San Jose, CA Firearms: Open Carry (2026)
Key Facts
- Loaded firearm ban
- Penal Code section 25850
- Unloaded handgun ban
- Penal Code section 26350
- Unloaded long gun ban
- Penal Code section 26400
- City status
- Incorporated, full ban applies
- Brandishing statute
- Penal Code section 417
Summary
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.
(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:
Full Breakdown
Penal Code sections 26350 (unloaded handguns), 25850 (loaded firearms), and 26400 (unloaded long guns in incorporated cities) collectively ban open carry across California. San Jose, as an incorporated city, falls fully within these bans, so there is no separate municipal open carry rule beyond state law. Limited exceptions exist for hunting in approved areas, target ranges, peace officers, and persons facing a documented immediate threat with an issued permit. Even legal transport requires firearms be unloaded and locked in a container per Penal Code 25610. Brandishing under section 417 carries additional charges if displayed angrily.
Violations & Fines
Open carry violations are misdemeanors carrying up to one year jail and fines; loaded carry under 25850 can be charged as a felony in certain circumstances, with mandatory firearm seizure during arrest.
Frequently Asked Questions
Is open carry ever legal in San Jose?
Can I openly carry a long gun in San Jose if unloaded?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California firearms overview
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