Cal. Codes » Penal Code / PART 6. CONTROL OF DEADLY WEAPONS / TITLE 4. FIREARMS / DIVISION 5. CARRYING FIREARMS / CHAPTER 3. Carrying a Loaded Firearm / ARTICLE 2. Crime of Carrying a Loaded Firearm in Public
California Codes

Cal. Penal Code § 25850 (2026)

✓ current as of May 2026
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(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, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county.

(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.

(c)Carrying a loaded firearm in violation of this section is punishable, as follows:

(1)Where the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.

(2)Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.

(3)Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4)Where the person is not in lawful possession of the firearm, or is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.

(5)Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

(6)Where the person is not listed with the Department of Justice pursuant to Section 11106 as the recorded owner of the handgun, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

(7)In all cases other than those specified in paragraphs (1) to (6), inclusive, as a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

(d)(1)Every person convicted under this section who has previously been convicted of an offense enumerated in Section 23515, or of any crime made punishable under a provision listed in Section 16580, shall serve a term of at least three months in a county jail, or, if granted probation or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned for a period of at least three months.

(2)The court shall apply the three-month minimum sentence except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in this section or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in this section, in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

(e)A violation of this section that is punished by imprisonment in a county jail not exceeding one year shall not constitute a conviction of a crime punishable by imprisonment for a term exceeding one year for the purposes of determining federal firearms eligibility under Section 922(g)(1) of Title 18 of the United States Code.

(f)Nothing in this section, or in Article 3 (commencing with Section 25900) or Article 4 (commencing with Section 26000), shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a greater penalty than this section.

(g)Notwithstanding paragraphs (2) and (3) of subdivision (a) of Section 836, a peace officer may make an arrest without a warrant:

(1)When the person arrested has violated this section, although not in the officer’s presence.

(2)Whenever the officer has reasonable cause to believe that the person to be arrested has violated this section, whether or not this section has, in fact, been violated.

(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 recorded owner of that handgun.

Notes of Decisions
Cited in 145 cases (77 in the last 5 years), 2012–2026 · leading case: Edward Peruta v. Cnty. of San Diego, 824 F.3d 919 (9th Cir. 2016).
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Edward Peruta v. Cnty. of San Diego, 824 F.3d 919 (9th Cir. 2016). · cites it 2× “See Cal. Penal Code § 25850 (prohibiting carry of a loaded firearm); id.”
United States v. Johnny Casel Nora, 765 F.3d 1049 (9th Cir. 2014). · cites it 5× “The government counters that the officers had probable cause to arrest Nora for violating *1053 California Penal Code § 25850(a) (formerly § 12031(a)).”
Nichols v. Harris, 17 F. Supp. 3d 989 (C.D. Cal. 2014). · cites it 8× “Finally, Plaintiff asserts that he does in fact have standing to assert an equal protection challenge to California Penal Code Section 25850 due to its allegedly racist origin and application because contrary to the criminal complaint on which the Magistrate Judge relied, he is…”
Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013). · cites it 2× “See Cal. Penal Code §§ 25850 , 26150(b)(2). 2 See Ark.”
Mark Baird v. Rob Bonta, 81 F.4th 1036 (9th Cir. 2023). “Cal. Penal Code §§ 25850 , 26150(b)(2), 26155(b)(2), 26350; see also id.”
Edward Peruta v. Cnty. of San Diego, 742 F.3d 1144 (9th Cir. 2014). · cites it 2× “See Cal. Penal Code §§ 25850 , 26350. Because California law has no permitting provision for open carry, cf.”
Nichols v. Brown, 945 F. Supp. 2d 1079 (C.D. Cal. 2013). · cites it 8× “However, because portions of the FAC, as currently pled, fail to comply with Rule 8, it is further recommended that Plaintiff be ORDERED to file a Second Amended Complaint limited to the facts and claims relevant to Plaintiffs challenges to California Penal Code sections 25850…”
People v. Nice, 247 Cal. App. 4th 928 (Cal. Ct. App. 2016). · cites it 2× “(b); count 5); carrying a loaded firearm in which Nice and/or Delconte was not the registered owner (Pen. Code, § 25850, subd. (a); count 6); possession of a firearm while under the influence (Health & Saf.”
People v. Fews, 238 Cal. Rptr. 3d 337 (Cal. Ct. App. 5th 2018). “(a)(3) ; count II), and carrying a loaded firearm ( Pen. Code, § 25850, subd. (a) ; count III).”
People v. Wade, 369 P.3d 546 (Cal. 2016). “Facts and Procedural History The Court of Appeal opinion authored by Jushce Kriegler summarized the facts and procedural history in the superior court: “Defendant Steven Wade was held to answer on a charge of carrying a loaded firearm on his person (Pen. Code, § 25850, subd.…”
Rosalina Calonge v. City of San Jose, 104 F.4th 39 (9th Cir. 2024). “Cal. Penal Code § 25850 (c)(7). Under our caselaw, such an offense is not a serious crime that could justify a high degree of force.”
People v. Reyes, 247 Cal. Rptr. 3d 247 (Cal. Ct. App. 5th 2019). “Navarro was also charged with possession of a firearm and ammunition by a non-registered owner (Pen. Code, § 25850, subds. (a), (c)(6) ; count 1) with gang-related enhancements ( id .”
Show all 145 citing cases →
— Cal. Penal Code § 25850(a) — 4 cases
United States v. Johnny Casel Nora, 765 F.3d 1049 (9th Cir. 2014). “The government counters that the officers had probable cause to arrest Nora for violating *1053 California Penal Code § 25850(a) (formerly § 12031(a)).”
Dickerson v. Super. Ct. (Cal. Ct. App. 2019).
(HC) Dekalb v. Diaz (E.D. Cal. 2022).
People v. Welch CA4/1 (Cal. Ct. App. 2025).
— Cal. Penal Code § 25850(b) — 1 case
Nichols v. Harris, 17 F. Supp. 3d 989 (C.D. Cal. 2014). “Finally, Plaintiff asserts that he does in fact have standing to assert an equal protection challenge to California Penal Code Section 25850 due to its allegedly racist origin and application because contrary to the criminal complaint on which the Magistrate Judge relied, he is…”
— Cal. Penal Code § 25850(c)(1) — 1 case
United States v. Johnny Casel Nora, 765 F.3d 1049 (9th Cir. 2014). “The government counters that the officers had probable cause to arrest Nora for violating *1053 California Penal Code § 25850(a) (formerly § 12031(a)).”
— Cal. Penal Code § 25850(c)(6) — 1 case
Hurtado v. State of CA (E.D. Cal. 2023).
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