2024 SB 2 Update
AS OF 01/06/2024, SB 2 HAS BEEN STAYED BY A FEDERAL COURT. AFTER BRIEFLY GOING INTO EFFECT, SB 2 IS NOT IN EFFECT. Permittees should continue to carry under pre-2024 terms, conditions, and laws absent other legal advice.
PRE-2024/SB 2 Details
This section is anachronistic due to SB 2 (see above) and only applies to Californian's who are licensed to carry. Non-residents cannot carry in California on another state's carry permit.
California is quite restrictive as to where one can and can't carry a firearm, even as a licensee. The practical matter is that as a the maxim goes, "concealed means concealed," and a lot of these places may never know one is carrying. The trouble lies in needing to use the firearm. If one uses their firearm lawfully under circumstances they weren't supposed to be armed, the license could be suspended or the carrier could possibly be arrested. The issue of taking chances and not getting caught are a personal decision to make when considering self-protection vs. obeying arbitrary rules.
California is quite restrictive as to where one can and can't carry a firearm, even as a licensee. The practical matter is that as a the maxim goes, "concealed means concealed," and a lot of these places may never know one is carrying. The trouble lies in needing to use the firearm. If one uses their firearm lawfully under circumstances they weren't supposed to be armed, the license could be suspended or the carrier could possibly be arrested. The issue of taking chances and not getting caught are a personal decision to make when considering self-protection vs. obeying arbitrary rules.
YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY. GUN FREE ZONES WITHOUT SERIOUS SECURITY SCREENING ARE WORTHLESS. LAWS AND SIGNS CANNOT PROTECT YOU. YOU MAY CHOOSE TO CARRY ANYWAY, BUT YOU DO AT YOUR OWN (LEGAL) RISK.
Highlights
Can carry
You can carry in a public building or at a public meeting.
You may carry in a courthouse/courtroom, if you are not a party to a court action. Many courts will refuse armed licensees entry in violation of the law.
You can carry at a park or playground (not actually on school grounds).
Can’t
Common conditions/conjectural prohibitions
You can carry in a public building or at a public meeting.
You may carry in a courthouse/courtroom, if you are not a party to a court action. Many courts will refuse armed licensees entry in violation of the law.
You can carry at a park or playground (not actually on school grounds).
Can’t
- You cannot carry in a courthouse/courtroom, if you are a party to a court action.
- You cannot carry at the State Capitol or on the grounds.
- You cannot carry at a jail/prison.
- You cannot carry at a polling place.
- You cannot carry at Cal Expo properties.
- You cannot carry at a school, college, or university.
- You cannot carry your handgun and it’s ammo at a gun show.
- Federal facilities and courthouses
- Post Offices
- VA Hospitals and cemeteries
- Military bases
Common conditions/conjectural prohibitions
- You cannot carry while consuming any alcoholic beverage or under the influence of any medication or drug, whether prescribed or not.
- You cannot be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption.
General firearm prohibited areas
Federal Law
Federal buildings and courthouses
It is illegal to carry a firearm into any federally owned building or courthouse.
- You may not carry a firearm in a federal building or courthouse.
- You may not carry a firearm into a post office.
- You may not carry at a VA hospital, facility, veteran's home, or a cemetery.
Federal buildings and courthouses
It is illegal to carry a firearm into any federally owned building or courthouse.
18 USC § 930. [omissions made]
(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(d) Subsection (a) shall not apply to--
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(e)(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.
(3) The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.
(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.
Note: this section applies to all buildings owned or operated by the federal government whether it is an actual “Federal Building” or a federal courthouse. This includes small federal government agency offices and ones at National Parks.
Note: unless you are carrying a weapon to commit a crime (see omitted (b) and (c)), notices must be posted for you to be convicted. Subsection (h) does not mean that you can carry in those places if they aren’t posted, but rather that the government has to post them as “no weapons” in order to successfully prosecute you or prove that you had “actual notice” (which is undefined).
