Vista, CA asked in Business Law, Criminal Law and Gov & Administrative Law for California

Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.

According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you have been issued a license to carry a concealed weapon. There are a few exceptions, such as for peace officers, but these do not apply to the general public or most employees.

Furthermore, California is a "may-issue" state, meaning that local law enforcement has discretion in issuing CCW permits to individuals. The applicant must demonstrate "good cause" for needing to carry a concealed weapon, and self-defense alone is not considered sufficient reason in most counties.

It's important to note that even with a valid CCW permit, there may be certain restrictions on where you can carry, and employers may still have the right to prohibit firearms on their property.

In summary, regardless of your employer's permission, it is not legal to carry a concealed firearm in the workplace in California without a valid CCW permit. It is strongly advised that you obtain the proper permits and familiarize yourself with all relevant laws and regulations before carrying a concealed weapon.

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: Although the business owner's permission may be necessary, it certainly isn't the sole authority. It won't be an absolute defense, and I doubt the owner will take all the responsibility if things go wrong.

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