Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Open carry is generally illegal in California. With narrow exceptions, you may not carry a firearm exposed in a public place, whether the firearm is loaded or unloaded and whether it is a handgun or a long gun.
California makes openly carrying a firearm a crime under three parallel statutes:
| What you are carrying | Statute | Baseline penalty |
|---|---|---|
| Loaded firearm in public | Penal Code 25850 | Misdemeanor (up to 1 year county jail, up to $1,000 fine) |
| Unloaded handgun, exposed in public | Penal Code 26350 | Misdemeanor |
| Unloaded firearm other than a handgun, exposed in public | Penal Code 26400 | Misdemeanor |
Under Penal Code 25850, the loaded-carry charge escalates to a felony in several circumstances, for example a prior felony conviction, a stolen firearm the carrier knew or had reason to know was stolen, active criminal-street-gang participation, or status as a person prohibited from possessing firearms. The full graduated scheme appears in the Penalties section below.
There is active federal litigation challenging California's open-carry ban (Baird v. Bonta in the Ninth Circuit). As of the most recent California Department of Justice guidance, the open-carry prohibitions remain in effect and continue to be enforced. Court rulings in this area change quickly, so confirm the current status with the California Attorney General's office or current Department of Justice Division of Law Enforcement bulletins before relying on any change.
Your safe assumption: outside of private land you own or lawfully control, openly carrying a firearm in California requires a license issued under Penal Code 26150 or Penal Code 26155, or one of the narrow statutory exceptions discussed below. Anything else risks prosecution.
The general answer is almost no one across most of California. There are three categories of people who may openly carry, and each turns on either an exception or a license.
Penal Code 26361 provides that Section 26350 (open carry of an unloaded handgun) does not apply to a peace officer or honorably retired peace officer who may carry a concealed firearm under Article 2 (commencing with Penal Code 25450) or a loaded firearm under Article 3 (commencing with Penal Code 25900). The parallel exemption for long guns appears at Penal Code 26405, subdivision (e).
Penal Code 26150 (county sheriff) and Penal Code 26155 (city or city-and-county police chief) authorize a license to carry a concealable firearm. As restructured by Assembly Bill 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, each statute now lays out who may apply and in what format:
If you hold a loaded-and-exposed license under Section 26150(c)(2) or Section 26155(c)(2):
A limited set of activities is exempt from the open-carry prohibitions even without a license. Commonly invoked examples drawn from Penal Code 26405 (unloaded non-handgun) include:
The peace-officer and related exemptions to Section 26350 appear at Penal Code 26361 and following. The exemption list for Section 26400 at Penal Code 26405 is extensive, with more than 30 enumerated subdivisions; that section in its current form became operative January 1, 2026. If you think your activity might be exempt, read the full text of the applicable section. Do not rely on this summary.
The practical answer is nearly everywhere a member of the public can normally go. The three statutes reach:
Penal Code 17030 defines "prohibited area" as "any place where it is unlawful to discharge a weapon." Because discharging a firearm is unlawful in most populated areas, most developed land in California falls within this definition. If you are not on private property you own or lawfully control, treat open carry without a license as illegal.
Even a Section 26150 or 26155 license-holder may not carry on or into the locations listed in Penal Code 26230(a). The list is long and was added by Senate Bill 2 (2023). Most of its categories are currently enforceable, but six categories are currently enjoined and not being enforced while the litigation continues. The breakdown below follows California Department of Justice Division of Law Enforcement Information Bulletin 2025-DLE-06.
Currently enforceable categories include, among others:
Currently enjoined categories (not being enforced pending further appeal):
Because the enjoined categories are not being enforced right now, the posted-sign requirement for a place of worship or a private business is not presently operative for a licensee. That can change if the injunction is lifted, so confirm the current status before relying on it.
Penal Code 26230 also contains limited carve-outs that let a licensee transport or store a firearm locked in a roster-listed lock box within a vehicle in many of these parking areas (subdivisions (b) and (c)), and a travel exception for passing along a public right-of-way that touches the listed premises (subdivision (f)).
Litigation status: Penal Code 26230 has been heavily litigated (May v. Bonta and Carralero v. Bonta, decided together with Wolford v. Lopez in the Ninth Circuit). A December 20, 2023 preliminary injunction issued by the United States District Court for the Central District of California had blocked enforcement of many of the sensitive-place provisions. Effective January 23, 2025, the Ninth Circuit reversed that preliminary injunction in large part, making 20 of the 26 sensitive-place categories enforceable. The court did not stay the injunction; it reversed it as to those categories. Six categories remain enjoined: subdivisions (a)(7), (a)(8), (a)(10), (a)(22), (a)(23), and (a)(26), as identified in Information Bulletin 2025-DLE-06. Confirm the latest status with the California Attorney General's office or current Department of Justice guidance before relying on the list, and see the Prohibited Places section of this guide.
You cannot open-carry in a vehicle in California, license or not. Penal Code 25850(a) applies when a loaded firearm is carried "on the person or in a vehicle" in a public place or on a public street. Penal Code 26350(a)(2) is explicit that a person is guilty of openly carrying an unloaded handgun when carrying 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.
A person without a carry license may still transport a firearm by following California's storage-and-transport rules:
These requirements and the recognized transport purposes (travel to or from a range, gunsmith, hunting location, gun show, place of sale, or a residential move) are detailed in the Transport section of this guide. Long guns and certain regulated firearms (assault weapons, large-capacity magazines) carry additional restrictions. Read the Transport section before moving any firearm.
Penal Code 25850(b) authorizes a peace officer to examine any firearm carried by a person on the person or in a vehicle in any public place or on any public street, for the limited purpose of determining whether it is loaded. The statute provides that refusing to allow the inspection constitutes probable cause for arrest for a violation of Section 25850. This inspection authority is specific to Section 25850 (loaded carry).
The penalty scheme under Penal Code 25850(c) is the most severe of the three statutes because it covers loaded firearms. The grade depends on aggravators:
| Circumstance | Grade | Statute |
|---|---|---|
| Baseline, no aggravators | Misdemeanor (up to 1 year county jail, up to $1,000 fine, or both) | 25850(c)(7) |
| Prior conviction of any felony, or of a crime listed in Penal Code 16580 as a felony | Felony | 25850(c)(1) |
| Firearm is stolen and the person knew or had reasonable cause to believe it was stolen | Felony | 25850(c)(2) |
| Active participant in a criminal street gang (Penal Code 186.22) | Felony | 25850(c)(3) |
| Person is prohibited from possessing a firearm (Penal Code 29800 or 29900, or Welfare and Institutions Code 8100 or 8103) | Felony | 25850(c)(4) |
| Prior conviction for a crime against a person or property, or a narcotics or dangerous-drug violation | Wobbler (county jail or state prison under Penal Code 1170(h)) | 25850(c)(5) |
| Handgun not recorded to the carrier with the Department of Justice under Penal Code 11106 | Wobbler | 25850(c)(6) |
Mandatory minimum. Penal Code 25850(d) requires a minimum three-month county jail term for any Section 25850 conviction where the defendant has a prior conviction for an offense enumerated in Penal Code 23515, or for any crime made punishable under a provision listed in Penal Code 16580. The court may depart from the minimum only in unusual cases where the interests of justice would be served, and it must state the reasons on the record and enter them in the minutes.
Federal-eligibility carve-out. Penal Code 25850(e) provides that a Section 25850 violation 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 narrow protection does not apply to the felony tiers.
Penal Code 26350 and Penal Code 26400 (unloaded carry) are misdemeanors at baseline. Each statute also provides an enhanced jail-eligible grade where the firearm and unexpended compatible ammunition are in the person's immediate possession and the person is not in lawful possession of the firearm (Penal Code 26350(b)(2), 26400(b)(2)). Under both statutes, each firearm is a distinct and separate offense (Penal Code 26350(d), 26400(d)), so carrying three exposed unloaded handguns can support three counts.
All three statutes preserve prosecutorial flexibility: nothing in them precludes prosecution under any other law carrying a greater penalty (Penal Code 25850(f), 26350(c)(1), 26400(c)(1)). An open-carry stop can therefore lead to additional charges such as felon in possession or prohibited-person in possession.
Penal Code 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 marks two separate lawful options. In California, both options are crimes for unlicensed carriers in most public places. The exposed-versus-concealed line therefore matters mainly because it determines which statute a prosecutor charges, not whether the conduct is lawful.
A loaded-and-exposed license under Section 26150(c)(2) or 26155(c)(2) (low-population counties only) requires exposed carry. A standard CCW license under those sections requires concealment. The geographic scope of a CCW differs from the open-carry license; see the Application Process section.
| Statute | Subject |
|---|---|
| Penal Code 25400 | Carrying a concealed firearm (defines the concealed-carry offense) |
| Penal Code 25850 | Carrying a loaded firearm in public; penalties; officer inspection authority |
| Penal Code 26150 | County sheriff issuance of a carry license (resident in (a), nonresident in (b), format in (c)) |
| Penal Code 26155 | City or city-and-county police chief issuance of a carry license (resident in (a), nonresident in (b), format in (c)) |
| Penal Code 26165 | Carry-license training requirement |
| Penal Code 26202 | Disqualification standard for carry licenses |
| Penal Code 26230 | Sensitive places where a licensee may not carry |
| Penal Code 26350 | Openly carrying an unloaded handgun in public |
| Penal Code 26361 | Peace-officer exemption to Section 26350 |
| Penal Code 26400 | Openly carrying an unloaded firearm that is not a handgun in public |
| Penal Code 26405 | Exemptions to Section 26400 (more than 30 subdivisions; operative January 1, 2026) |
| Penal Code 17030 | Defines "prohibited area" as any place where discharging a weapon is unlawful |
| Penal Code 626.9 | Gun-Free School Zone |
| Penal Code 171.5 | Sterile airport area definitions |
| Penal Code 11106 | Department of Justice firearm registry |
| Penal Code 16580, 23515 | Prior-conviction references in the Section 25850 mandatory minimum |
| Penal Code 29800, 29900 | Persons prohibited from possessing firearms |
| 18 U.S.C. 922(g)(1) | Federal firearm prohibition referenced in the Section 25850 carve-out |
California has several firearm rules that do not fit cleanly into the 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 train 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. Home storage requirements are covered in the Storage section. Open-carry restrictions are covered in the Open Carry section.
A note on California firearm law in general: it changes often and is heavily litigated. Several provisions described here or in the cross-referenced sections have been challenged in federal court, and some have been enjoined or stayed at various points. Where a rule is the subject of active litigation, this section flags it. Confirm the current state of any contested rule before relying on it for a transaction.
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 (DOJ) 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. If the DOJ requires a correction to the application or an additional fee, the clock can restart from that later submission. There is no walk-out-with-it exception for permit holders, prior gun owners, or any retail buyer. (Cal. Penal Code Sections 26815 and 27540. Section 27540 directs that a dealer shall not deliver a firearm within 10 days of the application to purchase.)
A handful of narrow exemptions exist, primarily for peace officers 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.
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 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 agent or employee who handles, sells, or delivers firearms must obtain a Certificate of Eligibility from the DOJ pursuant to Cal. Penal Code Section 26710, and the dealer must require and keep a copy of it. (Cal. Penal Code Section 26915.) The COE is renewed annually.
The same chapter governs ammunition vendors. A valid Ammunition Vendor License is required for any person or business to sell more than 500 rounds of ammunition in any 30-day period. Firearm dealers licensed under Cal. Penal Code Sections 26700 through 26915 are automatically deemed ammunition vendors. (Cal. Penal Code Section 30342.) Any agent or employee who handles, sells, or delivers ammunition must also hold a current COE under Section 26710.
Where neither party to the transaction holds a California dealer's license, the parties must complete the sale, loan, or transfer through a licensed California firearm 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:
The dealer may charge a fee not to exceed $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.)
If a PPT fails because the firearm can be neither delivered to the buyer nor returned to the seller, the dealer must, at the seller's request, retain the firearm for 45 days (storage fee capped at $10), then deliver it to local law enforcement if no eligible recipient is designated. (Cal. Penal Code Sections 28050 and 28055.)
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.)
"Infrequent" is defined by statute. For these purposes it means fewer than six firearm transactions per calendar year, regardless of the type of firearm. (Cal. Penal Code Section 16730.)
Even with the family exemption:
If a CCW student asks whether they can give an adult child a handgun without going through a dealer, the answer is yes, infrequently (fewer than six firearm transactions in the calendar year), with a valid FSC, and with the 30-day DOJ report. If they ask the same question about a brother, the answer is no without a PPT.
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.
To purchase a handgun in California, you must present documentation that you are a California resident. The address on that document must match either the address on the DROS or the address on the purchaser's California driver license or ID. This handgun proof-of-residency requirement applies to retail sales, Private Party Transfers, and pawn returns. It does not apply to intrafamilial transfers. Acceptable documentation:
(Cal. Penal Code Section 26845.)
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, and a replacement certificate 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.
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, and the purchaser and dealer sign an affidavit stating it was completed. (Cal. Penal Code Section 26850.) Pawn returns and intrafamilial transfers are exempt from this requirement.
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 or lock box and present a receipt or other proof of purchase. (Cal. Penal Code Sections 23635 to 23690.) Pawn returns and intrafamilial transfers are exempt.
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., part of the Unsafe Handgun Act at Cal. Penal Code Section 31900 et seq.) To get on the roster, a handgun model must pass firing and drop-safety tests at a certified laboratory and meet the design criteria in Cal. Penal Code Section 31910.
One of those criteria, microstamping, has been the subject of active federal litigation (Boland v. Bonta), where a district court enjoined enforcement of the microstamping requirement and the related provision requiring three older models to be removed from the roster for each new model added. The scope and status of that injunction has shifted on appeal, so verify the current enforceability of the microstamping criterion before relying on it.
The roster does not apply to:
This is why a particular handgun 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/certguns.
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.)
| Requirement | Retail Sale | Private Party Transfer | Intrafamilial Transfer | Pawn Return |
|---|---|---|---|---|
| Proof of residency (handgun) | Yes | Yes | No | Yes |
| Firearm Safety Certificate | Yes | Yes | Yes | No |
| Safe handling demonstration | Yes | Yes | No | No |
| Firearm safety device | Yes | Yes | No | No |
| Handgun roster | Yes | No | No | No |
| One-handgun-per-30-days | Yes | No | No | No |
| 10-day waiting period | Yes | Yes | Yes | Yes |
| DROS / background check | Yes | Yes | Yes | Yes |
For long guns, the proof-of-residency requirement above does not apply, but the FSC, safe handling demonstration, firearm safety device, 10-day wait, and DROS still do.
The purchase rules are stricter than many CCW students expect.
A CCW license requires age 21 separately under the licensing chapter (see the Permit Basics section).
It is unlawful for a minor to possess a handgun unless one of these conditions is met (Cal. Penal Code Sections 29610 and 29615):
A minor may not possess live ammunition unless (Cal. Penal Code Sections 29650 and 29655):
These rules cover the typical junior hunter and junior shooter scenarios. They do not authorize a minor to walk around with a loaded firearm in public.
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 at the time of purchase and before the buyer takes possession. There are four ways the DOJ confirms eligibility:
Ammunition vendors must be licensed by the DOJ, and each vendor employee handling ammunition must hold a current COE under Cal. Penal Code Section 26710. (Cal. Penal Code Section 30342.) The DOJ may charge a per-transaction fee not to exceed $1.
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.
California requires every firearm owner or possessor to report the loss or theft of a firearm to a local law enforcement agency within five days of the time 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:
Tell your students: if a firearm goes missing, file the report the same week, and keep a copy of the police report.
When a California FFL ships a firearm to, or receives a firearm from, another FFL, the FFL must obtain a verification number from the DOJ before shipping. Both in-state and out-of-state FFL holders must obtain this approval prior to shipping firearms to any California FFL. (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, along with the 10-day wait, FSC, safe-handling demonstration, and roster check that go with a retail handgun sale.
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 large-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.)
Any individual may request 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, and the application must be notarized. (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.
It is illegal for any person to change, alter, remove, or obliterate the identification marks on a firearm, including the name of the maker, the model, the manufacturer's number, or any other distinguishing mark. (Cal. Penal Code Section 23900.) It is also illegal to buy, receive, sell, offer for sale, or possess a firearm knowing its identification marks have been changed, altered, removed, or obliterated. (Cal. Penal Code Section 23920.)
If a serial number is obscured by wear, document the original number with photographs and a dealer affidavit before refinishing.
| Statute | Subject |
|---|---|
| Cal. Penal Code Section 16720 | Definition of "immediate family member" for intrafamilial transfer exemption |
| Cal. Penal Code Section 16730 | Definition of "infrequent" (fewer than six firearm transactions per calendar year) |
| Cal. Penal Code Sections 23635 to 23690 | Firearm safety device requirement at sale |
| Cal. Penal Code Section 23900 | Changing, altering, removing, or obliterating firearm identification |
| Cal. Penal Code Section 23920 | Possession or sale of a firearm with altered or obliterated identification |
| Cal. Penal Code Section 25250 | Reporting lost or stolen firearms (5-day requirement) |
| Cal. Penal Code Section 26700 | Firearm dealer licensing requirements |
| Cal. Penal Code Section 26710 | Certificate of Eligibility |
| Cal. Penal Code Section 26815 | 10-day waiting period (dealer delivery) |
| Cal. Penal Code Section 26845 | Proof of residency for handgun purchase |
| Cal. Penal Code Section 26850 | Safe handling demonstration |
| Cal. Penal Code Section 26915 | Employee Certificate of Eligibility requirement for dealers |
| Cal. Penal Code Sections 27505 and 27510 | Age restrictions on sale, supply, delivery, or transfer of firearms |
| Cal. Penal Code Sections 27535 and 27540 | One-handgun and one-rifle-per-30-days limit; dealer delivery and waiting period |
| Cal. Penal Code Section 27545 | Private Party Transfer requirement |
| Cal. Penal Code Section 27555 | FFL-to-FFL shipment verification number (CFLC) |
| Cal. Penal Code Section 27560 | New California resident firearm report |
| Cal. Penal Code Section 27590 | Penalties for unlawful firearm transfer |
| Cal. Penal Code Sections 28050 and 28055 | $10 PPT fee cap and failed-PPT 45-day retention |
| Cal. Penal Code Section 28220 | DROS firearm eligibility check |
| Cal. Penal Code Sections 29610 and 29615 | Minor possession of a handgun |
| Cal. Penal Code Sections 29650 and 29655 | Minor possession of live ammunition |
| Cal. Penal Code Section 30105 | Personal Firearms Eligibility Check (BOF 116) |
| Cal. Penal Code Section 30342 | Ammunition vendor license requirement |
| Cal. Penal Code Section 30352 | Ammunition transfer recordkeeping and eligibility |
| Cal. Penal Code Section 30370 | Ammunition purchase eligibility check |
| Cal. Penal Code Sections 31610 to 31670 | Firearm Safety Certificate program |
| Cal. Penal Code Sections 31900 et seq. and 31910 | Unsafe Handgun Act and handgun certification criteria |
| Cal. Penal Code Section 32000 | Roster of Handguns Certified for Sale |
| Cal. Penal Code Section 32310 | Large-capacity magazine prohibition |
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:
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.
California treats a vehicle as part of "public" space for carry purposes. Several statutes work together to make this point:
| What you are doing | Statute | Result |
|---|---|---|
| Carrying a concealed handgun in a vehicle under your control | Penal Code 25400 | Crime, unless you have a CCW or qualify for a transport exemption |
| Carrying a loaded firearm (handgun or long gun) on the person or in a vehicle in public | Penal Code 25850 | Crime, unless you have a CCW or another exemption |
| Carrying an exposed unloaded handgun inside or on a vehicle in a covered public area | Penal Code 26350 | Crime |
| Carrying an unloaded firearm that is not a handgun on the person outside a vehicle in a covered area | Penal Code 26400 | Crime |
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 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:
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.
