SB2 has been stayed as of 01/06/2024. Read more on the SB 2 page.
Concealed carry has been totally licensed since 1923. California was a "may issue" state where police chiefs or sheriffs may choose to issue a license to carry a concealed firearm (LTC, or license to carry). The policy on issuance varied widely from county to county and city to city. Some jurisdictions did not issue licenses at all. Issuance was at the sheriff's or chief's total discretion. Subjective standards of "good cause" and "good moral character" were applied in an arbitrary fashion. Those who would be well-qualified in one county or in another state might have been unable to receive a license in another. All of this has changed since the NSRPA v. Bruen Supreme Court ruling that effectively rendered the nation "shall issue." Expect California to resist the ruling any and every way possible until they are shut down in court. At this time the state statutes remain as written.
Those who are issued licenses must obey strict terms and conditions; issuing authorities may place their own conditions on the permit such as time, place, and activity restrictions (i.e. only while taking a deposit to the bank). Licenses are valid up to two years, however, issuing agencies can specify a shorter expiration period. Each firearm desired to be carried must be qualified with and listed on the license.
Most of the exemptions for carrying a concealed firearm in public are to allow someone to transport a cased firearm from home to a shooting activity, gun store, etc. It is illegal to carry a concealed firearm around, even unloaded and locked up, just in case. Unlicensed concealed carry is usually a misdemeanor, unless the gun is not registered to you, in which case it can be a felony. A misdemeanor will cause a five year loss of firearm rights.
Those who are issued licenses must obey strict terms and conditions; issuing authorities may place their own conditions on the permit such as time, place, and activity restrictions (i.e. only while taking a deposit to the bank). Licenses are valid up to two years, however, issuing agencies can specify a shorter expiration period. Each firearm desired to be carried must be qualified with and listed on the license.
Most of the exemptions for carrying a concealed firearm in public are to allow someone to transport a cased firearm from home to a shooting activity, gun store, etc. It is illegal to carry a concealed firearm around, even unloaded and locked up, just in case. Unlicensed concealed carry is usually a misdemeanor, unless the gun is not registered to you, in which case it can be a felony. A misdemeanor will cause a five year loss of firearm rights.
NSRPA v. Bruen
What does the NSRPA v. Bruen Second Amendment Supreme Court Opinion mean immediately in California?
The major change is that counties can no longer deny permits for "good cause." Self-defense and "because I want to" is good enough. It will take time for the changes to trickle down and sort themselves out.
At the local level, there will probably be extreme delays due to pent-up demand for permits and small numbers of staff devoted to the permit details. In many jurisdictions this will be deliberate. Expect counties like San Francisco to do this on purpose. Morality qualifications, like too many police contacts or calling 911 on your neighbors too often, may be used to disqualify people, and this may need to be fought in court.
At the state level, expect legislation to complicate and frustrate the CCW process, including higher fees and other "requirements." Expansion of gun free zones will probably expand. All of this will have to be dismantled in court, however the opinion will probably result in those laws being thrown out.
- Can you carry without a permit? No.
- Can you openly carry? No change to existing law.
- Will I get a permit sooner? Probably not
The major change is that counties can no longer deny permits for "good cause." Self-defense and "because I want to" is good enough. It will take time for the changes to trickle down and sort themselves out.
- Some agencies will issue immediately.
- Some agencies will "review" for a period until momentum is against them and begin issuing.
- Some agencies will refuse to comply until they are sued, lose, and their appeals are exhausted.
At the local level, there will probably be extreme delays due to pent-up demand for permits and small numbers of staff devoted to the permit details. In many jurisdictions this will be deliberate. Expect counties like San Francisco to do this on purpose. Morality qualifications, like too many police contacts or calling 911 on your neighbors too often, may be used to disqualify people, and this may need to be fought in court.
At the state level, expect legislation to complicate and frustrate the CCW process, including higher fees and other "requirements." Expansion of gun free zones will probably expand. All of this will have to be dismantled in court, however the opinion will probably result in those laws being thrown out.
California does not recognize ANY state's carry permit and does not issue licenses to carry to non-residents.
If you are looking for a non-resident permit from another state so you can carry concealed outside of California, we recommend an Arizona concealed weapon permit. The requirements are pretty light and the Arizona permit enjoys wide reciprocity. Learn more about Arizona gun laws at FrontierCarry.
General provisions
What is the definition of “concealed”?
