The Second Amendment of the United States Constitution states that it is the right of Americans to keep and bear arms to protect themselves and the country. However, that doesn't mean people can walk on the street holding a shotgun, at least in some states.
California law is strict as to where and when people can carry firearms. Moreover, open carry is illegal in the state. That means people aren't allowed to carry firearms visibly in public.
Many people wonder why open carry is illegal in California, as it's legal in other states such as Alabama, Delaware, or Georgia.
This page has the answer to that question. Readers will also learn more about California gun laws, which will help them stay away from trouble.
Anyone with other law-related questions or concerns can contact Goss Law whenever they want. Attorney Blair Goss is ready to answer questions or take on cases.
The only thing people need to do to hire this law firm is to schedule a free consultation.
Is It Legal to Carry a Concealed Firearm in California?
Concealed carry in California requires a CCW license issued by a sheriff or police chief. Carrying a concealed firearm without a license is a crime under PC 25400.
The only places where Californians can openly carry loaded or unloaded handguns are at home, in their business, or on any private property they own. If they are on another person's private property and the owner allows them to carry loaded firearms, they can do it.
Separately, a person generally needs a Firearm Safety Certificate to buy a gun in California.
The prohibition to open carry applies to both short and long guns. This is different from other states that allow the open carry of an exposed handgun, as long as the gun owner doesn't have any long firearm on them.
Regardless of that, owning guns is still an American right, which means there are a few exceptions to California open carry laws. These exceptions are similar to the ones in other states where open carry is illegal.
Why Is Open Carry Illegal?
Although there are no official statements by the U.S. government as to why California law prohibits open carry, there could be many reasons for that.
Open carry is a dangerous policy for many people. Even if they have a safety certificate, people never know how truly dangerous someone can be.
Anyone openly carrying short or long guns can shoot people on the street, either by mistake or design. Hence, it's understandable the California government prioritizes its citizens' safety over other things.
Whether people agree with the laws or not, they still need to follow them if they don't want to get in trouble with the law. Goss Law can answer questions like, "What is legal to carry for self defense in California?"
What About Unloaded Handguns?
The prohibition to open carry in California also applies to unloaded firearms, so people can't carry any firearms on the street, even if it's an unloaded handgun.
Criminals often use firearms - loaded or not - to intimidate civilians, so they are dangerous for other people, too.
Therefore, carrying an exposed and unloaded handgun is also a crime in California, and it could make gun owners face county jail time or pay a $1,000 fine.
Are There Any Exceptions Under California Law?
As it happens to most laws, there are some exceptions to the concealed carry prohibition in California.
While openly carrying an unloaded handgun is generally illegal, a handgun can usually be transported unloaded in a locked container (PC 25610).
It's worth noting that Carry Concealed Weapon (CCW) licenses are issued in every California county and are valid statewide. In counties with fewer than 200,000 people, the sheriff may also issue a license to carry a loaded and exposed handgun, valid only in that county.
According to California's gun laws, there are narrow exceptions, each with its own limits. Examples include peace officers (PC 26030), hunting (PC 26040), and a person who reasonably believes they are in immediate, grave danger (PC 26045).
There is also an exception for hunting and gun clubs.
What Happens If a Police Officer Catches Someone with an Unloaded Handgun?
Carrying loaded or unloaded firearms is a misdemeanor punishable in the California Penal Code, so police officers can and will act accordingly when they catch anyone with a visible gun in public.
Law enforcement officers are entitled to check the gun, ask for the gun store where the person bought it, and other details about it.
Even if it's just a misdemeanor in the California Penal Code, being guilty of this crime can send people to jail for up to a year, so it's not something people can get away with as if it were nothing.
A California CCW license allows concealed carry statewide, under the terms of the license. California does not recognize carry permits from other states.
Bottom Line
Federal law allows all Americans to keep and bear arms to protect themselves and their families, but that doesn't give people the right to go out of their houses and shoot anyone they want.
Owning guns is a huge responsibility, and not knowing how to control them can lead to several accidents. Everyone should know what gun laws are in their state to stay away from trouble.
California law generally bans openly carrying a loaded firearm (PC 25850) or an unloaded handgun (PC 26350) in public, with some exceptions. This ban is being challenged in court, so the rules may change.
Anyone who, for example, wants to go to the shooting range with their own gun needs to put it in a locked container where others can't see it.
If anyone has any questions about the open carry laws in California or any other state, they can call Goss Law. Attorney Blair Goss is happy to help people follow the state law. A Sacramento gun crime attorney can help navigate the system.
Call to schedule a free case evaluation as soon as possible.
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This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.