California CCW Guide

California License to Carry a Concealed Weapon: Permit Basics

California is a license state. Carrying a concealed handgun on your person, in a vehicle you control, or causing one to be carried concealed in a vehicle you occupy is the crime defined by Cal. Penal Code Section 25400; subdivision (b) adds that a firearm carried openly in a belt holster is not concealed within the meaning of that section. Carrying a loaded firearm in a public place or on a public street in an incorporated city, or in a prohibited area of unincorporated county territory, is the crime defined by Section 25850. A license under the chapter running from Section 26150 to Section 26235 takes you out of both: Section 25655 exempts a person authorized to carry concealed under that chapter from Section 25400, and Section 26010 from Section 25850.

Section 25400(c)(7) punishes the residual case by up to one year in county jail, a fine up to one thousand dollars, or both, and Section 25850(c)(7) makes its residual case a misdemeanor with the same maximums. Both are felonies on a prior conviction of a felony or of a crime made punishable by a provision listed in Section 16580, on a stolen firearm the person knew or had reasonable cause to believe was stolen, on active participation in a criminal street gang, and under paragraph (c)(4) where the person is not in lawful possession of the firearm or is in a class prohibited from possessing or acquiring one under Section 29800, Section 29900, or Section 8100 or 8103 of the Welfare and Institutions Code. Paragraph (c)(5), for a prior conviction of a crime against a person or property or a narcotics or dangerous drug violation, and paragraph (c)(6), for a firearm the person is not listed with the Department of Justice as owning, are each chargeable as a felony under Section 1170(h) or as a county jail term up to one year. Section 25400(c)(6) also requires the firearm to be loaded or its ammunition to be in the person's immediate possession or readily accessible; Section 25850(c)(6) requires only the non-listing.

Who issues the license

The county sheriff issues under Cal. Penal Code Section 26150. A California resident qualifies by residing in the county or a city within it, or by a principal place of employment or business there where they spend a substantial period of time. Section 26150(a)(3) treats voter registration address, a homeowner's property tax exemption filing, and other acts showing more than temporary or transient presence as prima facie evidence of residency, rebuttable by proof of a primary residence elsewhere.

The chief or other head of a municipal police department of any city or city and county issues under Section 26155. Section 26155(a)(3) requires residence in that city or city and county; the employment or business alternative in Section 26150(a)(3) does not appear.

Section 26150(d) lets a sheriff agree with a city police chief to process applications, renewals, and amendments in the sheriff's place for applicants residing in that city, and Section 26155(d) runs the other way. Section 26160 requires each licensing authority to publish a written policy summarizing Section 26150 and subdivisions (a) and (b) of Section 26155, and nothing more. Live-fire standards come from Section 26165(b), which requires each authority to establish and make public the standards it uses for the required live-fire shooting exercises, including a minimum round count and minimum passing scores from specified firing distances.

Applications are uniform statewide on forms prescribed by the Attorney General under Section 26175.

What the license authorizes

Section 26150(c) and Section 26155(c) give the issuing authority these formats for a resident applicant:

• A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
• Where the county population 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.

Both were amended by Stats. 2025, Ch. 570 (AB 1078), effective January 1, 2026.

Section 26230 lists places a licensee shall not carry into. Parts of Section 26230(a) have been subject to federal preliminary-injunction litigation, and the enforceable set has moved. See Prohibited Places, and check the California Attorney General's firearms page for current status.

Who may hold one

For a California resident under Section 26150(a) or Section 26155(a), the authority shall issue or renew upon proof of all of the following:

• Not a disqualified person under the standards in Cal. Penal Code Section 26202.
• At least 21 years of age, with clear evidence of identity and age as defined in Section 16400.
• The residency requirement described above for that authority.
• Completion of a course of training as described in Section 26165.
• Recorded ownership, with the Department of Justice, of the firearm for which the license will be issued.

Before issuing, renewing, or amending, Section 26162 requires an authority with direct access to the designated Department of Justice system to confirm that recorded ownership, and one without access to confirm it with its county sheriff.

Nonresidents apply under Section 26150(b) or Section 26155(b), which require that the applicant not be disqualified under Section 26202 and under comparable law of the state of residence, be at least 21, and present clear evidence of identity, age, and state of residence, meaning a valid driver's license from that state or a valid out-of-state Department of Motor Vehicles identification card. The applicant must also attest under oath that the jurisdiction applied to is the primary location in California in which they intend to travel or spend time, complete the training and live-fire exercises those subdivisions draw from Section 26165, and identify each firearm by make, model, caliber, and serial number. A firearm that cannot lawfully be carried in California, or under Section 26150(b)(6) carried or possessed there, is cause for denial as to that firearm.

Section 26170 is a separate track for peace officers deputized or appointed under Section 830.6(a) or (b). It issues to an applicant not disqualified under Section 26202, at least 21, deputized or appointed by that same sheriff or chief, and the recorded owner of the firearm or authorized to carry an agency-registered one. Section 26170(c) provides that the appointment counts only toward a Section 26170 license and shall not be considered under Section 26150 or Section 26155.

What disqualifies you

Cal. Penal Code Section 26202 defines the disqualified person for Sections 26150, 26155, and 26170. Unless a court makes a contrary determination under Section 26206, an applicant is disqualified who:

• Is reasonably likely to be a danger to self, others, or the community at large, as shown by the application, the investigation, or any psychological assessment.
• Has been convicted of contempt of court under Section 166 or a comparable offense elsewhere.
• Has been subject to a restraining, protective, or other court order under a provision listed in Section 26202(a)(3), which reaches family, civil harassment, workplace violence, postsecondary school violence, juvenile, and elder-abuse orders, criminal protective orders under Section 136.2, and gun violence restraining orders under Section 18100, unless it expired or was vacated or canceled more than five years before the completed application was received, or expired or was vacated or canceled and the applicant had no notice and opportunity to be heard before it was issued.
• In the 10 years before the completed application was received, was convicted of an offense listed in Section 422.6, 422.7, 422.75, or 29805, or a comparable offense elsewhere.
• Has engaged in an unlawful or reckless use, display, or brandishing of a firearm.
• In that same 10-year window, was charged with an offense listed in Section 290, 667.5, 1192.7, 1192.8, or 29805 that was dismissed pursuant to a plea or with a waiver under People v. Harvey (1979) 25 Cal.3d 754.
• In the five years before the completed application was received, was incarcerated for, or on probation, parole, postrelease community supervision, or mandatory supervision for, a conviction with an element involving controlled substances or alcohol.
• Is an unlawful user of or addicted to a controlled substance as described in 18 U.S.C. 922(g)(3).
• Is currently abusing a controlled substance or alcohol, which Section 26202(a)(9) defines as excessive use or consumption reflecting that the applicant has lost the power of self-control.
• In the 10 years before the completed application was received, lost multiple firearms to loss or theft through noncompliance with storage, transport, or securing law.
• Failed to report a loss of a firearm as required by Section 25250 or another reporting law.

Section 26202(e) applies these grounds whether or not the underlying conduct, order, conviction, charge, or commitment predates the provision, and Section 26202(b) sets the minimum investigation the authority must run before deciding.

Section 26195(a)(1) bars issuance when the Department of Justice reports the applicant as prohibited under state or federal law. Restrictions has the full prohibited-person list. Three limits that Section 29800 writes into its own felony bar decide applications, so they are here rather than there. Subdivision (c): the bar does not reach a federal felony conviction or warrant unless a California offense with comparable elements could only be punished as a felony, or the defendant was sentenced to a federal correctional facility for more than 30 days, fined more than $1,000, or both. Subdivision (d): it does not reach an out-of-state nonviolent felony where the conviction was vacated, set aside, expunged, or otherwise dismissed under the law of the state of conviction and, where that state had imposed a firearms prohibition, that relief restored firearms rights there. Subdivision (e): it does not reach an out-of-state nonviolent felony where the person received a full and unconditional pardon from that state's governor restoring civil rights that include firearms rights, and was never convicted of a felony involving the use of a dangerous weapon. Do not read "nonviolent" colloquially: subdivision (f) defines it by exclusion, so an out-of-state offense is nonviolent only if it lacks elements comparable to an offense listed in Section 667.5(c), Section 1192.7(c), Section 1192.8(a), Section 23515, or Section 29905, and an attempt, conspiracy, solicitation, or aiding and abetting of such an offense is not nonviolent either.

Denial, revocation, and your challenge

Section 26205 requires written notice of approval or denial, and a denial must state which requirement was not satisfied. Section 26202(d) requires an initial disqualified-person determination within 90 days of the completed application; a not-disqualified determination triggers the instruction to proceed with training.

Section 26195 requires revocation when the licensee breaches a condition set under Section 26200, knowingly gave inaccurate or incomplete information, became a disqualified person under Section 26202, failed to comply with Section 26195(c), or is reported by the Department of Justice as prohibited. Section 26195(c) requires you to report to the issuing authority any restraining order and any arrest, charge, or conviction of a crime referenced in Section 26202.

On a Section 26202 disqualification, Section 26202(d)(2) requires the authority to point you to the Section 26206 hearing. Section 26206, as amended by AB 1078, gives 30 days after receipt of the notice to request that hearing from the superior court of your county of residence, or for nonresidents the county where the application was submitted. Section 26206(c)(1) lets a licensing authority require you to exhaust its own appeal process first, and the authority must resolve that appeal within 60 days; Section 26206(c)(2) then runs your 30 days from notice of an unsuccessful appeal. The people bear the burden of proof by a preponderance of the evidence, though Section 26206(h) shifts it to you once you have been denied or revoked on a Section 26202 ground two or more times in a 10-year period. A person who loses may reapply no sooner than two years from the hearing date. Where the denial rests instead on the age, residency, training, or recorded-ownership paragraphs of subdivision (a) of Sections 26150, 26155, or 26170, Section 26206(i) points to a writ of mandate under Code of Civil Procedure Section 1085, applied for within 30 days of the notice or of notice of an unsuccessful appeal.

How long it lasts

Cal. Penal Code Section 26220 sets the term:

• Standard license under Section 26150 or Section 26155: not to exceed two years from the date of the license, except as Section 26220 and Section 26210(c) otherwise provide.
• License under Section 26150 on an employment or business basis: not to exceed 90 days, unless the license was issued pursuant to subdivision (d), and valid only in the county of original issuance. Give a copy to the licensing authority where you reside; renewal requires both authorities to concur.
• Judge or full-time court commissioner of a California court of record, federal judge, or federal magistrate: not to exceed three years.
• Custodial officer employed by the sheriff under Section 831.5: not to exceed four years, and invalid when that employment ends.
• Section 26170 license to a Section 830.6 peace officer: not to exceed four years, and invalid when the appointment ends.

Section 26210 requires written notice to the licensing authority within 10 days of a change of residence, and the authority to notify the Department of Justice within 10 days of receiving it. A license may not be revoked solely for moving to another county, provided you have not breached its conditions or become prohibited. If residence was the basis for issuance, a license under Section 26150 or Section 26155 expires 90 days after you move from the county of issuance, and a loaded-and-exposed license is revoked immediately on that move.

Section 26215 lets a licensee apply to amend the license to add or delete a firearm, authorize concealed carry, authorize loaded-and-exposed carry in a county under 200,000 population, or change restrictions or conditions. An amendment does not extend the original expiration date and is not a renewal application.

Conditions that ride on every license

While carrying under the license, Cal. Penal Code Section 26200(a) forbids a licensee to:

• Consume an alcoholic beverage or controlled substance, or be under the influence of any alcoholic beverage, medication, or controlled substance.
• Be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption.
• Carry a firearm not listed on the license, or one they are not the recorded owner of, subject to the Section 26170 agency-firearm exception.
• Falsely represent to a person that the licensee is a peace officer.
• Engage in an unjustified display of a deadly weapon.
• Fail to carry the license on their person.
• Impede a peace officer, or refuse on demand to display the license or provide the firearm for inspection.
• Violate any federal, state, or local criminal law.

Section 26200(b) lets the licensing authority add reasonable restrictions as to time, place, manner, and circumstances, which Section 26200(c) requires to appear on the license. Section 26200(d) caps a licensee at two firearms under their control at one time.

Under Section 26180, filing an application required by Section 26175 knowing a statement in it is false is a misdemeanor. Knowingly making a false statement on the application about a license denial or revocation or a denied amendment, a criminal conviction, a finding of not guilty by reason of insanity, use of a controlled substance, a dishonorable discharge from military service, a commitment to a mental institution, or a renunciation of United States citizenship is a felony.

See Application Process for filing, Training Requirements for course content and hours, and Fees and Costs for charges.

Constitutional Carry in California

California does not have constitutional carry. It is not a permitless-carry state.

To carry a handgun concealed in public, or to carry any loaded firearm in public, you must hold a valid California carry license (commonly called a CCW). There is no provision in California law that lets a member of the public carry a concealed or loaded handgun in public without a license. Carrying a concealed firearm without a license is a crime under Penal Code 25400, and carrying a loaded firearm in public without authorization is a separate crime under Penal Code 25850. Both offenses are "wobblers" or misdemeanors in the ordinary case and become felonies under aggravating circumstances such as a prior felony conviction, a stolen firearm, or the carrier being a prohibited person (Penal Code 25400(c); Penal Code 25850(c)).

A License Is Required to Carry

California is a licensed, shall-issue carry state. A license to carry a concealable firearm is issued either by the sheriff of the county where you live or work (Penal Code 26150) or by the chief of a municipal police department for the city where you live (Penal Code 26155). The two statutes apply the same substantive standard.

AB 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, restructured both Penal Code 26150 and Penal Code 26155 into separate application pathways. Subdivision (a) covers a California resident who applies in the county or city where the person lives, or where the person has a principal place of employment or business. Subdivision (b) is a separate pathway for a non-California resident to apply. So California now has a general non-resident carry license pathway, not a system that is limited to in-state residents.

For a California resident, the licensing authority "shall issue or renew" a license under subdivision (a) of Penal Code 26150 or Penal Code 26155 when the applicant shows all of the following:

• The applicant is not a "disqualified person" under the standards in Penal Code 26202.
• The applicant is at least 21 years of age and presents clear evidence of identity and age.
• The applicant resides in, or has a principal place of business or employment in, the issuing jurisdiction.
• The applicant has completed the training course described in Penal Code 26165.
• The applicant is the recorded owner, with the California Department of Justice, of the firearm for which the license is issued.

A non-California resident applies under subdivision (b) of the same statute. The non-resident must show that they are not a disqualified person under Penal Code 26202 and under any comparable disqualifiers in their home state, must be at least 21 with a valid out-of-state driver's license or DMV identification card, must attest under oath that the chosen jurisdiction is the primary California location where they intend to travel or spend time, must complete the required training and live-fire exercises, and must identify each firearm to be licensed (Penal Code 26150(b); Penal Code 26155(b)).

Because the statute uses "shall issue" once these objective criteria are met, the licensing authority does not have discretion to deny a qualified applicant for lack of a special reason to carry. This reflects the change required after the U.S. Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen (2022), which struck down "good cause" or "justifiable need" requirements like the one California previously applied.

A license is issued in one of two formats (Penal Code 26150(c); Penal Code 26155(c)). The standard format is a license to carry concealed (Penal Code 26150(c)(1)). In a county with a population under 200,000, the licensing authority may instead issue a license to carry a handgun "loaded and exposed" that is valid only within that county (Penal Code 26150(c)(2)). For everyone else, the license authorizes concealed carry only.

Training Requirement

A new applicant must complete a training course of no less than 16 hours (Penal Code 26165(a)(1)). The course must cover firearm safety and handling, safe storage, lawful transport, the laws governing where a permitholder may carry, the law on permissible use of a firearm, and the law on the use of lethal force in self-defense. It must include a component of at least one hour on mental health and mental health resources, a written examination, and live-fire shooting exercises demonstrating proficiency with each firearm to be licensed (Penal Code 26165(a)(2) through (a)(6)). For a renewal, the course must be no less than 8 hours (Penal Code 26165(d)).

Fees, Term, and Processing Time

Application fees are set by the framework in Penal Code 26190. The state Department of Justice fee is limited to its processing costs, and the local licensing authority may charge an additional fee capped at its reasonable costs to process, issue, and enforce the license.

A standard license issued under Penal Code 26150 or 26155 is valid for a period not to exceed two years from the date of issuance (Penal Code 26220(a)). Longer terms apply to certain officials, such as judges and qualifying court commissioners (up to three years) and custodial officers (up to four years).

On timing, the licensing authority must give the applicant written notice of its initial disqualification determination within 90 days of receiving a completed application (Penal Code 26202(d)), and must give written notice approving or denying the license within 120 days of receiving the completed application, or 30 days after it receives the Department of Justice background information, whichever is later (Penal Code 26205(a)).

Disqualifiers

Penal Code 26202 lists the conduct and history that make an applicant a disqualified person who cannot receive or renew a license unless a court rules otherwise. These include being reasonably likely to be a danger to self, others, or the community; being subject to certain restraining or protective orders; specified recent convictions or charges; unlawful or reckless brandishing of a firearm; being an unlawful user of or addicted to a controlled substance, or currently abusing a controlled substance or alcohol; and certain firearm loss or failure-to-report histories. The licensing authority must conduct an investigation that includes a review of Department of Justice records, character references, and publicly available information about the applicant (Penal Code 26202(b)).

SB 2 and the Sensitive-Places Restrictions

After Bruen, the Legislature passed SB 2 (Stats. 2023, Ch. 249), effective January 1, 2024, which removed the old "good cause" standard, raised and standardized the qualifications above, and added a long list of "sensitive places" where a licenseholder may not carry. That list is at Penal Code 26230. The statute also lets a licensee transport a locked firearm through some of these areas in a vehicle and store it in a locked lock box out of plain view (Penal Code 26230(b) and (c)).

This part of the law has been heavily litigated, and not every category on the statutory list is being enforced today, so you must check the current status of a specific category before relying on it. In May v. Bonta and the consolidated case Carralero v. Bonta, a federal district court issued a preliminary injunction on December 20, 2023 blocking many of the Penal Code 26230 categories. The Ninth Circuit Court of Appeals then reversed that injunction in large part, and its mandate took effect on January 23, 2025. The court did not simply pause or "stay" the injunction. It reversed the injunction as to most categories, which put those categories back into force.

According to the California Department of Justice information bulletin on this decision (No. 2025-DLE-06, March 27, 2025), 20 of the 26 challenged sensitive-place categories are now in effect, and 6 categories remain enjoined and are not being enforced.

Currently enforceable (a licenseholder may not carry there). These include the categories that were never enjoined and the ones the Ninth Circuit put back into force:

• School zones (Penal Code 26230(a)(1)).
• Preschool and childcare facilities (Penal Code 26230(a)(2)).
• State executive and legislative branch buildings (Penal Code 26230(a)(3)).
• Court buildings (Penal Code 26230(a)(4)).
• Local government buildings (Penal Code 26230(a)(5)).
• Adult and juvenile detention and correctional facilities (Penal Code 26230(a)(6)).
• Places that serve alcohol for on-site consumption, such as bars and many restaurants (Penal Code 26230(a)(9)).
• Playgrounds and public or private youth centers (Penal Code 26230(a)(11)).
• Parks, athletic areas, and athletic facilities open to the public (Penal Code 26230(a)(12)).
• Most land controlled by the Department of Parks and Recreation or the Department of Fish and Wildlife (Penal Code 26230(a)(13)).
• Colleges and universities (Penal Code 26230(a)(14)).
• Casinos and other gambling or gaming establishments (Penal Code 26230(a)(15)).
• Stadiums and arenas (Penal Code 26230(a)(16)).
• Public libraries (Penal Code 26230(a)(17)).
• Airports and passenger vessel terminals (Penal Code 26230(a)(18)).
• Amusement parks (Penal Code 26230(a)(19)).
• Zoos and museums (Penal Code 26230(a)(20)).
• Nuclear Regulatory Commission sites (Penal Code 26230(a)(21)).
• Police, sheriff, and highway patrol stations (Penal Code 26230(a)(24)).
• Polling places and voting locations (Penal Code 26230(a)(25)).

Currently enjoined (not being enforced pending further appeal). As of the January 23, 2025 mandate, these 6 categories remain blocked by the December 2023 preliminary injunction, so they are not operative carry rules right now. Carry in these places is governed by the underlying private-property or other rules rather than by Penal Code 26230, and you should confirm the litigation status before relying on this:

• Hospitals and medical facilities (Penal Code 26230(a)(7)).
• Public transit and transit property (Penal Code 26230(a)(8)).
• Permitted public gatherings and special events (Penal Code 26230(a)(10)).
• Places of worship (Penal Code 26230(a)(22)).
• Financial institutions (Penal Code 26230(a)(23)).
• Privately owned commercial establishments open to the public, which is the default rule that bars carry unless the operator posts a sign permitting licenseholders to carry (Penal Code 26230(a)(26)).

Because this litigation is ongoing and a category can move between these lists, treat any list as a snapshot and confirm the current rule before carrying near one of these locations.

Open Carry Is Generally Prohibited

Open carry is not a substitute for a license. Carrying a loaded firearm openly in public is barred by Penal Code 25850. Separately, openly carrying an exposed and unloaded handgun in a public place or on a public street in an incorporated city (or in a prohibited area of an unincorporated county) is a misdemeanor under Penal Code 26350, and openly carrying an exposed and unloaded firearm that is not a handgun (a long gun) in those public areas is a misdemeanor under Penal Code 26400. Together these statutes leave very little lawful public open carry of a handgun anywhere in California, which is why a carry license is the only practical route to carrying a handgun in public.

Self-Defense and Use of Force

California does not have a statutory "stand your ground" law. Penal Code 197 sets out when a homicide is justifiable, including in lawful defense of self or others against an apparent design to commit a felony or to cause great bodily injury. Penal Code 198.5 creates a presumption that a person who uses deadly force against someone who unlawfully and forcibly enters their residence held a reasonable fear of imminent peril, which is California's version of a "castle" rule for the home. While there is no statute that expressly removes a duty to retreat, the standard jury instructions used in California self-defense cases (CALCRIM 505 and 3470) tell jurors that a person who is not the aggressor has no duty to retreat and may stand their ground and even pursue an assailant if reasonably necessary to defend against the threat. The practical effect is similar to a no-duty-to-retreat rule, but it comes from case law and jury instructions rather than a stand-your-ground statute.

Other California Restrictions Still Apply

A carry license does not exempt you from California's other firearm laws, several of which are themselves the subject of active federal litigation. Examples include the requirement that most firearm transfers between private parties go through a licensed dealer (Penal Code 27545) along with the mandatory 10-day waiting period before a dealer may deliver a firearm; the Unsafe Handgun Act and the Roster of Handguns Certified for Sale (Penal Code 32000 et seq.), the microstamping piece of which has been challenged in Boland v. Bonta; the ban on large-capacity magazines, challenged in Duncan v. Bonta; and the assault weapons restrictions tied to the definition in Penal Code 30515, challenged in Miller v. Bonta. Because these regimes change as courts rule, confirm the current status of any specific restriction before acting on it.

Key Takeaway

Anyone who wants to carry a concealed or loaded handgun in public in California must obtain a carry license from the county sheriff (Penal Code 26150) or municipal police chief (Penal Code 26155). After AB 1078, a California resident applies under subdivision (a) and a non-California resident applies under subdivision (b), so there is now a non-resident pathway as well. The license requires being at least 21, passing the Penal Code 26202 disqualifier screen, completing the Penal Code 26165 training, and being the registered owner of the firearm. Carrying without a license violates Penal Code 25400 or Penal Code 25850. Even with a license, the sensitive-place limits in Penal Code 26230 apply, but 6 of the 26 categories are currently enjoined and not being enforced, so verify the current status of a category before you rely on it.

Carrying a Concealed Firearm in California

The headline

Carrying a concealed handgun in California is a crime under Penal Code Section 25400 unless a statutory exemption applies. Section 25655 makes a California carry license the principal exemption: Section 25400 "does not apply to, or affect," concealed carry by a person "authorized to carry that weapon in a concealed manner pursuant to Chapter 4 (commencing with Section 26150)."

Section 25850 runs in parallel and a license answers it too. It reaches a loaded firearm carried in public whether hidden or in plain view, and Section 26010 exempts handgun carry authorized under the chapter beginning at Section 26150. For the license itself, see PERMIT_BASICS and APPLICATION_PROCESS.

What counts as carrying concealed

Section 25400(a) reaches any pistol, revolver, or other firearm capable of being concealed upon the person, a term defined at Section 16530. A person is guilty who does any of the following:

• Carries it concealed within any vehicle that is under the person's control or direction.
• Carries it concealed upon the person.
• Causes it to be carried concealed within any vehicle in which the person is an occupant.

Section 25400(b) provides: "A firearm carried openly in a belt holster is not concealed within the meaning of this section." That does not make open carry lawful. Section 26350 makes it a misdemeanor to carry an exposed and unloaded handgun, whether outside a vehicle or inside or on one, in a public place or public street in an incorporated city or city and county, on a public street in a prohibited area of an unincorporated area, or in a public place in a prohibited area. Section 26400 makes it a misdemeanor to carry an unloaded firearm that is not a handgun on the person and outside a vehicle in an incorporated city or city and county, or in a public place or public street in a prohibited area of an unincorporated area. See OPEN_CARRY.

How Section 25400 is graded

Section 25400(d)(1) requires county jail of at least three months and not exceeding six months for a person previously convicted of a misdemeanor enumerated in Section 23515, and Section 25400(d)(2) makes three months a condition of probation or a suspended sentence for a person with a prior felony or a prior conviction under a provision listed in Section 16580. Section 25400(e) permits departure only in unusual cases where the interests of justice would be better served, on stated reasons. Section 29800, the felony prohibition amended by AB 1078 at Stats. 2025, Ch. 570, Sec. 19, is the aggravator behind Section 25400(c)(4) and Section 25850(c)(4). See RESTRICTIONS.

AB 109 last amended Section 25400 at Stats. 2011, Ch. 15, Sec. 543, and the section became operative January 1, 2012.

The loaded-carry offense that rides along

Section 25850(a) reaches a loaded firearm carried on the person or in a vehicle in any public place or on any public street in an incorporated city or city and county, or in a prohibited area of an unincorporated area. Section 16840, as the Attorney General's 2021 California firearms laws summary states it, deems a firearm loaded when a live cartridge or shell is in or attached in any manner to it, including in an attached magazine or clip. Section 25850(b) lets peace officers examine any firearm carried on the person or in a vehicle in those places to determine whether it is loaded, and refusing that inspection is probable cause for arrest under the section.

Section 25850(c)(1) to (c)(5) track the grid above: felony treatment on (c)(1) to (c)(4), and on (c)(5) a Section 1170(h) or county jail term up to one year, a fine up to $1,000, or both. Section 25850(c)(6) does not track. It turns on the single fact that the person is not listed with the Department of Justice under Section 11106 as the recorded owner of the handgun, with no loaded-or-accessible element of its own, and draws that same penalty range. Section 25850(c)(7) makes every other case a misdemeanor punishable by county jail up to one year, a fine up to $1,000, or both, and Section 25850(d)(1) adds a three-month jail floor for a prior conviction of an offense enumerated in Section 23515 or under a provision listed in Section 16580. Under Section 25850(e), a violation punished by county jail not exceeding one year is not a conviction of a crime punishable by more than a year for federal firearms eligibility under 18 U.S.C. Section 922(g)(1). SB 2 amended Section 25850 at Stats. 2023, Ch. 249, Sec. 9, effective January 1, 2024.

How a license changes the analysis

A license under Section 26150 (sheriff), Section 26155 (municipal police chief), or Section 26170 (a person deputized or appointed as a peace officer under Section 830.6(a) or (b) by that sheriff or chief) clears Section 25400 through Section 25655 and Section 25850 through Section 26010.

For a license under subdivision (a), Section 26150(c) and Section 26155(c) direct the licensing authority to issue or renew in either of the following formats: a license to carry concealed, or, where the county population 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. Under Section 26155(c)(2) the county measured is the one in which the city is located. AB 1078 amended both sections at Stats. 2025, Ch. 570, effective January 1, 2026.

Section 26200(a) lists what a licensee may not do while carrying under the license. Paragraph (a)(1) bars consuming an alcoholic beverage or a controlled substance described in Health and Safety Code Sections 11053 to 11058. It says nothing about medication. Paragraph (a)(2) bars being in "a place having a primary purpose of dispensing alcoholic beverages for onsite consumption". That is a broader class of premises than a bar. Paragraph (a)(3) is the under-the-influence limb and the only one that reaches medication: being under the influence of any alcoholic beverage, medication, or controlled substance described in those same sections. Paragraph (a)(4) bars carrying a firearm not listed on the license or one the licensee is not the recorded owner of, except that a licensee holding a Section 26170 license may carry a firearm registered to the agency that deputized or appointed the licensee as a peace officer, carried consistent with that agency's policies. The remaining paragraphs bar falsely representing being a peace officer, unjustified display of a deadly weapon, failing to carry the license, impeding a peace officer, refusing to display the license or produce the firearm on demand, and violating any criminal law. See UNDER_INFLUENCE and DUTY_TO_INFORM.

Section 26200(b) lets the licensing authority add reasonable restrictions as to time, place, manner, and circumstances, and Section 26200(c) requires them to appear on the license itself. Section 26200(d) bars a licensee from having more than two firearms under the licensee's control at one time. SB 2 amended Section 26200 at Stats. 2023, Ch. 249, Sec. 19, effective January 1, 2024.

At home, at work, and on your own property

Section 25605(a) takes Section 25400 and the open-carry chapter beginning at Section 26350 off a citizen or legal resident over 18 who resides or is temporarily within the state, is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 or by Welfare and Institutions Code Section 8100 or 8103, and carries a handgun openly or concealed within that person's place of residence, place of business, or on private property owned or lawfully possessed by that person. Section 25605(b) requires no permit or license for that conduct. The exemption is written for a handgun, and Section 25605(c) leaves the application of Sections 25850 to 26055 unaffected, so loaded carry at those same places runs through Section 26035 instead.

Transporting instead of carrying

Section 25610 is the unlicensed transport route, narrowed by SB 2 at Stats. 2023, Ch. 249, Sec. 8, effective January 1, 2024. It protects a citizen over 18 who resides or is temporarily within the state and is not prohibited from possessing a firearm, when transporting a concealable firearm "for any purpose specified in Sections 25510 to 25595, inclusive," and when the firearm is unloaded and either locked in the vehicle's trunk or a locked container in the vehicle, or carried directly to or from a motor vehicle within a locked container.

Those purposes include travel to and from a residence, place of business, or private property owned or lawfully possessed (Section 25525), a licensed target range (Section 25540), a recognized safety or hunter safety class or sporting event (Section 25520), a gun show or lawful transfer (Section 25535), a lawful repair, sale, loan, or transfer (Section 25530), a lawful camping activity (Section 25550), compliance with the transfer, delivery, and relinquishment provisions listed in Section 25555, operative January 1, 2026, a place a licensing authority designates at its request while a license application is pending (Section 25545), and travel directly between places where an exemption from Section 25400(a), Section 25850(a), or Section 26350(a) applies (Section 25590).

Article 3 has its own gate at Section 25505: a firearm exempted under the article, while transported to or from a place, "shall be unloaded and kept in a locked container, and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances." See TRANSPORT and VEHICLE_CARRY for the locked container definition at Section 16850.

Other exemptions and defenses

Article 4 of Chapter 2, at Sections 25600 to 25655, exempts from Section 25400 licensed firearm manufacturers, importers, wholesalers, repairers, and dealers moving unloaded merchandise (Section 25615), military and National Guard members on duty (Section 25620), authorized organizations carrying unloaded while parading (Section 25625), guards and messengers of common carriers, banks, and financial institutions shipping valuables (Section 25630), target shooting club members on established ranges (Section 25635) and licensed hunters and fishermen (Section 25640), each with unloaded transport to and from the activity, and unloaded transport by a licensed common carrier under federal law (Section 25645). Under Section 25650, on the approval of the sheriff of the retiree's county of residence, Section 25400 does not apply to an honorably retired federal law enforcement officer or agent, and the sheriff issues a permit valid for not more than five years, carried while carrying concealed and revocable for good cause.

