Yes, you can carry a gun while fishing in California, but only within a narrow exemption that most people misread. Penal Code 25640 lets a licensed fisherman carry a concealable handgun while actively engaged in fishing, and transport it unloaded to and from the trip. That’s the whole shield. It doesn’t legalize loaded carry where loaded carry is otherwise banned, it doesn’t legalize open carry, and it doesn’t override the rules that govern most of the places people actually fish.
What Penal Code 25640 Exempts and What It Doesn’t
The statute says Section 25400 — California’s general ban on carrying a concealed firearm — “does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.”1California Legislative Information. California Penal Code PEN 25640
Read it closely. The exemption is from PC 25400 and nothing else. It does not touch PC 25850, which prohibits carrying a loaded firearm in a public place or vehicle. It does not touch PC 26350, which prohibits openly carrying an unloaded handgun. So the practical picture is this: you may have a concealed handgun on your person while fishing without a CCW permit, but whether that handgun can be loaded depends entirely on whether a separate statute or regulation bans loaded carry at that spot.
The transport piece has its own condition. The handgun must be unloaded while you’re traveling to or from the fishing trip. Stop for lunch on the way to the lake with a loaded pistol in your waistband and you’re outside the exemption on two counts: you aren’t engaged in fishing, and the firearm isn’t unloaded for transit.
You Need a Valid Fishing License First
The exemption applies to “licensed” fishermen, so a current California sport fishing license is the entry ticket. Anyone 16 or older needs a license to fish California’s inland or ocean waters. In 2026, a resident annual license costs $64.54, a one-day license runs $21.09, and a two-day license is $32.40. Nonresidents pay $174.14 annually. Licenses are available through the California Department of Fish and Wildlife at wildlife.ca.gov or from authorized retail agents.
Without that license, PC 25640 doesn’t apply to you at all. Carrying a concealed handgun at a fishing spot without one puts you under the full weight of PC 25400, the same charge anyone else carrying concealed without authority would face. You can’t buy the license after the fact and claim coverage.
Where You Can and Cannot Carry
Even with the license and a legal handgun, location decides whether the exemption is worth anything. Many of California’s most popular fishing spots sit on land where firearms are restricted regardless of what PC 25640 says.
State Parks and Fish and Wildlife Lands
California Code of Regulations, Title 14, Section 4313 prohibits possessing or carrying any firearm in state park units unless specifically authorized.2Cornell Law Institute. Cal. Code Regs. Tit. 14, 4313 – Weapons and Traps The narrow exception is for hunting in designated areas, not fishing. You can store an unloaded firearm in a locked container inside your vehicle or temporary lodging, but carrying it on your person while fishing a state park shoreline is a violation.
Senate Bill 2, effective in 2024, layered on more restrictions by designating many places as “sensitive” where even CCW permit holders cannot bring firearms. Parks, state parks, and property controlled by the Department of Parks and Recreation or the Department of Fish and Wildlife are all on the list. A Ninth Circuit panel partially upheld these restrictions in late 2024, and as of early 2026 the bans on carry in parks, athletic areas, and DFW-controlled lands remain in effect while litigation continues. Many prime fishing waters sit on DFW land, so this is the single biggest practical limit on carrying while fishing in California.
National Parks
Federal regulation at 36 C.F.R. 2.4 says firearm possession in a national park is governed by the law of the state where the park sits, provided the person isn’t otherwise prohibited.3eCFR. 36 CFR 2.4 – Weapons, Traps and Nets In other words, California’s rules follow you into Yosemite or Point Reyes. If the state wouldn’t let you carry in that setting, the federal rule doesn’t rescue you. Discharging a firearm in a national park remains prohibited except in very narrow situations like self-defense against an imminent threat.
BLM and Other Federal Lands
Bureau of Land Management land works differently. On general BLM public land, state and local firearms laws apply, so the PC 25640 exemption can function if you’re on undeveloped BLM land in a rural county. Developed recreation sites managed by BLM prohibit discharging firearms unless otherwise authorized.4eCFR. Subpart 8365 – Rules of Conduct A remote stretch of river is treated differently from a BLM campground with a fishing dock.
Local Ordinances and School Zones
Cities and counties can add their own firearm restrictions on top of state law. Some coastal cities prohibit firearms on piers, beaches, and waterfront promenades. Municipal fishing spots along urban rivers or harbors may fall inside zones that ban firearm possession outright. Violating a local ordinance can mean a citation or misdemeanor charge even when state law would allow carry. Call the city clerk or the police department’s non-emergency line before you fish an urban or suburban spot.
