California Open Carry Laws

Open Carry Laws in California

General Legality

Open carry is generally illegal in California. With very narrow exceptions, you may not carry a firearm (loaded or unloaded, handgun or long gun) exposed in public.

This is the opposite of the rule in most states. California law makes openly carrying a firearm a crime under three parallel statutes:

If you have a prior felony conviction, are an active criminal-street-gang member, or the firearm is stolen, the loaded-carry charge under Section 25850 escalates to a felony. The graduated penalty scheme is detailed below.

"California's restrictions on the open carrying of firearms and issuance of open-carry licenses remain in effect and should continue to be followed by law enforcement agencies and prosecutorial agencies at this time until further action by the court." Source: California DOJ Division of Law Enforcement, Information Bulletin No. 2026-DLE-04 (January 7, 2026)

Your safe assumption: outside of private land you own or control, open carry in California requires a license issued under Cal. Penal Code Section 26150 or Section 26155, or one of the narrow statutory exceptions discussed below. Anything else risks prosecution.

Who May Open Carry

The general answer is almost no one in most of California. There are three categories of people who may openly carry, and each turns on either an exception or a license:

1. Peace officers and honorably retired peace officers

Active peace officers and honorably retired peace officers who are eligible to carry concealed under Cal. Penal Code Section 25450 et seq. (or to carry a loaded firearm under Section 25900 et seq.) are exempt from all three open-carry statutes. The exemptions are spelled out in Cal. Penal Code Section 26361 (handguns) and Cal. Penal Code Section 26405 (long guns).

2. License-holders in low-population counties

If you live in a county with a population under 200,000 people, the sheriff of that county (or the chief of police of a city within that county) may issue you a license to carry a loaded, exposed handgun under Cal. Penal Code Section 26150 or Section 26155.

If you hold one of these licenses:

• You may openly carry a loaded handgun within the issuing county
• You must follow all the same sensitive-place restrictions that apply to a CCW (no schools, courthouses, government buildings, hospitals, places that serve alcohol, etc.; see Prohibited Places)
• Your license is valid only in the issuing county. It does not authorize open carry in Los Angeles County, San Francisco, San Diego, Sacramento, Orange, Riverside, San Bernardino, Alameda, Contra Costa, Santa Clara, or any other county above the 200,000-person threshold.
• The license is issued under the same chapter of the Penal Code as the CCW license (Cal. Penal Code Section 26150 et seq.). For the application process, training, fees, and renewal requirements, see the Application Process and Training Requirements sections of this guide.

3. Specific narrow statutory exceptions

A handful of activities are exempt from the open-carry prohibitions even without a license. The most commonly invoked:

• Hunters and target shooters transporting unloaded firearms to or from authorized hunting locations or established target ranges
• Members of a target-shooting club while on the established range
• Firearms-industry merchandise. A person engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms (and who is licensed for that business), or that person's authorized representative, while engaged in the lawful course of the business
• Authorized military or civil organizations while parading or rehearsing parading at the meeting place of the organization
• Auctions, raffles, or similar events of nonprofit public benefit or mutual benefit corporations selling firearms to fund their activities, where the firearm is delivered by a licensed dealer under Cal. Penal Code Sections 26700 to 26915
• Publicly owned land where possession and use of an unloaded firearm other than a handgun is specifically permitted

The complete exception lists appear in Cal. Penal Code Sections 26361 to 26392 (handguns) and Cal. Penal Code Section 26405 (long guns). The Section 26405 exception list is extensive, with at least 30 enumerated subdivisions covering everything from movie productions to gun shows. If you think your activity might be exempt, consult the full text of these sections; do not rely on this summary.

Where Open Carry Is Prohibited

The simplest answer: everywhere a member of the public can normally go in California. The three open-carry statutes apply to:

• Any public place in an incorporated city or city and county
• Any public street in an incorporated city or city and county
• Any public street in a "prohibited area" of an unincorporated area of a county
• Any public place in a "prohibited area" of an unincorporated area

The phrase "prohibited area" is defined elsewhere in the Penal Code (Cal. Penal Code Section 17030 and related provisions) and is intended to capture areas where open carry would create public alarm. In practice, most populated land in California is a "prohibited area." If you're not on private property you own or control, treat open carry without a license as illegal.

Sensitive Places (Apply to Everyone, License or Not)

Even if you hold a Section 26150 open-carry license, you may not carry in:

• Schools and weapon-free school zones
• Courthouses
• Government buildings and adjacent grounds and parking areas
• Establishments that serve alcohol for on-premises consumption
• Public parks, playgrounds, and recreational areas
• Polling places
• Private property where the owner has not given express authorization

Enjoined and not enforceable: Per California DOJ-DLE Information Bulletin No. 2025-DLE-06, the Ninth Circuit affirmed the preliminary injunction against the sensitive-place restrictions for hospitals (Cal. Penal Code Section 26230(a)(7)) and public transportation facilities (Section 26230(a)(8)) in the Wolford v. Lopez litigation, so these two restrictions remain unenforceable. Confirm the latest status with the DOJ-DLE bulletin or the California AG's office before relying on these restrictions.

