Penal Code § 26350 PC - Open Carry Laws
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1. What is Penal Code § 26350 PC?
Penal Code § 26350 PC Law Reads As Followed:
(a)(1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
2. What Are Examples of Penal Code § 26350 PC?
To effectively represent our clients at Grace Legal Group, we find it essential to highlight how easily a person can inadvertently violate Penal Code § 26350 PC. In the fast-paced environment of Los Angeles, a simple misunderstanding of “transport” versus “carry” can quickly lead to a misdemeanor arrest.
Here are common real-world scenarios and the legal distinctions you need to know.
Real-World Examples of PC 26350 Violations
The following situations are frequent grounds for an open carry arrest in California, even when there is no threatening intent:
The “Parking Lot” Display: You meet a friend in a public shopping center to show off a new purchase. Taking an unloaded handgun out of its case to hand it to them in a public parking lot constitutes open carry.
The Dashboard Carry: You are driving through Los Angeles with an unloaded handgun resting on your passenger seat or dashboard. Even if you are the lawful owner and the gun is empty, the fact that it is “exposed” inside a vehicle on a public street is a violation.
The Holster Without a Jacket: You are walking down a sidewalk with an unloaded handgun in a hip holster. You don’t have to “brandish” the weapon or act aggressively; the mere visibility of the firearm in a public area is enough for a charge.
The “In-Between” Transport: You are moving out of your apartment and carry an unloaded pistol in your hand (instead of a locked case) across the sidewalk or through a common courtyard to reach your car.
Understanding the Location: Public vs. Private
A critical distinction in these cases is where the carry occurred. PC 26350 is specifically designed to regulate firearms in public spaces.
Where it is generally NOT a violation:
Inside your own home: You have a fundamental right to possess and carry firearms within your own residence.
Inside your own business: If you are the owner of a business establishment, open carry is generally permitted within that private commercial space.
Your fenced backyard: Areas of your property that are not accessible to the general public are typically exempt from this statute.
Where it IS a violation:
Public Sidewalks and Streets: These are the most common areas for enforcement, as they are designated public thoroughfares.
Retail Stores and Malls: Even though they are privately owned, grocery stores and malls are considered “public places” because they are open to the general public.
Legal Exemptions: When is it Allowed?
Not every instance of a visible firearm is a crime. California law provides specific exemptions where carrying an unloaded handgun is permitted:
Locked Container Transport: If the handgun is unloaded and secured in a locked container (such as a dedicated firearm safe or a locked vehicle trunk), it is not considered “openly carried.” Important: Under California law, a glove box or utility compartment does not qualify as a locked container.
Licensed Professionals: This includes active or honorably retired peace officers, military personnel, and licensed security guards while performing their duties.
Target Ranges and Hunting: You are generally protected while transporting a firearm to or from a shooting range, or while engaged in lawful hunting in areas where it is permitted.
Business Specifics: Taking a firearm into a gun show, a pawn shop, or a repair shop is permitted, as these are recognized environments for firearm commerce and maintenance.
Entertainment Production: Actors and crew members are exempt when using a firearm as a prop for a legitimate motion picture, television, or video production.
3. What are Common Defenses Against Penal Code § 26350 PC?
Facing a criminal charge can be overwhelming, but a charge is not the same as a conviction. At Grace Legal Group, we specialize in identifying the weaknesses in the prosecution’s case. For a Penal Code § 26350 PC charge, several powerful legal defenses can be used to protect your rights.
Here are the most common strategies we use to fight open-carry allegations in Los Angeles.
1. The “Private Property” Defense
The language of PC 26350 is very specific: it only applies to handguns carried in public places, on public streets, or in prohibited areas of unincorporated territory.
The Strategy: If we can demonstrate that you were on private property—such as your own driveway, a private road not open to the public, or inside your own place of business—the elements of the crime have not been met.
Why it Works: The prosecution must prove beyond a reasonable doubt that the location was “public.” In many Los Angeles cases, the boundary between public and private space is legally grey.
California law lists dozens of specific scenarios where openly carrying an unloaded handgun is perfectly legal.
The Strategy: We work to prove that you fall into one of the many protected categories. This includes:
CCW Permit Holders: You have a valid permit to carry a concealed weapon.
Locked Container Transport: You were moving the firearm in a secure, locked case (excluding the glove box).
Lawful Recreation: You were at a shooting range or in a lawful hunting area.
Professional Use: You are an active/retired peace officer, military member, or a licensed firearms dealer/manufacturer engaged in business.
The Strategy: Even if you aren’t one of these professionals, you may have been transporting the weapon to a “repair shop” or “gun show,” which are also protected activities.
3. Fourth Amendment Violations (Unlawful Search)
In many firearm cases, the evidence is discovered during a traffic stop or a pedestrian “stop-and-frisk.“
The Strategy: If the police did not have reasonable suspicion to stop you or probable cause to search your person or vehicle, any evidence they found (the handgun) can be suppressed.
The Result: We file a Motion to Suppress Evidence (PC 1538.5). If the judge agrees that the search was unconstitutional, the firearm cannot be used against you in court, which typically leads to an immediate dismissal of all charges.
To be convicted of PC 26350, you must have knowingly possessed the firearm.
