California imposes multiple, overlapping prohibitions on carrying a concealed firearm while under the influence of alcohol, drugs, or other impairing...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
California imposes multiple, overlapping prohibitions on carrying a concealed firearm while under the influence of alcohol, drugs, or other impairing substances. These restrictions are found in both longstanding Penal Code provisions and the more recent SB 2 (2023) amendments.
Penal Code § 25600 makes it a misdemeanor for any person who holds a CCW license to carry a concealed firearm while:
No specific BAC threshold is stated in the statute. Unlike some states that set a defined blood alcohol concentration limit (e.g., 0.08%), California uses a general "under the influence" standard, which can encompass impairment at any level.
Senate Bill 2 (2023) added Penal Code § 26200, which imposes broader restrictions on CCW licensees that go beyond the intoxication prohibition in § 25600:
Notably, § 26200(a)(1) prohibits any consumption at all while carrying - not merely being "under the influence." This is a stricter standard than § 25600. Section 26200(a)(3) also explicitly adds medication as a separate category alongside alcohol and controlled substances.
SB 2 also added § 26230, which designates certain locations as off-limits for concealed carry. Under § 26230(a)(9), a licensee may not carry in:
"Any bar or restaurant serving alcohol for on-premises consumption, including adjacent parking areas."
This provision creates a location-based prohibition separate from the personal-impairment rules - a CCW holder cannot carry in a bar or alcohol-serving restaurant regardless of whether they are drinking.
Note on ongoing litigation: The enforceability of several § 26230 sensitive-place provisions, including the bar/restaurant ban, has been challenged in federal court. In May v. Bonta (S.D. Cal., Dec. 20, 2023), the district court preliminarily enjoined enforcement of the bar/restaurant provision, among others, but the Ninth Circuit panel in Wolford v. Lopez reversed the injunction as to bars and restaurants that serve alcohol, and on January 15, 2025 the full Ninth Circuit denied rehearing en banc, so the bar/restaurant carry ban is currently enforceable. As of early 2025, the Ninth Circuit panel in Wolford v. Lopez upheld similar restrictions, but a dissent from denial of rehearing en banc argued these provisions lack sufficient historical support. CCW holders should monitor this litigation closely, as the enforceability of § 26230(a)(9) may change.
Penal Code § 26202 (as amended by AB 1078) provides that a CCW applicant is a disqualified person who cannot receive or renew a license if they meet any of the following criteria:
These disqualification grounds apply at both initial application and renewal.
Penal Code § 26195 authorizes the issuing authority to revoke a CCW license for good cause. A violation of the carrying-under-the-influence provisions - whether under § 25600 or § 26200 - may serve as grounds for revocation.
Additionally, under § 26200(a)(10), a licensee who violates any federal, state, or local criminal law while carrying provides independent grounds for license action.
| Violation | Classification | Key Statute |
|---|---|---|
| Carrying concealed while under the influence | Misdemeanor | Penal Code § 25600 |
| Consuming alcohol/drugs while carrying | License violation | Penal Code § 26200(a)(1) |
| Being under the influence while carrying | License violation | Penal Code § 26200(a)(3) |
| Carrying in a bar or alcohol-serving restaurant | Enforceable (injunction reversed on appeal) | Penal Code § 26230(a)(9) |
| Substance abuse - license disqualification | Denial/non-renewal | Penal Code § 26202(a)(7)-(9) |
The Ninth Circuit in Wolford v. Lopez (2024) noted that laws separating firearms from alcohol have historical roots in colonial and Founding-era regulations restricting militiamen from alcohol, as well as Reconstruction-era state laws (Kansas 1867, Missouri 1883, Wisconsin 1883) that prohibited carrying firearms while intoxicated. The Fifth Circuit in United States v. Connelly, 117 F.4th 269, 282 (5th Cir. 2024) concluded that these historical analogues "would support, at most, a ban on carrying firearms while an individual is presently under the influence" - a narrower reading than California's location-based bar/restaurant ban.
This page covers one part of our California concealed carry guide.
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