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:
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.
Penal Code 25610 only protects transport for a purpose enumerated in Penal Code Sections 25510 to 25595. The most commonly used lawful purposes are:
Two practical points students miss:
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:
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.
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:
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.
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:
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):
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):
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."
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:
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.
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 grading scheme depends on which statute you are charged under and on aggravators.
| Offense | Baseline grade | Aggravators that elevate |
|---|---|---|
| Penal Code 25400 (concealed firearm in vehicle or on person) | Misdemeanor: up to 1 year county jail and/or up to $1,000 fine | Prior felony or 16580 crime, stolen firearm, criminal street gang participation, prohibited-person status, or loaded/ammunition readily accessible while not the registered owner elevate to a felony or wobbler under 25400(c) |
| Penal Code 25850 (loaded firearm in public or in a vehicle) | Misdemeanor: up to 1 year county jail and/or up to $1,000 fine (25850(c)(7)) | Prior felony or 16580 crime, stolen firearm, gang participation, prohibited-person status, or not being the registered owner elevate the offense under 25850(c) |
| Penal Code 26350 (open carry of an exposed unloaded handgun, including inside or on a vehicle) | Misdemeanor | Elevated where the handgun and ammunition are in the person's immediate possession and the person is not in lawful possession; each handgun is a separate offense |
| Penal Code 26400 (carrying an unloaded firearm that is not a handgun on the person outside a vehicle) | Misdemeanor | Elevated where the firearm and ammunition are in immediate possession and the person is not in lawful possession; each firearm is a separate offense |
| Penal Code 25140 (unattended handgun in vehicle) | Infraction | Fine up to $1,000 |
Two specific points students should know:
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.
Follow these steps every time:
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.
| Statute | Subject |
|---|---|
| Penal Code 25400 | Carrying a concealed firearm (in a vehicle or on the person) |
| Penal Code 25610 | Transport exemption: unloaded, plus locked container or trunk, for a listed purpose |
| Penal Code 25850 | Carrying a loaded firearm in public or in a vehicle; officer inspection authority |
| Penal Code 26350 | Open carry of an exposed unloaded handgun (on the person or inside or on a vehicle) |
| Penal Code 26400 | Carrying an unloaded firearm that is not a handgun on the person outside a vehicle |
| Penal Code 16850 | Definition of "locked container" |
| Penal Code 16840 | Definition of "loaded" |
| Penal Code 25140 | Unattended-vehicle handgun storage (added by SB 869; amended by SB 1382) |
| Penal Code 25452 | Unattended-vehicle storage applied to peace officers and retired peace officers |
| Penal Code 25612 | Unattended-vehicle storage applied to any person |
| Penal Code 25645 | Common-carrier exception to Sections 25140 and 25400 |
| Penal Code 30945 | Transport of registered assault weapons and .50 BMG rifles |
| Penal Code 11106 | Department of Justice firearm registry (referenced by Sections 25400 and 25850) |
| Penal Code 26230 | Sensitive places where a CCW licensee may not carry (heavily litigated) |
California is a shall-issue state for concealed carry licenses, but the details are what matter. To carry a concealed firearm in public in California you must hold a state-issued License to Carry a Concealed Weapon (CCW), issued by the sheriff of your county under California Penal Code 26150 or by your city police chief under California Penal Code 26155. There is no constitutional or permitless carry. California does not honor any other state's carry permit. New-applicant training runs at least 16 hours under California Penal Code 26165, and the sensitive-place list at California Penal Code 26230 is one of the most extensive in the country.
This page is a map of California concealed carry law. Use it to find which detailed section of this guide answers your question, then go there. Every topic introduced here has its own section with full statutory citations, procedures, and penalty grades.
For decades, California operated a may-issue CCW system that required applicants to show "good cause" beyond a generalized desire for self-defense. In June 2022, the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), holding that "proper cause" requirements for public carry violate the Second Amendment. California then stopped applying the good-cause requirement.
The Legislature responded with Senate Bill 2 (Stats. 2023, Ch. 249), effective January 1, 2024. SB 2 rebuilt the CCW framework. It replaced "good cause" with an objective disqualified-person standard at California Penal Code 26202, set a firm minimum age of 21, expanded the training minimum to at least 16 hours with mandatory live-fire qualification under California Penal Code 26165, codified an objective sensitive-place list at California Penal Code 26230, tightened reporting duties on licensees, and required CCW course instructors to be certified by the Department of Justice under California Penal Code 31635. The Legislature has continued to amend this chapter. Assembly Bill 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, restructured Penal Code 26150 and 26155 to add a general non-resident application pathway and to set out the license-format options. Confirm the current statutory text before relying on a procedural detail.
Two litigation threads shape the current landscape and are covered below: the May v. Bonta and Carralero v. Bonta challenges to the Penal Code 26230 sensitive-place list (consolidated on appeal with Hawaii's Wolford v. Lopez), and ongoing challenges to California's open-carry prohibitions. Because key questions remain in active litigation, treat the enforceable scope of contested provisions as a moving target and verify the current status through the California DOJ Division of Law Enforcement (DOJ-DLE) Information Bulletins before relying on any single rule.
California issues two formats of license under the same chapter of the Penal Code:
1. Concealed CCW under California Penal Code 26150 (sheriff) or 26155 (city police chief). Authorizes a licensee to carry a loaded concealed handgun in California, subject to the Penal Code 26230 sensitive-place list and any conditions placed on the license. This is the license most students will pursue.
2. Loaded-and-exposed (open carry) license, available under the same Penal Code 26150 or 26155 only where the county population is less than 200,000 according to the most recent federal decennial census (Penal Code 26150(c)(2), 26155(c)(2)). It authorizes loaded, exposed handgun carry within the issuing county only. It is not available in California's large counties. The same application process, training, and disqualified-person standard apply. See the Open Carry section.
A California CCW does not waive any federal firearm prohibition. Federal law applies regardless of the state license.
Under Penal Code 26150 and 26155, the sheriff or city police chief shall issue or renew a CCW. For a California resident applicant (subdivision (a) of each statute), the authority must issue or renew upon proof of all of the following:
California now has a general non-resident CCW pathway. Under subdivision (b) of Penal Code 26150 and 26155 (added by AB 1078, effective January 1, 2026), a non-California resident may apply to a county sheriff or city police chief for a new license or renewal. The non-resident applicant must not be a disqualified person under Penal Code 26202 and the comparable laws of their home state, must be at least 21, must present a valid driver's license or DMV-issued identification card from their state of residence, and must attest under oath that the chosen jurisdiction is the primary location in California where they intend to travel or spend time. The non-resident applicant must complete the training required by paragraphs (1) to (5) of Penal Code 26165(a) and subdivision (d), complete live-fire shooting exercises for each listed firearm under Penal Code 26165(a)(6), and identify the make, model, caliber, and serial number of each firearm to be listed. Federal law independently bars firearm possession by unlawfully present aliens and most nonimmigrant-visa holders (18 U.S.C. 922(g)(5)); a person federally prohibited cannot lawfully hold or use a CCW.
The disqualifying categories at Penal Code 26202 are extensive and the licensing authority must investigate, including an in-person interview, interviews with at least three character references, a review of publicly available information, and a records review (Penal Code 26202(b)). Categories include: being reasonably likely to be a danger to self, others, or the community; a contempt-of-court conviction under Penal Code 166; certain restraining or protective orders (unless expired, vacated, or canceled more than five years before the completed application); conviction in the past 10 years of an offense listed in Penal Code 422.6, 422.7, 422.75, or 29805; unlawful or reckless use, display, or brandishing of a firearm; certain charges in the past 10 years dismissed by plea or Harvey waiver; certain controlled-substance or alcohol history in the past 5 years; current substance abuse; loss or theft of multiple firearms in the past 10 years due to noncompliant storage or transport; and failure to report a firearm loss as required by California Penal Code 25250. A denied or revoked applicant may seek review in superior court under Penal Code 26206. See the Permit Basics section for the full list.
A separate set of federal and state firearm prohibitions disqualifies a person independent of CCW eligibility. Under California law, a felony conviction (and conviction of certain misdemeanors involving violence or firearms) bars firearm possession (the state prohibited-persons framework begins at California Penal Code 29800). Under federal law (18 U.S.C. 922(g)), prohibited persons include felons, fugitives, unlawful users of controlled substances, persons adjudicated mentally defective or committed to a mental institution, unlawfully present aliens, persons dishonorably discharged, persons who renounced U.S. citizenship, persons under qualifying domestic-violence restraining orders, and persons convicted of a misdemeanor crime of domestic violence. A person under indictment for a felony is separately restricted by 18 U.S.C. 922(n). A California CCW waives none of these prohibitions.
A handful of Penal Code sections do most of the heavy lifting in California carry law. This is the high-level map:
| Statute | What it does |
|---|---|
| California Penal Code 25400 | Defines carrying a concealed firearm without a license. Baseline misdemeanor (up to one year in county jail and/or a $1,000 fine); aggravators (prior felony or firearm offense, gang membership, prohibited person, stolen firearm, or a loaded firearm where the carrier is not the DOJ-recorded owner) raise it to a wobbler or felony. Applies on the person and in vehicles. |
| California Penal Code 25850 | Defines carrying a loaded firearm in public. Same baseline-and-aggravator structure. Subdivision (b) authorizes peace officers to inspect any firearm carried in public, and refusal is probable cause for arrest. |
| California Penal Code 26150 | Sheriff issuance of a CCW. Subdivision (a) covers resident applicants (residence requirement plus the employment-or-business alternative), subdivision (b) covers non-resident applicants, and subdivision (c) sets the license format, including the loaded-and-exposed format for counties under 200,000 at (c)(2). |
| California Penal Code 26155 | City police chief issuance of a CCW. Parallel framework; subdivision (a) requires city residency, subdivision (b) covers non-resident applicants, and subdivision (c) sets the license format. |
| California Penal Code 26165 | Training course. At least 16 hours for new applicants, at least 8 hours for renewals; live-fire qualification with each listed firearm; written exam; instructors certified by DOJ under Penal Code 31635. |
| California Penal Code 26175 | Application form and content. Uniform statewide application prescribed by the Attorney General. |
| California Penal Code 26185 | Fingerprints and DOJ checks. New applicants submit Live Scan; renewal notifications submitted on or after September 1, 2026 also require Live Scan. |
| California Penal Code 26190 | Fees. DOJ application fee plus a local processing fee, amendment fees, and any required psychological-assessment cost. |
| California Penal Code 26200 | License conditions and prohibited conduct while carrying. No alcohol or controlled substances, no carrying unlisted firearms, no more than two firearms under control at one time, plus discretionary time/place/manner conditions. Breach is grounds for revocation. |
| California Penal Code 26202 | Disqualified-person standard (post-Bruen). Replaced the old "good cause" and "good moral character" tests. |
| California Penal Code 26205 | Notice deadline. Approve or deny within 120 days of a complete application (or 30 days after the DOJ report, whichever is later). |
| California Penal Code 26210 | Address change. 10-day written notice; a residence-based license expires 90 days after the licensee moves out of the issuing county. |
| California Penal Code 26220 | Validity periods. Up to two years for a standard license, with longer terms for certain judicial and peace-officer categories; an employment-or-business-based license is limited to 90 days and to the issuing county. |
| California Penal Code 26230 | Sensitive places. The SB 2 sensitive-place list. Several categories are in active litigation. |
| California Penal Code 26350 | Openly carrying an unloaded handgun in public is a misdemeanor. Covers carry on the person and inside or on a vehicle. |
| California Penal Code 26400 | Carrying an unloaded firearm that is not a handgun in public is a misdemeanor in incorporated cities and prohibited unincorporated areas. |
| California Penal Code 25610 | Transport exemption for unlicensed carriers: a U.S. citizen 18 or older, not prohibited, may transport a concealable firearm unloaded and locked in the trunk or a locked container, for a lawful purpose. |
| California Penal Code 25250 | Lost or stolen firearm reporting within five days. Failure to report is a CCW disqualifier under Penal Code 26202(a)(10). |
| California Penal Code 29800 | Persons prohibited from possessing firearms (state-law side). |
| 18 U.S.C. 922 | Federal prohibited persons. Subsection (g) lists the prohibited categories; subsection (n) covers persons under felony indictment. |
| 18 U.S.C. 926B / 926C | LEOSA. Federal concealed-carry authority for qualified active (926B) and qualified retired (926C) law enforcement officers. |
This is a map, not a reference. The detailed treatment of each statute is in its dedicated section.
SB 2 added an objective list at California Penal Code 26230 of locations where a CCW holder may not carry. The statute names more than two dozen categories, including K-12 school zones (by cross-reference to Penal Code 626.9), preschools and childcare facilities, state government buildings, courthouses, local government buildings, jails and prisons, hospitals and medical facilities, public transit, places that sell alcohol for on-site consumption, permitted public gatherings, playgrounds and youth centers, parks and athletic areas, parks land controlled by State Parks or Fish and Wildlife, college and university property, gambling establishments, stadiums and arenas, public libraries, airports and passenger-vessel terminals, amusement parks, zoos and museums, nuclear facilities, places of worship, financial institutions, law enforcement stations, polling places, and, by default, privately owned commercial establishments open to the public unless the operator posts a sign permitting carry. Penal Code 26230(b) and (c) preserve a licensee's ability to transport and store a locked, secured firearm in a vehicle and its parking area for most categories. Not every category on this statutory list is currently enforceable: six categories remain blocked by a preliminary injunction. The enforcement status is set out next.
The enforceable scope of this list is contested and has shifted during litigation. A December 20, 2023 preliminary injunction issued by the U.S. District Court for the Central District of California in May v. Bonta (No. 23-4354) and Carralero v. Bonta (No. 23-4356) blocked enforcement of many Penal Code 26230 categories. On appeal, consolidated with Hawaii's Wolford v. Lopez, the Ninth Circuit reversed that preliminary injunction in large part (mandate effective January 23, 2025). Per California DOJ-DLE Information Bulletin 2025-DLE-06, the Ninth Circuit's ruling made Penal Code 26230 enforceable as to nine additional locations effective January 23, 2025 (subdivisions (a)(9), (11) to (13), (15) to (17), (19), and (20), covering places that serve alcohol, playgrounds and youth centers, parks and athletic areas, most State Parks and Fish and Wildlife land, gambling establishments, stadiums and arenas, public libraries, amusement parks, and zoos and museums). Eleven categories were never enjoined and remain enforceable (subdivisions (a)(1) to (6), (14), (18), (21), (24), and (25), covering school zones, preschool and childcare facilities, state executive and legislative buildings, court buildings, local government buildings, detention centers, colleges and universities, airports and passenger-vessel terminals, nuclear facilities, police stations, and polling places). Twenty of the 26 categories are therefore in effect. As of that bulletin, six categories remain subject to the December 20, 2023 preliminary injunction and are not being enforced as interim relief: hospitals and medical facilities (Penal Code 26230(a)(7)), public transit (a)(8), permitted public gatherings (a)(10), places of worship (a)(22), financial institutions (a)(23), and privately owned commercial establishments open to the public (the default rule at (a)(26)).
This is preliminary, not final, relief, and it can change as the case proceeds. The DOJ-DLE Information Bulletins are the live wire on which Penal Code 26230 categories are presently enforceable. Confirm the latest bulletin before relying on any specific location. A breach of any enforceable Penal Code 26230 condition is grounds for revocation under Penal Code 26200 and may be charged independently under Penal Code 25400 or 25850. The detailed list and current enforcement status are in the Prohibited Places section.
For new applicants, California Penal Code 26165 requires a course of at least 16 hours that is, except for the mental-health component, taught and supervised by firearms instructors certified by the DOJ under Penal Code 31635. The course must cover firearm safety, handling, shooting technique, safe storage, lawful transport and securing firearms in vehicles, the laws on where permitholders may carry, and the laws on the permissible use of force in self-defense. At least one hour must address mental health and mental-health resources. The course requires a written examination and live-fire shooting exercises with a demonstration of safe handling and shooting proficiency for each firearm the applicant wants on the license. For renewal, the course must be at least 8 hours and satisfy paragraphs (2) through (6) of subdivision (a). An applicant cannot be required to pay for training before the licensing authority's initial determination that the applicant is not a disqualified person (Penal Code 26165(e)).
The application uses the uniform statewide form prescribed by the Attorney General under California Penal Code 26175. New applicants submit Live Scan fingerprints to the DOJ for state and federal eligibility checks (Penal Code 26185). Under Penal Code 26185(b)(2), renewal notifications submitted on or after September 1, 2026 also require Live Scan; earlier renewals follow the prior process. The licensing authority must give an initial disqualification determination within 90 days (Penal Code 26202(d)) and must approve or deny within 120 days of a complete new application, or 30 days after the DOJ report, whichever is later (Penal Code 26205).
CCW fees come in layers under California Penal Code 26190: a DOJ application fee capped at the DOJ's processing costs and adjustable only for legislatively approved cost-of-living increases, a local processing fee equal to the licensing authority's reasonable costs (collected half on filing, half on issuance), and amendment fees. Live Scan, training, range time, ammunition, and any required psychological assessment under Penal Code 26190(e) are paid to the providers and are generally not refundable on denial. A psychological assessment may be required on a new application; on renewal it may be required only on compelling evidence of a public-safety concern. See the Fees and Costs section for current numbers.
Standard licenses are valid for up to two years under California Penal Code 26220. Longer maximum terms apply to certain judges and court commissioners (up to three years) and to certain custodial and reserve peace officers (up to four years); an employment-or-business-based license is limited to 90 days and to the issuing county. Loaded-and-exposed licenses are valid only in the issuing county.
California does not honor any other state's concealed carry permit. Only a license issued under California's own chapter (commencing at Penal Code 26150) authorizes concealed carry here. A visitor carrying on an out-of-state permit risks prosecution under California Penal Code 25400 (unlicensed concealed carry) or, if loaded, Penal Code 25850 (loaded carry in public). A non-resident who wants to carry concealed in California must apply for a California non-resident license under subdivision (b) of Penal Code 26150 or 26155.
The reverse is more permissive: a number of other states recognize a California CCW, some fully and some with restrictions, and several permitless-carry states allow any qualifying adult to carry. Recognition changes frequently. Do not rely on a fixed list. Verify the destination state's Attorney General guidance before traveling, and see the Reciprocity section for the current breakdown.
Two pieces of federal law sit on top of California carry law and matter for every CCW student.
Federal prohibited persons. Under 18 U.S.C. 922(g), the prohibited categories are felons, fugitives, unlawful users of controlled substances, persons adjudicated mentally defective or committed to a mental institution, unlawfully present aliens, persons dishonorably discharged, persons who have renounced U.S. citizenship, persons under qualifying domestic-violence restraining orders, and persons convicted of a misdemeanor crime of domestic violence. A separate provision, 18 U.S.C. 922(n), restricts persons under indictment for a felony. A California CCW waives none of these. A licensee who later becomes federally prohibited (a qualifying conviction, a domestic-violence restraining order, an involuntary mental-health commitment) is barred from firearm possession regardless of the license.
LEOSA. The federal Law Enforcement Officers Safety Act authorizes qualified active law enforcement officers (18 U.S.C. 926B) and qualified retired officers (18 U.S.C. 926C) to carry concealed across state lines, independent of state CCW reciprocity, if they meet the federal qualification standards. LEOSA is a federal authority, not a California exemption; departmental procedures for issuing the required credentials vary, so check with the relevant agency.