The Strategy: If you borrowed a friend’s car and didn’t know there was an unloaded handgun visible under the seat, or if someone placed the item in your belongings without your knowledge, you lack the “criminal intent” required for a conviction.
5. Constitutional Challenges (The “Baird v. Bonta” Defense)
As of 2026, the legal landscape regarding open carry is in a state of flux.
The Context: Recent federal court rulings (such as Baird v. Bonta in the Ninth Circuit) have challenged California’s near-total ban on open carry in urban counties like Los Angeles.
The Strategy: At Grace Legal Group, we stay at the forefront of Second Amendment litigation. We may argue that PC 26350 is unconstitutional as applied to your case based on the “historical tradition” of firearm regulation in the United States. While these challenges are complex, they can be a decisive factor in modern firearm defense.
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4. What are The Penalties for Violating Penal Code § 26350 PC?
At Grace Legal Group, we often hear from clients who believe that because their handgun was unloaded, the legal consequences won’t be severe. However, California treats firearm violations with extreme seriousness. A conviction under Penal Code § 26350 PC can result in more than just a fine; it can lead to jail time and a permanent criminal record.
Here is a breakdown of the penalties and long-term consequences of violating California’s open carry laws.
Standard Penalties for a Misdemeanor
Under PC 26350, the open carrying of an unloaded handgun is classified as a misdemeanor. If convicted, you may face:
Jail Time: Up to one year in a Los Angeles County jail.
Fines: A maximum fine of $1,000.
Summary Probation: Instead of or in addition to jail time, a judge may sentence you to “informal” probation, which typically lasts between one and three years.
Aggravating Factors and Enhanced Penalties
The court has the discretion to impose harsher sentences if certain “aggravating factors” are present. You are more likely to face the maximum one-year jail sentence if:
Ammunition is Present: You had the handgun and the corresponding ammunition in your immediate possession (even if the gun itself was empty).
Unlawful Possession: You were not the lawful owner of the firearm at the time of the arrest.
Multiple Firearms: Under PC 26350(d), each handgun you carry openly constitutes a separate and distinct offense. If you are caught with three unloaded handguns, you could theoretically face three separate misdemeanor counts.
Long-Term Consequences Beyond the Courtroom
A conviction for a firearm offense carries a “stigma” that can follow you long after your probation ends.
Professional Licensing: Many licensing boards in California (such as those for nursing, real estate, or security) require the disclosure of criminal convictions. A firearm-related misdemeanor can lead to the denial or revocation of your professional license.
Employment Background Checks: In a competitive job market like Los Angeles, a criminal record can be a major hurdle. Many employers view firearm charges—even non-violent ones—as a significant red flag.
Immigration Status: For non-citizens, any firearm-related conviction is considered a “highly sensitive” offense. It can lead to complications with visa renewals, green card applications, or even deportation proceedings.
Future Firearm Rights: While a single misdemeanor under PC 26350 does not automatically trigger a lifetime ban on firearm ownership (unlike a felony), it can make it significantly harder to obtain a CCW permit in the future.
5. What Are the Related Offenses To Penal Code § 26350 PC?
When dealing with a firearm allegation in Los Angeles, the prosecution often files multiple charges to see which one “sticks.” At Grace Legal Group, we know that Penal Code § 26350 PC is frequently accompanied by other related offenses that carry different elements of proof and varying penalties.
Understanding these related crimes is essential for a comprehensive defense strategy.
1. Carrying a Loaded Firearm (Penal Code § 25850 PC)
This is the most common “companion” charge to open carry. While PC 26350 deals specifically with unloaded handguns, PC 25850 applies if the weapon is loaded.
The Overlap: If an officer stops you for openly carrying an unloaded gun and finds a single round in the chamber or a loaded magazine inserted, the charge will be elevated to PC 25850.
Why it Matters: Penalties for a loaded firearm are often more severe, and if you are not the registered owner of the gun, it can even be charged as a felony.
2. Carrying a Concealed Weapon (Penal Code § 25400 PC)
The distinction between “open carry” and “concealed carry” can be surprisingly thin.
The Conflict: If you have an unloaded handgun in your waistband and your shirt partially covers it, the prosecution may charge you with PC 25400 (concealed carry) instead of PC 26350 (open carry).
The Defense: A firearm carried openly in a belt holster is legally not considered “concealed.” We often fight these charges by demonstrating that the weapon was, in fact, “exposed” and therefore should not be classified as a concealed weapon.
3. Brandishing a Weapon (Penal Code § 417 PC)
While PC 26350 focuses on the mere act of carrying the gun, PC 417 focuses on how you used it.
The Elements: You can be charged with brandishing if you draw or exhibit a firearm in a “rude, angry, or threatening manner” or use it in a fight.
The Risk: You can be charged with both open carry and brandishing if the police believe you were displaying the weapon to intimidate others. However, simply having the weapon in a holster typically does not meet the “threatening manner” requirement of PC 417.
4. Felon in Possession of a Firearm (Penal Code § 29800 PC)
This is a much more serious “umbrella” law.
The Violation: If you have a prior felony conviction (or certain misdemeanor convictions) and are caught openly carrying an unloaded handgun, the open carry charge becomes secondary to PC 29800.
The Penalty: This is a felony offense that carries a lifetime ban on firearm ownership and significant state prison time.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
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