CA Open Carry (2024)

General Provisions

All codes are from the Penal Code unless otherwise indicated. Codes may have omissions and abridgmentsmade for the sake of brevity. All emphasis has been added, except certain terms leading definition statutes or regulations may be italicized in the original. All statutes and regulations should be reviewed in the original for their completeness.

16840. (a) As used in Section25800[armed criminal action], a firearm shall be deemed to be “loaded”whenever both the firearm and the unexpended ammunitioncapable of being discharged from the firearmare in the immediate possession of the same person.

Note: the (a) definition only applies to armed criminal action (when you are carrying with the intent to hurt/kill someone).

Open and concealed carry “loaded” definition

16840.(b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section25400, and in Sections25850to26055, inclusive,
(1)A firearm shall be deemed to be “loaded”when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot,in,orattachedin any mannerto, the firearm,including, but not limited to,in the firing chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

Shotgun shells attached to gun not “loaded”; People v. Clark:

​Under the commonly understood meaning of the term 'loaded,' a firearm is 'loaded'" when a shell or cartridge has been placed into a position from which it can be fired; the shotgun is not "loaded" if the shell or cartridge is stored elsewhere and not yet placed in a firing position. The shells here were placed in a separate storage compartment of the shotgun and were not yet 'loaded' as the term is commonly understood." People v. Clark (1996) 45 Cal.App.4th 1147,1153 [53 Cal.Rptr.2d 99]

Note: “clip” is referring to an ammunition clip (stripper or en-block clip).
Note: “magazine…thereof attached to the firearm” would tend to include a magazine in a special buttstock holder.

​Holstered gun not concealed

​25400. (b) A firearm carried openly in a belt holster is not concealed within the meaning of this section [concealed carry, basic prohibition].

Loaded open carry prohibition and exemptions

Mulford Act, loaded open carry basic prohibition

25850. (a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
(b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
[penalty and arrest authority sections omitted]
(h) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c), if the peace officer has probable cause to believe that the person is carrying a handgun in violation of this section and that person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that handgun.

CALCRIM 2530
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant carried a loaded firearm (on (his/her) person/in a vehicle);
2. The defendant knew that (he/she) was carrying a firearm;
AND
3. At that time, the defendant was in a public place or on a public street in (an incorporated city/in an unincorporated area where it was unlawful to discharge a firearm).

Preliminary note about exemptions: these generally do not serve to give you a reason to carry a firearm for self-defense. These sections are mainly intended to exempt innocent behavior and protect those carrying around a cased, unloaded firearm on their way to or from legitimate firearms activities or places where they can legally possess firearms.

Exemptions
Assisting peace officer

​25900. (f) Any person summoned by any of these officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting that officer.

​Shooting ranges and clubs

26005. Section 25850 does not apply to either of the following:
(a) Persons who are using target ranges for the purpose of practice shooting with a firearm.
(b) Members of shooting clubs while hunting on the premises of those clubs.

CCW licensee exemption

​26010. Section 25850 does not apply to the carrying of any handgun by any person as authorized pursuant to Chapter 4 (commencing with Section 26150 [CCW licensees]) of Division 5.

Note: this is what allows licensed concealed carriers to legally carry a loaded firearm in "prohibited areas". This not an exemption for licensees to carry openly.

Business, private property, and employee exemption

26035. Nothing in Section 25850 shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person’s place of business, or any person in lawful possession of private property from having a loaded firearm on that property.

​Hunting exemption

26040. Nothing in Section 25850 shall prevent any person from carrying a loaded firearm in an area within an incorporated city while engaged in hunting, provided that the hunting at that place and time is not prohibited by the city council.

​Note: This exception may be subject to “no hunting” or firearm discharge ordinances, which there often are in cities.

​Immediate self-defense exemption

26045. (a) Nothing in Section 25850 is intended to preclude the carrying of any loaded firearm, under circ*mstances where it would otherwise be lawful, by a person who reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property.
[(b) skipped, see below]
(c) As used in this section, “immediate” means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance.

Note: This section requires that you need the firearm in immediate self-defense; if you do not take armed action, someone will lose their life or be gravely injured. One could infer from this section that under the circ*mstances that would justify excusable homicide, it would be legal to carry a gun openly to deal with that threat.

This does not allow you to openly carry a firearm for a general threat, but prevents you from breaking the loaded firearm law if you need to lawfully defend yourself.

Restraining order exemption

(b) A violation of Section 25850 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circ*mstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This subdivision may not apply when the circ*mstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25850 or committing another similar offense. Upon trial for violating Section 25850, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger.

Companion to Section 25600, concealed carry exemption. See that section for more explanation about this kind of exemption.

Citizen’s arrest exemption

26050. Nothing in Section 25850 is intended to preclude the carrying of a loaded firearm by any person while engaged in the act of making or attempting to make a lawful arrest.

Home/campsite exemption

26055. Nothing in Section 25850 shall prevent any person from having a loaded weapon, if it is otherwise lawful, at the person’s place of residence, including any temporary residence or campsite.

Unloaded open carry of handguns

Post 2012, there is little to no distinction between loaded and unloaded open carry of handguns. Note an unloaded concealed handgun is considered a concealed firearm.

Unloaded handgun, basic prohibition

​26350. (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.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) 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, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.

Note: a handgun in a vehicle must be carried unloaded in a locked container (26389). An unloaded long gun may be carried openly, however, if a long gun is covered or hidden by anything, it would be illegally concealed.