Airports and aircraft. Carrying into the secured area of an airport or onto an aircraft is governed by federal law at 49 U.S.C. 46505, in addition to California's restriction on airport property at Penal Code 26230(a)(18) and the sterile-area rule at Penal Code 171.5. A CCW does not authorize carry past a TSA checkpoint.
Two threads track in parallel and any California CCW instructor should follow them:
SB 2 (2023), effective January 1, 2024. The statutory rebuild that converted California from may-issue with good-cause to shall-issue with the disqualified-person standard. It set the 16-hour training minimum, codified the Penal Code 26230 sensitive-place list, tightened licensee reporting duties, and required DOJ-certified instructors. AB 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, then restructured Penal Code 26150 and 26155, adding a general non-resident application pathway at subdivision (b) and setting the license-format options at subdivision (c) (concealed at (c)(1); loaded-and-exposed in a county under 200,000 at (c)(2)).
The Penal Code 26230 sensitive-place litigation. The December 20, 2023 preliminary injunction in May v. Bonta and Carralero v. Bonta, consolidated on appeal with Wolford v. Lopez, was reversed in large part by the Ninth Circuit (mandate effective January 23, 2025). As reflected in DOJ-DLE Bulletin 2025-DLE-06, nine additional categories became enforceable effective January 23, 2025, eleven categories were never enjoined (so 20 of 26 are in effect), and six categories (hospitals and medical facilities, public transit, permitted public gatherings, places of worship, financial institutions, and the private-property-open-to-the-public default rule) remain under the preliminary injunction as interim relief. This relief is preliminary and could shift again. Check the latest DOJ-DLE bulletin before relying on any single category.
Open carry. California's open-carry prohibitions remain in force: openly carrying an unloaded handgun in public is a misdemeanor under California Penal Code 26350, carrying an unloaded firearm that is not a handgun in public is a misdemeanor under Penal Code 26400, and loaded public carry is barred by Penal Code 25850. These prohibitions have been the subject of Second Amendment litigation. Court orders in this area do not take effect until the appellate court issues its mandate, and the DOJ has instructed agencies that the open-carry restrictions remain in effect pending further court action. Anyone tempted to open carry based on a court decision should confirm the current status through the latest DOJ-DLE bulletin first, because carrying before a decision is final risks prosecution under Penal Code 25850, 26350, or 26400.
A California CCW does not waive any of the following, which apply at point of purchase, possession, and transport. Each has its own section in this guide, and several are themselves in active litigation:
For storage, transport, and vehicle-carry rules, see the Storage, Transport, and Vehicle Carry sections.
| Your question | Read this section |
|---|---|
| What does the application look like? Who issues? Who is disqualified? | Permit Basics |
| What does training require? How many hours? Live fire? | Training Requirements |
| How much does a CCW cost in California? | Fees and Costs |
| How do I renew? Live Scan timing? | Renewal Process |
| Where can't I carry? The Penal Code 26230 list with current status | Prohibited Places |
| Can I carry openly anywhere in California? | Open Carry |
| Is there constitutional carry in California? | Constitutional Carry (there is none) |
| Does California honor my out-of-state permit? | Reciprocity |
| How do I transport a firearm without a CCW? | Transport |
| Vehicle carry with a CCW? Unattended vehicle? | Vehicle Carry |
| Do I have to tell the officer I'm carrying? | Duty to Inform |
| When can I use force? Castle doctrine? | Use of Force, Castle Doctrine |
| Alcohol or controlled substances while carrying? | Under the Influence |
| Suppressors, SBRs, machine guns, magazines, assault weapons? | NFA Items, Restrictions |
| Can a city or county add more rules? | Preemption |
| Restraining orders, GVRO, ERPO? | Red Flag |
| Home storage requirements? | Storage |
| Useful links and forms | Resources |
| Common questions in one place | FAQ |
This overview synthesizes the published California sections of this guide against primary text. Statutory authority comes from the California Penal Code as enacted and amended by Senate Bill 2 (Stats. 2023, Ch. 249) and Assembly Bill 1078 (Stats. 2025, Ch. 570), including Penal Code 25400, 25610, 25850, 26150, 26155, 26162, 26165, 26170, 26175, 26185, 26190, 26195, 26200, 26202, 26205, 26206, 26210, 26220, 26225, 26230, 26350, 26400, 25250, and 29800, plus Penal Code 171b, 171.5, and 626.9. Enforcement status of the Penal Code 26230 sensitive-place list reflects California DOJ Division of Law Enforcement Information Bulletin 2025-DLE-06 and the Ninth Circuit's consolidated decision in Wolford v. Lopez (which decided the May v. Bonta and Carralero v. Bonta appeals). Case-law context: New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022); the May v. Bonta and Carralero v. Bonta preliminary injunction of December 20, 2023; and ongoing litigation in Duncan v. Bonta, Miller v. Bonta, and Boland v. Bonta. Litigation in this area is active; verify the current status of any contested provision before relying on it.
California's concealed-carry permit is the License to Carry a Concealed Weapon, usually written as the CCW license. The licensing framework is in the California Penal Code, Chapter 4 of Division 5 of Title 4 of Part 6, beginning at Penal Code 26150. It changed substantially after the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen in June 2022 and after the Legislature passed Senate Bill 2 in 2023.
There is no constitutional or permitless carry in California. A license is required to carry a concealed firearm (Penal Code 25400) or to carry a loaded firearm in public (Penal Code 25850). Carrying without a license is a crime under those sections.
California CCW licenses are issued by county sheriffs and city police chiefs. The Department of Justice (DOJ) does not issue CCW licenses; it runs the background check, prescribes the standard forms, and certifies the instructors.
Each licensing authority must publish and make available a written policy summarizing Penal Code 26150 and subdivisions (a) and (b) of Penal Code 26155 (Penal Code 26160).
A California CCW is valid throughout the state (Penal Code 26220). California does not recognize any other state's permit.
Until 2024, California operated a may-issue system that required applicants to show good cause and good moral character. After Bruen held that New York's analogous proper-cause requirement violated the Second Amendment, California Attorney General Rob Bonta issued Legal Alert OAG-2022-02 advising licensing authorities to stop applying the good-cause requirement.
The Legislature then passed Senate Bill 2 (Stats. 2023, Ch. 249), effective January 1, 2024. SB 2 rebuilt the CCW framework. It:
Assembly Bill 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, restructured and amended Penal Code 26150, 26155, 26185, 26190, 26195, and 26205. It reorganized Penal Code 26150 and 26155 into three parts: subdivision (a) is the California resident application, subdivision (b) is a new application pathway for non-California residents, and subdivision (c) sets the two license format options (concealed carry, or loaded-and-exposed carry in a county with a population under 200,000). California now has a general non-resident CCW pathway. AB 1078 also added an express licensee reporting duty and a DOJ notification deadline at Penal Code 26195, and addressed renewal timing. The renewal-fingerprint rule keyed to September 1, 2026 comes from Penal Code 26185(b)(2) as enacted by SB 2.
Important litigation note: parts of Penal Code 26230 (the sensitive-places list) were challenged in federal court in May v. Bonta and Carralero v. Bonta. A federal district court issued a preliminary injunction on December 20, 2023 that blocked enforcement of many categories. Effective January 23, 2025, the United States Court of Appeals for the Ninth Circuit reversed that injunction in large part. The court did not stay the injunction; it reversed it. As a result, 20 of the 26 sensitive-place categories are now enforceable, and six categories remain enjoined and are not being enforced pending further appeal: hospitals and medical facilities (Penal Code 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 privately owned commercial establishments open to the public, which is the default no-carry-without-a-posted-sign rule (a)(26). See the Prohibited Places section.
Under subdivision (a) of Penal Code 26150 (sheriffs) and Penal Code 26155 (city police chiefs), the licensing authority shall issue or renew a license to a California resident who proves all of the following:
The employment or business basis is an in-state option for a California resident whose work is in a county other than the one where they live. A license issued on that employment or business basis is valid for no more than 90 days and only in the county that issued it (Penal Code 26220(b)). This is not the non-resident pathway.
Assembly Bill 1078 added a general application pathway for people who do not live in California. Under subdivision (b) of Penal Code 26150 and Penal Code 26155, the licensing authority shall issue or renew a license to a non-California resident who proves all of the following:
A non-resident license is issued under Penal Code 26150 or 26155 and is valid for up to two years (Penal Code 26220(a)). For a disqualified-person determination, Penal Code 26206 directs a non-resident applicant's court hearing to the county where the application was submitted.
Separate from CCW eligibility, a person who is prohibited from possessing firearms under state law (Penal Code 29800 and related sections) or federal law (18 U.S.C. 922(g)) cannot lawfully apply for or hold a CCW. The DOJ background check screens for these prohibitions, and a license cannot issue unless the DOJ reports the applicant is eligible (Penal Code 26185).
Penal Code 26202 sets out the disqualifying categories. Unless a court determines otherwise under Penal Code 26206, an applicant is a disqualified person and cannot receive or renew a license if any of the following apply:
To make this determination, the licensing authority must conduct an investigation that includes an in-person interview with the applicant, interviews with at least three references, a review of publicly available information including the applicant's public statements, a review of the application and DOJ information, and a check of the California Restraining and Protective Order System (Penal Code 26202(b)). For renewals, the authority may forgo the applicant interview and the reference interviews.
A disqualified-person determination can be challenged by requesting a superior court hearing under Penal Code 26206. See Denial, Revocation, and Appeals below.
Sequence varies by agency, but every California CCW application includes these elements:
For new applicants, the course must meet all of the following minimums (Penal Code 26165(a)):
The licensing authority sets and publishes the live-fire standard, including the minimum number of rounds and the minimum passing scores at specified distances (Penal Code 26165(b)). An authority may instead 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 applicants (Penal Code 26165(c)).
For renewal applicants, the course must be no less than 8 hours and must satisfy paragraphs (2) through (6) of Penal Code 26165(a). A person certified by the licensing authority as a CCW trainer is not required to retake the course to renew their own license (Penal Code 26165(d)).
CCW fees come in layers:
Live Scan, training, range time, ammunition, and any required psychological assessment are paid separately to the providers and are generally not refundable if the application is denied. SB 2 authorized licensing authorities to charge the local processing fee on renewals as well as new applications.
Validity depends on the type of license:
In counties with a population of fewer than 200,000 (most recent federal decennial census), the sheriff or city police chief may issue a license to carry loaded and exposed in that county only (Penal Code 26150(c)(2) and 26155(c)(2)). See the Open Carry section.
Apply well before expiration; many agencies set their own submission windows. Renewal training is at least 8 hours (Penal Code 26165(d)). Renewal fingerprints to the DOJ are required only when the renewal is submitted on or after September 1, 2026 (Penal Code 26185(b)(2)). The licensing authority must issue notice within 120 days of a completed renewal application, with the post-September 1, 2026 renewals also tied to the DOJ response timing (Penal Code 26205, as amended by AB 1078). Fees are generally non-refundable.
Under Penal Code 26215, a licensee may apply to add or delete a firearm, authorize concealed carry, authorize loaded-and-exposed carry where eligible (counties under 200,000), or change the restrictions and conditions on the license. An amendment does not extend the original expiration date and is not a renewal application.
Under Penal Code 26210, a change of address requires written notice to the licensing authority within 10 days, and the authority must notify the DOJ within 10 days of receiving that notice. A concealed-carry license is not revoked solely because the licensee moves to another county, provided the licensee has not breached any license condition and has not become firearm-prohibited. But if the licensee's place of residence was the basis for issuance, a license issued under Penal Code 26150 or 26155 expires 90 days after the licensee moves from the county of issuance. A loaded-and-exposed license is revoked immediately on a move to another county.
A license shall not be issued if the DOJ determines the applicant is prohibited by state or federal law from possessing a firearm (Penal Code 26195(a)).
A licensing authority shall revoke a license if it determines, or is notified by the DOJ, that the licensee is firearm-prohibited, has breached a condition or restriction under Penal Code 26200, provided inaccurate or incomplete information on the application, fails to comply with the reporting duty in Penal Code 26195(c), or has become a disqualified person under Penal Code 26202 (Penal Code 26195(b)). If the DOJ determines a licensee is firearm-prohibited, it must notify the local authority immediately, and no later than 15 days after the determination (Penal Code 26195(d)).
Penal Code 26195(c) imposes a reporting duty: a licensee must inform the issuing authority of any restraining order, or any arrest, charge, or conviction of a crime referenced in Penal Code 26202.
For a disqualified-person determination under Penal Code 26202, the applicant may request a superior court hearing within 30 days of the notice, in the county of residence or, for non-resident applicants, the county where the application was submitted (Penal Code 26206). A licensing authority may require the applicant to exhaust an internal appeal first. At the hearing the people bear the burden of showing by a preponderance of the evidence that the applicant is a disqualified person. For a denial or revocation based on any other requirement, the applicant may seek a writ of mandate under Code of Civil Procedure 1085 within 30 days of the notice (Penal Code 26206(i)).
While carrying under a CCW, a licensee shall not:
A licensee may not carry more than two firearms under their control at one time (Penal Code 26200(d)). The licensing authority may also impose reasonable restrictions as to time, place, manner, and circumstances, which are printed on the license (Penal Code 26200(b) and (c)). Many local policies add a magazine-capacity condition; a separate state law limits magazines to 10 rounds (Penal Code 32310, currently the subject of the Duncan v. Bonta litigation).
A breach of any Penal Code 26230 sensitive-place condition is a license violation and may also be charged independently under Penal Code 25400 or 25850.
Open carry is generally prohibited in California. Openly carrying an exposed and unloaded handgun in public is a misdemeanor (Penal Code 26350), and openly carrying an unloaded firearm that is not a handgun is a misdemeanor in prohibited public areas (Penal Code 26400). Loaded open carry falls under Penal Code 25850. A standard CCW authorizes concealed carry; only the loaded-and-exposed license format (counties under 200,000) authorizes exposed carry, and only in the issuing county. A Ninth Circuit panel ruled in Baird v. Bonta that California's open-carry restrictions are unconstitutional, but that decision has not taken effect because the mandate has not issued; the open-carry prohibitions remain enforceable. See the Open Carry section.
California has no statutory stand-your-ground law. Penal Code 197 defines justifiable homicide, and Penal Code 198.5 creates a presumption of reasonable fear when an intruder unlawfully and forcibly enters a residence. Jury instructions CALCRIM 505 and 3470 tell jurors that a person who is not the aggressor and is lawfully present has no duty to retreat. See the Use of Force and Castle Doctrine sections.
California does not recognize any other state's CCW. A visitor who wants to carry in California must qualify for a California license. A non-California resident may apply through the general non-resident pathway at Penal Code 26150(b) or 26155(b). See the Reciprocity section.
A California CCW does not waive any federal firearm prohibition. The federal prohibited-person categories are at 18 U.S.C. 922(g). A licensee who later becomes federally prohibited (for example, a qualifying domestic-violence restraining order, a misdemeanor crime of domestic violence, or an involuntary mental-health commitment) is barred from possessing a firearm regardless of the license. The Law Enforcement Officers Safety Act, at 18 U.S.C. 926B (active officers) and 18 U.S.C. 926C (qualified retired officers), is a separate federal carry authority and is not a California license. Possession of a firearm in the sterile area of an airport or on an aircraft is governed by federal law at 49 U.S.C. 46505, in addition to California's Penal Code 171.5.
| Statute | Subject |
|---|---|
| Penal Code 26150 | Sheriff issuance; resident and non-resident applications; license formats |
| Penal Code 26155 | City police chief issuance; resident and non-resident applications |
| Penal Code 26160 | Required published written policy |
| Penal Code 26165 | Training (16 hours new, 8 hours renewal); live fire |
| Penal Code 26170 | Reserve peace officer license |
| Penal Code 26175 | Application form; uniform license |
| Penal Code 26185 | DOJ background check; renewal fingerprints |
| Penal Code 26190 | Fees; psychological assessment |
| Penal Code 26195 | Non-issuance and revocation; reporting duty |
| Penal Code 26200 | License conditions |
| Penal Code 26202 | Disqualified-person standard |
| Penal Code 26205 | Notice; 120-day deadline |
| Penal Code 26206 | Court hearing right |
| Penal Code 26210 | Change of address; 10-day notice |
| Penal Code 26215 | License amendments |
| Penal Code 26220 | Validity periods by license type |
| Penal Code 26230 | Sensitive places (20 of 26 categories enforceable; 6 enjoined) |
| Penal Code 25400 | Carrying concealed without a license |
| Penal Code 25850 | Carrying loaded in public without a license |
| Penal Code 26350 | Open carry of an unloaded handgun |
| Penal Code 26400 | Open carry of an unloaded long gun |
| 18 U.S.C. 922(g) | Federal prohibited persons |
| 18 U.S.C. 926B / 926C | LEOSA (active / retired officers) |
Statutory text from California Legislative Information and FindLaw for Penal Code 26150, 26155, 26160, 26162, 26165, 26170, 26175, 26185, 26190, 26195, 26200, 26202, 26205, 26206, 26210, 26215, 26220, 26225, 26230, 25400, 25850, 26350, and 26400, including Senate Bill 2 (Stats. 2023, Ch. 249) and Assembly Bill 1078 (Stats. 2025, Ch. 570). Federal authority at 18 U.S.C. 922(g), 18 U.S.C. 926B and 926C, and 49 U.S.C. 46505. Case context: New York State Rifle & Pistol Association v. Bruen (2022); May v. Bonta and Carralero v. Bonta (sensitive-places injunction, reversed in large part by the Ninth Circuit effective January 23, 2025); Baird v. Bonta (open carry). Agency guidance from the California DOJ Division of Law Enforcement Information Bulletins, including 2025-DLE-06, and the standard application form BOF 4012.
California requires a license to carry a concealed firearm. Carrying a concealed pistol, revolver, or other firearm capable of being concealed on the person, or concealed in a vehicle under your control, is a crime under California Penal Code 25400 unless you hold a valid license. Carrying a loaded firearm in public is separately a crime under California Penal Code 25850. The license that lets a private citizen lawfully carry is the License to Carry a Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person, commonly called a CCW license.
As of January 1, 2024, California is a shall-issue state. After the U.S. Supreme Court decided New York State Rifle and Pistol Association v. Bruen (2022) 597 U.S. 1, which struck down "proper cause" or "good cause" discretionary licensing schemes, California enacted Senate Bill 2 (Stats. 2023, Ch. 249) to remove the old "good cause" and "good moral character" tests. Assembly Bill 1078 (Stats. 2025, Ch. 570) later amended several of these statutes again, with most changes effective January 1, 2026. Under the current framework, the issuing authority must issue or renew a license to an applicant who meets the objective requirements and is not a "disqualified person" under California Penal Code 26202.
This is one of the most heavily litigated areas of California firearm law. Several provisions described below, especially the list of "sensitive places" in California Penal Code 26230, have been challenged in federal court, and parts have been enjoined. The Ninth Circuit reversed most of the original 2023 injunction, but six sensitive-place categories remain enjoined. Verify the current enforceable status before relying on any specific rule.
A CCW license is issued by your local licensing authority:
A sheriff and a city police chief may also agree to have one process applications on behalf of the other (California Penal Code 26150, subd. (d); California Penal Code 26155, subd. (d)). A separate statute, California Penal Code 26170, governs licenses issued to certain appointed or deputized peace officers under Penal Code 830.6, and fees for those licenses may be waived.
AB 1078 restructured the two main licensing statutes. Under California Penal Code 26150 and 26155 as amended:
To receive a CCW license as a California resident under California Penal Code 26150 or 26155, an applicant must show all of the following:
The old "good cause" and "good moral character" requirements no longer apply. The licensing authority's role is to confirm the objective criteria above and to determine whether the applicant is a disqualified person.