Section 25850 runs its own chain at Sections 26000 to 26060: military forces on duty (Section 26000), target range users and shooting club members hunting on club premises (Section 26005), armored vehicle guards (Section 26015), retired federal officers on a matching sheriff-approved five-year permit (Section 26020), patrol special police and others with firearms training approved by the Commission on Peace Officer Standards and Training (Section 26025), guards and messengers holding a certificate under Section 26030(d), a lawful business or private property (Section 26035), hunting inside an incorporated city where the city council has not prohibited it (Section 26040), and making or attempting a lawful arrest (Section 26050).

Section 25600 supplies a justification, not an exemption: a violation of Section 25400 is justifiable when a person possessing a firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order against another person found to pose a threat to that person's life or safety. It may not apply where the circumstances involve a mutual restraining order under Division 10 of the Family Code absent a factual finding of a specific threat, and Section 25600(b) leaves the reasonable belief to the trier of fact. Section 26045(b) does the same for Section 25850, and Section 26045(a) adds a branch for immediate grave danger to a person or property, immediate being defined in Section 26045(c) as the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before its assistance arrives.

Where a license stops

Section 26230(a) bars a licensee from carrying on or into the locations it lists. Except at the nuclear sites in paragraph (21) and the places prohibited by federal law in paragraph (28), Section 26230(b) lets a licensee transport a firearm and ammunition within their vehicle with the firearm locked in a lock box. Section 26230(c) lets a licensee barred from a location's parking area transport a concealed firearm or ammunition into and out of that area in a lock box, store it there in a locked lock box out of plain view, and carry it in the immediate area around the vehicle only to store or retrieve it out of plain view inside the vehicle. Section 26230(f) allows travel along a public right-of-way that touches or crosses those premises, subject to the exception in Section 26230(a)(14), with no loitering, and Section 26230(g) preserves carry otherwise expressly authorized by law. AB 1078 amended the section at Stats. 2025, Ch. 570, Sec. 12, effective January 1, 2026.

California DOJ Information Bulletin 2025-DLE-06, dated March 27, 2025, implements Wolford v. Lopez, the Ninth Circuit decision in the May v. Bonta and Carralero v. Bonta appeals. It advised law enforcement that, effective January 23, 2025, the decision reversed in part the preliminary injunction, making the section enforceable again as to locations including bars and restaurants serving alcohol, parks and athletic facilities, libraries, and stadiums. The same bulletin states the injunction continues as to hospitals and medical facilities, public transit, permitted public gatherings, places of worship, financial institutions, and privately owned commercial establishments open to the public. That bulletin predates the AB 1078 amendments to Section 26230 effective January 1, 2026. Confirm current status through the Attorney General's information bulletins, and read PROHIBITED_PLACES for the locations.

Open Carry Laws in California

General Legality

Open carry is generally illegal in California. With very narrow exceptions, you may not carry a firearm (loaded or unloaded, handgun or long gun) exposed in public.

This is the opposite of the rule in most states. California law makes openly carrying a firearm a crime under three parallel statutes:

If you have a prior felony conviction, are an active criminal-street-gang member, or the firearm is stolen, the loaded-carry charge under Section 25850 escalates to a felony. The graduated penalty scheme is detailed below.

"California's restrictions on the open carrying of firearms and issuance of open-carry licenses remain in effect and should continue to be followed by law enforcement agencies and prosecutorial agencies at this time until further action by the court." Source: California DOJ Division of Law Enforcement, Information Bulletin No. 2026-DLE-04 (January 7, 2026)

Your safe assumption: outside of private land you own or control, open carry in California requires a license issued under Cal. Penal Code Section 26150 or Section 26155, or one of the narrow statutory exceptions discussed below. Anything else risks prosecution.

Who May Open Carry

The general answer is almost no one in most of California. There are three categories of people who may openly carry, and each turns on either an exception or a license:

1. Peace officers and honorably retired peace officers

Active peace officers and honorably retired peace officers who are eligible to carry concealed under Cal. Penal Code Section 25450 et seq. (or to carry a loaded firearm under Section 25900 et seq.) are exempt from all three open-carry statutes. The exemptions are spelled out in Cal. Penal Code Section 26361 (handguns) and Cal. Penal Code Section 26405 (long guns).

2. License-holders in low-population counties

If you live in a county with a population under 200,000 people, the sheriff of that county (or the chief of police of a city within that county) may issue you a license to carry a loaded, exposed handgun under Cal. Penal Code Section 26150 or Section 26155.

If you hold one of these licenses:

• You may openly carry a loaded handgun within the issuing county
• You must follow all the same sensitive-place restrictions that apply to a CCW (no schools, courthouses, government buildings, hospitals, places that serve alcohol, etc.; see Prohibited Places)
• Your license is valid only in the issuing county. It does not authorize open carry in Los Angeles County, San Francisco, San Diego, Sacramento, Orange, Riverside, San Bernardino, Alameda, Contra Costa, Santa Clara, or any other county above the 200,000-person threshold.
• The license is issued under the same chapter of the Penal Code as the CCW license (Cal. Penal Code Section 26150 et seq.). For the application process, training, fees, and renewal requirements, see the Application Process and Training Requirements sections of this guide.

3. Specific narrow statutory exceptions

A handful of activities are exempt from the open-carry prohibitions even without a license. The most commonly invoked:

• Hunters and target shooters transporting unloaded firearms to or from authorized hunting locations or established target ranges
• Members of a target-shooting club while on the established range
• Firearms-industry merchandise. A person engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms (and who is licensed for that business), or that person's authorized representative, while engaged in the lawful course of the business
• Authorized military or civil organizations while parading or rehearsing parading at the meeting place of the organization
• Auctions, raffles, or similar events of nonprofit public benefit or mutual benefit corporations selling firearms to fund their activities, where the firearm is delivered by a licensed dealer under Cal. Penal Code Sections 26700 to 26915
• Publicly owned land where possession and use of an unloaded firearm other than a handgun is specifically permitted

The complete exception lists appear in Cal. Penal Code Sections 26361 to 26392 (handguns) and Cal. Penal Code Section 26405 (long guns). The Section 26405 exception list is extensive, with at least 30 enumerated subdivisions covering everything from movie productions to gun shows. If you think your activity might be exempt, consult the full text of these sections; do not rely on this summary.

Where Open Carry Is Prohibited

The simplest answer: everywhere a member of the public can normally go in California. The three open-carry statutes apply to:

• Any public place in an incorporated city or city and county
• Any public street in an incorporated city or city and county
• Any public street in a "prohibited area" of an unincorporated area of a county
• Any public place in a "prohibited area" of an unincorporated area

The phrase "prohibited area" is defined elsewhere in the Penal Code (Cal. Penal Code Section 17030 and related provisions) and is intended to capture areas where open carry would create public alarm. In practice, most populated land in California is a "prohibited area." If you're not on private property you own or control, treat open carry without a license as illegal.

Sensitive Places (Apply to Everyone, License or Not)

Even if you hold a Section 26150 open-carry license, you may not carry in:

• Schools and weapon-free school zones
• Courthouses
• Government buildings and adjacent grounds and parking areas
• Establishments that serve alcohol for on-premises consumption
• Public parks, playgrounds, and recreational areas
• Polling places
• Private property where the owner has not given express authorization

Enjoined and not enforceable: Per California DOJ-DLE Information Bulletin No. 2025-DLE-06, the Ninth Circuit affirmed the preliminary injunction against the sensitive-place restrictions for hospitals (Cal. Penal Code Section 26230(a)(7)) and public transportation facilities (Section 26230(a)(8)) in the Wolford v. Lopez litigation, so these two restrictions remain unenforceable. Confirm the latest status with the DOJ-DLE bulletin or the California AG's office before relying on these restrictions.

The sensitive-place list expanded under SB 2 (2023) and continues to evolve. For the full current list, see the Prohibited Places section of this guide.

Open Carry in Vehicles

You cannot open-carry in a vehicle in California, license or not. Both Cal. Penal Code Section 25850 (loaded carry) and Cal. Penal Code Section 26350 (unloaded handgun carry) apply when the firearm is "in a vehicle," not just on the person. Cal. Penal Code Section 26350(a)(2) is explicit: a person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun "inside or on a vehicle, whether or not on his or her person."

There is no general "in your own car" carve-out in California open-carry law.

Lawful Transport (Without a CCW or Open-Carry License)

If you need to transport a firearm in a vehicle without a CCW or open-carry license, follow these steps:

1. Unload the firearm completely. No round in the chamber. Per the U.S. Concealed Carry Association cross-reference of California transport law, ammunition must not be attached to the firearm during transport.
2. Place the firearm in a locked container designed for firearm storage. Under California law, a locked container is "a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device." The glove box and the center console do not count as locked containers.
3. Place the locked container in the trunk (or in a locked container in the vehicle other than the utility or glove compartment). If the vehicle has no trunk, place it in a location that is not readily accessible to occupants of the passenger compartment.
4. Keep ammunition separate from the firearm during transport.

Lawful transport purposes include:

• Going to or from a place of repair
• Going to or from a public or private shooting range
• Going to or from a hunting location
• Moving the firearm between residences during a residential move
• Going to or from a gun show, place of sale, or place of purchase
• Going to or from a law-enforcement agency for safety inspection or surrender

If a Peace Officer Asks to Inspect

Cal. Penal Code Section 25850(b) authorizes a peace officer to examine any firearm carried on the person or in a vehicle in any public place or on any public street to determine whether it is loaded. Refusing the inspection is itself probable cause for arrest under Section 25850. If you are stopped, do not interfere with the inspection.

Note: this inspection authority is unique to Section 25850 (loaded carry). It does not apply to peace-officer encounters generally.

Penalties

The penalty scheme under Cal. Penal Code Section 25850(c) is the toughest of the three open-carry statutes because it covers loaded firearms. The grading depends on aggravators:

Mandatory minimum. Cal. Penal Code Section 25850(d) requires a minimum three-month county jail sentence for any Section 25850 conviction where the defendant has a prior conviction for an offense enumerated in Cal. Penal Code Section 23515 or Section 16580. The court may depart from the minimum only by stating its reasons on the record and in the minutes.

Federal-eligibility carve-out. A Section 25850 misdemeanor conviction punished by up to one year in county jail does not count as a conviction punishable by imprisonment exceeding one year for purposes of federal firearms eligibility under 18 U.S.C. § 922(g)(1). This is a narrow protection. It does not apply to the felony tiers.

Cal. Penal Code Sections 26350 and 26400 (unloaded carry) are misdemeanors at the baseline. Each firearm constitutes a separate offense (Sections 26350(d) and 26400(d)). If you are stopped openly carrying three unloaded handguns in violation of Section 26350, that is three counts.

Cal. Penal Code Sections 26350 and 26400 also preserve prosecutorial flexibility: nothing in either section bars prosecution under any other applicable law with a greater penalty. In practice, an open-carry stop can lead to additional charges (felon in possession, prohibited person in possession, gang enhancements, etc.).

Recent Legal Developments: Baird v. Bonta

On January 2, 2026, a three-judge panel of the United States Court of Appeals for the Ninth Circuit issued an opinion in Baird v. Bonta, Case No. 24-565, holding that certain California laws restricting openly carrying loaded or unloaded firearms in public without a license in densely populated counties violate the Second Amendment.

This decision has not yet taken effect. Under Federal Rule of Appellate Procedure 41, a Ninth Circuit panel decision becomes final only when the court issues its "mandate," which typically happens at least 21 days after publication. California Attorney General Rob Bonta has filed a petition asking the full Ninth Circuit to vacate the panel opinion and grant en banc rehearing.

Per the California DOJ Division of Law Enforcement Information Bulletin No. 2026-DLE-04 (January 7, 2026):

"The mandate will not issue until that process is complete; if the Attorney General's petition is denied, the Ninth Circuit must still issue its mandate, which would render the decision final and transfer jurisdiction back to the district court for entry of judgment. None of those procedural steps has occurred."

"Accordingly, California's restrictions on the open carrying of firearms and issuance of open-carry licenses remain in effect and should continue to be followed by law enforcement agencies and prosecutorial agencies at this time until further action by the court."

What this means for you right now: until the mandate issues (and until any rehearing or U.S. Supreme Court review concludes), all three open-carry prohibitions remain fully enforceable. Anyone who openly carries in a densely populated California county before the mandate issues, in reliance on Baird, risks prosecution under Cal. Penal Code Section 25850, Section 26350, or Section 26400.

The status of this case is fluid. Before relying on any change in California open-carry law, check the latest DOJ-DLE Information Bulletin and any AG-issued guidance for current status.

Recent Legislation: SB 2 (2023)

The most recent statutory amendment to Cal. Penal Code Section 25850 reflects Senate Bill 2 (Stats. 2023, Ch. 249, Sec. 9), effective January 1, 2024. SB 2 strengthened California's gun-safety laws and revised the carry-license framework, including the sensitive-place restrictions discussed above.

The licensing framework, sensitive-place list, training requirements, and reciprocity posture are addressed in separate sections of this guide.

Definition of "Concealed" and Why "Open Carry" Matters

Cal. Penal Code Section 25400 defines the offense of carrying a concealed firearm. The line between concealed carry under Section 25400 and open carry under Sections 25850, 26350, and 26400 turns on whether the firearm is exposed.

In most states this distinction creates two separate, lawful options for permitted carriers. In California, both options are crimes for unlicensed carriers in most public places. The exposed/concealed distinction matters primarily because it determines which statute the prosecutor charges under, not whether the conduct is lawful.

If you carry under a Cal. Penal Code Section 26150 open-carry license in a low-population county, exposure is required (the license authorizes loaded, exposed carry). If you carry under a CCW issued under Section 26150 or Section 26155, concealment is required. (The geographic scope of a CCW differs from the open-carry license; see the Application Process section for details.)

Key Statutes Reference

Ambiguities and Notes

• The phrase "prohibited area of an unincorporated area" in Section 25850(a) and Section 26350(a)(1)(B)-(C) is defined elsewhere in the Penal Code. Confirm whether a given unincorporated locale is a "prohibited area" before relying on geographic-scope language.
• The exception lists in Sections 26361 to 26392 (handguns) and Section 26405 (long guns) are detailed and contain numerous subdivisions; this guide summarizes only the most commonly invoked exceptions.
• Open-carry licenses issued by county sheriffs in counties under 200,000 population are valid only in the issuing county. Persons holding an open-carry license should verify the geographic limitation on their license document.
• The Ninth Circuit's January 2, 2026 panel decision in Baird v. Bonta (Case No. 24-565) has not taken effect as of the date of this guide; California's open-carry restrictions remain enforceable until the Ninth Circuit issues its mandate. Confirm the latest status before relying on any change.

Source Information

• California Penal Code Section 25400. Carrying a concealed firearm. Source: California Legislative Information. Last scraped: 2026-05-04.
• California Penal Code Section 25850. Carrying a loaded firearm in public. Source: California Legislative Information. Last amended by Stats. 2023, Ch. 249, Sec. 9 (SB 2), effective January 1, 2024. Last scraped: 2026-05-04.
• California Penal Code Section 26350. Openly carrying an unloaded handgun in public. Source: California Legislative Information. Added by Stats. 2011, Ch. 725, Sec. 14 (AB 144), effective January 1, 2012. Last scraped: 2026-05-04.
• California Penal Code Section 26361. Exception for peace officers (open carry of unloaded handgun). Source: California Legislative Information. Last scraped: 2026-05-04.
• California Penal Code Section 26400. Carrying an unloaded firearm that is not a handgun in public. Source: California Legislative Information. Last scraped: 2026-05-04.
• California Penal Code Section 26405. Exemptions to Section 26400 (unloaded non-handgun open carry). Source: California Legislative Information. Last scraped: 2026-05-04.
• California DOJ Division of Law Enforcement. Information Bulletin No. 2026-DLE-04 (January 7, 2026), "California's Firearm Open Carry Laws Currently Remain in Effect." Last scraped: 2026-05-04.
• California DOJ Division of Law Enforcement. Information Bulletin No. 2025-DLE-06 (sensitive-place / Wolford v. Lopez analysis). Last scraped: 2026-05-04.
• California Office of the Attorney General, Office of Gun Violence Prevention, Overview of Firearm Law. Last scraped: 2026-05-04.
• California Office of the Attorney General, Firearms, Public Frequently Asked Questions. Last scraped: 2026-05-04.
• U.S. Concealed Carry Association, "California Gun Laws: CCW Reciprocity Map" (secondary source; cross-checked against the Penal Code statutes cited above). Last scraped: 2026-05-04.

California CCW Training Requirements

A new California carry license requires a training course of at least 16 hours. A renewal requires at least 8. Both floors come from Penal Code Section 26165, both courses have to be taught by a Department of Justice certified firearms instructor except for the mental health component, and both include a written examination and live fire on a range. The Firearm Safety Certificate most buyers need in order to buy a gun is a different program and does not satisfy either one.

Section 26165 sets the minimum, not your class. Your licensing authority (the county sheriff under Section 26150, or a municipal police chief under Section 26155) decides which specific courses it accepts, and it may require the course to come from its own approved vendor list, as San Diego County does.

The version of Section 26165 in force was rewritten by SB 2 and carries the footer "(Amended by Stats. 2023, Ch. 249, Sec. 13. (SB 2) Effective January 1, 2024.)". Hour counts predating that date describe the repealed version.

The initial course: 16 hours minimum

Section 26165(a) begins: "For new license applicants, the course of training for issuance of a license under Section 26150 or 26155 may be any course acceptable to the licensing authority that meets all of the following minimum criteria:". Paragraph (a)(1) then sets the length: "The course shall be no less than 16 hours in length."

That is a floor and a gate. No licensing authority may accept a shorter course from a new applicant, and clearing 16 hours does not by itself make a course acceptable.

Required subject matter

Paragraph (a)(2) requires that the course:

shall include instruction on firearm safety, firearm handling, shooting technique, safe storage, legal methods to transport firearms and securing firearms in vehicles, laws governing where permitholders may carry firearms, laws regarding the permissible use of a firearm, and laws regarding the permissible use of lethal force in self-defense.

Paragraph (a)(3) carves out a separate block inside the course: "The course shall include a component, no less than one hour in length, on mental health and mental health resources." That hour is part of the 16, not an addition to it, and it is the one component that Section 26165(a)(4) does not require a certified firearms instructor to teach.

Written examination

Paragraph (a)(5): "The course shall require students to pass a written examination to demonstrate their understanding of the covered topics."

Live fire and the proficiency demonstration

Paragraph (a)(6): "The course shall include live-fire shooting exercises on a firing range and shall include a demonstration by the applicant of safe handling of, and shooting proficiency with, each firearm that the applicant is applying to be licensed to carry."

Read "each firearm" literally. A California license lists the specific weapons you may carry: Section 26175(i)(1) requires the license to contain "a description of the weapon or weapons authorized to be carried, detailing the name of the manufacturer, the model, the serial number, and the caliber." If you want three handguns on the license, you shoot all three.

Round counts and passing scores are set locally. Section 26165(b) puts that duty on the issuing agency: "A licensing authority shall establish, and make available to the public, the standards it uses when issuing licenses with regards to the required live-fire shooting exercises, including, but not limited to, a minimum number of rounds to be fired and minimum passing scores from specified firing distances."

The San Diego County Sheriff, for example, publishes a course of fire requiring 100 rounds for the initial class, 50 rounds for the renewal class, and 30 rounds for each additional firearm, with a 15-round qualification string in which 13 rounds must hit on the line of, or inside, the target.

The community college alternative

Section 26165(c) gives the licensing authority one substitution: "Notwithstanding subdivision (a), 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."

This route is imposed by the agency rather than chosen by you.

The renewal course: 8 hours minimum

Renewals run on Section 26165(d): "For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than eight hours, and shall satisfy the requirements of paragraphs (2) to (6), inclusive, of subdivision (a). No course of training shall be required for any person certified by the licensing authority as a trainer for purposes of this section, in order for that person to renew a license issued pursuant to this chapter."

That cross-reference keeps almost everything. The renewal course still has to cover the subject matter in (a)(2), the mental health hour under (a)(3), the certified instructor rule in (a)(4), the written examination in (a)(5), and live fire with a proficiency demonstration for each listed firearm under (a)(6). The only requirement that changes is the length in (a)(1), which drops from 16 hours to eight.

The last sentence of subdivision (d) is a narrow exemption. A person the licensing authority has certified as a trainer for purposes of Section 26165 does not have to take a renewal course to renew their own license.

Time the renewal course against your license term. Under Section 26220(a), a license issued under Section 26150 or 26155 is valid for a period "not to exceed two years from the date of the license," with longer terms under Section 26220(c) and (d).

Do not pay for training too early

Section 26165(e) protects your money: "The applicant shall not be required to pay for any training courses prior to the initial determination of whether the applicant is a disqualified person pursuant to paragraph (1) of subdivision (d) of Section 26202."

Section 26202(d) is the other half. Within 90 days of receiving a completed application for a new license or a renewal, the licensing authority has to give the applicant written notice of its initial determination. If that determination is favorable, subdivision (d)(1)(A) provides that "the notice shall inform the applicant to proceed with the training requirements specified in Section 26165." Section 26202 was most recently amended by AB 1078, effective January 1, 2026.

Nobody can make you pay before that determination arrives, though nothing stops you from booking earlier.

Who is allowed to teach the course

Section 26165(a)(4): "Except for the component on mental health and mental health resources, the course shall be taught and supervised by firearms instructors certified by the Department of Justice pursuant to Section 31635, or in a manner to be prescribed by regulation."

DOJ has used that regulatory authority to build a dedicated CCW Program certified instructor track, described by the Bureau of Firearms and codified at California Code of Regulations, title 11, sections 4410 through 4412. Per the Bureau, applicants must:

• Be at least 21 years old and hold a valid Certificate of Eligibility, which has to be renewed annually (Cal. Code Regs., tit. 11, section 4410, subds. (a)-(d)).
• Present a valid California driver license or DMV identification card, with additional proof of lawful presence if the card is marked FEDERAL LIMITS APPLY (section 4410, subd. (b)).
• Submit an active or unexpired training certification from one of the entities the Bureau lists, and no others: a Bureau of Security and Investigative Services firearm training instructor credential; a POST firearms instructor, rangemaster, or concealed carry tactics instructor credential; authorization from a California accredited school to teach a firearm training course; a CHP or CDCR firearms instructor, weapons instructor, or rangemaster credential; or an NRA law enforcement instructor credential. An NRA Basics of Personal Protection Outside the Home instructor credential also counts, but per the Bureau only if the holder is additionally both an NRA Certified Pistol Instructor and a Personal Protection in the Home Instructor.
• Pass a live-fire shooting qualification on a range within the six months before applying. The Bureau requires it to be administered by someone certified by a listed entity, a set that also takes in federal rangemasters and firearm instructors, Federal Law Enforcement Training Center firearm instructor and rangemaster programs, and military marksmanship or firearms instructor MOS holders. You may not administer your own.
• File form BOF 1034. The Bureau states there is no DOJ fee for the instructor application itself, though the Certificate of Eligibility carries its own fee.

The Bureau states that a CCW Program DOJ Certified Instructor certification is valid for four years so long as the instructor keeps a valid COE (section 4410, subd. (e)). Per the Bureau, Section 4411 sets out revocation grounds that map directly onto the statute: false statements on the application, a course that falls short of the hour floors in Section 26165(a)(1) or (d), a course that omits the topics in Section 26165(a)(2), failure to require the written examination, failure to include the live-fire exercises and proficiency demonstration required by Section 26165(a)(6), or a finding that public safety would be endangered.

Per the Bureau, Section 4412 supplies an exemption from the application process. An active or honorably retired peace officer who is certified as a firearms instructor by POST may provide the Section 26165 course without going through the CCW instructor application, and reserve peace officers appointed under Penal Code Section 830.6 do not qualify for that exemption.

Nonresident applicants

Nonresidents take a different route through the same statute. Section 26150(b)(4), as amended by AB 1078 effective January 1, 2026, requires proof that the applicant "has completed a course of training that meets the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 26165 and subdivision (d) of Section 26165, as it pertains to the licensing authority to which the application is submitted." The same paragraph adds that if the licensing authority you applied to has approved no online training courses, you may complete an online course approved by any other licensing authority that issues licenses under that section. Section 26155(b)(4) carries parallel language for municipal police chiefs.

Live fire is handled separately for nonresidents. Section 26150(b)(5) requires that the applicant "has completed live-fire shooting exercises, as required by paragraph (6) of subdivision (a) of Section 26165, for each pistol, revolver, or other firearm for which the applicant is applying to be licensed to carry in California," and the same paragraph requires you to tell the licensing authority which live-fire course you intend to take, after which the authority either approves that course or suggests an acceptable alternative within 75 miles of your residence.

DOJ states the rule differently. Information Bulletin 2025-DLE-10, dated April 11, 2025, guides licensing authorities through the preliminary injunction that first opened California licenses to nonresidents, and it tells them a nonresident applicant must complete a course meeting the criteria in Section 26165, subdivision (a)(1) to (3) and (5) to (6), and subdivision (b). Those are not the paragraphs Sections 26150(b)(4) and 26155(b)(4) name. Ask the licensing authority you are applying to which cross-reference it is using.

Licenses issued to reserve peace officers

Section 26170 governs licenses issued to persons deputized or appointed as reserve peace officers under Penal Code Section 830.6(a) or (b). Its proof elements in Section 26170(a) are non-disqualification under Section 26202, age of at least 21 with clear evidence of identity and age, the reserve appointment itself, and recorded ownership of (or agency authorization to carry) the firearm. Completion of a Section 26165 course is not among them, unlike Section 26150(a)(4) and Section 26155(a)(4), which do list it.

The Firearm Safety Certificate is a purchase document, not carry training

The FSC lives in a separate article of the Penal Code. Section 31615(a)(1) makes it unlawful to "Purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used." Section 31615(a)(2) applies the mirror-image rule to the person selling, delivering, loaning, or transferring. Under Section 31615(b), "Any person who violates subdivision (a) is guilty of a misdemeanor."

According to the Bureau of Firearms FSC program FAQs, the certificate is earned by scoring at least 75 percent (23 correct out of 30 questions) on a written test administered by a DOJ certified instructor, the fee is twenty-five dollars, that fee covers a second attempt from the same instructor after 24 hours have elapsed, and the certificate is valid for five years from issuance.

Three points keep the two regimes straight:

1. The FSC gates acquisition. Section 26165 gates the carry license. Passing the FSC test does not shorten or replace the 16-hour or 8-hour course.
2. The certifications are separate. The Bureau states that the FSC Program and the CCW Program are separate certified instructor programs and that an FSC instructor is not automatically a CCW instructor.
3. The relationship runs one way. Section 31700(a)(9) exempts from the FSC requirement in Section 31615(a) "Any individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5." A carry license gets you out of the FSC. An FSC does not get you out of anything in Section 26165.

Quick reference

Before booking, pull your licensing authority's approved course list and its published live-fire standard under Section 26165(b), then check the current text of Section 26165 on the California Legislative Information site.

How to Apply for a California CCW License

You apply to a local licensing authority, never to the state. Penal Code section 26150 puts the decision with "the sheriff of a county." Section 26155 puts it with "the chief or other head of a municipal police department of any city or city and county." The Department of Justice writes the form and runs the records check, but does not issue the license.

AB 1078 (Stats. 2025, Ch. 570, effective January 1, 2026) rewrote much of this chapter, sections 26150, 26155, 26162, 26185, 26190, 26195, 26202, 26205, 26206, 26225 and 26230 among them. It did not change the order of the steps. SB 2 (Stats. 2023, Ch. 249, effective January 1, 2024) did that, in section 26202(d): you apply, get an initial eligibility determination, then train, then get fingerprinted. Any checklist that puts training before the application is describing law that changed in 2024.

Who you apply to

Section 26150(a) directs the sheriff to issue or renew for a California resident "upon proof of all of the following": not a disqualified person under section 26202; at least 21 with "clear evidence of the person's identity and age, as defined in Section 16400"; the residency hook below; completion of "a course of training as described in Section 26165"; and being the recorded owner of the firearm with the Department of Justice.

The issuing statutes hook residency differently. Section 26150(a)(3) accepts either residence or work: "The applicant is a resident of the county or a city within the county, or the applicant's principal place of employment or business is 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." Section 26155(a)(3) accepts only residence: "The applicant is a resident of that city or city and county." A police chief has no employment-based pathway. A sheriff does, and it costs you term length. Either way residency is rebuttable, and both sections treat voter registration and a homeowner's property tax exemption filing as prima facie evidence of it.

Sections 26150(d) and 26155(d) let a sheriff and a city police chief agree that one will process applications in place of the other, so you may file with the other office. Section 26160 requires each licensing authority to "publish and make available a written policy summarizing the provisions of Section 26150 and subdivisions (a) and (b) of Section 26155." The live-fire standard is not its subject: section 26165(b) separately requires the authority to make those standards public, down to a minimum round count and minimum passing scores from specified firing distances. Section 26170 is a separate track for a person "deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6" by that same sheriff or chief, whose fees "may be waived."

Non-California residents

Sections 26150(b) and 26155(b) now provide for nonresident licensing directly. The applicant must not be a disqualified person "as determined in accordance with the standards set forth in Section 26202 and all comparable statutes and provisions of law of the nonresident applicant's state of residence," must be at least 21 with either "[a] valid driver's license from their state of residence" or "[a] valid out-of-state identification card issued by the Department of Motor Vehicles," and must attest "under oath, that the jurisdiction in which they have applied is the primary location in California in which they intend to travel or spend time." Identification of a firearm that cannot lawfully be carried in California "shall be cause for denial of a license as to that pistol, revolver, or other firearm." TRAINING_REQUIREMENTS covers the modified course track.

Attorney General Information Bulletin 2025-DLE-10, dated April 11, 2025, describes a narrower nonresident pathway conditioned on membership in one of four named organizations, drawn from a preliminary injunction. That bulletin predates the January 1, 2026 amendments. Treat sections 26150(b) and 26155(b) as the operative text and confirm current guidance at oag.ca.gov.

The application form

Applications and amendment applications "shall be uniform throughout the state, upon forms to be prescribed by the Attorney General" under section 26175(a)(1)(A). The Bureau of Firearms publishes it as BOF 4012. Section 26175(b) requires the form to "include a section summarizing the requirements of state law that result in the automatic denial of a license."

Section 26175(c)(1) sets a floor for what you supply: identifying and physical description details, "the applicant's prior detentions, arrests, and criminal convictions," restraining and protective order history including out-of-state orders, mental health detention and certification history under the Welfare and Institutions Code, whether any licensing authority "in this state or elsewhere" has previously denied or revoked a carry license, and the names and contact information of "three persons willing to serve as references for the applicant," at least one of whom must be a person described in section 273.5(b) and at least one the applicant's cohabitant, each if applicable. Under section 26175(g) you "shall not be required to complete any additional application or form for a license," beyond clarifying information already provided.

Under section 26180(a), filing a section 26175 application "knowing that any statement contained therein is false is guilty of a misdemeanor." Under section 26180(b) a knowingly false statement is a felony where it concerns the denial or revocation of a license or the denial of an amendment, a criminal conviction, a finding of not guilty by reason of insanity, use of a controlled substance, dishonorable discharge from military service, commitment to a mental institution, or renunciation of United States citizenship.

Section 26162(a) requires that before issuance, renewal, or amendment under section 26150(a) or 26155(a), a licensing authority with direct access to the designated Department of Justice system "shall determine if the applicant is the recorded owner" of the firearm on the application. Under section 26162(b) an agency without access confirms it "with the sheriff of the county in which the agency is located."

The investigation and the interview

Section 26202(b) sets minimum investigative requirements, and the interview is now track-specific. Paragraph (b)(1) requires, "[f]or a license issued pursuant to subdivision (b) of Section 26150 or subdivision (b) of Section 26155, an in-person interview of the applicant or a virtual interview of the applicant, where the applicant appears by video and audio, at the applicant's election," and "[f]or renewal applications, the licensing authority may elect to forgo this requirement." Resident applicants can still be interviewed: section 26202(c) says the section "does not preclude the licensing authority from engaging in investigative efforts in addition to those listed in subdivision (b)."