Note: unless you are carrying a weapon to commit a crime (see omitted (b) and (c)), notices must be posted for you to be convicted. Subsection (h) does not mean that you can carry in those places if they aren’t posted, but rather that the government has to post them as “no weapons” in order to successfully prosecute you or prove that you had “actual notice” (which is undefined).
Post Office
39 CFR 232.1(l). Weapons and explosives. Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.
Note: This includes the parking lot, but not post-office windows in stores (contract stations).
Veteran’s Administration (VA)
Hospitals, cemeteries, and other facilities
Hospitals, cemeteries, and other facilities
38 CFR § 1.218. (a) [...] the following rules and regulations apply at all property under the charge and control of VA (and not under the charge and control of the General Services Administration) [...]
(13) Weapons and explosives. No person while on property shall carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, except for official purposes.
Note: The VA owns 131 out of 147 veteran’s cemeteries nationwide.
Military bases
Military bases would be considered a federal facility. Please consult your local military base for further details.
Federal prisons
28 CFR Subpart B et seq. allow searched of non-inmates for prohibited items, which include firearms. Weapons are prohibited under 18 USC § 930 and supplying contraband is a separate crime.
Airports/Aircraft
See: 49 CFR 1540.111 and 49 USC § 46505
Under federal law, firearms are prohibited beyond the TSA checkpoints. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. Check your bags! Even loose ammunition, empty magazines, spent cases, and miscellaneous gun parts have caused problems and prosecutions for travelers. Learn more about the TSA regulations.
Military bases would be considered a federal facility. Please consult your local military base for further details.
Federal prisons
28 CFR Subpart B et seq. allow searched of non-inmates for prohibited items, which include firearms. Weapons are prohibited under 18 USC § 930 and supplying contraband is a separate crime.
Airports/Aircraft
See: 49 CFR 1540.111 and 49 USC § 46505
Under federal law, firearms are prohibited beyond the TSA checkpoints. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. Check your bags! Even loose ammunition, empty magazines, spent cases, and miscellaneous gun parts have caused problems and prosecutions for travelers. Learn more about the TSA regulations.
State law
Firearms banned in public buildings, generally
171b. (a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:
(1) Any firearm.
[(2)-(6) omitted; basically any weapon, lethal or not]
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) [evidence permitted, omitted]
(2) (A) [peace officers, omitted]
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if he or she is a party to an action pending before the court.
(3) A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6.
(4) A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government.
(6) [security and private investigators, omitted]
(7) (A) A person who, for the purpose of sale or trade, brings any weapon that may otherwise be lawfully transferred, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6.
(B) A person who, for purposes of an authorized public exhibition, brings any weapon that may otherwise be lawfully possessed, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6.
(c) As used in this section, “state or local public building” means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the state or local government, if state or local public employees are regularly present for the purposes of performing their official duties. A state or local public building includes, but is not limited to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be used, by state or local employees as a place of residence.
As a general rule, licensees may carry concealed in a public building.
Firearms are not permitted in any state or local building (without permission), unless you live there or are attending a gun show. Those who have a license to carry are exempt, except in courtrooms unless the licensee is a party to an action pending before the court.
Courthouse/courtroom
Licensees are exempt, unless the licensee is a party to an action pending before the court. The statute doesn’t specify if the matter is being heard before the court at that time or if there simply is a case or charges currently filed. As far as the whole building vs. the courtroom itself, in practice it is extended to the whole building.
However, most courthouses prohibit licensees from carrying, this section notwithstanding. Any licensees attempting to carry in a courthouse should expect to have a lively debate with the deputy sheriffs/marshals. Attempting to force the issue may result in one's license being revoked.
Capitol and special Capitol Complex offices
Firearms are not permitted in any state or local building (without permission), unless you live there or are attending a gun show. Those who have a license to carry are exempt, except in courtrooms unless the licensee is a party to an action pending before the court.
