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.
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.
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.
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See how Santa Clara County's open carry rules stack up against other locations.
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