Firearms in San Jose, CA (2026)
4 verified firearms rules for San Jose, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Local Firearms Preemption
California Penal Code section 53071 preempts most local firearm regulation, but San Jose enacted a first-in-the-nation gun harm reduction insurance and fee ordinance under its police powers in 2022.
State Preemption Plus Narrow San Jose Firearm Rules
Some RestrictionsConcealed Carry
San Jose Police Department issues California concealed carry weapon (CCW) permits under state law, applying objective shall-issue standards after SB-2 reshaped sensitive places where carry is prohibited.
Concealed Carry Permits Issued By San Jose Police
Heavy RestrictionsCalifornia Penal Code § 25400
(a) A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
Open Carry
California prohibits open carry of loaded and unloaded handguns and long guns in public statewide, leaving San Jose with no separate municipal rule because the state ban already applies citywide.
Open Carry Of Firearms Prohibited Statewide California
Heavy RestrictionsCalifornia Penal Code § 26350
(a) (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
Firearms in Vehicles
California Penal Code section 25400 prohibits concealed carry in vehicles without a permit, and transport must follow strict unloaded and locked-container rules that San Jose enforces alongside state agencies.
Vehicle Firearm Transport Rules Under California Law
Heavy RestrictionsCalifornia Penal Code § 25610
(a) The firearm is unloaded, within a motor vehicle, and locked in the vehicle’s trunk or in a locked container in the vehicle. (b) The firearm is unloaded, carried by the person directly to or from any motor vehicle, and, while carrying the firearm, the firearm is contained within a locked container.
Looking for Santa Clara County county-wide rules?
County ordinances apply to unincorporated areas and may supplement San Jose city rules.
Firearms in Santa Clara County →