Is Concealed Carry Without a Permit Legal in California? | Gun Laws

Court challenges to California's concealed carry laws are ongoing, but citizens can carry concealed firearms in the state if they have valid permits or licenses.

Because of recent changes to California gun law and the court cases challenging them, many people might find themselves confused over whether they can carry a concealed firearm, especially if they do not have a permit. It's crucial for citizens to know the law so that they can avoid legal and financial repercussions.

Goss Law, through Sacramento gun charge lawyer Blair Goss, handles cases under state gun laws. He can help those accused of a crime in Sacramento, California, by assessing their case and building a strong defense to protect their rights. Criminal defendants should reach out to him for legal representation.

Is Concealed Carry with a Permit Legal in California?

Under California Penal Code 25400, it is illegal to carry a concealed firearm in public without a license. Penal Code 25850 makes it illegal to carry a loaded firearm in public, and Penal Code 26350 bans openly carrying an unloaded handgun in public. However, citizens can hold or possess concealed firearms under the law if they have a valid Concealed Carry Weapons (CCW) license.

Following the Supreme Court's ruling in the New York State Rifle & Pistol Association, Inc. v. Bruen case, California has become a shall-issue state, meaning that the county sheriff's office or local police department must issue a license to applicants who meet the listed requirements.

Is Concealed Carry Without a Permit Legal in California?

California law does not allow anyone in the state (with certain exemptions) to legally carry a hidden firearm without a valid concealed weapons permit. 

The minimum age to apply for a CCW license is 21. Under SB 2, the sheriff or police chief must issue a license to applicants who meet the requirements listed in the law.

What Are the Penalties for Carrying a Concealed Firearm Without a Permit in California?

Under California gun laws, carrying a concealed firearm without a permit can lead to a misdemeanor conviction as long as there are no other aggravating circumstances.

In some cases, the defendant may qualify for probation. The consequences of carrying a concealed weapon in California without a permit may include the following:

• A maximum jail sentence of one year;
• Up to $1,000 in fines; or
• A combination of fines and jail sentence.

When determining a punishment for illegally carrying a concealed weapon, a judge may look at the defendant's criminal history, evidence of intended use of the gun, and failure to cooperate with law enforcement agencies.

Carrying a concealed weapon without a permit can also lead to a felony conviction under the following circumstances:

• A prior felony conviction or certain prior offenses;
• Carrying a firearm the person knew or had reason to believe was stolen;
• Active participation in a criminal street gang;
• Being prohibited from owning or possessing a firearm; and
• Not being the registered owner of a loaded firearm or loaded ammunition being carried with it.

A felony conviction for carrying a gun without a concealed carry permit can lead to a maximum fine of $10,000, up to three years of jail, or a combination of both.

Where Can Californians Not Carry Their Concealed Weapons?

After the US Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen, California passed SB 2, a new gun law that lists many public places as sensitive places where carrying a gun is banned, even with a permit.

Parts of SB 2 have been challenged in court. The Ninth Circuit allowed most of the sensitive-places list to take effect but blocked the rule that banned carry on private property open to the public unless the owner posted permission. Litigation over other parts of the law continues, so readers should check the current status before relying on any part of it.

Under SB 2, Californians with a valid concealed carry permit cannot carry weapons in certain places, including the following:

• Grades K through 12 school grounds
• Colleges and universities, unless the institution provides a special permission
• Courtrooms
• Gun shows and events (in certain circumstances, it may be possible)
• Any local public building and transit systems
• Public or private hospitals
• Adult and juvenile detention centers
• Any place where state and federal law prohibits carrying a concealed weapon

While the current law prevents carrying a loaded firearm at an educational institution, eligible people can carry an unloaded gun in a locked container or vehicle trunk.

When Can Californians Move Around with Open-carry Weapons?

California's open carry bans have a few narrow exemptions. These include the following:

• A person may generally carry a gun at their own home or place of business, or on private property they lawfully own or possess.
• Under section 26045, a person may carry a loaded firearm if they reasonably believe they or their property is in immediate, grave danger, but only for the brief period before and after police are notified and while they are responding.
• Under section 26040, a person may carry a loaded firearm at a lawful campsite where they are temporarily living.
• Under section 26383, a person can carry an unloaded firearm on a place of residence, business, or private property if they receive permission from the property owner.
• Section 26388 also allows the open carry of an unloaded firearm on publicly owned land as long as the person gets special permission from the managing agency.

Can Californians Move with an Open Carry Unloaded Long Gun?

Under Penal Code 26400, openly carrying an unloaded long gun in public in an incorporated city is generally a crime, with some exemptions. Long guns may be transported in a vehicle as long as they are unloaded. Goss Law can also advise on questions like Can a DWI hurt your gun rights in California?

Legal Defenses for a Concealed Weapon Conviction

In some cases, a police officer may arrest an individual and convict them of concealed carry without a permit, even if the gun is inoperable. While the law does not require prosecutors to prove that the weapon was functional, it does require them to prove beyond a reasonable doubt that the defendant knowingly carried the firearm while concealing it.

There are many defenses for defendants to use, including the lack of knowledge of the weapon, illegal search and seizure, self-defense purposes, and police misconduct, among others. It's crucial for the accused to reach out to an experienced criminal defense attorney to discuss their case and learn more about their legal options. They can also consult on the child access prevention law in California.

Goss Law Can Provide a Strong Defense Against a Concealed Weapon Charge!

Those facing charges for violating the concealed weapon law in Sacramento, California, should call to schedule a free consultation with criminal defense attorney Blair Goss at Goss Law. He can assess the facts surrounding the case, build a strong defense, and fight for the criminal defendant's rights!