PC 25850:
Carrying a Loaded Firearm in Public

California Penal Code Section 25850^[1] prohibits the carrying of loaded firearms in public places. This statute replaced the former Penal Code Section 12031 during the 2012 code reorganization and works in conjunction with PC 25400 (concealed carry) and PC 26350 (open carry of unloaded handguns) to restrict concealed carry, loaded public carry, and open carry of unloaded handguns, subject to statutory licenses and exemptions.

Prohibited Conduct

Under PC 25850(a), a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on their person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public place or on any public street in a prohibited area of unincorporated territory.

What Constitutes "Loaded"

Under PC 16840^[2], a firearm is considered "loaded" when an unexpended cartridge or shell is in or attached in any manner to the firearm, including in the firing chamber or in a magazine or clip attached to the firearm. For revolvers, the firearm is loaded when a round is in a chamber that can be fired. A muzzle-loader is loaded when it is capped or primed and has a charge of powder and ball or shot in the barrel.

Penalties

A standard violation of PC 25850 is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000. PC 25850(c)(1) through (4) prescribe felony punishment for the first four circumstances listed below. Under PC 25850(c)(6), the final listed circumstance permits felony or misdemeanor punishment.

• The firearm is stolen and the person knew or had reasonable cause to believe it was stolen
• The person is an active participant in a criminal street gang under PC 186.22
• The person has been convicted of a felony or specified firearms offense
• The person is not in lawful possession of the firearm
• The person is not the registered owner of the handgun

Felony penalties include 16 months, 2 years, or 3 years in county jail.

Exemptions

PC 26000 through 26060^[3] provide exemptions for military personnel performing their duties, security guards with valid permits acting within the applicable occupational exemption, and persons over 18 who are not prohibited from possessing firearms and who carry within their lawful place of business or on private property they own or lawfully possess. Other applicable local or federal prohibitions still apply. Law enforcement officers have separate exemptions under PC 25900. CCW permit holders are also exempt from the loaded carry prohibition while carrying in accordance with their permit terms.

Constitutional Challenge: Baird v. Bonta

PC 25850 is under constitutional challenge in Baird v. Bonta (No. 24-565). On January 2, 2026, a Ninth Circuit three-judge panel held that the open-carry restrictions under PC 25850 and PC 26350 are unconstitutional as applied in counties with populations exceeding 200,000 residents^[4]. On April 15, 2026, the Ninth Circuit granted rehearing en banc and vacated the panel opinion, which now has no legal force. En banc oral argument was held in early June 2026, and a decision is pending as of July 2026. PC 25850 prohibits carrying a loaded firearm on the person or in a vehicle in a public place or on a public street in an incorporated city or city and county, or in a prohibited area of an unincorporated area of a county or city and county, subject to statutory licenses and exemptions.