California Open Carry Ban: Exceptions, SB 2, and Baird v. Bonta

California open carry laws prohibit carrying a firearm openly in nearly every public setting, whether the gun is loaded or unloaded and whether it is a handgun or a long gun. Separate statutes cover each combination, with penalties running from a standard misdemeanor to a felony. In January 2026, the Ninth Circuit ruled in Baird v. Bonta that the state’s open carry ban in urban counties violates the Second Amendment, but the California Department of Justice has directed law enforcement to keep enforcing the existing restrictions until a further court order changes the law on the ground.¹ Every prohibition described below is still enforceable today.

Carrying a Loaded Firearm in Public

Penal Code 25850 makes it illegal to carry a loaded firearm on your person or inside a vehicle in any public place or public street within an incorporated city, or in prohibited areas of unincorporated territory.² This is the most serious of California’s open carry prohibitions.

A firearm counts as loaded when an unexpended cartridge or shell is inside or attached to it in any way, including in the firing chamber, a magazine, or a clip connected to the weapon. Muzzle-loaders count as loaded when capped or primed with a powder charge and projectile in the barrel.³ That is a broader definition than many people assume; an attached but unfired magazine is enough.

The base offense is a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. Penalties escalate to a felony — with potential state prison time — when any of several aggravators apply: a prior felony conviction or conviction under Penal Code 16580, knowledge that the firearm was stolen, active participation in a criminal street gang, or status as a person otherwise prohibited from possessing firearms. Two more scenarios are wobblers that prosecutors can file as a misdemeanor or a felony: carrying a handgun you are not the registered owner of, and carrying with a prior conviction for a crime against a person or a drug offense.²

Carrying an Unloaded Handgun

Taking the ammunition out does not fix the problem. Penal Code 26350 prohibits carrying an exposed and unloaded handgun on your person or inside a vehicle in any public place within an incorporated city, on any public street in an unincorporated prohibited area, or in any public place in those areas.⁴

A base violation is a misdemeanor carrying up to six months in county jail and a fine up to $1,000. If you are also carrying compatible ammunition and are not the lawful owner of the handgun, the maximum jail term rises to one year.⁴ Each handgun carried in violation counts as a separate offense.

Carrying an Unloaded Long Gun

Rifles and shotguns have their own statute. Penal Code 26400 makes it illegal to carry an unloaded long gun on your person outside a vehicle in an incorporated city or in a prohibited area of unincorporated territory.⁵ The provision is narrower than the handgun ban: it reaches firearms carried on your person outside a vehicle rather than inside one.

The base penalty is a misdemeanor. If you are also carrying compatible ammunition and lack lawful possession of the firearm, the charge escalates to up to one year in county jail and a $1,000 fine.⁶ A statutory exemption allows transport of an unloaded long gun directly between lawful locations when the firearm is in a locked container or a case.⁷

The Narrow Exceptions

Immediate Danger

Under Penal Code 26045, you may carry a loaded firearm if you reasonably believe a person or their property is in immediate, grave danger and that carrying the weapon is necessary to protect them.⁸ The statute defines “immediate” as the brief window before and after you have contacted local law enforcement, when reasonably possible, and before officers arrive. This is not a self-defense carry permit. Carrying a loaded gun for days because you feel generally unsafe falls outside the exception.

A separate provision covers people who hold a current restraining order against someone a court has found to pose a threat to their life or safety. Mutual restraining orders do not trigger this exception unless the court made a specific finding of danger to you individually.⁸

Loaded Open Carry Licenses in Small Counties

In counties with populations under 200,000, the sheriff or a city’s chief of police may issue a license that allows carrying a loaded, exposed handgun. The license is valid only within the issuing county, and nonresident applicants are not eligible.⁹ Roughly 95% of Californians live in counties over that threshold, so the exception is geographically narrow.

Hunters

Licensed hunters are exempt from the loaded carry prohibition while actively hunting in areas where hunting is lawful, and while practicing at target ranges. A separate provision, Penal Code 25640, exempts hunters from the concealed carry ban while hunting or traveling, but during transport firearms must be unloaded and in a locked container.¹⁰ You can carry loaded while actually hunting; the gun goes in a locked container for the drive home.

Peace Officers, Military, and CCW Holders

Active and honorably retired peace officers listed in specified Penal Code sections are exempt from the loaded carry prohibition under Penal Code 25900.¹¹ Military and National Guard personnel are generally exempt while performing official duties, but off-duty personal carry follows the civilian rules.¹²

A California concealed carry permit exempts you from the loaded carry prohibition for a concealed handgun, but it does not authorize open carry. The moment the firearm becomes visible, the open carry statutes apply the same way they apply to everyone else, and the DOJ confirmed in January 2026 that this remains true for CCW holders.¹

Places Where Firearms Are Banned Outright

Even if an exception would otherwise let you carry, certain locations impose absolute prohibitions.

