Malcolm Rivera
California has some of the strictest gun laws in the US. Openly carrying loaded or unloaded firearms in public is generally prohibited. California does not allow constitutional or permitless carry. However, following the Supreme Court's ruling in NYSRPA v. Bruen, California is now a shall-issue state. This means that California generally requires a Carry Concealed Weapon (CCW) license to carry a concealed firearm in public. California does not honor concealed carry permits from any other states. California has identified 26 places deemed sensitive, such as playgrounds and public parks, where guns cannot be carried. California also prohibits carrying or possessing firearms in certain locations, including state or local public buildings, the State Capitol, and legislative offices.
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What You'll Learn
California's strict gun laws
California has some of the strictest gun laws in the United States. The state has been at the forefront of gun safety regulation for decades and has continually ranked as the leader across the country for its strong gun safety laws. California's gun laws are correlated with thousands of lives saved and the state has some of the lowest rates of gun deaths and gun ownership in the country.
California generally requires a Carry Concealed Weapon (CCW) license to carry a concealed firearm in public. To obtain a CCW license, an applicant must undergo an investigation to determine whether they are a "disqualified person." This includes an in-person interview, interviews with at least three character references, and a review of publicly available information about the applicant. New CCW license applicants are also required to complete a training course of at least 16 hours of instruction on firearm handling, shooting technique, and relevant gun safety laws.
California has a 10-day waiting period for all gun purchases, one of the strictest in the country, and requires background checks on all gun purchases and transfers, including private transfers and sales at gun shows. The state also bans the purchase of gun magazines larger than a prescribed size and prohibits the possession, distribution, sale, and manufacturing of assault weapons. California was also one of the first states to enact a red flag law, allowing law enforcement, family members, employers, coworkers, and school employees to seek a Gun Violence Restraining Order (GVRO) against an individual suspected of being a danger to themselves or others.
In addition to these regulations, California has strengthened its laws surrounding the public carry of firearms, developed sustainable funding for community violence intervention programs, and continued to strengthen its industry accountability laws and illegal gun removal programs. The state has also enacted measures to hold police accountable for excessive force and other misconduct. California does not have a stand-your-ground statute, and there is no duty to retreat before using force in public.
While California's strict gun laws have been credited with reducing gun violence in the state, they have also faced legal challenges, particularly in light of recent Second Amendment rulings from the U.S. Supreme Court.
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CCW licenses
California generally requires a Carry Concealed Weapon (CCW) license to carry a concealed firearm in public. The CCW license allows the licensee to carry a pistol, revolver, or other firearm capable of being concealed where not restricted or prohibited by federal, state, or local law.
CCW Licensing Requirements
Prior to June 2022, California law provided local law enforcement with broad discretion to issue or deny CCW licenses. However, in 2023, California updated its CCW licensing laws after the US Supreme Court's decision in New York State Rifle & Pistol Association ("NYSRPA") v. Bruen invalidated these specific aspects. The “good cause” and “good moral character" requirements were replaced, and now a licensing authority (such as a county sheriff or municipal police chief) shall issue or renew a CCW license if they determine that the applicant is not a disqualified person under certain defined and objective criteria and meets other specified requirements.
The CCW licensing authority must conduct an investigation to determine whether an applicant is a "disqualified person." This investigation must include an in-person interview with the applicant and interviews with at least three character references, one of whom must be the applicant's cohabitant if they have one. The authority must also review publicly available information about the applicant, all information provided in the application, and information provided by the California DOJ. New CCW license applicants are required to complete a training course approved by the local licensing authority, which must provide at least 16 hours of instruction on firearm handling, shooting technique, and relevant gun safety laws.
CCW License Application Process
The CCW application process can vary by county, but generally, all steps must be completed in order to be issued a license. Each application will be reviewed by the Sheriff's License Division staff, and applications that are accepted will be individually investigated to determine eligibility. The applicant must be the recorded owner of the firearm for which the license will be issued and not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
Paper applications are not accepted, and all transactions regarding CCWs are online. Supporting documentation, such as two proofs of residence and a California driver's license, must be uploaded during the application process. The applicant's fingerprints will also be taken for the FBI/DOJ background check, and their photo will be taken for the CCW permit if approved. The local CCW licensing authority must give written notice to the applicant within 120 days of the initial application or 30 days after receiving the applicant's criminal background check, whichever is later, indicating whether the application has been approved or denied.
CCW License Specifications
Every CCW license must specify the particular firearm the person is authorized to carry, including the manufacturer, serial number, and caliber, as well as the licensee's personal information such as name, driver's license or identification number, Criminal Identification and Information number, occupation, residence and business address, date of birth, height, weight, and eye and hair color. The license must also include the type of license issued, license issuance and expiration date, and the licensee's fingerprints and photo.
CCW License Restrictions
The local CCW licensing authority may include any reasonable restrictions or conditions on the license, including restrictions as to the time, place, manner, and circumstances under which the CCW license holder is authorized to carry a firearm in public. California has identified 26 "sensitive places," such as playgrounds, public parks, and museums, where even those with concealed carry permits are not allowed to bring their guns.
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Carrying a firearm for self-defence
California has some of the strictest gun laws in the US. Openly carrying loaded or unloaded firearms in public is generally prohibited in the state. However, a US citizen or legal resident over the age of 18 may generally carry a handgun within their place of residence, place of business, or on private property owned or lawfully possessed by them. No permit or license is required for a person to carry within these locations.