Paragraph (b)(2) requires interviews "with at least three character references," and carries the same renewal escape hatch. Paragraphs (b)(3) through (b)(6) carry none, and apply across the board: a review of "publicly available information about the applicant, including publicly available statements published or posted by the applicant," review of the application, of the Department of Justice material described in section 26185, and of the California Restraining and Protective Order System through CLETS.

The 90-day initial determination

Section 26202(d) is the first hard clock: "Within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority shall give written notice to the applicant of the licensing authority's initial determination, based on its investigation thus far, of whether an applicant is a disqualified person".

If that determination is favorable, section 26202(d)(1)(A) says "the notice shall inform the applicant to proceed with the training requirements specified in Section 26165," and the authority "shall then submit the applicant's fingerprints or the renewal notification to the Department of Justice". Section 26165(e) matches on cost: an applicant "shall not be required to pay for any training courses prior to the initial determination".

If it is adverse, section 26202(d)(2) requires notice that the request "has been denied," a statement of "the reason as to why the determination was made," and notice of the right to request a court hearing under section 26206. That notice also satisfies section 26205.

Fingerprints and the Department of Justice check

Section 26185(a)(1) has the licensing authority submit fingerprint images upon issuing the section 26202(d)(1) notice. The Department then reports whether the person "is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm," and section 26185(a)(3) makes that report a precondition: "No new license shall be issued by any licensing authority unless the department confirms the applicant's eligibility".

Renewals are phased. Section 26185(b)(2) requires fingerprint images with renewal notifications submitted "on or after September 1, 2026," and section 26185(c)(3) carries the matching confirmation requirement. See RENEWAL_PROCESS.

Fees and psychological assessment

Section 26190(a)(1) requires the Department of Justice fee "at the time of filing the application," capped at its direct costs of furnishing the section 26185 report. The local fee splits: section 26190(b)(2) allows "[t]he first 50 percent of this additional local fee" to be collected on filing, and "[t]he balance of the fee shall be collected only upon issuance of the license." Dollar amounts belong in FEES_COSTS.

Section 26190(e)(1) makes the psychological assessment the licensing authority's option and your obligation: "If a psychological assessment on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist acceptable to the licensing authority." For a nonresident the authority may allow a virtual assessment or "approve an examination provider located within 75 miles of the applicant's residence." You "may be charged for the actual cost of the assessment." On renewal section 26190(e)(2) requires it "only if there is compelling evidence of a public safety concern to indicate that an assessment is necessary." The result feeds section 26202(a)(1), which disqualifies an applicant "reasonably likely to be a danger to self, others, or the community at large," as shown "by the results of any psychological assessment."

The decision deadline

Section 26205(a)(1) governs new licenses: the authority "shall give this notice within 120 days of receiving the completed application for a new license, or 30 days after receipt of the information from the Department of Justice described in paragraph (2) of subdivision (a) of Section 26185, whichever is later." A slow Department response moves the outside date.

Renewals split on the same September 1, 2026 line. Section 26205(a)(2) gives 120 days for renewals submitted before that date. Section 26205(a)(3) gives, for renewals submitted on or after it, 120 days "or 30 days after receipt of the information from the department described in paragraph (3) of subdivision (c) of Section 26185, whichever is later." Section 26205(b) requires that a denial "state which requirement was not satisfied."

Denial, revocation, and your remedy

Section 26195(a) blocks issuance where the Department reports the applicant is prohibited, where the applicant "knowingly provides any inaccurate or incomplete information" on an application or amendment request, or where the applicant fails the section 26195(c) duty to inform the issuing authority "of any restraining order or arrest, charge, or conviction of a crime referenced in Section 26202." Section 26195(b) requires revocation on those same grounds, and adds breach of a section 26200 condition or restriction and becoming a disqualified person under section 26202 after issuance. Revocation carries notice to the Department and immediate written notice to the licensee.

The remedy depends on the ground. If it is disqualified-person status under section 26202, section 26206 gives you a court hearing. You have "30 days after the receipt of the notice of denial" to file the Department's "Request for Hearing to Challenge Disqualified Person Determination" form in the superior court of your county of residence, or for a nonresident, "the county in which the application was submitted." An authority may require you to exhaust its own appeal first, and must "resolve any appeal within 60 days of when the appeal is filed," which restarts your 30 days from the unsuccessful appeal notice.

The court "shall set the hearing within 60 days of receipt of the request," the district attorney represents the people, and section 26206(e) provides that "[t]he people shall bear the burden of showing by a preponderance of the evidence that the applicant is a disqualified person". If the people fail, or the district attorney declines or fails to go forward, section 26206(f) splits by ground. Where the license was denied, 26206(f)(1) has the court order that you not be deemed disqualified and that the authority issue the training notice and submit your prints. Where it was revoked, 26206(f)(2) has the court order the license reinstated, with the original expiration date extended by the span between the section 26195(b)(3) revocation notice and the court's order. If the people prevail, section 26206(g) gives you the right "to file a subsequent application for a license no sooner than two years from the date of the hearing." Section 26206(h) flips the burden onto the applicant after two or more upheld or unchallenged denials or revocations in a 10-year period.

Other grounds route differently. Under section 26206(i), where the denial or revocation rests on failing the age, residency, training, or firearm-ownership paragraphs of section 26150(a) or 26155(a), or the age, appointment, or firearm-ownership paragraphs of section 26170(a), the notice must tell you that you "may apply to the superior court of the county in which they reside for a writ of mandate pursuant to Section 1085 of the Code of Civil Procedure," filed within 30 days of the notice.

After issuance

Section 26220(a) sets the ordinary term at "any period of time not to exceed two years from the date of the license." An employment-based license under section 26150 runs "not to exceed 90 days," valid only in the issuing county, "unless the license was issued pursuant to subdivision (d)," which covers a custodial officer under section 831.5 and runs up to four years.

Section 26215 covers amendments: adding or deleting a firearm, converting the license format, or changing restrictions. An amendment "does not extend the original expiration date," and an application to amend "does not constitute an application for renewal." Move, and section 26210(b) gives you 10 days to notify the authority in writing. If your residence was the basis for issuance, section 26210(d) expires the license 90 days after you move from the county of issuance. Section 26225 requires the authority to record license denials, amendment denials, issuances, amendments, and revocations, and to file copies with the Department of Justice.

For license terms and limits, see PERMIT_BASICS and PROHIBITED_PLACES.

California CCW Fees and Costs

What you pay, and who sets it

California splits the cost of a carry license into government fees created by Penal Code section 26190 and private charges you pay to vendors.

Section 26190 creates two government fees. Subdivision (a) requires a Department of Justice fee. Subdivision (b) requires a separate local fee charged by your sheriff or city police chief. Neither appears in the code as a dollar amount. The DOJ fee is "a fee determined by the Department of Justice." The local fee is "an amount equal to the reasonable costs" of the local agency's work.

Other costs sit outside section 26190. Among them: Live Scan fingerprint rolling, the training course under section 26165, and the cost of lawfully owning the handgun that goes on the license. Section 26190 sets no statewide total. Any total you see quoted comes from one licensing authority's schedule.

AB 1078 rewrote the fee statute for 2026

The operative text of section 26190 carries the footer "(Amended by Stats. 2025, Ch. 570, Sec. 6. (AB 1078) Effective January 1, 2026.)" The amendment took effect January 1, 2026, so any fee figure drawn from an earlier source is suspect until you check it against the current text.

The Department of Justice fee

Section 26190(a)(1) puts the DOJ fee at the front of the process: "An applicant for a new license or for the renewal of a license shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice for the direct costs of furnishing the information and report required by Section 26185."

Section 26185 is the background check. For a new license the licensing authority sends the DOJ your fingerprint images, and the DOJ reports whether you are prohibited from possessing a firearm.

The ceiling on future increases is in section 26190(a)(2): "After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department's budget." You do not pay the DOJ directly. Under section 26190(a)(3), "The officer receiving the application and the fee shall transmit the fee, with the fingerprints, if required, to the Department of Justice in accordance with Section 26185."

Because the amount is administrative rather than statutory, the figures below come from agency fee schedules. The Santa Barbara Police Department fee page lists a standard renewal of $77 and breaks it out as "$52 DOJ fee and $25 SBPD fee," with judicial and custodial or reserve renewals carrying $74 and $96 DOJ portions. The City of Brawley police fee schedule shows the same state figures on its renewal line, listing a "State Fee" of $52.00 for a standard two-year license, $74.00 for judicial, and $96.00 for reserve or custodial. Those are agency fee pages, not a DOJ fee schedule, so confirm the current amount with the agency taking your application.

Nonresident applicants pay the same money. Attorney General Information Bulletin 2025-DLE-10 states that "Initial and renewal fees shall be the same for Nonresident Applicants as they are for California resident applicants."

The local fee, and when each half is payable

Section 26190(b)(1) is mandatory on the local agency: "The licensing authority of any city, city and county, or county shall charge an additional fee in an amount equal to the reasonable costs for processing the application for a new license or a license renewal, issuing the license, and enforcing the license, including any required notices, excluding fingerprint and training costs, and shall transmit the additional fee, if any, to the city, city and county, or county treasury."

Fingerprint and training costs are carved out of the local fee by that language, so they reach you as separate charges.

The timing rule is section 26190(b)(2): "The first 50 percent of this additional local fee may be collected upon filing of the initial or renewal application. The balance of the fee shall be collected only upon issuance of the license." So the agency may take up to half of its own fee at filing, and the rest only on issuance.

The ceiling is section 26190(c): local fees "may be increased to reflect increases in the licensing authority's reasonable costs," but "[i]n no case shall the local fees exceed the reasonable costs to the licensing authority."

Local schedules list filing and issuance charges separately. Santa Barbara lists an "Initial Fee: $43 (non-refundable)" and an "Issuance Fee: $172 (Only if a permit is approved)" for a standard two-year permit. Brawley lists a "Police Department Application Review Fee" of $70.00 and a "Police Department Permit Issuance Fee" of $70.00 for a standard license. The Shasta County Sheriff's page lists a standard initial fee of $153.00 with a $39.00 issuance fee. Each of those is that jurisdiction's own published number, and each can change without any change in the Penal Code.

Amendments, duplicates, and moving

Section 26215(a) lets a licensee apply to add or delete a firearm, change the kind of carry the license authorizes, or change the restrictions or conditions on the license. Section 26210(a) folds a residence change into the same machinery: "When a licensee under this chapter has a change of address, the license shall be amended to reflect the new address and a new license shall be issued pursuant to subdivision (b) of Section 26215."

The fee for that sits in section 26190(d)(1): the licensing authority "may charge a fee in an amount not to exceed the reasonable costs to process the amended license. In no case shall the amount charged to the applicant for the amended license exceed the reasonable costs to the licensing authority." Section 26190(d)(3) sends it to the local treasury.

An amendment buys you no extra time. Section 26215(c) provides that "[a]n amendment to the license does not extend the original expiration date of the license", and section 26215(d) that "[a]n application to amend a license does not constitute an application for renewal of the license." You pay the amendment fee and still renew on the original schedule.

Amendment charges are set locally: Long Beach lists $10, Santa Barbara lists a $10 modification and replacement fee, and Shasta County lists $20.00 for a duplicate or modification. Note one trap in older county material. The Long Beach policy document, revised September 2023, ties its $10 amendment charge to Penal Code section 26190(e)(1). In the text effective January 1, 2026, subdivision (e)(1) is the psychological assessment provision and the amendment fee is subdivision (d)(1).

The psychological assessment: a cost cap, not a price

Section 26190(e)(1) applies only where the agency requires an assessment: "If a psychological assessment on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist acceptable to the licensing authority." For a nonresident applicant under section 26150(b) or 26155(b), the agency may allow a virtual assessment or "approve an examination provider located within 75 miles of the applicant's residence."

Then the money: "The applicant may be charged for the actual cost of the assessment. In no case shall the amount charged to the applicant for the psychological assessment exceed the reasonable costs to the licensing authority."

That is a ceiling on what you can be charged, not a price and not a fixed dollar cap. The current text of section 26190(e) sets no dollar figure. Older local policy documents may still carry one: the Sierra County concealed carry weapon policy caps psychological testing at $150 and puts that cost on the applicant. Check the date on any policy quoting a dollar cap for this item.

Renewal is different. Section 26190(e)(2) provides that "[a]dditional psychological assessment of an applicant seeking license renewal shall be required only if there is compelling evidence of a public safety concern to indicate that an assessment is necessary." The same actual-cost and reasonable-cost language applies.

Published schedules show how the charge is billed. Brawley lists "Psychological Testing Fee, if required: Pass-through." Santa Barbara states that any psychological exam fees "will be the responsibility of the applicant (paid directly to the psychological service provider at the time of service)."

Fingerprints and Live Scan

Fingerprint costs are excluded from the local fee by section 26190(b)(1) and are billed by the Live Scan operator. The Contra Costa County Office of the Sheriff puts it directly: "The CCW applicant is responsible for payment of the Live Scan fees. Live Scan fees include the fees charged by the DOJ and any fee the Live Scan provider charges for their service. Live Scan fees are separate from fees charged by the Office of the Sheriff for issuance of a permit."

An agency may bundle the two into one line. Brawley shows "LiveScan and DOJ Fee - $93.00" for a standard new application.

Training

Course price is set by your instructor, not by the state. Section 26165 fixes the content and length: no less than 16 hours for new applicants, including a component "no less than one hour in length, on mental health and mental health resources," a written examination, and "live-fire shooting exercises on a firing range" with a demonstration of safe handling and proficiency for each firearm you want listed. For renewal applicants the course "shall be no less than eight hours". Under section 26165(c) a licensing authority may instead require a POST-certified community college course "up to a maximum of 24 hours, but only if required uniformly of all license applicants without exception," which sets your seat time and therefore your bill.

One protection matters here. Section 26165(e): "The applicant shall not be required to pay for any training courses prior to the initial determination of whether the applicant is a disqualified person pursuant to paragraph (1) of subdivision (d) of Section 26202." That initial determination is due within 90 days of a completed application under section 26202(d). The San Diego County Sheriff's page reflects the sequence, telling applicants that after approval "an e-mail is generated instructing you to take your required safety course and pay the final fee," and that the applicant "is responsible for the payment of any fee associated with the training and certification required by Penal Code Section 26165."

Owning the handgun first

Sections 26150(a)(5) and 26155(a)(5) require that you be "the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued," so acquisition costs land before the application.

Section 31615(a) bars purchasing or receiving a firearm without a valid firearm safety certificate, and section 31615(b) makes a violation a misdemeanor. The DOJ Firearm Safety Certificate Program FAQ states that "[t]he fee for taking the FSC Test and obtaining an FSC is twenty-five dollars ($25)," that the fee "entitles you to take the test twice (from the same DOJ Certified Instructor) if necessary," and that a certificate is valid for five years. Once you hold the license, section 31700(a)(9) exempts "[a]ny individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5" from the certificate requirement.

On the dealer transaction itself, the DOJ public firearms FAQ states that "[t]he total state fee is $37.19," which it breaks into a DROS fee of $31.19, "a $1.00 Firearms Safety Act Fee, and a $5.00 Safety and Enforcement Fee."

The Department of Justice new-laws page names a further charge on the purchase itself. It states that AB 28 (Stats. 2023, ch. 231) "Imposes an excise tax in the amount of 11% of the gross receipts from the retail sale of firearms, firearm precursor parts, and ammunition." The tax is measured by gross receipts, so it does not appear in the state fee quoted above.

Renewal cost and how often you pay it

Renewal frequency is set by license term in section 26220. A license under section 26150 or 26155 is valid "for any period of time not to exceed two years from the date of the license." A judicial license under subdivision (c) runs up to three years, and a custodial officer license under section 831.5 runs up to four. Where "the licensee's place of employment or business was the basis for issuance," the license runs up to 90 days and is valid only in the issuing county.

Renewal money follows the same two channels as a new application. Section 26190(a)(1) charges the DOJ fee on renewal as well as on a new license, and section 26190(b)(1) covers renewal processing in the local fee, with the same subdivision (b)(2) cap on what may be taken at filing.

The Live Scan line is where renewal costs shift. Section 26185(b)(2) requires the licensing authority to submit fingerprint images for renewal applicants for each renewal notification submitted "on or after September 1, 2026." Renewal notifications submitted before that date are handled under section 26185(c)(2), which requires no new prints. If your renewal falls after the cutover, budget for the rolling fee again.

Do not let a license lapse without acting. Section 26225(e) provides that if a licenseholder "fails to submit an application for renewal within 90 days of the expiration of their license," the agency must ask the DOJ to terminate subsequent notification under section 11105.2(d).

Waivers and refunds

Section 26170 covers a person deputized or appointed as a peace officer under section 830.6 by that same sheriff or chief. Section 26170(b) provides that "[d]irect or indirect fees for the issuance of a license pursuant to this section may be waived." The waiver reaches only that license.

Section 26190 sets collection, apportionment, and ceilings. It contains no refund provision. The statewide application form, BOF 4012, has you certify the consequence directly: "I understand that the acceptance of any application by the licensing authority does not guarantee the issuance of a CCW license and that fees and costs are not refundable if denied." Section 26190(b)(2) does hold back the balance of the local fee until issuance, and section 26165(e) keeps training costs off you until the initial determination.

Before you write any checks, pull your licensing authority's published fee schedule and its section 26160 written policy, and confirm the current DOJ amount with that agency.

California CCW Permit Renewal Process

California concealed carry weapon (CCW) permits are issued by the county sheriff or local police chief. The renewal process varies slightly by issuing county but follows general statewide requirements under California Penal Code.

General Renewal Requirements

• Permit Duration: California CCW permits are valid for a set period (typically 2 years), after which they must be renewed through the issuing authority.
• Renewal Application: Applicants must complete the California Department of Justice Standard Initial and Renewal Application.
• Training Requirement: Renewal applicants must complete a CCW renewal course. In Placer County, for example, this is an 8-hour CCW renewal course provided by an approved instructor. Proof of completion must be dated within 90 days of the renewal application to be valid.
• Firearms Qualification: Proof of qualification must be submitted for each weapon the permit holder wishes to have listed on the renewed CCW license.
• Good Standing: Applicants must be current CCW license holders in good standing to qualify for renewal.
• Background Check: Renewal applicants are subject to continued eligibility requirements, including no felony convictions or specified misdemeanors (Penal Code Sections 29900-29905), no restraining orders, no active probation, and no history of disqualifying mental illness.

Expiration and Lapsed Permits

• If a CCW license is expired more than 90 days, the holder must apply as a new applicant rather than renewing (Placer County policy).
• Permit holders should begin the renewal process well before expiration to avoid a lapse in their carry authorization.

Renewal Fees

• Fees vary by county. For example, Placer County charges $77 to renew a CCW license.

Renewal Process by County (Examples)

Placer County

• Renewal is completed online through the county portal.
• Submit proof of completion of an 8-hour renewal course from an approved instructor (dated within 90 days).
• Submit proof of qualification for each firearm.
• Enter all firearms to appear on the renewed license.
• Fee: $77.
• Once completed, the renewed permit is mailed to the applicant.

Shasta County

• Renewal applications are submitted through the Permitium online portal.
• Renewal applicants must complete the online application and wait for an email advising that their permit is approved and ready for pick up.
• Walk-in pickup is available Monday through Thursday, 8:00 AM-12:00 PM and 1:00-4:00 PM (no appointment required for renewals).
• Applicants must complete a firearms safety course from a DOJ-certified instructor (per Senate Bill 2 requirements).

Senate Bill 2 (SB 2) Impact on Renewals

• SB 2 introduced new requirements for CCW instructors to become DOJ certified. Renewal applicants must ensure their training course is provided by a DOJ-certified instructor.
• County sheriff's offices are actively working to assist local CCW instructors in meeting the new certification requirements.

Public Records Disclosure

• Per Government Code Sections 6250-6276.48, certain information on CCW applications is subject to disclosure under the California Public Records Act. Applicants should carefully review the Public Disclosure Admonition on the DOJ Standard Application.

Modifications During Renewal Period

CCW holders may need to modify their license between renewals for:

• Adding, dropping, or changing a weapon (proof of qualification required for new weapons)
• Change of address (must be done within 10 days of moving; proof of new address and updated California driver's license required)
• Legal name change (updated California driver's license required)
• Modification fee: $10 (Placer County)
• Duplicate license fee (for lost/damaged): $10 (Placer County)

Key Eligibility Requirements (Maintained for Renewal)

Post-SB 2 (eff. Jan 1, 2024), renewal eligibility tracks the objective disqualified-person standard at Penal Code Section 26202. The pre-Bruen "Good moral character" prong is no longer the operative test - it has been REPLACED by Section 26202's enumerated disqualifying categories with 5- and 10-year lookbacks. County renewal application forms may still reference the pre-SB 2 framework; the controlling standard is Section 26202.

• Section 26202 disqualified-person check (federal/state prohibited person, two-or-more DUI convictions within 10 years, prior conviction within 10 years for offenses listed at Penal Code Sections 422.6/422.7/422.75/29805, commitment/incarceration/supervision for mental-health/alcohol/substance issues within 5 years, etc.)
• Resident of the issuing county or a city within it, or whose principal place of employment or business is in the county and who spends a substantial period of time there (Penal Code Section 26150(a)(3) / Section 26155(a)(3))
• Valid California identification
• At least 21 years of age
• Recorded owner (in the DOJ Automated Firearms System) of the pistol listed on the license (Section 26150(a)(5) / Section 26155(a)(5))
• No open criminal cases or pending citations
• No felony convictions or specified misdemeanors (Penal Code Sections 29900-29905)
• Not on active probation
• Not subject to a current restraining order or protection order (Family Code Section 6218 and Section 6389 for domestic-violence restraining orders; Code of Civil Procedure 527.6 and 527.8)

Note: A license is not revoked solely because the licensee's residence has changed to another county, so long as the licensee has not breached the license conditions and has not become prohibited from possessing firearms, but a license issued based on residency in the county of issuance expires 90 days after the licensee moves from that county (Penal Code Section 26210(c) and (d)). CCW holders who have moved from another state must still apply as new applicants, since California does not recognize a permit issued by another state.

Where California CCW Holders Cannot Carry

Holding a California license to carry does not mean you can carry everywhere. The place restrictions for licensees live mainly in Cal. Penal Code Section 26230, which tells a person licensed under Section 26150, 26155, or 26170 that they "shall not carry a firearm on or into any of the following", followed by a long list. Other statutes bar places on their own, including Section 626.9, the Gun-Free School Zone Act of 1995; Section 171b, covering state and local public buildings; and the airport, Capitol, official residence, and playground statutes set out below.

Section 26230 was amended by AB 1078 (Stats. 2025, Ch. 570, Sec. 12), effective January 1, 2026, and subdivision (a) has been the subject of active federal litigation.

The categories in Section 26230, subdivision (a)

Subdivision (a) reaches these locations in statutory order, paraphrased. Read the statute itself for exact wording.

• (a)(1) Any place prohibited by Section 626.9.
• (a)(2) Preschool and childcare property, with a carve-out for a qualifying family-home provider.
• (a)(3) Property controlled by an officer of the state executive or legislative branch, except as allowed under Section 171c(b)(2).
• (a)(4) Court buildings and their parking, unless you are a justice, judge, or commissioner of that court.
• (a)(5) Property controlled by a unit of local government, unless the firearm is carried for training under Section 26165.
• (a)(6) Detention and correctional institutions, prisons, jails.
• (a)(7) Hospitals, mental health facilities, nursing homes, medical offices, urgent care, and other places where medical services are customarily provided.
• (a)(8) Transportation paid for in whole or in part with public funds and publicly supported transportation authority property, unless the firearm is unloaded and locked in a qualifying lock box for transport.
• (a)(9) Vendors and establishments where intoxicating liquor is sold for consumption on the premises.
• (a)(10) Permitted public gatherings and special events on property open to the public, plus adjacent sidewalk or street out to 1,000 feet, with a walk-through exception to reach a residence, business, or vehicle.
• (a)(11) Playgrounds and youth centers as defined in Section 626.95, plus the immediately adjacent street or sidewalk.
• (a)(12) Parks and public athletic areas and facilities, plus the immediately adjacent street or sidewalk, with the same walk-through exception.
• (a)(13) Parks and Recreation and Fish and Wildlife property, except designated hunting areas, public shooting grounds, and buildings where possession is allowed by law.
• (a)(14) Community college, college, and university areas, including classrooms, clinics, venues, parking, sidewalks, and common areas.
• (a)(15) Gambling and gaming property, including casinos, gaming clubs, bingo operations, and Horse Racing Board licensed facilities.
• (a)(16) Stadiums and arenas, their property and parking, and collegiate or professional sporting or eSporting events.
• (a)(17) Public library property.
• (a)(18) Airports and passenger vessel terminals as defined in Section 171.5(a).
• (a)(19) Amusement parks.
• (a)(20) Zoos and museums.
• (a)(21) Nuclear energy, storage, weapons, and development sites regulated by the federal Nuclear Regulatory Commission.
• (a)(22) Places of worship and adjacent parking, unless the operator posts a permissive sign.
• (a)(23) Financial institutions and their parking areas.
• (a)(24) Police, sheriff, and highway patrol stations and law enforcement parking.
• (a)(25) Polling places, voting centers, precincts, other places where votes are cast or counted, and the immediately adjacent streets and sidewalks.
• (a)(26) Any other privately owned commercial establishment open to the public, unless the operator posts a permissive sign.
• (a)(27) through (a)(29) Any other place or area prohibited by other provisions of state law, by federal law, and by local law.

School zones: Section 626.9

The Gun-Free School Zone Act defines a "School zone" as "an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school." Possessing a firearm in a place you know or reasonably should know is a school zone is punished under subdivision (f) of that section.

Under subdivision (c)(5), the prohibition does not reach a Chapter 4 licensee carrying within 1,000 feet of school grounds, but that exception stops at any building, real property, or parking area under the control of a K-12 school and does not cover a street or sidewalk immediately adjacent to school-controlled property. The same paragraph then preserves the licensee path: nothing in it prohibits a Chapter 4 licensee from carrying in accordance with that license as provided in subdivisions (b), (c), or (e) of Section 26230, which are the vehicle lock-box route, the parking-area extension of it, and the rule on which lock box counts, all set out below.

Possession in or on the grounds of a K-12 school draws imprisonment under subdivision (h) of Section 1170 "for two, three, or five years." Possession inside the 1,000-foot ring is up to one year in county jail or that same term, and the felony term alone where the person has a prior felony or a conviction of a crime made punishable by a provision listed in Section 16580, is in a prohibited class, or carries a concealable firearm and the offense is punished as a felony under Section 25400. Subdivisions (h) and (i) reach college and university campuses: without written permission from the president or an equivalent authority, a loaded firearm on a covered campus carries two, three, or four years and a firearm carries one, two, or three years.

Do not wait for a posted warning. Subdivision (k) states that "This section does not require that notice be posted regarding the proscribed conduct," so the prohibition binds whether or not a sign is up. Subdivisions (h) and (i) carve themselves out of that rule: each says that notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited there. That duty runs to the school, and a missing sign does not make carrying lawful.

State and local public buildings: Section 171b

Section 171b makes it an offense to bring or possess a firearm, along with other listed weapons, "within any state or local public building or at any meeting required to be open to the public" under the open meeting laws subdivision (a) cites. It is a public offense "punishable by imprisonment in a county jail for not more than one year, or in the state prison".

None of the exemptions in subdivision (b) turns on holding a CCW license alone. Subdivision (b)(3) exempts a Chapter 4 licensee inside a court building only where the licensee is a justice, judge, or commissioner of that court, and subdivision (b)(4) exempts a person with written permission from the official in charge of building security. Subdivision (c) defines a state or local public building as one owned or leased by state or local government where public employees are regularly present for official duties, and excludes buildings covered by Sections 171c, 171d, 626.9, 626.95, and 626.10 and Elections Code Section 18544.

Airports, transit, the Capitol, official residences, and playgrounds

Section 171.5(b) makes it "unlawful for any person to knowingly possess any firearm in any building, real property, or parking area under the control of an airport, except as provided for in subdivision (b), (c), or (e) of Section 26230." Section 171.5, subdivision (f) grades a violation at up to six months in county jail, a fine not exceeding one thousand dollars ($1,000), or both.

Section 171.7(b) makes it "unlawful for a person to knowingly possess" a firearm "in a public transit facility", which subdivision (a)(1) defines to include a station on a public transportation route. Subdivision (c)(1) exemptions run to peace officers, qualifying retired and out-of-state officers, transit security, and checked baggage, not to a Chapter 4 licensee. The licensee's only path is subdivision (c)(3), which spares a person transporting "an unloaded firearm locked in a lock box" in compliance with Section 26230, paragraph (a)(8). Subdivision (d) grades a violation at up to six months in county jail, a fine not exceeding one thousand dollars ($1,000), or both.

Section 171c(a)(1) reaches a loaded firearm brought into or possessed within the State Capitol and its grounds, a legislative office, an office of the Governor or another constitutional officer, or a committee hearing room. Section 171d reaches a firearm brought into or possessed in, or upon the grounds of, a residence of the Governor, another constitutional officer, or a Member of the Legislature. Each carries up to one year in county jail, a fine of not more than one thousand dollars ($1,000), or both, or imprisonment under Section 1170(h). Section 171c(b)(2), which Section 26230, paragraph (a)(3) cross-references, exempts a Chapter 4 licensee only with permission from the Chief Sergeants at Arms.

Section 626.95(a) reaches a Section 25400 or Section 25850 violation on the grounds of or within a playground, or within a public or private youth center while it is open or while minors are using it, knowing you are on those grounds. It is punishable by imprisonment under Section 1170(h) for one, two, or three years, or in county jail not exceeding one year.

Parking areas, lock boxes, and passing through

Section 26230, subdivision (b) lets a licensee transport a firearm and ammunition in their vehicle when the firearm is locked in a lock box meeting the regulatory definition and listed on the Department of Justice Roster of Firearm Safety Devices Certified for Sale. Subdivision (c) of that section extends comparable treatment to a prohibited parking area: moving the locked firearm in and out, storing it out of plain view, and carrying it around the vehicle only long enough to store or retrieve it. Both allowances exclude paragraphs (a)(21) and (a)(28), and subdivision (b) does not preempt stricter local vehicle storage rules. Subdivision (e) grandfathers the box: for subdivisions (b) and (c), a lock box that was on the Roster at the time the licensee purchased it counts as compliant, so a later delisting does not strand a box you already own.

Neither allowance displaces Section 30310, which bars carrying ammunition or reloaded ammunition onto school grounds without written permission of the school district superintendent, a designee, or equivalent school authority, and grades a violation at up to six months in county jail, a fine not to exceed one thousand dollars ($1,000), or both. Paragraph (b)(10) of that section spares ammunition that is in the motor vehicle at all times and within a locked container or the locked trunk, so ammunition on school grounds cannot ride loose in the car even when the firearm is locked in a lock box.

Subdivision (f) of Section 26230 covers sidewalks. Except for paragraph (a)(14), colleges and universities, a licensee does not violate the section while "traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a)" if the firearm is carried or transported in accordance with law. It adds: "This section does not allow a person to loiter or remain in a place longer than necessary to complete their travel."

Signs and private property

Places of worship in paragraph (a)(22) and privately owned commercial establishments open to the public in paragraph (a)(26) run opposite to the rest. Paragraph (a)(22) bars carry unless "the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property." Paragraph (a)(26) uses the same sentence for "the operator of the establishment" instead. Both add that "Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size." On covered property, the absence of a sign is the prohibition, not permission.

Section 25605 exempts a qualifying resident carrying a handgun, openly or concealed, in their own residence or place of business or on private property they own or lawfully possess from Section 25400 and the open carry chapter beginning at Section 26350, and no license is needed there.

