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 create a comprehensive ban on public carry without a CCW permit.

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 there is an unexpended cartridge or shell in the firing chamber, in the magazine, or in a clip or magazine that is 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. The offense is elevated to a wobbler (misdemeanor or felony) under PC 25850(c) when:

• 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 law enforcement officers, military personnel, security guards with valid permits, persons at fixed places of business, and persons on their own property. CCW permit holders are also exempt from the loaded carry prohibition while carrying in accordance with their permit terms.