Is California a Constitutional Carry State? CCW and Open Carry

California is not a constitutional carry state. You need a concealed carry weapons license (CCW) to carry a handgun concealed in public, and open carry of handguns is separately banned in most settings. After the U.S. Supreme Court’s 2022 decision in NYSRPA v. Bruen, California moved from a discretionary system to a “shall-issue” one, so licenses are more accessible than they used to be. But the permit itself is still required, and carrying without one is a crime.

Shall-Issue, Not Permitless

Under Penal Code 26150, a county sheriff or city police chief must issue a CCW to any applicant who satisfies every statutory criterion.1California Legislative Information. California Penal Code 26150 – License to Carry a Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person Before Bruen, applicants had to demonstrate “good cause,” and many agencies denied applications on that basis. That requirement is gone. The licensing authority can no longer reject you based on a subjective judgment about whether you really need to carry. If you meet every requirement, they have to issue the license.

What the agency can still do is attach restrictions, such as limiting the license to specific purposes listed on your application. A standard license is valid for up to two years, and renewal requires updated training and a fresh application.

Open Carry Is Also Prohibited

People who learn California requires a permit for concealed carry sometimes assume they can at least carry openly. They cannot. Under Penal Code 26350, carrying an unloaded handgun in plain view in a public place or vehicle is a misdemeanor.2California Legislative Information. California Code Penal Code PEN 26350 – Openly Carrying an Unloaded Handgun A conviction can bring up to one year in county jail and a $1,000 fine. If you have an unloaded handgun and compatible ammunition on your person at the same time and the gun isn’t registered to you, the penalties increase. Exceptions cover hunting with a valid license, practicing at a shooting range, licensed firearms dealers, and active or honorably retired peace officers.

A 2026 California Department of Justice bulletin confirmed that the state’s open carry restrictions remain in effect.3California Department of Justice. Information Bulletin – California’s Firearm Open Carry Laws Currently Remain in Effect The practical result: in California, there is no legal way to carry a handgun in public without a CCW.

Penalties for Carrying Without a Permit

Carrying a concealed handgun without a valid license is a crime under Penal Code 25400, and prosecutors have wide latitude in how they charge it.4California Legislative Information. California Code PEN 25400 – Carrying a Concealed Firearm In the most common scenario, with none of the aggravating factors below, it is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both.

The offense becomes a straight felony if any of the following apply:

  • Any prior felony, or a conviction for certain firearms-related offenses listed under Penal Code 16580.
  • The gun was stolen and you knew or had reason to believe it was stolen.
  • You are an active participant in a criminal street gang.
  • You are legally barred from possessing firearms.

For felony convictions, default sentencing under Penal Code 1170(h) is 16 months, two years, or three years in county jail.5California Legislative Information. California Penal Code 1170 – Sentencing Some other situations, such as carrying a loaded unregistered handgun, can be charged either way, with the misdemeanor side capped at one year in jail and a $1,000 fine.

Who Qualifies for a CCW

To receive a license under Penal Code 26150, you must meet all of the following:

  • Be at least 21 years old, with clear proof of identity and age.
  • Live in the county or city where you’re applying, or have your primary workplace there and spend significant time at it. Voter registration, a homeowner’s property tax exemption, or similar documentation can prove residency.
  • Complete the required firearms safety course under Penal Code 26165.
  • Be the recorded owner with the Department of Justice of each firearm the license will cover.
  • Not fall into any category barred from holding a license.

Disqualifying Conditions

Federal law under 18 U.S.C. 922(g) prohibits firearm possession by anyone convicted of a crime punishable by more than one year in prison, anyone adjudicated mentally defective or committed to a mental institution, anyone subject to certain domestic violence restraining orders, anyone convicted of a misdemeanor crime of domestic violence, fugitives from justice, those dishonorably discharged from the military, and unlawful users of controlled substances.6Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Any of these disqualifies you from a California CCW.

California adds its own disqualifiers on top: certain violent misdemeanor convictions, juvenile adjudications within the past seven years for offenses that would be violent crimes if committed by an adult, involuntary commitment to a mental health facility within the prior 12 months, and being the subject of a current firearm seizure order. A local sheriff may also weigh recent arrests or convictions within the past several years when evaluating suitability.

