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 This provision was originally enacted as AB 144 in 2011 [2] in response to organized open carry demonstrations, and was recodified as PC 26350 during the 2012 Penal Code reorganization.
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, effectively banning all forms of public handgun carry without a CCW permit. AB 1527 (2012) subsequently extended the ban to unloaded long guns (rifles and shotguns) in incorporated areas, codified at PC 26400 [3].
Penalties
A first violation of PC 26350 is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000. Subsequent violations or violations coupled with aggravating factors may result in enhanced penalties. The offense is not a wobbler under standard circumstances, remaining a misdemeanor.
Exemptions
Exemptions to PC 26350 are found in PC 26361 through 26390 [4] and include:
- Law enforcement officers
- Licensed hunters while engaged in lawful hunting
- Persons at gun shows or on shooting ranges
- Persons in their own home or place of business
- Persons lawfully transporting firearms 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 is scheduled for the week of June 1, 2026. The California DOJ's current enforcement guidance is Information Bulletin 2026-DLE-10 (April 16, 2026), which superseded 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 urban California remains illegal. 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. Law enforcement is actively enforcing PC 26350. Anyone openly carrying an unloaded handgun in urban California is subject to arrest and prosecution.
See also: Baird v. Bonta: Ninth Circuit Strikes Down California's Urban Open Carry Ban