California Penal Code 26350 PC: Openly Carrying an Unloaded Firearm in Public

What Is California Penal Code 26350?

California Penal Code 26350 makes it illegal to openly carry an unloaded handgun in public or inside a vehicle in a public place or on a public street in an incorporated city or in a prohibited area of an unincorporated county.

California Penal Code 26350 PC: Openly Carrying an Unloaded Firearm in Public

Many people assume carrying an unloaded firearm is legal if the weapon is visible. In California, that assumption can lead to criminal charges.

A person may be arrested under PC 26350 for:

Wearing an unloaded handgun in a holster in public
Carrying an unloaded firearm while walking in a city
Keeping an unloaded handgun visible inside a vehicle
Openly carrying an unloaded firearm in prohibited public areas
Displaying an unloaded firearm during protests or public events

This law is often charged alongside other firearm offenses depending on the circumstances.

Eisner Gorin LLP is ready to assist you! Feel free to schedule your consultation by calling us at (818) 781-1570 or simply fill out our contact form. We're here to help.

What Must Prosecutors Prove Under PC 26350?

To convict someone under Penal Code 26350, prosecutors generally must prove:

You openly carried a handgun
The handgun was unloaded
You knew you were carrying the firearm
You were in:
- A public place
- A public street
- An incorporated city
- Or a prohibited area of an unincorporated county

The law typically applies to handguns, including pistols and revolvers.

Where Is Open Carry Illegal in California?

Open carrying an unloaded handgun may be illegal in:

Public streets
Sidewalks
Parks
Shopping centers
Parking lots open to the public
Public transportation areas
Government buildings
Incorporated cities

Some unincorporated areas may also prohibit open carry depending on local firearm discharge rules.

Penalties for Violating California Penal Code 26350

This offense is usually charged as a misdemeanor.

Potential penalties include:

Up to 1 year in county jail
A fine of up to $1,000
Misdemeanor probation
Loss of firearm rights in certain cases

Additional penalties may apply if aggravating factors exist.

When PC 26350 Becomes More Serious

Charges may become more severe if:

You are prohibited from possessing firearms
The firearm was loaded
The firearm was not legally registered when required
You carried the weapon near schools or government buildings
Another crime was allegedly committed

These situations may lead to additional felony charges.

Common Examples of Penal Code 26350 Violations

Example 1: Visible Holstered Handgun

A person walks through downtown Los Angeles with an unloaded handgun in a visible holster.

Possible charge:
Illegal open carry.

Example 2: Firearm in Vehicle Seat

A driver leaves an unloaded handgun visible on a passenger seat while parked at a shopping center.

Possible charge:
Openly carrying an unloaded firearm in a vehicle.

Example 3: Political Demonstration

Someone openly carries an unloaded handgun during a protest.

Possible charge:
Violation of PC 26350.

Example 4: Public Park Incident

A person openly carries an unloaded handgun in a city park.

Possible charge:
Misdemeanor firearm offense.

Legal Defenses to PC 26350 Charges

Several defenses may apply.

You Were in a Legal Area

Certain rural or lawful areas may permit firearm possession.

You Qualified for a Legal Exemption

Exemptions may apply to:

Peace officers
Licensed hunters
Security professionals
Military personnel
Individuals lawfully engaged in target practice

The Firearm Was Not Openly Visible

If the gun was concealed rather than openly visible, prosecutors may have charged the wrong offense.

Illegal Search and Seizure

Police may have violated your constitutional rights.

Related law:

Penal Code 1538.5

Allows defendants to challenge unlawful searches and suppress evidence.

Related California Laws

Penal Code 25850 — Carrying a Loaded Firearm in Public

Makes it illegal to carry a loaded firearm in public.

California Penal Code 626.9, commonly known as the Gun-Free School Zone Act of 1995, makes it illegal to possess, bring, or discharge a firearm on or near school grounds under certain circumstances.

Penal Code 25400 — Carrying a Concealed Firearm

Prohibits concealed firearm possession without authorization.

Penal Code 626.9 — Gun-Free School Zone Act

Prohibits firearms near schools.

Penal Code 29800 — Felon in Possession of a Firearm

Prohibits firearm possession by convicted felons.

Penal Code 417 — Brandishing a Firearm

Makes it illegal to display a weapon in a threatening manner.

Immigration Consequences

Non-citizens may face:

Deportation risks
Visa complications
Naturalization issues

Immigration consequences should be evaluated carefully.

Can Charges Be Dismissed?

Charges may be reduced or dismissed when:

Police made an unlawful stop
The firearm was lawfully possessed
Prosecutors lack sufficient evidence
A legal exemption applies

What To Do After an Arrest

If arrested under Penal Code 26350:

Remain silent
Do not answer police questions
Do not consent to searches
Contact a criminal defense attorney immediately

Frequently Asked Questions

Is open carry legal in California?

Generally no, especially in cities and public places.

Can I openly carry an unloaded gun in my car?

In many situations, no.

Is this offense a felony?

Usually no, but related charges can increase penalties.

Are there exemptions?

Yes, limited exemptions may apply.

Can charges be dismissed?

Yes, depending on the facts and defenses available.

Why Hiring a Defense Lawyer Matters

Firearm laws in California are highly technical and frequently misunderstood. A simple mistake can lead to criminal charges and long-term firearm restrictions.

An experienced criminal defense attorney may help by:

Challenging police conduct
Identifying exemptions
Negotiating reduced charges
Fighting firearm-related allegations

If you are facing charges under California Penal Code 26350, obtaining early legal help can greatly increase your chances of avoiding severe penalties. Eisner Gorin LLP is ready to assist you.

Schedule a consultation today. Our law firm is located in Los Angeles.

Open Carry Firearm