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.
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.
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.
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See how San Jose's open carry rules stack up against other locations.
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