Concealed Weapons Permit Info 2009
FIREARMS AND AMMUNITION
The term firearm includes rifles, shotguns, revolvers, pistols, or any other device
designed to be used as a weapon from which a projectile is expelled by the force of any
form of combustion. The term firearm includes the frame or receiver. (Penal Code §
12001.)
The term firearm also includes any rocket or similar device containing any
explosive or incendiary material whether or not the device is designed for emergency
distress signaling purposes. (Penal Code § 12001.)
B. Handguns
A handgun is any pistol, revolver, or other firearm capable of being concealed upon the person that has a barrel length of less than 16 inches. (Penal Code § 12001(a).)
C. Exceptions
The term firearm does not apply to unloaded “antique”, “curio”, or “relic”
firearms as defined by federal law. (Penal Code §§ 12001(e), 12078(t)(2).)
II. PERSONS INELIGIBLE TO POSSESS FIREARMS
AND AMMUNITION
A. Persons Convicted of Felonies or Other Specified Crimes
1. Any person who (a) has been convicted of a felony under the laws
of the United States, the State of California, or any other state or (b) is addicted to
any narcotic drug may not own or have in his or her possession, custody, or
control any firearm. (Penal Code § 12021(a).)
2. A person convicted of certain serious misdemeanor offenses which
include assault, battery, making criminal threats, and other dangerous crimes.
(Penal Code § 12021(c).) The prohibition lasts ten years only and does not
include violations of the Vehicle Code.
It is unlawful for any person who is prohibited from possessing
firearms, to possess ammunition. (Penal Code § 12316(b).)
B. Persons Prohibited From Possessing Firearms
as a Condition of Probation
C. Persons Subject to a Protective Order
Persons who are subject to a protective order issued by a court may not
own, possess, purchase, or receive a firearm for the duration of the order. (Penal
Code § 12021(g).)
D. Persons Subject to a Temporary Restraining Order
Persons who are subject to a temporary restraining order for harassing
behavior may not own, possess, purchase or receive a firearm for the duration of
the order. (Penal Code § 12021(g).)
Any person subject to a temporary restraining order is required to
surrender his or her firearm(s) within 24 hours of being served with the order and
must present proof to the court that the firearm has been surrendered. (Civil Code
§ 527.9.)
E. Persons Subject to Juvenile Court Jurisdiction
F. Mental Patients, Mentally Disordered Sex Offenders,
Persons Adjudicated a Danger to Others, Persons
Incompetent to Stand Trial, Gravely Disabled
Conservatees, and Persons Taken Into Custody as a Danger
to Self or Others Because of a Mental Disorder
Possession by a prohibited person is punishable by up to three (3) years in prison or one (1) year in jail.
III. POSSESSION AND TRANSPORTATION OF
CONCEALED OR CONCEALABLE WEAPONS
A. Carrying a Concealed Handgun Without a License
On One’s Person or Concealed in a Vehicle.
Pursuant to Penal Code section 12025, a person is guilty of carrying a
concealed firearm when he or she does any of the following:
1. Carries concealed within any vehicle which is under his or her control,
any firearm capable of being concealed upon the person.
2. Carries concealed upon his or her person any firearm capable of being
concealed upon the person.
3. Causes to be carried concealed within any vehicle in which he or she is an occupant any firearm capable of being concealed upon the person.
NOTE: A firearm carried openly in a belt holster is not considered “concealed” as it applies to the above prohibition. (Penal Code § 12025(f).)
B. Section 12025 does not apply to or affect any of the
following:
1. Any adult citizen or legal resident, not otherwise prohibited, may carry
anywhere within his or her place of business, or on private property
owned or lawfully possessed by him any firearm capable of being
concealed upon the person.
2. The transportation or carrying of any firearm capable of being
concealed upon the person by any adult citizen of the United States not
otherwise prohibited, provided that the following applies:
- the firearm is within a motor vehicle and it is locked in the
vehicle’s trunk or in a locked container in the vehicle other
than the utility or glove compartment.
3. The section does not apply to regular rifles or shotguns
C. 12025 VIOLATION PENALTY
The offense is punishable by up to three years in prison or one year
in jail. The court may also impose fines and forfeiture of weapon(s).
IV. LOADED FIREARMS
A. Loaded Firearms in a Public Place
1. It is unlawful to carry a loaded firearm on one’s person or in a
vehicle while in any public place, on any public street in an
incorporated city, or in any place where it is unlawful to discharge
a firearm. (Penal Code § 12031(a)(1).)
2. A firearm is deemed loaded when there is a live cartridge or shell
in, or attached in any manner to, the firearm, including, but not
limited to, the firing chamber, magazine, or clip thereof attached to
the firearm. A muzzle-loading firearm is deemed loaded when it is
capped or primed and has a powder charge and ball or shot in the
barrel or cylinder. (Penal Code § 12031(g).)
3. It is unlawful for the driver of any motor vehicle, or the owner of
any motor vehicle irrespective of whether the owner is occupying
the vehicle, to knowingly permit any person to carry a loaded
firearm in the vehicle. (Penal Code § 12034.)
In order to determine whether a firearm is loaded, peace offices are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place, on any public street, or in any prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to these provisions is, in itself, grounds for arrest. (Penal Code § 12031(e).)
B. Exceptions
The prohibition against possessing loaded firearms in a public place does not apply
to:
1. Any person hunting in an area where firearm possession and hunting is otherwise lawful. (Penal Code § 12031(i));
2. Any person who carries a loaded firearm while engaged in the act of
making or attempting to make a lawful arrest, provided such
possession is otherwise lawful. (Penal Code § 12031(k));
3. Any person carrying a loaded firearm, if otherwise lawful, when he or
she reasonably believes his or her person or property is in immediate,
grave danger and that the carrying of the loaded firearm is necessary
for the preservation of the person or property during the time interval
following notification to the local law enforcement agency when
reasonably possible, and prior to the arrival of its assistance. (Penal
Code § 12031(j)(1));
4. Any of the following persons, provided they meet all criteria for such
exemption:
Active or honorably retired peace officers.
