Regulations: Carry Concealed Weapons Licenses

Summary

In late June 2022, the United States Supreme Court issued its decision in New York Rifle & Pistol Association v. Bruen (2022) 597 U.S. 1 (Bruen), holding that the State of New York’s requirement that “proper cause” be demonstrated in order to obtain a permit to carry a concealed weapon in most public places was unconstitutional. The day after the decision was issued, the California Attorney General issued Legal Alert No. OAG-2022-02, which concluded that the “good cause” requirements set forth in Penal Code sections 26150, subdivision (a)(2), and 26155, subdivision (a)(2), which authorized local officials to issue CCW licenses, were unconstitutional and unenforceable under Bruen. However, the Supreme Court expressly stated that it is constitutional for states to require a license to carry a firearm in public. The decision accordingly required a legislative response.

Senate Bill 2 (SB 2) replaced California’s “good cause” and “good moral character” requirements in Penal Code sections 26150, 26155, and 26170. Under SB 2, a licensing authority (such as a county sheriff or municipal police chief) shall issue or renew a CCW license if the licensing authority determines that the applicant is not a disqualified person under certain defined and objective criteria and meets other specified requirements. (Pen. Code, § 26202.) An applicant may challenge a licensing authority’s disqualified person determination by requesting a hearing in the superior court of their county of residence. (Pen. Code, § 26206.) SB 2 additionally amended other requirements in sections 26150, 26155, and 26170 to obtain a CCW license, including the minimum age, training requirements, and ownership status of the weapons listed on the CCW license. (Pen. Code, §§ 26150, 26155, 26165, 26170, 26175.)

The Legislature authorized the Department to promulgate emergency regulations to implement SB 2. (Pen. Code, § 26225, subd. (d).) The Department’s emergency rulemaking was completed in three parts. The first set of regulations covered all CCW topics except for the uniform license. The documentation for the first set of emergency regulations can be found below. The second set of regulations established the design standards for the uniform license. The third set of regulations expanded the CCW DOJ Certified Instructor training entities to include CHP, CDCR, and the NRA.

The emergency regulations expire January 1, 2026 if the Department does not adopt permanent regulations. (Pen. Code, § 26225, subd. (d).) This rulemaking package will make the Department's emergency regulations permanent.

NOTE: Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.

Notice Register Publication Date: January 3, 2025

Status of the Proposal: This rulemaking is undergoing a 45-day public comment period. Any person or their authorized representative may submit written comments regarding the proposed regulatory action. The written comment period closes at 5:00 pm on February 19, 2025. All timely comments that specifically pertain to the proposed regulations will be reviewed and responded to by Department staff. Comments may be submitted by mail or email to:

The information below relates to recent rulemaking activity, including links to the regulations text and associated documents. Any person who has submitted a comment regarding a proposed action has the right to request a copy of the Final Statement of Reasons. The Final Statement will also be posted to this webpage upon completion of this rulemaking.

Public Notice and Related Documents

First Emergency Regulations Documentation: