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

Being arrested or charged under California Penal Code 26350 PC for openly carrying an unloaded handgun is a serious legal issue that can result in jail time, steep fines, and a permanent criminal record.

Many individuals mistakenly assume that openly displaying a firearm is legal as long as it is completely unloaded. In California, however, openly carrying an unloaded handgun in public streets, incorporated cities, or prohibited public areas is strictly illegal under state law.

Charges under PC 26350 often stem from routine police encounters, traffic stops, political demonstrations, or open-carry activism. Because California law enforces strict gun control regulations, law enforcement officers and prosecutors move quickly to charge individuals who publicly display handguns.

If you or a loved one is facing charges under Penal Code 26350, understanding the statutory elements, potential penalties, and available legal defenses is critical to protecting your record and constitutional rights.

What Is the Legal Definition of PC 26350?

California Penal Code 26350 PC makes it a crime to openly carry an unloaded handgun on your person or inside a vehicle while in a public place, on a public street in an incorporated city, or within a prohibited area of an unincorporated county.

Statutory Text (PC 26350):

"A person is guilty of carrying an unloaded handgun on the person or in a vehicle when the person carries upon his or her person or within any vehicle an unloaded handgun, and the carry is exposed and open, while in a public place or on a public street..."

Where Is Open Carry Prohibited Under PC 26350?

The open carry of an unloaded firearm is illegal across most public areas in California, including:

Incorporated Cities: Any public street, sidewalk, or public space within city limits.
Prohibited Unincorporated Areas: Unincorporated county land where firing weapons is legally prohibited by local ordinance.
Vehicles: Keeping an exposed, unloaded handgun visible on a car seat, dashboard, or console in a public location.
Public Buildings & Grounds: Government facilities, public parks, shopping centers, parking lots open to the public, and public transit areas.

What Must Prosecutors Prove for a PC 26350 Conviction?

To secure a conviction under PC 26350 PC, the prosecution must prove four key elements beyond a reasonable doubt:

You carried a handgun on your person or inside a motor vehicle.
The handgun was unloaded.
You carried the handgun in an openly visible manner (exposed to public view).
You knew you were carrying the firearm while in a public place, on a public street, or in a prohibited zone.

What Are Common Examples of Open Carry PC 26350 Violations?

Understanding how PC 26350 is applied in real-world scenarios helps clarify how everyday actions can lead to criminal charges:

Holstered Handgun in Public: A person walks down a sidewalk in downtown Los Angeles wearing an unloaded handgun in a visible belt holster.
Exposed Firearm in a Vehicle: A driver leaves an unloaded handgun exposed on the front passenger seat while parked in a commercial shopping center parking lot.
Public Demonstrations & Protests: An individual openly displays an unloaded handgun on a sling or holster during a political rally or public protest.
Public Parks and Recreation Areas: Carrying an exposed, unloaded pistol while walking through a municipal park or city trail.

What Are the Penalties for a PC 26350 Violation?

In California, openly carrying an unloaded handgun under Penal Code 26350 PC is generally charged as a misdemeanor. However, the statutory penalties can escalate significantly if aggravating factors are present.

Misdemeanor Penalty Comparison Table

Offense Classification	Custody / Jail Time	Maximum Fines & Probation Terms
Standard Misdemeanor Violation	Up to 1 year in county jail	Up to $1,000 fine; Summary (informal) probation
Multiple Handguns / Aggravating Circumstances	Up to 1 year in county jail per count	Up to $1,000 fine per count; Summary probation & enhanced terms

What Circumstances Make PC 26350 Charges More Severe?

While open carry of an unloaded firearm is typically a misdemeanor, associated circumstances can trigger separate, severe felony charges:

Prohibited Person Status: If you are legally barred from owning weapons due to a prior felony or domestic violence conviction (under PC 29800), you face severe felony charges.
Loaded Firearm Discovery: If officers determine the firearm or attached magazine contained live ammunition, charges escalate to PC 25850 (Carrying a Loaded Firearm).
Gun-Free School Zones: Openly carrying a weapon within 1,000 feet of a school zone violates PC 626.9 (Gun-Free School Zone Act), leading to mandatory jail sentences.
Unregistered Firearms: Carrying an unregistered handgun in public can increase judicial scrutiny and aggravate sentencing outcomes.

How Can You Defend Against PC 26350 Charges?

