Quick Answer

No, in nearly all of California, open carry of a firearm (loaded or unloaded) is illegal for private citizens. A Ninth Circuit panel struck down the statewide ban in January 2026, but that ruling was automatically vacated when the full court agreed to rehear the case. The original ban remains in force while the en banc decision is pending.

Key Takeaways

  • Openly carrying an unloaded handgun (Penal Code 26350) or an unloaded long gun (Penal Code 26400) is a misdemeanor in nearly every California city and county.
  • Carrying a loaded firearm in public (Penal Code 25850) can be charged as a misdemeanor or, with certain prior convictions or circumstances, as a felony.
  • A Ninth Circuit panel ruled California’s urban open carry ban unconstitutional in Baird v. Bonta on January 2, 2026, but that ruling was vacated the moment the full Ninth Circuit granted rehearing en banc.
  • The en banc court heard oral argument on June 8, 2026, and has not yet issued a decision, so the pre-Baird ban is still the law people can be arrested under today.
  • Only a narrow group, including peace officers, active military, licensed hunters, and residents of counties under 200,000 people who hold a county-issued open carry license, may lawfully open carry a firearm.

What Counts as “Open Carry” in California?

Open carry means visibly carrying a firearm on your person, in a holster, sling, or in your hands, without concealing it from view. It is legally distinct from concealed carry, which requires a license under Penal Code 26150 or 26155 and applies only when the firearm is hidden from ordinary observation.

California treats handguns and long guns (rifles and shotguns) as separate categories under its open carry statutes, and it treats loaded and unloaded firearms differently as well. A firearm is considered “loaded” for these purposes when there is an unexpended round in the firing chamber or in a magazine attached to the firearm, not simply because ammunition is nearby.

Because the rules vary by firearm type, loaded status, and location, many people who believe they are complying with the law are actually violating one of three separate statutes.

This distinction matters because California’s default rule is that carrying a firearm in public, in almost any form, requires either a license or a recognized exception. There is no general right under state law to walk down a street or through a park with a visible firearm simply because you legally own it. Ownership and the right to carry in public are treated as two separate legal questions. For more on the rules that govern ownership itself, see our guide on buying, selling, and registering a gun in California.

Is Open Carry Illegal in California Right Now?

The Baseline Rule Under Penal Code 26350, 26400, and 25850

Under ordinary California law, openly carrying an unloaded handgun is a misdemeanor under Penal Code 26350. Openly carrying an unloaded long gun is a misdemeanor under Penal Code 26400. Both statutes apply within incorporated cities and in unincorporated areas where it is unlawful to discharge a firearm.

Carrying a loaded firearm, handgun or long gun, in public is prohibited under Penal Code 25850. Most violations are misdemeanors, punishable by up to one year in county jail and a fine of up to $1,000. Certain circumstances make it a felony instead, including a prior felony conviction, active participation in a criminal street gang, knowingly carrying a stolen firearm, or being in a class of persons prohibited from possessing firearms. A felony conviction under this statute is sentenced under California’s standard determinate sentencing law, Penal Code 1170(h), which sets a term of 16 months, two years, or three years in county jail.

The Baird v. Bonta Ruling and Why the Ban Is Still Being Enforced

On January 2, 2026, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled in Baird v. Bonta that California’s open carry ban, as applied in counties with more than 200,000 residents (roughly 95 percent of the state’s population), violates the Second Amendment. Applying the U.S. Supreme Court’s framework from New York State Rifle & Pistol Association v. Bruen, the panel held that the state failed to identify a close historical analogue justifying a near-total ban on openly carrying a handgun in public. Under Bruen, once a court determines the Second Amendment’s text covers a person’s conduct, such as publicly carrying a handgun for self-defense, the government must point to a comparable regulatory tradition from the founding era to justify a modern restriction. The panel found California’s proposed historical comparisons too different in scope and purpose to satisfy that standard.

That panel decision did not become the final word. California asked the full Ninth Circuit to rehear the case en banc, and the court agreed. Under Ninth Circuit procedure, granting en banc rehearing automatically vacates the three-judge panel’s opinion, so it currently has no binding legal effect. The en banc court heard oral argument on June 8, 2026, and as of this writing the case remains under submission, with no decision issued.