What the courts and the Attorney General have said about the litigation

The controlling Ninth Circuit decision is Wolford v. Lopez, one published opinion deciding the Hawaii appeal together with the California appeals in May v. Bonta and Carralero v. Bonta. It reviewed a December 20, 2023 preliminary injunction from the United States District Court for the Central District of California, affirming in part and reversing in large part, and on January 15, 2025 the panel denied the appellees' petitions for panel rehearing and rehearing en banc. California DOJ Information Bulletin 2025-DLE-06, dated 03/27/2025, is the Department's implementation guidance for that result and reports the reversal as effective January 23, 2025.

The court affirmed the injunction "insofar as it enjoins Defendant from implementing or enforcing California Penal Code sections 26230(a)(7), (8), (10), (22), (23), and (26)." The injunction as to paragraph (a)(8) does not reach Section 171.7, which independently bars firearms in a public transit facility as set out above. The court reversed as to sections "26230(a)(9), (11), (12), (13), (15), (16), (17), (19), and (20)" and as to subdivision (a) "with respect to parking areas connected to sensitive places." Subdivisions (a)(1) through (a)(6), (a)(14), (a)(18), (a)(21), (a)(24), and (a)(25) were never enjoined, and the bulletin lists them as in effect.

Both documents address subdivision (a) as it read before AB 1078. The paragraph numbers they use still identify the same categories in the section as it now reads, with one difference that matters here: operative subdivision (a)(8) ends with the lock box allowance described above, while the text quoted for it in March 2025 stopped at "supported in whole or in part with public funds." Neither speaks to the amended wording.

Treat the posture as preliminary. The panel called its place-of-worship ruling "merely a prediction of Plaintiffs' likelihood of success" and reserved "the constitutional analysis once the parties have had a full opportunity to present and brief the issue." An injunction is also not permission to carry: it "means only that the State cannot ban firearms from places of worship where the owner or operator wishes to allow firearms at the place of worship", and the owner stays free to prohibit them. Status can change as the cases move, so check the current bulletins at oag.ca.gov before relying on any subdivision being enjoined or enforceable.

Conditions that travel with the license

Section 26200 adds its own place restriction: a licensee shall not "Be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption." Its subdivision (b) lets the licensing authority add restrictions on time, place, manner, and circumstances, which subdivision (c) requires to be shown on the license. Breach of any condition imposed under Section 26200 is a mandatory ground for revocation under Section 26195(b)(1)(A).

What a violation exposes you to

Section 26230 states no punishment of its own for violating subdivision (a), and Section 26235 is a Department of Justice contracting provision rather than a penalty.

The exposure comes from surrounding statutes. Section 25655 lifts Section 25400 only for a person "who is authorized to carry that weapon in a concealed manner pursuant to Chapter 4" (commencing with Section 26150), and Section 26010 lifts Section 25850 only for carrying "as authorized pursuant to Chapter 4 (commencing with Section 26150) of Division 5." Section 26230 sits inside that same chapter. Whether a particular carry in a listed place falls outside those exemptions, and so exposes you to a charge under Section 25400 for a concealed firearm or Section 25850 for a loaded firearm in public, is a question for the prosecutor and the courts on the facts.

Paragraph (c)(7) of Section 25850 grades the residual case as a misdemeanor punishable by up to one year in county jail, a fine not to exceed one thousand dollars ($1,000), or both. Paragraph (c)(7) of Section 25400 sets the same punishment for its residual case but does not use the word misdemeanor. Both make it a felony where the person has a prior felony conviction or a conviction of a crime made punishable by a provision listed in Section 16580, where the firearm is stolen and the person knew or had reasonable cause to believe that, where the person is an active participant in a criminal street gang, or where the person is not in lawful possession or falls within a prohibited class.

Federal property

Paragraph (a)(28) pulls federal prohibitions into the state prohibition, and federal rules bind on federal property regardless of your California license. Other federal agencies set their own site rules, so confirm those before carrying. On Postal Service property, 39 C.F.R. 232.1(l) provides that "no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes." Under 39 C.F.R. 232.1(p)(2), a person found guilty of violating those rules on Postal Service property faces a fine under 18 U.S.C. 3571 or imprisonment of not more than 30 days, or both.

Carrying Firearms in Vehicles in California

California regulates firearms in vehicles more tightly than most states. Two separate crimes control what you may do: carrying a concealed firearm (California Penal Code 25400) and carrying a loaded firearm in public (California Penal Code 25850). A vehicle counts as a public place for both. Unless you hold a valid California carry license or fit a statutory exemption, a firearm in your car must be unloaded and handled under the narrow transport rules described below.

This is one of the most heavily litigated areas of California firearm law. The rules below state what the statutes say. Where a provision has been challenged in court, that is flagged. Confirm the current status of any contested provision before you rely on it.

The Two Core Crimes

Carrying a Concealed Firearm (Penal Code 25400)

Under California Penal Code section 25400, a person carries a concealed firearm when the person does any of the following:

• Carries a concealed pistol, revolver, or other firearm capable of being concealed upon the person within any vehicle under the person's control or direction;
• Carries such a firearm concealed upon the person; or
• Causes such a firearm to be carried concealed within any vehicle in which the person is an occupant.

A firearm carried openly in a belt holster is not "concealed" within the meaning of this section (Penal Code 25400(b)). Section 25400 reaches only firearms "capable of being concealed upon the person," which California defines as handguns and other firearms with a barrel under 16 inches. Ordinary rifles and shotguns are not concealable firearms for purposes of this section.

A violation is generally a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. It becomes a felony or a wobbler in the circumstances listed in Penal Code 25400(c), including where the person has a prior felony conviction, the firearm is stolen and the person knew it, the person is an active participant in a criminal street gang, or the person is prohibited from possessing firearms. It is also chargeable as a felony or wobbler where the firearm is loaded or readily loadable and the person is not listed with the California Department of Justice as the registered owner (Penal Code 25400(c)(6)).

Carrying a Loaded Firearm in Public (Penal Code 25850)

Under California Penal Code section 25850, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public place or on any public street in a prohibited area of an unincorporated area. This applies to handguns and long guns alike.

Section 25850 also authorizes a peace officer to inspect any firearm carried on the person or in a vehicle in these locations to determine whether it is loaded; refusal to allow the inspection is probable cause for arrest (Penal Code 25850(b)).

A violation is generally a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both, and rises to a felony or wobbler in the circumstances listed in Penal Code 25850(c) (prior felony, stolen firearm, gang participation, prohibited person, or owner not on record with the Department of Justice).

Transporting a Handgun Without a Carry License

If you do not hold a California carry license, California Penal Code section 25610 is the exemption that lets you move a handgun by vehicle. It provides that Section 25400 does not prohibit any United States citizen over 18 years of age who resides or is temporarily within California, and who is not prohibited from possessing a firearm under state or federal law, from transporting or carrying a handgun for any purpose specified in Penal Code sections 25510 to 25595 (which include moving a firearm to or from a place of business, residence, gun shop, target range, hunting, or a licensed event), provided that either of the following applies:

• The firearm is unloaded, within a motor vehicle, and locked in the vehicle's trunk or in a locked container in the vehicle (Penal Code 25610(a)); or
• The firearm is unloaded, carried directly to or from a motor vehicle, and, while being carried, is contained within a locked container (Penal Code 25610(b)).

Note that Section 25610 is an exemption from the concealed-carry crime in 25400. Because a vehicle is a public place, the firearm must also be unloaded to avoid the separate loaded-carry crime in 25850. Read together, the practical rule for transporting a handgun without a carry license is: unloaded, and either locked in the trunk or in a locked container.

What Counts as a "Locked Container" (Penal Code 16850)

California Penal Code section 16850 defines a "locked container" as a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. The statute expressly states that a "locked container" does not include the utility or glove compartment of a motor vehicle.

A common pipeline error is to say that Section 16850 defines the trunk as a "locked container." It does not. Section 16850 describes only the locked container itself. The vehicle's trunk is a separate, independently authorized location named in Penal Code 25610(a) as an alternative to a locked container. Either the trunk or a qualifying locked container satisfies the transport rule; the glove box and utility compartment satisfy neither, even if they lock.

Leaving a Handgun in an Unattended Vehicle (Penal Code 25140)

A stricter rule applies the moment you step away from the car. California Penal Code section 25140 provides that, when leaving a handgun in an unattended vehicle, a person must do one of the following:

• Lock the handgun in the vehicle's trunk;
• Lock the handgun in a locked container and place the container out of plain view;
• Lock the handgun in a locked container that is permanently affixed to the vehicle's interior and not in plain view; or
• Lock the handgun in a locked toolbox or utility box.

A vehicle is "unattended" when a person who is lawfully carrying or transporting a handgun in the vehicle is not close enough to it to reasonably prevent unauthorized access to the vehicle or its contents (Penal Code 25140(d)(2)). "Plain view" includes any area of the vehicle visible by peering through the windows, including tinted windows, with or without illumination (Penal Code 25140(d)(3)).

The definitions in Section 25140 track those used elsewhere. A "locked container" does not include the utility or glove compartment, and a "trunk" does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment with a window, or a toolbox or utility box attached to a pickup bed. A violation of subdivision (a) is an infraction punishable by a fine not exceeding $1,000 (Penal Code 25140(c)). This unattended-vehicle rule is more demanding than the general transport rule in 25610: a bare locked container left sitting in plain view satisfies 25610 while you are present but does not satisfy 25140 once you walk away, because 25140 also requires the container to be out of plain view. A limited peace-officer accommodation in subdivision (b) lets an on- or off-duty officer use a locked center console in a vehicle that has no trunk, and the section does not supersede a stricter local ordinance in effect before September 26, 2016.

Long Guns (Rifles and Shotguns)

Rifles and shotguns are not "firearms capable of being concealed upon the person," so the concealed-carry crime in Penal Code 25400 and the locked-container transport rule in Penal Code 25610 do not apply to them. California law does not require an ordinary rifle or shotgun to be carried in a locked container while in a vehicle.

A long gun must still be unloaded in the vehicle while in public, because carrying a loaded firearm in a vehicle in public is a crime under Penal Code 25850. Separately, openly carrying an unloaded firearm that is not a handgun is restricted in public under Penal Code 26400, though that section as written reaches carry "outside a vehicle." Assault weapons and .50 BMG rifles carry their own transport rules, described below.

Registered Assault Weapons and .50 BMG Rifles (Penal Code 30945)

A person who has registered an assault weapon or a .50 BMG rifle may possess it only under the limited conditions in California Penal Code section 30945, which include possession at the person's residence or place of business, at a licensed or organized target range, at a licensed shooting club, at an approved firearms exhibition, and on certain publicly owned land where permitted.

Under Penal Code 30945(g), the registrant may transport the registered weapon between the places listed in Section 30945, or to a licensed gun dealer for servicing or repair, only if it is transported as required by Penal Code sections 16850 and 25610. In practical terms that means unloaded, and locked in the trunk or in a locked container. Possession, registration, and the assault-weapon definition itself (Penal Code 30515 and related sections) remain the subject of ongoing litigation in Miller v. Bonta; confirm the current state of California's assault-weapon framework before relying on it.

Carrying in a Vehicle With a California Carry License

A valid California carry license authorizes the licensee to carry a loaded, concealed handgun listed on the license, including in a vehicle, subject to the restrictions on where carry is allowed. A county sheriff issues licenses under Penal Code 26150 and a city police chief issues them under Penal Code 26155. As restructured by Assembly Bill 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, each statute now sets out a California-resident application pathway in subdivision (a) and a separate non-California-resident application pathway in subdivision (b). California therefore has a general non-resident license pathway: an out-of-state visitor who meets the qualifications may apply for and hold a California license. Subdivision (c) sets the license format. Most licenses are issued under (c)(1) to carry concealed; in a county with a population under 200,000 the licensing authority may instead issue a (c)(2) license to carry loaded and exposed within that county.

Senate Bill 2 (2023) added California Penal Code section 26230, effective January 1, 2024, which bars a licensee from carrying a firearm into a long list of "sensitive places," many of which include the parking areas under the control of the listed location (for example, schools and the area regulated by Penal Code 626.9, childcare facilities, government and court buildings, and many others). SB 2 also created a default rule treating private property open to the public as off-limits to licensed carry unless the owner posts a sign or otherwise gives permission.

Section 26230 does not strip a licensee of the ability to keep a firearm in the vehicle near a sensitive place. Under Penal Code 26230(b), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box that meets the statute's specifications (this does not apply at a Nuclear Regulatory Commission site or a place prohibited by federal law). Penal Code 26230(c) further lets a licensee who cannot carry into a prohibited parking area transport a concealed firearm into and out of that parking area in a lock box and store it in a locked lock box out of plain view within the vehicle.

Litigation Status of the Sensitive-Place List

Section 26230 was challenged in May v. Bonta and Carralero v. Bonta. A federal district court issued a preliminary injunction on December 20, 2023 blocking enforcement of many categories. On appeal, the United States Court of Appeals for the Ninth Circuit reversed that preliminary injunction in large part, and its mandate took effect January 23, 2025. The Ninth Circuit did not merely stay the injunction; it reversed it as to most categories, which restored enforcement of those provisions. Following that decision, 20 of the 26 sensitive-place categories in Section 26230(a) are in effect, and six remain enjoined and are not being enforced pending further appeal.

The six categories that remain enjoined and are not currently enforceable are:

• Hospitals and medical facilities (Penal Code 26230(a)(7));
• Public transit, including buses, trains, and transit-authority property (Penal Code 26230(a)(8));
• Permitted public gatherings and special events (Penal Code 26230(a)(10));
• Places of worship (Penal Code 26230(a)(22));
• Financial institutions (Penal Code 26230(a)(23)); and
• The default no-carry rule for privately owned commercial establishments open to the public that have not posted a sign allowing carry (Penal Code 26230(a)(26)).

The remaining categories are currently enforceable. These include bars and businesses serving alcohol (a)(9), playgrounds and youth centers (a)(11), parks and athletic areas (a)(12), most Parks and Recreation and Fish and Wildlife land (a)(13), casinos and gambling establishments (a)(15), stadiums and arenas (a)(16), public libraries (a)(17), airports and passenger vessel terminals (a)(18), amusement parks (a)(19), zoos and museums (a)(20), and law enforcement stations (a)(24), along with the categories that were never enjoined, such as school zones, preschools and childcare facilities, state government and court buildings, local government buildings, detention facilities, colleges and universities, Nuclear Regulatory Commission sites, and polling places. A California licensee should still verify the current status of Section 26230 and the terms printed on the license, because the case remains on appeal.

Interstate Transport Through California (Federal Safe-Passage Rule)

A traveler who may lawfully possess a firearm at both the origin and the destination has a limited federal protection while passing through states such as California. 18 U.S.C. 926A entitles a person who is not federally prohibited to transport an unloaded firearm for any lawful purpose from a place where the person may lawfully possess it to another such place, provided that during transport the firearm is unloaded and neither it nor any ammunition is readily accessible or directly accessible from the passenger compartment. In a vehicle without a separate compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.

Section 926A is a defense for genuine through-travel; it does not authorize possession at a California destination of an item California bans (such as a magazine over 10 rounds or an unregistered assault weapon), and California's stricter container and ammunition-accessibility rules still apply to anyone whose trip begins or ends in the state.

The Loaded-Firearm Exception for Immediate, Grave Danger

California Penal Code section 26045 provides that nothing in Section 25850 precludes carrying a loaded firearm, where it would otherwise be lawful, by a person who reasonably believes that any person or property is in immediate, grave danger and that carrying the weapon is necessary for preservation of that person or property. The statute defines "immediate" narrowly as the brief interval before and after local law enforcement, when reasonably possible, has been notified and before its assistance arrives (Penal Code 26045(c)). This is a narrow, fact-specific justification decided by the trier of fact, not a general right to keep a loaded firearm in the car.

Penalty Summary

Key Statutory References

Important Notes

• The glove compartment and the utility compartment do not qualify as a "locked container" under Penal Code 16850, even if they have a lock. Use the trunk or a separate locked container.
• A firearm in a vehicle in public must be unloaded unless you hold a valid carry license or fit a statutory exception such as Penal Code 26045.
• A loaded firearm in a vehicle in public is a crime under Penal Code 25850, separate from the concealed-carry crime in Penal Code 25400. The two can be charged together.
• When you walk away from the car, Penal Code 25140 imposes a stricter rule: a handgun left in an unattended vehicle must be locked in the trunk, in a locked container placed out of plain view, or in a permanently affixed locked container out of plain view. A container in plain view is not enough.
• An out-of-state carry permit is not recognized in California. A nonresident may not carry a loaded or concealed handgun in a California vehicle on the strength of another state's permit, and should transport under the unloaded, locked-container rules of Penal Code 25610 or the federal safe-passage rule of 18 U.S.C. 926A. Since January 1, 2026, however, a nonresident who qualifies may apply for a California non-resident carry license under Penal Code 26150(b) or 26155(b).
• California's assault-weapon framework (Penal Code 30515 and related, litigated in Miller v. Bonta) and large-capacity magazine ban (Penal Code 32310, litigated in Duncan v. Bonta) remain subject to active litigation. The sensitive-place rules for licensees (Penal Code 26230) are largely in effect after the Ninth Circuit reversed most of the December 2023 injunction, with six categories still enjoined. Verify the current status of any contested provision before relying on it.

Transportation of Firearms in California

If you do not have a California License to Carry a Concealed Weapon (CCW), here is how to legally transport a firearm in your vehicle:

1. The firearm must be unloaded.
2. A handgun must be locked in the vehicle's trunk or in a locked container in the vehicle. The glove box does not count as a locked container, and a center console without an integrated lock should not be relied on either.
3. A rifle or shotgun must be unloaded during transport. The locked-container requirement does not generally apply to long guns under state law, but most California gun owners use a case anyway.
4. You must be transporting the firearm for a lawful purpose specified by statute.

That is the short version. The rules below explain why the short version is correct, what counts as a "lawful purpose," what counts as a "locked container," what changes when you leave the vehicle, and what you cannot do under any circumstances. Every statute cited here was verified against the current Penal Code text.

The Default Rule: You Cannot Carry in a Vehicle Without a License

California treats a vehicle as part of "public" space for carry purposes. Several statutes work together to make this point:

Under Penal Code 25400(a)(1), a person is guilty of carrying a concealed firearm when the person "[c]arries concealed within any vehicle that is under the person's control or direction any pistol, revolver, or other firearm capable of being concealed upon the person." Penal Code 25400(a)(3) extends the offense to any occupant who causes a concealable firearm to be carried concealed within a vehicle in which the person is an occupant. Penal Code 25400(b) clarifies that "[a] firearm carried openly in a belt holster is not concealed within the meaning of this section," but an exposed belt-holstered handgun inside a vehicle still violates Penal Code 26350 (open carry of an unloaded handgun) unless it is loaded, in which case Penal Code 25850 applies. There is no carve-out for your own car.

Under Penal Code 25850(a), it is a crime to carry "a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county." A round in the chamber, or a loaded magazine attached to the firearm, while the gun sits on the passenger seat triggers this statute even on a brief drive.

The unloaded open-carry statute, Penal Code 26350(a)(2), applies when a person "carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person" in a covered public area. You cannot lay an exposed unloaded handgun on the dashboard or hang it on a rack inside the vehicle and call that lawful.

The Transport Exemption: Penal Code 25610

The exemption that makes lawful handgun transport possible is Penal Code 25610. It provides that Penal Code 25400 (the concealed-carry crime) "shall not be construed to prohibit" transport by a U.S. citizen over 18 years of age who resides or is temporarily in California, who is not prohibited by state or federal law from possessing a firearm, and who transports a concealable firearm for any purpose specified in Penal Code Sections 25510 to 25595, provided that either of the following applies:

(a) The firearm is unloaded, within a motor vehicle, and locked in the vehicle's trunk or in a locked container in the vehicle.

(b) The firearm is unloaded, carried by the person directly to or from any motor vehicle, and, while carrying the firearm, the firearm is contained within a locked container.

(Penal Code 25610, as amended by Stats. 2023, Ch. 249, Sec. 8 (SB 2), effective January 1, 2024.)

Two operational consequences flow from this language:

• The exemption only protects you against Penal Code 25400 (concealed carry). It does not, by itself, exempt you from Penal Code 25850 (loaded carry). That is why "unloaded" is the first requirement in both subdivisions. A firearm transported under Penal Code 25610 must remain unloaded the entire time it is in the vehicle.
• The exemption requires the firearm to stay in the locked container during the entire transit between the vehicle and a building. If you stop at a friend's house and walk the gun inside without the container, you have stepped outside the exemption.

Penal Code 25610 cross-references "any purpose specified in Sections 25510 to 25595, inclusive." Those sections enumerate the lawful purposes (target ranges, gun shows, repair shops, and similar). The practical list of lawful purposes is below.

What Counts as a "Locked Container"

Penal Code 16850 defines the term:

As used in this part, "locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.

(Penal Code 16850, as amended by Stats. 2014, Ch. 103, Sec. 5 (AB 1798), effective January 1, 2015.)

Read that definition carefully, because most students get tripped up here:

• The trunk counts. For the basic transport rule under Penal Code 25610, a vehicle trunk is an authorized location in its own right, separate from the locked-container option.
• A locked hard-sided gun case counts. A keyed or combination case is clearly within the statutory description.
• A locked soft case with an external lock arguably counts. Penal Code 16850 does not list approved container types, so a soft case fully enclosed and locked by an external padlock arguably meets the definition. Hard cases with integrated locks are the safer choice.
• The glove compartment does not count, even if it locks. The statute names it expressly.
• The center console. Penal Code 16850 does not name the center console. The conservative reading is that a console with a non-locking lid does not satisfy the locked-container definition, while a center console with an integrated padlock, keylock, or combination lock arguably does. When in doubt, use the trunk.
• A zippered range bag. A zipper alone is not a "padlock, keylock, combination lock, or similar locking device" under Penal Code 16850. Add a padlock to a zipper bag if you want it to qualify.
• SUV, hatchback, and station wagon rear cargo areas. For the basic transport rule, place the firearm inside a separate locked container in these vehicles. This matters even more when you leave the vehicle: the unattended-storage statute (Penal Code 25140, below) defines "trunk" to exclude the rear of a hatchback, station wagon, or sport utility vehicle, so a cargo area is not a "trunk" for that rule.

If you drive a sedan, the simplest compliant configuration is a hard case with a lock placed in the trunk. If you drive an SUV, hatchback, station wagon, or pickup, place the firearm inside a locked hard case in the cargo area. Pickup trucks have an additional option for unattended storage (a locked toolbox or utility box affixed to the bed) discussed under "Leaving the Vehicle" below.

Lawful Purposes for Transport

Penal Code 25610 only protects transport for a purpose enumerated in Penal Code Sections 25510 to 25595. The most commonly used lawful purposes are:

• Going to or from a target range or shooting facility
• Going to or from a hunting location authorized for firearm use
• Going to or from a place of repair (gunsmith)
• Going to or from a gun show, place of sale, or place of purchase
• Going to or from a law enforcement agency for safety inspection or surrender
• Moving a firearm between residences during a lawful change of residence
• Going to or from a firearms-safety or training course where the firearm is used as part of the course

Two practical points students miss:

1. The trip must be direct. "I was going to the range eventually, but I stopped at the bar first" is not a defense. The exemption contemplates direct travel for a listed purpose. Detours unrelated to the lawful purpose can defeat the exemption.
2. The exemption does not authorize loaded carry. If you stop at a gas station on the way to the range and the gun is unloaded and locked in the trunk, you are still compliant. If the gun is loaded on your hip or in the glove box because you "felt unsafe at the gas station," you have committed a Penal Code 25850 violation. There is no self-defense override built into the transport exemption.

Long Guns: Rifles and Shotguns

Long guns are treated differently from handguns. The California Office of the Attorney General summarizes the rule:

Nonconcealable firearms (shotguns and rifles) are not generally covered within the provisions of California Penal Code section 25400 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported.

(California OAG, "Transporting Firearms in California," oag.ca.gov/firearms/travel.)

Translated into a procedure:

1. The rifle or shotgun must be unloaded during transport. A loaded long gun in a public area, including in your vehicle, violates Penal Code 25850 just as a loaded handgun does.
2. The rifle or shotgun does not have to be in a locked container under state law. A soft case, a hard case without a lock, or a transport sleeve is sufficient on its face. Penal Code 25610 and the locked-container rule apply to firearms "capable of being concealed upon the person," not to long guns.
3. Once you step out of the vehicle and carry an unloaded long gun on your person, Penal Code 26400 can apply. Under Penal Code 26400(a), a person is guilty of carrying an unloaded firearm that is not a handgun when the person "carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle" while in an incorporated city or city and county, or in a public place or public street in a prohibited area of an unincorporated area of a county. A violation is generally a misdemeanor (Penal Code 26400(b)). This is a carry-on-the-person offense, not an in-vehicle offense, but it is the reason most owners keep long guns cased and stowed.

A separate rule applies to registered assault weapons. Penal Code 30945(g) provides that a person who has registered an assault weapon or .50 BMG rifle may transport it only between the locations listed in Penal Code 30945 (or to a licensed dealer for service or repair), and only "if the assault weapon is transported as required by Sections 16850 and 25610." In other words, registered assault weapons must be unloaded and kept in a locked container or trunk during transport, which is stricter than the general long-gun rule. If you own a registered assault weapon, do not rely on the soft-case allowance that applies to ordinary rifles.

Ammunition

California law does not impose a separate statutory requirement that ammunition be physically separated from the firearm during ordinary transport under Penal Code 25610. The statute requires only that the firearm be unloaded and locked in the trunk or a locked container.

That said, two reasons support keeping ammunition separated in practice:

• "Loaded" is defined to reach an attached magazine. Under Penal Code 16840(b), as applied to Penal Code 25850 and related sections, a firearm is "loaded" when "there is an unexpended cartridge or shell ... in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm." A loaded magazine seated in the firearm therefore makes it loaded, even with an empty chamber. An empty magazine does not, because there is no unexpended cartridge. The clean practice is to remove the magazine entirely and store loaded magazines separately, which puts the firearm beyond any "loaded" interpretation. Officers may examine a firearm to determine whether it is loaded under Penal Code 25850(b).
• The "ammunition readily accessible" sentencing tier under Penal Code 25400. Under Penal Code 25400(c)(6)(A), a higher sentencing tier applies when the concealable firearm is loaded, or "both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person." If you are charged under Penal Code 25400 for any reason, ammunition in the same compartment as the firearm makes the offense more serious. Separating them avoids the enhancement.

The clean instruction for students: unload the firearm, lock it in a container in the trunk, and put the ammunition in a separate container or a separate part of the vehicle.

Officer Inspections

If you are stopped while transporting a firearm, expect the officer to inspect it.

Under Penal Code 25850(b), peace officers are authorized to "examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory." That subdivision goes further:

Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.

(Penal Code 25850(b).)

Three points for students:

1. Do not refuse the inspection. Refusing creates probable cause for arrest under Penal Code 25850, even if the firearm turns out to be unloaded.
2. The inspection authority is specific to Penal Code 25850. It applies in any public place or on any public street in an incorporated city, or in a prohibited area of an unincorporated territory.
3. Disclose the firearm early. As a practical matter, telling the officer about the locked case early in the stop avoids surprises and keeps the encounter calm. See the Duty to Inform section of this guide for the statutory framework.

Leaving the Vehicle: Unattended Handguns Under Penal Code 25140

When you leave the vehicle, a separate set of rules takes over. Senate Bill 869 (Stats. 2016, Ch. 651) added Penal Code 25140, which governs handguns left in unattended vehicles. Senate Bill 1382 (Stats. 2018, Ch. 94) later amended the statute to add a fourth storage option and detailed definitions. The current text of Penal Code 25140(a) reads:

Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle's trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle's interior and not in plain view, or lock the handgun in a locked toolbox or utility box.

(Penal Code 25140(a), as amended by Stats. 2018, Ch. 94, Sec. 1 (SB 1382), effective January 1, 2019.)

So there are four lawful configurations under Penal Code 25140(a):

• Locked in the trunk
• Locked in a locked container placed out of plain view
• Locked in a locked container permanently affixed to the vehicle's interior and not in plain view
• Locked in a locked toolbox or utility box (a fully enclosed container permanently affixed to the bed of a pickup or to a vehicle without a trunk)

A locked case sitting on the passenger seat in plain view does not satisfy this statute, even if the case itself is locked. Move it into the trunk, out of plain view, into a permanently affixed container, or into a locked toolbox.

The statute supplies precise definitions in Penal Code 25140(d)(1):

• "Trunk" means "the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment," and it does not include "the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck." If you drive an SUV, hatchback, or wagon, you cannot treat the cargo area as a "trunk" for this rule. Use a locked container instead.
• "Plain view" includes "any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted, with or without illumination" (Penal Code 25140(d)(3)). Tinted windows do not make a visible case compliant.
• A vehicle is "unattended" when "a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents" (Penal Code 25140(d)(2)).

A violation of Penal Code 25140(a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000) (Penal Code 25140(c)).

Penal Code 25140(b) gives a narrow option to a peace officer leaving a handgun in an unattended vehicle that has no trunk: the officer may lock the handgun out of plain view within the vehicle's center utility console using a padlock, keylock, combination lock, or similar device. This option is limited to peace officers as defined in the statute.

Two cross-reference statutes confirm that the unattended-storage rule reaches everyone. Penal Code 25452 requires a peace officer or honorably retired peace officer, when leaving a handgun in an unattended vehicle, to secure it "pursuant to Section 25140." Penal Code 25612 imposes the same duty on any person leaving a handgun in an unattended vehicle. Both were added by SB 869 (2016).

Penal Code 25645 carves out a narrow exception: Penal Code Sections 25140 and 25400 "do not apply to, or affect, the transportation of unloaded firearms by a person operating a licensed common carrier or an authorized agent or employee thereof when the firearms are transported in conformance with applicable federal law."

Out-of-State CCW Holders

California does not honor any out-of-state concealed carry permit (see the Reciprocity section of this guide for the statutory basis). If you are visiting California with a permit from another state, you are an unlicensed carrier in California for vehicle-transport purposes. You must follow the Penal Code 25610 transport rules:

• The firearm must be unloaded.
• The firearm must be locked in the trunk or in a locked container in the vehicle.
• The transport must be for a lawful purpose enumerated in Penal Code Sections 25510 to 25595.
• Ammunition should be separated as a practical matter.

You may not carry loaded under your home-state permit, even briefly, even in your own car parked in California. The Law Enforcement Officers Safety Act (LEOSA, 18 U.S.C. 926B and 926C) may authorize qualified active and retired law enforcement officers to carry under federal law, but ordinary out-of-state CCW holders have no such federal protection.

CCW Holders

If you hold a valid California CCW issued by a county sheriff under Penal Code 26150 or a city police chief under Penal Code 26155, the unlicensed-transport restrictions in Penal Code 25610 do not constrain you in the same way. A CCW authorizes you to carry a concealed, loaded handgun, including in your vehicle, subject to the conditions printed on the license and to the sensitive-place restrictions in Penal Code 26230 (added by SB 2, effective January 1, 2024). Note that the scope of the Penal Code 26230 sensitive-places list has been heavily litigated (May v. Bonta and related cases), and portions have been enjoined and stayed at different points, so confirm the current enforceable status before relying on it. See the Prohibited Places section of this guide.

A few practical reminders for CCW holders:

• The CCW authorizes carry of the specific firearm or firearms listed on the license. Transporting an unlisted concealable firearm puts you back under the unlicensed-transport rules in Penal Code 25610.
• The unattended-vehicle storage rule in Penal Code 25140 applies to CCW holders too. When you leave the vehicle, the handgun must go in the trunk, in a locked container out of plain view, in a permanently affixed locked container, or in a locked toolbox.
• Sensitive places under Penal Code 26230 (such as schools, courthouses, government buildings, and places that serve alcohol for on-site consumption) can override the CCW. Plan stops accordingly, and verify current litigation status.

Penalties

The grading scheme depends on which statute you are charged under and on aggravators.

