Santa Clara County, CA Firearms: Open Carry (2026)
Key Facts
- Handgun open-carry ban
- Penal Code 26350, cities only
- Long-gun open-carry ban
- Penal Code 26400
- Loaded carry ban
- Penal Code 25850 countywide
- Unincorporated handgun rule
- Loaded ban only
Summary
California Penal Code section 26350 bans open carry of unloaded handguns in incorporated areas, and section 26400 bans openly carried unloaded long guns. All fifteen Santa Clara County cities are incorporated; loaded open carry is barred everywhere countywide.
(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: (A) A public place or public street in an incorporated city or city and county. (B) A public street in a prohibited area of an unincorporated area of a county or city and county. (C) A public place in a prohibited area of a county or city and county. (b)(1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
Full Breakdown
Penal Code section 26350 makes it a misdemeanor to openly carry an unloaded handgun in any public place in an incorporated area, and section 26400 extends the rule to long guns. All fifteen Santa Clara County cities, including San Jose, Sunnyvale, Mountain View, Palo Alto, and Cupertino, are incorporated, so open carry is illegal in those jurisdictions. In unincorporated areas like the Stanford foothills, the New Almaden hills, and South County rangeland, sections 26350 and 26400 do not apply, but loaded open carry is still barred by Penal Code section 25850 on any public street or in a prohibited area. Sheriff's deputies enforce countywide. Hunting on permitted land, target ranges, and on-duty peace officers are exempt.
Violations & Fines
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 countywide.
Frequently Asked Questions
Can I openly carry an unloaded rifle hiking in unincorporated South County?
Are antique or black-powder firearms exempt from the open-carry ban?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California firearms overview
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