California Gun Laws: CCW Permits
The Second Amendment has almost always been a source of fierce debate. Due to recent headlines involving school and church shootings, the debate over the right to bear arms has become even more contentious.
Each state regulates their own laws concerning who, when, why, where and how citizens are allowed to carry weapons. California has very strict laws, and these laws have undergone significant changes in recent history. Our criminal defense attorneys can help you understand how to obtain a concealed weapons permit and what to do if you are accused of carrying a gun without a permit.
Requirements to Obtain a Carrying a Concealed Weapons Permit
Depending on where you live, the location to apply for a CCW varies. If you live in an unincorporated city, you need to apply to your local sheriff to obtain a CCW permit, according to California Penal Code Section 26150. Under California Penal Code Section 26155, if you live in an incorporated city, you can apply for a CCW permit with your local police department.
While the requirements to obtain a CCW are mostly similar, there are some slight differences between the two penal codes:
In order to obtain a CCW permit under PC 26150, you must go through the sheriff of the county in which you live. The sheriff may issue you a CCW permit if all of the following are true:
- You are of good moral character
- There is “good cause” for the issuance of the license
- You are a resident of the county or a city within the county, or your place of employment or business is located in the county or a city within the county and you spend a substantial period of time at your business or place of employment; and
- You have completed a weapons training course (PC 26165)
Under PC 26150, the sheriff may issue you a license that is valid to:
- Carry a pistol, revolve, or other firearm capable of being concealed upon the person; or
- Where the population of the county is less than 200,000 persons according to the most recent census, carry a loaded and exposed pistol, revolver or other firearm capable of being concealed upon the person in only that county.
Under PC 26155, you must apply for a CCW permit with the person, chief or other head of your local police department. However, in some cases, the sheriff of the county handles all applications for CCW permits. You may be issued a CCW permit if all of the following are true:
- You are of good moral character
- There is “good cause” for the issuance of the license
- You are a resident of that city; and
- You have completed a weapons training course (PC 26165)
If you are granted a CCW permit under PC 26155, your license will allow you to:
- Carry a pistol, revolver or other firearm capable of being concealed upon the person; or
- Where the population of the county in which the city is located is less than 200,000 according to the most recent census, carry a loaded and exposed pistol, revolver or other firearm capable of being concealed upon the person in only that county.
Please note, each individual county or city may have their own laws, rules and restrictions regarding where you can carry your concealed weapon. Please make sure you speak with an attorney who is knowledgeable about the concealed weapons laws in the area in which you live as well as any areas you visit frequently.
Related Crimes
If you do not have a CCW permit but you carry a weapon, you could be charged with various criminal offenses. Depending on the details of your case, some of the charges you could face include:
- Carrying a concealed firearm (Penal Code 25400(a)(2))
- Carrying a concealed firearm within a vehicle (Penal Code 25400(a)(1))
- Causing a concealed firearm to be carried within a vehicle (Penal Code 25400(a)(3))
- Openly carrying a firearm without a valid permit (Penal Code 26350)
Call the Criminal Defense Attorneys at Wallin & Klarich if You are Charged with Carrying a Concealed Firearm
If you have been charged with a crime involving carrying a firearm without a valid license, you need to contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing weapons-related charges for over 40 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the best outcome possible in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