Because the panel ruling has been vacated and the case is still pending, California’s open carry ban remains the operative law statewide. Law enforcement agencies, including local police and sheriff’s departments, have continued to enforce Penal Code 26350, 26400, and 25850 exactly as they did before the January 2026 ruling. Anyone who assumes open carry is now legal in California based on news headlines about Baird v. Bonta is relying on a decision that no longer has legal force.

Who Can Legally Open Carry in California?

A narrow set of exceptions allows certain people to open carry under specific circumstances:

  • On-duty peace officers, and in some circumstances honorably retired peace officers, who are authorized to carry firearms as part of their official duties.
  • Active members of the U.S. armed forces while on duty and acting within the scope of that duty.
  • Licensed hunters carrying an unloaded firearm appropriate to the activity while actively engaged in lawful hunting during an open season.
  • Residents of smaller counties with a population under 200,000, according to the most recent federal census, who have obtained a county-issued license under Penal Code 26150 or 26155 to carry a loaded and exposed handgun within that county only.
  • Property owners, lawful occupants, and their invited guests, who may carry a firearm openly on their own private property or place of business.
  • Licensed firearms dealers and their employees, in the course of their lawful business, such as transporting inventory.

These exceptions are narrow and fact-specific, and they are interpreted strictly by prosecutors and courts. A license issued in one county under Penal Code 26150 does not permit open carry in a different county, and it does not extend to long guns. Someone who qualifies for one exception should not assume it covers a different firearm, location, or activity.

Open Carry of Handguns vs. Long Guns

California regulates open carry of handguns and long guns under separate statutes, but the practical outcome is similar. Penal Code 26350 makes it a misdemeanor to openly carry an unloaded handgun in most public places. Penal Code 26400 imposes the same misdemeanor treatment on openly carrying an unloaded rifle or shotgun. Neither statute distinguishes based on whether the firearm is holstered, slung, or carried in the hands.

The practical difference shows up mainly in the licensing exceptions. The county open carry license created under Penal Code 26150 and 26155 applies only to handguns, so even in a smaller county where a resident holds that license, openly carrying a rifle or shotgun in public remains illegal absent another exception, such as lawful hunting.

Open Carry While Hiking, Camping, or Hunting in Rural California

Many people assume that rural or unincorporated land is exempt from California’s open carry restrictions. That is only partly true. Penal Code 26350 and 26400 still apply in unincorporated areas where discharging a firearm is prohibited, which covers a significant amount of California’s rural land, particularly near populated foothill and canyon communities in Orange County and across Southern California.

One situation is commonly misunderstood: hunting. A person actively engaged in lawful hunting, during an open season and in a location where hunting is permitted, may openly carry an unloaded firearm appropriate to that activity. That exception covers the hunting activity itself, not general hiking or camping with a firearm nearby.

Camping and hiking raise more fact-specific questions, since some narrow exemptions apply to loaded firearms at a residence or established campsite while others do not extend to carrying a firearm loaded while moving between locations. Anyone planning to bring a firearm on a hunting trip, camping trip, or hike in California should confirm the specific location and activity fall within a recognized exception before doing so, ideally by speaking with an attorney familiar with the area.

Penalties for Illegal Open Carry in California

The penalties for violating California’s open carry laws depend on which statute applies and the person’s criminal history.

Violation Statute Classification Possible Jail/Prison
Unloaded handgun, open carry Penal Code 26350 Misdemeanor Up to 1 year, county jail; fine up to $1,000
Unloaded long gun, open carry Penal Code 26400 Misdemeanor Up to 1 year, county jail; fine up to $1,000
Loaded firearm in public (most cases) Penal Code 25850 Misdemeanor Up to 1 year, county jail; fine up to $1,000
Loaded firearm in public (prior felony, gang member, stolen firearm, or prohibited person) Penal Code 25850(c) Felony 16 months, 2, or 3 years under Penal Code 1170(h)

A conviction under any of these statutes can also affect a person’s ability to lawfully possess firearms in the future, separate from the jail time or fine imposed. Open carry charges are also sometimes filed alongside other weapons offenses, such as brandishing a firearm, which is a separate crime with its own penalties. A misdemeanor open carry conviction can still create a permanent criminal record, complicate future background checks, and, depending on the specific offense, trigger a firearm prohibition of its own. A felony conviction under Penal Code 25850 carries the additional, longer-lasting consequence of a lifetime firearm ban under both California and federal law. Because the consequences extend well beyond the sentence itself, even a seemingly minor open carry charge is worth discussing with a defense attorney before deciding how to proceed.