School Zones

The Gun-Free School Zone Act, Penal Code 626.9, makes it illegal to possess any firearm within 1,000 feet of a public or private school serving students from kindergarten through twelfth grade. Possession on school grounds is a felony punishable by two, three, or five years in state prison. Possession within the 1,000-foot buffer carries up to five years and can be charged as a misdemeanor or a felony depending on the circumstances. A separate provision covers college and university campuses, where a loaded firearm without written permission from the institution can bring two to four years in prison.¹³

Government Buildings

Penal Code 171b makes it a crime to bring a firearm into a state or local public building or a meeting legally required to be open to the public. The offense is a wobbler.¹⁴ Federal buildings have their own separate ban under 18 U.S.C. § 930.¹⁵

Public Transit

Penal Code 171.7 prohibits knowingly possessing a firearm in any public transit facility, including buses, trains, light rail, subways, streetcars, stations, and any land or building controlled by a publicly funded transit authority.¹⁶

Sensitive Places Under SB 2

Senate Bill 2, signed in 2023, created a long list of sensitive places where concealed carry permit holders cannot carry. As of early 2025, the Ninth Circuit allowed enforcement in nine categories: bars and restaurants serving alcohol, playgrounds and youth centers, parks and athletic facilities, most state parks and wildlife areas, casinos, stadiums and arenas, public libraries, amusement parks, and zoos and museums. Connected parking areas are also covered. Six other categories — including hospitals, places of worship, financial institutions, permitted public gatherings, and the default ban on carry at private commercial properties — remain blocked by a preliminary injunction and cannot currently be enforced.¹⁷ This area of law is changing quickly, and CCW holders should check the latest DOJ bulletins before relying on any carry location.

How to Legally Transport a Firearm

Because open carry is effectively off the table, most Californians run into these rules when driving a gun to a range, a gunsmith, or a new home. For handguns, the firearm must be unloaded and locked in the vehicle’s trunk or in a locked container. A locked container means a fully enclosed, hard-sided container secured with a padlock, key lock, or combination lock. A glove compartment or utility compartment does not qualify, even if it locks.¹⁸

When you move a handgun between your vehicle and a building for a lawful purpose, the gun must stay inside the locked container during the walk. You must be a U.S. citizen or lawful resident, at least 18, and not otherwise prohibited from possessing firearms.¹⁸ Skipping these steps turns a routine drive into an open carry violation.

Consequences Beyond the Sentence

A conviction under any of the open carry statutes creates problems that outlast the jail time or fine. A felony conviction triggers a lifetime ban on possessing firearms under both California and federal law. Even some misdemeanors have downstream consequences: a misdemeanor conviction for a crime of domestic violence permanently bars you from owning or possessing any firearm or ammunition under federal law.¹⁹ A firearms conviction can also affect professional licensing, immigration status, and eligibility for security clearances, and anyone who already owns firearms will have to surrender them after a felony.

What Baird v. Bonta Changes — and Doesn’t

In Baird v. Bonta, decided January 2, 2026, the Ninth Circuit held that California’s ban on open carry in counties with populations over 200,000 violates the Second Amendment under the Supreme Court’s framework in New York State Rifle & Pistol Association v. Bruen. Because those large counties contain the vast majority of the state’s residents, the ruling could reshape open carry law across California if it takes final effect.

For now, nothing has changed on the ground. The California DOJ has directed law enforcement and prosecutors to continue enforcing every existing open carry restriction until the court issues a further order.¹ Carrying a firearm openly today in reliance on the ruling is a serious legal risk. Until the statutes are formally struck down or amended, every prohibition described above is still on the books and still being enforced.

1
California Department of Justice. California’s Firearm Open Carry Laws Currently Remain in Effect
2
California Legislative Information. California Code PEN 25850 – Carrying a Loaded Firearm
3
California Legislative Information. California Code PEN 16840 – Loaded
4
California Legislative Information. California Code PEN 26350 – Crime of Openly Carrying an Unloaded Handgun
5
California Legislative Information. California Penal Code 26400 – Carrying an Unloaded Firearm That Is Not a Handgun
6
California Legislative Information. California Code PEN 26400 – Crime of Carrying an Unloaded Firearm That Is Not a Handgun
7
California Legislative Information. California Code PEN 26405 – Exemptions
8
California Legislative Information. California Code PEN 26045 – Immediate Danger Exception
9
California Department of Justice. Guidance to CCW Licensing Authorities for Nonresident Applicants
10
California Legislative Information. California Penal Code 25640 – Other Exemptions
11
California Legislative Information. California Code PEN 25900 – Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public
12
State of California – Department of Justice – Office of the Attorney General. State Exemptions for Authorized Peace Officers
13
California Legislative Information. California Code PEN 626.9 – Gun-Free School Zone Act of 1995
14
California Legislative Information. California Penal Code 171b – Other Offenses Against Public Justice
15
Department of Homeland Security. FAQ for Prohibited Weapons at Federal Facilities
16
California Legislative Information. California Code PEN 171.7 – Possession of Firearm or Weapon in Public Transit Facility
17
California Department of Justice. Additional Restrictions on CCW License Holders
18
State of California – Department of Justice – Office of the Attorney General. Transporting Firearms in California
19
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts