Historically, it was very difficult to get a CCW in CA. A CCW license allows a person carry a concealable firearm in public. After the US Supreme Court decision in Bruen v New York, the State of California could not longer uphold its “good cause” requirement for issuance of a CCW license. After the Bruen decision, many police agencies still denied people for lacking “good moral character.” However, as of January 1, 2024, moral character is no longer a reason for denial.

A new law called Senate Bill 2 took effect on January 1, 2024. It makes California a “shall issue” state, as long as the applicant meets specified requirements.

Applying for a CCW in CA

To apply for a California CCW license, you first need to legally own a registered handgun. Then, you apply through your local police department or county sheriff’s department — whichever agency has jurisdiction over your residence. First, review the application form to make sure you have all required information. Some police departments require you to submit the paper application, and others use an online system, such as Permitium, to process applications. So, check with your local agency to find out which process they use.

Answer all questions honestly and completely. We have seen a lot of denials for failure to disclose very old arrests, WIC 5150 holds, restraining orders, domestic violence incidents (even if you were the victim!), and more. We can win in court on some of these cases, but it’s best to be honest in the first instance.

You will also have to pay a fee. The fee varies by department, but can be anywhere from $100 to several hundred dollars. After you submit your application and pay the fee, the agency is supposed to process your application within 120 days, but many agencies take much longer than that. They will contact you to complete an interview, and they will request that you do a LiveScan to get your background check information. They may require a psychological examination at your expense, and there is a 16-hour training class that you have to take before they will issue your California CCW license.

Requirements to Get a CCW in CA

The requirements under Penal Code section 26155 are:

1. The applicant is not a disqualified person to receive such a license under Penal Code section 26202. (see below)
2. The applicant is at least 21 years of age and presents clear evidence of the person’s identity and age.
3. The applicant is a resident of that city or city and county.
4. The applicant has completed the relevant training court (16 hours for initial issuance).
5. The applicant is the registered owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued.

Reasons to Deny a CA CCW License

The prohibiting categories in Penal Code section 26202 (requirement 1 above) are that the applicant:

1. Is reasonably likely to be a danger to self, others, or the community at large, as demonstrated by anything in the application for a license or through the investigation, or as shown by the results of any psychological assessment.
2. Has been convicted of contempt of court under Section 166.
3. Has been subject to any restraining order, protective order, or other type of specified court order that expired within the last 5 years.
4. In the 10 years prior to the CCW application, the applicant has been convicted of an offense listed in Penal Code section 422.6, 422.7, 422.75, or 29805.
5. Has engaged in the unlawful or reckless use, display, or brandishing of a firearm.
6. In the 10 years prior to the CCW application, has been charged with any offense listed in Penal Code section 290, 667.5, 1192.7, 1192.8, or 29805 that was dismissed pursuant to a plea or dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.  (A Harvey waiver is an agreement to pay restitution for a dismissed count or charge).
7. In the 5 years prior to the CCW application, has been committed to or incarcerated in county jail or state prison for, or on probation, parole, postrelease community supervision, or mandatory supervision as a result of conviction of an offense, an element of which involves controlled substances, as described in Health & Safety Code sections 11053 to 11058.
8. Is currently abusing controlled substances, as described in Health & Safety Code sections 11053 to 11058.
9. In the 10 years prior to the CCW application, has experienced the theft or loss of multiple firearms due to the applicant’s lack of compliance with federal, state, or local law regarding storing, transporting, or securing the firearm.
10. Failed to report the loss of a firearm as required by Penal Code section 25250 or any other law requiring reporting of the loss of a firearm.

Required Investigation

The investigation that a CCW issuing agency must perform before issuing a permit includes (this relates to prohibiting category 1 above):

1. An in-person interview with the applicant.
2. Interviews with at least three references, one of whom should be the applicant’s spouse or cohabitant, if applicable.
3. A review of publicly available information about the applicant, including publicly available statements published or posted by the applicant.  (Think social media posts)
4. A review of the information provided in the application for the CCW permit.
5. A review of information provided by the Department of Justice in the live-scan report.
6. A review of the California Restraining Order system accessible through the California Law Enforcement Communications System (CLETS).

An issuing agency may perform additional investigative efforts to determine whether a CCW applicant is suitable for a license to carry a concealed firearm.

What if Your CA CCW License is Denied?

If a CCW licensing agency denies a license, the applicant has 30 days to file a request for a hearing in court to challenge that CCW license denial. (PC 26206) The request for hearing form is a BOF 1031  A District Attorney (prosecutor) then has the burden of showing by a preponderance of evidence that the applicant is a disqualified person.

Attorney Don Hammond has won these hearings in both L.A. and Orange County, and is currently handling cases in several other counties.

CA CCW License Application Tips

Be completely honest when you answer each question. The police will find your history and you don’t want to look like you are hiding something. If you need help with your application, please give us a call. We charge $100 for a gun-related phone call and $750 for application help. If your application is denied, we will apply these fees toward representation at a court hearing to appeal the denial.

Attorney Don Hammond at Criminal Defense Heroes, P.C. is experienced with firearms and CCW issues. In addition to being an NRA certified shooting instructor, Mr. Hammond is a Critical Response Attorney for the USCCA and on the attorney list for the Armed Citizens Legal Defense Network. If you need help with the CCW application process, give us a call today at  323-529-3660!