The steps needed to carry a concealed weapon in California

By Corp. Mark Pescatore
The steps needed to carry a concealed weapon in California

I have been employed with the City of Lemoore since October of 2002. I was born and raised in New Jersey until we moved to Hanford in August of 1990. As a youngster, I attended Pioneer Middle School and graduated from Hanford High School in 1996. While working for the City of Lemoore I managed to earn an A.S. Degree and plan on continuing my education in the near future.

After high school, I worked for a company delivering ice cream to grocery stores until I enrolled in the College of the Sequoias police academy. I graduated with the 94th academy class and began working in this profession with the Tulare County Sheriff's Department. After approximately 15 months, I applied to work for the Lemoore Police Department.

In the time I have been with the police department I have had the opportunity to work as a patrol officer, detective, field training officer, Taser instructor, and patrol corporal. This wide variety of assignments has allowed for professional and personal growth to which I apply back to my daily contacts with the citizens of Lemoore.

Almost daily I am asked about the laws and processes regarding carrying a concealed weapon and obtaining a concealed carry permit for firearms. California Penal Code 26155 allows for the issuance of a license to carry a pistol, revolver, or other firearm concealed upon a person by the chief or other head of a municipal police department of any city if certain criteria are met. These criteria are set forth by the penal code and are as follows:

  • The applicant is of good moral character
  • Good cause exists for the issuance of the license
  • The applicant is a resident of that city
  • The applicant has completed a course of training as described in Penal Code section 26165

While this authority is given to the Chief of Police by the penal code, there are also additional steps that need to be taken. You will need to come to the department in person and pick up an application packet. This packet contains a checklist of things that will need to be completed prior to the issuance of the permit as well as important information regarding the permit itself. The important thing to remember here is to complete each step of the process in a timely manner and fill out each form carefully.

The fee for an initial application is $195 and for renewal $77, both of which are non-refundable. These fees include finger-printing fees. You must furnish names and written letters of reference from three character references, other than family members. The license is not valid outside the State ofCalifornia. The license will be limited to the purpose stated on the application and this limitation will be included as part of the license. The license is valid for two years from the date of issue, at which time the applicant must apply for renewal. At the discretion of the Chief of Police, a psychological assessment may be required and if issued, the license may be revoked at any time by the Chief of Police.

Another important aspect to obtaining your CCW License is to seek out and receive quality training. The City of Lemoore requires a minimum of 12 hours of training and must all applicants must demonstrate an understanding of firearm safety and handling, as well as proficiency with the firearms listed on the license prior to issuance. Proficiency will also be required biannually as a requirement of renewal. Additional training is always encouraged with your firearm so that you stay proficient with your weapon system.

As we are a military town we also have citizens in our city that transfer in here from all over the world. What is important to know about an out of state CCW License is that they are not recognized by the State of California's Department of Justice. If you were issued a CCW License by your home state and wish to continue to carry concealed while living in the State ofCalifornia, you need to apply for a CCW through the jurisdiction in which you reside.

If carrying your firearm in your vehicle ensure that it is kept on your person at all times. Do not leave a loaded firearm in a locked vehicle unattended. While at home ensure that the firearm is properly locked away and secured out of reach of children. Negligent storage of a firearm is a crime and could result in jail time (PC 25100).

While carrying a concealed firearm, it is important to know where you can and cannot go. You are not permitted to enter Federal Courthouses, State Courthouses, and family court. You are permitted to carry in private business establishments, even if they post otherwise and/or search people entering. However, they are within their rights to ask you to leave if they find out; and you are trespassing if you do not leave after being asked.

California is a Castle Doctrine and a Stand Your Ground state. California penal code section 198.5 states that any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury. You do not need a CCW license to keep a firearm loaded in your house for protection however once you exit the house and conceal it upon your person, it is required.  

Lastly, if you are issued and CCW License and are contacted by a Police Officer, as soon as it is safe to do so, advise that officer that you have a concealed carry permit and that you are armed. DO NOT make any movements towards the weapon or toward an area on your person where a weapon could be concealed. If you are holding your firearm and contacted by an officer obey all instructions given to you at that time. Understand that these situations and stressful for all parties involved and the simplest and safest way to ensure nobody gets hurt is to comply with all instructions given.

If you have any questions regarding this article please contact me at the Lemoore Police Department.

Corporal Mark Pescatore

Office- (559) 924-9574

Dispatch- (559) 924-5333

Voice Mail- (559) 924-6760

Email-  mark.pescatore@lemoorepd.com.

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