California Statewide Rule
California Open Carry Prohibition Statewide
Key Facts
- Loaded Carry
- Pen Code 25850
- Unloaded Handgun
- Pen Code 26350
- Unloaded Long Gun
- Pen Code 26400
- Statewide Application
- Yes
Summary
California broadly prohibits open carry of firearms statewide under Penal Code 25850 (loaded firearms in public) and Penal Code 26350 (open carry of unloaded handguns). The prohibition applies uniformly across all California cities and counties without local variation.
(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.
Full Breakdown
Penal Code 25850 makes it a crime to carry a loaded firearm in any public place or street within an incorporated city. Penal Code 26350 prohibits open carry of unloaded handguns in public places, and Penal Code 26400 prohibits open carry of unloaded long guns in incorporated cities. These prohibitions are statewide and apply equally in every California jurisdiction. Limited exemptions exist for hunting, target practice on lawful ranges, security guards, and law enforcement. Localities cannot authorize open carry in violation of state law.
Violations & Penalties
Violations are typically misdemeanors punishable by up to one year in county jail and fines under Penal Code 25850 and 26350.
Frequently Asked Questions
Is open carry legal anywhere in California?
Can a California city authorize open carry locally?
Sources
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