Preemption | California Concealed Carry

California State Preemption Overview for Concealed Carry

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

Local Authority Over Concealed Carry Permits

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

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

This means:

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

State-Level Requirements (Baseline)

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

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

SB 2 (2023) - Strengthened Public Carry Regulations

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

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

Sensitive Places Restrictions

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

Local Variation in Practice

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

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

Non-Resident CCW Applicants

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

Key Takeaway

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