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May 06 2022

Can I open carry in California?

It is generally a crime for a person to openly carry a firearm in California. This applies to the open carry of both:

  • loaded guns, and
  • unloaded guns.

Note, however, there is one exception involving the open carry of loaded guns. Under California law, the sheriff of any county with a population under 200,000 people may issue licenses for people to carry a loaded, exposed handgun.

California Penal Code 26150 and 26155 PC.

Note too that the laws regarding the open carry of firearms may change. In 2018, a court ruled that the Second Amendment guarantees the open carry of a gun. This decision, however, was appealed and the court will be rehearing the case later.

Carrying an unloaded handgun in public is a misdemeanor. Most violations are punishable by:

  • up to one year in county jail, or
  • a fine of up to $1,000.

Carrying a loaded firearm in public is a misdemeanor. The penalties include:

  • custody in county jail for up to one year, and/or
  • a maximum fine of $1,000.68

Note, though, that aggravating factors can make the crime a wobbler offense. This means a prosecutor can charge the offense as either a misdemeanor or a felony.

A felony conviction can result in imprisonment in county jail for up to three years.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 6, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

Written by Whiskey Creek Solutions · Categorized: General Information · Tagged: open carry

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