Regulations: Carry Concealed Weapons Licenses

Notice Date: December 8, 2023

Summary

In late June 2022, the Supreme Court issued a decision in New York Rifle and Pistol Association v. Bruen (2022) 597 U.S. __ [142 S.Ct. 2111] 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) replaced California’s “good cause” and “good moral character” requirements. Before issuing a concealed carry license, the licensing authority must now determine that the applicant is not a disqualified individual under certain defined and objective criteria. (Pen. Code, § 26202.) The proposed regulations implement SB 2 by:

  • establishing the qualifications necessary to become a CCW DOJ Certified Instructor;
  • establishing the grounds for revoking a CCW DOJ Certified Instructor’s certification;
  • establishing the process for the CCW license applicant’s background check so the Department can determine the applicant’s eligibility to possess, receive, own, or purchase a firearm; and
  • providing the manner for a licensing authority to send certain CCW license records to the Department.

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. (Pen. Code, § 26225, subd. (d).)

Sections Affected:

California Code of Regulations, Title 11, Division 5, Chapter 14

Adopt Sections: 4400, 4410, 4411, 4412, 4420, 4421, 4422, 4430, 4431, 4432, 4440

Status of the Proposal:

On January 2, 2024, the Office of Administrative Law approved the Department’s emergency action regarding Carry Concealed Weapons Licenses and filed it with the Secretary of State. These regulations became effective on January 2, 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: December 8, 2023: