California’s gun laws are complex and frequently changing. If you own a gun in California, you may be wondering what the current laws say about open carry in the state. Is it illegal to open carry a gun in California? The answer is complicated.
If you have questions about California gun laws or have been charged with a gun-related crime, contact the Law Office of Sheny Gutierrez. We can help you understand the charges and build a solid defensive strategy.
What is Open Carry?
Open carry occurs when someone carries an unloaded handgun in their vehicle or in a public space. California Penal Code § 26350 states that a person may be guilty of openly carrying a gun if they have the firearm exposed on their person or in a vehicle. The law applies to public places, but the Code does not expressly define what a public place is. In most cases, a public place is considered to be a property that is open to or accessible to the public.
California Open Carry Laws
So, can you carry a gun in California? It depends. It is generally illegal to open carry firearms in California. However, there are exceptions. Depending on the type of firearm, where it’s located, and what part of California you’re in, you may be able to openly carry a gun.
Most gun owners are allowed to open carry on their property, including their residences or businesses. California counties with less than 200,000 people have their own rules. Gun owners may be granted a license to carry a loaded and exposed handgun in these locations, but the license is only valid within the county and doesn’t apply to rifles or shotguns.
In most scenarios, carrying a loaded firearm in your vehicle is illegal. One notable exception is for anyone with a concealed weapons permit (CCW). A CCW allows ordinary California gun owners to legally carry their firearms in public. If you do not have a CCW, you cannot carry a loaded or unloaded gun in public, either concealed or openly carried.
Who Can Open Carry an Unloaded Handgun in California?
Most gun owners cannot openly carry a handgun in public, whether the gun is loaded or unloaded. California law does allow for certain exceptions to this rule, including the following:
- Military servicemembers
- Peace officers
- Civilians assisting a peace officer
- Licensed hunters
Carrying an unloaded gun in a locked container in your vehicle is usually legal. You may also be allowed to open carry an unloaded gun in your vehicle if you are on a road in an unincorporated area where it is not illegal.
Open Carrying Outside and in Natural Settings
California is well-known for its abundance of beautiful natural landscapes, including breathtaking ancient forests, miles of coastal beaches, and premier hiking locations. It is understandable if people venturing into the wilderness want to bring some form of protection, but can you open carry while hiking, biking, or camping in California?
National parks and California State Parks generally do not allow people to open carry guns. Additionally, California laws still apply outside of the park system, even in rural or secluded areas. So, the general rule of thumb is that open carrying is prohibited. Exceptions may exist if you are in a county with less than 200,000 residents and have a license to open carry.
Long Guns and Open Carry Laws
Long guns like shotguns and rifles cannot be open carried in California in incorporated cities or counties or in any unincorporated area where it is illegal to do so. The same exceptions apply to long guns as to handguns, so military members, peace officers, and licensed hunters may be able to open carry long guns.
Other legal considerations to keep in mind:
- You may face charges even if a gun does not belong to you if you knowingly allow a passenger to open carry in your car.
- Unloaded antique firearms are not typically included in open carry laws, and these types of weapons can usually be carried without their ammunition.
Open Carry Penalties in California
If you are convicted of open carrying a loaded firearm, you can be charged with either a misdemeanor or a felony. Misdemeanor charges may result in up to one year in jail and a maximum fine of $1,000. Felony open carry charges could be punished by up to three years in jail and a maximum $1,000 fine.
Carrying an unloaded long gun is a misdemeanor punishable by up to one year in jail and $1,000. It is a misdemeanor to carry an unloaded handgun and have immediate possession of ammunition, and this crime carries a penalty of up to one year in jail and a $1,000 fine.
Hire a Fierce Defender of Your Rights
Any criminal conviction has the potential to negatively affect all areas of your life, and this is especially true if you are charged with a felony gun crime. You don’t need to face the potential of lifelong consequences without guidance and support. Sheny Gutierrez has helped countless clients in California fight their criminal charges. His in-depth understanding of the state’s criminal laws and procedures means he is perfectly equipped to advocate for you. Contact Sheny today to schedule a free consultation.