Concealed Weapons Permits
The information below will assist you with your application process to ensure the completion of specific documents/processes. Please refer to Fairfax Police Department Policy 218 and the California DOJ application packet for a complete and comprehensive explanation of procedures and requirements. We are not obligated and will not return incomplete applications.
The Fairfax Police Department will fairly and impartially consider all applications to carry firearms under applicable laws and this policy.
In light of the U.S Supreme Court’s ruling in New York Rifle Association v. Bruen, we are no longer requiring an applicant to establish “good cause” in an application for a Carry Concealed Weapons Permit License (CCW).
You must reside in the Town of Fairfax (your primary residence) to apply for a Carry Concealed Weapons Permit License (CCW) with the Fairfax Police Department
Qualified Applicants
To qualify for a license to carry a concealed firearm, the applicant must meet specific requirements, including:
- Be a Fairfax, Ca resident (Penal Code § 26150; Penal Code § 26155).
- Be at least 21 years of age (Penal Code § 29610).
- Complete the necessary application that will include extensive personal information. Much of the information in the application may be subject to public access under the California Public Records Act.
- Be free from criminal convictions that disqualify the applicant from carrying a firearm. Fingerprints will be required, and a complete background check is required.
- Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied.
- Provide proof of ownership or registration of any firearm to be licensed.
- Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190).
- Complete all required training (Penal Code § 26165).
Application Process
Any individual applying for a license to carry a firearm shall first complete a California Department of Justice (DOJ) application requiring signature under penalty of perjury. Any applicant who provides false information or statements on the application will be
removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180)
When the completed application is submitted, the applicant shall submit a check made payable to the California Department of Justice for the required California DOJ application fee, along with a separate check made payable to the Town of Fairfax for a non-refundable 20 percent of the application fee to cover the cost of processing the application (Penal Code § 26190) and CCW License fee.
The applicant shall be required to submit to fingerprint and complete a background check by the California DOJ. The second set of fingerprints may be required for retention in department files. The Fairfax Police Department provides the livescan service if desired (there is a DOJ fee determined at the time of printing + the Town of Fairfax Fee of $20).
No person determined to fall within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, or Welfare and Institutions Code § 8103 will be issued a license to carry a firearm. A license shall not be issued if the California DOJ determines that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm (Penal Code § 26195).
The applicant shall be required to submit to a psychological assessment in accordance with Penal Code § 26190.
The applicant shall submit at least three signed letters of character references from individuals other than relatives.
The applicant shall submit proof of ownership or registration of each firearm to be licensed.
Once the Chief of Police or the authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced or denied.
Upon completing the above portion of the application, the applicant shall be scheduled for a personal interview with the Chief of Police or the authorized designee. During this stage, there will be further discussion of any potential conditions or restrictions that may be placed on the permit.
License Denial/Appeal Process
Applicants who are denied a concealed weapons license (CCW) will be advised in writing of the reason for the denial. Beginning January 1, 2024, applicants who are denied or had their CCW revoked may request a “Hearing to Challenge Disqualified Person Determination” through the Marin County Superior Court, per Penal Code § 26206.
License Restrictions
Fairfax Police Department Carry Concealed Weapons (CCW) License holders shall not commence the following, when carrying a weapon:
- Consume any alcoholic beverage.
- Commit any criminal act. You must report any arrest to Fairfax Police Department’s CCW Coordinator within 10 days.
- Be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption.
- Be under the influence of any drug, or alcohol.
- Use any illegal drug.
- Refuse to show license or surrender weapon to law enforcement upon request.
- Impede any peace officer.
- Represent self as a peace officer to any person, if not so employed.
- Possess weapon any place where prohibited by law or sign.
- Unjustifiably display weapon.
- Carry a concealed weapon not listed on the license.
- Fail to disclose, when stopped or detained by law enforcement, your status as a CCW license holder when you are carrying a weapon on your person or in your vehicle.
- Change residence without reporting new address in writing within 10 days to Fairfax Police Department’s CCW Coordinator. If new residence is in California but outside of the Town of Fairfax, the license will remain valid for 90 days from notification or the remainder of its term whichever expires first. If moving out of state, the license must be surrender within 10 days.
Enforcement
The restrictions above have been imposed by this agency under the Penal Code § 26200 and the California DOJ Firearms Division. In addition to above, these restrictions can be found on the California DOJ Carry Concealed Weapons License Application. Failure to adhere to any of the restrictions listed above may result in the revocation of your Carry Concealed Weapons (CCW) License.
Penal Code § 26200(a): “A license issued pursuant to this article may include any reasonable restrictions or conditions that the issuing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which the licensee may carry a pistol, revolver, or other firearm capable of being concealed upon the person.”
Weapons
The following regulations pertain to the weapons licensed for Fairfax Police Department Carry Concealed Weapons (CCW) license holders:
- The weapon shall be the product of a recognized manufacturer free from mechanical and other flaws, within tolerances determined by the manufacturer’s specifications, and in good working order.
- Weapons approved shall be either revolver or semi-automatic with an ammunition capacity of no less than five rounds.
- Weapons must have a bullet with a specification of no less than .25 calibers, nor greater than.45 calibers. Derringer or other “hide-away” type weapons, or “single shot” weapons are not licensed. If the weapon is listed as a “single shot” weapon with the Department of Justice, it is prohibited from being carried as a concealed weapon.
- Except for non-resident CCW holders, any weapon listed on a CCW license must be registered with the California DOJ, Firearms Bureau to the holder of the license. If you have brought the gun in from another state or are uncertain if the gun is registered to you, you must verify that the weapons are indeed registered to you with the California DOJ.
- Laser sights, night sights, and red dot (RDS) sights are permitted. However, RDS sights require the firearm to be factory-machined or pre-cut at purchase. You may replace the factory slide with one from the same manufacturer, including MOS machining, but third-party slides are not allowed.
- Modifications to the grips are allowed.
- “AR Pistol” or "AK Pistol" platforms and similar handgun styles are prohibited.
- Firearms that have been modified, including modifications to triggers, slides, safety mechanisms, conversions, and magazine releases, are not approved. Modifications made by the manufacturer’s “Pro Shop” at the time of purchase might be permitted—please check with the Fairfax Police Department CCW Coordinator before proceeding.
- A maximum of three weapons is allowed on a CCW permit. Effective January 1, 2024, you may only legally carry 2 firearms at one time.
CCW Senate Bill 2 Update
On September 6, 2024, the United States 9th Circuit Court of Appeals ruled on the temporary injunction granted under May v Bonta regarding the “sensitive places” restrictions covered under California’s new SB-2.
Under the new ruling, the following places are permissible to carry concealed with a CCW:
- Hospitals
- Churches
- Medical facilities
- Public transit
- Gatherings that require a permit
- “Private-Property Default Rule” – meaning private business owners are not required to post signs specifically allowing CCWs in their business
- Parking areas connected to or in control of the above
The following places are prohibited from carrying concealed with a CCW:
- Bars and restaurants serving alcohol
- Playgrounds
- Parks, State Parks
- Casinos
- Stadiums and Arenas
- Libraries
- Zoos
- Museums
- Parking areas connected to or in control of the above