PC 26350:
Open Carry Prohibition (Unloaded Handguns)

California Penal Code Section 26350 ^[1] prohibits the open carry of unloaded handguns in public places. This provision was originally enacted as AB 144 in 2011 ^[2] in response to organized open carry demonstrations and took effect on January 1, 2012.

Prohibited Conduct

Section 26350(a) provides that a person is guilty of openly carrying an unloaded handgun when that person carries upon their person an exposed and unloaded handgun outside a vehicle, or carries an exposed and unloaded handgun inside or on a vehicle, while in any of the following:

- A public place or public street in an incorporated city or city and county
- A public place or public street in a prohibited area of an unincorporated area of a county or city and county

Historical Context

Before AB 144, California law permitted the open carry of unloaded handguns. This led to organized demonstrations by gun rights groups who would openly carry unloaded firearms in public spaces such as coffee shops and restaurants. The legislature responded with AB 144, prohibiting open carry of unloaded handguns in specified public places, subject to statutory exemptions. AB 1527 (2012) subsequently extended the ban to unloaded long guns (rifles and shotguns) in incorporated areas, codified at PC 26400 ^[3].

Penalties

A violation of PC 26350 is a misdemeanor. Under PC 19, the general penalty is up to six months in county jail, a fine of up to $1,000, or both. For carrying an exposed and unloaded handgun outside a vehicle in a public place or public street in an incorporated city or city and county, PC 26350(b)(2) allows up to one year in county jail, a fine of up to $1,000, or both, if the person has both the handgun and compatible unexpended ammunition in their immediate possession and is not in lawful possession of the handgun.

Exemptions

Exemptions to PC 26350 are found in PC 26361 through 26392 ^[4] and include:

- Law enforcement officers
- Licensed hunters while engaged in lawful hunting
- Persons carrying unloaded handguns outside vehicles within gun shows conducted under PC 27200 and 27300, or while using an unloaded handgun at an established target range
- Members of target-shooting clubs or organizations while using handguns at established public or private target ranges or incident to that use
- Persons in their own home or place of business
- Persons carrying unloaded handguns in a locked vehicle trunk or a locked container, including during travel to or from a gun repair shop

Constitutional Challenge: Baird v. Bonta (Panel Opinion Vacated)

On January 2, 2026, a Ninth Circuit panel struck down California's ban on open carry in counties with populations exceeding 200,000 residents in Baird v. Bonta (No. 24-565), holding that the prohibition violated the Second Amendment under the framework established in NYSRPA v. Bruen (2022) ^[5]. Attorney General Bonta filed a petition for rehearing en banc on January 16, 2026.

On April 15, 2026, the Ninth Circuit ordered the case reheard en banc and vacated the three-judge panel opinion ^[7]. The panel opinion no longer exists as precedent. En banc oral argument was held on June 3, 2026, and no decision appears in the October 15, 2026 docket capture. The California DOJ's current enforcement guidance is Information Bulletin 2026-DLE-10 (April 16, 2026), which updated the earlier 2026-DLE-04 bulletin and confirms that PC 26350 is fully enforceable while the en banc rehearing proceeds ^[6].

Current Enforcement Status

Open carry of an unloaded handgun in locations covered by PC 26350 remains prohibited unless a statutory exemption applies. The Ninth Circuit panel opinion in Baird v. Bonta was vacated on April 15, 2026, when the court granted en banc rehearing. The vacated panel opinion has no legal force, and the statute is fully enforceable. DOJ's April 16, 2026 bulletin directs law enforcement and prosecutorial agencies to continue following California's open carry restrictions until further action by the Ninth Circuit. A person openly carrying an unloaded handgun in a location covered by PC 26350 without a statutory exemption is subject to arrest and prosecution.

See also: Baird v. Bonta: Ninth Circuit Strikes Down California's Urban Open Carry Ban