Members of the military forces of this state or the United States
engaged in the performance of their duties.
Target shooters at target ranges and shooting club members
while hunting on the club premises.
Holders of licenses to carry concealed handguns.
Armored vehicle guards.
Animal control officers or zookeepers.
Guards or messengers of common carriers, banks, and other
financial institutions.
Guards of contract carriers operating armored vehicles.
Private investigators, private patrol operators, and alarm
company operators.
Uniformed security guards or night watchpersons employed by
any public agency.
Uniformed security guards and uniformed alarm agents of an
alarm company operator.
Uniformed employees of private patrol operators.
NOTE: Peace officers and honorable retired peace officers having properly
endorsed identification certificates may carry a concealed weapon at any time.
Otherwise, these exemptions apply only when the firearm is carried within the scope of the exempted conduct. A person who carries a loaded firearm outside the limits of the applicable exemption is in violation of the law. (Penal Code § 12031(b).)
5. 12031 Violation Penalty
The offense is punishable by up to three (3) years in prison or one
year in county jail.
V. Illegal Firearms
A. Criminal Firearms/Ammunition
Penal Code § 12020
1. Cane guns: any firearm which can be fired while in a cane-like
container;
2. Wallet guns: any firearm which can be fired while in a wallet-like
container;
3. Any firearm which is not immediately recognizable as a firearm;
4. Camouflaging firearm container: a container which does not look
like it holds a firearm which can be fired by an external control;
5. Ammunition containing a flechette dart: a dart approximately 1”
long with 5/16” fins;
6. Ammunition containing an explosive agent;
7. A multiburst trigger activator: a device which is attached to a
semi-automatic weapon and when activated allows two or more
shots to be fired in a single burst;
8. Rifles or shotguns with an overall length of less than 26”;
9. Shotguns with a barrel less than 18”;
10. Rifles with a barrel less than 16”;
11. Undetectable firearms: firearms which cannot be detected by
metal detectors or x-ray machines.
Possession of any of the above is punishable by up to three (3) years in prison or
one (1) year in jail.
Penal Code § 12220
1. Machine gun: firearms which fire more than one bullet with a single
trigger pull.
6
Possession of a machine gun is punishable by up to three (3) years in prison.
Making or selling a machine gun is punishable by up to eight (8) years in prison.
B. Assault Weapons
Assault weapons are semi-automatic firearms which have such a high rate of fire
and capacity for firepower that their legitimate use is outweighed by the danger they
pose.
There are three (3) kinds of assault weapons:
1. Those described in Penal Code § 12276, which include among others, the
Uzi, the AK 47, and the AR 15;
2. Those declared to be assault weapons by the courts; and,
3. Those which have certain characteristics which are described in Penal
Code § 12276.1 such as the capacity to accept a detachable magazine and
either a forward pistol grip or a folding stock; a fixed magazine which
accepts more than ten (10) rounds; or a semi-automatic rifle less than 30”
long.
The Attorney General maintains a list of prohibited weapons which is published
in the California Code of Regulations. He may also petition the court to have a firearm
designated an assault weapon.
It is unlawful to manufacture, offer for sale, import, give, lend, or possess assault
weapons. (Penal Code § 12280.) Possession is punishable by up to three (3) years in
prison or one (1) year in jail. The other acts are punishable by up to eight (8) years in
prison. If more than one assault weapon is involved, there is a distinct and separate
offense for each weapon.
A person who lawfully possessed the firearm before it was declared an assault
weapon may keep it if it is thereafter registered with the Department of Justice. The
weapon may not be sold or transferred except through a licensed gun dealer. If the
registrant dies, his or her heirs must sell the weapon or render it inoperable.
VI. Carrying Unregistered Loaded Handguns
Any person who carries a concealed handgun and ammunition for that handgun
on his/her person or in his/her vehicle may be guilty of a felony if the handgun is not
registered to that person in the Department of Justice’s Automated Firearms System.
(Penal Code § 12025.)
Any person who carries a loaded firearm on his/her person in a public place may
be guilty of a felony if the handgun is not registered to that person in the Department of
Justice’s Automated Firearms System. (Penal Code § 12031.)
NOTE: Handgun dealer record of sale transactions occurring before 1980
generally are not registered in the Department of Justices’ Automated Firearms System.
However, these records are on file with the Department of Justice. Upon individual
request, the Attorney General shall place records of pre-1980 transfers of handguns into
the Automated Firearms System. (Penal Code § 11106.)
VII. Licenses to Carry Concealed Weapons
A license to carry a firearm capable of being concealed upon the person may be
granted to qualified residents by the sheriff or by the chief of the police department.
Such licenses are issued only after a finding that the applicant is of good moral character
and that good cause exists for such a license. Unless otherwise restricted, such a license
is valid throughout the state. Such a license may be valid for any amount of time not to
exceed two years unless issued to a judge (valid for up to three years) or specified
custodial employees or reserve peace officers (valid for up to four years). (Penal Code §
12050.)
A license to carry a firearm capable of being concealed upon the person may be
granted by the sheriff to an applicant who spends a substantial amount of time employed
within that county. Such a license is valid only in the county issued and is valid for any
period of time not to exceed 90 days from the date of issuance. (Penal Code § 12050.)
If a California licensee has a need to travel armed in another state, he or she
should contact authorities in the other state prior to leaving to determine if the license
will be honored.