Exemptions

Preliminary note about exemptions: these generally do not serve to give you a reason to carry a firearm for self-defense. These sections are mainly intended to exempt innocent behavior and protect those carrying around a cased, unloaded firearm on their way to or from legitimate firearms activities or places where they can legally possess firearms.

Shooting club exemption

26365. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using handguns upon the target ranges or incident to the use of a handgun at that target range.

Hunting exemptions

26366. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while engaged in hunting or while transporting that handgun when going to or returning from that hunting expedition.

26366.5. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.

See Also

Is shooting a home intruder a justifiable use of deadly force?

Gun show exemption

26369. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.

School zones

​26370. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.

Making an arrest

​26372. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person while engaged in the act of making or attempting to make a lawful arrest

​Selling a firearm

26373. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to loaning, selling, or transferring that handgun in accordance with Article 1 (commencing with Section 27500) of Chapter 4 of Division 6, or in accordance with any of the exemptions from Section 27545, so long as that handgun is possessed within private property and the possession and carrying is with the permission of the owner or lessee of that private property.

Gun-related business or activity

26374. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.

Entertainment event

26375. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television or video production, or entertainment event, when the participant lawfully uses the handgun as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.

Shooting range exemption

26377. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun at any established target range, whether public or private, while the person is using the handgun upon the target range.

Assisting an officer

26378. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.

26382. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to and at the request of a sheriff or chief or other head of a municipal police department.

Training exemption

26380. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.

26381. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.

Private property exemption for guests

26383. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when done within a place of business, a place of residence, or on private property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry openly an unloaded handgun within that place of business, place of residence, or on that private property owned or lawfully possessed by that person.

Public land exemption; specific permission

26388. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun on publicly owned land, if the possession and use of a handgun is specifically permitted by the managing agency of the land and the person carrying that handgun is in lawful possession of that handgun.

Vehicle exemption

​26389. Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container.

Note: to qualify for this exemption, and thus have an unloaded handgun in your vehicle, youmustcomply with this section.

Long-gun open carry; “Unloaded Firearm that is not a Handgun”

This applies to long guns; rifles and shotguns. The only real difference between the preceding regulations and these sections is that long guns are treated differently in vehicles.

Basic prohibition

​26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun [long gun] when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.

How to transport legally

16505. For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is “encased” when that firearm is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of that firearm exposed.

Note: while the long-gun is in a vehicle, there is no destination requirement. You can simply carry it around with your in the vehicle, as long as it is unloaded and carried openly, or meets the locked container requirements.

Exemptions

Preliminary note about exemptions: these generally do not serve to give you a reason to carry a firearm for self-defense. These sections are mainly intended to exempt innocent behavior and protect those carrying around a cased, unloaded firearm on their way to or from legitimate firearms activities or places where they can legally possess firearms.

(a) By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.

Private property; guests

(b) By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.

Traveling exemption (must be cased)

(c) When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circ*mstances.

Note: This applies to cased long guns (technically considered concealed).You can take the gun from legal place to legal place, but no unnecessary stops. You cannot drive around with an unloaded handgun locked away “just in case,” but you can with an unloaded long gun.

Restraining order exemption

(d) If the person possessing the firearm reasonably believes that they are in grave danger because of circ*mstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to the person’s life or safety. This subdivision may not apply when the circ*mstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating Section 26400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that they were in grave danger.

Grants unloaded handgun exemptions to loaded long-guns

​(f) By a person to the extent that person may openly carry a loaded firearm that is not a handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3.

Note: Basically if you can carry a loaded handgun in that place legally, you can also carry a loaded long gun also, although there isn't much difference.

Shooting club exemption

(i) By a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using firearms that are not handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range.

(l) By a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.

Hunting

(j) By a licensed hunter while engaged in hunting or while transporting that firearm when going to or returning from that hunting expedition.

(af) By a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.

Gun show

(m) Within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.

Schools

​(n) Within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.

Citizen’s arrest

(p) By a person while engaged in the act of making or attempting to make a lawful arrest.

Firearms related business or activity

(q) By a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.

Entertainment event

(r) By an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television, or video production or entertainment event, when the participant lawfully uses that firearm as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.

Shooting range exemption

​(t) At an established public target range while the person is using that firearm upon that target range.

Assisting an officer

​(u) By a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.

(y) Incident to and at the request of a sheriff, chief, or other head of a municipal police department.

Legally selling, transferring, or disposing of firearms

​(v) Incident to any of the following:
(1) Complying with Section 27560 or 27565, as it pertains to that firearm.
(2) Section 28000, as it pertains to that firearm.
(3) Section 27850 or 31725, as it pertains to that firearm.
(4) Complying with Section 27870 or 27875, as it pertains to that firearm.
(5) Complying with Section 26556, 27915, 27920, 27925, 27966, 29810, or 29830, as it pertains to that firearm.

Training exemption

​(w) Incident to, and in the course and scope of, training of, or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.

(x) Incident to, and in the course and scope of, training of, or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150 [CCW license]) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.

​Public land and water exemptions

(ad) On publicly owned land, if the possession and use of an unloaded firearm that is not a handgun is specifically permitted by the managing agency of the land and the person carrying that firearm is in lawful possession of that firearm.

(ai) On the navigable waters of this state that are held in public trust, if the possession and use of an unloaded firearm that is not a handgun is not prohibited by the managing agency thereof and the person carrying the firearm is in lawful possession of the firearm.

Most Likely Scenarios