Cal. Codes » Penal Code / PART 6. CONTROL OF DEADLY WEAPONS / TITLE 4. FIREARMS / DIVISION 5. CARRYING FIREARMS / CHAPTER 6. Openly Carrying an Unloaded Handgun / ARTICLE 1. Crime of Openly Carrying an Unloaded Handgun
California Codes

Cal. Penal Code § 26350 (2026)

Crime of Openly Carrying an Unloaded Handgun

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(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.

(2)A violation of subparagraph (A) of paragraph (1) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if both of the following conditions exist:

(A)The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person.

(B)The person is not in lawful possession of that handgun.

(c)(1)Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.

(2)The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.

(d)Notwithstanding the fact that the term “an unloaded handgun” is used in this section, each handgun shall constitute a distinct and separate offense under this section.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2012–2022 · 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× “” Cal. Penal Code § 26350 (a)(1). 3 There are exceptions.”
Edward Peruta v. Cnty. of San Diego, 742 F.3d 1144 (9th Cir. 2014). · cites it 2× “18 See Cal. Penal Code § 26350 (prohibiting open carry of an unloaded firearm); see also id.”
Nichols v. Harris, 17 F. Supp. 3d 989 (C.D. Cal. 2014). · cites it 3× “at 28) (citing Cal.Penal Code §§ 26350 & 26400). Finally, Plaintiff challenges California’s firearm licensing regime to the extent that it infringes on the right to open carry.”
GeorgiaCarry.Org, Inc. v. U.S. Army Corps of Engineers, 788 F.3d 1318 (11th Cir. 2015). “3d at 1172 (citing Cal.Penal Code § 26350). 5 . Incidentally, Peruta is no longer binding law even in the Ninth Circuit now that en banc review has been granted.”
Nichols v. Brown, 859 F. Supp. 2d 1118 (C.D. Cal. 2012). “at 4); see also Cal. Penal Code § 26350 (former Assembly Bill 144).”
Kelly Ann McDougall v. Cnty. of Ventura, 23 F.4th 1095 (9th Cir. 2022). “Cal. Penal Code § 26350 . And those lawfully in possession of a handgun can only carry it while concealed with a license—which can only be obtained (if at all, see Peruta v.”
Baird v. Bonta, 644 F. Supp. 3d 726 (E.D. Cal. 2022). · cites it 2× “The statutes formerly imposed a “good cause” requirement as well, but 25 earlier this year, after the Supreme Court struck down a similar requirement in New York, the 1 The Penal Code lists three places: “(A) A public place or public street in an incorporated city or city and…”
Baird v. Bonta, No. 2:19-cv-00617 (E.D. Cal. Aug. 31, 2020). “27 There is an exception to these rules that allows an individual to publicly carry a firearm without a 28 license, where the individual “reasonably believes that any person or the property of any person is 1 in immediate, grave danger and that the carrying of the weapon is…”
Zeleny v. Brown, No. 3:17-cv-07357 (N.D. Cal. June 9, 2020). “The ban on openly carrying an unloaded handgun itself has numerous subparts, see 4 Cal. Penal Code § 26350 , and could easily generate many law review articles interpreting it.”
Cal. Penal Code § 26350(a)(1): 1 case
Nichols v. Harris, 17 F. Supp. 3d 989 (C.D. Cal. 2014). “at 28) (citing Cal.Penal Code §§ 26350 & 26400). Finally, Plaintiff challenges California’s firearm licensing regime to the extent that it infringes on the right to open carry.”
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