CCW Issues in California
RESOURCES FOR INDIVIDUALS APPLYING FOR CCW LICENSES IN CALIFORNIA- POST BRUEN DECISION
If you are having issues with your Sheriff or Police Department accepting or processing concealed carry permits (CCW), please let us know at firstname.lastname@example.org
CALIFORNIA LAW RE CCW ISSUANCE
In 2023 Gavin Newsom signed SB 2 into law. SB 2 makes sweeping changes to where CCW holders may carry their firearms (“sensitive places”) and how CCWs are processed, including additional requirements for receiving a CCW.
“(a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may issue a license to that person upon proof of all of the following:
(1) The applicant is of good moral character.
(2) Good cause exists for issuance of the license.
(3) The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.
(4) The applicant has completed a course of training as described in Section 26165.”
Pen. Code, § 26150, subd. (a) (see also Pen. Code, § 26155, subd. (a) [referring to the same requirements, but for when a City Police Department handles permit issuance]).
While the Supreme Court’s decision allows most of California’s statutory requirements to stand so long as they are not abused, subsection (a)(2), relating to “good cause” is now no longer valid.
The Supreme Court explained that “lengthy wait times in processing license applications” are “abusive”. Bruen, 142 S. Ct. 2111, at n.9. Moreover, California law states that permit decisions must be made within 90 days of the initial application, or 30 days after receipt of the applicant’s background check from the Department of Justice, whichever is later. Cal. Penal Code § 26205
The Supreme Court similarly explained that excessive application fees are likewise unconstitutional. Bruen, 142 S. Ct. 2111, at n.9. Issuing authorities are only permitted to charge a fee “in an amount equal to the reasonable costs for processing” new applications.
P.C. § 26190(b)(1). As applied to renewal applications, licensing authorities may only charge a fee up to $25 to process a renewal. P.C. § 26190(c). Although the fees may be increased at a rate not to exceed any increase in the California Consumer Price Index, initial application fees must still be equal to the processing costs, and in no event can a renewal fee exceed $25.
STATEMENTS FROM THE STATE OF CALIFORNIA AND SHERIFF DEPARTEMENTS
COMMUNICATIONS WITH SHERIFFS
First Letter of Notification After Bruen Decision
Final Warning Letter to Sheriffs Delaying or Not Issuing
Reply Letters from Jurisdictions
CURRENT & PENDING LITIGATION