Defense Brief Motion Bank

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CA AB 1078 2025-2026 chaptered

Firearms (CCW licensing, 3-in-30 purchase cap, transit lockbox)

Chaptered bank: queued

Chaptered. Effective date is not on the official record yet.

Official status checked 2026-10-04 23:45 PT

Asm. Marc Berman · Last amended 2025-09-04

Bill summary

Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public.

Existing law authorizes a licensing authority, as specified, if certain requirements and other criteria are met, including, among other things, the applicant has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.

Existing law requires a licensing authority to conduct an investigation to determine whether an applicant can receive or renew a license that includes, among other things, a review of all information provided in the application for a license, and a review of the information in the California Restraining and Protective Order System.

Existing law prohibits the licensing authority from issuing a license if, among other things, the applicant has been convicted of contempt of court, has been subject to a restraining order, protective order, or other type of court order, unless that order expired or was vacated or otherwise canceled more than 5 years prior to receipt of the completed application, or, in the 10 years prior to the licensing authority receiving the completed application, has been convicted of specified criminal statutes.

The official digest continues on the official text.

Now vs if chaptered

NOW (as of 2026-08-26): chaptered and operative. 3-in-30 purchase cap has been live since April 1, 2026. CCW disqualification and reporting expansions are live. This is not pending legislation and is not California's 10-day waiting period.

Defender utility

For CCW denials and revocations, the live fight is §26202 disqualification (danger-to-self, analog out-of-state convictions, restraining orders without notice-and-hearing carve-out, unlawful-user NICS dump) plus the §26206 court hearing — People bear preponderance unless two prior upheld denials in 10 years. For purchase-cap cases after April 1, 2026, the charged limit is three in 30 days, not one; do not recite the enjoined/old one-gun rule. For §29800 priors, check the new out-of-state nonviolent-felony vacation/pardon carve-out. Transit gun cases: unloaded-and-locked lock box on public transit is now an express exception. This card is licensing/volume-cap/carry, not the 10-day DROS wait.

Who this is for. PDs on CCW denial/revocation calendars, 3-in-30 DROS hits, transit-carry lockbox facts, and §29800 priors with out-of-state relief.

Key dates

Chaptered
2025-10-10
Three in 30 live
2026-04-01
Ccw renewal fingerprint shift
2026-09-01

Exemptions (draft)

3-in-30 retains existing statutory exceptions to the old one-gun rule (confirm enrolled text / current §27535). Transit exception is unloaded firearm locked in a lock box. Restraining-order CCW bar does not apply if the order expired/vacated >5 years ago, or if the applicant never received notice and an opportunity to be heard. §29800 inapplicable to specified vacated/expunged/pardoned out-of-state nonviolent felonies that restored firearms rights.

Penalties (if chaptered)

Purchase-cap / dealer-delivery violations remain under existing §27535/§27540/dealer schemes (not newly felonized here). CCW: denial or revocation; knowing false application is a bar. §29800 remains a felony possessory prohibition with the new out-of-state relief carve-out. Unlawful-user CCW finding triggers a 5-day NICS Index submission by the licensing authority.

Bank hints

  • Motion Bank: CCW / Bruen carry and sensitive-place notes
  • Motion Bank: waiting-period / purchase-delay (do not collapse 3-in-30 into the 10-day DROS wait)
  • Motion Bank: §29800 felony-possession priors
AB-1078 california CCW 3-in-30 purchase-cap sensitive-places 29800 chaptered