Carrying a concealed weapon is a complex issue in California, regulated by a variety of laws. California is known as one of the strictest states regarding gun safety laws in the United States. Although the Second Amendment of the U.S. Constitution provides individuals with the right to bear arms, state laws restrict and regulate citizens’ ability to carry a concealed weapon. Understanding the relevant rules is crucial in ensuring you are in compliance with the law. To learn more and secure skilled legal assistance in your case, reach out to an experienced Tehama County gun crimes lawyer today.
Can I Carry a Concealed Weapon in CA?
Under California law, you are not allowed to carry a concealed weapon unless you obtain a special license. The CCW (Carry Concealed Weapon) license can be issued by a sheriff, police chief, or another head of a municipal police department in the county where the individual lives or works.
The application process may vary slightly from county to county, but the general requirements remain the same. Applicants are required to:
- Be 21 years of age or older
- Be of good moral character
- Own a registered firearm in California
- Reside, work, or spend a significant amount of time within the county
- Have no disqualifying criminal history
- Have no drug addiction or mental illness
- Not be on active probation
- Complete a county-approved firearms safety course
- Submit to a background check
Depending on the application process, you may also be required to pass a psychological evaluation to ensure mental stability. You may also demonstrate good cause, as in a need to carry a concealed weapon.
Some counties or cities may have stricter or more lenient requirements depending on the area, so it is important to do your research before submitting an application.
What Are the Penalties for Illegal Concealed Carry?
Because California’s gun laws are so stringent, any violation can result in significant legal penalties and repercussions. Under CA Penal Code Section 25400, carrying a concealed firearm without a valid permit is a wobbler, meaning that it can be charged as either a misdemeanor or a felony offense, depending on the details of the situation.
As a misdemeanor, individuals convicted will generally face up to one year in jail and fines of up to $1,000. Felony offenders can expect a term of imprisonment of 16 months, two years, or three years, as well as fines of up to $10,000.
These penalties can also be accompanied by additional repercussions depending on the circumstances, most notably a loss of the right to own or possess firearms.
It is important to note that even with a CCW permit, there are restrictions regarding where you can carry a concealed weapon in the state. There are many off-limits areas like schools, courthouses, private businesses that prohibit weapons, places where alcohol is sold for consumption, and more.
For more information, contact an experienced criminal defense lawyer today.
