How to Handle a California CCW Background Check

Applicant’s fingerprints will be taken upon submitting an application for a CCW permit. Here’s how to handle a California CCW background check.

Background checks are often required by the applicant’s county sheriff. State and federal records will be thoroughly checked to determine if they are eligible to possess firearms. An applicant is considered to be of good moral character if they pass the required background check and do not have any serious documented instances of poor judgment in their recent past.

Meet Eligibility Requirements

The Penal Code sections 26150 and 26155 state that a sheriff or chief of police may issue a license to persons who meet the following:

Good moral character
Completed a course of training
Good cause

Who may be issued a CCW Permit?

It is always best to have the cleanest possible record when applying for a CCW permit. Police agencies tend to have a host of policies regarding prior convictions and the length of time that must pass before they no longer pose an impediment to obtaining a CCW permit. Most minimums are five years. Although expungement and other methods that can clean criminal records do exist, this does not assure the granting of a CCW permit.

How do I know if I am prohibited from possessing a firearm?

There are voluntary background checks that allow a person to find out whether they are eligible to possess a firearm. This request of voluntary determination can be done by filling and submitting a “firearms eligibility check” from the Department of Justice and comes with a fee of $20 for conducting each check. While expectations do exist, no person or agency may require or request another person to obtain a firearms eligibility check.

Do I have to own a handgun before I begin the application process?

Counties may vary, so check with the issuing authority to see if it is required to list the owned handgun(s) on the application upon initial submission or if it is possible to wait until after the application has been evaluated.

What questions could I be asked in a California CCW Background Check?

While questions may vary, most counties commonly ask the following questions:

Have you ever been convicted for any criminal offense (civilian or military) in the U.S. or any other country?

This answer should list felony or misdemeanor crimes including DUI’s and vehicle code violations no matter how long ago they occurred.

List any arrests or formal charges, with or without disposition, for any criminal offenses within the U.S. or any other country (civilian or military).

This answer should include the final disposition of the arrest even in the case of reduced, dismissed, dropped, sealed, or expunged charges regardless of how long ago they occurred. While they are requested, convictions or arrests do not necessarily disqualify a person from receiving a CCW permit.

What training is required for a CCW permit?

A research training course is required so be sure that it is acceptable to the licensing authority. While some differ, the licensing authority may require one of the following:

A course should not to exceed 16 hours and includes instruction on at least firearms safety and the law surrounding the permissible use of a firearm
A community college course certified by the Commission on Peace Officer Standards and Training should not exceed 24 hours and must be uniformly required for all CCW license applicants.

Keep in mind that the licensing authority may also require annual qualification on the weapon(s) during the term for which the CCW license is granted.

Is there training required for license renewal applicants?

Yes, and the course of training may be any of the following:

Acceptable to the licensing authority
No less than four hours in length
Include instruction on firearm safety
Include the law regarding the permissible use of a firearm

When should I begin training?

An individual should not begin the required training course before the satisfaction of the “good cause” requirement is determined. This prevents an individual from paying and completing a required training class only to be later denied a license for other reasons.

Is there psychological testing required?

Some jurisdictions may require psychological testing on the initial application. In the case that this is required, applicants should be referred to a specified licensed psychologist used by the licensing authority. All fees are the responsibility of the applicants and do not exceed $150.00 for an initial test. Additional psychological testing of an applicant seeking license renewal may be required in the case of compelling evidence. (Pen. Code, § 26190)

What are the penalties for submitting false information on a CCW application?

Any person who files an application required by Section 26175 knowing that statements contained therein are false is guilty of a misdemeanor.
Individuals may be guilty of a felony if they knowingly makes a false statement on the application regarding any of the following:

Denial or revocation of a license (or amendment to a license)
Criminal conviction
Not guilty by reason of insanity
The use of a controlled substance
Dishonorable discharge from military service
Commitment to a mental institution
Renunciation of United States citizenship

Can felons restore their gun rights?

Provided the offense did not involve a firearm, a person may request a pardon and certificate of rehabilitation to restore their firearm rights. In the case that a felony is reduced to a misdemeanor, that will restore a person’s firearm rights under federal law unless it was for a domestic violence offense.

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