19 Jun 26
A heavily debated subject in American gun law is the issue of the open carry of firearms. California has enacted some of the strictest firearm laws. Open carry is generally unlawful for ordinary citizens in most public places in California. Lawmakers over the years have passed laws prohibiting both loaded and unloaded guns from being carried openly in towns, cities, and most public places. These statutes were passed to address concerns regarding gun violence, intimidation, public safety, and confusion among police responding to firearm-related cases.
Currently, the legal landscape is complicated because federal court rulings have challenged portions of California’s open-carry restrictions. A panel of the Ninth Circuit Court of Appeals in January 2026 ruled that part of California’s open-carry ban was unconstitutional. However, this ruling is not final because the state requested further review, and the existing restrictions are still in place.
Open Carry Explained
Open carry means carrying a gun in public, whereby the weapon can be seen by others, like carrying a rifle slung over the shoulder or a handgun in a holster on the hip. This act is categorized into two, as follows:
- Loaded open carry, where you carry a gun with ammunition in it and ready to fire, and
- Unloaded open carry, where you carry a gun openly but without ammunition loaded into it
The above forms of carrying a gun are restricted heavily in California. The legislature gradually passed the laws that made it an offense to:
- Openly carry unloaded rifles and shotguns
- Openly carry unloaded handguns
- Openly carry loaded handguns
These overlapping statutes currently effectively prohibit most forms of public open carry.
Open Carry of firearms was lawful in the 18th and 19th centuries for travelers, hunters, settlers, and ranchers. However, the legislature enacted stricter laws as urbanization and concerns about public violence increased. The Mulford Act was passed in 1967, which prohibited the public carrying of loaded guns. This was done in response to armed demonstrations conducted by members of the Black Panther Party. They openly carried loaded guns while monitoring the activities of law enforcement. This law immediately changed firearm law in California, making it an offense to open carry loaded guns in public places.
California Laws On Open Carry
The laws that cover open carry statutes in California include the following:
Loaded Firearms – Penal Code 25850
It is a crime under Penal Code 25850 to carry a loaded firearm in public places or on public streets within incorporated cities or prohibited areas of counties. This statute applies to shotguns, rifles, handguns, and other firearms. You are not allowed to walk around a public street carrying a visible loaded gun. This crime can be charged as a misdemeanor or a felony in aggravated cases.
Unloaded Handguns – Penal Code 26350
It is also an offense under Penal Code 26350 to openly carry an unloaded handgun in public places. This statute was passed specifically to prevent public demonstrations involving unloaded guns. Carrying a gun openly in public is unlawful even if it is not loaded. This law applies in cars, parks, sidewalks, public streets, and most public places. You could be arrested for merely carrying a visible handgun in a holster if no exception applies.
Unloaded Rifles And Shotguns – Penal Code 26400
You can face charges under Penal Code 26400 if you openly carry an unloaded rifle and shotgun in incorporated cities and many public places. This statute addressed what the legislature viewed as a loophole after the open carry became unlawful. As a result, openly carrying a shotgun or an unloaded rifle in public is an offense as well.
Whether Open Carry Is Completely Unlawful In California
Open carry is not completely illegal in California, but the exceptions are extremely limited. The law has narrow circumstances in which open carry can still be legal. These exceptions include military members, security personnel, police officers, and certain licensed individuals. Open carrying is also allowed in rural areas under limited conditions, during hunting, and on private property. However, open carry is not allowed for ordinary civilians in urban public areas.
Open Carry On Private Property
The law allows people to possess and carry guns on property they own or legally occupy. In this case, you are allowed to openly carry a gun in your home, on private land, or at your business, provided you are legally allowed to possess a gun. However, even on private property, threats involving a gun remain unlawful, and brandishing laws still apply. Additionally, prohibited individuals cannot possess guns.
Hunting And Recreational Exceptions
Certain outdoor recreation activities and hunting create exceptions to open-carry restrictions. A hunter is allowed to carry a gun while legally hunting, traveling to hunting places, or participating in authorized sporting activities. A gun can also be allowed in some remote places where the discharge of firearms is legal. However, schools, federal facilities, state parks, and many other locations remain heavily regulated.
Open Carry In Small Counties
The law permits limited ‘’loaded and exposed’’ carry licenses in counties with populations that do not exceed 200,000 people. These licenses are issued under Penal Code sections 26150 and 26155. However, they are rare, hard to secure, and restricted only to the issuing county. Most sheriffs refused to issue them altogether, and most Californians have no practical access to open-carry licenses.
