California does not have a single, sweeping preemption law that bars cities and counties from regulating firearms. Instead, the state has carved out a...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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.
This page covers one part of our California concealed carry guide.
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