Open Carry

RC Phillips, DDA (Ret.)
October, 2021

P.C. § 26350. Crime of openly carrying an unloaded handgun; Application

(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.

P.C. § 26361:  Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any peace officer or any honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.