🚩LTC Penal Code and FAQ

[Librarian]

CCW is now LTC!

'License To Carry' is California's 'Carry Concealed Weapon' license.

As of November, 2011 (with nothing interesting in the legislative pipeline), here are annotated links to the 2012 Penal Code that govern LTC.

26150 - Basic requirements and the 'may issue' language.

(a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the sheriff of a county may issue a license to that person
upon proof of all of the following:
(1) The applicant is of good moral character.
(2) Good cause exists for issuance of the license.
(3) The applicant is a resident of the county or a city within the
county, or the applicant's principal place of employment or business
is in the county or a city within the county and the applicant
spends a substantial period of time in that place of employment or
business.
(4) The applicant has completed a course of training as described
in Section 26165.
(b) The sheriff may issue a license under subdivision (a) in
either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
(2) 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 only that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.

(a)(3) says you must live in the city/county for a regular (2-year) license, or work in the city/county for the rare 90-day license.

Note that it is not possible to get a license for knives, clubs, saps or rifles.

26155 - cities may also issue. Cities may send all the LTC work to the Sheriff, paragraph (c); used to be called "going (g)".

26160 - a written policy is required.

26165 - training.

26170 - may issue to sworn peace officers.

26175 - applications, especially (g)

(g) An applicant shall not be required to complete any additional
application or form for a license, or to provide any information
other than that necessary to complete the standard application form
described in subdivision (a), except to clarify or interpret
information provided by the applicant on the standard application
form.

Also: what must be on the license issued.

26180 - felony to lie on the app about being a disqualified person.

26185 - fingerprints required.

26190 - fees. SB 610 modified this to include 'no liability insurance may be required', effective Jan 1 2012.
Paragraph (f) allows a psychological evaluation, if applied to all applicants.
Paragraph (g) says an applicant cannot be required to spend additional money

(g) Except as authorized pursuant to this section, no requirement,
charge, assessment, fee, or condition that requires the payment of
any additional funds by the applicant, or requires the applicant to
obtain liability insurance, may be imposed by any licensing authority
as a condition of the application for a license.

26195 - revocation for cause.

26200 - Restrictions

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

26202 Requires written notice of 'good cause' evaluation; 'proceed with training' is OK, otherwise notify of denial and the reason.

26205 - notice and time limit for approval/denial.

26210 - must notify issuer of change of address, and if the LTC holder moves out of the county of the issuer, the LTC expires in 90 days.

26215 - may amend the LTC.

26220 - length of time an LTC is valid - 2 years for the standard version. 90 days, and only in county of issue, if based on place of employment.

26225 - issuing agency must keep records AND send the same to DOJ.

================================================== =========

Penal Code for carry WITHOUT LTC

Two major sections:
PC 25400, concealed

(a) A person is guilty of carrying a concealed firearm when
the person does any of the following:
(1) Carries concealed within any vehicle that is under the person'
s control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or
other firearm capable of being concealed upon the person.
...
(c) Carrying a concealed firearm in violation of this section is
punishable as follows:
...
[[ six felonies and ]]
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.

That is, a misdemeanor.

25655 explicitly exempts LTC holders from 25400 for handguns listed on the license.

PC 25850, loaded

(a) A person is guilty of carrying a loaded firearm when the
person carries a loaded firearm on the person or in a vehicle while
in any public place or on any public street in an incorporated city
or in any public place or on any public street in a prohibited area
of unincorporated territory.
...
(c) Carrying a loaded firearm in violation of this section is
punishable, as follows:
...
[[ again, six felonies and .. ]
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, as a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.

And again, a misdemeanor.

Penal Code 26010 exempts LTC holders from this law with respect to handguns listed on the LTC.


================================================== =========

NON-Penal Code Law that has an influence

Business and Professions Code 461 - what arrests can an agency expect you to list

Government Code
818.4 - public agencies immune from damages related to issue/non issue of a license

821.2 - as agencies, but individual public employees

SEE ALSO the sticky in this forum Definitive "Where can I carry in CA?" list?

[Librarian]

Where can I apply for a license to carry?

In the county or city where you actually live. [PC 26150(a)(3)]

If I do get a license, where is it valid?

It is a state license; unless a restriction is printed on the face, the license is valid throughout California.

A Special Note on San Francisco:
There are persistent rumors that SFPD will not honor a LTC. Actual communication with the command levels of the SFPD show no such policy. See this post.

Where can I find my county's requirements?

Look in the OTHER LTC forum, http://www.calguns.net/calgunforum/f...play.php?f=116 -- look for your county.

Why doesn't that list include cities?

