How To Get A Concealed Handgun Permit | Amin Law

A concealed weapons permit (or CCW) is the only means by which ordinary citizens may legally carry firearms in public in California. Absent a CCW, it is a crime to carry either a loaded or an unloaded firearm in public, regardless of whether the weapon is concealed or openly carried.

State law allows for a person to be issued a concealed carry permit if:

1. You are of good moral character;

2. Good cause exists for issuance of the license because you or a member of your family is in immediate danger;

3. You meet certain residency requirements; and

4. You have completed an acceptable course of firearms training.

Under the recently enacted AB 2103, the training course must be a minimum of 8 hours and include live-fire shooting exercises where the person demonstrates an ability to handle and shoot the gun safely.

What is the scope of the sheriff’s / police chief’s discretion?
These law enforcement agencies reserve almost exclusive authority to issue or deny California CCW licenses. The courts will not overturn their decision to deny someone a permit unless the decision is “arbitrary, capricious, or entirely lacking in evidentiary support.”

People restricted from obtaining a CCW permit
Certain classes of people are prohibited from possessing, owning, purchasing, or receiving firearms in California. This means they are also prohibited from obtaining firearm carry permits. Such people include (but are not limited to):

• people who have been convicted of a felony or certain types of misdemeanors under Penal Code 29800 PC, California’s “felon with a firearm” law,

• people who are addicted to narcotics,

• people who lose their gun rights due to a domestic violence conviction, and

• people who have been diagnosed as mentally ill.

What is the application process under Penal Code 26150 and 26155 PC?
There are typically three phases involved in the application process for obtaining a California permit to carry a firearm:

1. The paper application. All issuing agencies…that is, your local county sheriff or the chief or head of your local municipal police department…require that you submit a uniform application to carry a firearm in California. Fees for the initial application or the renewal application may vary depending on the issuing agency

2. The interview process*. This is when the issuing agency will discuss:
• your need for the license,
• your criminal history, and
• the consequences of publicly carrying a firearm.

3. The psychological evaluation. This third phase does not apply to all counties / cities. If conducted in your area, you will be required to undergo psychological testing.

*The second phase is also when they will take your fingerprints. And some agencies may require a second interview.

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