What is Penal Code § 25850 - California's
Open Carry Law?
Penal Code § 25850 is the California open carry law that prohibits carrying a loaded firearm on your person or in a vehicle while in any public place or on any public street in an incorporated city (or in prohibited areas of unincorporated territory).
Violations are generally charged as a misdemeanor (up to 1 year in county jail and/or a $1,000 fine), but can be filed as a felony with prior convictions or other aggravating factors. Certain exemptions apply, such as for individuals with a valid concealed carry weapons (CCW) permit or specific law enforcement and military personnel.
The Statutory Definition of "Loaded" — § 16840(b)
Because § 25850 does not itself define "loaded," California law directs courts and law enforcement to Penal Code § 16840(b) for that definition.
Under Penal Code § 16840(b)(1), as applied to § 25850, "a firearm shall be deemed to be 'loaded' when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm." Penal Code § 16840 This is a broad physical-attachment test: it is not limited to ammunition already in the firing chamber — ammunition in a magazine or clip that is attached to the firearm equally renders the weapon "loaded."
For muzzle-loader firearms, Penal Code § 16840(b)(2) provides a distinct rule: such a firearm "shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder."
Can you open carry in California if you have a license?
The short answer is: generally, no. Even with a standard Concealed Carry Weapon (CCW) license, you cannot "open carry" (carry a visible firearm) in most parts of California.
The legal landscape is currently in flux due to recent court rulings, but here is the breakdown of how the law stands as of April 2026.
1. The Standard CCW License
A standard California CCW license is specifically for concealed carry.
The Restriction: California Penal Code remains strict regarding the visibility of a firearm. If you have a CCW, the weapon must remain concealed. Purposely carrying it openly can lead to the revocation of your permit and potential criminal charges for "open carry" violations under PC 26350 (unloaded) or PC 25850 (loaded).
The "Printing" Exception: While briefly exposing a firearm or "printing" (the outline showing through clothes) isn't always a crime, intentional open carry is a violation of the permit's terms.
2. The "Rural" Open Carry License
California law does allow for a specific Open Carry License, but it is extremely limited:
Population Cap: These are only available in counties with a population of less than 200,000 people.
Geographic Limit: If issued, this license is only valid within that specific county. You cannot take that "open" permit into a populous county like Contra Costa or Alameda and continue to carry openly.
So .... What are the Gun Laws in California Today with Respect to Open Carry?
In January 2026, the Ninth Circuit Court of Appeals issued a major ruling in Baird v. Bonta, stating that California’s ban on open carry in populous counties is unconstitutional.
- Current Status: While the court ruled against the ban, the decision has been stayed (paused) because the California Attorney General petitioned for an en banc rehearing.
- What this means for you: Until the court issues its final mandate and the stay is lifted, the existing bans remain in effect. You should not attempt to open carry in Lafayette or other urban areas based on this headline alone, as law enforcement is still directed to enforce the current statutes.
4. Narrow Exceptions (No License Needed)
There are very specific instances where open carry is legal without a permit, typically in "non-public" settings:
Daniel Horowitz and his legal team defend the rights of gun owners under the 2nd Amendment. If you are a lawful gun owner facing criminal charges or gun seizure call Daniel Horowitz to defend your rights. Call (925) 283-1863.
