Difference between revisions of "California License to Carry Concealed Weapon (CCW)"

From Calguns Foundation Wiki
Jump to: navigation, search
(Issuing Authority Liability)
m (What kind of training may be required?)
Line 92: Line 92:
  
 
Penal Code 12050 (a)(1)(E)
 
Penal Code 12050 (a)(1)(E)
     (E) (i) For ''new license applicants'', the course of training may be
+
     (E) (i) For ''new license applicants'', the course of
any course acceptable to the licensing authority, shall not exceed 16
+
training may be any course acceptable to the licensing
hours, and shall include instruction on at least firearm safety and
+
authority, shall not exceed 16 hours, and shall include
the law regarding the permissible use of a firearm.  Notwithstanding
+
instruction on at least firearm safety and the law regarding
this clause, the licensing authority may require a community college
+
the permissible use of a firearm.  Notwithstanding this clause,
  course certified by the Commission on Peace Officer Standards and
+
the licensing authority may require a community college
  Training, up to a maximum of 24 hours, but only if required uniformly
+
  course certified by the Commission on Peace Officer Standards
  of all license applicants without exception.
+
  and Training, up to a maximum of 24 hours, but only if required
   (ii) For ''license renewal applicants'', the course of training may be
+
  uniformly of all license applicants without exception.
any course acceptable to the licensing authority, shall be no less
+
   (ii) For ''license renewal applicants'', the course of
than four hours, and shall include instruction on at least firearm
+
training may be any course acceptable to the licensing
safety and the law regarding the permissible use of a firearm.  No
+
authority, shall be no less than four hours, and shall include
course of training shall be required for any person certified by the
+
instruction on at least firearm safety and the law regarding the
licensing authority as a trainer for purposes of this subparagraph,
+
permissible use of a firearm.  No course of training shall be
in order for that person to renew a license issued pursuant to this
+
required for any person certified by the licensing authority as
section.
+
a trainer for purposes of this subparagraph, in order for that
 +
person to renew a license issued pursuant to this section.
  
 
== What else may be required? ==
 
== What else may be required? ==

Revision as of 22:53, 24 March 2009

Carry Concealed Weapon (CCW)

The Law

California Penal Code 12050

12050.  (a) (1) (A) The sheriff of a county, upon proof that the
person applying is of good moral character, that good cause exists
for the issuance, and that the person applying satisfies any one of
the conditions specified in subparagraph (D) and has completed a
course of training as described in subparagraph (E), may issue to
that person a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person in either one of the
following formats:
  (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
  (ii) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
  (B) The chief or other head of a municipal police department of
any city or city and county, upon proof that the person applying is
of good moral character, that good cause exists for the issuance, and
that the person applying is a resident of that city and has
completed a course of training as described in subparagraph (E), may
issue to that person a license to carry a pistol, revolver, or other
firearm capable of being concealed upon the person in either one of
the following formats:
  (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
  (ii) Where the population of the county in which the city is
located is less than 200,000 persons according to the most recent
federal decennial census, a license to carry loaded and exposed in
that county a pistol, revolver, or other firearm capable of being
concealed upon the person.

  (b) A license may include any reasonable restrictions or
conditions which the issuing authority deems warranted, including
restrictions as to the time, place, manner, and circumstances under
which the person may carry a pistol, revolver, or other firearm
capable of being concealed upon the person.
  (c) Any restrictions imposed pursuant to subdivision (b) shall be
indicated on any license issued.

What application information is required?

Penal Code 12051 (a) (1) The standard application form for licenses described in paragraph (3) shall require information from the applicant including, but not limited to,

  • the name, occupation, residence and business address of the applicant,
  • his or her age, height, weight, color of eyes and hair, and
  • reason for desiring a license to carry the weapon.

Applications for licenses shall be filed in writing, and signed by the applicant. Any license issued upon the application shall set forth the licensee's name, occupation, residence and business address, his or her age, height, weight, color of eyes and hair, the reason for desiring a license to carry the weapon, and shall, in addition, contain

  • a description of the weapon or weapons authorized to be carried,
  • giving the name of the manufacturer, the serial number, and the caliber.

The license issued to the licensee may be laminated.

12052. (a) The fingerprints of each applicant shall be taken... There is a fee for fingerprint processing, and the fee varies by location.