Open Carry While Hiking
Open carry of guns while hiking is unlawful in most public areas, but the legality depends on where you are hiking and whether you have a concealed-carry license. It also depends on whether you are engaged in legal hunting or fishing activities and whether the gun is loaded or unloaded. However, hiking creates legal gray areas because most hiking trails are found in national forests, wilderness areas, remote unincorporated territory, and Bureau of Land Management (BLM) land.
The law allows loaded or unloaded open carry under limited situations in some remote rural areas where gun discharge is legally permitted. This often applies only in unincorporated areas, which are not categorized as prohibited areas. For example, if you are hiking in a remote wilderness area where shooting firearms is legal. Additionally, where there are no county discharge restrictions and no local prohibitions exist.
Concealed Carry And Open Carry
Concealed carry through a CCW license system is allowed in California. This license allows you to carry a concealed handgun instead of openly displaying it. Some of the requirements you must meet to secure a concealed carry license include showing good character and completing training. You are also required to pass background checks and meet local licensing requirements. However, most sensitive places prohibit guns even with a CCW permit. The legal system in California strongly favors concealed carry over open carry.
Penalties For Open Carry
The law imposes strict criminal penalties for openly carrying guns in public. The penalties you could face depend on the following:
- Whether the gun was loaded or unloaded
- Your criminal record
- The location of the crime
- Whether aggravating circumstances existed, and
- Whether the gun was registered
In most circumstances, unlawful open carry is charged as a misdemeanor, but certain offenses can be charged as felonies. A felony charge can attract a severe prison sentence and a long-term firearm prohibition. Crimes involving guns in California are covered by Penal Codes 25850, 26350, and 26400.
Penalties For Carrying A Loaded Gun In Public – Penal Code 25850
It is a crime under Penal Code 25850 to carry a loaded gun in cars, public streets, public places, and incorporated city places. This Penal Code applies whether the gun is inside your car, openly visible, or otherwise carried illegally in public.
A violation of Penal Code 25850 is often charged as a misdemeanor. The penalties you could face include a jail term that does not exceed one year in a county jail and a fine that does not exceed $1000. You can also face misdemeanor probation, community service, and confiscation of your gun. A conviction can also create immigration repercussions, employment difficulties, a permanent criminal record, and restrictions on future gun ownership.
Unlawful open carry of a loaded gun can be charged as a felony in aggravating situations. Examples include gang involvement, prior gun-related convictions, carrying while prohibited from owning guns, possession of a stolen gun, and prior felony convictions. If the court charges you with a felony, you can face hefty fines, a jail term in a state prison, formal probation, and a lifetime firearm ban.
Penalties For Open Carry Of Unloaded Handguns – Penal Code 26350
It is an offense under Penal Code 26350 for you to carry an unloaded handgun in most public places. A visible public display can violate the law even if the gun is not loaded. A violation of Penal Code 26350 is considered a misdemeanor. This offense could result in a jail term of up to one year in a county jail, monetary fines, the seizure of firearms, and misdemeanor probation. You can also face conditions, such as search conditions, mandatory gun-safety courses, and restrictions on possessing weapons.
Penalties For Open Carry Of Rifles And Shotguns – Penal Code 26400
It is an offense under Penal Code 26400 for you to openly carry an unloaded rifle or shotgun in public places within incorporated cities and prohibited territories. This Penal Code covers shotguns, rifles, and other long firearms. A violation of Penal Code 26400 is often charged as a misdemeanor. This crime can attract fines, misdemeanor probation, a jail term of up to one year, and possible confiscation of your gun. The judge can impose harsher consequences if the conduct frightened the public, the offense happened near schools, or it involved threatening behavior.
Enhanced Penalties In Sensitive Areas
The law imposes strict gun rules in sensitive areas. These areas include airports, courtrooms, government buildings, school zones, public transit facilities, and certain public gatherings. Open carry of a gun in the above places can lead to additional criminal charges, sentence enhancements, and separate crimes under California law.
It is a crime under Gun-Free School Zone laws to carry a gun near K-12 schools. Possessing or openly carrying a gun within school zones can attract misdemeanor or felony charges, substantial jail or prison exposure, and severe long-term repercussions. A conviction could result in imprisonment, loss of gun rights, and enhanced scrutiny in future criminal trials.