Watch for school zones too. California’s Gun-Free School Zone Act makes it a crime to possess a firearm within 1,000 feet of a school, and urban creeks, community ponds, and park lakes can sit well inside that radius. A first offense can be charged as a misdemeanor or felony depending on circumstances, and repeat offenders face mandatory minimum jail terms of at least three months as a condition of any probation or suspended sentence.5California Legislative Information. California Penal Code PEN 626.9
Transporting the Handgun to and From the Water
PC 25640 permits transporting a handgun unloaded when traveling to or from a fishing expedition.1California Legislative Information. California Penal Code PEN 25640 The firearm must be unloaded and stored in a locked container, meaning a fully enclosed case secured with a padlock, key lock, or combination lock. The trunk of your vehicle qualifies. The glove compartment does not, and neither does a center console or an unlocked bag.
When you arrive and start fishing, the concealed-carry exemption kicks in. When you stop fishing to head home, it ends. Unload and lock the firearm before you start the car.
Who Cannot Carry at All
PC 25640 does not override federal law. Under 18 U.S.C. § 922(g), certain people are prohibited from possessing any firearm or ammunition anywhere in the United States regardless of state exemptions. The categories include anyone convicted of a felony (any crime punishable by more than one year in prison), subject to a domestic violence restraining order, convicted of misdemeanor domestic violence, adjudicated as mentally defective or committed to a mental institution, an unlawful user of controlled substances, a fugitive from justice, or dishonorably discharged from the military.
Carrying a firearm while fishing in any of those situations is a federal offense carrying up to 10 years in prison, and the state fishing exemption is irrelevant.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons California maintains its own prohibited persons list under PC 29800–29900, which overlaps the federal list heavily. Resolve any doubt before you pick up a firearm.
Penalties for Getting It Wrong
Charges can stack when more than one rule is broken on the same trip. The most common fishing-scenario charge is PC 25850, carrying a loaded firearm in a public place or vehicle. A basic violation is a misdemeanor punishable by up to one year in county jail and a fine up to $1,000. It becomes a felony if you have a prior felony conviction, the firearm is stolen and you knew or should have known, you’re an active gang participant, or you’re a prohibited person.7California Legislative Information. California Penal Code PEN 25850
If you’re carrying concealed without the fishing exemption or a CCW, PC 25400 applies. A first offense without aggravating factors is a misdemeanor; the same aggravating factors that elevate PC 25850 — prior felony, stolen firearm, gang activity, prohibited person status — make it a felony.8California Legislative Information. California Penal Code PEN 25400 Felony convictions under either statute carry potential state prison time.
A state park firearm violation under Title 14, Section 4313 is a separate offense from any Penal Code charge.2Cornell Law Institute. Cal. Code Regs. Tit. 14, 4313 – Weapons and Traps A ranger can cite you under the regulation while an additional Penal Code charge is filed if loaded-carry or concealed-carry statutes were also violated. Two charges from one fishing trip is not unusual when state park boundaries are involved.
Does a CCW Permit Help?
A concealed carry weapon permit issued under PC 26150 gives broader authority than PC 25640.9California Legislative Information. California Penal Code PEN 26150 With a CCW, you can legally carry a concealed handgun during travel, errands, and stops along the way, not just while actively fishing. After the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, California can no longer require applicants to show “good cause.” The current process requires that you not be a disqualified person and that you complete a firearms training course. Applications go through your county sheriff or city police chief.
SB 2’s “sensitive places” restrictions apply to CCW holders too. Even with a valid permit, you currently cannot carry in parks, state parks, casinos, stadiums, bars, restaurants serving alcohol, playgrounds, libraries, zoos, museums, or DFW property. Because so many prime fishing spots sit on DFW land or inside state parks, a CCW alone won’t necessarily let you carry at those locations. The SB 2 litigation is ongoing and the final shape of these restrictions could change.
Before You Go
Three checks keep you on the right side of the law. Confirm your sport fishing license is current. Confirm you are not a prohibited person under state or federal law. Confirm the specific spot you plan to fish allows firearms, because that single question is where most trouble starts. Undeveloped BLM land in a rural county is the strongest ground for the fishing exemption. State parks, DFW reservoirs, and urban waterfronts are the weakest. If you can’t tell whether a lake or shoreline sits inside a restricted zone, call the managing agency before you drive out.