Two reasons:
(1) there are many more cities than counties
(2) many cities have made an agreement with the sheriff of their county to have the Sheriff issue all the LTC; those cities are 'out of the business'. [PC 26155(c)]

Some cities DO issue; feel free to contact yours to find out.

Why can't I post a new thread in that forum?

That forum is a reference; discussion goes in this one. You can ask questions in the existing threads there, but unless you have moderator powers in that forum, you may not start a new thread there.

For how long is a license valid?

2 years for 'regular' civilian license, 90 days for the limited 'work in the city/county' license. [PC 26220]

What FEES may I expect to pay?

Local fee beyond actual costs is limited to $100. PC 26190(b)(1)

State fee is $44 per 11 CCR 4006

CA Background check fee is $32; Federal is $17.

LiveScan is variable, but in the $75 range.

That's about $270 as a minimum.

Can I re-use my prints/LiveScan from another license or requirement?

No.

You must get an entirely new LiveScan for this license.

What if I move out of the county that issued my LTC?

You must notify your issuing agency.

Your license expires 90 days after you move. [PC 26210]

Note that moving to a different city, or no city, in the same county, still allows you to keep a city-issued LTC.

Does my LTC exempt me from the crime of carrying a concealed weapon in public?

For the guns listed on your license, yes. PC 25655 explicitly exempts LTC holders from 25400 for handguns listed on the license.

This includes the 25400 restrictions on carry in a vehicle - 25655 exempts LTC holders from those, for the weapons listed on the license.

Does my LTC also exempt me from being charged with 'loaded in public' [PC 25850]

Yes, with respect to handguns listed on your license. PC 26010 says

Section 25850 does not apply to the carrying of any handgun
by any person as authorized pursuant to Chapter 4 (commencing with
Section 26150) of Division 5.

Am I required by law to carry my LTC when I carry one of my listed guns?

Surprisingly, no. However, to take advantage of the exemptions from the crimes of carrying a concealed weapon in public and carrying a loaded weapon in public, it is necessary to show one is entitled to those exemptions. Carry of the LTC is the obvious means to do that.

Some issuing agencies impose that requirement.

Am I required to notify law enforcement of my license?

That is a decision made by your issuing agency. Such ID is not required by law.

===== The Guns =====

Are there caliber or technical restrictions for guns allowed on the LTC?

Nothing in the Penal Code specifies caliber, manufacturer, materials used to make the gun or any other detail of concealable firearms which may be listed on an LTC.

Issuing agencies often have an opinion.

Must the weapon(s) on my LTC be registered to me?

No. Nothing in Penal Code requires that. Some issuing agencies require that anyway.

That said, once you are issued an LTC, the info is reported to DOJ, including information about the weapons listed; in effect the weapons listed on your LTC become registered.

Can my wife/husband carry a handgun that is registered to me on his/her LTC ?

If your issuing agency allows that, yes. It must be added specifically to the spouse's LTC.

Must the weapon(s) on my LTC be on the Roster?

No. Nothing in Penal Code requires that. Some issuing agencies require that anyway.

This also means that intra-family transfers, single-shot exemption (SSE) transfers, inherited guns all are fine at the state level; your issuing agency may have different ideas.

Can I put something other than a handgun on my LTC?

No.

Can't, for examples, put a knife or collapsible baton on an LTC - must be a firearm.

Can't put a rifle or shotgun on an LTC - must be concealable.

If you can persuade your issuing agency, something like an AR pistol or AK pistol is both a firearm and concealable, by definition. (See the wiki -- http://wiki.calgunsfoundation.org/De..._a_firearm/gun)

What are the rules for 'concealed'?

There are none. California law has no law regarding 'printing' (the outline of the carry weapon visible through a cover garment) or accidental uncovering of one's carry weapon. 'Printing' and accidental exposure are NOT brandishing. A handgun in a holster, on a belt, is NOT concealed unless a further cover garment is used.

Almost all licenses are for concealed carry; there exists a kind of LTC for 'open' carry, but it is seldom issued. 'Concealed' LTC holders may not carry 'openly' unless anyone could carry openly in that place. The issuing agencies expect you to conceal your carry weapons in almost all situations.

===== Restrictions =====

There are two kinds of possible restrictions: those specified in the Penal Code, and those applied to a particular license. (Additionally, your place of employment may have rules, and those rules may have employment consequences, but those are outside the scope of this thread.)

In 2012, there are very few restrictions on LTC in the Penal Code, other than a general 'if you commit a felony or some misdemeanors, you lose your right to have guns, so you also lose your LTC'. [PC 26195]

So, the answers to the following questions depend entirely on the restrictions actually printed on one's license document by the issuing agency. Statements on the application are NOT on the license. See PC 26200, linked in the first post of this thread.

