San Diego's Firearms: The Rules That Matter

Every city handles firearms a little differently. In San Diego, California, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Local Firearms Preemption

California Penal Code section 53071 preempts almost all local firearm regulation, so San Diego cannot license or restrict gun ownership beyond state law. Narrow zoning, storage, and sensitive-place rules remain enforceable citywide.

Key details: Preemption statute: Penal Code section 53071. City registration: Not allowed. Sensitive places: Per SB-2, statewide. City zoning of dealers: Permitted.

State firearms violations are misdemeanors or felonies under the Penal Code; San Diego may prosecute discharge or storage breaches but cannot add separate local registration penalties.

If you are coming from a city with tighter rules, you will find San Diego gives residents more flexibility on local firearms preemption.

Open Carry

California bans open carry of handguns under Penal Code section 26350 and openly carried unloaded long guns in incorporated areas under section 26400. San Diego is fully incorporated, so open carry is illegal everywhere in the city.

Key details: Handgun open-carry ban: Penal Code 26350. Long-gun open-carry ban: Penal Code 26400. Loaded carry ban: Penal Code 25850. City coverage: Entire city, fully incorporated.

Open carry is a misdemeanor under Penal Code section 26350 or 26400, punishable by up to one year jail and fines; loaded open carry under section 25850 carries equivalent penalties.

This is not one of those rules that cities tend to ignore. San Diego actively enforces its open carry requirements.

Concealed Carry

Penal Code section 25400 prohibits carrying a concealed firearm without a CCW. San Diego residents apply through the San Diego County Sheriff under shall-issue rules following Bruen, but SB-2 sensitive-place limits apply citywide.

Key details: Permit issuer: San Diego County Sheriff. Statute: Penal Code 25400, 26150. Training: Minimum 16 hours required. Sensitive places: Per Penal Code 26230.

Carrying concealed without a permit is a misdemeanor under Penal Code section 25400, punishable by up to one year in jail and fines, and a felony with aggravating factors.

This is not one of those rules that cities tend to ignore. San Diego actively enforces its concealed carry requirements.

Firearms in Vehicles

California Penal Code sections 25400 and 25610 require firearms transported by vehicle in San Diego to be unloaded, with handguns inside a locked container or trunk. Long guns must be unloaded but may ride in the cabin if encased.

Key details: Handgun storage: Unloaded, locked container. Long-gun storage: Unloaded, encased OK. Statute (handgun): Penal Code 25610. Loaded ban: Penal Code 25850.

Loaded or accessible firearms in a vehicle without a CCW are misdemeanors under Penal Code section 25400 or 25850, with up to one year jail and possible felony charging if priors exist.

This is not one of those rules that cities tend to ignore. San Diego actively enforces its firearms in vehicles requirements.

The Bottom Line

San Diego is tougher than many cities when it comes to firearms. Out of the 4 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in San Diego, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from San Diego's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.