Training and Application

First-time applicants must complete a firearms safety course of at least 16 hours under Penal Code 26165.7California Legislative Information. California Code Penal Code PEN 26165 – Firearms Training Requirements Renewals require at least eight hours. Training covers firearm handling, live-fire proficiency, and the law on the use of deadly force. The provider must be approved by your local licensing authority, and the certificate you receive goes into your application packet.

The application itself is the Department of Justice Bureau of Firearms Form BOF 4012.8California Department of Justice. Standard Initial and Renewal Application for License to Carry a Weapon Capable of Being Concealed Penal Code 26175 requires the Attorney General to prescribe this statewide form, and your local agency cannot require additional applications on top of it. You submit it, together with your training certificate, to the sheriff or police chief with jurisdiction. Non-refundable processing fees vary by jurisdiction and typically fall in the $200 to $300 range for new applications.

After submission, the agency runs a background check through Live Scan fingerprinting, which sends your prints to both the California Department of Justice and the FBI.9California Department of Justice – Office of the Attorney General. Live Scan Locations Most agencies then schedule an in-person interview. Under Penal Code 26205, the agency must notify you of its decision within 120 days of receiving your completed application, or within 30 days of completing the background check, whichever is later.10California Legislative Information. California Penal Code 26205 If approved, you may owe an additional issuance fee before receiving the physical license.

Where a CCW Still Doesn’t Let You Carry

The license does not cover everywhere. Penal Code 26230 lists numerous “sensitive places” where firearms are off-limits even for permit holders.11California Legislative Information. California Penal Code 26230 As of early 2026, a California Department of Justice bulletin confirmed that 20 of the 26 listed sensitive places are enforceable, after a Ninth Circuit decision lifted injunctions on several categories.12California Department of Justice. Information Bulletin 2025-DLE-06 – Additional Restrictions on CCW License Holders Carrying Concealed Firearms in Certain Sensitive Places Are Now in Effect Enforceable locations include:

  • K-12 school zones, preschools, and childcare facilities.
  • Public and private colleges and universities, including classrooms, athletic venues, and parking areas.
  • Buildings controlled by state executive or legislative officers, local government offices, and courthouses.
  • Jails, prisons, and juvenile detention facilities.
  • Hospitals, mental health facilities, nursing homes, medical offices, and urgent care centers.
  • Publicly funded buses, trains, and other transit, along with transit authority buildings and parking areas.
  • Any establishment where liquor is sold for on-site consumption.
  • Playgrounds, youth centers, parks, athletic facilities, and properties under the Department of Parks and Recreation or Department of Fish and Wildlife.
  • Stadiums, arenas, gambling establishments, and public libraries.

Violating these location restrictions can lead to license revocation and separate criminal charges.

Private Property

SB 2, effective in 2024, included a provision that would have banned concealed carry on all private commercial property open to the public unless the owner posted a sign specifically allowing it. That default-ban provision, Penal Code 26230(a)(26), was challenged, and the Ninth Circuit upheld a preliminary injunction blocking its enforcement. As of 2026, it remains enjoined. Property owners can still prohibit firearms on their premises under ordinary property law, but there is no statewide default ban requiring businesses to opt in.

Transporting a Handgun Without a Permit

If you don’t have a CCW but need to move a handgun legally, Penal Code 25610 gives a narrow exception. A U.S. citizen over 18 who isn’t otherwise barred from possessing firearms may transport a handgun in a motor vehicle if it is unloaded and stored in the trunk or in a locked container.13California Legislative Information. California Penal Code 25610 – Exemption for Transporting Firearms

The definition matters. Under Penal Code 16850, a “locked container” is a fully enclosed, secure container locked by a padlock, key lock, combination lock, or similar device. A vehicle trunk qualifies. A glove compartment or utility compartment does not.14State of California – Department of Justice – Office of the Attorney General. Transporting Firearms in California Between your vehicle and your destination, the handgun must also be in a locked container. The exception covers direct transport for a lawful purpose only. It does not let you carry a handgun on your person once you leave the vehicle.

Out-of-State Permits

California does not recognize concealed carry permits issued by any other state. A valid CCW from elsewhere has no legal effect here, and carrying concealed on that permit alone is a crime under Penal Code 25400. Few states recognize a California CCW in return. Non-residents can apply for a California license, but the process requires coming to California for Live Scan fingerprinting, completing the same training, and applying through the sheriff’s office in the county where you spend the most time in the state. You must attest under oath that the jurisdiction is your primary California location, and you face the same eligibility standards as residents plus disqualifiers under your home state’s laws.