Can I carry where alcohol is served or while drinking?

Penal Code is silent on alcohol related to LTC.

UPDATE: NO, you may not carry when drinking. Those restrictions appear on the application, and sometimes on the license. The 2014 resolution of the Damon Gardner case had him arrested for carry while drinking; he was imprisoned assigned to a Sheriff's work project for 30 days and put on "three years of informal probation". Newspaper

ETA Summary of Sacramento Superior Court record of the case attached. See the end of the post.

Can I carry where there are signs prohibiting firearms?

Penal Code is silent on such signs - no requirements for text-content, size, color or placement, and no penalty for ignoring such a sign. But see also the 'where can I carry' sticky in this forum.

Can I carry on school grounds/college or university property?

Unless the restriction on that behavior is printed on your license, YES. No.

Effective Jan 1, 2016, SB 707 changed the law to remove the exemption for CCW holders to carry on school grounds. See PC 626.9(c)(2).

[Librarian]

What states besides California honor California LTC?

States that honor the CA LTC permit: (April 30, 2013; subject to change)

Alaska
Arizona
Idaho
Indiana
Iowa
Kentucky
Michigan
Mississippi
Missouri
Montana
Nebraska
North Carolina
Oklahoma
South Dakota
Tennessee
Texas
Utah
Vermont
Wisconsin

H/T to Quiet

[Librarian]

Post 2 now is the beginning of an FAQ.

[TMoNeE]

Nice information here

[Librarian]

Added links to exceptions to PC crimes for LTC holder, and added 2 questions/answers to the FAQ

[65falconlover]

I'm certain that I should already know this and understand some basic stuff on a CCW permits, etc. but what about open carry in a holster for God and everybody to see? My dad is a retired LEO and said it was legal to carry openly for anybody and no licence was required. That seems a little raw to me so I'm asking here.

John

[Librarian]

Originally Posted by 65falconlover

I'm certain that I should already know this and understand some basic stuff on a CCW permits, etc. but what about open carry in a holster for God and everybody to see? My dad is a retired LEO and said it was legal to carry openly for anybody and no licence was required. That seems a little raw to me so I'm asking here.

John

No.

Illegal unless you are in a place where using a gun is OK - hunting, target range - or you have the almost non-existent OC LTC.

[65falconlover]

Originally Posted by Librarian

No.

Illegal unless you are in a place where using a gun is OK - hunting, target range - or you have the almost non-existent OC LTC.

Thank you! I thought he might be mistaken but it's hard to question dear old dad. He's a Korean War Vet and a retired LEO, he's always right in my mind.

John

[Librarian]

Originally Posted by 65falconlover

Thank you! I thought he might be mistaken but it's hard to question dear old dad. He's a Korean War Vet and a retired LEO, he's always right in my mind.

John

Used to be OK prior to the 1967 Mulford Act, but that slammed the door on loaded open carry. Then, used to be OK if one had any kind of LTC, but that changed a few years back (not sure how far - the 'loaded and exposed' license was in the law in 1993, so before then, I think); and finally, Unloaded Open Carry was killed off effective 2012.

[65falconlover]

Thanks for clearing that up for me. I'll let dad know so in the unlikely event someone else asks him he doesn't mis-inform.

John

[Librarian]

Update - Carry while drinking invalidates your LTC, says a court in Sacramento. See the FAQ post #2 above.

[mej16489]

Originally Posted by Librarian

Update - Carry while drinking invalidates your LTC, says a court in Sacramento. See the FAQ post #2 above.

I'm not so sure that I agree with the notion that the court said anything...didn't the accused simply plead guilty to the charges?

http://www.sacbee.com/2014/02/26/619...sentenced.html

That article indicates the guilty plea (though probably really "no contest")

The same article also states, "Gardner’s actions violated the terms and conditions of his permit to carry a concealed weapons, which was issued from Mendocino County in November 2012." Does anyone know what, if any, restrictions Mendocino County prints on the permit?

[Librarian]

Originally Posted by mej16489

I'm not so sure that I agree with the notion that the court said anything...didn't the accused simply plead guilty to the charges?

http://www.sacbee.com/2014/02/26/619...sentenced.html

That article indicates the guilty plea (though probably really "no contest")

The same article also states, "Gardner’s actions violated the terms and conditions of his permit to carry a concealed weapons, which was issued from Mendocino County in November 2012." Does anyone know what, if any, restrictions Mendocino County prints on the permit?