California Penal Code 26202, subdivision (a) lists the categories that make an applicant a disqualified person who cannot receive or renew a license, unless a court rules otherwise under California Penal Code 26206. These include:
As part of the investigation, the licensing authority reviews application information, Department of Justice records, the restraining and protective order system, publicly available statements, and (for new applicants) conducts an interview and contacts character references (California Penal Code 26202, subd. (b)).
For a new license, the training course must be at least 16 hours long and must cover firearm safety, firearm handling, shooting technique, safe storage, legal transport and vehicle storage, where permit holders may carry, lawful use of a firearm, and the lawful 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 safe handling and proficiency with each firearm the applicant seeks to carry. Except for the mental-health component, the course must be taught and supervised by firearms instructors certified by the Department of Justice under Penal Code 31635 (California Penal Code 26165, subd. (a)).
A licensing authority may instead require a certified community college course of up to 24 hours, but only if required uniformly of all applicants (California Penal Code 26165, subd. (c)). For a renewal, the course must be at least eight hours and meet paragraphs (2) through (6) of subdivision (a) (California Penal Code 26165, subd. (d)).
The application runs through your local licensing authority and the Department of Justice. The agency takes the application, collects fees and fingerprints, and transmits them to the Department of Justice for the background report (California Penal Code 26185, California Penal Code 26190).
Within 90 days of receiving a completed application, the licensing authority must give written notice of its initial determination of whether the applicant is a disqualified person. If the initial determination is favorable, the applicant is directed to complete the training under Penal Code 26165 (California Penal Code 26202, subd. (d)).
The licensing authority 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 (California Penal Code 26205, subd. (a)). If the license is denied, the notice must state which requirement was not satisfied, and the applicant may seek review from a court under California Penal Code 26206.
California Penal Code 26190 does not set a single statewide dollar amount. Fees are built from two parts:
The first 50 percent of the local fee may be collected when the application is filed, and the balance is collected only when the license is issued (California Penal Code 26190, subd. (b)(2)). Applicants pay fingerprint (Live Scan) and training costs separately, and a psychological assessment fee may apply in some jurisdictions (subd. (e)). Because amounts vary by jurisdiction, confirm the exact fees with your local issuing authority.
A standard CCW license issued under California Penal Code 26150 or 26155 is valid for up to two years from the date of issuance (California Penal Code 26220, subd. (a)). Shorter or longer terms apply in specific cases: a license based on place of employment or business is valid for up to 90 days (subd. (b)), licenses for certain judges and federal magistrates run up to three years (subd. (c)), and licenses for certain custodial officers run up to four years (subd. (d)).
While carrying under the license, a licensee may not consume or be under the influence of alcohol or a controlled substance, may not be in a place whose primary purpose is dispensing alcohol for onsite consumption, may not carry a firearm not listed on the license, may not falsely claim to be a peace officer, may not engage in an unjustified display of a deadly weapon, must carry the license, and must display the license and present the firearm for inspection to a peace officer on demand (California Penal Code 26200, subd. (a)). A licensee may not carry more than two firearms under their control at one time (California Penal Code 26200, subd. (d)). The licensing authority may also impose reasonable additional restrictions as to time, place, manner, and circumstances (California Penal Code 26200, subd. (b)).
A license must be revoked if the licensee breaches the conditions, knowingly provided inaccurate or incomplete information, becomes a disqualified person, or is reported by the Department of Justice as prohibited from possessing firearms (California Penal Code 26195).
California Penal Code 26230 lists more than two dozen locations where a licensee may not carry a firearm even with a valid CCW license. This list has been the subject of active federal litigation in May v. Bonta and the consolidated Carralero v. Bonta. A federal district court entered a preliminary injunction against numerous categories on December 20, 2023. The U.S. Court of Appeals for the Ninth Circuit then reversed that injunction in large part. The court did not stay the injunction; it reversed it, and the mandate took effect on January 23, 2025. As a result, roughly 20 of the 26 categories are now enforceable, while six remain enjoined and are not being enforced pending further appeal.
Categories currently in effect (enforceable):
Categories currently enjoined (not being enforced pending further appeal):
Because these six categories are enjoined, the default no-carry-without-a-posted-sign rule for private businesses open to the public is not currently being enforced. The litigation continues, so confirm the current enforceable status of any category with the issuing authority or a California attorney before relying on it.
The statute also includes exceptions allowing a licensee to transport and store a firearm locked in a listed lock box within a vehicle in many of these parking areas, and a travel exception for moving along a public right-of-way that touches such premises (California Penal Code 26230, subds. (b), (c), (f)).
A CCW license authorizes concealed carry, not open carry. Openly carrying an exposed, unloaded handgun in a public place or public street in an incorporated city, or in a prohibited area, is a crime under California Penal Code 26350 (generally a misdemeanor). Openly carrying an unloaded firearm that is not a handgun, such as a rifle or shotgun, in those areas is a crime under California Penal Code 26400 (generally a misdemeanor). Carrying any loaded firearm openly in public is covered by California Penal Code 25850. Between these statutes, public open carry of handguns and long guns is generally prohibited. A narrow exception exists in counties with a population under 200,000, where the licensing authority may issue a license to carry a firearm loaded and exposed, valid only within that county (California Penal Code 26150, subd. (c)(2); California Penal Code 26155, subd. (c)(2)).
California does not honor concealed carry permits or licenses issued by other states. A permit from another state does not authorize concealed or loaded public carry in California. California residents should confirm whether their California license is recognized in any state they plan to visit, because recognition depends on the other state's law.
California does, however, provide a general pathway for non-California residents to obtain a California CCW license. Under California Penal Code 26150, subdivision (b), and California Penal Code 26155, subdivision (b), a non-resident may apply to a California licensing authority, subject to additional conditions. The applicant must not be a disqualified person under California standards and under the comparable laws of their home state, must present a driver's license or identification card from their state of residence, must attest that the jurisdiction where they apply is the primary California location where they intend to travel or spend time, must complete approved training and live-fire exercises, and must identify on the application each firearm to be carried.
Carrying a concealed firearm without a license under California Penal Code 25400 is generally a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both (subd. (c)(7)). It becomes a felony when aggravating facts apply, such as 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 prohibited from possessing firearms (California Penal Code 25400, subd. (c)(1) through (c)(4)). Certain other circumstances make the offense a wobbler that can be charged as a felony or a misdemeanor.
Carrying a loaded firearm in public without lawful authority under California Penal Code 25850 follows a similar structure: generally a misdemeanor with up to one year in county jail and a fine of up to $1,000, but a felony or wobbler where aggravating facts apply, such as a prior felony, a stolen firearm, gang participation, or being a prohibited person (California Penal Code 25850, subd. (c)).
| Statute | Subject |
|---|---|
| California Penal Code 25400 | Crime of carrying a concealed firearm |
| California Penal Code 25850 | Crime of carrying a loaded firearm in public |
| California Penal Code 26150 | CCW license issuance by the sheriff |
| California Penal Code 26155 | CCW license issuance by the police chief |
| California Penal Code 26165 | Training requirement (16 hours new, 8 hours renewal) |
| California Penal Code 26170 | Licenses for appointed or deputized peace officers |
| California Penal Code 26185, 26190 | Fingerprints, Department of Justice report, and fees |
| California Penal Code 26195 | License denial and revocation |
| California Penal Code 26200 | Carry conditions and two-firearm limit |
| California Penal Code 26202 | Disqualifying categories |
| California Penal Code 26205, 26206 | Processing timeline and court review of denial |
| California Penal Code 26220 | License term (up to two years standard) |
| California Penal Code 26230 | Sensitive places where carry is prohibited |
| California Penal Code 26350, 26400 | Open carry prohibitions |
| California Penal Code 626.9 | Gun-Free School Zone Act |
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)).
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:
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.
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)).
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)).
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)).
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:
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:
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 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.
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.
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.
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.
Even with a valid California concealed carry weapon (CCW) license, you cannot carry a firearm everywhere. A license issued under Penal Code 26150 (county sheriff) or Penal Code 26155 (city police chief) authorizes concealed carry, but a long list of "sensitive places" in Penal Code 26230 is off limits to licensees, on top of separate state and federal location bans. Several parts of Penal Code 26230 have been challenged in court and the enforceable scope has shifted more than once, so you must confirm the current status before you rely on any single rule below.
This section is about where a licensee may not carry. It is not legal advice. California firearm law changes often and is heavily litigated. Verify the current status of any restriction with the California Department of Justice and a qualified attorney before you carry.
In 2022 the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1, which struck down discretionary "proper cause" or "good cause" permit standards and set out a history-and-tradition test for firearm regulations. California responded with Senate Bill 2 (Portantino), signed September 26, 2023. SB 2 removed the old "good cause" requirement, raised and tightened licensing standards, and added Penal Code 26230, a long list of sensitive places where a licensee may not carry. Penal Code 26230 took effect January 1, 2024.
Penal Code 26230 was promptly challenged. The result is that the precise list of places where the ban is currently enforceable has changed over time and is still being litigated. Read the litigation status below carefully.
Penal Code 26230, subdivision (a), lists the sensitive places. Paragraphs (1) through (26) name specific categories, and paragraphs (27) through (29) are catch-alls for any other place barred by state, federal, or local law. The categories in subdivision (a) are:
For places of worship and private commercial establishments open to the public (paragraphs (22) and (26)), the statute flips the usual default. Carry is barred unless the operator posts a sign affirmatively allowing it. The sign must follow a uniform design prescribed by the Department of Justice and be at least four inches by six inches. Both of these provisions are currently enjoined, so that statutory default is not being enforced. For now the pre-SB 2 rule applies: a licensee may carry in a place of worship or a private commercial establishment open to the public unless the owner or operator affirmatively prohibits firearms, which a private owner may always do under property law. See the litigation status below.
Penal Code 26230 was challenged in May v. Bonta and Carralero v. Bonta. On December 20, 2023, the U.S. District Court for the Central District of California preliminarily enjoined many of the sensitive-place categories. On appeal, the Ninth Circuit in Wolford v. Lopez (a consolidated California and Hawaii appeal, decided September 6, 2024) reversed the injunction in large part. Effective January 23, 2025, that reversal restored enforcement of most of the categories.
According to the California Department of Justice Division of Law Enforcement Information Bulletin 2025-DLE-06 (dated March 27, 2025), the status is as follows.
Eleven categories were never enjoined and have been enforceable the whole time: school zones; preschools and childcare facilities; state executive and legislative branch buildings; court buildings; local government buildings; detention and correctional facilities; colleges and universities; airports and passenger vessel terminals; Nuclear Regulatory Commission property; police stations; and polling places. (Penal Code 26230, subds. (a)(1) through (6), (14), (18), (21), (24), and (25).)
Nine more categories became enforceable again effective January 23, 2025, after the Ninth Circuit reversed the injunction as to them: bars and restaurants that serve alcohol; playgrounds and youth centers; parks, athletic areas, and athletic facilities; most Parks and Recreation and Fish and Wildlife land; casinos and gambling establishments; stadiums and arenas; public libraries; amusement parks; and zoos and museums. (Penal Code 26230, subds. (a)(9), (11) through (13), (15) through (17), (19), and (20).)
That makes 20 of the 26 enumerated sensitive places currently in effect.
Six categories remain enjoined under the December 20, 2023 preliminary injunction and are not currently enforceable against licensees:
This is a preliminary injunction, not a final ruling, and the case is ongoing. Enforcement of any of these six could change as the litigation continues. Do not treat an enjoined provision as permanently void, and do not treat a currently enforceable provision as settled forever. Confirm the current status with Information Bulletin 2025-DLE-06, any later bulletin, and the California Attorney General firearms page at oag.ca.gov/firearms before you carry.
A practical caution: even where paragraph (26) is enjoined, a private property owner can still bar firearms under ordinary property rights. If a business tells you to leave or posts a no-firearms sign, respect it. Refusing can support a trespass charge regardless of the carry statute.
Penal Code 26230 itself builds in limited carve-outs for transport and parking, found in subdivisions (b) through (f) of the current version (as amended by AB 1078, effective January 1, 2026):
Several California prohibitions predate Penal Code 26230 and apply on their own terms.
Gun-Free School Zone Act, Penal Code 626.9. It is a crime to possess a firearm in a school zone, meaning on the grounds of, or within 1,000 feet of, a K-12 public or private school. A valid CCW licensee is exempt only in the 1,000-foot zone outside the actual school. The exemption does not let a licensee carry inside any building, real property, or parking area controlled by the school, or on the street or sidewalk immediately adjacent to it. (Penal Code 626.9, subds. (c)(5) and (e)(4).) Possession on the grounds of a K-12 school is punishable by imprisonment for two, three, or five years. Possession within 1,000 feet of school grounds is punishable by up to one year in county jail, or by two, three, or five years if aggravating factors apply. (Penal Code 626.9, subd. (f).) Penal Code 626.9 also separately bars bringing a loaded firearm onto a college or university campus without written permission from the institution.
Courtrooms and public meetings, Penal Code 171b. Unauthorized persons may not bring or possess a firearm in a courtroom, courthouse, court building, or any meeting required to be open to the public, including state and local public buildings where access is controlled.
State Capitol and government offices, Penal Code 171c (and 171d, 171e). Unauthorized persons may not bring or possess a loaded firearm in or on the grounds of the State Capitol, any legislative office, any office or residence of the Governor or another constitutional officer, any Senate or Assembly hearing room, or the Governor's Mansion. A firearm is treated as loaded when the firearm and its unexpended ammunition are in the same person's immediate possession.
Airport and transit sterile areas, Penal Code 171.5 and 171.7. It is a crime to possess a firearm or ammunition in a sterile or secured area of an airport (past TSA screening) or of a passenger vessel terminal or public transit facility. State and federal law generally bar carrying any firearm or ammunition aboard a commercial passenger aircraft, train, ship, or bus. Always arrange transport with the carrier in advance. (Penal Code 171.5, 171.7.)
Federal prohibitions apply in California no matter what state litigation does to Penal Code 26230.
| Location | Authority |
|---|---|
| Federal facilities (buildings where federal employees work) | 18 U.S.C. 930 |
| Federal court facilities | 18 U.S.C. 930(e) |
| Secured area of an airport beyond the screening checkpoint, and aboard aircraft | 49 U.S.C. 46505 |
| K-12 school zones (within 1,000 feet) | Gun-Free School Zones Act, 18 U.S.C. 922(q) |
| Post offices and postal property | 39 C.F.R. 232.1 |
| Military installations | federal law and installation rules |
A note on the federal school zone: 18 U.S.C. 922(q)(2)(B)(ii) exempts a person licensed by the state to carry, where the state verifies the person's qualifications. A California CCW license qualifies for that federal exemption. California's own Penal Code 626.9, however, is narrower, so a licensee remains barred from the actual school grounds and the immediately adjacent sidewalk under state law, as described above.
Possessing a firearm in a federal facility under 18 U.S.C. 930(a) is punishable by a fine and up to one year of imprisonment, and up to two years for a federal court facility under 18 U.S.C. 930(e). Carrying a concealed accessible weapon on or attempting to board an aircraft under 49 U.S.C. 46505(b) is a felony punishable by up to ten years of imprisonment.
Some people are not bound by the sensitive-place restrictions, generally including:
These exemptions are specific and narrow. Do not assume one applies to you. Confirm the exact statute that covers your situation.
Penal Code 26230 does not itself set a separate criminal penalty for a licensee who carries in a sensitive place. Instead, carrying in a barred location is not authorized by the license, so the licensee loses the protection the license otherwise provides and may be prosecuted under the general unlawful-carry statutes: carrying a concealed firearm (Penal Code 25400) or carrying a loaded firearm in public (Penal Code 25850).
A first offense of carrying a concealed firearm under Penal Code 25400, with no aggravating factors, is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. (Penal Code 25400, subd. (c)(7).) It becomes a felony when the firearm is stolen, the person is a prohibited person or a gang participant, or the person is otherwise not in lawful possession, and it can be charged as a wobbler in other listed circumstances. (Penal Code 25400, subd. (c)(1) through (6).) A violation in a federal facility or school zone, or aboard an aircraft, carries its own federal or state penalty as noted above. A licensee who violates Penal Code 26230 also risks revocation of the CCW license by the issuing authority.
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.
Under California Penal Code section 25400, a person carries a concealed firearm when the person does any of the following:
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)).
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).
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:
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.
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.
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:
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.
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.
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.
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.
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:
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.
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.
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.
| Conduct | Statute | Grade |
|---|---|---|
| Carrying a concealed firearm (including in a vehicle) | Penal Code 25400 | Misdemeanor up to 1 year and/or $1,000; felony or wobbler in 25400(c) circumstances |
| Carrying a loaded firearm in public or in a vehicle | Penal Code 25850 | Misdemeanor up to 1 year and/or $1,000; felony or wobbler in 25850(c) circumstances |
| Leaving a handgun in an unattended vehicle without securing it as required | Penal Code 25140 | Infraction; fine up to $1,000 |
| Openly carrying an unloaded long gun in public | Penal Code 26400 | Misdemeanor; up to 1 year and/or $1,000 in the aggravated case in 26400(b)(2) |
| Statute | Subject |
|---|---|
| Penal Code 25400 | Crime of carrying a concealed firearm, including within a vehicle |
| Penal Code 25850 | Crime of carrying a loaded firearm in public or in a vehicle |
| Penal Code 25610 | Transport exemption for an unloaded handgun (trunk or locked container) |
| Penal Code 25140 | Securing a handgun left in an unattended vehicle (trunk or locked container out of plain view) |
| Penal Code 16850 | Definition of "locked container" (excludes utility and glove compartment) |
| Penal Code 26045 | Loaded-carry exception for immediate, grave danger |
| Penal Code 30945 | Possession and transport conditions for registered assault weapons and .50 BMG rifles |
| Penal Code 26150 / 26155 | Carry license issued by county sheriff or city police chief (resident pathway in subd. (a), non-resident pathway in subd. (b), format in subd. (c)) |
| Penal Code 26230 | Sensitive places where a licensee may not carry (most categories enforceable after May v. Bonta; six remain enjoined) |
| 18 U.S.C. 926A | Federal interstate safe-passage transport rule |
California does not honor any other state's concealed carry permit. To carry a concealed handgun in California you must hold a California Carry Concealed Weapon (CCW) license. A California CCW, in turn, is recognized in roughly half the country, mostly in states that allow permitless carry for any qualifying adult rather than because those states formally recognize a California license.
If you hold a California CCW and you travel, verify each destination state's current rules before you cross the line. Reciprocity changes often, and a state that recognized your license last year may not today.
The California Department of Justice Firearms Public FAQ states the rule directly:
"No. CCW licenses/permits issued in other states are not valid in California."
"California law does not honor or recognize CCW licenses issued outside this state." (Pen. Code, Sections 25400-25700, 26150-26225.)
There is no out-of-state permit, nonresident permit, or "constitutional carry" status that lets a visitor carry a concealed or loaded handgun in California. The only path to lawful concealed carry in California is a California CCW issued by a county sheriff under Penal Code 26150 or by a city police chief under Penal Code 26155. California residents apply under subdivision (a) of those statutes. Non-California residents are not shut out: subdivision (b) of both Penal Code 26150 and Penal Code 26155 provides a non-resident application pathway. Under it, a nonresident may apply to the county sheriff or the city police chief, subject to the disqualifier standards of Penal Code 26202 and the comparable laws of the applicant's home state, plus proof of age, identity, training, and live-fire qualification. This non-resident pathway was restructured into subdivision (b) by AB 1078 (Stats. 2025, Ch. 570), effective January 1, 2026. See Permit Basics for the application details.