The sensitive-place list expanded under SB 2 (2023) and continues to evolve. For the full current list, see the Prohibited Places section of this guide.

Open Carry in Vehicles

You cannot open-carry in a vehicle in California, license or not. Both Cal. Penal Code Section 25850 (loaded carry) and Cal. Penal Code Section 26350 (unloaded handgun carry) apply when the firearm is "in a vehicle," not just on the person. Cal. Penal Code Section 26350(a)(2) is explicit: a person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun "inside or on a vehicle, whether or not on his or her person."

There is no general "in your own car" carve-out in California open-carry law.

Lawful Transport (Without a CCW or Open-Carry License)

If you need to transport a firearm in a vehicle without a CCW or open-carry license, follow these steps:

1. Unload the firearm completely. No round in the chamber. Per the U.S. Concealed Carry Association cross-reference of California transport law, ammunition must not be attached to the firearm during transport.
2. Place the firearm in a locked container designed for firearm storage. Under California law, a locked container is "a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device." The glove box and the center console do not count as locked containers.
3. Place the locked container in the trunk (or in a locked container in the vehicle other than the utility or glove compartment). If the vehicle has no trunk, place it in a location that is not readily accessible to occupants of the passenger compartment.
4. Keep ammunition separate from the firearm during transport.

Lawful transport purposes include:

• Going to or from a place of repair
• Going to or from a public or private shooting range
• Going to or from a hunting location
• Moving the firearm between residences during a residential move
• Going to or from a gun show, place of sale, or place of purchase
• Going to or from a law-enforcement agency for safety inspection or surrender

If a Peace Officer Asks to Inspect

Cal. Penal Code Section 25850(b) authorizes a peace officer to examine any firearm carried on the person or in a vehicle in any public place or on any public street to determine whether it is loaded. Refusing the inspection is itself probable cause for arrest under Section 25850. If you are stopped, do not interfere with the inspection.

Note: this inspection authority is unique to Section 25850 (loaded carry). It does not apply to peace-officer encounters generally.

Penalties

The penalty scheme under Cal. Penal Code Section 25850(c) is the toughest of the three open-carry statutes because it covers loaded firearms. The grading depends on aggravators:

Mandatory minimum. Cal. Penal Code Section 25850(d) requires a minimum three-month county jail sentence for any Section 25850 conviction where the defendant has a prior conviction for an offense enumerated in Cal. Penal Code Section 23515 or Section 16580. The court may depart from the minimum only by stating its reasons on the record and in the minutes.

Federal-eligibility carve-out. A Section 25850 misdemeanor conviction punished by up to one year in county jail does not count as a conviction punishable by imprisonment exceeding one year for purposes of federal firearms eligibility under 18 U.S.C. § 922(g)(1). This is a narrow protection. It does not apply to the felony tiers.

Cal. Penal Code Sections 26350 and 26400 (unloaded carry) are misdemeanors at the baseline. Each firearm constitutes a separate offense (Sections 26350(d) and 26400(d)). If you are stopped openly carrying three unloaded handguns in violation of Section 26350, that is three counts.

Cal. Penal Code Sections 26350 and 26400 also preserve prosecutorial flexibility: nothing in either section bars prosecution under any other applicable law with a greater penalty. In practice, an open-carry stop can lead to additional charges (felon in possession, prohibited person in possession, gang enhancements, etc.).

Recent Legal Developments: Baird v. Bonta

On January 2, 2026, a three-judge panel of the United States Court of Appeals for the Ninth Circuit issued an opinion in Baird v. Bonta, Case No. 24-565, holding that certain California laws restricting openly carrying loaded or unloaded firearms in public without a license in densely populated counties violate the Second Amendment.

This decision has not yet taken effect. Under Federal Rule of Appellate Procedure 41, a Ninth Circuit panel decision becomes final only when the court issues its "mandate," which typically happens at least 21 days after publication. California Attorney General Rob Bonta has filed a petition asking the full Ninth Circuit to vacate the panel opinion and grant en banc rehearing.

Per the California DOJ Division of Law Enforcement Information Bulletin No. 2026-DLE-04 (January 7, 2026):

"The mandate will not issue until that process is complete; if the Attorney General's petition is denied, the Ninth Circuit must still issue its mandate, which would render the decision final and transfer jurisdiction back to the district court for entry of judgment. None of those procedural steps has occurred."