Courthouse/courtroom
Licensees are exempt, unless the licensee is a party to an action pending before the court. The statute doesn’t specify if the matter is being heard before the court at that time or if there simply is a case or charges currently filed. As far as the whole building vs. the courtroom itself, in practice it is extended to the whole building.
However, most courthouses prohibit licensees from carrying, this section notwithstanding. Any licensees attempting to carry in a courthouse should expect to have a lively debate with the deputy sheriffs/marshals. Attempting to force the issue may result in one's license being revoked.
Capitol and special Capitol Complex offices
171c. (a) (1) Any person who brings a loaded firearm into, or possesses a loaded firearm within, 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, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, shall be punished by imprisonment in a county jail for a period of not more than one year, a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170.
(2) Any person who brings or possesses, within the State Capitol, any legislative office, any hearing room in which any committee of the Senate or Assembly is conducting a hearing, the Legislative Office Building at 1020 N Street in the City of Sacramento, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, any of the following, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the area is posted with a statement providing reasonable notice that prosecution may result from possession of any of these items:
(A) Any firearm.
[(B)-(H) omitted; basically any weapon, lethal or not]
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) [peace officers; omitted]
(2) A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, and who has permission granted by the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a concealed weapon upon the premises described in subdivision (a).
(3) A person who has permission granted by the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a weapon upon the premises described in subdivision (a).
(c) [penalties, omitted]
Note: firearms are not permitted on the grounds of the Capitol, not just in the building. Licensed carriers are highly unlikely to gain permission; this exemption is intended only for Legislators and powerful state officers/staffers, not the average person. This bill dates from the Mulford Act is a direct result of the Black Panther protest.
Governor’s and Legislators’ residences, 171d
This section is not recapitulated here. While CCW permit holders are exempt, they are not likely to be invited into the Governor’s office or residence, although they might tour the unoccupied official mansion. Also much of the people who are exempt (family, visitors, workers) specifically allowed in, which the armed public is not likely to be amongst, was removed from the quoted statute for clarity.
This section is not recapitulated here. While CCW permit holders are exempt, they are not likely to be invited into the Governor’s office or residence, although they might tour the unoccupied official mansion. Also much of the people who are exempt (family, visitors, workers) specifically allowed in, which the armed public is not likely to be amongst, was removed from the quoted statute for clarity.
State Gun-Free School-Zone Act
626.9. (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (4) of subdivision (e), shall be punished as specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(e)(4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. […]
(i) [unloaded firearm, otherwise identical to (h) except for minimum penalty]
Prisons and jails
4574. (a) Except when otherwise authorized by law, or when authorized […], any person, who knowingly brings or sends into, or knowingly assists in bringing into, or sending into, any state prison or prison road camp or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, or any jail or any county road camp in this state, or within the grounds belonging or adjacent to any such institution, any firearms, deadly weapons, or explosives, and any person who, while lawfully confined in a jail or county road camp possesses therein any firearm, deadly weapon, explosive, tear gas or tear gas weapon, is guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
Gun show
27330. No person at a gun show or event, other than security personnel or sworn peace officers, shall possess at the same time both a firearm and ammunition that is designed to be fired in the firearm. Vendors having those items at the show for sale or exhibition are exempt from this prohibition.
Polling places
18544 ELC. (a) Any person in possession of a firearm or [peace officers, security guards, omitted] who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(b) This section shall not apply to any of the following:
(1) An unarmed uniformed guard or security personnel who is at the polling place to cast his or her vote.
[(2)-(4) omitted as not applicable to private citizens]
Note: there is no exemption for licensees.
State Hospitals
9 CCR § 4353 [omissions made]
(b) All persons entering the secured area are subject to searches of their person, including but not limited to metal detectors, wand searches, K-9, X-ray, cell phone detecting devices, devices to detect controlled substances, and pat-down searches.