A person who carries a concealed firearm in California without a California license risks prosecution under Penal Code 25400. If the firearm is loaded and carried in public, the charge is Penal Code 25850. Both offenses are "wobblers" or felonies depending on the offender and circumstances. In the ordinary case with no aggravating factor, a violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both (Penal Code 25400(c)(7); Penal Code 25850(c)(7)). The offense becomes a felony where, for example, the person has a prior felony conviction, the firearm is stolen, or the person is otherwise prohibited from possessing firearms (Penal Code 25400(c)(1)-(4); Penal Code 25850(c)(1)-(4)).
A California CCW issued on the basis of your residence is a state license, not a county pass, so it lets you carry throughout California, subject to the statewide restrictions below. The license is issued in one of two formats under Penal Code 26150(c) and Penal Code 26155(c): a standard license to carry concealed (subdivision (c)(1)), or, in a county with a population under 200,000, a license to carry loaded and exposed in that county only (subdivision (c)(2)). Two further limits in the statute are worth knowing:
Even with a valid California CCW, you may not carry in the long list of "sensitive places" set out in Penal Code 26230, which took effect January 1, 2024 under Senate Bill 2. The statute lists more than two dozen categories, but not all of them are currently being enforced. After the December 20, 2023 preliminary injunction in May v. Bonta and Carralero v. Bonta, the Ninth Circuit reversed that injunction in large part, and its mandate took effect January 23, 2025. The court did not stay the injunction. It reversed the injunction as to most categories, which made those categories enforceable again.
As a result, about 20 of the 26 sensitive-place categories are currently enforceable. These include schools and school zones, government and court buildings, bars and places that serve alcohol (Penal Code 26230(a)(9)), playgrounds and youth centers (a)(11), parks and athletic areas (a)(12), 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.
Six categories remain enjoined and are not being enforced pending further appeal: hospitals and medical facilities (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 no-carry rule for any privately owned commercial establishment open to the public that has not posted a sign allowing carry (a)(26). Do not treat those six as operative restrictions while the injunction stands, and check the current status before relying on any version of the list. See Prohibited Places for detail.
Whether another state recognizes your California license depends entirely on that state's law, not on California's. Some states extend formal recognition to a California CCW. Many more simply allow any qualifying adult to carry without a permit, so your California license is not needed there at all (though that state's own possession, storage, and sensitive-place rules still apply to you).
Because recognition is set by each destination state and changes frequently, the safest approach is to confirm status on the destination state's Attorney General website immediately before you travel rather than relying on any list. As a general pattern, the restrictive-permit states (for example Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, Oregon, and Washington) do not honor a California CCW. Some states that do recognize out-of-state licenses limit recognition to a license issued by the holder's state of residence, which means only a resident California CCW would qualify and a California nonresident license would not.
This is reciprocity in the outbound direction only. None of it changes the rule that out-of-state permits are invalid inside California.
Qualified active and qualified retired law enforcement officers may carry a concealed firearm across state lines under the federal Law Enforcement Officers Safety Act. The authority for active officers is 18 U.S.C. 926B and for qualified retired officers is 18 U.S.C. 926C. LEOSA is a federal carry authority that operates independently of state CCW reciprocity; it is not a California exemption. California does not run a single statewide LEOSA qualification program for retired officers, so a retiree's qualifying credential and required annual firearms qualification are handled through the officer's agency or another authorized entity. LEOSA does not override the federal sensitive-place limits built into the statute itself, and it does not authorize carry where 926B or 926C exclude it.
If you move from the county that issued your California CCW, the change-of-residence rules apply. You must notify the licensing authority in writing within 10 days of the move (Penal Code 26210(b)). If your residence was the basis for issuance, the license expires 90 days after you move from the county of issuance (Penal Code 26210(d)). Moving out of California therefore ends the practical life of a residence-based California CCW within that 90-day window, and California offers no carry recognition once you are a resident elsewhere. Apply for the new state's permit when you establish residency there. For a move between California counties, follow the same 10-day notice procedure; a residence-based license is not revoked solely because you moved to another county, provided you remain eligible (Penal Code 26210(c)). See Permit Basics.
| Statute | Subject |
|---|---|
| Penal Code 25400 | Carrying a concealed firearm without a license |
| Penal Code 25850 | Carrying a loaded firearm in public without a license |
| Penal Code 26150 | County sheriff issuance of a CCW (resident under subdivision (a), nonresident under subdivision (b), license format under subdivision (c)) |
| Penal Code 26155 | City police chief issuance of a CCW (resident under subdivision (a), nonresident under subdivision (b), license format under subdivision (c)) |
| Penal Code 26165 | Required training course for a CCW |
| Penal Code 26202 | Disqualifying conditions for a CCW |
| Penal Code 26210 | Change of address; 10-day notice; 90-day expiration after moving from the county of issuance |
| Penal Code 26220 | License term limits; county-only validity for business-based licenses |
| Penal Code 26230 | Sensitive places where a licensee may not carry (effective Jan. 1, 2024; the Ninth Circuit reversed the December 2023 injunction in large part, mandate effective Jan. 23, 2025; six categories remain enjoined) |
| 18 U.S.C. 926B | LEOSA carry by qualified active law enforcement officers |
| 18 U.S.C. 926C | LEOSA carry by qualified retired law enforcement officers |
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.
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:
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.
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.
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:
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.
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.
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:
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.
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.
| Statute | Subject |
|---|---|
| Penal Code 197 | Justifiable homicide by any person (the foundational civilian self-defense statute) |
| Penal Code 198 | Bare fear is insufficient; circumstances must be sufficient to excite the fears of a reasonable person |
| Penal Code 198.5 | Rebuttable presumption of reasonable fear when defending the residence against an unlawful, forcible entry |
| Penal Code 199 | A homicide found justifiable or excusable results in full acquittal and discharge |
| Penal Code 243(f)(4) | Definition of serious bodily injury |
| Penal Code 835a | Peace-officer use-of-force standard (AB 392 of 2019); applies to officers, not civilians |
| Labor Code 6401.9 | Lawful self-defense and defense of others are excluded from "workplace violence" |
| CALCRIM 505 / 506 / 3470 / 3471 / 3474 / 3475 | Jury instructions for self-defense, defense of others, no duty to retreat, regained right of self-defense, end of the right when danger passes, and defense of property |
| Case | Principle |
|---|---|
| People v. Ceballos (1974) 12 Cal.3d 470 | Defines forcible and atrocious crime |
| People v. Humphrey (1996) 13 Cal.4th 1073 | The ultimate question is whether a reasonable person would believe in the need to use deadly force to prevent imminent harm |
| People v. Horn (2021) 63 Cal.App.5th 672 | Reaffirms the reasonable-person standard for self-defense |
| District of Columbia v. Heller (2008) 554 U.S. 570 | Individual right to keep and bear arms for self-defense |
| New York State Rifle & Pistol Ass'n v. Bruen (2022) 597 U.S. 1 | Right to carry a handgun for self-defense outside the home |
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.
California does not have a statutory "Stand Your Ground" law. Instead, the state's self-defense framework comes from a combination of statute (chiefly Penal Code 197, 198, and 198.5), standard jury instructions (CALCRIM), and case law. There is no pretrial "immunity hearing" in California. A claim of self-defense is decided by the jury at trial, not dismissed by a judge beforehand.
Two ideas often get blended together in everyday conversation: the "Castle Doctrine," which gives a homeowner a legal presumption when force is used against a home intruder, and "no duty to retreat," which California recognizes through its jury instructions rather than through a Stand Your Ground statute. Both apply in California, but they come from different sources and work differently from how they operate in true Stand Your Ground states.
California's Castle Doctrine is codified at Penal Code 198.5. The statute provides that any person who uses force intended or likely to cause death or great bodily injury within their own 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 that force is used against a person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, and the person using the force knew or had reason to believe that the unlawful and forcible entry occurred.
The statute defines "great bodily injury" as a significant or substantial physical injury.
Read together with the standard jury instruction on this presumption (CALCRIM No. 3477), the presumption requires:
Two important limitations:
Penal Code 197 sets out when a homicide by a private person is justifiable. The statute lists four situations:
Penal Code 197 was last amended by Stats. 2016, Ch. 50 (SB 1005), effective January 1, 2017.
Bare fear is not enough (Penal Code 198). Penal Code 198 makes clear that a bare fear of one of the offenses described in subdivisions 2 and 3 of Section 197 is not sufficient to justify a homicide. The circumstances must be sufficient to excite the fears of a reasonable person, and the person who killed must have acted under the influence of those fears alone. This is the statutory anchor for California's reasonableness requirement.
California is not a statutory Stand Your Ground state, but its standard jury instructions tell juries there is no duty to retreat before using force in lawful self-defense.
Because these principles come from case law and jury instructions rather than a Stand Your Ground statute, they apply at trial. They do not create the kind of pretrial immunity or civil immunity that some other states provide by statute.
California self-defense law generally requires all of the following:
Initial aggressor limitation (CALCRIM No. 3471). A person who starts or provokes a fight generally cannot claim self-defense unless they actually and in good faith tried to stop fighting, communicated that intent, and gave the other person a chance to stop, or unless the opponent suddenly escalated a simple fight into one involving deadly force.
Imperfect self-defense (CALCRIM No. 571). If a person actually but unreasonably believed deadly force was necessary, the killing is not justified, but the charge may be reduced from murder to voluntary manslaughter.
The Castle Doctrine protects people defending a home. A separate statute protects homes from being fired upon. Penal Code 246 makes it a felony to maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, or inhabited camper. A related offense, Penal Code 246.3, makes it a crime to willfully discharge a firearm in a grossly negligent manner that could result in injury or death.
| Feature | Statutory Stand Your Ground states (e.g. Florida) | California |
|---|---|---|
| Source of "no retreat" rule | Statute | Case law plus jury instructions (CALCRIM 505, 3470) |
| Pretrial immunity hearing | Often yes | No. Self-defense is decided at trial |
| Civil immunity | Often provided by statute | No statutory civil immunity |
| Home-intruder presumption | Yes | Yes (Penal Code 198.5) |
| Duty to retreat | None | None, per jury instructions |
Even after a person is cleared in a criminal case on self-defense grounds, California provides no automatic shield against a separate civil lawsuit for wrongful death or injury.
California's self-defense rules apply the same way whether or not a person holds a concealed carry weapon (CCW) license. A license controls where and how a person may carry. It does not change when force may lawfully be used.
That said, a CCW holder should understand how carry law interacts with self-defense:
California treats burglary of an inhabited dwelling as a grave offense, which reinforces the policy behind the Castle Doctrine. First-degree (residential) burglary is classified as a "serious felony" under Penal Code 1192.7(c), and residential burglary committed while another person other than an accomplice is present is treated as a "violent felony" under Penal Code 667.5(c). These classifications underscore how seriously the state regards home invasion.
| Statute | Subject |
|---|---|
| Penal Code 196 | Justifiable homicide by public officers |
| Penal Code 197 | Justifiable homicide (defense of habitation, person, and felony prevention) |
| Penal Code 198 | Bare fear insufficient. Circumstances must excite the fears of a reasonable person |
| Penal Code 198.5 | Presumption of reasonable fear for force against a home intruder |
| Penal Code 246 | Felony to discharge a firearm at an inhabited dwelling |
| Penal Code 246.3 | Grossly negligent discharge of a firearm |
| Penal Code 1192.7(c) | First-degree burglary listed as a serious felony |
| Penal Code 667.5(c) | Violent felony list (residential burglary with a non-accomplice present) |
| Penal Code 26230 | Sensitive places where a CCW licensee may not carry (litigation ongoing) |
Disclaimer: This summary describes California statutes (Penal Code 197, 198, 198.5, 246, and others) and standard CALCRIM jury instructions (505, 506, 3470, 3471, 3477, 571). The sensitive-place rules in Penal Code 26230 are the subject of active litigation (May v. Bonta, Carralero v. Bonta, and the related Ninth Circuit proceedings), and the enforceable scope has changed during that litigation. This content is for general information only, is not legal advice, and may not reflect the most recent court orders. Consult the current statutory text and qualified California counsel before relying on any specific provision.
California does not have a statewide statutory duty requiring a concealed carry weapon (CCW) license holder to proactively tell a law enforcement officer that they are armed during a traffic stop or other encounter. No provision of the California Penal Code commands a licensee to volunteer that they are carrying a concealed firearm the moment an officer makes contact.
That said, California law does impose a responsive duty. A licensee must carry the license on their person while carrying, and must display the license and hand over the firearm for inspection when a peace officer demands it. Those obligations live in Penal Code 26200, not in a separate duty-to-inform statute. The distinction matters: you are not required to announce your CCW status unprompted, but you must comply if an officer asks to see the license or inspect the gun.
The two operative obligations both come from Penal Code 26200(a), which lists conduct a licensee may not engage in while carrying under a license:
Note what these provisions do not say. They do not require you to initiate disclosure. The duty is triggered by the officer's demand, not by the encounter itself.
A separate provision reinforces the inspection point for any loaded firearm in public, licensed or not. Under Penal Code 25850(b), peace officers are authorized to examine any firearm carried on the person or in a vehicle in a public place, and "refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest." So even apart from the license conditions, refusing a firearm inspection in public carries direct legal consequence.
California is not a "stop and identify" state. There is no general statute compelling a person to identify themselves to law enforcement absent a lawful arrest or a statute requiring it in a specific context (such as producing a driver license during a traffic stop). However, falsely identifying yourself is a crime. Under Penal Code 148.9, falsely representing yourself as another or a fictitious person to a peace officer upon a lawful detention or arrest is a misdemeanor. The takeaway for a CCW holder is narrow: you generally are not required to volunteer information, but you cannot lie about your identity, and you must produce the CCW license and firearm for inspection when an officer demands it under Penal Code 26200(a)(9).
California's CCW licensing scheme runs from Penal Code 26150 through 26225 (the chapter beginning at Section 26150). The framework was overhauled by Senate Bill 2 (2023) and further restructured by Assembly Bill 1078 (Stats. 2025, Ch. 570), effective January 1, 2026. None of these sections creates a statewide proactive duty to inform.
Senate Bill 2, signed in 2023 and effective January 1, 2024, rewrote California's licensing standard after Bruen and added a long list of "sensitive places" where a licensee may not carry, codified at Penal Code 26230. SB 2 did not add a statewide duty to inform.
Penal Code 26230(a) lists 26 categories of locations a licensee may not carry on or into. Not all of them are currently enforceable. A December 20, 2023 preliminary injunction from the United States District Court for the Central District of California (May v. Bonta and Carralero v. Bonta) blocked enforcement of much of the list. On appeal, the Ninth Circuit did not stay that injunction. It reversed the injunction in large part. With the Ninth Circuit's mandate effective January 23, 2025, 20 of the 26 categories are now in effect and 6 remain enjoined. The California Department of Justice confirmed this status in Information Bulletin 2025-DLE-06.
Categories currently in effect (enforceable). These include the never-enjoined places: schools and places prohibited by Penal Code 626.9 (a)(1), preschools and childcare facilities (a)(2), state executive and legislative branch buildings (a)(3), court buildings (a)(4), local government buildings (a)(5), detention and correctional facilities (a)(6), colleges and universities (a)(14), airports and passenger vessel terminals (a)(18), Nuclear Regulatory Commission property (a)(21), law enforcement stations (a)(24), and polling places (a)(25). They also include the categories the Ninth Circuit allowed back into force on January 23, 2025: bars and establishments serving alcohol for on-site consumption (a)(9), playgrounds and youth centers (a)(11), parks and athletic areas or facilities (a)(12), most Department of Parks and Recreation and Department of Fish and Wildlife land (a)(13), casinos and gambling establishments (a)(15), stadiums and arenas (a)(16), public libraries (a)(17), amusement parks (a)(19), and zoos and museums (a)(20).
Categories currently enjoined (not being enforced pending further appeal). Six categories remain subject to the December 20, 2023 injunction and are not currently enforceable:
Because the six enjoined categories are still on appeal, their status can change. Do not treat an enjoined category as an operative rule, and confirm the current status of Penal Code 26230 before relying on any single subdivision.
Beyond the statewide rules in Penal Code 26200(a), Penal Code 26200(b) authorizes the issuing authority to add "any reasonable restrictions or conditions that the licensing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry." Any such restriction must be indicated on the license itself (Penal Code 26200(c)). This is the legal basis for the post-encounter reporting and notification conditions that some sheriffs and police chiefs attach to their licenses.
These local conditions vary by jurisdiction and are not uniform across the state. Some agencies, for example, require a licensee to notify the CCW unit within a set number of days after any law enforcement contact while armed, to report a change of address or name, or to report any arrest or restraining order. The specific timeframes, methods, and triggers are set by each agency's own policy, can change, and are not fixed by statute. Confirm the exact conditions printed on your own license and published by your issuing agency rather than assuming a particular rule applies.
A breach of any condition or restriction set under Penal Code 26200 is grounds for revocation. Penal Code 26195(b)(1)(B) directs the local licensing authority to revoke a license if the licensee "has breached any of the conditions or restrictions set forth in or imposed in accordance with Section 26200."
Separate from any disclosure issue, carrying concealed without a valid license is a crime under Penal Code 25400. In the default case (Penal Code 25400(c)(7)), the offense is a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. It becomes a felony where aggravating circumstances apply, such as a prior felony conviction, a stolen firearm the carrier knew or should have known was stolen, active criminal street gang participation, or the carrier being a person prohibited from possessing a firearm (Penal Code 25400(c)(1) to (c)(4)). Carrying a loaded firearm in public without authorization is separately punishable under Penal Code 25850. Keeping your license valid and on your person is what keeps these offenses off the table.
California is a licensed shall-issue carry state. A person who wants to carry a concealed firearm in public must obtain a California Carry Concealed Weapon (CCW) license. The license is issued by the sheriff of the applicant's county under Penal Code 26150, or by the chief or other head of a municipal police department under Penal Code 26155, or by either one where the two agencies have an agreement to process applications. Carrying a concealed firearm without a license is a crime under Penal Code 25400, and carrying a loaded firearm in public without a license is a crime under Penal Code 25850.
Every CCW applicant, whether applying for a new license or a renewal, must complete a course of training before the license is issued. The minimum requirements for that course are set by Penal Code 26165. The current version of Penal Code 26165 took effect on January 1, 2024 as part of Senate Bill 2 (SB 2), the legislation California enacted after New York State Rifle and Pistol Association v. Bruen (2022). SB 2 substantially expanded the required training and created a state Department of Justice (DOJ) instructor certification framework.
One sequencing point matters. Under Penal Code 26202, subdivision (d)(1), the licensing authority first makes an initial determination, within 90 days of a completed application, of whether the applicant is a disqualified person. Only after the applicant clears that initial determination does the applicant proceed with the training requirements of Penal Code 26165. Consistent with this, Penal Code 26165, subdivision (e), provides that an applicant is not required to pay for any training course before that initial disqualification determination is made.
The training course must include instruction on all of the following topics (Penal Code 26165, subd. (a)(2)):
The course must include a component, no less than one hour in length, on mental health and mental health resources (Penal Code 26165, subd. (a)(3)). This is the only portion of the course that may be taught by a person who is not a DOJ certified firearms instructor.
Except for the mental health component, the course must be taught and supervised by firearms instructors certified by the California DOJ pursuant to Penal Code 31635, or in a manner prescribed by regulation (Penal Code 26165, subd. (a)(4)). The DOJ has implemented this through the CCW Program DOJ Certified Instructor framework in the California Code of Regulations, title 11, section 4410 and following sections.
The course must require students to pass a written examination demonstrating their understanding of the covered topics (Penal Code 26165, subd. (a)(5)). The examination tests understanding of the subjects listed in subdivisions (a)(2) and (a)(3).