"Accordingly, California's restrictions on the open carrying of firearms and issuance of open-carry licenses remain in effect and should continue to be followed by law enforcement agencies and prosecutorial agencies at this time until further action by the court."

What this means for you right now: until the mandate issues (and until any rehearing or U.S. Supreme Court review concludes), all three open-carry prohibitions remain fully enforceable. Anyone who openly carries in a densely populated California county before the mandate issues, in reliance on Baird, risks prosecution under Cal. Penal Code Section 25850, Section 26350, or Section 26400.

The status of this case is fluid. Before relying on any change in California open-carry law, check the latest DOJ-DLE Information Bulletin and any AG-issued guidance for current status.

Recent Legislation: SB 2 (2023)

The most recent statutory amendment to Cal. Penal Code Section 25850 reflects Senate Bill 2 (Stats. 2023, Ch. 249, Sec. 9), effective January 1, 2024. SB 2 strengthened California's gun-safety laws and revised the carry-license framework, including the sensitive-place restrictions discussed above.

The licensing framework, sensitive-place list, training requirements, and reciprocity posture are addressed in separate sections of this guide.

Definition of "Concealed" and Why "Open Carry" Matters

Cal. Penal Code Section 25400 defines the offense of carrying a concealed firearm. The line between concealed carry under Section 25400 and open carry under Sections 25850, 26350, and 26400 turns on whether the firearm is exposed.

In most states this distinction creates two separate, lawful options for permitted carriers. In California, both options are crimes for unlicensed carriers in most public places. The exposed/concealed distinction matters primarily because it determines which statute the prosecutor charges under, not whether the conduct is lawful.

If you carry under a Cal. Penal Code Section 26150 open-carry license in a low-population county, exposure is required (the license authorizes loaded, exposed carry). If you carry under a CCW issued under Section 26150 or Section 26155, concealment is required. (The geographic scope of a CCW differs from the open-carry license; see the Application Process section for details.)

Key Statutes Reference

Ambiguities and Notes

• The phrase "prohibited area of an unincorporated area" in Section 25850(a) and Section 26350(a)(1)(B)-(C) is defined elsewhere in the Penal Code. Confirm whether a given unincorporated locale is a "prohibited area" before relying on geographic-scope language.
• The exception lists in Sections 26361 to 26392 (handguns) and Section 26405 (long guns) are detailed and contain numerous subdivisions; this guide summarizes only the most commonly invoked exceptions.
• Open-carry licenses issued by county sheriffs in counties under 200,000 population are valid only in the issuing county. Persons holding an open-carry license should verify the geographic limitation on their license document.
• The Ninth Circuit's January 2, 2026 panel decision in Baird v. Bonta (Case No. 24-565) has not taken effect as of the date of this guide; California's open-carry restrictions remain enforceable until the Ninth Circuit issues its mandate. Confirm the latest status before relying on any change.

Source Information

• California Penal Code Section 25400. Carrying a concealed firearm. Source: California Legislative Information. Last scraped: 2026-05-04.
• California Penal Code Section 25850. Carrying a loaded firearm in public. Source: California Legislative Information. Last amended by Stats. 2023, Ch. 249, Sec. 9 (SB 2), effective January 1, 2024. Last scraped: 2026-05-04.
• California Penal Code Section 26350. Openly carrying an unloaded handgun in public. Source: California Legislative Information. Added by Stats. 2011, Ch. 725, Sec. 14 (AB 144), effective January 1, 2012. Last scraped: 2026-05-04.
• California Penal Code Section 26361. Exception for peace officers (open carry of unloaded handgun). Source: California Legislative Information. Last scraped: 2026-05-04.
• California Penal Code Section 26400. Carrying an unloaded firearm that is not a handgun in public. Source: California Legislative Information. Last scraped: 2026-05-04.
• California Penal Code Section 26405. Exemptions to Section 26400 (unloaded non-handgun open carry). Source: California Legislative Information. Last scraped: 2026-05-04.
• California DOJ Division of Law Enforcement. Information Bulletin No. 2026-DLE-04 (January 7, 2026), "California's Firearm Open Carry Laws Currently Remain in Effect." Last scraped: 2026-05-04.
• California DOJ Division of Law Enforcement. Information Bulletin No. 2025-DLE-06 (sensitive-place / Wolford v. Lopez analysis). Last scraped: 2026-05-04.
• California Office of the Attorney General, Office of Gun Violence Prevention, Overview of Firearm Law. Last scraped: 2026-05-04.
• California Office of the Attorney General, Firearms, Public Frequently Asked Questions. Last scraped: 2026-05-04.
• U.S. Concealed Carry Association, "California Gun Laws: CCW Reciprocity Map" (secondary source; cross-checked against the Penal Code statutes cited above). Last scraped: 2026-05-04.