(d) Contraband considered illegal pursuant to Penal Code provisions shall be confiscated. Persons with contraband specific to DSH or the hospital shall be instructed to return the item to the car or officers may agree to hold the item for person to retrieve when exiting the secured facility.
(e) Persons refusing searches are not permitted within the secured facility.
Juvenile justice facilities
9 CCR § 30945 [omissions made]
To enforce conformity with the rules governing contraband the superintendent shall:
(d) Prohibit the entrance of contraband including weapons, firearms or explosives into the security area unless there is an extreme emergency.
Cal Expo properties (State Fair)
No person shall carry or transport, in any manner, dangerous weapons or articles in or upon the buildings or grounds of Cal Expo. Such weapons or articles shall include, but not be limited to, any instrument commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any knife having a blade longer than four inches, any razor with an unguarded blade and any metal pipe or bar, and any substance which can be exploded or burned in a manner which might produce bodily injury or damage to Cal Expo properties. The prohibitions of this section do not apply to persons carrying or transporting such items in connection with their duties as State employees or to persons conducting any other legitimate business, or service on Cal Expo premises.
Game lands
CA Fish & Game Code § 10500
Except under a permit or specific authorization, it is unlawful to do any of the following:
(b) To use or have in possession in a game refuge, a firearm, BB device as defined in Section 16250 of the Penal Code, crossbow, bow and arrow, or a trap or other contrivance designed to be, or capable of being, used to take birds or mammals, or to discharge a firearm or BB device or to release an arrow or crossbow bolt into a game refuge.
(d) To take or possess a bird, discharge a firearm or BB device, or release an arrow or crossbow bolt, within or into a waterfowl refuge.
FAQ
Can I carry openly with my license to carry?
No you may not openly carry your handgun. 25655 requires that the weapon be carried “in a concealed manner” and 26010, the loaded handgun exemption, refers back to that license. All handguns must be carried pursuant to the terms of the license. The only exception is for a "loaded and exposed" permit in a county of 200,000 or less. The permit is an either/or situation; either concealed or open carry (26150(b)(2) PC). We are not aware of any sheriffs issuing such a permit.
Is CCW insurance required?
Firearm liability insurance is not required, per 26190(g). We do recommend legal defense assistance, however, as many people cannot afford to put attorneys on retainer and a good defense may bankrupt an average person.
We highly recommend purchasing a membership with USCCA which, in addition to great knowledge and training databases, will provide you with legal protect in the event you have to use a weapon in self-defense. USCCA will help you access an attorney and provide funding for a defense and civil suits. Don’t go it alone or risk it all with a public defender. You can’t afford not to have legal protection in your pocket.
What are some typical conditions?
The standard application for concealed weapons states the following:
While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not, when carrying a concealed weapon:
There is no statutory authority for imposing these restrictions, however, many sheriffs/chiefs include them as among their conditions. If you violate these restrictions you may lose your license or even be charged with a concealed firearm violation under the theory your license is only valid if you obey the conditions.
Do I have to tell a peace officer I’m armed/show him my license?
While there is no statutory requirement to do so, showing the license on demand is listed as a standard condition on the application form.
Can I drink while carrying?
Legally it is dubious. This is probably a condition from the issuing authority. Should you be arrested, the courts would need to settle the matter. While the statutory authority is thin for enforcing conditions, licensees should not expect any leeway from the state and at a minimum loss of their license.
In 2014, Damon Gardner, a former Mendocino County deputy district attorney, was charged with carrying a concealed weapon because he had been consuming alcohol while armed before being involved in a defensive shooting. While he was exonerated in the shooting, Sacramento County pressed the concealed weapon charge as Gardner violated the conditions of his license. Note that this was a plea bargain in Superior Court case and is not case law.