The course must include live-fire shooting exercises on a firing range and a demonstration by the applicant of safe handling of, and shooting proficiency with, each firearm the applicant is applying to be licensed to carry (Penal Code 26165, subd. (a)(6)). Each issuing authority must establish, and make available to the public, the standards it uses for the required live-fire exercises, including a minimum number of rounds to be fired and minimum passing scores from specified firing distances (Penal Code 26165, subd. (b)).
Applicants must obtain a certificate or proof of completion from an approved course before the license is issued. Because the live-fire standards and the lists of acceptable courses are set locally, approved-instructor and approved-course information is maintained by the individual issuing authority (county sheriff or city police chief).
Effective January 1, 2024, an instructor who teaches the Penal Code 26165 course (other than the standalone mental health component) must be a CCW Program DOJ Certified Instructor. The requirements below come from the DOJ Bureau of Firearms and the California Code of Regulations, title 11, section 4410.
The applicant must submit a copy of an active or unexpired training certification from one of the following (Cal. Code Regs., tit. 11, sec. 4410, subd. (c)):
Within six months before submitting the application, both initial and renewal instructor applicants must pass a live-fire shooting qualification course on a firing range. The shooting course must be administered by someone certified by one of the following (Cal. Code Regs., tit. 11, sec. 4410, subd. (d)):
Conflict of interest rule: An applicant may not administer their own shooting qualification (Form BOF 1034, Rev. 02/2024).
The Firearm Safety Certificate (FSC) Program is separate from the CCW Program. Being certified as an FSC Program DOJ Certified Instructor does not automatically qualify a person as a CCW Program DOJ Certified Instructor. A person may apply for certification under either program, or both, independently. An existing FSC instructor certification was not ended by the January 1, 2024 CCW instructor requirements.
Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is certified as a Firearms Instructor by POST may provide the Penal Code 26165 course without applying for DOJ certification. Reserve peace officers appointed under Penal Code 830.6 do not qualify for this exemption (Cal. Code Regs., tit. 11, sec. 4412).
A CCW Program DOJ Certified Instructor's certification will be revoked for any of the following (Cal. Code Regs., tit. 11, sec. 4411, subds. (a)-(b)):
Any person may notify the DOJ if they believe a certified instructor's certification should be revoked, stating the supporting facts and providing any relevant documents or evidence. Replacement instructor certificates are available at no cost by emailing [email protected].
Training is one of several conditions for a CCW license. To be issued a license under Penal Code 26150 or 26155, an applicant must, among other things:
Penal Code 26202 sets out the objective disqualifiers that replaced the discretionary "good cause" and "good moral character" standards used before Bruen and SB 2. They include, among others, being reasonably likely to be a danger to self, others, or the community; certain restraining or protective orders that have not expired or been canceled more than five years before the completed application (Penal Code 26202, subd. (a)(3)); specified recent convictions or charges; current abuse of, or recent custody, probation, or parole connected to, controlled substances or alcohol; and certain firearm loss or reporting failures. The licensing authority must also conduct an investigation that includes an in-person interview and character reference interviews (Penal Code 26202, subd. (b)). A full treatment of these disqualifiers appears in the Permit Basics section.
The standard CCW license is valid for a period not to exceed two years from the date of issuance (Penal Code 26220, subd. (a)); shorter or longer terms apply to employment-based licenses, judges, and certain officers. The licensing authority must give written notice approving or denying the application within 120 days of a completed application, or 30 days after receiving the DOJ report, whichever is later (Penal Code 26205, subd. (a)).
| Statute | Subject |
|---|---|
| Penal Code 25400 | Crime of carrying a concealed firearm without a license |
| Penal Code 25850 | Crime of carrying a loaded firearm in public without a license |
| Penal Code 26150 | CCW license issuance by county sheriff |
| Penal Code 26155 | CCW license issuance by city or municipal police chief |
| Penal Code 26165 | Minimum training course requirements (hours, content, mental health, instructor, written exam, live-fire) |
| Penal Code 26190 | Application and processing fees; psychological assessment cost |
| Penal Code 26195 | License barred or revoked for firearm-prohibited persons |
| Penal Code 26202 | Objective disqualifying conditions; 90-day initial determination |
| Penal Code 26205 | 120-day notice of approval or denial |
| Penal Code 26220 | License validity term (standard up to two years) |
| Penal Code 31635 | DOJ firearms-instructor certification standards referenced by 26165(a)(4) |
| Senate Bill 2 (2023) | Revised CCW licensing and training, effective January 1, 2024 |
| Cal. Code Regs., tit. 11, sec. 4410 | CCW Program DOJ Certified Instructor application requirements |
| Cal. Code Regs., tit. 11, sec. 4411 | Grounds for instructor certification revocation |
| Cal. Code Regs., tit. 11, sec. 4412 | Peace officer exemption from the instructor application process |
| Cal. Code Regs., tit. 11, sec. 4045.1 | Documentation for "FEDERAL LIMITS APPLY" identification |
This content is for general informational purposes only and is not legal advice. Verify all requirements with your local issuing authority and the California DOJ Bureau of Firearms.
California is a licensed carry state, not a permitless or constitutional carry state. A license is required to carry a handgun concealed in public (Penal Code 25400) and to carry a loaded firearm in most public places (Penal Code 25850). Open carry of a handgun in public is generally prohibited (Penal Code 26350), and open carry of a long gun in public is prohibited (Penal Code 26400), so the CCW license is the primary lawful path to carrying a firearm for self-defense in public.
The licensing framework runs from Penal Code 26150 through 26230. Applications are submitted to either the county sheriff (Penal Code 26150) or the chief or other head of a municipal police department (Penal Code 26155). Each licensing authority must publish and make available a written policy summarizing Penal Code 26150 and subdivisions (a) and (b) of 26155 (Penal Code 26160).
This area of law changed substantially after the U.S. Supreme Court decision in New York State Rifle and Pistol Association v. Bruen (2022), which struck down "good cause" discretionary licensing. California responded with Senate Bill 2 (Stats. 2023, Ch. 249, effective January 1, 2024), which removed good cause, rewrote the eligibility standards, added a detailed disqualifier list, increased the training requirement, and created a long list of "sensitive places" at Penal Code 26230. The licensing statutes were amended again by Assembly Bill 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, which is the version described below.
To receive or renew a CCW license, an applicant must meet all of the following:
Because the statute now uses the word "shall" issue upon proof of these elements, California operates as a shall-issue state. The licensing authority retains discretion only over the investigation, the disqualifier determination, and reasonable conditions on the license (Penal Code 26200(b)).
Penal Code 26202 sets out the standards for deciding whether an applicant is a disqualified person. An applicant is disqualified if any one or more of the following apply, unless a court determines otherwise under Penal Code 26206:
If the licensing authority makes a final determination that the applicant is a disqualified person under 26202(a)(8) (unlawful drug use), it must report the applicant to the National Instant Criminal Background Check System within five days (Penal Code 26202(f)).
Applications are uniform statewide on forms prescribed by the Attorney General (Penal Code 26175(a)). In practice the California Department of Justice publishes the Standard Initial and Renewal Application for a License to Carry a Concealed Weapon (commonly the BOF 4012 series), which licensing authorities may also offer through online portals. The application requires identifying information, criminal and mental health history disclosures, and the names and contact information of three references, at least one of whom must be a person described in Penal Code 273.5(b) and at least one of whom must be the applicant's cohabitant, if applicable (Penal Code 26175(c)). The applicant must attest to the truth of the statements in the application (Penal Code 26175(f)).
Residents must present clear evidence of identity and age (Penal Code 26150(a)(2), 26155(a)(2)) and must be a resident of the county or city to which they apply. Prima facie evidence of residency includes voter registration address and a homeowner's property tax exemption filing, and the presumption can be rebutted by evidence that the primary residence is elsewhere (Penal Code 26150(a)(3), 26155(a)(3)).
The licensing authority must conduct an investigation meeting the minimum requirements of Penal Code 26202(b), which include:
Within 90 days of receiving the completed application, the licensing authority must give the applicant written notice of its initial determination of whether the applicant is a disqualified person (Penal Code 26202(d)). If the initial determination is that the applicant is not disqualified, the notice directs the applicant to proceed with the training requirement and the authority then submits fingerprints or the renewal notification to the Department of Justice (Penal Code 26202(d)(1)). If the determination is that the applicant is disqualified, the notice states the reason and informs the applicant of the right to a court hearing under Penal Code 26206 (Penal Code 26202(d)(2)).
Upon the initial non-disqualified determination, the licensing authority submits the applicant's fingerprint images and related information to the Department of Justice, which determines whether the applicant is prohibited by state or federal law from possessing a firearm (Penal Code 26185). No new license may issue unless the Department confirms the applicant's eligibility (Penal Code 26185(a)(3)). Fingerprints are typically captured through Live Scan, and the cost of furnishing the background information is recovered through the fees described in Penal Code 26190.
For new applicants, the training course must be acceptable to the licensing authority and meet these statutory minimums (Penal Code 26165(a)):
Each licensing authority must publish the standards it uses for the live-fire exercises, including the minimum number of rounds and minimum passing scores at specified distances (Penal Code 26165(b)). A licensing authority may instead 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 applicants (Penal Code 26165(c)). For renewals, the course must be at least eight hours and satisfy paragraphs (2) through (6) of subdivision (a) (Penal Code 26165(d)).
An applicant is not required to pay for any training course before the initial determination of whether the applicant is a disqualified person (Penal Code 26165(e), referring to 26202(d)(1)). Note that the statute requires Department of Justice instructor certification under Penal Code 31635; particular brand credentials (for example USCCA, NRA, or POST instructor certifications) are accepted only insofar as the instructor also holds the required DOJ certification and the course meets the 26165 criteria. Applicants should confirm with their specific licensing authority which courses it accepts.
A licensing authority may require a psychological assessment. If it does, the applicant is referred to a licensed psychologist acceptable to the authority and may be charged the actual cost of the assessment, which may not exceed the licensing authority's reasonable costs (Penal Code 26190(e)). For renewals, an additional assessment is required only if there is compelling evidence of a public safety concern (Penal Code 26190(e)(2)).
A resident must be the Department of Justice recorded owner of each handgun for which the license will be issued (Penal Code 26150(a)(5), 26155(a)(5)). The issued license itself must describe each authorized firearm by manufacturer name, model, serial number, and caliber (Penal Code 26175(i)). A licensee may not carry more than two firearms under their control at one time (Penal Code 26200(d)), and may carry only firearms listed on the license (Penal Code 26200(a)(4)).
The licensing authority must give written notice approving or denying the license within 120 days of receiving the completed application, or within 30 days after receipt of the Department of Justice information, whichever is later (Penal Code 26205). If the license is denied, the notice must state which requirement was not satisfied (Penal Code 26205(b)). A denied applicant may request a hearing from a court under Penal Code 26206.
The issued license must set forth the licensee's full name, driver's license or identification number, date of birth, physical description, license type and issuance and expiration dates, the licensee's fingerprints and photograph, and a description of each authorized firearm (Penal Code 26175(i)). Records of issuance, denial, amendment, and revocation are maintained by the licensing authority and copies are filed with the Department of Justice (Penal Code 26225).
California has a general non-resident CCW pathway. Assembly Bill 1078 (Stats. 2025, Ch. 570, effective January 1, 2026) amended Penal Code 26150 and 26155 so that subdivision (b) of each statute now governs non-California-resident applications, under which a sheriff or police chief "shall" issue or renew a license to a non-resident who meets the conditions below. This codification followed a January 22, 2025 preliminary injunction in California Rifle and Pistol Association, Inc. v. Los Angeles County Sheriff's Department (No. 2:23-cv-10169-SPG, C.D. Cal.), which had earlier required some California authorities to accept non-resident applications. With AB 1078 in effect, the statutory standard, rather than the injunction alone, governs non-resident applications. Applicants should still verify current procedures with the specific California licensing authority.
A non-resident must satisfy all of the following (Penal Code 26150(b), 26155(b)):
Because the non-resident license is the license issued under subdivision (b) of Penal Code 26150 or 26155, the interview requirement of Penal Code 26202(b)(1) applies to non-resident applicants, and the interview may be conducted in person or, at the applicant's election, virtually by video and audio (Penal Code 26202(b)(1)). Any required psychological assessment may be virtual or with a provider within 75 miles of the applicant's residence (Penal Code 26190(e)(1)). It remains the applicant's responsibility to confirm that any handgun carried is legal to possess and carry in California.
If a licenseholder fails to apply for renewal within 90 days of the license expiration, the licensing authority requests that the Department of Justice terminate subsequent-notification monitoring (Penal Code 26225(e)).
A separate license is available to a person deputized or appointed as a peace officer under Penal Code 830.6, on proof that the applicant is not a disqualified person under Penal Code 26202, is at least 21 years of age, holds the qualifying appointment, and is the recorded owner of, or is authorized to carry, the firearm (Penal Code 26170). Fees for this license may be waived (Penal Code 26170(b)).
A license is subject to statutory conditions in Penal Code 26200, including that the licensee not consume or be under the influence of alcohol or a controlled substance while carrying, not carry a firearm not listed on the license, carry the license on their person, and present the license or firearm to a peace officer on demand. The licensing authority may also impose reasonable additional restrictions on time, place, manner, and circumstances, which must be indicated on the license (Penal Code 26200(b), (c)).
A license does not authorize carry in the "sensitive places" listed in Penal Code 26230, which was added by SB 2 and amended by AB 1078. This list includes, among many other locations, places prohibited by the Gun-Free School Zone Act (Penal Code 626.9), preschools and childcare facilities, and government buildings. Penal Code 26230 has been the subject of extensive litigation. A December 20, 2023 preliminary injunction (May v. Bonta and Carralero v. Bonta, Central District of California) blocked enforcement of many of the listed locations. On appeal, the Ninth Circuit reversed that injunction in large part, with its mandate effective January 23, 2025, so most of the sensitive places are now enforceable. Six categories remain enjoined and are not currently 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 privately owned commercial establishments open to the public, which is the default no-carry-without-a-posted-sign rule (a)(26). See the Prohibited Places section for the full breakdown of which locations are in effect and which remain enjoined.
| Reference | Subject |
|---|---|
| Penal Code 26150 | Application to the county sheriff; resident, non-resident, and license-format standards |
| Penal Code 26155 | Application to the chief of police; resident, non-resident, and license-format standards |
| Penal Code 26160 | Licensing authority written policy requirement |
| Penal Code 26165 | Training course requirements (16-hour minimum, mental health component, live-fire) |
| Penal Code 26170 | Reserve and auxiliary peace officer licenses |
| Penal Code 26175 | Uniform application and license content requirements |
| Penal Code 26185 | Fingerprint submission and DOJ eligibility determination |
| Penal Code 26190 | Fees and psychological assessment costs |
| Penal Code 26200 | Conditions and restrictions on licensed carry |
| Penal Code 26202 | Disqualified person standards, investigation, and 90-day initial determination |
| Penal Code 26205 | Approval or denial notice within 120 days |
| Penal Code 26206 | Court hearing on denial |
| Penal Code 26220 | License terms (two years standard) |
| Penal Code 26225 | Recordkeeping and reporting to the DOJ |
| Penal Code 26230 | Sensitive places where licensees may not carry (litigation ongoing) |
| Penal Code 25400 | Carrying a concealed firearm without a license |
| Penal Code 25850 | Carrying a loaded firearm in public |
| Penal Code 31635 | Department of Justice firearms instructor certification |
A California license to carry a concealed weapon (CCW) is issued by the county sheriff (California Penal Code 26150) or a city police chief (Penal Code 26155). The license is what allows a person to carry a handgun concealed (Penal Code 25400) or loaded in public (Penal Code 25850). When a license nears the end of its term, the holder must renew through the same type of issuing authority. The core renewal rules are set statewide by the Penal Code, but each county and city builds its own application forms, online portals, fee amounts, and scheduling around that framework, so the exact steps vary by jurisdiction.
This section reflects the licensing scheme as revised by Senate Bill 2 (2023), which took effect January 1, 2024 after the U.S. Supreme Court's decision in New York State Rifle and Pistol Assn. v. Bruen (2022), and as further restructured by Assembly Bill 1078 (Stats. 2025, Ch. 570), effective January 1, 2026. SB 2 removed the old "good cause" requirement, replaced the "good moral character" test with an objective disqualified-person standard, and rewrote the training, fee, and processing rules described below. AB 1078 reorganized Penal Code 26150 and 26155 so that subdivision (a) covers California-resident applications, subdivision (b) sets out a pathway for non-California-resident applicants, and subdivision (c) lists the license format options. Several parts of the SB 2 package, especially the sensitive-places list, remain in active litigation, so verify current status with your issuing authority before relying on any single point.
California does not set one flat term for every license. Under Penal Code 26220, the term depends on the type of license:
Because a standard license can be written for any period up to two years, check the actual expiration date printed on your license rather than assuming a full two-year term. Start the renewal early. Carrying after expiration means carrying without a valid license, which is the same as carrying with no license at all.
Both California residents and non-residents renew through a county sheriff (Penal Code 26150) or a city or city-and-county police chief (Penal Code 26155), using the same authority that could issue a new license. A California resident renews under subdivision (a) of those sections on proof that the applicant is not a disqualified person, is at least 21, resides in (or has a principal place of employment or business in) the jurisdiction, has completed the required training, and is the recorded owner of the firearm. A non-California resident renews under subdivision (b), which requires that the applicant not be a disqualified person under California law and the comparable laws of the home state, be at least 21 with valid out-of-state identification, attest that the chosen jurisdiction is the primary California location where they intend to spend time, and complete the required training and live-fire exercises. The issuing authority then renews in one of the formats set by subdivision (c): a license to carry concealed (Penal Code 26150(c)(1) or 26155(c)(1)), or, only where the county population is under 200,000 by the most recent federal decennial census, a license to carry loaded and exposed in that county (Penal Code 26150(c)(2) or 26155(c)(2)).
The controlling test for both new and renewal applicants is the disqualified-person standard at Penal Code 26202. Under Penal Code 26202(a), an applicant is deemed a disqualified person and cannot receive or renew a license if any one or more of the enumerated conditions apply, including:
Penal Code 26202(e) makes clear that these prohibitions apply whether or not the relevant conduct, order, conviction, charge, or commitment occurred before the law took effect. The pre-SB 2 "good moral character" prong is no longer the operative test. County application forms may still carry older language, but the controlling standard for renewal is Penal Code 26202.
A court may make a contrary determination under Penal Code 26206 (the disqualified-person finding applies "unless a court makes a contrary determination pursuant to Section 26206").
Renewal applicants must complete a renewal training course. Under Penal Code 26165(d), the renewal course:
A person whom the licensing authority has certified as a trainer for purposes of Penal Code 26165 is not required to take a renewal training course to renew their own license (Penal Code 26165(d)).
The licensing authority sets its own live-fire standards, including minimum rounds and passing scores (Penal Code 26165(b)). Some counties require that proof of course completion be dated within a set window (for example, within 90 days of the renewal application). That window is a county policy, not a statewide statutory rule, so confirm the requirement with your issuing authority.
Under Penal Code 26165(e), an applicant cannot be required to pay for training before the licensing authority makes its initial determination of whether the applicant is a disqualified person under Penal Code 26202(d)(1).
Penal Code 26202(d) requires the licensing authority, within 90 days of receiving the completed application for a new license or a license renewal, to give the applicant written notice of its initial determination:
For each renewal applicant whose renewal notification is submitted to the Department of Justice on or after September 1, 2026, the department determines firearm-prohibited status based on the applicant's fingerprints (Penal Code 26185(a)(3)).
