Is It Illegal to Carry a Gun Without a CCW Permit in California?

Yes. Under California Penal Code 25400, it is generally illegal to carry a concealed firearm on your person or in a vehicle without a valid CCW permit. Violating this law can lead to either misdemeanor or felony charges, depending on the circumstances of the case.

Penalties for Carrying a Concealed Firearm Without a Permit

• Misdemeanor – Punishable by up to one year in county jail and a $1,000 fine
• Felony (if you have prior convictions, gang affiliations, or other aggravating factors) – Punishable by up to three years in state prison

Even if carrying the firearm was illegal, you may still have a valid self-defense argument if:

• You reasonably believed you or someone else was in imminent danger
• You used only the necessary force to prevent serious injury or death

While self-defense may justify the use of the firearm, prosecutors can still pursue separate charges for illegally possessing or carrying the gun. The lack of a CCW permit does not automatically negate a self-defense claim, but it can make the legal process more complicated. An experienced criminal defense attorney can assess the circumstances of your case and build a strategy to protect your rights.

Can You Claim Self-Defense If You Didn’t Have a CCW?

Yes, but the absence of a CCW permit can make your case more complicated. While California law allows individuals to use deadly force in self-defense under certain conditions, carrying a firearm without a permit is a separate offense that prosecutors may use against you.

Under Penal Code 197, self-defense is considered legally justified if:

• You reasonably believed you or someone else was in imminent danger of being killed or seriously injured.
• You used only the necessary force required to stop the threat.

However, courts do not automatically accept self-defense claims. Prosecutors and judges consider multiple factors when determining whether your use of force was legally justified, including:

• Whether the force used was excessive – If the response was disproportionate to the threat, self-defense may not apply.
• Whether you had a reasonable belief of danger – The court will examine whether you had a legitimate reason to fear for your life.
• Whether more force than necessary was used – If a lesser action could have stopped the threat, prosecutors may argue against self-defense.
• Your criminal history – Prior convictions, especially violent offenses or illegal firearm possession, can impact how your case is handled.
• Your intent in possessing the firearm – Prosecutors may argue that carrying a gun without a permit suggests premeditation rather than self-defense.
• Your level of cooperation with police – Statements made to law enforcement and your behavior during the investigation can influence how the case is prosecuted.

Possible Criminal Charges for Using a Gun in Self-Defense Without a CCW

Even if self-defense is legally justified, prosecutors may still charge you with firearm-related offenses if you did not have a valid CCW permit. The lack of a permit does not automatically invalidate a self-defense claim, but it can lead to severe legal consequences, including jail or prison time.

Carrying a Concealed Firearm Without a Permit

If someone follows you to your car in a parking garage and you pull out a concealed firearm to protect yourself, self-defense may apply. However, because the firearm was concealed and you did not have a CCW permit, you could still be charged under Penal Code 25400 for illegally carrying a concealed weapon. A misdemeanor conviction carries up to one year in county jail and a $1,000 fine, while a felony conviction—which applies if you have prior offenses or gang-related enhancements—can result in up to three years in state prison.

Carrying a Loaded Firearm in Public

Walking to your car late at night, you notice an unknown person aggressively approaching. You instinctively reach for your loaded firearm, ready to defend yourself if necessary. While self-defense may justify the use of force, carrying a loaded gun in public without a permit is a violation of Penal Code 25850. A misdemeanor conviction carries up to one year in county jail, while a felony conviction—if you have prior firearm-related offenses—can result in up to three years in state prison.

Negligent Discharge of a Firearm

A loud noise wakes you up in the middle of the night. You grab your gun and fire a warning shot to scare off a possible intruder. Even though you did not aim at anyone, prosecutors may argue that firing the gun recklessly endangered others, leading to charges under Penal Code 246.3. If convicted, this felony offense carries up to three years in state prison.

Assault with a Deadly Weapon

An argument escalates when another person gets aggressive and shoves you. In response, you draw your gun and fire. Prosecutors may claim that even if you felt threatened, using a firearm was excessive force. If they determine that the level of force used was greater than necessary, you could be charged under Penal Code 245(a)(2) for assault with a deadly weapon involving a firearm. A conviction can result in a felony sentence of up to four years in state prison.

Manslaughter or Murder Charges in Self-Defense Cases

If a person is killed in a self-defense shooting, prosecutors may examine whether lethal force was truly necessary. If they argue that you could have avoided using deadly force, you may be charged with manslaughter or even murder.

• Voluntary Manslaughter (PC 192(a)) – If prosecutors claim that you killed someone in the heat of the moment, without premeditation but without legal justification, you could face a sentence of three to eleven years in state prison.
• Murder (PC 187) – If they believe the shooting was intentional and unjustified, a murder charge could result in 15 years to life in prison, or longer if aggravating factors apply.

How a Criminal Defense Attorney Can Fight These Charges

 One possible argument is justified self-defense under Penal Code 197, which applies if you reasonably believed you were in imminent danger, the use of force was necessary to prevent harm, and you had no other option to protect yourself. In such cases, an attorney can present evidence showing that your actions were a lawful response to a direct and immediate threat.

Another possible defense is necessity, which argues that you only carried the firearm unlawfully because you were facing an immediate threat and had no other means to protect yourself. If your attorney can establish that violating the law was the lesser of two evils, the charges may be reduced or dismissed.

Additionally, if law enforcement conducted an unlawful search or seizure, your attorney may challenge the admissibility of the firearm as evidence. If police lacked probable cause, violated your Fourth Amendment rights, or obtained evidence improperly, the court may suppress the firearm from the case, weakening the prosecution’s argument.

Even if prosecutors accept that self-defense was justified, they may still pursue charges for illegally possessing or carrying the firearm. A skilled criminal defense attorney can challenge these charges, expose weaknesses in the prosecution’s case, and fight for the best possible outcome, whether that means reducing penalties or having the case dismissed entirely.

Case Result: Attempted Murder Charges Dismissed

Our client was charged with attempted murder (PC 664-187(A)) after using a firearm in self-defense without a CCW permit. During the preliminary hearing, the court questioned whether the force used was proportional to the threat. The charge was later reduced to attempted voluntary manslaughter (PC 664-192(A)), and prosecutors added a firearm enhancement, which carried a significantly higher potential sentence.

Attorney Arash Hashemi challenged the charges by filing a PC 995 motion, arguing that the evidence supported a lawful self-defense claim. After extensive arguments, the court ruled in our client’s favor and dismissed the case, resulting in all charges being dropped.

 Contact a Los Angeles Criminal Defense Attorney

If you used a firearm in self-defense but did not have a CCW permit, you could be facing serious legal consequences. Prosecutors may acknowledge that you acted in self-defense but still pursue charges for unlawful firearm possession, carrying a concealed weapon, or other related offenses. A conviction can lead to jail or prison time, fines, and a permanent criminal record, making it essential to have a strong legal defense.

At The Law Offices of Arash Hashemi, we understand the complexities of self-defense cases involving firearms and the legal challenges they present. Attorney Hashemi has successfully defended clients by proving justified self-defense, challenging unlawful searches, and disputing prosecutorial claims. Whether through case dismissal, reduced charges, or alternative sentencing options, we work aggressively to protect your rights and your future.

If you are facing charges after a self-defense shooting, early legal intervention is critical. Contact our Los Angeles criminal defense attorney today for a free consultation to discuss your defense strategy.

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