Many people can carry firearms safely while consuming alcohol. Many states allow persons to possess firearms as long as they are not intoxicated. We allow people to drive vehicles if they are not intoxicated, and driving is not a constitutionally protected right, so why are citizens deprived of the right to defend themselves? California’s strict gun control laws and strict CCW policies left everyone in the Borderline Bar & Grill in Thousand Oaks disarmed that terrible night in 2018. No one deserves to be disarmed merely because they are having a drink.
If you carry in a bar or while having a drink, you do so at your own risk. Regardless of the law, know yourself. If you are intemperate or careless while drinking, don’t carry. If you’re out to get drunk vs. having a beer with dinner, maybe it’s better you don’t carry. Making blanket judgments about carrying while drinking is ignorant and a pedantic way for gun owners to behave. What we can all agree on is that if you are intoxicated it is best to put the guns away and leave the car keys on the nightstand.
What if I violate the terms of my license?
If anyone finds out…best case scenario, your license is revoked. Worst case, you are charged with a concealed weapon violation (25400 PC) and become a test case.
What if I carry without a permit and get caught?
You better hope the cop is cool and/or you have a good lawyer that can score you a good plea deal. Penalties for concealed carry of a [insert below violation] without a valid permit:
Remember that it is both illegal to carry a concealed firearm and to carry a loaded firearm. Additionally, several charges may be added if you are in an "enhanced" area like a school zone, which is a felony.
A felony will make you a prohibited person for life. A misdemeanor, in California, will cause a five year loss of firearm rights as condition of probation. Any misdemeanor gun violation in California will probably disqualify you for license to carry forever and may cause permits from other states to be revoked.
I’m an armed security guard with a BSIS Firearms Permit; can I carry concealed?
Not without a separate Penal Code License to Carry or special exemption. Many security guards have been arrested for concealed firearm violations under the mistaken belief they can carry concealed. The BSIS Firearms Permit applies only to openly carried firearms. Security guards should not carry concealed unless they have a license to carry concealed.
Do I have to carry my license with me?
Technically no, but it’s a terrible idea. The actual licensee exemptions to concealed weapon and loaded handgun violations are as follows:
No you may not openly carry your handgun. 25655 requires that the weapon be carried “in a concealed manner” and 26010, the loaded handgun exemption, refers back to that license. All handguns must be carried pursuant to the terms of the license. The only exception is for a "loaded and exposed" permit in a county of 200,000 or less. The permit is an either/or situation; either concealed or open carry (26150(b)(2) PC). We are not aware of any sheriffs issuing such a permit.
Is CCW insurance required?
Firearm liability insurance is not required, per 26190(g). We do recommend legal defense assistance, however, as many people cannot afford to put attorneys on retainer and a good defense may bankrupt an average person.
We highly recommend purchasing a membership with USCCA which, in addition to great knowledge and training databases, will provide you with legal protect in the event you have to use a weapon in self-defense. USCCA will help you access an attorney and provide funding for a defense and civil suits. Don’t go it alone or risk it all with a public defender. You can’t afford not to have legal protection in your pocket.
What are some typical conditions?
The standard application for concealed weapons states the following:
While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not, when carrying a concealed weapon:
- Consume any alcoholic beverage.
- Be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption.
- Be under the influence of any medication or drug, whether prescribed or not.
- Refuse to show the license or surrender the concealed weapon to any peace officer upon demand.
- Impede any peace officer in the performance of his/her duties.
- Present himself/herself as a peace officer to any person unless he/she is, in fact, a peace officer as defined by California law.
- Unjustifiably display a concealed weapon.
- Carry a concealed weapon not listed on the permit.
- Carry a concealed weapon at times or circumstances other than those specified in the permit.
There is no statutory authority for imposing these restrictions, however, many sheriffs/chiefs include them as among their conditions. If you violate these restrictions you may lose your license or even be charged with a concealed firearm violation under the theory your license is only valid if you obey the conditions.
Do I have to tell a peace officer I’m armed/show him my license?