Two specific points students should know:

• Three-month minimum jail term for repeat offenders. Under Penal Code 25400(d) and Penal Code 25850(d), a person convicted under either section who has previously been convicted of an offense enumerated in Penal Code 23515, or of a crime made punishable by a provision listed in Penal Code 16580, must serve at least three months in county jail. The court may depart from the minimum only in unusual cases by stating its reasons on the record and in the minutes (Penal Code 25400(e); Penal Code 25850(d)(2)).
• Federal-eligibility carve-out. Under Penal Code 25850(e), a misdemeanor Penal Code 25850 conviction punished by up to one year in county jail "shall not constitute a conviction of a crime punishable by imprisonment for a term exceeding one year for the purposes of determining federal firearms eligibility under Section 922(g)(1) of Title 18 of the United States Code." This protection does not extend to the felony tiers of Penal Code 25850.

Penal Code 25850(f) preserves prosecutorial flexibility: "Nothing in this section, or in Article 3 (commencing with Section 25900) or Article 4 (commencing with Section 26000), shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a greater penalty than this section." A traffic stop that turns up a firearm can produce charges beyond the carry statutes.

A Compliant Transport Procedure

Follow these steps every time:

1. Confirm the firearm is unloaded. Remove the magazine. Lock the action open. Visually and physically check the chamber. Then check it again. Under Penal Code 16840(b), a firearm is "loaded" if a live cartridge is in the chamber or in a magazine or clip attached to the firearm, so removing the magazine entirely is the surest way to be unloaded.
2. Place the firearm in a locked container. A hard case with a padlock or built-in keyed or combination lock is the cleanest configuration. Engage the lock.
3. Place the locked container in the trunk. If the vehicle has no trunk (SUV, hatchback, station wagon, pickup), place the locked container in the cargo area, out of plain view. Remember that Penal Code 25140 does not treat those cargo areas as a "trunk."
4. Place ammunition and magazines in a separate container in a different part of the vehicle. This is not strictly required by Penal Code 25610 for handguns, but it eliminates the "ammunition readily accessible" sentencing tier under Penal Code 25400(c)(6).
5. Take the most direct route to the lawful-purpose destination. Detours unrelated to the purpose can defeat the exemption.
6. If stopped, disclose calmly. Tell the officer where the locked case is and follow instructions. Do not refuse an inspection authorized under Penal Code 25850(b).
7. If you leave the vehicle, comply with Penal Code 25140: trunk, locked container out of plain view, permanently affixed locked container, or locked toolbox or utility box.

That sequence is the safe configuration whether you have a CCW or not, whether you are a California resident or visiting from out of state, and whether you are driving across town or across the state.

Key Statutes Reference

Ambiguities and Notes

• The phrase "any purpose specified in Sections 25510 to 25595" in Penal Code 25610 cross-references specific destinations and activities. Treat any destination not on that list as outside the exemption until verified.
• Penal Code 16850 excludes the utility and glove compartment from "locked container." The center console is not named in the statute. A console with a non-locking lid does not satisfy the definition under a conservative reading, while a center console with an integrated lock arguably does. When in doubt, use the trunk.
• The unattended-storage rule under Penal Code 25140 applies to handguns. Long guns left unattended in a vehicle are not specifically addressed by Penal Code 25140; some local ordinances impose similar requirements, and Penal Code 25140(f) preserves local ordinances that were in effect before September 26, 2016. Confirm local rules where you live.
• Out-of-state visitors are subject to the same Penal Code 25610 transport rules as unlicensed Californians, because California honors no out-of-state CCW.
• The current operative text of Penal Code 25140 reflects the 2018 SB 1382 amendment, which added the locked toolbox or utility box option and the statutory definitions of "trunk," "plain view," and "unattended." Older summaries that list only three storage options predate that amendment.
• The scope of Penal Code 26230 sensitive places is contested. Federal courts have enjoined and stayed portions at different stages of May v. Bonta and related litigation. Verify the current enforceable status before relying on any specific sensitive-place restriction.

Source Information

• California Penal Code 25400. Carrying a concealed firearm. Source: California Legislative Information. Operative January 1, 2012 (Stats. 2010, Ch. 711); last amended by Stats. 2011, Ch. 15 (AB 109). Verified 2026-06-26.
• California Penal Code 25610. Transport exemption for concealable firearms. Source: California Legislative Information. Amended by Stats. 2023, Ch. 249, Sec. 8 (SB 2), effective January 1, 2024. Verified 2026-06-26.
• California Penal Code 25850. Carrying a loaded firearm in public. Source: California Legislative Information. Amended by Stats. 2023, Ch. 249, Sec. 9 (SB 2), effective January 1, 2024. Verified 2026-06-26.
• California Penal Code 26350. Openly carrying an exposed unloaded handgun. Source: California Legislative Information. Added by Stats. 2011, Ch. 725 (AB 144). Verified 2026-06-26.
• California Penal Code 26400. Carrying an unloaded firearm that is not a handgun. Source: California Legislative Information. Amended by Stats. 2017, Ch. 734 (AB 7). Verified 2026-06-26.
• California Penal Code 16850. Definition of "locked container." Source: California Legislative Information. Amended by Stats. 2014, Ch. 103 (AB 1798). Verified 2026-06-26.
• California Penal Code 16840. Definition of "loaded." Source: California Legislative Information. Verified 2026-06-26.
• California Penal Code 25140, 25452, 25612, 25645. Unattended-vehicle handgun storage and common-carrier exception. Source: California Legislative Information. Penal Code 25140 added by SB 869 (Stats. 2016, Ch. 651) and amended by SB 1382 (Stats. 2018, Ch. 94). Verified 2026-06-26.
• California Penal Code 30945. Possession and transport of registered assault weapons and .50 BMG rifles. Source: California Legislative Information. Verified 2026-06-26.
• California Office of the Attorney General, "Transporting Firearms in California," oag.ca.gov/firearms/travel. Agency guidance; cross-checked against the Penal Code sections cited above. Last scraped 2026-03-07.

California Firearm Storage Requirements

Overview

California regulates how firearms must be stored, with the strongest rules aimed at keeping firearms away from children and other people who are prohibited from possessing them. These rules apply to all firearm owners, including concealed carry license holders during the times when a firearm is not being lawfully carried. As of January 1, 2026, California requires firearms kept in a residence to be securely stored whenever they are not being carried or readily controlled (Penal Code 25145). On top of that affirmative duty, California imposes criminal liability for negligent storage that gives a child or a prohibited person access, sets specific storage rules for firearms left in vehicles, and requires a safety device at the point of sale.

This page summarizes the storage rules. It is general information, not legal advice. Firearm law in California changes frequently and several related statutes are the subject of ongoing litigation, so confirm the current text before relying on it.

Criminal Storage of a Firearm (Access by Children and Prohibited Persons)

California's core storage offense is "criminal storage of a firearm" under Penal Code 25100. It applies to keeping any firearm, loaded or unloaded, on premises under your custody or control when a child or a prohibited person gains access. The statute is graded in three degrees based on the harm that results.

• First degree (Penal Code 25100(a)): Keeping any firearm, loaded or unloaded, where you know or reasonably should know that a child (any person under 18) is likely to gain access without parental permission, or that a prohibited person is likely to gain access, and the child or the prohibited person gains access and causes death or great bodily injury to themselves or another person.
• Second degree (Penal Code 25100(b)): The same storage conduct where the child or the prohibited person gains access and causes injury other than great bodily injury, or carries the firearm to a public place or in violation of Penal Code 417 (brandishing).
• Third degree (Penal Code 25100(c)): Negligently storing or leaving a firearm where you know, or reasonably should know, that a child is likely to gain access without parental permission, unless you take reasonable action to secure the firearm against access by the child.

Note that California amended this law so it now reaches both loaded and unloaded firearms, and it covers access by a "prohibited person" as well as by a child. Older summaries that describe it as a loaded-firearm-only rule are out of date.

Penalties (Penal Code 25110)

• First degree is a "wobbler." It can be charged as a felony, punishable under Penal Code 1170(h) by 16 months or 2 or 3 years and a fine up to $10,000, or as a misdemeanor punishable by up to one year in county jail and a fine up to $1,000.
• Second degree is a misdemeanor, punishable by up to one year in county jail and a fine up to $1,000.
• Third degree is a misdemeanor.

The Safe Harbor for Criminal Storage (Penal Code 25105)

Operative January 1, 2026, Penal Code 25105 lists the circumstances in which the criminal storage offenses in Penal Code 25100 do not apply. Section 25100 does not apply when any of the following occurs:

• The child obtains the firearm as a result of an illegal entry to any premises by any person.
• The firearm is securely stored, as defined in Penal Code 25145. A firearm is securely stored when it is maintained within, locked by, or disabled using a certified firearm safety device or a secure gun safe.
• The firearm is carried or readily controlled by the lawful owner or another lawful authorized user, as defined in Penal Code 25145.
• The person is a peace officer or a member of the United States Armed Forces or the National Guard and the child obtains the firearm during, or incidental to, the performance of the person's duties.
• The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.

Securely storing the firearm under Penal Code 25145 is the clearest way to stay within this safe harbor.

Affirmative Duty to Securely Store Firearms in a Residence (Penal Code 25145)

Beginning January 1, 2026, California imposes an affirmative storage duty under Penal Code 25145. A person must ensure that any firearm the person possesses in a residence is securely stored whenever the firearm is not being carried or readily controlled by the person or another lawful authorized user. This is a separate, standalone requirement. It does not depend on whether a child or prohibited person actually gains access, which is what triggers the criminal storage offenses under Penal Code 25100.

A firearm is "securely stored" if it is maintained within, locked by, or disabled using a certified firearm safety device or a secure gun safe. A "certified firearm safety device" is any firearm safety device or gun safe listed on the California DOJ roster of tested and approved firearm safety devices certified for sale under Penal Code 23655. A "secure gun safe" is one that meets the standards adopted under Penal Code 23650. A firearm is "readily controlled" when the lawful authorized user is carrying it on their person or is within close enough proximity to readily prevent unauthorized users from gaining access.

Penalties (Penal Code 25145(d))

• A first violation is punishable by a fine of up to $250.
• A second violation is punishable by a fine of up to $500.
• A third or subsequent violation is a misdemeanor.

A person is not penalized for violating this section if they secured the firearm using a firearm safety device or gun safe they reasonably believed met the requirements, including a device that was certified, or a safe that met the adopted standards, at the time it was purchased. The requirement does not apply to unloaded antique firearms (as defined in 18 U.S.C. 921(a)(16)) or to firearms that are permanently inoperable.

Storing a Handgun in an Unattended Vehicle (Penal Code 25140)

California sets specific rules for leaving a handgun in an unattended vehicle. Under Penal Code 25140, when leaving a handgun in an unattended vehicle you must do one of the following:

• Lock the handgun in the vehicle's trunk;
• Lock the handgun in a locked container and place that container out of plain view;
• Lock the handgun in a locked container that is permanently affixed to the vehicle's interior and out of plain view; or
• Lock the handgun in a locked toolbox or utility box.

A "locked container" is a fully enclosed container locked by a padlock, keylock, combination lock, or similar device. The glove compartment and the utility (center console) compartment do not count as locked containers. The statute also defines "trunk" narrowly: it means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment, and it does not include the rear of a hatchback, station wagon, or SUV, or any compartment that has a window (Penal Code 25140(d)). If you drive an SUV, hatchback, or wagon, the rear cargo area is not a "trunk," so the handgun must go in a locked container out of plain view instead. A "locked toolbox or utility box" must be a fully enclosed, locked container permanently affixed to the bed of a pickup truck or to a vehicle that does not have a trunk (Penal Code 25140(d)); a loose toolbox sitting in the vehicle does not qualify under that option. A vehicle is "unattended" when the person who is lawfully carrying or transporting the handgun is not close enough to reasonably prevent unauthorized access. "Plain view" includes anything visible by looking through the windows, including tinted windows.

A violation of Penal Code 25140(a) is an infraction punishable by a fine not exceeding $1,000. This vehicle-storage requirement is important for concealed carry license holders, because it governs how you secure your handgun whenever you have to leave it in a parked car (for example, before entering a location where carry is not allowed).

Firearm Safety Device Required at Point of Sale (Penal Code 23635)

Separate from how you store a firearm at home, California requires that firearms be sold or transferred with a safety device. Under Penal Code 23635 and the related sections (Penal Code 23635 through 23690), all firearms, both long guns and handguns, sold or transferred in California must be accompanied by a firearm safety device (FSD) that has passed required testing and appears on the California Department of Justice (DOJ) roster of approved devices.

The FSD requirement can also be met if the purchaser signs an affidavit declaring ownership of a DOJ-approved lock box or a gun safe capable of holding the firearm and presents proof of purchase or ownership of that safe. Pawn returns and intra-familial transfers are not subject to the FSD requirement. The current DOJ roster of certified firearm safety devices is published at oag.ca.gov/firearms/fsdcertlist.

Federal Point-of-Sale Rule (18 U.S.C. 922(z))

Federal law adds a parallel rule for handguns. Under 18 U.S.C. 922(z), a licensed importer, manufacturer, or dealer may not sell, deliver, or transfer a handgun to a non-licensee unless the buyer is provided with a secure gun storage or safety device for that handgun. This is a dealer obligation at the time of sale; it is not a continuing federal mandate dictating how you must store the firearm afterward.

Recommended Storage Practices (California DOJ)

The California DOJ recommends the following practices. Beyond the DOJ's recommendations, secure storage of firearms in a residence is now legally required under Penal Code 25145, and following these practices keeps you inside that requirement and the Penal Code 25105 safe harbor while reducing the risk of theft or unauthorized access.

General Guidelines

1. Use a California-approved firearm safety device, such as a trigger lock or cable lock, so the firearm cannot be fired.
2. Store the firearm unloaded in a locked container, such as an approved lock box or a gun safe.
3. Store the firearm in a different location from the ammunition.
4. For maximum security, use both a locking device and a locked storage container.

When Children May Be Present

• Store all firearms unloaded.
• Lock each firearm with a firearm safety device.
• Store firearms in a locked container.
• Store ammunition separately in a locked container.

Child-access precautions matter even if you have no children of your own. Visitors such as nieces, nephews, neighbors' children, or grandchildren may be present, and the criminal storage rules in Penal Code 25100 turn on whether a child is likely to gain access, not on whether you are a parent.

Location Considerations

• Do not store a firearm where it is plainly visible.
• Avoid predictable spots such as a bedside table, under a mattress or pillow, or on a closet shelf.
• Do not store a firearm among valuables like jewelry unless it is locked in a secure container.
• Consider storing firearms not kept for immediate self-defense in a secure manner away from the home.

Types of Safety and Storage Devices

Locking Devices

• Trigger locks: Two-piece devices that fit around the trigger and trigger guard to block access to the trigger, secured by a key or combination.
• Cable locks: A steel cable threaded through the action of the firearm to keep it from operating and prevent accidental firing.

Neither trigger locks nor cable locks are designed to prevent physical access to or removal of the firearm itself.

Locking Storage Containers

• Lock boxes: Sturdy metal containers opened by key or combination, built to prevent unintended handling or removal of a firearm.
• Gun safes: Generally the most secure option, often weighing 50 pounds or more. More expensive, but more reliable and harder to defeat or carry off.

Any device is only as secure as the steps you take to protect the key or combination.

Key Points for License Holders

• Beginning January 1, 2026, Penal Code 25145 affirmatively requires firearms kept in a residence to be securely stored in a certified firearm safety device or a secure gun safe whenever they are not being carried or readily controlled. This duty stands on its own and does not depend on a child or prohibited person actually gaining access.
• When your firearm is not being lawfully carried, the criminal storage rules in Penal Code 25100 also apply. Securely storing the firearm under Penal Code 25145 is the cleanest way to stay within the Penal Code 25105 safe harbor and avoid criminal storage liability.
• Securing a handgun left in a parked car is governed by Penal Code 25140. Use the trunk or a locked container out of plain view; the glove box and center console do not satisfy the statute, and the rear cargo area of an SUV, hatchback, or wagon does not count as a trunk.
• These statutes are amended frequently, and several California firearm laws are in active litigation. Verify the current text of any cited Penal Code section before relying on it.

Sources

• California Penal Code 25100 (criminal storage of a firearm, degrees)
• California Penal Code 25105 (exceptions to criminal storage, operative January 1, 2026)
• California Penal Code 25110 (punishment for criminal storage)
• California Penal Code 25140 (storage of a handgun in an unattended vehicle)
• California Penal Code 25145 (affirmative duty to securely store firearms in a residence, operative January 1, 2026)
• California Penal Code 23635 through 23690 (firearm safety device required at point of sale)
• 18 U.S.C. 922(z) (federal secure gun storage or safety device requirement for handgun sales)
• California Department of Justice, Office of the Attorney General, Firearm Safety Tips: https://oag.ca.gov/firearms/tips
• California DOJ roster of certified firearm safety devices: https://oag.ca.gov/firearms/fsdcertlist

Use of Force Laws in California

California is a licensed-carry state. Carrying a concealed firearm (Penal Code 25400) or a loaded firearm in public (Penal Code 25850) requires a CCW license issued by a county sheriff (Penal Code 26150) or city police chief (Penal Code 26155). Holding a license does not change the rules that govern when a person may use force. Any use of force in self-defense is judged under California's homicide and self-defense statutes, the supporting case law, and the standard jury instructions (CALCRIM). A lawful carrier who uses a firearm must be able to justify that use under the same standards that apply to everyone else.

Permissible Use of Lethal Force in Self-Defense

Under California law, a homicide may be justifiable when committed by any person resisting an attempt to murder, to commit a felony, or to do great bodily injury, or in defense of habitation, property, or person against one who manifestly intends or endeavors by violence or surprise to commit a felony (Penal Code 197). The lawful defense of self or of a spouse, parent, child, or other listed person is justifiable when there is reasonable ground to apprehend a design to commit a felony or to do great bodily injury and imminent danger of that design being accomplished (Penal Code 197(3)). In practice, the standard jury instructions reduce this to three elements:

1. Reasonable belief of imminent danger: The person reasonably believed that they, or someone else, was in imminent danger of being killed, suffering great bodily injury, or being the victim of a forcible and atrocious felony;
2. Reasonable belief in necessity: The person reasonably believed that the immediate use of deadly force was necessary to defend against that danger; and
3. Proportional force: The person used no more force than was reasonably necessary to defend against that danger.

The danger must be imminent and cannot rest on a belief in future harm alone. The belief in imminent danger must be reasonable, and the person must have acted because of that belief. A person may use the degree of force, up to lethal force, that a reasonable person in the same or similar circumstances would believe necessary to prevent the imminent danger (Penal Code 197; Penal Code 198; CALCRIM 505).

"The 'ultimate question' for the jury is whether a reasonable person in defendant's situation 'would believe in the need to kill to prevent imminent harm.'" - People v. Horn (2021) 63 Cal.App.5th 672, 685-686, quoting People v. Humphrey (1996) 13 Cal.4th 1073, 1087.

Key Definitions

• Great bodily injury: A significant or substantial physical injury, not merely a minor or moderate injury. For the home-defense presumption, Penal Code 198.5 defines great bodily injury as "a significant or substantial physical injury."
• Forcible and atrocious crime: A felony that by its nature and the manner of its commission threatens, or is reasonably believed to threaten, life or great bodily injury so as to instill in the person a reasonable fear of death or great bodily injury (People v. Ceballos (1974) 12 Cal.3d 470, 478). Examples include murder, mayhem, rape, and certain robberies.
• Serious bodily injury: A serious impairment of physical condition, including but not limited to loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement (Penal Code 243(f)(4)).
• Deadly force: Force intended or likely to cause death or great bodily injury. For civilian self-defense the operative authorities are Penal Code 197, 198, 198.5, and 199, together with CALCRIM 505, 506, and 3470. Penal Code 835a defines deadly force and governs use of force by peace officers under AB 392 (2019); it does not control civilian self-defense.
• Imminent threat: Based on the totality of the circumstances, a threat is imminent when a reasonable person in the same situation would believe that another person has the present ability, opportunity, and apparent intent to immediately cause death or great bodily injury. A subjective fear of future harm alone is not enough (Penal Code 198; CALCRIM 505, 3470; People v. Humphrey (1996) 13 Cal.4th 1073).

Limitations on the Use of Force in Self-Defense

• Bare fear is not enough: A bare fear of one of the offenses listed in Penal Code 197 does not justify a homicide. The circumstances must be sufficient to excite the fears of a reasonable person, and the person must have acted under the influence of those fears alone (Penal Code 198).
• Cessation of danger: The right of self-defense ends when the danger ends. Once the attacker has been rendered incapable of inflicting further injury, no further force may be used (CALCRIM 505, 3474).
• Proportionality: A person may use only the amount of force that a reasonable person in the same or similar circumstances would believe necessary to prevent the imminent danger.
• Initial aggressor: Self-defense is generally not available to a person who starts a fight. If that person tries in good faith to stop the fight and clearly tells the opponent they want peace, but the opponent keeps fighting, the right of self-defense returns (Penal Code 197(3); CALCRIM 3471).
• Excessive force: Force beyond these limits can result in civil or criminal liability, even if the encounter began as lawful self-defense.

No Duty to Retreat

California has no statutory stand-your-ground law, but California courts and the standard jury instructions provide a no-duty-to-retreat rule for lawful defenders. A person who is not the aggressor is not required to retreat, even if a safe retreat is possible, and may stand their ground and defend themselves. This rule is stated in the standard self-defense jury instructions, CALCRIM 505 and 3470, which tell the jury that a defendant who is lawfully defending themselves is not required to retreat and may pursue an assailant until the danger has passed. Penal Code 835a(d) creates a separate no-retreat rule for peace officers and does not govern civilians. The force used must still be reasonable and proportional to the threat.

Castle Doctrine: Defending Yourself or Another in the Home (Penal Code 198.5)

A person who uses force intended or likely to cause death or great bodily injury inside their residence is presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when:

1. The force is used against a person who is not a member of the family or household; and
2. That person unlawfully and forcibly entered, or had unlawfully and forcibly entered, the residence; and
3. The person using force knew or had reason to believe that an unlawful and forcible entry occurred.

This is a rebuttable presumption of reasonable fear (Penal Code 198.5). It does not give blanket authority to use deadly force in the home. The presumption can be challenged by the prosecution, and the force used must still appear necessary to a reasonable person in the same or similar circumstances. The presumption applies only to a residence and only against a person who forcibly and unlawfully enters; it does not extend to family or household members.

Defense of Property

The lawful occupant of real property may ask a trespasser to leave. If the trespasser does not leave within a reasonable time, the occupant may use reasonable force to eject them, limited to the force a reasonable person would believe necessary under the same or similar circumstances (CALCRIM 3475).

Note: Defense of property alone does not justify lethal force. Lethal force is justified only when there is a reasonable belief of imminent danger of death or great bodily injury to a person.

Peace-Officer Use-of-Force Standard (Penal Code 835a)

Penal Code 835a, enacted by AB 392 (2019), sets the standard for use of force by peace officers. It is not the civilian self-defense standard, but it reflects principles that often appear in use-of-force analysis:

• Force is judged on the totality of the circumstances, meaning all facts known to the person at the time, including the conduct of both parties leading up to the use of force.
• The reasonableness of force is judged from the perspective of a reasonable person in the same situation, not with hindsight.
• Deadly force is justified only when reasonably necessary to defend against an imminent threat of death or serious bodily injury.

Civilians should not assume the officer standard applies to them. Civilian use of force is governed by Penal Code 197, 198, 198.5, and 199 and the CALCRIM instructions.

Self-Defense and Workplace Violence Rules

California's workplace violence prevention law (Labor Code 6401.9) expressly states that "workplace violence" does not include lawful acts of self-defense or defense of others. A lawful defensive act by an employee is not a reportable workplace violence incident under that statute.

Key Statutory References

Key Case Law

Important Considerations for Concealed Carry Permit Holders

• Whether the use of lethal force is justified cannot be reduced to a simple checklist. It depends on statutory law (Penal Code 197, 198, 198.5, 199), case law, and the totality of the circumstances as a jury would view them.
• California imposes no duty to retreat for a lawful defender, but the force used must always be reasonable and proportional to the perceived threat.
• The use of excessive force, even when an encounter began as lawful self-defense, can result in both civil and criminal liability.
• A CCW license authorizes lawful carry. It does not lower the legal threshold for using force, and it does not provide immunity from prosecution if force is later found to be unjustified.

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Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and United States v. Rahimi (2024). Bruen, 597 U.S. 1 (2022), established the historical-tradition test for Second Amendment claims and recognized a right to carry a handgun in public for self-defense. Rahimi, 602 U.S. 680 (2024), applied Bruen to uphold the federal firearm prohibition for persons subject to a domestic-violence restraining order at 18 U.S.C. 922(g)(8), confirming that not every firearm disability fails Bruen's test. Anyone advising on use of force or firearm-disability questions should be familiar with both decisions.

Castle Doctrine & Stand Your Ground Laws in California

California does not have a "Stand Your Ground" law. The state is notably absent from the list of states that adopted Stand Your Ground statutes post-2005 (per U.S. Senate Judiciary Committee records). Instead, California follows a Castle Doctrine framework with self-defense principles established through a combination of statute, jury instructions, and case law.

Castle Doctrine

California's Castle Doctrine is codified primarily in Penal Code §§ 198.5 and 197:

• Presumption of Reasonable Fear (PC § 198.5): Any person using force intended or likely to cause death or great bodily injury within their own residence against an unlawful intruder who forcibly enters or attempts to forcibly enter the residence is presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household. This presumption applies when:

  • The intruder unlawfully and forcibly entered or was entering the residence;
  • The resident knew or had reason to believe that an unlawful and forcible entry was occurring;
  • The force was used against the intruder; and
  • The resident was not the initial aggressor.

  Important limitation: This presumption is rebuttable-it shifts the burden but does not create absolute immunity. The prosecution may present evidence to overcome it.

• Justifiable Homicide in Defense of Habitation (PC § 197): Homicide is justifiable when committed:

  1. In defense of habitation, property, or person against one who manifestly intends or endeavors, by violence or surprise, to commit a felony; or
  2. Against one who manifestly intends and endeavors, in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or
  3. When committed in the lawful defense of the slayer or of a spouse, child, parent, or other person in the slayer's presence or company, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and the danger was imminent.

• Discharge of Firearm at Inhabited Dwelling (PC § 246): Separately, it is a felony for any person to maliciously and willfully discharge a firearm at an inhabited dwelling, house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, or inhabited camper. This statute protects the sanctity of the home from the other direction-criminalizing attacks against dwellings. (Source: 2021 California Firearms Laws Summary, Attorney General)

No Duty to Retreat (Case Law, Not Statute)

While California is not classified as a Stand Your Ground state by statute, California jury instructions establish that a person who is threatened has no duty to retreat before using force in self-defense:

• CALCRIM No. 505 (Justifiable Homicide: Self-Defense or Defense of Another): Instructs juries that a defendant is not required to retreat and has the right to stand his or her ground and defend himself or herself, and if reasonably necessary, to pursue an assailant until the danger has passed. This applies even if safety could have been achieved by retreating.

• CALCRIM No. 506 (Justifiable Homicide: Defending Against Harm to Person Within Home or on Property): Instructs juries on the defense of persons within the home, incorporating the Castle Doctrine principles from PC §§ 197 and 198.5.

• CALCRIM No. 3470 (Right to Self-Defense or Defense of Another): For non-homicide cases, instructs that a person who reasonably believes they are in imminent danger of suffering bodily injury is not required to retreat before using reasonable force.

This "no duty to retreat" principle originates from case law (including People v. Hughes (1951) 107 Cal.App.2d 487 and related decisions) rather than a specific Stand Your Ground statute, which means it is applied through jury instructions at trial rather than providing pretrial immunity.

Key Differences from True Stand Your Ground States

Key Self-Defense Principles

California self-defense law requires all of the following elements:

1. Reasonable belief of imminent danger: The defender must reasonably believe they are in imminent danger of being killed, suffering great bodily injury, or being the victim of a forcible and atrocious crime.
2. Reasonable belief force is necessary: The defender must reasonably believe the immediate use of force is necessary to defend against the danger.
3. Proportional force: The force used must be no more than reasonably necessary to defend against the danger. Deadly force is only justified to prevent death or great bodily injury.
4. Objective and subjective standard: Courts apply a hybrid test-both what the defendant actually believed and whether a reasonable person in the same circumstances would have held that belief.

Initial aggressor limitation: A person who initiates or provokes a confrontation generally cannot claim self-defense unless they have exhausted all reasonable means of escape or have communicated their desire to stop fighting and the other party continues. (CALCRIM No. 3471)

Imperfect self-defense: If a person honestly but unreasonably believed deadly force was necessary, this may reduce a murder charge to voluntary manslaughter under California's doctrine of imperfect self-defense. (CALCRIM No. 571)

Scope of "Residence" Under the Castle Doctrine

PC § 198.5 applies to the defender's "residence," which courts have interpreted to include:

• A house, apartment, or condominium the person occupies
• Hotel or motel rooms during occupancy
• Any dwelling place where the person resides

The presumption requires forcible and unlawful entry-it does not apply to invited guests, persons with a legal right to enter, or situations where the door was left open and no force was used to enter.

First-Degree Burglary as a Violent Felony

California law classifies first-degree burglary (burglary of an inhabited dwelling with a person present) as a "violent felony" under PC § 667.5(c)(21). This classification underscores the seriousness with which California treats home invasion and supports the Castle Doctrine's presumption that occupants who use force against home intruders act reasonably.

Important Notes for Concealed Carry Permit Holders

• California's self-defense laws apply identically whether or not a person holds a concealed carry permit (CCW). A permit authorizes carrying; it does not alter or expand the legal framework for when force may be used.
• SB 2 (signed September 26, 2023) significantly strengthened California's public carry regulations, including:
  • Minimum age of 21 for CCW permits
  • Enhanced training requirements (minimum 16 hours, including live-fire)
  • Expanded list of sensitive places where concealed carry is prohibited (schools, government buildings, parks, places of worship, bars, etc.)
  • Good moral character requirement with expanded background checks
  • These restrictions affect where permit holders may lawfully carry but do not alter the underlying self-defense legal framework.
• No civil immunity shield: Unlike some Stand Your Ground states, California does not provide automatic civil immunity for justified use of force. Even after a finding of justified self-defense in criminal proceedings, a separate civil lawsuit for wrongful death or injury is possible.
• Any use of a firearm in self-defense will be evaluated under the same legal standards of reasonableness and proportionality applied to all persons. Permit holders are not held to a higher or lower standard.
• Permit holders should be aware that carrying in a prohibited sensitive place under SB 2, even if they ultimately use the firearm in lawful self-defense, may result in separate criminal charges for the unlawful carry.

Related Statutes Summary

Disclaimer: The Castle Doctrine and self-defense statutes (PC §§ 197, 198.5) and jury instructions (CALCRIM 505, 506, 3470, 3471, 571) referenced above are well-established California law. The source materials reviewed include the California Attorney General's 2021 Firearms Laws Summary, U.S. Senate Judiciary Committee hearing records on Stand Your Ground laws, and California Legislative Information (leginfo.legislature.ca.gov). Concealed carry permit holders should consult the full text of these statutes and seek qualified legal counsel for specific self-defense situations. This content is for informational purposes only and does not constitute legal advice.

Duty to Inform - California

California does not have a statewide statutory duty requiring concealed carry weapon (CCW) permit holders to proactively inform law enforcement officers that they are carrying a concealed firearm during a traffic stop or other law enforcement encounter. Unlike states such as Texas or Ohio, no provision within the California Penal Code mandates immediate verbal disclosure of CCW status upon contact with an officer.

Statutory Framework

California's CCW licensing scheme is governed by Penal Code §§ 26150-26225. These sections establish the requirements for obtaining a CCW license, including issuance criteria, training mandates, and permissible conditions - but they do not include any statewide duty-to-inform obligation.

