· gun laws · 13 min read
California Concealed Carry Firearm Laws
California: Gun Laws Summary
California is a shall-issue state where licenses to own firearms are issued by the county sheriff’s office or local police station (source). All firearms sales must be completed through a dealer. A permit to purchase, a background check and transaction report to the DOJ are required to buy a handgun. No person may sell, loan, or transfer a firearm to a minor, nor sell a handgun to an individual under 21 years of age. All ammunition purchases require a DOJ “point of sale” eligibility check with $1 paid by the consumer. The open carry of firearms is generally prohibited in California, with a few exceptions (source).
Self-Defense
California is a Castle Doctrine state (source). Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred (source). Though California does not have a stand your ground statute, the state appellate cases have held that there is no duty to retreat before using force in public. In addition, California Criminal Jury Instructions (CALCRIM) allow a jury to acquit someone based on a stand-your-ground defense (source).
Concealed Carry
Concealed carry is only legal with a California Concealed Carry Weapons License (CCW) (source). The minimum age is 18 years old, although a licensing authority has the discretion to require applicants to be older than 18 years of age. A CCWL may include any reasonable restrictions or conditions which the issuing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry a firearm. Many areas are off-limits, including schools, courthouses, and businesses that sell alcohol for consumption. As of January 1, 2019, concealed carry licenses require a minimum eight-hour firearms training course that teaches California firearms laws and gun safety, including firing of a gun in a “live-fire” shooting exercise at a shooting range. California issues carry licenses to residents, individuals who work in the state and active duty military members permanently stationed in California (source).
Open Carry
The open carry of firearms is generally prohibited in California, with a few exceptions. The sheriff of any county with a population under 200,000 people, or the chief of police of a city within that county, may issue licenses to carry a loaded, exposed handgun. Those licenses are only valid in the county where they are issued (source).
California: Gun Laws at a Glance
| Minimum Age for Concealed Carry License | The minimum age is 18 years old, although a licensing authority has the discretion to require applicants to be older than 18 years of age. Some issuing authorities require licensees to be 21. [Cal. Pen. Code § 26150] |
| Concealed Carry of Weapons Other Than Handguns | Pistols, revolvers and other firearms capable of being concealed upon the person. [Cal. Pen. Code § 26150] |
| Magazine Capacity Restrictions for Handguns | Yes. No more than 10 rounds. As of late December, 2021, the U.S. 9th Circuit Court of Appeals granted a 150-day stay in the case of Duncan v. Bonta, blocking the state of California from enforcing its firearm magazine prohibition law. If the backers in the lawsuit file a petition with the U.S. Supreme Court on the matter during that 150-day period, the stay will continue until the case’s final disposition with the nation’s highest court. The U.S. 9th Circuit Court of Appeals ruled on November 30, 2021, to uphold California’s ban on large-capacity ammunition magazines. Therefore, the ban on owning large-capacity magazines will stay in place for now. Attorney General Rob Bonta has indicated that there still needs to be another order to officially put the ban in place. So, it technically could go into effect in as soon as a few days unless it’s fought again and goes up to the supreme court, which is very likely. It is not yet known whether enforcement of the ban will continue to be blocked until the Supreme Court decides whether to weigh in. An August 14, 2020, an appellate court decision affirmed the district court’s judgment that California Government Code § 32310, which bans possession of large capacity magazines (“LCMs”) that hold more than ten rounds of ammunition violated the Second Amendment. The state of California now has the option of asking the U.S. Supreme Court to review the decision and may seek a delay on implementation of the decision to prevent a surge in purchases. On April 4, 2019, Judge Benitez issued a stay, and the law criminalizing the importation or sale of the high-capacity magazines was reinstated on April 5, 2019, pending the attorney general’s appeal to the Ninth Circuit. Those who have imported LCMs into California in the week since he declared the state’s ban on the weapons unconstitutional do not have to give up their weapons or be criminalized for owning them. On March 29, 2019, a federal judge upheld his earlier decision blocking a California law barring gun owners from possessing LCMs. The judge struck down both the latest ban on possessing the magazines by those who are grandfathered in, but also indicated that everyone has a right to acquire one. Until legal challenges are exhausted, the following historical information regarding PC 32310 will be maintained on the site. Prior to this ruling, >10 round magazines owned prior to January 1, 2000 are still allowed pending a decision by the district court on whether to grant a permanent injunction and the Ninth Circuit’s resolution of an appeal of that decision. Any person who possesses any LCM (defined as >10 rounds), regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed $100 per LCM, or is guilty of a misdemeanor punishable by a fine not to exceed $100 per LCM, by imprisonment in a county jail not to exceed one year or by both that fine and imprisonment. The statute required that prior to July 1, 2017, any person who may not lawfully possess a LCM do one of three things: Remove the LCM from the state; Sell the LCM to a licensed firearms dealer; or Surrender the LCM to a law enforcement agency for destruction. On February 7, 2018 the United States District Court for the Eastern District of California ruled that PC 32310 is constitutional and does not violate gun owners’ equal protection rights. [Cal. Pen. Code § 32310] |
| Taser or Stun Gun Ownership | Yes. Stun guns and Tasers are legal to purchase and possess without a license. The minimum age to purchase is 19 years old with no felony convictions. Stun guns and Tasers are not permitted on the property of any state universities, upon the grounds of, or within any K-12 public or private school or within the sterile area of an airport. A CCWL is required for concealed carry within the State Capitol, legislative office, any state or local public building or at any meeting required to be open to the public. [[Cal. Pen. Code § 25610](https://govt.westlaw.com/calregs/Document/I10314A00D48811DEBC02831C6D6C108E?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp |
California: Carry Locations
| Storing Firearms in Private Vehicles in an Employee Parking Lot | Not addressed in California state law, although employers may have a policy. | ||||||||||||||||||||||||||||||||||
| Carrying a Concealed Handgun in a Vehicle | Yes, with a California CCWL. Without a license, the firearm must be locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment. A locked container is defined as a secure container which is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device. In addition, ammunition must not be attached to the firearm. [
California: Key State Laws
California: Handgun Purchase and Possession
|