While there is no statutory requirement to do so, showing the license on demand is listed as a standard condition on the application form.
Can I drink while carrying?
Legally it is dubious. This is probably a condition from the issuing authority. Should you be arrested, the courts would need to settle the matter. While the statutory authority is thin for enforcing conditions, licensees should not expect any leeway from the state and at a minimum loss of their license.
In 2014, Damon Gardner, a former Mendocino County deputy district attorney, was charged with carrying a concealed weapon because he had been consuming alcohol while armed before being involved in a defensive shooting. While he was exonerated in the shooting, Sacramento County pressed the concealed weapon charge as Gardner violated the conditions of his license. Note that this was a plea bargain in Superior Court case and is not case law.
Many people can carry firearms safely while consuming alcohol. Many states allow persons to possess firearms as long as they are not intoxicated. We allow people to drive vehicles if they are not intoxicated, and driving is not a constitutionally protected right, so why are citizens deprived of the right to defend themselves? California’s strict gun control laws and strict CCW policies left everyone in the Borderline Bar & Grill in Thousand Oaks disarmed that terrible night in 2018. No one deserves to be disarmed merely because they are having a drink.
If you carry in a bar or while having a drink, you do so at your own risk. Regardless of the law, know yourself. If you are intemperate or careless while drinking, don’t carry. If you’re out to get drunk vs. having a beer with dinner, maybe it’s better you don’t carry. Making blanket judgments about carrying while drinking is ignorant and a pedantic way for gun owners to behave. What we can all agree on is that if you are intoxicated it is best to put the guns away and leave the car keys on the nightstand.
What if I violate the terms of my license?
If anyone finds out…best case scenario, your license is revoked. Worst case, you are charged with a concealed weapon violation (25400 PC) and become a test case.
What if I carry without a permit and get caught?
You better hope the cop is cool and/or you have a good lawyer that can score you a good plea deal. Penalties for concealed carry of a [insert below violation] without a valid permit:
- an unloaded registered handgun; misdemeanor--25400(c)(7)
- an unloaded unregistered handgun; felony—25400(c)(6)
- a loaded registered handgun; two misdemeanors—25400(c)(7), 25850(c)(7)
- a loaded unregistered handgun; two felonies—25400(c)(6), 25850(c)(6)
Remember that it is both illegal to carry a concealed firearm and to carry a loaded firearm. Additionally, several charges may be added if you are in an "enhanced" area like a school zone, which is a felony.
A felony will make you a prohibited person for life. A misdemeanor, in California, will cause a five year loss of firearm rights as condition of probation. Any misdemeanor gun violation in California will probably disqualify you for license to carry forever and may cause permits from other states to be revoked.
I’m an armed security guard with a BSIS Firearms Permit; can I carry concealed?
Not without a separate Penal Code License to Carry or special exemption. Many security guards have been arrested for concealed firearm violations under the mistaken belief they can carry concealed. The BSIS Firearms Permit applies only to openly carried firearms. Security guards should not carry concealed unless they have a license to carry concealed.
Do I have to carry my license with me?
Technically no, but it’s a terrible idea. The actual licensee exemptions to concealed weapon and loaded handgun violations are as follows:
26010. Section 25850 does not apply to the carrying of any handgun by any person as authorized pursuant to Chapter 4 (commencing with Section 26150 [CCW licensees]) of Division 5.
26010. Section 25850 does not apply to the carrying of any handgun by any person as authorized pursuant to Chapter 4 (commencing with Section 26150 [CCW licensees]) of Division 5.
While these sections do not require you to carry your license while armed, it is highly recommended and is often a condition of the license. Being found armed without one will be an interesting conversation and you will probably be detained at a minimum and may lose your license if the issuing agency finds out.
What if I'm a non-resident of California?
You cannot carry here. California does not issue to non-residents. California also does not recognize any other state's licenses/permits.
What if my city and county doesn't issue permits?