A charge under Penal Code 26350 PC does not mean an automatic conviction. An experienced criminal defense lawyer can assert several valid statutory defenses:

Legal Statutory Exemptions: California law provides specific exemptions allowing certain individuals to carry unloaded firearms openly, including:
- Sworn peace officers and active law enforcement.
- Licensed private investigators and security personnel acting within their duties.
- Licensed hunters while actively engaged in hunting or traveling to/from hunting trips.
- Military personnel performing official duties.
- Individuals lawfully engaged in target practice at a shooting range or traveling directly to/from a range with a locked container.
Firearm Was Not Openly Visible (Concealed): If the firearm was completely hidden from view, you cannot be convicted of open carry under PC 26350 (though prosecutors might allege concealed carry under PC 25400).
Lawful Location: The open carry occurred in a permissible rural, unincorporated area where discharging firearms is legally authorized.
Unlawful Search and Seizure (Fourth Amendment Violation): If law enforcement officers stopped, searched, or detained you without reasonable suspicion or probable cause, your attorney can file a Motion to Suppress Evidence under PC 1538.5. If granted, the state's evidence is excluded, often resulting in full case dismissal.

What Related California Firearm Offenses Are Often Charged?

When investigating open carry allegations, law enforcement officers frequently file PC 26350 alongside or in place of related weapon offenses:

California Statute	Offense Name	Key Distinction vs. PC 26350
Penal Code 25850 PC	Carrying a Loaded Firearm in Public	Prohibits carrying a loaded firearm on your person or in a vehicle in public places.
Penal Code 25400 PC	Carrying a Concealed Firearm	Criminalizes carrying a concealed handgun on your person or in a vehicle without a valid CCW permit.
Penal Code 626.9 PC	Gun-Free School Zone Act	Makes it illegal to possess or carry a firearm within 1,000 feet of school grounds.
Penal Code 29800 PC	Felon in Possession of a Firearm	Prohibits convicted felons and specific misdemeanants from owning or possessing any firearm.
Penal Code 417 PC	Brandishing a Firearm	Prohibits displaying or drawing a weapon in a rude, angry, or threatening manner.

Frequently Asked Questions (FAQs)

Is open carry legal anywhere in California?

Open carry of handguns is generally illegal in almost all incorporated cities and prohibited public spaces across California. Limited exceptions exist in specific rural, unincorporated areas where local ordinances allow firearm discharge or for individuals with valid statutory exemptions.

Can I openly carry an unloaded gun inside my car?

No. Leaving an unloaded handgun exposed or visible inside a motor vehicle while on a public street, highway, or public parking lot violates California Penal Code 26350 PC. Handguns in vehicles must generally be unloaded and locked in a secure container or trunk.

Is PC 26350 a misdemeanor or a felony?

Openly carrying an unloaded handgun under PC 26350 PC is a misdemeanor offense punishable by up to one year in county jail and fines up to $1,000 per count.

What are the immigration consequences of a PC 26350 conviction?

Firearm convictions can carry severe immigration risks for non-citizens, including potential deportability, inadmissibility, or denial of naturalization under federal immigration law.

Are there legal exemptions for carrying an unloaded handgun to a shooting range?

Yes. You can transport an unloaded handgun to and from a target range, gun shop, or hunting location, provided you keep the firearm in a secure, locked container (not the glove box or utility console) during transit.

Can PC 26350 charges be dismissed?

Yes. Your attorney can drop or dismiss charges if you qualify for a statutory exemption, show police conducted an illegal stop or search, or demonstrate the prosecution lacks sufficient evidence of open exposure.

How Our Law Firm Can Help You

Facing criminal charges under California Penal Code 26350 PC can be alarming, but you do not have to fight the court system alone.

At Eisner Gorin LLP, our Los Angeles criminal defense attorneys bring decades of courtroom experience and deep knowledge of California firearm laws to build aggressive, successful defense strategies.

When you retain our firm, our legal defense team will immediately take action:

Examine Law Enforcement Conduct: We thoroughly evaluate police reports, dash-cam footage, and body-cam recordings to determine if officers violated your Fourth Amendment rights during the stop or arrest.
Establish Statutory Exemptions: We verify whether your activities fell under legal protections, such as target shooting transport, security employment, or authorized hunting activities.
File Pre-Trial Suppression Motions: If police conducted an unlawful search or illegal detention, we file aggressive Motions to Suppress Evidence under PC 1538.5 to challenge the admissibility of the prosecution's evidence.
Negotiate for Charge Reductions or Dismissals: We leverage legal weaknesses in the state's case to negotiate directly with prosecutors for reduced charges, diversion programs, or full case dismissals.

Protect your record, your rights, and your future. Contact Eisner Gorin LLP today at (818) 781-1570 or use our online contact form to schedule an immediate consultation with an experienced defense attorney.

Open Carry Firearm