Example Scenarios

Walking with an unloaded handgun in Santa Ana. A man walks to a corner store in Santa Ana with an unloaded handgun visible in a hip holster. Even though the firearm is unloaded and he lawfully owns it, he can be arrested and charged with a misdemeanor under Penal Code 26350. Ownership of a firearm does not create a right to openly carry it in public.

A loaded handgun in a vehicle glovebox. A woman is pulled over in Orange County with a loaded handgun in her glovebox. Because the firearm is loaded and she is not on her own property, she can be charged under Penal Code 25850. If she has a prior felony conviction or falls into another category listed in the statute, the charge can be elevated to a felony rather than a misdemeanor.

Hunting in the Cleveland National Forest. A licensed hunter carries an unloaded rifle in a case while hiking to a legal hunting area during an open season in an unincorporated part of the Cleveland National Forest. Because he is engaged in lawful hunting activity, this generally falls within a recognized exception to the open carry ban.

Open carrying based on a news headline. After reading a news article about the Ninth Circuit’s January 2026 ruling in Baird v. Bonta, a man in Anaheim begins openly carrying a handgun, believing open carry is now legal statewide. Because that panel ruling was vacated when the full Ninth Circuit granted en banc rehearing, he can still be arrested and charged under Penal Code 26350. Following news coverage instead of confirming the current, enforceable law is one of the more common and avoidable mistakes people make with open carry.

What Happens If the Ninth Circuit’s En Banc Ruling Changes the Law?

The en banc Ninth Circuit’s decision in Baird v. Bonta could go one of two ways. If the full court affirms the January 2026 panel’s reasoning, California’s open carry ban in populous counties would likely be struck down again, though the state would almost certainly seek review from the U.S. Supreme Court before any change takes effect for the public. If the en banc court reverses the panel and upholds the ban, the current law stays exactly as it is described in this article, and Penal Code 26350, 26400, and 25850 continue to apply as usual.

Either outcome will take time to work through the courts, and a Ninth Circuit ruling in Baird’s favor would not automatically make open carry legal the day it is issued. Until a final, non-appealable ruling is in place, and any further Supreme Court review is resolved, individuals should assume the current statewide ban remains in effect and enforceable. Making decisions about carrying a firearm based on news headlines about a pending court case is a common and costly mistake.

Frequently Asked Questions About Open Carry in California

Is open carry legal in California in 2026?

No. Despite a Ninth Circuit panel ruling in January 2026 that found the ban unconstitutional in populous counties, that ruling was vacated when the full court granted en banc rehearing. The pre-existing statewide restrictions on open carry remain in effect and are still being enforced.

Can I open carry an unloaded gun in California?

Generally, no. Openly carrying an unloaded handgun is a misdemeanor under Penal Code 26350, and openly carrying an unloaded long gun is a misdemeanor under Penal Code 26400, unless a specific exception applies, such as active law enforcement duty, military duty, or lawful hunting.

What is the difference between open carry and concealed carry in California?

Open carry means the firearm is visible to others, while concealed carry means it is hidden from ordinary view. Concealed carry requires a license issued under Penal Code 26150 or 26155. Neither type of carry is a default right, and each is governed by separate statutes and licensing rules.

Will the Baird v. Bonta decision change California’s open carry laws?

It might, but not yet. The en banc Ninth Circuit heard oral argument on June 8, 2026, and has not issued a ruling. Even if the court eventually strikes down the ban again, California would likely seek review from the U.S. Supreme Court before any change reaches the public, and current law continues to apply in the meantime.

Facing an Open Carry or Weapons Charge in Santa Ana? Get Help Today

Open carry and weapons charges can carry serious, lasting consequences, from time in county jail to a permanent restriction on your right to own firearms. Attorney Sheny Gutierrez has more than 15 years of experience defending clients against criminal charges throughout Orange County and Southern California, including gun crime cases, and serves as Criminal Defense Attorney for the Mexican Consulate. The firm offers free consultations seven days a week and provides services in both English and Spanish.

If you or a loved one has been charged with illegally open carrying a firearm, carrying a loaded firearm in public, or another weapons offense, contact the Law Office of Sheny Gutierrez today to discuss your case and your options.