Brandishing And Threatening Conduct
Sometimes, if a gun is displayed aggressively, it can attract additional charges. According to Penal Code 417, you can be guilty of brandishing if you draw, exhibit, or use a gun in a rude, angry, or threatening manner. The threatening behavior can create separate criminal liability even if the initial possession was legal. Brandishing offenses can result in a jail term of up to one year in a county jail, significant fines, misdemeanor probation, gun prohibitions, and restraining orders. You will face severe penalties if you are found guilty of brandishing near schools or against a peace officer.
Firearm Confiscation And Loss Of Firearm Rights
The police could confiscate your gun if you are guilty of illegal open carry. Depending on the conviction, future gun ownership can be restricted, your gun will not be returned, and you can be prohibited from possessing guns. According to both California and federal laws, a felony conviction can attract a lifetime firearm ban. Additionally, certain misdemeanor gun crimes can also attract temporary gun prohibitions.
Immigration Repercussions
Gun convictions can create immigration repercussions for non-citizens. Some effects may include visa issues, inadmissibility concerns, deportation risks, and challenges securing lawful status. Immigration consequences depend on the actual crime, whether violence was involved, and your immigration record.
Juvenile Consequences
Children accused of unlawful gun possession or open carry can face trial in juvenile court. Some of the repercussions they can face include detention, probation, counseling requirements, community service, and restrictions on future gun ownership. Juvenile firearm violations can also affect college opportunities, school discipline, and future employment.
Aggravating Factors That Can Enhance Penalties
The following are some of the aggravating factors that can enhance your penalties for illegal open carry:
- Carrying near schools
- Resisting the police
- Carrying during another offense
- Possession while intoxicated
- Prior criminal history
- Gang affiliation, and
- Carrying a stolen gun
You will face severe penalties if the gun conduct endangers others or causes public panic.
Open Carry In A Car
The law also prohibits carrying guns openly in cars. You can face charges under Penal Code 25850 if you are guilty of having a loaded handgun openly visible in your car. Transport laws will also apply if the gun is poorly stored. Improper transport of a firearm could result in arrest, confiscation of your gun, a fine, and a jail term of up to one year in a county jail.
Probation Conditions
Less severe gun offenses can attract probation instead of a jail term. However, probation will be accompanied by several conditions. Some conditions may include attending counseling, accepting warrantless search conditions, surrendering weapons, observing all gun laws, and completing gun education programs. You will face additional jail time if you violate the terms of your probation.
Constitutional Arguments Over Open Carry
The constitutional arguments focus on the Second Amendment to the United States Constitution, which protects the right of citizens to keep and bear Arms. The advocates of gun rights claim that:
- Openly carrying guns is historically protected
- Restrictions in California are too wide, and
- The laws violate constitutional rights
On the other hand, firearm-control supporters claim that:
- Authorities can regulate public safety
- Restrictions enhance public safety, and
- Open carrying creates risks of intimidation and violence
Major changes happened in the 2022 U.S. Supreme Court Ruling in New York State Rifle and Pistol Association v. Bruen. The Supreme Court ruled that gun regulations must be in accordance with America’s historical tradition of gun laws. Most gun laws across the U.S. faced new constitutional challenges after Bruen. The open carry ban in California became the target of litigation because critics claimed that the state effectively barred ordinary citizens from openly bearing firearms.
The most recent and significant case is Baird v. Bonta. A Ninth Circuit panel in January 2026 ruled that the broad open-carry ban in heavily populated counties was illegal. Judges claimed that most citizens were denied the practical ability to openly carry guns. However, the ruling is yet to be formalized. A rehearing was requested, and the existing laws continue to apply.
Supporters of the restrictions claim that open carry creates several public-safety concerns. Fear and public panic are some of the major concerns. Visible guns can alarm ordinary citizens and trigger an emergency call or police confrontations. Ordinary citizens often cannot determine whether you are dangerous, mentally unstable, or preparing for violence. Law enforcement safety is another concern. The police responding to gun-related cases can face uncertainty and heightened danger when openly armed persons are present. They will not immediately know whether you are lawful or if a violent offense is happening.
Find A Criminal Defense Attorney Near Me
Open carry of firearms is illegal in California for both loaded and unloaded firearms. A federal appeals court recently ruled that the ban is unconstitutional in high-population counties. However, despite this ruling, the state’s open carry restrictions remain in place, awaiting further legal proceedings. Most people assume that you can carry an unloaded firearm, but this is also illegal. If you carry a firearm in your vehicle, the firearm must be unloaded and should be locked in the trunk or a container unless you possess a concealed carry license. For more guidance on open carry laws or legal representation if you have violated the open carry laws in Van Nuys, contact Leah Legal. Call us at 818-484-1100 to speak to one of our attorneys.
