining a CCW permit and the Peruta case
In the past, “good cause” has meant the you can display that:a clear and also present danger exists because that you or your instant family, and carrying a concealed weapon would mitigate that danger.10
Traditionally, both the sheriff and police chief have actually maintained that delivering a covert weapon is a privilege, not a right. You must, therefore, satisfy all your criteria prior to they will issue you this type of license.
This has been the situation for each rebirth application as well. Merely stating the “all conditions under i beg your pardon this CCW allow was originally issued remain the same” does not establish great cause.11 girlfriend must present evidence regarding why this is the case.
The“good cause” requirement has beenchallenged in federal court, in a instance calledPeruta v. Mountain Diego County. The plaintiffs in thePeruta case argued thatthe “good cause” need as it was administered by the sheriff of san Diego County to be unconstitutional.
In mountain Diego County, problem for one’s personal safety, by itself, to be not sufficient to constitute “good cause.” Instead, an applicant because that a permit had to show that s/he had a collection of non-mainstream circumstances resulting in him or her to be put in harm’s way.12
The nine Circuit Court that Appeals initially discovered this need unconstitutional. In a 2014 ruling, the court asserted that the second Amendment right to be afflicted with firearms has a ideal to carry firearms external of one’s home. Follow to the court in this case, san Diego’s “good cause” necessity denies that right to many people—and thus violates the 2nd Amendment.13
But in June 2016 the 9th Circuit Court that Appeals reconsideredPeruta--this time sit “en banc” v all the judges on the court involved. The full court ruled the the “good cause” requirement for a CCW permitwasconstitutional.14
The court’s reasoning in the en banc ruling onPeruta is that the 2nd Amendment go not apply toconcealed firearms.15 there is no second Amendment ideal to carry a hidden weapon, and also therefore regulations that limit one’s capacity to acquire a CCW permit execute not violate the U.S. Constitution.16
It is possible that thePeruta judgment will it is in appealed to the supreme Court that the joined States. If this happens, climate California’s law on CCW licenses may be in doubt when again.
2.3. The scope of the sheriff’s / police chief’s discretion
These law enforcement agencies reserve virtually exclusive authority to issue or refuse California CCW licenses. The courts will not overturn their decision to refuse someone a permit unless the decision is “arbitrary, capricious, or completely lacking in evidentiary support.”17
2.4. People restricted from obtaining a CCW permit
Certain great of people are prohibited native possessing, owning, purchasing, or receiving firearms in California. This way they are likewise prohibited from obtaining firearm carry permits.
Such civilization include (but space not restricted to):human being who space addicted come narcotics, civilization who lose their pistol rights due to a residential violence conviction, and also people who have actually been diagnosed together mentally ill.18
3. What is the application procedure under Penal code 26150 and 26155 PC?
There are generally three phases connected in the application process for obtaining a California permit to lug a firearm:The paper application. Every issuing agencies…that is, your local county sheriff or the cook or head the your local municipal police department…require the you send a uniform applications to carry a firearm in California.Fees because that the initial applications or the regeneration application might vary relying on the issuing agency but average in between $100 and $200. The interview process*. This is once the issuing company will discuss: your require for the license, her criminal history, and the consequences of publicly delivering a firearm. The psychological evaluation. This third phase does not apply to all counties / cities. If carried out in her area, you will certainly be required to undergo mental testing. Her fee because that this evaluation will not exceed $150.
*The second phase is likewise when they will certainly take her fingerprints. And also some agencies might require a 2nd interview.
4. Constraints under a California firearms carry permit
4.1. Legit prohibited acts
If girlfriend successfully attain a California CCW permit, it only uses to “pistols, revolvers, and other guns that are capable of being covert upon your person.” This way that a license to carry a covert gun does no excuse action prohibited under:
Nor does that normally protect you under Penal password 417 pc California’s law versus brandishing a weapon.21 Penal password 417 provides it a crime to withdraw, exhibit, or usage a total in a threatening or upset manner.
However, if you can prove the you only brandished a total in self-defense, California’s self-defense regulations may excuse your conduct.22
As san Jose criminal defense lawyer Jim Hammer explains23 :
“The reason you obtain a CCW permit in the very first place is to protect yourself. For this reason its stands to factor that if you usage your gun, that is since you did therefore in self-defense. Depending upon the circumstances, California’s self-defense legislations may excuse her otherwise criminal conduct.”
On June 4, 2021, a commonwealth judge i rejected California’s ban on assault weapons top top the grounds the it violates the constitutional ideal to bear arms under the second Amendment. But assault weapons stay illegal in California while the state appeals the ruling.
4.2. Restrictions and conditions particular to individuals
Each person’s CCW permit is certain to the individual. Few of the constraints / conditions that might be written into your license encompass (but room not limited to):authorizing you to lug only particularly designated guns that friend own, or authorizing girlfriend to carry a firearm just during certain times or in details locations.24
Whatever your constraints are, you have to abide by castle in bespeak to keep your license. If circumstances change, girlfriend are complimentary to seek an modification to her permit indigenous the issuing agency.25 If you carry out not abide by the conditions, your permit can be revoked.
Some states have reciprocity with others, which way that lock will recognize an out-of-state CCW permit. California is not one of them.
Certain states might recognize your California firearms bring license. Others may not also require girlfriend to host a allow to lug a hidden firearm.
Because these laws vary through state, it is a good idea to examine the neighborhood laws before attempting to overcome state lines with a firearm.
Additionally, the transportation Security administration and airlines have strict rule relating come travel through firearms and also ammunition. The is recommended that air travelers examine the TSA and also applicable airline websites for details.
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(Please Note: Shouse Law group does no handle any matters about gun rights, restoring total rights, or obtaining a CCW permit. We sell this page for information only.)
If you or loved one is charged with a crime related to Penal password 26150 and 26155 computer obtaining a CCW and you are looking to hire an attorney for representation, us invite friend to contact us in ~ Shouse legislation Group. Us can carry out a totally free consultation in office or by phone. We have local offices in Los Angeles, the san Fernando Valley, Pasadena, long Beach, Orange County, Ventura, mountain Bernardino, Rancho Cucamonga, Riverside, mountain Diego, Sacramento, Oakland, san Francisco, mountain Jose and also throughout California.
Additionally, our las Vegas Nevada criminal defense attorneys are obtainable to answer any kind of questions v respect to Nevada’s regulations on carrying surprise weapons. For much more information, we invite friend to contact our neighborhood attorneys at one of our Nevada legislation offices, situated in Reno and also Las Vegas.26