California sets the fee structure by statute but lets the dollar amounts be set locally and by the Department of Justice, so totals vary by jurisdiction. Under Penal Code 26190:
Live Scan, training, range time, ammunition, and any psychological assessment are paid to the providers separately and are generally not refundable if the application is denied. As an illustration of how counties set amounts, some jurisdictions post renewal fees in the range of roughly 75 to 100 dollars plus the separate DOJ and Live Scan costs, but you should confirm the current figure with your own sheriff or police department.
A license holder does not have to wait for renewal to change what is on the license. Under Penal Code 26215(a), a licensee may apply to the issuing authority to amend the license to:
If the authority amends the license, a new license is issued reflecting the change (Penal Code 26215(b)). An amendment does not extend the original expiration date, and the license is still due for renewal at the same time as if it had not been amended (Penal Code 26215(c)). Applying to amend a license is not the same as applying to renew it (Penal Code 26215(d)).
A change of address is handled by amendment, not by waiting for renewal. Under Penal Code 26210:
So moving to a new California county does not, by itself, end a standard concealed-carry license. The licensee updates the address by amendment (Penal Code 26215(b)), and as long as they have not broken a license condition or become prohibited, the concealed license stays valid (Penal Code 26210(c)). The two exceptions are a license whose issuance was based on the licensee's residence, which expires 90 days after the move (Penal Code 26210(d)), and a loaded-and-exposed license, which is revoked immediately on a move to another county (Penal Code 26210(e)). Someone moving into California from another state should apply through the sheriff or police chief where they will reside, because a prior out-of-state permit does not renew into a California license. Both residents and non-residents can hold and renew California licenses under Penal Code 26150 and 26155 (residents under subdivision (a), non-residents under subdivision (b)).
Renewing keeps a license valid, but it does not change the long list of locations where a licensee may not carry. SB 2 added an extensive "sensitive places" list at Penal Code 26230, effective January 1, 2024. A federal district court preliminarily enjoined much of that list in December 2023, but the Ninth Circuit reversed that injunction in large part in May v. Bonta and Carralero v. Bonta, with the mandate taking effect January 23, 2025. Most of the sensitive-place categories are now enforceable. Six categories remain enjoined and are not being enforced pending further appeal: hospitals and medical facilities (Penal Code 26230(a)(7)), public transit (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 rule barring carry in privately owned commercial establishments open to the public unless the operator posts a sign allowing it (Penal Code 26230(a)(26)). Because the case remains on appeal, the enforceable scope can change. Confirm the current boundaries with your issuing authority or counsel before carrying, and review the Prohibited Places section of this guide.
Certain information submitted on a CCW application can be subject to disclosure under the California Public Records Act. Review the public-disclosure admonition on the Department of Justice Standard Initial and Renewal Application (BOF 4012) and ask your licensing authority what information in your file is treated as public.
This section is a general summary of California law and is not legal advice. CCW licensing and the SB 2 framework are actively litigated and administered differently in each county. Verify current requirements, fees, and forms with your issuing sheriff or police department before you act.
California is a licensed carry state. A license to carry (commonly called a CCW) is required to carry a handgun concealed (Penal Code 25400) or to carry a loaded firearm in most public places (Penal Code 25850). Licenses are issued by the county sheriff (Penal Code 26150) or by a city police chief (Penal Code 26155).
There is no single statewide price for a CCW. The total cost is the sum of several charges: a state Department of Justice (DOJ) fee, a local licensing-authority fee, fingerprint (Live Scan) costs, and the required training course paid to a private instructor. State law caps each government fee at the actual cost of providing the service, but the dollar amounts are set administratively and vary by county, so the figures below are illustrative. Confirm current amounts with the issuing sheriff or police department before you apply.
Penal Code 26190 sets out the fees an applicant can be charged. It was amended by AB 1078 (Stats. 2025, Ch. 570) effective January 1, 2026. The structure is as follows.
The applicant pays a fee determined by the Department of Justice at the time of filing. By statute this fee may not exceed the DOJ's direct processing costs for furnishing the background information and report required under Penal Code 26185. The fee may rise only at a rate not exceeding the legislatively approved annual cost-of-living adjustment for the department's budget. The officer who receives the application transmits this fee, with fingerprints, to the DOJ.
The city, city and county, or county must charge an additional fee equal to its reasonable costs for processing the application, issuing the license, and enforcing the license, including any required notices. Fingerprint and training costs are excluded from this local fee. The statute caps it at the licensing authority's reasonable costs.
Collection is split: under Penal Code 26190(b)(2) the first 50 percent of the local fee may be collected when the initial or renewal application is filed, and the balance is collected only upon issuance of the license. If your application is denied, you do not owe the second half of the local fee.
If you need to amend an existing license (for example, to add a firearm under Penal Code 26215), the licensing authority may charge a fee not exceeding its reasonable cost to process the amendment.
If the licensing authority requires a psychological assessment on an initial application, the applicant is referred to an approved licensed psychologist and may be charged the actual cost of the assessment, capped at the licensing authority's reasonable cost. On renewal, an assessment may be required only if there is compelling evidence of a public-safety concern.
Penal Code 26165(e) provides that an applicant is not required to pay for any training course before the initial determination of whether the applicant is a disqualified person under Penal Code 26202.
| Component | Who sets it | Typical range (verify locally) | Paid to |
|---|---|---|---|
| DOJ application fee | DOJ (Penal Code 26190(a)) | Roughly $90 to $100 | Issuing authority, forwarded to DOJ |
| Local processing fee | County/city (Penal Code 26190(b)) | Varies widely by jurisdiction; first 50% at filing, balance at issuance | County sheriff or city police |
| Live Scan fingerprinting | Live Scan provider | About $20 to $40 plus DOJ/FBI rolling fees | Fingerprint provider |
| Training course (16 hours) | Private instructor (Penal Code 26165) | Several hundred dollars; varies by instructor | CCW instructor |
| Range/ammunition for live fire | Range/instructor | Varies | Range or instructor |
The dollar figures above are estimates only. Each sheriff and police chief sets local fees within the "reasonable cost" limit of Penal Code 26190, so totals differ from county to county.
Training is a required cost, not a government fee. Penal Code 26165 requires:
A licensing authority may instead require a certified community college course of up to 24 hours, but only if it requires that of all applicants without exception (Penal Code 26165(c)). Course prices are set by the instructor or school, so this is often the largest single cost after the government fees.
A standard license issued under Penal Code 26150 or 26155 is valid for up to two years from the date of issuance. Shorter or longer terms apply in specific cases: a license issued on the basis of place of employment or business is valid for up to 90 days; judges and certain court officers may receive up to three years; and certain custodial and reserve peace officers may receive up to four years. Because the term is capped at two years for most holders, applicants should budget for renewal fees and an 8-hour renewal course on roughly that cycle.
Since SB 2 (Stats. 2023, Ch. 249, effective January 1, 2024), California sheriffs and police chiefs may issue licenses to non-California residents under Penal Code 26150(b) and 26155(b), subject to added conditions (training, live-fire, identification of each firearm, and an attestation about primary travel location). Separately, California does not recognize CCW permits issued by other states for carrying in California. Out-of-state permit holders are not exempt from the carry offenses in Penal Code 25400 and 25850. See the Reciprocity section for detail.
These are not CCW licensing fees, but they are real costs of acquiring a firearm in California, which a license holder will encounter when buying the handgun to be listed on the license.
Because these amounts are set by regulation and adjusted over time, treat any specific dollar figure as approximate and verify the current schedule before purchase.
California prohibits or heavily restricts most National Firearms Act items (machine guns, short-barreled rifles and shotguns, and most suppressors), so the federal NFA transfer tax rarely applies to an ordinary California resident. For completeness: under Public Law 119-21, the federal making and transfer tax is $200 for a machine gun or destructive device and $0 for other NFA items, effective for calendar quarters beginning more than 90 days after July 4, 2025 (the first qualifying quarter is January 1, 2026). General ATF web pages may still display the old $200 figure during the transition. This federal change does not lift California's own restrictions on these items.
California's Attorney General directs applicants to their local issuing authority for fee information:
Contact your county sheriff's office or, if you are a resident of an incorporated city, your city police department, for information on obtaining a CCW license. They can provide a copy of their CCW license policy statement and the application.
Because every sheriff and police chief sets local fees within the limits of Penal Code 26190, the only reliable way to learn your total cost is to request the current fee schedule from the agency that will process your application.
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.
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.
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).
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).
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.
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)).
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.
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, including preschools and childcare facilities, government and court buildings, jails and detention facilities, hospitals and medical offices, public transit and transit property, places where liquor is sold for on-site consumption, permitted public gatherings and special events, 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, and nuclear facilities. SB 2 also created a default rule barring carry onto private property open to the public unless the operator posts a sign allowing it.
Litigation status (important): Penal Code 26230 has been heavily litigated in May v. Bonta and related cases. Federal courts have at various points enjoined or stayed enforcement of many of its sensitive-place categories and the default private-property rule, and the matter has moved up and down through the Ninth Circuit. As a result, which categories are currently enforceable is contested and has changed over time. Do not assume any particular subdivision of 26230 is either flatly in force or void. Verify the current enforcement status before carrying near any listed location, and when in doubt, treat the location as off-limits.
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.
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).
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 does not have a single statute titled "carrying under the influence." Instead, the rules for a concealed-carry licensee come from the conditions that attach to every license under Penal Code 26200, the disqualification standards in Penal Code 26202, and the mandatory revocation provision in Penal Code 26195. Federal law adds a separate firearms disability for unlawful drug users under 18 U.S.C. 922(g)(3). Carrying a firearm without complying with these rules can cost you your license and can expose you to criminal liability for unlicensed carry.
This section addresses licensees. California requires a license to carry a concealed firearm (Penal Code 25400) or a loaded firearm in public (Penal Code 25850), so the alcohol and drug rules below are written around the licensed carrier.
There is no standalone statewide California crime called "carrying a CCW while intoxicated." A licensee who carries while intoxicated is dealt with through the license itself, the no-consumption and no-impairment conditions in Penal Code 26200 and the mandatory revocation that follows a breach, and through general laws that apply to anyone, such as public intoxication under Penal Code 647(f) and driving under the influence. Penal Code 25600 is not an intoxication offense at all. It is a self-defense justification that excuses an otherwise unlawful violation of Penal Code 25400 when the person reasonably believes they are in grave danger because of a current restraining order.
Senate Bill 2 (2023) rewrote Penal Code 26200, effective January 1, 2024, to impose uniform conditions on every license issued under Chapter 4 (Penal Code 26150, 26155, or 26170). The alcohol and drug conditions are in subdivision (a):
Penal Code 26200 states no blood alcohol concentration threshold. California uses a general "under the influence" standard for subdivision (a)(3), and subdivision (a)(1) bans consumption outright with no threshold at all. Health and Safety Code sections 11053 through 11058 are the controlled-substance schedules that define which drugs are covered.
There is no separate criminal penalty written into Penal Code 26200 for breaching these conditions. The direct consequence is license revocation, discussed below. Practical criminal exposure arises because a carrier who is no longer carrying lawfully under the license can be charged for unlicensed carry (see "Criminal Exposure" below), and conduct such as brandishing or assault while intoxicated is separately punishable. General public-intoxication law under Penal Code 647(f) and the DUI statutes also continue to apply to a licensee regardless of the firearm.
Penal Code 26195(b)(1)(A) provides that a license "shall be revoked by the local licensing authority if at any time the local licensing authority determines" that "the licensee has breached any of the conditions or restrictions set forth in or imposed in accordance with Section 26200." Revocation is mandatory, not discretionary, once a breach is found. (The prior version of this guide described revocation as discretionary "for good cause," which is incorrect under the current statute.)
A license is also revoked under Penal Code 26195(b)(1)(C) if the licensee becomes a disqualified person under Penal Code 26202, and under Penal Code 26195(b)(2) if the Department of Justice notifies the authority that the licensee is prohibited from possessing firearms under state or federal law. On revocation, the licensing authority must notify the Department of Justice (Penal Code 26195(b)(3), referencing Penal Code 26225) and immediately notify the licensee in writing.
Penal Code 26202(a) lists the grounds on which an applicant is "deemed to be a disqualified person" who cannot receive or renew a license. Several relate directly to alcohol and controlled substances:
These grounds apply at both initial application and renewal. Under Penal Code 26202(e), they apply whether or not the relevant conduct occurred before the statute took effect. Penal Code 26202 was amended by AB 1078 (Stats. 2025, Ch. 570), effective January 1, 2026.
Separate from the personal-impairment conditions in Penal Code 26200, the SB 2 "sensitive places" statute bars a licensee from carrying into certain locations. Penal Code 26230(a)(9) lists "a building, real property, and parking area under the control of a vendor or an establishment where intoxicating liquor is sold for consumption on the premises." This is a location-based prohibition: a licensee may not carry into such a place regardless of whether the person drinks.
The earlier version of this guide quoted this provision as "any bar or restaurant serving alcohol for on-premises consumption, including adjacent parking areas." That is a paraphrase, not the statutory text. The actual language is quoted above. The parking area is covered only when it is under the control of the establishment.
Important litigation note. Penal Code 26230 has been heavily litigated since it took effect. In the consolidated challenges (May v. Bonta and related cases, decided in the Southern and Central Districts of California in December 2023), district courts preliminarily enjoined a number of the section's sensitive-place provisions. On appeal in Wolford v. Lopez (9th Cir. 2024), the Ninth Circuit reversed most of that injunction, allowing the bulk of Penal Code 26230 to be enforced while leaving a narrow set of provisions blocked. As matters currently stand, six subdivisions of Penal Code 26230(a) remain enjoined and are not enforceable: (a)(7) hospitals and medical facilities, (a)(8) public transit, (a)(10) permitted public gatherings and special events, (a)(22) places of worship, (a)(23) financial institutions, and (a)(26) privately owned commercial establishments open to the public. Everything else in Penal Code 26230(a) is currently enforceable. The bar and alcohol-serving restriction in Penal Code 26230(a)(9) is one of the provisions in force: the Ninth Circuit reversed the earlier injunction against it, and the provision became enforceable on January 23, 2025. Because the litigation is ongoing and the enforceable scope of individual paragraphs has shifted before, confirm the current status of any specific provision before relying on it. Penal Code 26230 was most recently amended by AB 1078 (Stats. 2025, Ch. 570), effective January 1, 2026.
A licensee who carries while in breach of the Penal Code 26200 conditions risks more than revocation. The license is what exempts the carrier from California's general carry bans, so carrying outside the terms of the license can be charged as:
In short, the under-the-influence rules are enforced primarily through license revocation, but a person who continues to carry after losing the protection of the license faces ordinary criminal liability for unlicensed carry.
Federal law independently makes it unlawful for any person "who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act)" to ship, transport, possess, or receive a firearm. This is 18 U.S.C. 922(g)(3), the same provision cross-referenced in California's disqualification statute at Penal Code 26202(a)(8). Habitual unlawful drug use, including marijuana use that remains federally unlawful even where state-legal, is a federal firearms disability, not merely a state CCW issue. This federal prohibition does not list "under indictment" (that disability appears separately at 18 U.S.C. 922(n)).
| Conduct | Consequence | Authority |
|---|---|---|
| Consuming alcohol or a controlled substance while carrying | Mandatory license revocation | Penal Code 26200(a)(1); 26195(b)(1)(A) |
| Being in a bar (a place whose primary purpose is dispensing alcohol for onsite consumption) while carrying | Mandatory license revocation | Penal Code 26200(a)(2); 26195(b)(1)(A) |
| Being under the influence of alcohol, medication, or a controlled substance while carrying | Mandatory license revocation | Penal Code 26200(a)(3); 26195(b)(1)(A) |
| Carrying into a vendor or establishment where liquor is sold for onsite consumption | Sensitive-place violation (currently enforceable) | Penal Code 26230(a)(9) |
| Substance-related conviction or current abuse | License denial or non-renewal | Penal Code 26202(a)(7), (a)(8), (a)(9) |
| Carrying after losing license protection (concealed) | Wobbler: felony in aggravated cases, otherwise up to 1 year county jail and/or $1,000 | Penal Code 25400 |
| Carrying loaded in public after losing license protection | Wobbler: felony for prohibited persons, otherwise misdemeanor | Penal Code 25850 |
| Unlawful drug user in possession of a firearm | Federal felony | 18 U.S.C. 922(g)(3) |
This section is general information, not legal advice. California firearm law changes frequently and is the subject of ongoing federal litigation. Confirm the current text of each statute and the status of any pending case before acting.
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.
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.
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.
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:
Securely storing the firearm under Penal Code 25145 is the clearest way to stay within this safe harbor.
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.
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.
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:
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. 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).
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 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.
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.
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.
Neither trigger locks nor cable locks are designed to prevent physical access to or removal of the firearm itself.
Any device is only as secure as the steps you take to protect the key or combination.
California does not have a single, sweeping preemption law that bars cities and counties from regulating firearms. Instead, the state has carved out a few discrete areas where local rules are forbidden, while leaving local governments broad authority to regulate firearms more strictly than the state in everything else. For a concealed carry licensee, the practical result is that you must follow both state law and the local ordinances of every city and county where you carry.
Article XI, Section 7 of the California Constitution lets a county or city "make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." California courts have long held that this police power includes the power to regulate firearms, and a local ordinance is valid unless it conflicts with state law (for example, by penalizing conduct the state expressly authorizes, or permitting conduct the state forbids), or unless the state has occupied the field.
The Legislature reinforced this default in 2022. SB 1327, effective January 1, 2023, provides that a state statute "shall not be construed to restrict a political subdivision from regulating or prohibiting firearms in a manner that is at least as stringent as the laws of this state, unless the statute explicitly states that political subdivisions are prohibited from regulating or prohibiting firearms in the manner described by the statute." In plain terms, California rejects implied preemption of stricter local gun rules. A locality may go further than the state unless a statute expressly says it cannot.
The Legislature has expressly preempted local action in a small set of areas:
Outside these enumerated areas, local governments retain authority to regulate firearms, and many California cities and counties impose ordinances stricter than state law on matters such as dealer operations, ammunition sales, storage, and where firearms may be discharged or carried on local property.
A license to carry a concealed handgun is issued under a uniform state framework, not by local ordinance. The sheriff of a county may issue a license under Penal Code 26150, and the chief or other head of a municipal police department may issue one under Penal Code 26155. A sheriff and a police chief may agree to have one office process applications for the other. Because of Government Code 53071, a locality cannot substitute its own licensing standard for the state's.
Both statutes were restructured by AB 1078 (Stats. 2025, Ch. 570), effective January 1, 2026. Subdivision (a) of each section covers California-resident applications. Subdivision (b) of each section sets out a separate pathway for non-California-resident applicants, so California now has a general non-resident license pathway in addition to the resident process. Subdivision (c) covers the license format: paragraph (c)(1) is the standard license to carry concealed, and paragraph (c)(2) is a license to carry loaded and exposed, available only in a county whose population is under 200,000.
Within that framework, the licensing authority applies state-set criteria. The applicant must be at least 21 years of age, complete the required training course (Penal Code 26165, which sets a minimum of 16 hours for a new license and a minimum of 8 hours for a renewal), submit fingerprints (Penal Code 26185), pay the statutory fees (Penal Code 26190), and not be a disqualified person under Penal Code 26202. The Penal Code, not local rule, defines who is disqualified, and Penal Code 26190 authorizes a psychological assessment as part of the process.
Before 2022, California required a concealed carry applicant to show "good cause" and "good moral character," and local licensing authorities exercised wide discretion over whether that standard was met. After the U.S. Supreme Court struck down a similar "proper cause" requirement in New York State Rifle and Pistol Association v. Bruen (2022), California enacted SB 2, which removed the good cause and good moral character requirements from the issuance criteria and replaced them with objective disqualification standards. Any claim that California still requires applicants to demonstrate "good cause" is out of date.