Sucks for you.
Is my license valid throughout the state?
Yes, even in Sacramento and San Francisco (barring any other laws or conditions).
What if my handgun’s outline shows through my clothing?
California has no laws on printing and no case law on the matter; printing is not illegal. People might freak out and call the police, but you have license so there is no violation. However, due to the anti-gun climate in California and unfortunately the civil violence climate it is advised, in addition to the ordinary arguments for keeping well concealed, that one keeps their firearm covered up.
People v. Hodges (1999) defines “concealed":
What if I'm a non-resident of California?
You cannot carry here. California does not issue to non-residents. California also does not recognize any other state's licenses/permits.
What if my city and county doesn't issue permits?
Sucks for you.
Is my license valid throughout the state?
Yes, even in Sacramento and San Francisco (barring any other laws or conditions).
What if my handgun’s outline shows through my clothing?
California has no laws on printing and no case law on the matter; printing is not illegal. People might freak out and call the police, but you have license so there is no violation. However, due to the anti-gun climate in California and unfortunately the civil violence climate it is advised, in addition to the ordinary arguments for keeping well concealed, that one keeps their firearm covered up.
People v. Hodges (1999) defines “concealed":
Statutory terms are to be understood in their ordinary and usual meanings unless the context indicates otherwise. To conceal is [...] ‘1: to prevent disclosure or recognition of: avoid revelation of: refrain from revealing: withhold knowledge of: draw attention from: treat so as to be unnoticed... 2: to place out of sight: withdraw from being observed: shield from vision or notice...’[Webster's]”
People v. Fuentes (1976) and People v. Wharton (1992) requires “substantial concealment,” both of which found that a partially exposed dirk or dagger (analogous to a tucked pistol) was concealed and not openly carried. “The mere fact that some portion of the handle may have been visible makes it no less a concealed weapon,” (Fuentes).
The statewide standard application states, but is not backed by a specific statute that: a permittee “unjustifiably display a concealed weapon.” This is like a reference to brandishing, 417 PC. 26200 PC allows the issuing sheriff or police chief to place “reasonable restrictions” on many conditions, including the “manner” of carry. I have been unable to find any cases where imprinting has led to trouble in California (at least for permittees).
What if other people see my gun?
Unintentional exposure is not a crime in California. True unforeseen circumstances causing one’s gun to become exposed should not be an issue, but in the highly sensitive atmosphere of California, it could lead to negative consequences. Carefully ensure your gun is concealed to avoid drawing the ire of an overly sensitive sheriff/chief.
While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not, when carrying a concealed weapon: One of the standard conditions is: “Unjustifiably display a concealed weapon.”
Persons have had their licenses revoked for non-threatening displays of their firearm in innocent situations to answer curiosity regarding guns. Do not discuss the fact that you are carrying a firearm except among only people that you know well and trust and who approved of concealed carry and only at your private property. Never expose your carry gun in public except in lawful self-defense.
What if my handgun is unloaded? Can I still carry it concealed without a license?
No, not unless it falls under one of the exemptions for unloaded handguns.
What if other people see my gun?
Unintentional exposure is not a crime in California. True unforeseen circumstances causing one’s gun to become exposed should not be an issue, but in the highly sensitive atmosphere of California, it could lead to negative consequences. Carefully ensure your gun is concealed to avoid drawing the ire of an overly sensitive sheriff/chief.
While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not, when carrying a concealed weapon: One of the standard conditions is: “Unjustifiably display a concealed weapon.”
Persons have had their licenses revoked for non-threatening displays of their firearm in innocent situations to answer curiosity regarding guns. Do not discuss the fact that you are carrying a firearm except among only people that you know well and trust and who approved of concealed carry and only at your private property. Never expose your carry gun in public except in lawful self-defense.
What if my handgun is unloaded? Can I still carry it concealed without a license?
No, not unless it falls under one of the exemptions for unloaded handguns.