Carrying a Firearm Under the Influence in California

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.

License Conditions: Penal Code 26200

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(a)(1): While carrying, a licensee shall not "consume an alcoholic beverage or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code." This is an absolute no-consumption rule. It does not require that the licensee become impaired. Drinking at all while carrying violates the condition.
• Penal Code 26200(a)(2): While carrying, a licensee shall not "be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption." This keeps a licensee out of bars while armed, independent of whether the person drinks.
• Penal Code 26200(a)(3): While carrying, a licensee shall not "be under the influence of any alcoholic beverage, medication, or controlled substance." Note that this provision lists "medication" as its own category alongside alcohol and controlled substances, so impairment from a lawfully prescribed or over-the-counter drug is covered.
• Penal Code 26200(a)(10): While carrying, a licensee shall not "violate any federal, state, or local criminal law." A separate offense committed while armed is itself a breach of the license.

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.

Mandatory License Revocation: Penal Code 26195

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.

License Disqualification for Substance Abuse: Penal Code 26202

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:

• Penal Code 26202(a)(7): In the five years before the licensing authority receives the completed application, the applicant has been committed to or incarcerated in county jail or state prison for, or placed on probation, parole, postrelease community supervision, or mandatory supervision as a result of, a conviction of an offense an element of which involves controlled substances (Health and Safety Code 11053 to 11058) or alcohol.
• Penal Code 26202(a)(8): The applicant is "an unlawful user of or addicted to any controlled substance" as described in 18 U.S.C. 922(g)(3) and applicable regulations and guidance.
• Penal Code 26202(a)(9): The applicant "is currently abusing any controlled substance ... or alcohol." The statute defines "abusing" as "excessive use or consumption reflecting that the applicant has lost the power of self-control with reference to the controlled substance or alcohol."

These 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.

Bars and Alcohol-Serving Establishments as Sensitive Places: Penal Code 26230(a)(9)

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.

Criminal Exposure for Unlicensed Carry

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:

• Carrying a concealed firearm, Penal Code 25400. This is a wobbler. It is a felony in the aggravated situations listed in Penal Code 25400(c)(1) through (c)(4), for example where the person has a prior felony conviction or is otherwise prohibited from possessing firearms. In all other cases it is punishable under Penal Code 25400(c)(7) by up to one year in county jail, a fine of up to $1,000, or both.
• Carrying a loaded firearm in public, Penal Code 25850. This statute carries a parallel wobbler structure, with felony treatment for prohibited persons and otherwise misdemeanor treatment.

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 Overlay: 18 U.S.C. 922(g)(3)

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)).

Penalties Summary

Practical Guidance for Licensees

• Do not consume any alcohol or controlled substance while carrying. Penal Code 26200(a)(1) prohibits consumption itself, not just impairment, and there is no allowable level.
• Do not carry into any place having a primary purpose of dispensing alcoholic beverages for onsite consumption. Penal Code 26200(a)(2) treats your mere presence there while armed as a breach, and Penal Code 26230(a)(9) separately designates alcohol-serving establishments as off-limits.
• Treat impairing medication seriously. Penal Code 26200(a)(3) names "medication" as a covered category. If a drug warns against driving or operating machinery, carrying while it affects you can breach your license.
• Understand that a breach means losing the license. Revocation under Penal Code 26195(b)(1)(A) is mandatory once the authority finds a breach, not a matter of discretion.
• Remember the federal layer. Even apart from California's CCW rules, being an unlawful user of a controlled substance is a federal firearms disability under 18 U.S.C. 922(g)(3).
• Verify the current status of sensitive-place provisions. The alcohol-serving establishment restriction in Penal Code 26230(a)(9) is currently enforceable, but several other subdivisions of Penal Code 26230(a) remain enjoined, so confirm the status of any specific paragraph before relying on it.

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.