• Penal Code § 26150 - Authorizes the sheriff of a county to issue a CCW license to a resident of that county.
• Penal Code § 26155 - Authorizes the chief of police (or equivalent) of a city to issue a CCW license to a resident of that city.
• Penal Code § 26165 - Specifies the minimum training course requirements for CCW applicants, including course length, curriculum content, and live-fire shooting exercises.
• Penal Code § 26200 - Grants issuing authorities discretion to impose reasonable restrictions or conditions on the license, which is the legal basis for county-specific notification requirements.

Additionally, California is not a "stop and identify" state. There is no general statutory requirement under state law obligating a person to identify themselves to law enforcement absent a lawful arrest (though providing a false identity to an officer is prohibited under Penal Code § 148.9).

SB 2 - The Carry Concealed Weapons Act (2023)

Senate Bill 2, signed into law on September 26, 2023, made sweeping changes to California's CCW licensing framework following the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (2022). Key changes include:

• Expanded the list of "sensitive places" where concealed carry is prohibited, including government buildings, schools, parks, places of worship, and establishments serving alcohol (Penal Code § 26230).
• Added enhanced training requirements (minimum 16 hours, including live-fire exercises).
• Historically (pre-Bruen / pre-SB 2): established a good moral character standard with specific disqualifying factors. REPLACED by the objective Penal Code § 26202 disqualified-person standard effective Jan 1, 2024.
• Did not add a statewide duty-to-inform requirement.

SB 2 preserved the authority of local issuing agencies to impose additional conditions under Penal Code § 26200, meaning county-level notification requirements remain enforceable where they exist.

Issuing Agency Conditions - Variation by County

Under Penal Code § 26200, individual issuing authorities (sheriffs and police chiefs) may impose their own reporting and notification requirements as conditions of the CCW license. These conditions vary significantly by jurisdiction. Permit holders are legally bound by the conditions set by their specific issuing authority, and failure to comply can result in permit revocation.

Example: San Bernardino County Sheriff's Department

• If arrested, questioned, or detained by law enforcement: You must notify the CCW division within 3 business days.
• If pulled over while carrying your CCW firearm: You must notify the CCW office within 10 business days.
• Method of notification: Email to the CCW office (do not call).
• Required details: Reason for contact (who, what, when, where, why), details of the interaction, location of contact, law enforcement agency involved, and the officer's name.

Other Common County Conditions

While specific conditions vary, many California issuing agencies impose requirements such as:

• Notifying the issuing agency within a specified timeframe of any law enforcement contact while armed
• Reporting any change of address, phone number, or legal name
• Reporting any arrest, charge, or restraining order immediately or within a short timeframe
• Carrying the CCW license on your person at all times when carrying concealed
• Producing the license upon demand by any law enforcement officer (this is distinct from a duty to proactively inform)

Law Enforcement Access to CCW Status

• A driver's license or vehicle registration does not indicate CCW permit holder status during a records check.
• However, law enforcement officers can verify CCW status through the California Department of Justice records system, which is accessible 24 hours a day.
• Officers conducting a traffic stop or field contact may query the system and learn of an individual's CCW permit status independently.

Related Obligations While Carrying

• Penal Code § 25400 - Makes carrying a concealed firearm without a valid CCW license a criminal offense (wobbler - misdemeanor or felony). Permit holders must ensure their license is valid and that they are complying with all conditions.
• Penal Code § 26200(a)(7) - A licensee shall not fail to carry the license on their person while carrying a concealed weapon.
• Penal Code § 26200(a)(9) - A licensee shall not refuse to display the license, or to provide the firearm to a peace officer upon demand, for purposes of inspection.
• Penal Code § 26230 (as amended by SB 2) - Prohibits concealed carry in designated sensitive places; violations can result in criminal penalties and permit revocation.

Note: The obligation under § 26200(a)(9) to display the license upon demand is a responsive duty (you must produce it if asked), not a proactive duty (you are not required to volunteer the information unprompted).

Consequences of Non-Compliance

• Failure to comply with issuing agency conditions (such as post-encounter reporting requirements) may result in revocation of the CCW permit under the issuing authority's discretion.
• Failure to produce a license upon lawful demand under Penal Code § 26200(a)(9) could result in citation or arrest.
• Carrying without a valid license (e.g., after revocation) is a violation of Penal Code § 25400, punishable as a misdemeanor or felony.

Practical Guidance

1. Review your permit conditions carefully. The specific conditions imposed by your issuing county or city are legally binding. Obtain a copy and understand all reporting obligations.
2. Carry your license on your person at all times when carrying concealed, as required by Penal Code § 26200(a)(7).
3. Be prepared to present your license if asked by any peace officer (Penal Code § 26200(a)(9)), but understand that California law does not require you to volunteer your CCW status unprompted.
4. Document any law enforcement encounters that occur while you are carrying, in case your issuing agency requires a post-encounter report.
5. Check for updated conditions periodically. Issuing agencies may modify their requirements, and permit holders are expected to stay informed of current conditions.
6. Be aware of sensitive-place restrictions under Penal Code § 26230 (as amended by SB 2), as carrying in a prohibited location can result in criminal charges and permit revocation regardless of disclosure.

Carrying Under the Influence - California

California imposes multiple, overlapping prohibitions on carrying a concealed firearm while under the influence of alcohol, drugs, or other impairing substances. These restrictions are found in both longstanding Penal Code provisions and the more recent SB 2 (2023) amendments.

Primary Statutes

California Penal Code § 25600 - Carrying Concealed While Intoxicated

Penal Code § 25600 makes it a misdemeanor for any person who holds a CCW license to carry a concealed firearm while:

• Under the influence of any alcoholic beverage;
• Under the influence of any drug (including prescription medications that impair); or
• Under the combined influence of any alcoholic beverage and any drug.

No specific BAC threshold is stated in the statute. Unlike some states that set a defined blood alcohol concentration limit (e.g., 0.08%), California uses a general "under the influence" standard, which can encompass impairment at any level.

California Penal Code § 26200 - License Conditions (SB 2, effective 2024)

Senate Bill 2 (2023) added Penal Code § 26200, which imposes broader restrictions on CCW licensees that go beyond the intoxication prohibition in § 25600:

• § 26200(a)(1): A licensee shall not consume an alcoholic beverage or controlled substance (as described in Health & Safety Code §§ 11053-11058) while carrying.
• § 26200(a)(2): A licensee shall not be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption (i.e., bars) while carrying.
• § 26200(a)(3): A licensee shall not be under the influence of any alcoholic beverage, medication, or controlled substance while carrying.

Notably, § 26200(a)(1) prohibits any consumption at all while carrying - not merely being "under the influence." This is a stricter standard than § 25600. Section 26200(a)(3) also explicitly adds medication as a separate category alongside alcohol and controlled substances.

California Penal Code § 26230(a)(9) - Sensitive Places (SB 2)

SB 2 also added § 26230, which designates certain locations as off-limits for concealed carry. Under § 26230(a)(9), a licensee may not carry in:

"Any bar or restaurant serving alcohol for on-premises consumption, including adjacent parking areas."

This provision creates a location-based prohibition separate from the personal-impairment rules - a CCW holder cannot carry in a bar or alcohol-serving restaurant regardless of whether they are drinking.

Note on ongoing litigation: The enforceability of several § 26230 sensitive-place provisions, including the bar/restaurant ban, has been challenged in federal court. In May v. Bonta (S.D. Cal., Dec. 20, 2023), the district court preliminarily enjoined enforcement of the bar/restaurant provision, among others, but the Ninth Circuit panel in Wolford v. Lopez reversed the injunction as to bars and restaurants that serve alcohol, and on January 15, 2025 the full Ninth Circuit denied rehearing en banc, so the bar/restaurant carry ban is currently enforceable. As of early 2025, the Ninth Circuit panel in Wolford v. Lopez upheld similar restrictions, but a dissent from denial of rehearing en banc argued these provisions lack sufficient historical support. CCW holders should monitor this litigation closely, as the enforceability of § 26230(a)(9) may change.

License Disqualification for Substance Abuse

Penal Code § 26202 (as amended by AB 1078) provides that a CCW applicant is a disqualified person who cannot receive or renew a license if they meet any of the following criteria:

• § 26202(a)(7): Within the past 5 years, has been committed, incarcerated, or placed on probation/parole/supervision for a conviction involving controlled substances or alcohol.
• § 26202(a)(8): Is an unlawful user of or addicted to any controlled substance (per 18 U.S.C. § 922(g)(3) and applicable federal regulations).
• § 26202(a)(9): Is currently abusing any controlled substance or alcohol. "Abusing" is defined as "excessive use or consumption reflecting that the applicant has lost the power of self-control with reference to the controlled substance or alcohol."

These disqualification grounds apply at both initial application and renewal.

License Revocation

Penal Code § 26195 authorizes the issuing authority to revoke a CCW license for good cause. A violation of the carrying-under-the-influence provisions - whether under § 25600 or § 26200 - may serve as grounds for revocation.

Additionally, under § 26200(a)(10), a licensee who violates any federal, state, or local criminal law while carrying provides independent grounds for license action.

Penalties Summary

Practical Guidance for CCW Holders

• Do not consume any alcohol or impairing substance while carrying. Section 26200(a)(1) prohibits consumption itself, not just impairment.
• Do not carry in bars or restaurants whose primary purpose is dispensing alcohol for on-premises consumption. The Ninth Circuit has upheld enforcement of § 26230(a)(9) on appeal.
• Prescription medications that cause impairment are covered. If a medication warns against operating machinery or causes drowsiness, carrying while taking it could violate § 26200(a)(3).
• A conviction may cost you your license. Beyond the misdemeanor penalty under § 25600, substance-related convictions can disqualify you from holding a CCW for at least 5 years under § 26202(a)(7).
• Federal law compounds the risk. Under 18 U.S.C. § 922(g)(3), being an unlawful user of or addicted to a controlled substance is a federal firearms disability - not just a state CCW disqualification.

Historical and Legal Context

The Ninth Circuit in Wolford v. Lopez (2024) noted that laws separating firearms from alcohol have historical roots in colonial and Founding-era regulations restricting militiamen from alcohol, as well as Reconstruction-era state laws (Kansas 1867, Missouri 1883, Wisconsin 1883) that prohibited carrying firearms while intoxicated. The Fifth Circuit in United States v. Connelly, 117 F.4th 269, 282 (5th Cir. 2024) concluded that these historical analogues "would support, at most, a ban on carrying firearms while an individual is presently under the influence" - a narrower reading than California's location-based bar/restaurant ban.

California Concealed Carry Weapon Restrictions

California is a licensed-carry state. A person may not carry a concealed firearm or carry a loaded firearm in public without a license to carry (CCW) issued under Penal Code 26150 or 26155. Even with a valid license, California layers on a long list of restrictions covering who may possess a firearm, where firearms may be carried, what may be bought, and how. Many of these restrictions are the subject of active federal litigation, so the practical scope of some rules has shifted during the appeals process. Where a rule is being litigated, this guide flags it and tells you to verify the current status before relying on it.

Carrying Without a License Is Itself Restricted

• Carrying a concealed firearm (Penal Code 25400). It is a crime to carry a pistol, revolver, or other firearm capable of being concealed upon the person, whether on your person or concealed in a vehicle you control. A violation is generally a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. It becomes a felony when an aggravating circumstance applies, including a prior felony conviction, a stolen firearm the person knew or had reason to believe was stolen, active participation in a criminal street gang, or the person being within a class prohibited from possessing firearms (Penal Code 25400, subd. (c)). A firearm carried openly in a belt holster is not "concealed" for purposes of this section.
• Carrying a loaded firearm in public (Penal Code 25850). It is a crime to carry a loaded firearm on your person or in a vehicle in any public place or public street in an incorporated city, or in a prohibited area of an unincorporated county. The default offense is a misdemeanor (up to one year in county jail and/or a $1,000 fine), and it rises to a felony under the same kinds of aggravators listed above (Penal Code 25850, subd. (c)).
• Open carry of a handgun. Openly carrying an exposed and unloaded handgun in public is generally prohibited and is a misdemeanor (Penal Code 26350). Openly carrying a loaded handgun in public is covered by the loaded-carry statute (Penal Code 25850).
• Carrying an unloaded long gun on your person. Carrying an unloaded firearm that is not a handgun (a rifle or shotgun) on your person outside a vehicle, whether openly or concealed, in an incorporated city, or in a public place or public street in a prohibited area of an unincorporated county, is a misdemeanor (Penal Code 26400; exemptions in Penal Code 26405, including firearms in a locked container).

A valid CCW license is the principal exception to the concealed-carry and loaded-carry prohibitions, but it does not authorize open carry and does not override the location restrictions described below.

Prohibited Persons - Who Cannot Possess Firearms

California law prohibits certain categories of persons from possessing firearms. These prohibitions apply to all firearm possession, including concealed carry, and are independent of any federal disability (Penal Code 29800-29825, 29900; Welfare and Institutions Code 8100, 8103).

Lifetime Prohibitions

• Persons convicted of a felony, or of any violent offense including murder, mayhem, rape, attempted murder, arson, robbery, or kidnapping, or any other violent felony enumerated in Penal Code 29905
• Persons convicted of a misdemeanor involving assault on a person with a firearm or machinegun, or who have an outstanding warrant for a misdemeanor offense enumerated in Penal Code 23515, 29800, or 29805
• Persons convicted of inflicting corporal injury on a spouse or significant other (Penal Code 273.5) on or after January 1, 2019 (Penal Code 29805)
• Persons with two or more convictions for drawing or exhibiting a firearm in a rude, angry, or threatening manner (Penal Code 417, subd. (a)(2))
• Persons adjudicated to be a danger to others because of a mental disorder, or a mentally disordered sex offender (Welfare and Institutions Code 8103, subd. (a)(1))
• Persons found mentally incompetent to stand trial or not guilty by reason of insanity, unless the court has found restoration of competence or sanity (Welfare and Institutions Code 8103, subds. (b)(1), (c)(1), (d)(1))

10-Year Prohibitions

Any person convicted of, or who has an outstanding warrant for, a misdemeanor violation of specified statutes, including Penal Code 71, 76, 136.1, 136.5, 140, 148(d), 148.5(f), 171b, 171c(a)(1), 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 26100(b) or (d), 27510, 27590(c), 30315, or 32625, and Welfare and Institutions Code 871.5, 1001.5, 8100, 8101, or 8103 (Penal Code 29805).

5-Year Prohibitions

• Persons taken into custody as a danger to self or others and admitted to a mental health facility under Welfare and Institutions Code 5150, 5151, or 5152, or certified under 5250, 5260, or 5270.15 (a person certified under 5250, 5260, or 5270.15 may face a lifetime bar under federal law)
• Any person who communicates a threat against a reasonably identifiable victim to a licensed psychotherapist that is then reported to law enforcement (Welfare and Institutions Code 8100, subd. (b))
• Persons who own or possess a firearm or ammunition with knowledge that they are prohibited from doing so by a gun violence restraining order (Penal Code 18205)

Juvenile Prohibitions

• Juveniles adjudged wards of the juvenile court are prohibited until age 30 if they committed an offense listed in Welfare and Institutions Code 707, subd. (b) (Penal Code 29820)

Other Prohibitions

• Persons denied firearm possession as a condition of probation (Penal Code 29900, subd. (c))
• Voluntary patients in a mental health facility, or persons under a gravely disabled conservatorship, found to be a danger to self or others (Welfare and Institutions Code 8103, subd. (e))
• Persons addicted to the use of narcotics (Penal Code 29800, subd. (a))
• Persons subject to a protective order as defined in Family Code 6218, Penal Code 136.2 or 646.91, Welfare and Institutions Code 15657.03, or a temporary restraining order under Code of Civil Procedure 527.6, 527.8, or 527.85 (Penal Code 29825)
• Persons with an outstanding warrant (felony or specified misdemeanor) who have knowledge of the warrant (Penal Code 29800 and 29805)

Prohibited Locations - Where Firearms Are Restricted

Even with a valid CCW license, firearms are restricted in many locations. The two principal categories are the long-standing criminal "gun-free" statutes and the SB 2 sensitive-places list that applies specifically to licensees.

Schools and School Zones (Penal Code 626.9)

The Gun-Free School Zone Act of 1995 makes it a crime to possess a firearm in a place the person knows, or reasonably should know, is a school zone, which means in or on the grounds of a public or private school providing instruction in kindergarten through grade 12, or within 1,000 feet of those grounds. A violation on school grounds is a felony punishable by two, three, or five years (Penal Code 626.9, subd. (f)(1)). The statute contains exceptions, including for a person holding a valid CCW license who is within the 1,000-foot zone but not within a building, real property, or parking area under the control of the school, and not on a street or sidewalk immediately adjacent to school property. Separate provisions restrict firearms on the campuses of public or private universities and colleges unless written permission is obtained (Penal Code 626.9, subds. (h), (i)).

Government Buildings, the Capitol, and Courts

• It is a public offense, punishable by up to one year in county jail or by state prison, to bring or possess a firearm in any state or local public building or at any meeting required to be open to the public, absent written permission from the official in charge of building security (Penal Code 171b).
• It is unlawful to bring or possess a loaded firearm in the State Capitol, legislative offices, hearing rooms, the Governor's office or residences, or the residences of constitutional officers and legislators (Penal Code 171c, 171d, 171e).
• Buildings designated for court proceedings and property under the control of a courthouse are restricted under the sensitive-places statute (Penal Code 26230, subd. (a)(4)).

Airports and Passenger Vessel Terminals (Penal Code 171.5)

It is unlawful to knowingly possess a firearm in any building, real property, or parking area under the control of an airport (subject to limited exceptions). It is also unlawful to possess specified weapons within the sterile area of an airport or a passenger vessel terminal, the screened area past security. A violation is punishable by up to six months in county jail, a fine up to $1,000, or both (Penal Code 171.5). An unloaded firearm being transported in a hard-sided locked container in accordance with federal TSA rules is treated separately, so long as the person is not within a sterile area.

SB 2 Sensitive Places for Licensees (Penal Code 26230)

Effective January 1, 2024, SB 2 added Penal Code 26230, which lists more than two dozen categories of "sensitive places" where a CCW licensee may not carry. The categories currently being enforced include school zones, preschools and childcare facilities, government and court buildings, jails and detention facilities, places where liquor is sold for on-site consumption, playgrounds and youth centers, parks and athletic facilities, college and university grounds, gambling establishments, stadiums and arenas, public libraries, airports and passenger vessel terminals, amusement parks, zoos and museums, police stations, polling places, and nuclear facilities.

Litigation status (important): Penal Code 26230 was challenged in May v. Bonta and Carralero v. Bonta, and the enforcement picture has been settled since the Ninth Circuit's mandate took effect on January 23, 2025 (DOJ Information Bulletin 2025-DLE-06). Exactly six categories remain preliminarily enjoined and are not being enforced: hospitals and medical facilities (Penal Code 26230, subd. (a)(7)), public transit (subd. (a)(8)), permitted public gatherings and special events (subd. (a)(10)), places of worship (subd. (a)(22)), financial institutions (subd. (a)(23)), and the default rule that barred carry onto private commercial property open to the public unless the operator posted a sign allowing it (subd. (a)(26)). All other listed categories are enforceable. While the injunction on subdivision (a)(26) stands, the operative rule is the reverse of the statutory default: a licensee may carry in a privately owned commercial establishment open to the public unless the owner prohibits it. Any private property owner may still ban firearms on their own premises as a matter of property rights. The litigation remains ongoing, so verify the current status before relying on any enjoined category.

Age Restrictions

• You generally must be at least 21 years of age to purchase any firearm from a dealer (Penal Code 27510)
• As of January 1, 2020, you must be at least 21 to purchase a semiautomatic centerfire rifle, unless a law enforcement or military exemption applies
• It is unlawful for a minor to possess any firearm (Penal Code 29610(c), effective July 1, 2023) except in narrow circumstances, such as while accompanied by a parent or legal guardian and engaged in lawful recreational, sporting, ranching, or hunting activity, or with prior written parental consent as specified (Penal Code 29615)
• It is unlawful for a minor to possess live ammunition unless the minor has written consent of a parent or legal guardian, is accompanied by a parent or legal guardian, or is actively engaged in a lawful recreational sport or agricultural or hunting activity (Penal Code 29650, 29655)

Firearm Purchase and Acquisition Restrictions

• 10-day waiting period. A dealer may not deliver a firearm until 10 days after the Dealer Record of Sale is submitted, during which the Department of Justice runs an eligibility background check (Penal Code 26815, 27540).
• Dealer-routed transfers (universal background checks). Where neither party to a sale, loan, or transfer holds a dealer's license, the transaction must be completed through a licensed firearms dealer (Penal Code 27545). A licensed dealer conducting a private party transfer may charge a fee not to exceed $10 per firearm (Penal Code 28050).
• Three firearms per 30 days. Effective April 1, 2026, a person may not apply to purchase firearms that would result in more than three firearms cumulatively, of any type, within any rolling 30-day period (Penal Code 27535, as rewritten by AB 1078, Stats. 2025, ch. 570; DOJ Information Bulletin 2026-DLE-02). The exemptions are specific and narrow (Penal Code 27535, subd. (b)): they include the return of a firearm to its owner (which covers pawn returns), replacement of a firearm reported lost or stolen, private party sales where the seller is legally required to relinquish all firearms, estate and trust transfers by a personal representative or trustee, licensed collectors with a certificate of eligibility, and law enforcement. There is no general exemption for private party transfers, so ordinary private party purchases count against the limit.
• Firearm Safety Certificate (FSC). To purchase or acquire a firearm you must hold a valid FSC, obtained by scoring at least 75% on a written test on firearm law and safety. An FSC is valid for five years and costs up to $25 (Penal Code 31610-31670).
• Safe handling demonstration. Before taking possession of a firearm you must perform a safe handling demonstration in front of a DOJ Certified Instructor (Penal Code 26850).
• Firearm safety device. A firearm purchased in California must be accompanied by an approved firearm safety device, or the buyer must show ownership of an approved lock box or gun safe (Penal Code 23635-23690).
• Roster of Handguns Certified for Sale (Unsafe Handgun Act). A dealer may sell to the public only a handgun make and model that has passed safety and functionality testing and appears on the DOJ Roster (Penal Code 31900 et seq.; 32000 et seq.). Private party transfers, intra-familial transfers, curio and relic handguns, certain single-action revolvers, and pawn returns are exempt. Litigation status: the microstamping requirement that had effectively frozen new additions to the Roster was struck down in Boland v. Bonta, and the Roster scheme remains in active litigation, so its current contours should be verified.

Ammunition Purchase Restrictions

A person seeking to purchase or transfer ammunition must undergo an eligibility check and be approved by the DOJ before the sale or transfer, processed electronically through a licensed ammunition vendor (Penal Code 30352, 30370). Litigation status: California's ammunition background-check requirement has been challenged in Rhode v. Bonta. The requirement has been enjoined and then stayed at points during the appeals, so whether the check is currently being enforced is contested and should be verified.

Magazines, Assault Weapons, and Other Hardware Bans

• Large-capacity magazines (Penal Code 32310). Manufacturing, importing, selling, giving, lending, buying, or receiving a magazine able to hold more than 10 rounds is an offense, and possession is an infraction or misdemeanor punishable by a fine up to $100 per magazine. Litigation status: this ban is the subject of long-running litigation in Duncan v. Bonta. Enforcement has been enjoined and reinstated at different stages, so verify the current status.
• Assault weapons (Penal Code 30515, 30605, 30900). California defines an "assault weapon" to include a semiautomatic centerfire rifle or semiautomatic pistol that lacks a fixed magazine and has certain features (Penal Code 30515). Possession of an unregistered assault weapon is an offense (Penal Code 30605), and registration of certain previously lawful weapons was required by deadline (Penal Code 30900). Litigation status: the assault weapon scheme is being litigated in Miller v. Bonta. Verify current status before relying on any part of it.

Prohibited Acts

• Obliterating or altering firearm identification marks (make, model, serial number, or other distinguishing mark) is unlawful (Penal Code 23900), as is buying, selling, or possessing a firearm knowing its identification has been obliterated or altered (Penal Code 23920).
• Straw purchases. Buying a firearm for a person prohibited from possessing one, or for someone who does not want their name on the transaction, violates both California and federal law.

New California Residents

A new California resident who brings a firearm into the state must report ownership to the DOJ, or sell or transfer the firearm in accordance with California law, within 60 days. A New Resident Report of Firearm Ownership (BOF 4010A) must be submitted with a $19 fee (Penal Code 27560).

Federal Context

State eligibility does not override federal firearm law. Federal restrictions apply independently and can be more severe.

Federal prohibited persons (18 U.S.C. 922(g)). Federal law bars firearm possession by, among others, felons, fugitives, unlawful users of controlled substances, persons adjudicated mentally defective or committed to a mental institution, persons subject to qualifying domestic violence restraining orders (922(g)(8)), and persons convicted of a misdemeanor crime of domestic violence (922(g)(9)). Being under indictment for a felony is addressed separately at 18 U.S.C. 922(n) (which bars receiving or shipping a firearm), not at 922(g).

Lautenberg Amendment (18 U.S.C. 922(g)(9)). A misdemeanor crime of domestic violence triggers a federal lifetime firearm-possession bar that is independent of state law and applies even if the state conviction did not involve a firearm and no firearm penalty was imposed. United States v. Rahimi (2024) upheld the related domestic-violence restraining-order disability at 922(g)(8) under the Bruen historical-tradition framework.

Firearms aboard aircraft (49 U.S.C. 46505). Carrying a concealed dangerous weapon that is or would be accessible in flight, or placing a loaded firearm aboard an aircraft, is a federal crime punishable by a fine and imprisonment for up to 10 years. This is the controlling federal aircraft provision, not the general firearm-use statute at 18 U.S.C. 924.

LEOSA (18 U.S.C. 926B and 926C). The federal Law Enforcement Officers Safety Act allows qualified active (926B) and retired (926C) law enforcement officers who meet the statutory conditions to carry concealed across state lines. LEOSA is a federal authority, not a California exemption, and it does not displace facility-specific federal or state restrictions.

National Firearms Act transfer tax (Pub. L. 119-21). For NFA items, the transfer and making tax is $200 for a machinegun or destructive device and $0 for all other NFA items (such as suppressors, short-barreled rifles, and short-barreled shotguns). The change is effective for calendar quarters beginning more than 90 days after July 4, 2025, with the first qualifying quarter starting January 1, 2026. General ATF pages may still display the older $200 figure, but the statutory change controls. NFA registration and California's own restrictions on these items still apply.

California NFA Items and Weapon Restrictions

Overview

California has some of the most restrictive firearm laws in the nation. Many items that federal law permits to civilians through the National Firearms Act (NFA) process, meaning registration on the National Firearms Registration and Transfer Record plus the federal making or transfer tax, are flatly prohibited to ordinary civilians under California state law. A California concealed carry license does not authorize possession of any NFA item or any California-defined assault weapon. Federal registration or a recent change in federal tax does not create a state exemption.

This section explains the federal NFA framework, then the California prohibitions that override it.

How federal NFA classification works

The federal NFA regulates a defined list of items. Under 26 U.S.C. 5845(a), an NFA "firearm" includes a short-barreled shotgun (barrel under 18 inches, or overall length under 26 inches if made from a shotgun), a short-barreled rifle (barrel under 16 inches, or overall length under 26 inches if made from a rifle), a machinegun, a silencer, a destructive device, and "any other weapon" (AOW).

• A machinegun is any weapon that fires, is designed to fire, or can be readily restored to fire more than one shot by a single function of the trigger, including the frame or receiver and conversion parts. (26 U.S.C. 5845(b))
• An AOW is generally a concealable weapon from which a shot can be discharged through the energy of an explosive, plus certain smooth-bore pistols and combination guns. (26 U.S.C. 5845(e))
• A destructive device includes explosive, incendiary, and poison gas devices, plus firearms with a bore over one-half inch other than sporting shotguns. (26 U.S.C. 5845(f))

At the federal level these items are legal to civilians who complete ATF registration and pay the applicable tax, unless state law prohibits them. In California, most are prohibited regardless of federal registration.

Silencers and suppressors

• Possession is a felony in California. Penal Code 33410 states that any person, firm, or corporation who within the state possesses a silencer is guilty of a felony, punishable by imprisonment under Penal Code 1170(h), or a fine not to exceed ten thousand dollars ($10,000), or both. There is no civilian exception for a federally registered suppressor.
• A "silencer" is broadly defined as any device or attachment designed, used, or intended to silence, diminish, or muffle the report of a firearm, including any combination of parts intended to assemble or fabricate one, and any part intended only for that use. (Penal Code 17210)
• Separately, a semiautomatic pistol with a threaded barrel "capable of accepting a flash suppressor, forward handgrip, or silencer" is one of the features that makes the pistol an assault weapon under Penal Code 30515.

Machine guns

• Possession or knowing transport is prohibited. Penal Code 32625(a) makes it a public offense, punishable by imprisonment under Penal Code 1170(h), or a fine not to exceed ten thousand dollars ($10,000), or both, except as authorized by the chapter (narrow permits issued by the Department of Justice, generally for law enforcement and other limited holders).
• Intentionally converting a firearm into a machinegun, or selling, offering for sale, or knowingly manufacturing a machinegun, is punishable by imprisonment under Penal Code 1170(h) for four, six, or eight years. (Penal Code 32625(b))

Short-barreled rifles (SBRs) and short-barreled shotguns (SBSs)

• Prohibited under Penal Code 33215. Any person in the state who manufactures, causes to be manufactured, imports into the state, keeps for sale, offers or exposes for sale, or who gives, lends, or possesses a short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or by imprisonment under Penal Code 1170(h). This is a wobbler that can be charged as a misdemeanor or a felony.
• The statute is subject to narrow exceptions in Penal Code 33220 and 33225 and the permit provisions beginning at Penal Code 17700. These exceptions do not authorize ordinary civilian possession.
• A short-barreled rifle and short-barreled shotgun are also listed among the "generally prohibited weapons" in Penal Code 16590, which cross-references Penal Code 33215.
• The federal length thresholds are barrel under 16 inches for rifles and under 18 inches for shotguns, or an overall length under 26 inches for a weapon made from either. (26 U.S.C. 5845(a))
• Note a separate overlap: a semiautomatic, centerfire rifle with an overall length of less than 30 inches is itself an assault weapon under Penal Code 30515, independent of the federal 26-inch threshold.

Destructive devices

• Possession of a destructive device, other than fixed ammunition greater than .60 caliber, is a public offense under Penal Code 18710(a). A conviction is punishable by up to one year in county jail, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000), or both. (Penal Code 18710(b))
• The destructive device offenses are set out in the chapter beginning at Penal Code 18710 and continuing through Penal Code 18780, which separately address manufacture, sale, transport, and possession in specific places. "Destructive device" is defined for California purposes in Penal Code 16460 and covers items such as bombs, grenades, explosive missiles, certain large-bore projectile weapons, and incendiary or explosive materials.

"Any other weapon" (AOW)

• California does not use the federal "AOW" label. (26 U.S.C. 5845(e))
• Items that would fall in the federal AOW category are instead reached by California's "generally prohibited weapons" list in Penal Code 16590 and its cross-referenced sections. Examples include cane guns (Penal Code 24410), wallet guns (Penal Code 24710), and zip guns (Penal Code 33600), each a separate prohibited-weapon offense. A federally registered AOW does not become legal in California by virtue of that registration.

Assault weapons (California state restrictions)

California bans assault weapons through three overlapping categories. (Penal Code 30510, 30515)

Category One: banned by make and model

Specific firearms are banned by type, series, and model by name, for example the Beretta AR-70, Springfield Armory BM59 and SAR-48, Steyr AUG, Sterling MK-6, and the Bushmaster Assault Rifle. (Penal Code 30510)

Category Two: AK and AR-15 variants

Firearm models that are variations of the AK or AR-15 with only minor differences are banned. (Penal Code 30510, subds. (a)(1) and (f); see Cal. Code Regs., tit. 11, section 5499.) Category One and Category Two firearms are banned whether or not they have a Category Three feature.

