Regulations: Uniform Carry Concealed Weapons Licenses

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Notice Date: February 14, 2024

Summary:

California law requires a person who desires to carry a concealed weapon in public to obtain a Carry Concealed Weapon (CCW) license. This license may be issued by a sheriff of a county, or the police chief or other head of a municipal police department of any county or city. (Pen. Code, §§ 26150, 26155, 26170.) The Department is tasked with developing a uniform CCW license that may be used as indicia of proof of licensure throughout the state. (§ 26175, subd. (a)(3).)

In late June 2022, the Supreme Court issued the New York Rifle and Pistol Association v. Bruen (2022) 597 U.S. 1 decision holding that licensing schemes requiring concealed carry license applicants to show “proper cause” (or something similar) to carry firearms are unconstitutional. The decision required a legislative response given California’s similar concealed carry laws.

Senate Bill 2 (SB 2) updated the information that must be included on the uniform CCW license. (§ 26175, subds. (a)(3) & (i).) The proposed regulations create the uniform license that complies with the new statutory requirements (§ 26175, subd. (a)(3)) and correct an error in section 4432.

The Legislature deemed the Department’s regulations necessary to address an emergency because of the public’s safety interests in preventing persons who are prohibited from owning or possessing a firearm from obtaining CCW licenses. (§ 26225, subd. (d).)

Sections Affected:

California Code of Regulations, Title 11, Division 5, Chapter 14
Adopt Sections: 4401, 4402
Amend Section: 4432

Status of the Proposal:

On March 4, 2024, the Office of Administrative Law approved the Department’s emergency action regarding Uniform Carry Concealed Weapons Licenses and filed it with the Secretary of State. These regulations became effective on March 4, 2024.

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.

Emergency Regulations: February 14, 2024