Firearms
PEN § Multiple, numerous - Wobbler
- Maximum fine: $100/$10,000
- Maximum term: 1Y/5Y
- Probation/parole at home eligible: Y
- Community service eligible: Y
PEACE OFFICER EXCEPTION
PEN § 30630, subdivision (a) allows for the possession or use of an assault weapon by a sworn peace officer for a law enforcement purpose, whether on or off duty.
In general, open carry is not legal in California for most people in most places. Openly carrying loaded or unloaded firearms in public is generally prohibited in California. However, according to PEN § 26150 and 26155, a Sheriff of a county can or may issue licenses to carry a loaded, exposed handgun.
Several California laws effectively ban open carry in public:
PEN § 25850 makes it illegal to carry a loaded firearm in public
PEN § 26350 prohibits openly carrying an unloaded handgun in most public places
PEN § 26400 bans openly carrying unloaded rifles and shotguns in many areas
PEN § 626.9 (h) prohibits the possession of a firearm on college grounds
The Rural Exception: PEN § 26150 and 26155
Conditions for the Rural Open Carry Permit
If you live in one of these smaller counties, the issuing authority (TO BE DETERMINED BY SIM ADMINISTRATION) has the discretion to grant a permit that allows you to carry a loaded handgun openly. However, there are strict limitations:
Geographic Restriction: The permit is only valid in the county where it was issued. As soon as you cross the line into a county with more than 200,000 people, or any county where you do not hold a permit, the permit is no longer valid for open carry.
Background and Training: You must meet all the standard requirements for a CCW, including background checks, fingerprinting, and state-mandated firearms training.
Key Takeaway: Open carry permits in California are legally restricted to residents of counties with populations under 200,000 and are only valid within that specific county.
Penalties for Illegal Open Carry in California
The penalties for illegal open carry depend on the specific law violated, whether the firearm was loaded, and the surrounding circumstances. The chart below provides a clear breakdown of common charges and potential consequences.
Carrying a loaded firearm in public, PEN § 25850
Misdemeanor or felony. Up to 1 year in county jail (misdemeanor) or up to 3 years in state prison (felony). Firearm confiscation, probation, firearm ban.
Open carry of an unloaded handgun, PEN §26350
Misdemeanor. Up to 1 year in county jail and fines. Criminal record, possible firearm restrictions.
Open carry of an unloaded long gun, PEN § 26400
Misdemeanor. Up to 1 year in county jail and fines. Seizure of weapon, probation.
Open carry with prior criminal record or prohibited status, PEN § 29800 and related laws
Felony. Up to 3 years in state prison or more. Lifetime firearm ban, serious felony record
Open carry combined with other offenses (e.g., brandishing), PEN § 417
Misdemeanor or felony. Up to 1 year in jail or state prison if elevated. Additional charges, increased sentencing exposure.
Carrying a Firearm in a Prohibited Area
Open carry in prohibited areas (e.g., schools, government buildings), Various statutes
Misdemeanor or felony. Up to 1 year in jail or longer depending on location. Enhanced penalties, possible felony charges.
Certain locations are strictly off-limits for firearms, regardless of whether they are openly carried. These include:
school zones/colleges
government buildings and courthouses
airports and secure areas
public gatherings or events
Violating location-based restrictions can result in enhanced penalties or additional charges.
Carrying a Concealed Firearm – PEN § 25400
Possession of a Firearm by a Prohibited Person – PEN § 29800
Brandishing a Weapon – PEN § 417
Possession of an Assault Weapon – PEN § 30605
PEN § 626.9(h) Gun Free School Zone
Any person who brings a loaded firearm upon the grounds of a University of California campus without written permission is subject to arrest and prosecution for a felony crime.
PEN § 12020 Unlawful Carrying and Possession of Weapons
The manufacture, import, sale, supply or possession of certain weapons and explosives are arrestable offenses. These weapons include, but are not limited to: a concealed firearm, cane or wallet gun, zip gun, belt buckle knife, blackjack, billy or a concealed dagger. Conviction for any offense under this code is punishable by imprisonment in county jail or state prison.
PEN § 653(k) Possession of Switch Blade Knife
Every person who possesses on his or her person (or in the driver or passenger area of a motor vehicle) a switchblade knife having a blade exceeding 2 1/2 inches is guilty of a misdemeanor.
PEN § 417 Brandishing a Deadly Weapon
Any person who exhibits a firearm or any deadly weapon in a rude, angry or threatening manner, or who in any manner, unlawfully uses the same in any fight or quarrel is subject to prosecution and imprisonment in accordance with the specific subsections of this law.
PEN § 417.25 Aiming Laser Pointer
Every person who aims a laser scope or pointer at another person in a threatening manner with the specific intent to cause a reasonable person fear of bodily harm is guilty of a misdemeanor. For purposes of this section, the laser need not be attached to a firearm.
PEN § 417.4 Imitation Firearm
Every person who draws or exhibits an imitation firearm in a threatening manner against another in such a way as to cause harm to a reasonable person, apprehension or fear of bodily harm is guilty of a misdemeanor.
California Senate Bill 1828
Any person who openly displays or exposes an imitation firearm (including a BB or pellet device) in a public place is guilty of an infraction for a first or second offense and a misdemeanor for a third or subsequent offense. Certain exceptions apply to manufacturers/importers/distributers and theatrical productions.
PEN § 245 Assault with a Deadly Weapon
Any person who commits an assault upon another person with a firearm or other deadly weapon or instrument likely to produce great bodily harm is subject to prosecution and imprisonment in accordance with the specific subsection of this law.
Note:
There are special circumstances when certain weapons may be authorized on campus. Some examples include for use by ROTC, theatrical performances, movie shoots, class instruction, etc. Prior to the event, written authorization to possess a firearm/weapon on campus must be obtained through the Hartwell County Sheriff’s Department.