California does not allow constitutional or permitless carry. To carry a firearm in public in California, you must obtain a California Concealed Carry Weapons License (CCWL). This license must specify the particular firearm the person is authorized to carry, giving the name of the manufacturer, the serial number, and the calibre, as well as the licensee’s name, driver’s license or identification number, Criminal Identification and Information number, occupation, residence and business address, the licensee’s date of birth, height, weight, colour of eyes and hair, and indicate the type of license issued, including license issuance and expiration date, and shall contain the licensee’s fingerprints, a picture of the licensee.
The local CCW licensing authority may include any reasonable restrictions or conditions that it deems warranted, including restrictions as to the time, place, manner, and circumstances under which the CCW license holder is authorized to carry a firearm in public. Any such restrictions must be indicated on the license itself. The CCWL is good for two years.
California has identified 26 places that the law calls "sensitive places", like playgrounds, public parks, and museums, where you cannot bring your guns. California also generally prohibits carrying or possession of a firearm in any state or local public building, at any public meeting, or in the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing.
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Second Amendment challenges
California has some of the strictest gun laws in the country, and the state has been at the forefront of gun safety regulation for decades. However, with the strengthened protections for the Second Amendment coming from the US Supreme Court, many of California's gun laws are being challenged.
Rhode v. Bonta
The plaintiffs in this case challenged California's requirements for ammunition purchases, including background checks, under the Second Amendment, dormant Commerce Clause, and preemption doctrine. The district court permanently enjoined these requirements, but the Attorney General has appealed to the Ninth Circuit.
Chavez v. Bonta
The plaintiffs bring a Second Amendment challenge to Penal Code section 27510, which prohibits the commercial sale or transfer of centerfire, semi-automatic rifles to individuals under 21 years of age and requires anyone between 18 and 20 years of age to obtain a hunting license before acquiring any long gun.
Wallingford v. Bonta
This is an as-applied Second Amendment challenge to provisions in restraining orders that prohibit the plaintiffs from possessing firearms and ammunition. The trial court held that the law did not violate the Second Amendment, which was affirmed on appeal.
Brownstein v. Orange County Sheriff's Department
The plaintiff alleges that the denial of his Concealed Carry Weapon (CCW) license application based on a restraining order within the past five years amounts to constitutional violations, including the Second Amendment. The Attorney General is defending the law before the district court.
Hoffman v. Bonta
Out-of-state residents challenge the constitutionality of California's prohibition on CCWs for non-residents under the Second Amendment.
Duncan v. Bonta
The plaintiffs bring Second Amendment, Takings Clause, and Due Process Clause challenges to California's restrictions on the sale, manufacture, receipt, importation, or possession of large-capacity magazines (those that can accept more than 10 rounds of ammunition). The district court entered summary judgment for the plaintiffs and issued a permanent injunction, but the Attorney General is appealing the decision.
Miller v. Bonta
The plaintiffs challenge California's ban on the manufacture, sale, or possession of assault weapons under the Second Amendment.
Nguyen v. Bonta
The plaintiffs in this case are challenging California's "one gun a month" law as an unconstitutional infringement of the Second Amendment. The Second Amendment Law Center filed an amicus brief in support of the plaintiffs, arguing that the law restricts lawful gun owners and does nothing to stop criminals.
Jaymes v. Maduros
The California Rifle & Pistol Association (CRPA) and other Second Amendment associations have filed this case to challenge the imposition of an additional 11% tax on firearms, ammunition, and "precursor parts" in California.
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California's ban on possessing large-capacity gun magazines
In 2023, a federal appeals court allowed California's ban to remain in effect while the state appealed a lower court ruling that had found the ban unconstitutional. The en banc Ninth Circuit Court of Appeals, in a 7-4 decision, upheld the ban, stating that large-capacity magazines do not fall under the definition of "arms" protected by the Second Amendment. Judge Susan Graber, in Duncan v. Bonta, wrote that large-capacity magazines are "optional accessories" and not essential for the operation of firearms, thus distinguishing them from protected arms.
The Ninth Circuit's ruling set a significant precedent, as it is the country's largest appellate circuit, and its decision carries weight in multiple states with similar bans. The court acknowledged the distinction between "arms" and "accoutrements" (accessories) at the time of the Second Amendment's ratification, concluding that large-capacity magazines fall into the latter category. This decision was influenced by the state's response to “unprecedented societal concerns and dramatic technological changes," particularly regarding mass shootings.
While the Ninth Circuit's ruling is a setback for gun-rights activists, it reinforces California's commitment to gun safety regulations. The state has faced legal challenges to its gun control measures, but the Ninth Circuit's decision provides a binding precedent that supports the state's authority to implement restrictions aimed at reducing the lethality of mass shooting attacks. The ruling highlights the ongoing tension between the interpretation of the Second Amendment and the need for modern gun safety regulations.
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Frequently asked questions
No, California does not allow constitutional or permitless carry. California generally requires a Carry Concealed Weapon (CCW) license to carry a concealed firearm in public.
To obtain a CCW license in California, an applicant must demonstrate "good moral character" and "good cause" to issue the license, as well as residency in the county. The local CCW licensing authority must also conduct an investigation, including an in-person interview with the applicant and interviews with at least three character references.
Yes, California has identified 26 "sensitive places", such as playgrounds, public parks, and museums, where carrying firearms is prohibited. Additionally, California generally prohibits carrying firearms in state or local public buildings, legislative offices, the State Capitol, and certain other designated areas.