He was sentenced. I suppose a court would allow a defendant to plead to crimes of which he was not guilty, but since the defendant is (was?) a lawyer, I find that possibility very remote.

If he were guilty, such that he was sentenced, the crimes alleged are those one might be guilty of if one did not have an LTC.

But he did have an LTC, so we may infer the court thought that LTC was ineffective in the conditions alleged.

[Mithrandir13]

once again... awesome resource!!

[chopperjock22]

Originally Posted by Librarian

Can I carry on school grounds/college or university property?

Unless the restriction on that behavior is printed on your license, YES.

Penal Code 626.9 specifically exempts LTC holders from the Gun Free School Zone law and from college/university prohibitions on guns and ammunition, for those guns listed on the license.

This needs to be updated. As of January 1, 2016 CCW holders are no longer exempt from the California Gun Free School Zone law (SB707). I believe CCW holders may still enter the zone while carrying, but I am sure they may not be "on the grounds" of a school while carrying.

[Librarian]

Originally Posted by chopperjock22

This needs to be updated. As of January 1, 2016 CCW holders are no longer exempt from the California Gun Free School Zone law (SB707). I believe CCW holders may still enter the zone while carrying, but I am sure they may not be "on the grounds" of a school while carrying.

Thanks - just got to it.

"CCW holders may still enter the zone while carrying," - yes, that's correct.

[NorCalBusa]

Originally Posted by Librarian

What states besides California honor California LTC?

States that honor the CA LTC permit: (April 30, 2013; subject to change)

Alaska
Arizona
Idaho
Indiana
Iowa
Kentucky
Michigan
Mississippi
Missouri
Montana
Nebraska
North Carolina
Oklahoma
South Dakota
Tennessee
Texas
Utah
Vermont
Wisconsin

H/T to Quiet

Time to update this? Would be greatly appreciated! Maybe nothing has changed...

[Markinsac]

A source that tries to keep updated.

http://handgunlaw.us/states/california.pdf

[Librarian]

Originally Posted by NorCalBusa

Time to update this? Would be greatly appreciated! Maybe nothing has changed...

USA Carry Oct 4 2021 https://www.usacarry.com/concealed-c...iprocity-maps/

Permit(s) Honored In:
Alabama,
Alaska,
Arizona,
Arkansas,
Idaho,
Indiana,
Iowa,
Kansas,
Kentucky,
Michigan,
Mississippi,
Missouri,
Montana,
Nebraska,
North Carolina,
Ohio,
Oklahoma,
South Dakota,
Tennessee,
Texas,
Utah,
Vermont,
Virginia,
Wisconsin

Note: 'reciprocity' means 'you do this for me, and I'll do the same for you.'

In 2021 and earlier, California honors CCW from no other state, so no reciprocity is possible.

Some of these states do not require CCW from anyone, so your CA CCW is irrelevant.

Other states honor CA CCW for reasons satisfactory to themselves.

(Distinguish from an Interstate Compact - https://www.insurancecompact.org/faq.htm)

[clb]

Any permalinks to 2022 ? post nysrp v ny?
I'm stuck babysitting a broken rig and searching via phone is a fail...
I'm cruising the forum now...

[Librarian]

Originally Posted by clb

Any permalinks to 2022 ? post nysrp v ny?
I'm stuck babysitting a broken rig and searching via phone is a fail...
I'm cruising the forum now...

No changes in law so far.

After the usual gaggle of lawsuits, probably issuing agencies will publish policies that are different, but still at the beginning of that process.

[supersonic]

RE: PC25400 (Carrying concealed without a license)....

What exactly does "[[ 6 felonies ]]" mean??

[Librarian]

Originally Posted by supersonic

RE: PC25400 (Carrying concealed without a license)....

What exactly does "[[ 6 felonies ]]" mean??

There's a link to 25400 so you can go look, but here that means 'there are punishments for committing carry without a license, based on other felonies you might have committed'

Ordinarily, I don't expect Calgunners to be committing crimes, so those were not necessary in the FAQ.

[supersonic]

Originally Posted by Librarian

There's a link to 25400 so you can go look, but here that means 'there are punishments for committing carry without a license, based on other felonies you might have committed'

Ordinarily, I don't expect Calgunners to be committing crimes, so those were not necessary in the FAQ.

Ok, thank you. I had a feeling that it meant something to do with prior felonies. I’m just trying to get a good idea of what one might expect if one is caught. I know a non-prohibited person who Sac Sheriffs Dept refuses to grant a license to because of an arrest 27 years ago, and said person no longer believes their life is worth worrying about permission to carry a life-saving self defense tool.


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