The Penal Code does not defined “concealed.” it defines what is not concealed: “25400(b) A firearm carried openly in a belt holster is not concealed within the meaning of this section.” In case law, People v. Hodges (1999) defines “concealed” :
The Penal Code does not defined “concealed.” it defines what is not concealed: “25400(b) A firearm carried openly in a belt holster is not concealed within the meaning of this section.” In case law, 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. Hodges (1999) 70 Cal.App.4th 1348, 1355 [83 Cal.Rptr.2d 619]
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 tip of a dagger hilt visible above the waistline was considered to be “substantially concealed” and the defendant convicted of carrying a concealed weapon.
People v. Wharton (1992) 5 Cal.App.4th 72, 75 [6Cal.Rptr.2d 673]
A dirk handle was visible and this was ruled to be considered “concealed.” People v. Fuentes (1976) 64 Cal. App. 3d 953, 955 [134 Cal. Rptr. 885]
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 tip of a dagger hilt visible above the waistline was considered to be “substantially concealed” and the defendant convicted of carrying a concealed weapon.
People v. Wharton (1992) 5 Cal.App.4th 72, 75 [6Cal.Rptr.2d 673]
A dirk handle was visible and this was ruled to be considered “concealed.” People v. Fuentes (1976) 64 Cal. App. 3d 953, 955 [134 Cal. Rptr. 885]
Concealed carry; prohibition and exemptions
Carry a concealed firearm, basic prohibition
25400. (a) A person is guilty of carrying a concealed firearm when the person does any of the following:
(1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) A firearm carried openly in a belt holster is not concealed within the meaning of this section.
Note: merely having a gun out of sight is concealed, not just in a holster under your clothes. This means, in a vehicle, under a blanket, a towel, or in an unlocked case or back. If on foot, a firearm is concealed if it is in something you are carrying, like a backpack.
CALCRIM 2520 Carrying Concealed Firearm on Person
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant carried on (his/her) person a firearm capable of being concealed on the person;
2. The defendant knew that (he/she) was carrying a firearm;
AND
3. It was substantially concealed on the defendant’s person.
Carrying loaded firearm, not registered to you; prohibited
(c) Carrying a concealed firearm in violation of this section is punishable as follows:
(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:
(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
[additional punishments omitted]
Exemptions
Preliminary note about exemptions: these generally do not serve to give you a reason to carry a concealed firearm for self-defense. These sections are mainly intended to exempt innocent behavior and protect those carrying around a cased, unloaded firearm on their way to or from legitimate firearms activities or places where they can legally possess firearms.
While assisting an officer
25450. As provided in this article, Section 25400 does not apply to, or affect, any of the following:
(f) Any person summoned by any of these officers [see full section] to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer.
Conditional Exemptions
In a vehicle
25505. In order for a firearm to be exempted under this article, while being transported to or from a place, the firearm shall be unloaded and kept in a locked container, and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
Note: the firearm must be unloaded in a locked container for this section to apply. You may only go between places you can legally have the gun, stopping only when necessary (such as for gas). You cannot simply drive around with an unloaded, locked up handgun for self-defense.
Safety class/sporting event
25520. Section 25400 does not apply to, or affect, the transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm.
Gun between private property exemption
25525. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes [prohibited persons] prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, directly between any of the following places:
(1) The person’s place of residence.
(2) The person’s place of business.
(3) Private property owned or lawfully possessed by the person.
Note: per 25505 you would only be allowed to transport a firearm between these places directly, unloaded, in a locked container.
Gun store/gunsmith exemption
25525. (b) Section 25400 does not apply to, or affect, the transportation of a firearm by a person listed in subdivision (a) when going directly from the place where that person lawfully received that firearm to that person’s place of residence or place of business or to private property owned or lawfully possessed by that person.
25530. Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful sale, loan, or transfer of that firearm.
Gun show exemption
25535. Section 25400 does not apply to, or affect, any of the following:
(a) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner.
(b) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm in accordance with Section 27545 [private sales required to be processed by a FFL].
Shop holsters
Shooting range exemption
25540. Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range.
Going camping exemption
25550. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite.
(b) This section shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and campgrounds.
Note: carry of firearms in campgrounds beyond the campsite is highly regulated.
Between other exempted locations
25590. Section 25400 does not apply to, or affect, the transportation of a firearm by a person if done directly between any of the places set forth below:
(a) A place where the person may carry that firearm pursuant to an exemption from the prohibition set forth in subdivision (a) of Section 25400 [concealed carry].