Category Three: banned by generic characteristics (Penal Code 30515)

Rifles. A semiautomatic, centerfire rifle without a fixed magazine that has any one of: a pistol grip protruding conspicuously beneath the action, a thumbhole stock, a folding or telescoping stock, a grenade or flare launcher, a flash suppressor, or a forward pistol grip. Also any such rifle with a fixed magazine over 10 rounds, or with an overall length under 30 inches.

Pistols. A semiautomatic pistol without a fixed magazine that has any one of: a threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer; a second handgrip; a barrel shroud (other than a slide that encloses the barrel); or the capacity to accept a detachable magazine outside the pistol grip. Also any such pistol with a fixed magazine over 10 rounds.

Shotguns. A semiautomatic shotgun with both a folding or telescoping stock and a pistol grip, thumbhole stock, or vertical handgrip; a semiautomatic shotgun without a fixed magazine; or any shotgun with a revolving cylinder.

Other firearms. A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, without a fixed magazine, having any one of the listed features; with a fixed magazine over 10 rounds; or with an overall length under 30 inches.

Penalty for possession

Unlawful possession of an assault weapon under Penal Code 30605(a) is a wobbler. The statute provides that any person who, within the state, possesses an assault weapon, except as provided in the chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. Charged as a misdemeanor it carries up to one year in county jail. Charged as a felony it carries a county jail term under Penal Code 1170(h) rather than a commitment to state prison. A reduced penalty applies under Penal Code 30605(b): a first violation is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30945 and meets the other statutory conditions, including that the person lawfully possessed the firearm before it was defined as an assault weapon.

Litigation status

California's assault weapon ban has been challenged in Miller v. Bonta. The ban remains in effect while the case proceeds through the courts. Treat the prohibitions above as currently enforceable, and verify the litigation status before relying on any reported ruling.

Large-capacity magazines

• California generally prohibits the manufacture, importation into the state, keeping or offering for sale, and the giving, lending, buying, or receiving of any magazine able to accept more than 10 rounds. A violation is a wobbler punishable by up to one year in county jail or by imprisonment under Penal Code 1170(h). (Penal Code 32310(a))
• Possession of a large-capacity magazine is an infraction or a misdemeanor, with a fine of up to $100 per magazine. (Penal Code 32310(c))
• The large-capacity magazine ban has been litigated extensively in Duncan v. Bonta. The restriction has been upheld and remains in effect, but its status has shifted during the litigation. Confirm the current enforceable status before relying on it.

Federal NFA tax change (Pub. L. 119-21)

• Under Pub. L. 119-21, the federal making and transfer tax is set at $0 for NFA items that are not machineguns or destructive devices, meaning silencers, short-barreled rifles, short-barreled shotguns, and AOWs. The $200 tax continues to apply to machineguns and destructive devices.
• The change applies to calendar quarters beginning more than 90 days after July 4, 2025, so the first qualifying quarter is January 1, 2026. ATF general pages may still display the older $200 figure for all items; the statutory change is the controlling authority.
• This federal tax change does not affect California law. Items prohibited under California law (silencers, machine guns, short-barreled rifles and shotguns, and assault weapons) remain prohibited regardless of the federal tax or NFA registration. The federal registration requirement and the National Firearms Registration and Transfer Record also remain in effect.

Pending federal legislation

• H.R. 2395, the SHORT Act (Stop Harassing Owners of Rifles Today Act), would remove short-barreled rifles, short-barreled shotguns, and AOWs from the NFA definition of "firearm." As of this writing it has been referred to committee and has not been enacted. Even if it passes, California's independent state prohibitions on these items would remain in force.

Key takeaway for CCW holders

A California concealed carry license authorizes carrying a handgun. It does not authorize possessing any NFA item or any California-defined assault weapon. Silencers, machine guns, short-barreled rifles, and short-barreled shotguns are prohibited under state law, possession is generally a felony or a wobbler, and federal NFA registration provides no defense. Assault weapons under Penal Code 30510 and 30515 and large-capacity magazines over 10 rounds under Penal Code 32310 are also prohibited. Because several of these bans are in active litigation, verify the current enforceable status before acting.

Key statutes

Red Flag Laws: California Gun Violence Restraining Orders (GVRO)

California's "red flag" law is formally the Gun Violence Restraining Order (GVRO). It lets a court temporarily prohibit a person who poses a significant danger from having, owning, buying, or receiving firearms and ammunition. GVROs have been available in California since January 1, 2016 and are codified in the Penal Code beginning at Penal Code 18100.

This page explains how a GVRO works, who can ask for one, the different order types and their durations, and how a GVRO (and related protective orders) affect a person who holds a California carry license.

What a GVRO Does

Under Penal Code 18100, a gun violence restraining order is a court order prohibiting and enjoining a named person from having custody or control of, and from owning, purchasing, possessing, or receiving, any firearms or ammunition while the order is in effect. The statute provides that "ammunition" includes a magazine as defined in Penal Code 16890. The California courts self-help materials describe the prohibition as reaching firearms, firearm parts, ammunition, magazines, and body armor.

A GVRO restricts firearms only. It does not order the restrained person to:

• Stay away from, or stop contacting, another person
• Move out of a shared home
• Stop abuse or harassment

If protection beyond firearm restrictions is needed, a different order (a domestic violence restraining order, civil harassment order, or workplace violence order) may be more appropriate. Those orders carry their own separate firearm prohibitions, described below.

Surrender of Firearms

Once a GVRO is issued and served, the restrained person must give up their firearms and ammunition under Penal Code 18120. If a law enforcement officer serves the order and requests it, surrender must occur immediately. Otherwise, the person must surrender within 24 hours of being served, by turning the firearms and ammunition over to a local law enforcement agency in a safe manner, or by selling or transferring them to a licensed firearms dealer. The restrained person must file proof of surrender with the court (and the serving law enforcement agency, if applicable) within 48 hours.

Types of GVRO

California provides three GVRO mechanisms, each with its own petitioner pool, legal standard, and duration.

1. Temporary Emergency GVRO (Penal Code 18125)

• Who can request it: A law enforcement officer only.
• How it issues: On an ex parte basis. The officer asserts the grounds and a judicial officer makes the finding. These are commonly requested by phone when court is not in session.
• Standard: Reasonable cause to believe the subject poses an immediate and present danger of causing personal injury to self or others by having access to a firearm or ammunition, and that the order is necessary because less restrictive alternatives are inadequate or have been tried and found ineffective.
• Duration: The temporary emergency order expires no later than 21 days from the date it is issued.

2. Ex Parte GVRO (Penal Code 18150)

• Who can request it: A broader group of petitioners. Under Penal Code 18150(a)(1), this includes an immediate family member, an employer, a qualifying coworker (with employer approval and at least one year of substantial regular interaction), a qualifying school employee or teacher (with administrator approval), a law enforcement officer, a roommate, a person in a dating relationship with the subject, and a person who shares a child with the subject. The petitioner pool grew in two stages. AB 61 (Stats. 2019, ch. 725) added employers, qualifying coworkers, and qualifying school employees, effective January 1, 2020. AB 2870 (Stats. 2022, ch. 974) added roommates, dating partners, and additional family and co-parent relationships, effective January 1, 2023.
• Standard: The court may issue the order if there is a substantial likelihood that the subject poses a significant danger, in the near future, of causing personal injury to self or others by having access to a firearm or ammunition, and that the ex parte order is necessary to prevent that injury.
• Duration: The ex parte order remains in effect until the hearing. Under Penal Code 18165, within 21 days after the date on the order the court must hold a hearing to decide whether to issue an order after notice and hearing under Penal Code 18175.

3. GVRO After Notice and Hearing (Penal Code 18170, 18175)

• Who can request it: The same petitioner list as the ex parte order, under Penal Code 18170(a)(1).
• Standard: At the hearing the court must find, by clear and convincing evidence, that the subject poses a significant danger of causing personal injury to self or others by having access to a firearm or ammunition, and that the order is necessary. This is a higher standard than the showing required for an emergency or ex parte order.
• Duration: Under Penal Code 18175, an order issued after notice and hearing lasts from one to five years, subject to termination by further court order. A GVRO may be renewed under Penal Code 18190 for an additional one to five years on the same clear-and-convincing-evidence standard.

Evidence the Court Considers

When ruling on a GVRO petition, the court considers evidence such as specific statements or acts suggesting danger, recent threats or acts of violence, prior protective orders or their violation, reckless use or brandishing of a firearm, history of firearm or ammunition acquisition, and substance abuse history. Witness statements made under oath, police reports, medical records, photographs, and threatening messages may all be submitted. A GVRO can be issued even if the petitioner does not know whether the subject currently possesses firearms, because the order also bars future acquisition.

Service and Proof of Service

If the court issues a temporary or ex parte GVRO, the restrained person must be personally served with a copy of the order. Service may be performed by a person 18 or older who is not the petitioner, and a sheriff or marshal can serve the order at no charge. Proof of personal service (Judicial Council form GV-200) is filed with the court.

Related Protective Orders That Restrict Firearms

A California carry licensee should understand that several other court orders independently prohibit firearm possession, each suspending the practical ability to carry while in effect.

Domestic Violence Restraining Orders (DVROs)

A person subject to a domestic violence protective order may not own, possess, purchase, or receive a firearm or ammunition while the order is in effect, and the court must order the respondent to relinquish firearms and ammunition. Relinquishment timing mirrors the GVRO process: immediately on law enforcement request, or within 24 hours otherwise, with a receipt filed within 48 hours. Family Code 6389 governs this prohibition, the relinquishment procedure, and the return of firearms (generally within five days after the relinquishment order expires, subject to exceptions). A temporary DVRO typically lasts until the hearing (commonly on the order of three weeks), and a DVRO issued after hearing can last up to five years. Federal law independently bars firearm possession by persons subject to a qualifying domestic-violence order under 18 U.S.C. 922(g)(8).

Criminal Protective Orders (CPOs)

Issued during or after criminal proceedings, a criminal protective order prohibits firearm and ammunition possession while in effect and can extend years beyond the underlying case. Proposition 63 (passed November 2016) strengthened relinquishment and compliance verification for persons convicted of firearm-prohibiting offenses, including requirements that the defendant show proof of sale or transfer of firearms and that probation officers and courts verify compliance.

Other Civil Protective Orders

The following also prohibit firearm and ammunition possession while in effect:

• Civil harassment restraining orders
• Workplace violence restraining orders
• Private postsecondary school violence restraining orders
• Elder or dependent adult abuse protective orders (except cases solely involving financial abuse)
• Emergency protective orders, including those issued for stalking

Impact on California Carry License Holders

A California carry license does not override a firearms-prohibiting order. A person subject to a GVRO, DVRO, criminal protective order, or other qualifying protective order is prohibited from possessing firearms, which suspends the ability to lawfully carry for the duration of the order. A protective order also bears on license eligibility itself: the carry-licensing scheme revised by SB 2 (2023) treats certain protective orders and disqualifying conduct as bars to issuance.

California carry licensees should separately be aware that SB 2 added a long list of "sensitive places" where a licensee may not carry, at Penal Code 26230 (effective January 1, 2024). That statute was challenged in May v. Bonta and Carralero v. Bonta. A federal district court issued a preliminary injunction on December 20, 2023, but the U.S. Court of Appeals for the Ninth Circuit reversed that injunction in large part, with its mandate taking effect January 23, 2025. As a result, about 20 of the 26 sensitive-place categories are currently enforceable. Six categories remain enjoined and are not being enforced pending further appeal: hospitals and medical facilities (26230(a)(7)), public transit (a)(8), permitted public gatherings and special events (a)(10), places of worship (a)(22), financial institutions (a)(23), and the default rule barring carry in privately owned commercial establishments open to the public unless a sign is posted (a)(26). The other categories, such as bars and businesses serving alcohol, playgrounds and youth centers, parks and athletic areas, casinos, stadiums and arenas, libraries, airports, amusement parks, zoos and museums, and law enforcement stations, are in effect. Verify the current enforceable status before relying on any particular location restriction.

State Records Systems

When a protective order issues, it is entered into state and federal databases used to identify prohibited persons. The California Department of Justice maintains firearm transaction and carry-license records under Penal Code 11106, where the Attorney General is required to keep and file copies of carry licenses and to maintain a registry of reported firearms; the system the DOJ operates for this purpose is the Automated Firearms System (AFS). Protective orders are tracked in the California Restraining and Protective Order System (CARPOS) and reported to the federal NCIC files.

The DOJ also operates the Armed and Prohibited Persons System (APPS), which cross-references firearm ownership records against prohibiting events, including GVROs and other protective orders, to identify people who possess firearms but are legally barred from doing so. APPS activity is reported by the DOJ in annual reports.

Recent Developments

• The GVRO petitioner pool was broadened in two stages beyond the original immediate family and law enforcement. AB 61 (Stats. 2019, ch. 725) added employers, qualifying coworkers, and qualifying school employees, effective January 1, 2020. AB 2870 (Stats. 2022, ch. 974) added roommates, dating partners, and additional family and co-parent relationships, effective January 1, 2023 (Penal Code 18150 and 18170).
• The DOJ has issued information bulletins updating how restraining orders and GVROs are tracked in CARPOS and reported to the NCIC.
• The sensitive-place limits under SB 2 and Penal Code 26230 were partly enjoined in December 2023, but the Ninth Circuit reversed that injunction in large part effective January 23, 2025. Twenty of the 26 categories are now enforceable and six remain enjoined. Verify the current status before relying on any contested provision.

Federal Context

In United States v. Rahimi, 602 U.S. 680 (2024), the U.S. Supreme Court upheld the federal firearm prohibition at 18 U.S.C. 922(g)(8) for persons subject to a qualifying domestic-violence restraining order, holding that the disability survives the historical-tradition test of New York State Rifle and Pistol Association v. Bruen, 597 U.S. 1 (2022). Rahimi is the controlling Supreme Court authority on firearm disabilities tied to domestic-violence findings, and it informs how courts evaluate state red-flag and protective-order frameworks that operate alongside the federal Section 922(g)(8) prohibitor.

Resources

• California Attorney General, Office of Gun Violence Prevention: oag.ca.gov/ogvp
• California Courts self-help guide on gun violence restraining orders: selfhelp.courts.ca.gov/GV-restraining-order
• GVRO petition forms (GV-100 series) through the Judicial Council of California
• Your local superior court self-help center for free filing assistance

This page is general information, not legal advice. Firearm and protective-order law in California changes frequently and several provisions are in active litigation. Confirm current requirements with the issuing court, the California Department of Justice, or a qualified California attorney before acting.

California State Preemption Overview for Concealed Carry

California does not have a broad state preemption law for firearms regulation. Instead, California's legal framework allows local jurisdictions significant authority to regulate concealed carry permits and firearms within their boundaries, while the state sets baseline requirements.

Local Authority Over Concealed Carry Permits

California state law establishes the framework for concealed carry weapon (CCW) permits under Penal Code sections 26150 through 26235, but gives local law enforcement control over the permit process. Then-Attorney General Kamala Harris made this statement in 2014; Penal Code Section 26150(a) now directs the sheriff to issue or renew a license upon proof of the statutory criteria in that section, which do not include a good cause showing:

"California state law currently requires individuals to show 'good cause' to carry a concealed weapon, but gives local law enforcement control over the permit process."

This means:

• County sheriffs and city police chiefs serve as the licensing authorities for CCW permits in their respective jurisdictions.
• Local licensing authorities have discretion in administering the application process, including conducting interviews, requiring psychological examinations, and setting local procedures.
• Different counties and cities may have varying standards and processes for issuing CCW permits, though they must comply with state law minimums.

State-Level Requirements (Baseline)

While local authorities administer the CCW process, the state sets certain mandatory requirements including:

• Background investigations to determine whether applicants are prohibited or disqualified persons (Penal Code § 26202)
• Training course requirements (Penal Code § 26165)
• Fingerprinting requirements (Penal Code § 26185)
• Minimum age of 21 years (as strengthened by SB 2, signed September 2023)
• Identification of specific handguns to be carried on the license (Penal Code §§ 26150, 26155, 26162)

SB 2 (2023) - Strengthened Public Carry Regulations

Signed by Governor Newsom on September 26, 2023, SB 2 (Portantino) significantly strengthened California's concealed carry framework by:

• Enhancing the existing licensing system to ensure those permitted to carry firearms in public are responsible and law-abiding individuals
• Setting a minimum age requirement of 21 years
• Requiring stronger firearm training requirements
• Identifying certain sensitive public places where concealed carry is prohibited (see Penal Code § 26230)

Sensitive Places Restrictions

California law designates certain locations where it is not legal to carry a firearm, even with a valid CCW permit. These sensitive place restrictions are outlined in Penal Code § 26230 and further detailed in DLE Information Bulletin 2025-DLE-06 issued by the California Department of Justice, which states that the restrictions for hospitals and medical facilities, public transit, public gatherings, places of worship, financial institutions, and privately owned commercial establishments open to the public remain subject to a preliminary injunction and are not currently enforced.

Local Variation in Practice

Because California lacks broad firearms preemption, local jurisdictions can and do vary in their approach:

• Some counties historically applied stricter "good cause" standards (e.g., San Diego County required demonstrating "a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm's way")
• Local licensing authorities may opt to require psychological examinations before issuing a CCW license
• Individual counties set their own fee schedules and administrative procedures

Non-Resident CCW Applicants

As of April 22, 2025, following a preliminary injunction issued by the U.S. District Court for the Central District of California on January 22, 2025 (California Rifle & Pistol Association, Inc., et al. v. Los Angeles County Sheriff's Department, et al., No. 2:23-cv-10169-SPG), non-California residents who are members of certain enumerated organizations may apply for CCW licenses under Penal Code sections 26150 through 26235. This is currently governed by court order rather than statute.

Key Takeaway

California's approach to concealed carry is characterized by state-established minimum standards with significant local discretion in administration and implementation. There is no broad state preemption that would prevent cities and counties from imposing additional local restrictions on firearms, making it essential for CCW holders to be aware of both state law and local regulations in the jurisdictions where they carry.

California Concealed Carry Reciprocity

Your out-of-state carry permit does not authorize you to carry a concealed or loaded firearm in California. The Department of Justice says so directly in its public firearms FAQ at oag.ca.gov/firearms/pubfaqs: "California law does not honor or recognize CCW licenses issued outside this state." It falls out of how the Penal Code is built: the carry offenses are written broadly, and the license-based exemptions are keyed to one chapter of California law. Non-residents can now apply directly under those licensing statutes.

The offenses that apply the moment you cross the line

Carrying a concealed firearm, Penal Code Section 25400. You commit this offense by carrying a concealable firearm concealed on your person, concealed within a vehicle under your control or direction, or by causing one to be carried concealed in a vehicle you occupy. A firearm carried openly in a belt holster is not concealed under this section.

Carrying a loaded firearm in public, Penal Code Section 25850. You commit this offense by carrying a loaded firearm on your person or in a vehicle in a public place or on a public street in an incorporated city or city and county, or in a public place or public street in a prohibited area of an unincorporated area. Section 25850(b) authorizes peace officers to examine any firearm so carried to determine whether it is loaded, and makes refusal probable cause for arrest.

Sections 25400(c) and 25850(c) grade on nearly the same ladder:

Open carry is separately criminalized. Section 26350 makes carrying an exposed and unloaded handgun in the listed public places and streets, on your person or in or on a vehicle, a misdemeanor under Section 26350(b)(1). Section 26350(b)(2) raises the maximum to one year in county jail, a fine up to one thousand dollars, or both, but only for the on-person prong at Section 26350(a)(1)(A), a public place or public street in an incorporated city or city and county, and only where the handgun and matching unexpended ammunition are in your immediate possession and you are not in lawful possession of the handgun. Section 26400 criminalizes an unloaded firearm that is not a handgun on a similar pattern: it reaches only carry upon your person outside a vehicle, in an incorporated city or city and county or in a public place or public street in a prohibited area of an unincorporated area of a county; and the Section 26400(b)(2) penalty applies to any violation of Section 26400(a), not to a single subparagraph.

Where an out-of-state permit runs out

The license exemptions to those offenses are written narrowly, which is why another state's permit does nothing for you.

Section 25655 provides that Section 25400 "does not apply to, or affect, the carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is authorized to carry that weapon in a concealed manner pursuant to Chapter 4 (commencing with Section 26150)."

Section 26010 provides that 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."

Chapter 4 is the California licensing chapter. Its licenses issue under Section 26150 from a county sheriff, under Section 26155 from a municipal police chief, and under Section 26170 to applicants deputized as peace officers under Section 830.6. A permit from another state is not authorization pursuant to Chapter 4, so it triggers neither exemption.

What a visitor can lawfully do without a California license

Transport under Section 25610, as narrowed by SB 2

Section 25610 provides that Section 25400 "shall not be construed to prohibit any citizen of the United States over 18 years of age who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person for any purpose specified in Sections 25510 to 25595, inclusive," provided the firearm is in one of the configurations the section then sets out: unloaded, inside a motor vehicle, and locked in the trunk or in a locked container in the vehicle; or "unloaded, carried by the person directly to or from any motor vehicle, and, while carrying the firearm, the firearm is contained within a locked container."

The purpose limitation is what changed. Section 25610 was amended by Stats. 2023, Ch. 249, Sec. 8 (SB 2), effective January 1, 2024. The Attorney General's page Transporting Firearms in California, at oag.ca.gov/firearms/travel, still describes Section 25610 as covering a handgun "carried directly to or from any motor vehicle for any lawful purpose". The operative text instead ties the exemption to the purposes specified in Sections 25510 to 25595, which sit in Article 3, Conditional Exemptions. The travel-relevant purposes include: Section 25525, directly between your residence, your place of business, and private property you own or lawfully possess; Section 25520, a recognized safety or hunter safety class or a recognized sporting event; Section 25540, a target range holding a regulatory or business license; Section 25550, a lawful camping activity, for personal protection at the campsite; and Section 25590, directly between two places where the carry is itself exempt.

Residence, place of business, and private property

Section 25605(a) provides that Section 25400 and the open-carry chapter beginning at Section 26350 do not apply to a United States citizen or legal resident over 18 who resides in or is temporarily within California, who is not within the excepted classes prescribed by Penal Code Section 29800 or 29900 or Welfare and Institutions Code Section 8100 or 8103, and who carries a handgun openly or concealed at their place of residence, place of business, or on private property they own or lawfully possess. Section 25605(b) adds that no permit is required to own, possess, or carry a handgun there.

That does not cover loaded carry on its own. Section 25605(c) states: "Nothing in this section shall be construed as affecting the application of Sections 25850 to 26055, inclusive." The loaded-carry provision you need is Section 26035, which keeps Section 25850 from reaching a lawful business owner or authorized agent with a loaded firearm at the place of business, or "any person in lawful possession of private property from having a loaded firearm on that property."

The phrase "temporarily within this state" in Sections 25605 and 25610 opens both to a visitor. Neither turns on a permit from anywhere.

Applying for a California license as a non-resident

Non-residents apply under the same statutes residents use, on a separate track.

Section 26150(b): apply to a county sheriff. For a non-California resident, the sheriff "shall issue or renew a license to that non-California resident, subject to the following conditions":

• You are not a disqualified person under Section 26202 and all comparable statutes and provisions of law of your state of residence.
• You are at least 21 and present clear evidence of identity, age, and state of residence: a valid driver's license from your home state, or a valid out-of-state identification card issued by the Department of Motor Vehicles.
• You attest under oath "that the jurisdiction in which they have applied is the primary location in California in which they intend to travel or spend time."
• You complete training meeting Section 26165(a)(1) through (5) and Section 26165(d).
• You complete live-fire exercises under Section 26165(a)(6) for each firearm you seek to carry. The licensing authority must approve your chosen course or suggest an alternative within 75 miles of your residence.
• You identify each firearm on the application by make, model, caliber, and serial number. Identifying one that cannot lawfully be carried or possessed in California is cause for denial as to that firearm.

Section 26155(b): apply to a city police chief. The parallel provision directs that the chief or other head of a municipal police department "shall issue or renew a license to that nonresident, subject to the following conditions" that track Section 26150(b), with small wording differences in paragraph (6).

Both sections were amended by Stats. 2025, Ch. 570 (AB 1078), effective January 1, 2026. That is the amendment that put non-resident licensing into the statutes themselves.

The resident tracks turn on a local connection. Section 26150(a)(3) accepts residence in the county or a city within it, or a principal place of employment or business there in which the applicant spends a substantial period of time. Section 26155(a)(3) is narrower: "The applicant is a resident of that city or city and county." Neither paragraph applies on the non-resident track, where the sworn attestation takes its place. If you are denied, Section 26206(c) puts the hearing in the applicant's county of residence or, "for nonresident applicants, the county in which the application was submitted."

License terms under Section 26220 and licensee conduct rules under Section 26200 are covered in the renewal and permit sections of this guide.

Guidance documents that predate the statute

California DOJ Information Bulletin 2025-DLE-10, issued in April 2025, advised licensing authorities on non-resident applications under a preliminary injunction in California Rifle & Pistol Association, Inc. v. Los Angeles County Sheriff's Department, and conditioned eligibility on proof of membership in named organizations.

Information Bulletin 2025-DLE-13, dated 09/12/2025, adds a second track. It advises licensing authorities that "effective August 21, 2025, members of the Firearms Policy Coalition (FPC) who are not residents of California are permitted to apply for CCW licenses in California." The basis is a permanent injunction rather than a preliminary one: on August 21, 2025 the United States District Court for the Southern District of California issued a permanent injunction in Hoffman et al. v. Bonta, No. 3:24-cv-664-CAB-MMP, "enjoining enforcement of California Penal Code sections 26150(a)(3) and 26155(a)(3) as applied to CCW applications submitted by members of the FPC who are not residents of California." The bulletin states the limit on its own reach: "The Hoffman Order is limited to non-residents who are FPC members, referred to herein as 'FPC Nonresident Applicants.'" Because Sections 26150(a)(3) and 26155(a)(3) do not apply to them, those applicants "may apply with the sheriff (per Penal Code section 26150) or chief of police (per Penal Code section 26155) of any California jurisdiction."

DLE-13 does not retire DLE-10. It says the Hoffman Order "does not supersede or otherwise affect" the January 22, 2025 preliminary injunction in the CRPA case, that members of the four organizations named in that injunction who apply under its terms "must comply with the terms of the CRPA preliminary injunction, as described in Division of Law Enforcement Information Bulletin 2025-DLE-10", and that an applicant who belongs to the FPC and to one or more of those organizations "may select either of the two processes to proceed under but not both."

Both bulletins predate the AB 1078 amendments that took effect January 1, 2026 and wrote non-resident licensing into Sections 26150(b) and 26155(b) with no membership condition.

What a California license does not get you

A Chapter 4 license exempts you from Sections 25400 and 25850. It does not lift the place restrictions in Section 26230(a), whose enumerated locations include courthouses, government buildings, medical facilities, campuses, parks and playgrounds, liquor-serving establishments, financial institutions, airports, stadiums, public transit, polling places, and both places of worship and privately owned commercial establishments open to the public absent posted permission. Section 26230(b) lets a licensee transport a firearm and ammunition in their vehicle when locked in a qualifying lock box, excluding paragraphs (21) and (28).

Federal provisions that do reach California

Interstate transportation, 18 U.S.C. Section 926A. Section 926A entitles a person who is not otherwise prohibited by chapter 44 from transporting, shipping, or receiving a firearm to transport it for any lawful purpose from a place where that person may lawfully possess and carry it to another such place, if during the transportation the firearm is unloaded and neither it nor any ammunition being transported is readily or directly accessible from the passenger compartment. In a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.

LEOSA, 18 U.S.C. Sections 926B and 926C. The California Attorney General's published summary describes the Law Enforcement Officers Safety Act as allowing a qualified law enforcement officer or qualified retired law enforcement officer carrying identification that meets specified criteria to carry a concealed firearm nationwide, notwithstanding most other state and local laws restricting concealed weapons. Its criteria for active officers include agency employment with statutory arrest powers, authorization to carry, current qualification, sobriety, and agency photographic identification. For retired officers they include retirement in good standing, the service or disability-retirement threshold, qualification within the past 12 months, and the specified credential. It also flags the limits: LEOSA does not authorize carrying machineguns, silencers, or destructive devices, and it "shall not be construed to supercede or limit the laws of any State that (1) allow private persons . . . to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base or park." The summary is at oag.ca.gov/firearms/leosanew.

California provisions keyed to what happens out of state

Out-of-state convictions. Section 29800(a)(1) makes it a felony to own, purchase, receive, or possess a firearm after conviction of a felony "under the laws of the United States, the State of California, or any other state, government, or country," or of an offense enumerated in Section 23515(a), (b), or (d). Sections 29800(c) through (e) carve out certain federal convictions and out-of-state nonviolent felonies relieved by vacatur, dismissal, or a governor's pardon on the conditions Sections 29800(d) and (e) set out. A conviction that left you eligible at home may still disqualify you here.

Ammunition. The Department of Justice ammunition FAQ at oag.ca.gov/firearms/apfaqs states, citing Penal Code Section 30314, that it is unlawful for a resident of California to bring or transport into the state ammunition acquired outside California unless it is first delivered to a licensed California ammunition vendor, unless exempt. As the Department states it, the restriction is keyed to California residency. The Department's offense-code table grades a violation of Section 30314(a) as a misdemeanor carrying 1 to 180 days in jail.

Before you travel

1. Read the operative text of Sections 25400, 25605, 25610, 25655, 25850, and 26010 at leginfo.legislature.ca.gov.
2. If you want a California license, ask the sheriff or police chief for your primary California destination which forms they use under Sections 26150(b) and 26155(b), and check oag.ca.gov/firearms for current bulletins.
3. If your route only crosses California, check your setup against both Section 25610 and 18 U.S.C. Section 926A, not either alone.

California CCW Resources

Authoritative Government Sources

• California Department of Justice, Bureau of Firearms - https://oag.ca.gov/firearms - the controlling state-level source for CCW issuance rules, the DROS process, the Roster of Handguns Certified for Sale, and DOJ-certified instructor lists.
• CCW reciprocity - California does NOT recognize any other state's CCW permit. There is no reciprocity inbound. See RECIPROCITY for the controlling rule.
• DOJ-DLE Information Bulletins - issued by the DOJ Division of Law Enforcement; the bulletins set out enforcement guidance and capture the current status of injunctive proceedings affecting the Section 26230 sensitive-places list. Bulletin 2025-DLE-06 lists the six Section 26230(a) subdivisions currently enjoined under Wolford v. Lopez.

Statewide Framework (Post-SB 2, effective Jan 1, 2024)

California is a SHALL-ISSUE state per Penal Code Section 26202. The issuing authority (sheriff of the applicant's county of residence under Section 26150, or chief of municipal police under Section 26155) must issue a CCW license to any applicant who:

1. Is at least 21 years of age (Penal Code Section 26150(a)(1) / Section 26155(a)(1))
2. Is not within any of the ten enumerated disqualifying categories of Section 26202 (federal/state prohibited person, two-or-more DUI convictions within 10 years, prior conviction within 10 years for offenses listed at Penal Code Sections 422.6/422.7/422.75/29805, commitment/incarceration/supervision for mental-health/alcohol/substance issues within 5 years, etc.)
3. Has completed the Penal Code Section 26165 training (16 hours for a new license, 8 hours for renewal, including live-fire qualification) taught by a CCW Program DOJ Certified Instructor
4. Is the recorded owner (in the DOJ Automated Firearms System) of the pistol(s) for which the license will be issued (Section 26150(a)(5) / Section 26155(a)(5))

The issuing authority has 120 days from receipt of a complete application to issue or deny (Penal Code Section 26205), or 30 days after receipt of the DOJ background check, whichever is later.

Fees

• State application fee: capped by Penal Code Section 26190; the licensing authority may recover actual processing, issuance, and enforcement costs. Real-world combined cost typically runs $400-$700+ depending on county, training cost, and psychological-assessment fee (Section 26190(e)).
• DROS: approximately $37.19 per firearm purchase transaction (set by DOJ regulation; verify at oag.ca.gov/firearms).
• Firearm Safety Certificate (FSC): $25 per test, valid 5 years (Penal Code Sections 31610-31670).
• 10-day waiting period: applies to every firearm purchase (Penal Code Section 28220 / Section 26815); no CCW-holder exemption.

