When our fundamental right to self-defense - yes, even outside one's home - is acknowledged (soon), a licensing authority will have no basis for denial but for those provisions in state and federal law which would preclude right to arms.
Assumption: You have a fundamental right to keep and bear arms.
Are you a prohibited person at this time? See below.
If no, go on (receive CCW permit).
If yes, end.
CALIFORNIA PROHIBITING CATEGORIES FOR A CCW LICENSE
As of January, 1999
• Persons convicted of a felony, or any offense enumerated in section 12021.1 of the Penal Code (PC).
• Persons addicted to the use of narcotics.
• Persons denied firearm possession as a condition of probation pursuant to PC section 12021(d).
• Persons convicted of a specified misdemeanor pursuant to PC section 12021(c)(1) are prohibited from purchasing
or possessing firearms for 10 years (see Attachment 2).
• Juveniles adjudged wards of the juvenile court because they committed a 707(b) Welfare and Institutions Code (WIC) offense, an offense described in PC section 1203.073(b) or any offense enumerated in PC section 12021 (c)(1) are prohibited until they reach age 30.
• Persons who are subject to a protective order as defined in section 6218 of the Family Code, or a temporary
restraining order or injunction issued pursuant to sections 527.6 or 527.8 of the Code of Civil Procedure.
• Persons found by a court to be a danger to others because of mental illness.
• Persons found by a court to be mentally incompetent to stand trial.
• Persons found by a court to be not guilty by reason of insanity.
• Persons adjudicated to be a mentally disordered sex offender.
• Persons placed on a conservatorship because they are gravely disabled as a result of a mental disorder or impairment by chronic alcoholism
• Persons who communicate a threat to a licensed psychotherapist, against a reasonably identifiable victim, and the
psychotherapist reports to law enforcement pursuant to WIC section 8100(b), are prohibited from purchasing or
possessing a firearm for 6 months.
• Persons in a mental health facility certified pursuant to WIC sections 5250, 5260, and 5270.15 are prohibited from
possessing or purchasing or attempting to purchase firearms for 5 years.
• Persons who are voluntary patients in a mental facility who are determined to be a danger to self or others are
prohibited from purchasing or possessing a firearm between admission and discharge.
• Persons under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year.
CALIFORNIA PROHIBITING MISDEMEANORS
As of January, 1999
Pursuant to Penal Code (PC) section 12021(c)(1), any person who has been convicted of a misdemeanor violation
for any of the following offenses is prohibited from owning, possessing, or having under his or her custody or
control any firearms within 10 years of the conviction:
• Threatening public officers, employees and school officials (PC section 71).
• Threatening certain public officials, appointees, judges, staff or their families with the intent and apparent ability
to carry out the threat (PC section 76).
• Possessing a deadly weapon with the intent to intimidate a witness (PC section 136.5).
• Threatening witnesses, victims, or informants (PC section 140).
• Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer
(PC section 148(d)).
• Unauthorized possession of a weapon in a courtroom, courthouse or court building, or at a public meeting
(PC section 171(b)).
• Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (PC section 171c).
• Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional
officers, etc. (PC section 171(d)).
• Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs
(PC section 186.28).
• Assault (PC sections 240, 241)
• Battery (PC sections 242, 243).
• Assault with a stun gun or Taber weapon (PC section 244.5)
• Assault with deadly weapon or force likely to produce great bodily injury (PC section 245).
• Assault with a deadly weapon or instrument, by any means likely to produce great bodily injury or with a stun
gun or Taber on a school employee engaged in performance of duties (PC section 245.5).
• Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, horsecart or camper
(PC section 246).
• Discharging a firearm in a grossly negligent manner (PC section 246.3)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (PC section 247)
• Inflicting corporal injury on a spouse or significant other (PC section 273.5)
• Willfully violating a domestic protective order (PC section 273.6).
• Drawing, exhibiting, or using any deadly weapon other than a firearm (PC sections 417(a)(1), 417(a)(2)).
• Brandishing a firearm in presence of a peace officer (PC section 417.1 – repealed by stats. 1998).
• Drawing or exhibiting, selling, manufacturing, or distributing firearm replicas or imitations (PC section 417.2).
• Inflicting serious bodily injury as a result of brandishing (PC section 417.6).
• Bringing into or possessing firearms upon or within public schools and grounds (PC section 626.9).
• Stalking (PC section 646.9).
• Armed criminal action (PC section 12023).
• Possessing a deadly weapon with intent to commit an assault (PC section 12024).
• Driver or any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any
person who will fully and maliciously discharges a firearm from a motor vehicle (PC sections 12034(b),
12034(d)).
• Criminal possession of a firearm (PC section 12040).
• Firearms dealer who sells or transfers or gives possession of any firearm to a minor or a handgun to a person
under the age of 21 (PC section 12072(b)).
• Various violations involving sales and transfers of firearms (PC section 12072(g)(3)).
• Person or corporation who sells any concealable firearm to any minor (PC section 12100(a) – repealed by
stats. 1994).
• Unauthorized possession/transportation of a machine gun (PC section 12220).
• Possession of ammunition designed to penetrate metal or armor (PC section 12320).
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform, while
picketing (PC section 12590).
• Bringing firearm related contraband into juvenile hall (WIC section 871.5).
• Bringing firearm related contraband into a youth authority institution (WIC section 1001.5).
• Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a
mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical
violence against an identifiable victim (WIC section 8100).
• Providing a firearm or deadly weapon to a person described in WIC sections 8100 or 8103 (WIC section 8101).
• Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a
mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of
insanity, and individuals placed under a conservatorship (WIC section 8103).
FEDERAL PROHIBITING CATEGORIES FOR POSSESSING FIREARMS
Gun Control Act of 1968, Title 18 U.S.C. Chapter 44
As of January, 1999
Pursuant to Section 922, any person listed below is prohibited from possessing, shipping, transporting, or receiving
any firearm, who:
• Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
• Is a fugitive from justice.
• Is an unlawful user of or addicted to any controlled substance.
• Has been adjudicated as a mental defective or committed to a mental institution.
• Is an alien illegally or unlawfully in the United States.
• Has been discharged from the Armed Forces under dishonorable conditions.
• Having been a citizen of the United States, has renounced U.S. citizenship.
• Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or
child of such intimate partner.
• Has been convicted in any court of a misdemeanor crime of domestic violence.
• Is under indictment for a crime punishable by imprisonment for a term exceeding one year.
• Has an out-of-state prohibitive criminal history.
• Has a prior denial on a previous National Instant Criminal Background Check System (NICS) inquiry.