(b) A place where that person may carry that firearm pursuant to an exemption from the prohibition set forth in subdivision (a) of Section 25850 [loaded open carry], or a place where the prohibition set forth in subdivision (a) of Section 25850 does not apply.
(c) A place where that person may carry a firearm pursuant to an exemption from the prohibition set forth in subdivision (a) of Section 26350 [unloaded open carry], or a place where the prohibition set forth in subdivision (a) of Section 26350 does not apply.
Note: these exemptions apply if you carry between locations where you can legally do the following or where those sections grant further exemptions. This is to prevent people from carrying around a locked up, unloaded handgun for self-defense.
Catch-all legal exemption
25595. This article does not prohibit or limit the otherwise lawful carrying or transportation of any handgun in accordance with the provisions listed in Section 16580.
Domestic violence restraining order exemption
25600. (a) A violation of Section 25400 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This section may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.
(b) Upon trial for violating Section 25400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger.
Note: this is not an exemption per se, but a defense if you are arrested and charged. A restraining order must have been issued and you must be in actual, grave danger. A general fear is not enough. If you are going to do this, consult an attorney.
Legal to carry concealed at one’s home, business, or private property
25605. (a) Section 25400 and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident, any handgun.
(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes [prohibited persons; text omitted], to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the application of Sections 25850 to 26055 [loaded open carry], inclusive.
This section was changed to allow in 1989 in response to: People v. Melton (1988) 206 Cal. App. 3d 580, 253 Cal. Rptr. 661.
Note: a person who grants permission to carry must have “possessory interest” in the location. In People v. Barela [(1991) - 234 Cal. App. 3d Supp. 15, 286 Cal. Rptr. 458.], assistant managers gave a man permission to carry a concealed firearm to act as an unlicensed security guard where the general manager said the assistant managers did not have that authority.
Note: a person who grants permission to carry must have “possessory interest” in the location. In People v. Barela [(1991) - 234 Cal. App. 3d Supp. 15, 286 Cal. Rptr. 458.], assistant managers gave a man permission to carry a concealed firearm to act as an unlicensed security guard where the general manager said the assistant managers did not have that authority.
"The legislative statement of purpose makes clear that an employee must have a possessory interest in his or her workplace in order for that workplace to be considered the employee's ‘place of business’ under section 12026. Only those employees who have the right to exclude others from their workplace, and the right to control activities there, may carry concealed weapons at work without a permit or license."
Vehicles are tricky. A taxi was found to be a “place of business” in People v. Marotta [(1981) - 128 Cal. App. 3d Supp. 1, 180 Cal. Rptr. 611.], while in People v. Wooten [(1985) 168 Cal. App. 3d 158, 214 Cal. Rptr. 40.] this did not apply to a pickup truck because the driver was sometimes a “bounty hunter.” The opinion in Marotta made several good points, but the justices suggested a legislative fix, so one who operates a business out of their vehicle should not rely on this decision.
Transporting in, or to/from, a vehicle
25610. (a) Section 25400 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the vehicle’s trunk or in a locked container in the vehicle.
(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with the provisions listed in Section 16580.
Shooting club exemption
25635. Section 25400 does not apply to, or affect, members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using pistols, revolvers, or other firearms capable of being concealed upon the person upon the target ranges, or transporting these firearms unloaded when going to and from the ranges.
Hunting or fishing
25640. Section 25400 does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.
Concealed weapon permit exemption
25655. Section 25400 does not apply to, or affect, the carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is authorized to carry that weapon in a concealed manner pursuant to Chapter 4 (commencing with Section 26150 [CCW license]).
Note: this is the exemption that allows for licensees not to be arrested for carrying concealed under the terms of their license.
Most Likely Scenarios
Concealed Carry You have a license to carry.
- You are transporting the unloaded gun from a place where it is legal to have it in a locked case or in the trunk (handgun, but good practice for all firearms). Most commonly, you will be:
- Going from home to the shooting range;
- Bringing new gun home from the gun store;
- Taking a gun out to your hunting/fishing trip; or
- Taking the gun from your home to your hotel room/campsite.
- You are in immediate, grave danger from a domestic partner and have a restraining order against them. This a defense you have to prove in court if arrested on a CCW violation, not an exemption.