Specific county fee schedules vary. Contact your county sheriff's office or the city police chief (in cities that issue) for the local breakdown.

Common State-Level Restrictions and Disqualifications

• Felons: Penal Code Section 29800(a)(1) prohibits firearm possession by anyone convicted of a felony. A felony conviction is a categorical disqualifier from CCW issuance under Section 26202(a)(1).
• Domestic-violence misdemeanants: 18 U.S.C. Section 922(g)(9) (federal Lautenberg Amendment) is a lifetime federal prohibition. State law parallel disabilities apply at Penal Code Section 29805 with lookback periods.
• DUI history: two or more DUI convictions within the preceding 10 years is a disqualifier under Section 26202(a)(2).
• Mental-health holds: commitment, incarceration, or court-ordered supervision for mental-health, alcohol, or substance issues within the preceding 5 years is a disqualifier under Section 26202(a)(7).
• Restraining orders: subject to a qualifying restraining or protective order is a categorical disqualifier (Section 26202; Family Code Section 6218 / Section 6389).

What Listed on a CCW

• Only HANDGUNS may be listed on a California CCW. No long guns.
• The applicant must be the recorded owner of each listed handgun in the DOJ Automated Firearms System.
• Adding, removing, or modifying listed firearms typically requires a license amendment (Penal Code Section 26215). Amendment fees vary by county.

Carry Conditions and Common License-Condition Categories

Penal Code Section 26200 authorizes the issuing authority to impose reasonable restrictions or conditions on a CCW license. Common license-condition categories that appear across many California issuing jurisdictions include:

• Carrying the license and valid identification at all times when carrying concealed (Penal Code Section 26175 / Section 26185)
• Producing the license on demand by any peace officer (Section 26185)
• Reporting any law-enforcement contact while armed within a defined window (timing varies; commonly 3-10 business days)
• Reporting any change of address to the licensing authority in writing within 10 days (Penal Code Section 26210(b))
• Reporting any arrest or restraining order
• Reporting a lost or stolen permit

Specific timing rules and required reporting channels vary by jurisdiction. The issuing authority's published conditions and the CCW license itself control. Contact your issuing agency for the operative conditions list.

Range Qualification Standards

The Penal Code Section 26165 training course must include a live-fire shooting demonstration. The specific qualification standard (round count, distance, time limits, minimum passing score) is set by the DOJ-certified instructor and the issuing authority within DOJ-approved parameters. Common formats include a multi-stage course from 3-15 yards with reload requirements. The exact format varies by instructor and county.

Ongoing Obligations and Updates

• Renewal: every 2 years (Penal Code Section 26202(c)). 8-hour renewal training course required.
• Address change: notify the issuing authority in writing within 10 days (Penal Code Section 26210(b)).
• Lost/stolen CCW: report to issuing authority within the timeframe specified by license conditions (typically 10 business days).
• Law-enforcement contact while armed: reporting requirements vary by issuing jurisdiction.

Application Process Steps (General Framework)

The application process varies by issuing jurisdiction but generally includes:

1. Submit an application through the county sheriff or city police chief (many California jurisdictions use the Permitium online portal).
2. Complete the Penal Code Section 26165 16-hour training course from a CCW Program DOJ Certified Instructor.
3. Pass the live-fire range qualification.
4. Complete fingerprinting (Live Scan).
5. Submit to the DOJ background check.
6. Sit for any required interview with the issuing authority.
7. Pay fees (state cost-recovery + training + Live Scan + any psychological-assessment fee).
8. Issuing authority decides within 120 days of a complete application (Penal Code Section 26205).

Non-U.S. Citizens

California's CCW eligibility framework at Penal Code Section 26202 does not impose a citizenship requirement beyond what federal law (18 U.S.C. Section 922(g)(5)) and state law independently require for firearm possession. Lawful permanent residents and otherwise-lawfully-present non-citizens who are not federally prohibited may apply.

Where to Find Current Information

Always verify against the controlling sources:

• California DOJ Bureau of Firearms - https://oag.ca.gov/firearms - the controlling state source.
• Your issuing agency - the county sheriff or city police chief publishes the operative application process, fee schedule, training requirements, and license conditions for that jurisdiction.
• California Legislative Information - https://leginfo.legislature.ca.gov/ - statute text and recent amendments.
• DOJ-DLE Information Bulletins - latest enforcement guidance.

Key Statute References

• Penal Code Section 25400 - Carrying a concealed firearm without a CCW (wobbler; misdemeanor or felony)
• Penal Code Section 25850 - Carrying a loaded firearm in public
• Penal Code Section 26150 / Section 26155 - CCW issuing authorities (sheriff / municipal police chief)
• Penal Code Section 26165 - Training course requirements
• Penal Code Section 26175 / Section 26185 - License carry / production-on-demand
• Penal Code Section 26190 - Fees
• Penal Code Section 26200 - License conditions
• Penal Code Section 26202 - Disqualified-person standard (post-SB 2)
• Penal Code Section 26205 - 120-day decision window
• Penal Code Section 26230 - Sensitive-places list (subject to Wolford v. Lopez injunctions)
• Penal Code Section 28220 / Section 26815 - DROS + 10-day waiting period
• Penal Code Section 29800(a)(1) - Felon in possession
• Penal Code Sections 31610-31670 - Firearm Safety Certificate (FSC)

California Concealed Carry Laws - Frequently Asked Questions

What is the legal framework for concealed carry in California?

California regulates concealed carry weapons (CCW) permits under Penal Code sections 26150 through 26235. Post-SB 2 (eff. Jan 1, 2024), California is a SHALL-ISSUE state. Local issuing authorities (county sheriffs and city police chiefs) must issue a CCW license to any applicant who meets the eligibility criteria and is not within any of the ten enumerated disqualifying categories of Penal Code Section 26202. The pre-Bruen "may-issue" / "good cause" discretionary framework was struck down by N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and statutorily replaced by SB 2.

What are the basic requirements to obtain a CCW permit in California?

Per Penal Code Section 26202 (the post-SB 2 disqualified-person standard, eff. Jan 1, 2024):

• Minimum age: 21 years of age
• Not a federal or California prohibited person (Section 26202(a)(1))
• No prior conviction within 10 years for offenses listed at Penal Code Sections 422.6, 422.7, 422.75, or 29805 (Section 26202(a)(4))
• No two-or-more DUI convictions within the preceding 10 years (Section 26202(a)(2))
• No commitment, incarceration, or court-ordered supervision for mental-health, alcohol, or substance issues within the preceding 5 years (Section 26202(a)(7))
• No qualifying restraining or protective order (Section 26202; Family Code Section 6218/6389)
• Recorded owner (in the DOJ Automated Firearms System) of each handgun listed on the license (Section 26150(a)(5) / Section 26155(a)(5))
• Completion of the Section 26165 training course (16 hours for a new license, 8 hours for renewal, including live-fire qualification) taught by a CCW Program DOJ Certified Instructor
• Background investigation including Live Scan fingerprinting and DOJ review
• Residency in the county (Section 26150) or principal place of employment in the city (Section 26155) where the application is filed

The pre-Bruen "good cause" and "good moral character" discretionary requirements were REPLACED by Section 26202; they are no longer the operative test.

What training is required for a CCW permit?

Under Penal Code section 26165, applicants must complete a training course that includes:

• Firearm safety instruction
• Legal aspects of carrying a concealed weapon
• Live-fire shooting exercises for each handgun the applicant intends to carry
• Training must be taught and supervised by firearms instructors certified by the Department of Justice pursuant to Penal Code Section 31635, or in a manner prescribed by regulation (Penal Code Section 26165(a)(4))

SB 2 (2023) enhanced training requirements for CCW permit holders.

What did SB 2 (2023) change about California's concealed carry laws?

SB 2 (Portantino), signed by Governor Newsom on September 26, 2023, made several significant changes:

• Set a minimum age of 21 for CCW permits statewide
• Strengthened firearm training requirements
• Identified certain sensitive public places where carrying concealed firearms is prohibited
• Enhanced the licensing system to ensure those permitted to carry firearms in public are responsible and law-abiding individuals
• Designed to be consistent with the U.S. Supreme Court's guidance in the Bruen decision

What are the "sensitive places" where concealed carry is restricted?

SB 2 identified certain sensitive public places where carrying firearms is prohibited. Specific locations are outlined in Penal Code section 26230. Additional guidance is available through the California Department of Justice (see DLE Information Bulletin 2025-DLE-06 at https://oag.ca.gov/system/files/media/2025-dle-06.pdf).

How much does a CCW permit cost?

Fees vary by county. As an example, Plumas County charges:

Initial CCW Application:

• $93.00 to PCSO (check or money order) for DOJ fees
• $20.00 Live Scan fingerprint fee (paid at time of service)
• $100.00 to PCSO ($20.00 down, $80.00 balance due upon approval)

Renewal CCW Application:

• $25.00 processing fee to PCSO
• $52.00 to DOJ for DOJ fees

How long does the CCW application process take?

Penal Code Section 26205 sets the deadline at 120 days after a complete application is submitted, or 30 days after receipt of the DOJ background check, whichever is later. Real-world processing varies by county and depends on Live Scan availability, the issuing authority's backlog, and (in some counties) the psychological-assessment scheduling under Section 26190(e).

Can non-California residents obtain a CCW permit?

As of April 22, 2025, non-California residents may be eligible to apply for a CCW license under specific conditions resulting from a preliminary injunction issued by the U.S. District Court for the Central District of California on January 22, 2025 in California Rifle & Pistol Association, Inc., et al. v. Los Angeles County Sheriff's Department, et al., No. 2:23-cv-10169-SPG.

Non-resident applicants must meet both of the following criteria:

1. Membership in one of four enumerated organizations:
   • California Rifle & Pistol Association, Incorporated
   • Gun Owners of America, Inc.
   • Gun Owners of California, Inc.
   • The Second Amendment Foundation
2. Not otherwise prohibited from possessing firearms under federal or California law

Additional non-resident requirements include:

• Using the BOF 4012 application form (or online portal) and the supplemental BOF 4013 form
• Presenting a valid driver's license or ID from their state of residence
• Attesting under oath that they intend to spend time within the subsequent 12 months in the jurisdiction where they are applying
• Completing a background investigation (interview may be conducted virtually via video and audio)
• Completing required training courses and live-fire exercises (live-fire courses must be within 75 miles of the applicant's residence if suggested by the licensing authority)
• Submitting fingerprints via FBI Form FD-258 fingerprint card if Live Scan is not available
• A psychological examination may be required at the applicant's expense, depending on the licensing authority

What firearms can be listed on a CCW permit?

Applicants must identify each handgun they intend to carry by make, model, caliber, and serial number. Only handguns listed on the license may be validly carried in California. Firearms that cannot lawfully be carried in California (e.g., assault weapons under Penal Code sections 30510, 30515) shall be cause for denial.

For non-resident applicants, Penal Code section 26150(a)(5), section 26155(a)(5), and section 26162 (California roster requirements) do not apply, but the applicant is responsible for ensuring any handgun carried is legal to possess in California in its current configuration.

What is the "good cause" requirement and is it still in effect?

Historically, California required CCW applicants to demonstrate "good cause" beyond a mere desire to carry a firearm. The "good cause" requirement is no longer in effect. It was struck down by N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), and statutorily replaced by SB 2 (2023), eff. Jan 1, 2024. California is now a SHALL-ISSUE state per Penal Code Section 26202. The pre-Bruen Peruta v. County of San Diego (2014) litigation is now of historical interest only.

Who determines whether a person is disqualified from obtaining a CCW?

Disqualification is determined under Penal Code section 26202. All California statutes and provisions of law set forth in Penal Code section 26202(a) apply. For non-resident applicants, comparable statutes from the applicant's state of residence are also considered.

What other recent gun safety laws affect CCW holders?

Governor Newsom signed multiple gun safety measures on September 26, 2023, including:

• AB 28 (Gabriel): 11% excise tax on firearms and ammunition, estimated to generate $160 million annually for school safety and violence prevention
• SB 452 (Blakespear): Requires microstamping technology on semiautomatic pistols sold in California by 2028
• AB 455 (Quirk-Silva/Papan): Allows courts to prohibit persons in mental health diversion programs from purchasing or possessing firearms
• AB 725 (Lowenthal): Expands the definition of a firearm to include frames, receivers, and firearm precursor parts for lost/stolen reporting purposes
• AB 732 (Mike Fong): Strengthens the process for removing firearms from prohibited persons at the time of criminal conviction

Is there a waiting period to take delivery of a firearm I buy?

Yes. California Penal Code Section 26815 imposes a 10-day waiting period after the Dealer Record of Sale (DROS) check is initiated before delivery. The waiting period applies to every firearm transaction at every California FFL, regardless of whether the buyer holds a CCW, an FSC, or any other state credential. There is no CCW-holder exemption from the 10-day wait.

Do I need a Firearm Safety Certificate (FSC) to buy a firearm?

Yes for most buyers. California Penal Code Sections 31610-31670 require a Firearm Safety Certificate (FSC) for the purchase of any firearm (handgun or long gun). The FSC is obtained by passing a 30-question written test administered by a DOJ Certified Instructor; the certificate is valid for 5 years. Limited exemptions exist (active LEOs, certain qualifying state-licensed credentials). The current DOJ fee for the FSC test is $25; CCW holders are exempt from the FSC requirement under Penal Code section 31700(a)(9).

Does my CCW exempt me from the background check on every firearm purchase?

No. California is one of the states whose CCW is NOT listed on the ATF Brady Permit Chart, so federal NICS exemption under 18 U.S.C. Section 922(t)(3) does not apply. Independently, California state law requires the Dealer Record of Sale (DROS) state background check on every firearm transaction at a California FFL (Penal Code Section 28220). The DROS check and 10-day wait apply to every transaction; CCW holders are not exempt. The current DROS fee is approximately $37.19 (set by DOJ regulation and adjusted periodically).

What does the DROS process cost?

The current Dealer Record of Sale fee is approximately $37.19 per transaction (set by DOJ regulation; verify the current amount at oag.ca.gov/firearms before relying). The FFL collects this in addition to any FFL transfer fee. Combined with the FSC (one-time $25 every 5 years) and the 10-day waiting period, the typical California handgun purchase has these layered state-level requirements on top of federal NICS.

Where can I find more information?

• California Department of Justice: https://oag.ca.gov
• California DOJ Bureau of Firearms: https://oag.ca.gov/firearms
• Penal Code sections 26150-26235 (CCW licensing provisions)
• Penal Code section 26165 (training requirements)
• Penal Code section 26202 (disqualification criteria)
• Penal Code section 26230 (sensitive places restrictions)
• Penal Code sections 28220, 26815 (DROS + 10-day waiting period)
• Penal Code sections 31610-31670 (Firearm Safety Certificate)
• Contact your local county sheriff's office or police chief for jurisdiction-specific application procedures and requirements

<!-- federal-context-block:added-2026-05-20 -->

Federal context

Lautenberg Amendment - 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence (MCDV) - any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person - triggers a federal lifetime firearm-possession bar that is independent of state law. The federal bar applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. The 2024 U.S. Supreme Court decision in United States v. Rahimi reaffirmed that federal firearm disabilities tied to domestic-violence findings remain constitutional under the Second Amendment.

Other California Firearm Rules a CCW Student Should Know

California has several unique firearm rules that don't fit cleanly into other sections of this guide. None of them are CCW rules in the strict sense, but every one of them affects what a CCW holder can buy, sell, transfer, or possess in the state. If you are training students in California, expect questions on every topic below.

This section covers the rules that govern firearm and ammunition purchases, dealer licensing, the handgun roster, lost or stolen reporting, and minor possession. Restrictions on assault weapons, large-capacity magazines, and NFA items are summarized in this guide's NFA Items and Weapon Restrictions section. Storage requirements at home are covered in the Storage section. Open-carry restrictions are covered separately in the Open Carry section.

The 10-Day Waiting Period

California imposes a mandatory 10-day waiting period before a firearm dealer can deliver a firearm to a purchaser. This applies to every retail sale, every Private Party Transfer, and every reclaimed pawn. The waiting period exists so the California Department of Justice can run a firearm-eligibility background check against state and federal prohibited-person databases.

The 10 days run from the date the Dealer Record of Sale (DROS) is submitted to the DOJ. There is no walk-out-with-it exception for permit holders, prior gun owners, or any retail buyer. (Cal. Penal Code Section 26815.)

A handful of narrow exemptions exist, primarily for peace officers, returning a pawned firearm to its owner where DROS still applies, and certain replacement-firearm scenarios. Outside those, plan for the full 10-day delay.

If a CCW student asks "I just bought a new pistol, can I carry it home today?", the answer is no. They take delivery in 10 days, and only then.

Who Can Sell Firearms in California

Only a licensed California firearm dealer holding a valid Certificate of Eligibility (COE) is authorized to engage in retail firearm sales. (Cal. Penal Code Section 26700.) That license requires:

• A valid federal firearm license (FFL Type 01, 02, 07, 08, 09, 10, or 11)
• Any regulatory or business license required by local government
• A valid Seller's Permit issued by the California Department of Tax and Fee Administration
• A valid Firearm and Ammunition Excise Tax Certificate of Registration
• A Certificate of Eligibility issued by the DOJ
• A license granted by the local licensing authority of the city or county
• A valid listing on the DOJ Centralized List of Firearm Dealers

A federal FFL alone is not enough to sell firearms in California. A federally licensed dealer who is not on the DOJ Centralized List is prohibited from conducting retail firearm sales in the state.

Each employee who handles, sells, or delivers firearms or ammunition must obtain their own COE from the DOJ, renewed annually.

The same chapter governs ammunition vendors. Effective January 1, 2018, anyone selling more than 500 rounds of ammunition in any 30-day period needs an Ammunition Vendor License. Firearm dealers licensed under Cal. Penal Code Sections 26700 through 26915 are automatically deemed ammunition vendors. (Cal. Penal Code Section 30342.)

Universal Background Checks: Private Party Transfers

It is illegal in California for a non-dealer to transfer a firearm directly to another non-dealer. All private firearm transfers must go through a licensed California firearm dealer under what California calls a Private Party Transfer (PPT). (Cal. Penal Code Section 27545.)

The PPT procedure:

1. The buyer and seller meet in person at a licensed California firearm dealer.
2. They complete the DROS document together.
3. The dealer takes possession of the firearm during the mandatory 10-day waiting period.
4. The DOJ runs the background check on the buyer.
5. After 10 days, if the buyer is eligible and the buyer has met the other purchase requirements, the dealer delivers the firearm.

The dealer may charge up to $10 per firearm for conducting the PPT, plus the applicable state DROS fees. (Cal. Penal Code Section 28050.)

Selling or transferring a firearm without going through a dealer is punishable as a misdemeanor or felony. (Cal. Penal Code Section 27590.)

Limited Family Exemption

The "infrequent" transfer of firearms between immediate family members is exempt from the PPT requirement. For this purpose, "immediate family member" means parent and child, or grandparent and grandchild. Brothers and sisters are not included. Aunts, uncles, cousins, and in-laws are not included. (Cal. Penal Code Section 16720.)

Even with the family exemption:

• The transferee must hold a valid Firearm Safety Certificate before taking possession.
• Within 30 days of the transfer, the transferee must submit a "Report of Operation of Law or Intra-Familial Firearm Transaction" to the DOJ.

If a CCW student asks whether they can give their adult son a handgun without going through a dealer, the answer is yes once, infrequently, with FSC, and with the 30-day DOJ report. If they ask the same question about a brother, the answer is no without a PPT.

What You Need to Buy a Firearm in California

A retail firearm purchase requires several things at the counter on top of the 10-day wait. The exact bundle varies by transaction type. The full matrix is in the table below.

Proof of Residency

To purchase a handgun in California, you must present documentation that you are a California resident. The address must match the address on the DROS or on the purchaser's California driver license or ID. Acceptable documentation:

• A utility bill from within the last three months
• A residential lease
• A property deed
• Military permanent duty station orders showing assignment within California

(Cal. Penal Code Section 26845.)

Firearm Safety Certificate (FSC)

To purchase or acquire a firearm, you must hold a valid Firearm Safety Certificate. The FSC is issued after you score at least 75% on an objective written test on California firearm laws and safety. The test is administered by DOJ Certified Instructors, often at firearm dealers. The certificate is valid for five years. The fee is up to $25. A replacement FSC costs $5. (Cal. Penal Code Sections 31610 to 31670.)

The FSC is required for retail sales, Private Party Transfers, and intrafamilial transfers. Pawn returns are exempt.

Safe Handling Demonstration

Before taking delivery of any firearm, the purchaser must perform a safe handling demonstration with that specific firearm in front of a DOJ Certified Instructor. The demonstration takes place between the time the DROS is submitted and the time the firearm is delivered. (Cal. Penal Code Section 26850.) Pawn returns and intrafamilial transfers are exempt from this requirement.

Firearm Safety Device

Every firearm purchased in California must be accompanied by a DOJ-certified firearm safety device (typically a trigger lock, cable lock, or lockbox), or the purchaser must sign an affidavit declaring ownership of a DOJ-approved gun safe and present a receipt or other proof of purchase. (Cal. Penal Code Sections 23635 to 23690.) Pawn returns and intrafamilial transfers are exempt.

Roster of Handguns Certified for Sale

A licensed California dealer may not sell a handgun to the public unless that exact make and model appears on the DOJ's Roster of Handguns Certified for Sale in California. (Cal. Penal Code Section 32000 et seq.) To get on the roster, a handgun model must pass firing and drop safety tests at a certified laboratory and meet the requirements in Cal. Penal Code Section 31910.

The roster does not apply to:

• Private Party Transfers
• Intrafamilial transfers
• Curio and relic handguns
• Certain single-action revolvers
• Pawn or consignment returns

This is why a Glock 17 Gen 5 may be available used through a PPT but not on the dealer floor as new retail. The roster is updated periodically. The current list lives at oag.ca.gov/firearms/certified-handguns/search.

One-Handgun-Per-30-Days Limit

You cannot apply to purchase more than one handgun, or more than one semiautomatic centerfire rifle, in any 30-day period. The limit covers retail purchases. Pawn returns, intrafamilial transfers, and Private Party Transfers are exempt. (Cal. Penal Code Sections 27535 and 27540.)

Quick Reference: What Applies to What

Age Restrictions on Firearm Purchase and Possession

The purchase rules are stricter than many CCW students expect.

• All firearm purchases: Generally must be at least 21 years of age. (Cal. Penal Code Sections 27505 and 27510.)
• Semiautomatic centerfire rifle: As of January 1, 2020, must be at least 21 years of age to purchase, with a law-enforcement or military exemption. The purchaser must also be a California resident with a valid California driver license or DMV-issued ID.
• Long guns (other than semiautomatic centerfire rifles): Generally 21 minimum at retail.

A CCW license requires age 21 separately under the licensing chapter (see the Permit Basics section).

Minor Possession of a Handgun

It is unlawful for a minor to possess a handgun unless one of these conditions is met (Cal. Penal Code Sections 29610 and 29615):

• The minor is accompanied by a parent or legal guardian and is actively engaged in a lawful recreational sporting, ranching, or hunting activity, or a motion picture or television production.
• The minor is accompanied by a responsible adult, has prior written consent of a parent or legal guardian, and is involved in one of those activities.
• The minor is at least 16 years of age, has prior written consent of a parent or legal guardian, and is involved in one of those activities.

Minor Possession of Live Ammunition

A minor may not possess live ammunition unless (Cal. Penal Code Sections 29650 and 29655):

• The minor has written consent of a parent or legal guardian, or
• The minor is accompanied by a parent or legal guardian, or
• The minor is actively engaged in (or going to or from) a lawful recreational sport including competitive shooting, agricultural, ranching, or hunting activity.

These rules cover the typical "junior hunter" and "junior shooter" scenarios. They do not authorize a minor to walk around with a loaded long gun in public.

Ammunition Purchase Requirements

California is one of the few states that requires a point-of-sale eligibility check for every ammunition purchase. (Cal. Penal Code Sections 30352 and 30370.)

Before a licensed ammunition vendor can complete a sale, the buyer's eligibility must be verified electronically through the DOJ. There are four ways the DOJ confirms eligibility:

1. The buyer holds a current Certificate of Eligibility (COE) from the DOJ.
2. The buyer's information matches an entry in the Automated Firearms System and the buyer is not in the Armed and Prohibited Persons file. This is the Standard Ammunition Eligibility Check.
3. The buyer is not prohibited based on a comprehensive DOJ records review. This is the Basic Ammunition Eligibility Check and requires a manual review by a DOJ analyst, which can take several days.
4. The buyer was approved by the DOJ to receive a firearm in the same transaction at the same vendor (firearm dealer only). The firearm-eligibility check covers the ammo.

Ammunition vendors must be licensed by the DOJ. Each vendor employee handling ammunition must hold a current COE. (Cal. Penal Code Section 30342.)

A CCW holder is not exempt from the ammunition eligibility check. The CCW license itself does not satisfy the DOJ verification requirement at point of sale. Plan for the check, and bring valid California ID.

Reporting Lost or Stolen Firearms

California requires every firearm owner to report the loss or theft of a firearm to local law enforcement within five days of when the owner knew or reasonably should have known the firearm was lost or stolen. (Cal. Penal Code Section 25250.) This requirement was enacted as part of Proposition 63 (the Safety for All Act of 2016).

The report goes to the local law enforcement agency in the jurisdiction where the loss or theft occurred, not to the DOJ directly.

Two reasons this matters for a CCW student:

1. Failure to report a lost or stolen firearm under Section 25250 is a disqualifying factor for CCW license issuance and renewal. The standard license application (BOF 4012) explicitly asks whether the applicant has failed to report a firearm loss as required by Section 25250 or any other law.
2. The replacement-firearm exemption to the one-handgun-per-30-days limit applies only when the owner properly reported the loss or theft under Section 25250 before applying to purchase the replacement.

Tell your students: if a firearm goes missing, file the report. Same week. Get a copy of the police report.

Transfer Verification: CFLC

When a California FFL ships a firearm to or receives a firearm from another California FFL, the sending FFL must obtain a California Firearms Licensee Check (CFLC) verification number from the DOJ before delivery. (Cal. Penal Code Section 27555.) This is on the dealer side, not the consumer side, but it explains why out-of-state internet-purchased firearms still require an FFL transfer through a California dealer (and the 10-day wait, FSC, safe-handling demonstration, and roster check that go with it).

New Resident Reporting

If you move to California and bring firearms with you, you must either report your firearms to the DOJ or sell or transfer them in compliance with California law within 60 days of bringing them into the state. (Cal. Penal Code Section 27560.)

The form is the New Resident Report of Firearm Ownership (BOF 4010A). The fee is $19 per submission and the form may be filed online at cfars.doj.ca.gov.

The new-resident report does not legalize a firearm that is not California-legal. An out-of-state assault weapon, a high-capacity magazine, or a roster-banned handgun does not become legal in California by submitting BOF 4010A. New residents with firearms that are not California-legal must dispose of those items in accordance with California law before the 60-day deadline. (See the NFA Items and Weapon Restrictions section for the assault-weapon and large-capacity-magazine framework, and Cal. Penal Code Sections 30510 to 30680.)

Personal Firearms Eligibility Check

Anyone may obtain a determination from the DOJ as to whether they are eligible to possess firearms under California law. The form is the Personal Firearms Eligibility Check (BOF 116). The fee is $20. (Cal. Penal Code Section 30105.)

The check reviews California records only. It does not address federal disqualifications under 18 U.S.C. Section 922(g). Students who are uncertain about their eligibility (prior arrest, unclear disposition on a domestic-violence misdemeanor, mental-health hold history) should run the BOF 116 well before submitting a CCW application or attempting to purchase a firearm.

Identification Marks: Don't Touch Them

It is illegal for any person to obliterate or alter the identification marks on a firearm, including the make, model, serial number, or any distinguishing mark assigned by the DOJ. (Cal. Penal Code Section 23900.) It is also illegal to buy, sell, or possess a firearm knowing its identification has been obliterated or altered. (Cal. Penal Code Section 23920.)

This applies even to private collectors and to firearms acquired before California enacted the rule. If a serial number is obscured by wear, document the original number with photographs and a dealer affidavit before refinishing.

Cross-References to Other Sections

• Assault weapons, large-capacity magazines, machine guns, silencers, short-barreled rifles, short-barreled shotguns, destructive devices: see the NFA Items and Weapon Restrictions section. The assault-weapon framework lives at Cal. Penal Code Sections 30510 and 30515. The large-capacity-magazine prohibition lives at Cal. Penal Code Section 32310.
• Open carry, including the loaded-firearm rule under Section 25850 and the unloaded-handgun rule under Section 26350: see the Open Carry section.
• Vehicle transport without a CCW: see the Transport section.
• Storage at home, including the locked-container and child-access rules under Section 25100 et seq.: see the Storage section.
• Prohibited persons: see the Overview section.
• Sensitive places (schools, courthouses, government buildings): see the Prohibited Places section.
• CCW application, training, fees, and renewal: see the Application Process, Training Requirements, Fees, and Renewal Process sections.

Key Statutes Reference

Ambiguities and Notes

• The Roster of Handguns Certified for Sale changes over time as makes and models age off (manufacturers must pay annual fees) and as new models are tested. The current roster controls. Confirm a specific model on the DOJ website at oag.ca.gov/firearms/certified-handguns/search before relying on its retail availability.
• The "infrequent" qualifier in the intrafamilial-transfer exemption (Cal. Penal Code Section 16720) is not defined by a numeric threshold in the statute. Repeated transfers between the same family members may forfeit the exemption.
• Cal. Penal Code Section 25250 states the 5-day reporting requirement, but the operative trigger is when the owner "knew or reasonably should have known" the firearm was lost or stolen. Document when you discovered the loss and report promptly.
• Background-check approval response times for the Basic Ammunition Eligibility Check (Cal. Penal Code Section 30370) can take "several days" because the DOJ analyst review is manual. The Standard Ammunition Eligibility Check (matching an entry in the Automated Firearms System) is electronic and immediate.
• These rules continue to evolve. The DOJ Bureau of Firearms publishes Information Bulletins when laws change. Confirm the current state of the law at oag.ca.gov/firearms before relying on this section for a transaction.

Source Information

• California Office of the Attorney General, Office of Gun Violence Prevention. Overview of Key California Firearms Laws. Source: oag.ca.gov/ogvp/overview-firearm-law. Last scraped: 2026-03-07.
• California Office of the Attorney General, Firearms. Public Frequently Asked Questions. Source: oag.ca.gov/firearms/pubfaqs. Last scraped: 2026-03-07.
• California Office of the Attorney General. California Firearms Laws Summary 2021. Source: oag.ca.gov/system/files/media/cfl2021.pdf. Last scraped: 2026-03-07.
• California Office of the Attorney General, Firearms. Becoming a Firearm Dealer and/or Ammunition Vendor in California. Source: oag.ca.gov/firearms/dealer-vendor. Last scraped: 2026-03-07.
• California Office of the Attorney General, Firearms. Handguns Certified for Sale. Source: oag.ca.gov/firearms/certified-handguns/search. Last scraped: 2026-03-07.
• California Office of the Attorney General, Firearms. Firearm Safety Certificate Program FAQs. Source: oag.ca.gov/firearms/fscpfaqs. Last scraped: 2026-03-07.
• California Office of the Attorney General, Office of Gun Violence Prevention. Assault Weapons Laws (California and Federal Law). Source: oag.ca.gov/ogvp/fed-assault-weapons-ban. Last scraped: 2026-03-07.
• California Office of the Attorney General, Office of Gun Violence Prevention. New Firearm/Weapon Laws. Source: oag.ca.gov/ogvp/new-firearm-law. Last scraped: 2026-03-07.
• California Legislative Analyst's Office. Proposition 63 (2016) Ballot Analysis (Safety for All Act of 2016, Section 25250 5-day reporting requirement). Source: lao.ca.gov/BallotAnalysis/Proposition?number=63&year=2016. Last scraped: 2026-03-07.