SB 2 also added Penal Code 26230 (effective January 1, 2024), a long list of "sensitive places" where a licensee may not carry even with a valid license. Most of these categories are currently in effect, including schools, preschools and childcare facilities, state government buildings, courthouses, local government buildings, detention facilities, college and university campuses, bars and other establishments that serve alcohol, playgrounds and youth centers, parks and athletic areas, casinos and other gambling establishments, stadiums and arenas, public libraries, airports, amusement parks, and zoos and museums. Six categories are currently enjoined and are not being enforced pending further appeal: hospitals and other medical facilities (subdivision (a)(7)), public transit (a)(8), permitted public gatherings and special events (a)(10), places of worship (a)(22), financial institutions (a)(23), and any other privately owned commercial establishment open to the public (a)(26). Notably for preemption, Penal Code 26230 expressly defers to local authority: it prohibits carry in any place "prohibited by local law." The statute also sets a default rule that would make most privately owned commercial establishments open to the public off-limits unless the operator posts a sign permitting licensed carry, but that default rule in subdivision (a)(26) is one of the six provisions currently enjoined and not being enforced.
Penal Code 26230 has been the subject of active federal litigation (including May v. Bonta and Carralero v. Bonta). On December 20, 2023, the United States District Court for the Central District of California issued a preliminary injunction blocking many of its sensitive-place provisions. The Ninth Circuit then reversed that preliminary injunction in large part. It did not merely stay the injunction; it reversed it. The appellate mandate took effect January 23, 2025, and as a result 20 of the 26 sensitive-place categories in subdivision (a) are now enforceable. Six categories remain subject to the injunction and are not being enforced pending further appeal: hospitals and other medical facilities (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 no-carry rule for privately owned commercial establishments open to the public (a)(26). The enforceable scope of specific subdivisions could shift again as the cases continue, so treat the list in Penal Code 26230 as the statute on the books and verify the current status of any particular provision before relying on it.
This guide summarizes statutes that change and that are being actively litigated. It is not legal advice. Confirm the current text of each cited Penal Code, Government Code, and Civil Code section and the status of any pending case before you rely on it.
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.
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:
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.
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.
California provides three GVRO mechanisms, each with its own petitioner pool, legal standard, and duration.
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.
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.
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.
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).
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.
The following also prohibit firearm and ammunition possession while in effect:
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.
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.
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.
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 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.
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).
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.
California bans assault weapons through three overlapping categories. (Penal Code 30510, 30515)
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)
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.
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.
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.
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.
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.
| Statute | Subject |
|---|---|
| Penal Code 33410 | Silencer possession prohibited (felony) |
| Penal Code 17210 | Definition of silencer |
| Penal Code 32625 | Machine gun possession, transport, manufacture, sale |
| Penal Code 33215 | Short-barreled rifle and shotgun prohibition (wobbler) |
| Penal Code 33220, 33225, 17700 | Narrow SBR/SBS exceptions and permits |
| Penal Code 18710 | Destructive device possession (public offense) |
| Penal Code 16460 | Definition of destructive device |
| Penal Code 16590 | Generally prohibited weapons list |
| Penal Code 30510 | Assault weapons banned by make and model |
| Penal Code 30515 | Assault weapons by generic characteristics |
| Penal Code 30605 | Possession of assault weapon (penalty, wobbler) |
| Penal Code 32310 | Large-capacity magazine prohibition |
| 26 U.S.C. 5845 | Federal NFA definitions |
| Pub. L. 119-21 | Federal NFA making and transfer tax change |
This section points you to the controlling sources for California concealed-carry law and summarizes the statewide licensing framework. California is the most heavily litigated firearm-law state, so several rules below are subject to active court challenges. Where a statute or part of a statute has been enjoined or otherwise limited by a court, that is flagged. Always confirm the current enforceable status with your issuing agency and the California Department of Justice before you rely on any single rule.
California is a shall-issue carry state. Under Penal Code 26150 the sheriff, and under Penal Code 26155 a city police chief, shall issue or renew a license to carry a concealed firearm to a qualified applicant. AB 1078 (Stats. 2025, Ch. 570), effective January 1, 2026, restructured both statutes into separate resident and non-resident pathways:
For a California resident under subdivision (a), the applicant must prove all of the following:
The license is issued in one of two formats under subdivision (c). The standard format is a license to carry a concealed handgun (Penal Code 26150(c)(1) / 26155(c)(1)). In a county with a population under 200,000, the issuing authority may instead issue a license to carry loaded and exposed within that county only (Penal Code 26150(c)(2) / 26155(c)(2)).
After the post-Bruen, SB 2 changes, the issuing authority no longer evaluates "good cause." Issuance now turns on the objective disqualifier standard in Penal Code 26202 plus the training and ownership requirements above.
Penal Code 26202(a) makes an applicant a disqualified person, unless a court rules otherwise under Penal Code 26206, if any one or more of the following applies. This list replaces the old discretionary standard and should be read in full at the statute. The categories include:
Separately, anyone who cannot lawfully possess a firearm cannot be licensed. A felon is prohibited from possessing firearms under Penal Code 29800(a)(1); a person convicted of a qualifying domestic-violence or other specified misdemeanor is prohibited for 10 years under Penal Code 29805; and federal law adds a lifetime prohibition for a domestic-violence misdemeanant under 18 U.S.C. 922(g)(9). The Department of Justice firearms-eligibility check required by Penal Code 26185 screens for these state and federal prohibitions during the application.
There is no separate two-DUI disqualifier in Penal Code 26202. A DUI history matters only to the extent it falls within one of the categories above (for example, the controlled-substance or alcohol provisions, or the danger-to-self determination).
The issuing authority sets and publishes its live-fire standard, including the minimum round count, passing score, and firing distances (Penal Code 26165(b)). The exact qualification format varies by jurisdiction and instructor, so confirm it with your issuing agency.
California sets CCW fees by cost recovery, not by a fixed statutory dollar amount. The fees authorized by Penal Code 26190 are:
Real-world total cost (state fee, local fee, training, Live Scan fingerprinting, and any psychological-assessment fee) commonly runs several hundred dollars and varies by county. Separate from the CCW fees, a firearm purchase carries a DROS fee and a Firearm Safety Certificate cost, both set by Department of Justice regulation; confirm the current amounts at oag.ca.gov/firearms.
Penal Code 26200(a) prohibits a licensee, while carrying, from doing any of the following: consuming or being under the influence of alcohol or a controlled substance; being in a place whose primary purpose is on-site alcohol service; carrying a firearm not listed on the license; falsely claiming to be a peace officer; engaging in an unjustified display of a deadly weapon; failing to carry the license on the person; refusing to display the license or present the firearm for inspection on a peace officer's demand; impeding a peace officer; or violating any federal, state, or local criminal law.
Penal Code 26200(b) also lets the licensing authority add reasonable restrictions on the time, place, manner, and circumstances of carry. Any such restriction is printed on the license (26200(c)). The published conditions of your issuing agency and the license itself control, so confirm them with that agency.
Penal Code 26230, added by SB 2 and effective January 1, 2024, lists 26 categories of locations where a licensee may not carry. A December 20, 2023 preliminary injunction from the United States District Court for the Central District of California, in May v. Bonta and Carralero v. Bonta, blocked enforcement of several categories. On appeal, the Ninth Circuit reversed that injunction in large part (the consolidated decision that also resolved Wolford v. Lopez), and the mandate took effect January 23, 2025. The court did not stay the injunction. It reversed it as to most categories, so those provisions are now enforceable. As confirmed by DOJ Information Bulletin 2025-DLE-06, 20 of the 26 categories are currently in effect and 6 remain enjoined.
Currently enforceable categories include:
The following six categories remain enjoined under the December 20, 2023 preliminary injunction. They are not being enforced pending further appeal, so do not treat them as operative no-carry rules right now:
Because the litigation continues, the enforceable scope can change. Confirm the present status through the latest DOJ Information Bulletin and your issuing agency before carrying near any listed location. Penal Code 26230(b) and (c) also let a licensee transport a firearm locked in a compliant lock box through many of these areas and store it in a locked lock box, out of plain view, within a vehicle in a parking area.
These overlays apply to acquiring and owning firearms in California regardless of CCW status. Several are in active litigation; cite the statute and verify the current status.
The exact process varies by issuing agency, but generally:
California's CCW eligibility standard in Penal Code 26202 does not add a citizenship requirement beyond what federal and state firearm-possession law already impose. A lawful permanent resident or other lawfully present non-citizen who is not federally prohibited (see 18 U.S.C. 922(g)(5)) and not otherwise disqualified may apply.
This FAQ explains how California licenses concealed carry and the major state rules that affect anyone who carries or buys a firearm here. California is a licensed-carry state, not a permitless or constitutional-carry state. Many of the carry-location rules are the subject of active federal litigation, so treat anything described as "enjoined" as a moving target and confirm the current status before you rely on it.
Yes. Carrying a concealable firearm concealed on your person or in a vehicle is a crime under Penal Code 25400 unless you fall within an exemption such as holding a valid carry license. Carrying a loaded firearm in public is a separate crime under Penal Code 25850. Both offenses are normally chargeable as a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both, but each statute lists conditions (for example, a prior felony conviction, a stolen firearm, gang participation, or being a prohibited person) that elevate the offense to a felony. The license that lets you lawfully carry concealed is issued under Penal Code 26150 (county sheriff) or Penal Code 26155 (city police chief).
California regulates carry licenses in Penal Code 26150 through 26235. Since Senate Bill 2 took effect on January 1, 2024, California is a shall-issue state. Under Penal Code 26150(a) and Penal Code 26155(a), the issuing authority "shall issue or renew" a license to an applicant who proves all of the statutory requirements and who is not a "disqualified person" under the standards in Penal Code 26202. The pre-Bruen "good cause" and "good moral character" discretionary tests no longer apply (see the good-cause question below).
Under Penal Code 26150 and Penal Code 26155, an applicant must show all of the following:
The applicant also undergoes a background investigation, including character-reference interviews and a review of state and federal records, conducted by the licensing authority under Penal Code 26202(b).
Penal Code 26202(a) lists eleven categories that disqualify an applicant unless a court rules otherwise under Penal Code 26206. The main ones are:
Note: the older pipeline version of this guide described Penal Code 26202(a)(2) as a "two or more DUI" disqualifier. That is incorrect. Subdivision (a)(2) addresses contempt of court. The alcohol and controlled-substance grounds are in subdivisions (a)(7), (a)(8), and (a)(9).
Penal Code 26165 sets the minimum training. For a new license the course must be at least 16 hours and must cover firearm safety and handling, shooting technique, safe storage, legal transport, the laws on where a licensee may carry, and the laws on the permissible use of force in self-defense. It must include a mental-health component of at least one hour, a written examination, and live-fire shooting exercises demonstrating safe handling and proficiency with each handgun to be carried (Penal Code 26165(a)). A renewal course must be at least 8 hours and meet most of the same criteria (Penal Code 26165(d)). The course must be taught by instructors certified by the Department of Justice under Penal Code 31635. A licensing authority may instead require a certified community-college course of up to 24 hours if it does so uniformly for all applicants (Penal Code 26165(c)).
SB 2, signed September 26, 2023 and effective January 1, 2024, rewrote the licensing standard to respond to New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022). It removed "good cause," set a statewide minimum age of 21, replaced the licensing standard with the objective "disqualified person" test in Penal Code 26202, strengthened the training requirements in Penal Code 26165, and added a long list of "sensitive places" where a licensee may not carry in Penal Code 26230.
Penal Code 26230(a) prohibits a licensee from carrying in a long list of locations, including schools and school zones, preschools and childcare facilities, state and local government buildings, courthouses, jails and detention facilities, colleges and universities, airports and passenger vessel terminals, police stations, polling places, parks and athletic facilities, playgrounds and youth centers, bars and places that serve alcohol for onsite consumption, casinos, stadiums and arenas, libraries, amusement parks, zoos and museums, hospitals and medical facilities, public transit, public gatherings requiring a permit, places of worship, financial institutions, and privately owned commercial establishments open to the public (the last category prohibits carry unless the operator posts a sign permitting it). Do not read this as a flat list that is fully in force. As the litigation caveat below explains, six of these categories are currently enjoined and are not being enforced, while the rest are in effect.
Important litigation caveat: Penal Code 26230 has been heavily litigated in May v. Bonta and Carralero v. Bonta. A federal district court enjoined many provisions in December 2023, and the Ninth Circuit reversed that injunction in substantial part, with its mandate effective January 23, 2025 (consolidated with Wolford v. Lopez). According to California Department of Justice Information Bulletin 2025-DLE-06 (March 27, 2025), about 20 of the 26 enumerated sensitive places were enforceable as of that date. Six categories remained enjoined and were not being enforced pending further appeal: hospitals and medical facilities (Penal Code 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 "privately owned commercial establishment open to the public" rule (a)(26). The other categories were in effect, including bars and places that serve alcohol (a)(9), playgrounds and youth centers (a)(11), parks and athletic areas (a)(12), casinos (a)(15), stadiums and arenas (a)(16), libraries (a)(17), airports (a)(18), amusement parks (a)(19), and zoos and museums (a)(20). The Ninth Circuit reversed, rather than merely stayed, the December 2023 injunction, so the bars-and-alcohol prohibition in subdivision (a)(9) is currently enforceable. This status can change as appeals proceed. Verify the current enforceable scope at oag.ca.gov/firearms before relying on any single provision.
Under Penal Code 26220(a), a standard license issued under Penal Code 26150 or 26155 is valid for up to two years from the date of issuance. A license based on a place of employment or business may be limited to 90 days (Penal Code 26220(b)). Longer terms apply to narrow categories: up to three years for judges and certain court officers (Penal Code 26220(c)) and up to four years for certain sheriff's custodial officers (Penal Code 26220(d)).
Fees are governed by Penal Code 26190 and vary by jurisdiction. The applicant pays a Department of Justice fee set to cover the department's processing costs (Penal Code 26190(a)), plus an additional local fee equal to the issuing authority's reasonable costs to process, issue, and enforce the license (Penal Code 26190(b)). The first 50 percent of the local fee may be collected at filing and the balance only on issuance. If the licensing authority requires a psychological assessment, the applicant may be charged the actual cost, capped at the authority's reasonable cost (Penal Code 26190(e)). Fingerprint (Live Scan) and training costs are separate. Because amounts differ by county and city, confirm the exact fees with your issuing authority.
Penal Code 26205(a) requires the licensing authority to give written notice of approval or denial within 120 days of receiving a complete application, or within 30 days after it receives the Department of Justice background information, whichever is later. Separately, Penal Code 26202(d) requires an initial determination of whether the applicant is a disqualified person within 90 days. Real-world timelines vary with Live Scan scheduling, the authority's backlog, and any required psychological assessment.
Yes. Penal Code 26150(b) and Penal Code 26155(b) expressly provide a path for non-California residents. A non-resident applicant must not be a disqualified person under Penal Code 26202 (and under the comparable laws of their home state), must be at least 21, must present a valid driver's license or state ID from their state of residence, and must attest under oath that the California jurisdiction where they applied is the primary place in California they intend to travel or spend time. They must complete the Penal Code 26165 training and live-fire requirements and identify each handgun by make, model, caliber, and serial number. (An earlier version of this guide tied non-resident eligibility to membership in four specific organizations under a 2025 preliminary injunction. The statute itself now provides the non-resident path, so that framing is outdated.)
You may carry only handguns identified on the license by make, model, caliber, and serial number (Penal Code 26150(a) and (b)(6); Penal Code 26155(a) and (b)(6)). Identifying a firearm that cannot lawfully be carried or possessed in California is cause for denial as to that firearm. A licensee may not carry more than two firearms at one time (Penal Code 26200(d)). California assault weapons, as defined in Penal Code 30515, generally cannot be possessed or carried by ordinary licensees.
Penal Code 26200(a) bars a licensee, while carrying, from consuming or being under the influence of alcohol or a controlled substance, being in a place whose primary purpose is dispensing alcohol for onsite consumption, carrying a firearm not listed on the license, falsely claiming to be a peace officer, making an unjustified display of a deadly weapon, failing to carry the license, or refusing to display the license or present the firearm to a peace officer on demand. The license may also carry additional time, place, and manner restrictions the authority deems warranted (Penal Code 26200(b)).
No. California formerly required applicants to show "good cause" to carry. That requirement was held unconstitutional in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), and was removed by SB 2. The licensing standard is now the objective "disqualified person" test in Penal Code 26202. The older Peruta v. County of San Diego "good cause" litigation is of historical interest only.
Open carry is generally not a lawful alternative. California prohibits openly carrying an exposed and unloaded handgun in most public places (Penal Code 26350) and openly carrying an unloaded firearm that is not a handgun, such as a long gun, in most public places (Penal Code 26400). Carrying any loaded firearm in public is separately barred by Penal Code 25850. A standard concealed-carry license does not authorize open carry, except that in counties with a population under 200,000 the issuing authority may issue a license to carry "loaded and exposed" within that county (Penal Code 26150(c)(2) and 26155(c)(2)). See the Open Carry section of this guide for detail.
Yes. Penal Code 26815 bars delivery of any firearm within 10 days of the application to purchase (or within 10 days of a later correction or required fee, whichever is later). The 10-day wait applies to every firearm transaction at a California dealer regardless of whether the buyer holds a carry license. There is no license-holder exemption.
No. California requires a Dealer Record of Sale (DROS) background check on every firearm transaction at a licensed dealer. Under Penal Code 28220, the Department of Justice checks its records and participates in the National Instant Criminal Background Check System (NICS) for each purchaser. The California carry license is not listed on the federal Brady permit chart, so it does not provide a federal NICS exemption under 18 U.S.C. 922(t)(3). The DROS fee is set by Department of Justice regulation and adjusted periodically, so verify the current amount at oag.ca.gov/firearms.
Yes. Under Penal Code 27545, when neither party to a firearm sale, loan, or transfer holds a dealer's license, the transaction must be completed through a licensed firearms dealer. This is California's universal background-check rule; the dealer runs the DROS check and the 10-day wait applies.
Most buyers do. Penal Code 31610 and the following sections require a Firearm Safety Certificate (FSC) to acquire a firearm. The FSC is earned by passing a written test administered by a Department of Justice certified instructor and is valid for five years. Limited exemptions exist. Holding a carry license does not by itself exempt you from the FSC requirement. Confirm the current FSC fee and any exemptions at oag.ca.gov/firearms.
California restricts large-capacity magazines and "assault weapons," and both areas are in active litigation:
California treats a homicide as justifiable in defense of self or others under Penal Code 197 when the statutory conditions are met. Penal Code 198.5 creates a rebuttable presumption that a resident who uses force likely to cause death or great bodily injury against someone who unlawfully and forcibly enters the residence held a reasonable fear of imminent harm (California's "castle doctrine"). California has no separate statutory "stand your ground" law, but its standard jury instructions (CALCRIM 505 and 3470) tell jurors that a person who is lawfully present and not the aggressor has no duty to retreat and may stand their ground. See the Use of Force and Castle Doctrine sections for detail.
The 2023 legislative package that accompanied SB 2 included additional measures, such as Assembly Bill 28, which imposed an 11 percent state excise tax on firearm and ammunition dealers and manufacturers. Several 2023 and later measures, along with the roster and microstamping rules in Penal Code 31900 and following sections (litigated in Boland v. Bonta), continue to be challenged in court. Because these areas change quickly, verify the current law before relying on it.
Lautenberg Amendment - 18 U.S.C. 922(g)(9). A misdemeanor crime of domestic violence, meaning 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 conviction did not involve a firearm. The 2024 Supreme Court decision in United States v. Rahimi reaffirmed that firearm disabilities tied to domestic-violence findings remain constitutional under the Second Amendment.
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