Fees

Penal Code 12054 (a) specifies a fee may be charged. The state fee is one part; the local issuing agency may charge up to $100 in addition to the state fee for the initial issue, $25 above the state fee for renewal.

As of 2007 CA-DOJ lists 11 CCR 4006

4006. CCW Fees. 
As authorized pursuant to subdivision (a) of section 12054 of the Penal Code, the Firearms Division 
fees for licenses to carry concealed weapons (CCW) are as follows: 
(a)(1) Initial fee for 90 day employment CCW license: $22 
     (2) Renewal fee for 90 day employment CCW license: $22 
(b)(1) Initial fee for 2 year resident CCW license: $44 
    (2) Renewal fee for for 2 year resident CCW license: $44 
(c)(1) Initial fee for 3 year judicial CCW license: $66 
    (2) Renewal fee for 3 year judicial CCW license: $66 
(d)(1) Initial fee for 4 year reserve peace officer CCW license: $88 
     (2) Renewal fee for 4 year reserve peace officer CCW license: $88 

Terms not defined in law

"good moral character"

"good cause"

What does "may issue" mean?

"May issue" means that an applicant may meet all published requirements for the license and the issuing authority is free to deny or issue the license without explanation.

Who may issue CCW?

"The sheriff of a county" or "The chief or other head of a municipal police department of any city or city and county" may issue a license.

What kind of training may be required?

Penal Code 12050 (a)(1)(E)

   (E) (i) For new license applicants, the course of
training may be any course acceptable to the licensing
authority, shall not exceed 16 hours, and shall include
instruction on at least firearm safety and the law regarding
the permissible use of a firearm.  Notwithstanding this clause,
the licensing authority may require a community college
course certified by the Commission on Peace Officer Standards
and Training, up to a maximum of 24 hours, but only if required
uniformly of all license applicants without exception.
  (ii) For license renewal applicants, the course of
training may be any course acceptable to the licensing
authority, shall be no less than four hours, and shall include
instruction on at least firearm safety and the law regarding the
permissible use of a firearm.  No course of training shall be
required for any person certified by the licensing authority as
a trainer for purposes of this subparagraph, in order for that
person to renew a license issued pursuant to this section.

What else may be required?

Penal Code 12054(c) allows "psychological testing on the initial application" at a cost not to exceed $150.

Length of license term

Generally a a CCW license is valid for two years. For sworn peace officers, up to four years, and for judges and custodial officers employed by a sheriff, up to three years may be specified.

Qualifying retired Federal officers may receive permits up to five years in duration (Penal Code 12027(i)).

Qualifying retired State and local officers may receive permits up to five years in duration (Penal Code 12031(b))

Where is concealed carry allowed by the license?

Unless limited by a 12050(b) restriction on the license, a license is valid in the entire state.

Specific exemptions allowing concealed carry for licensees under 12050 are

  • Penal Code 171b public meetings
  • Penal Code 171c State Capitol and related areas
  • Penal Code 171d Governor's mansion and Legislator's residences
  • Penal Code 626.9(l) School zones (K-12 and college/university)

Limitations on carry

Federal and local laws may limit concealed carry even for licensed individuals. Airport sterile areas and United States military installations are two examples.

Courthouses and jail facilities commonly prohibit firearms, even for licensed individuals.

San Francisco bans possession of firearms "upon public premises selling or serving alcoholic beverages" (San Francisco Municipal Code SEC. 3603).

How many California CCW licenses exist?

The CA-DOJ occasionally publishes statistics. For 2007, the statewide number is 40,296.

Application of the law

It is apparent from the published information on the numbers of licenses that the CCW law is applied differently in different parts of the State. One observation: cities and counties with populations greater than approximately 300,000 tend to issue many fewer licenses, in absolute numbers and by population, than smaller jurisdictions.

As of July, 2008, several suits have been filed against cities based on their CCW issuance (or lack of issuance) policies. Many of these are documented at CALCCW, as well as more detailed information on specific agency policies.

Jim March's EQUALCCW is another valuable resource.

Liability of Issuing Authority

This section of California Government Code appears to show that a CCW issuing authority is protected from liability based on either issuing or declining to issue a CCW.

821.2. A public employee is not liable for an injury caused by
his issuance, denial, suspension or revocation of, or by his
failure or refusal to issue, deny, suspend or revoke, any
permit, license, certificate, approval, order, or similar
authorization where he is authorized by enactment to determine
whether or not such authorization should be issued, denied,
suspended or revoked.