Is “open carry” of firearms legal or illegal in California?

1. Is open carry legal in California?

In general, it is illegal to openly carry guns in California.¹ Though there are various exceptions depending on:

1. Whether the firearm is loaded;
2. The type of firearm;
3. The location of the carrying; and
4. The particular county or city the carrying occurs in.

For example, lawful gun owners can usually open carry guns on their own property or business.

1.1. Open carry of loaded handguns

In counties with a population under 200,000, the sheriff or a chief of police may grant licenses to carry a loaded and exposed handgun. These licenses do not apply to long guns (such as rifles or shotguns). Plus these licenses are valid only county-wide.²

In general, carrying loaded firearms in vehicles is illegal as well. Though there are various exceptions, such as for people with CCW permits.³ Learn how to get CCW permits in California.

The unlawful open carry of loaded handguns is usually a misdemeanor. (Scroll down to section 3 for penalties.)

1.2. Open carry of unloaded handguns

In general, it is illegal to open carry an unloaded handgun in public.⁴ Though California has various exceptions for:

• Peace officers (or civilians assisting a peace officer)
• Military members
• Hunters with a license

It is usually legal to carry an unloaded handgun in a vehicle’s locked trunk or a locked container.⁵ Plus it may be legal to open carry an unloaded handgun in a vehicle if:

• The street is in an unincorporated area, and
• It is not illegal to possess guns in that area⁶

Car owners or drivers could be prosecuted for knowingly allowing other people to open carry in their vehicles.⁷

The unlawful open carry of unloaded handguns is usually a misdemeanor. (Scroll down to section 3 for penalties.)⁸

1.3. Open carry of unloaded long guns

In general, it is illegal to open carry an unloaded shotgun or rifle in the following locations:

• An incorporated city,
• An incorporated county, and
• Places where guns are forbidden in unincorporated areas⁹

As with unloaded handguns, there are exceptions in California for:

• Peace officers
• Military members
• Hunters with a license

The unlawful open carry of unloaded handguns is usually a misdemeanor.¹⁰

1.4. Antique firearms

Carrying an unloaded antique firearm is typically allowed in accordance with PC 16520. You cannot be in possession of any ammunition while carrying the firearm. ¹¹

2. What is Young v. Hawaii? How does it affect California law?

Young v. State of Hawaii held that the Second Amendment does not guarantee a general right to open carry firearms in public for individual self-defense. As a Ninth Circuit case, its holding applies to California.

Originally the plaintiff challenged Hawaii’s restrictions on gun permits. Hawaiian law stated that:

• Open carry is limited to people “engaged in the protection of life and property,” and
• Concealed carry is limited to people who can demonstrate an “exceptional case” to fear injury

The Ninth Circuit Court of Appeals agreed with Hawaii that the concealed carry restriction is lawful. Though the court at first held that open carry was guaranteed by the Second Amendment: The justices said that people have a constitutional right to openly carry guns in public for self-defense.

Then Hawaii requested that the court rehear the case en banc. On March 24, 2021, the full panel of 10 justices reversed the 2018 ruling and affirmed the Hawaii law largely banning open carry.

However, Young v. Hawaii was vacated and remanded back to District Court in light of the 2022 U.S. Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen. This case recognized the Second Amendment right to carry a pistol in public. How this new case affects California law remains uncertain.¹²

3. What are the penalties for open carry in California?

4. Can I open carry in California while hiking?

It is generally illegal to open carry guns in the California State Parks system as well as in federal parks located in California.¹⁶

Outside of parks, it is also generally illegal to open carry guns while hiking. Though there may be exceptions depending on if you are in a small county and licensed to open carry.¹⁷

Before you hike anywhere in California, check with the local authorities about carry laws.

Note that carrying guns in most public places is prohibited under SB 2 even with a CCW permit. Learn more about California gun laws.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Fired Up or Shut Down: The Chilling Effect of Open Carry on First Amendment Expression at Public Protests – Northeastern University dissertation.
• Circumscribing the Right to Bear Arms: The Second Amendment, Gun Violence, and Gun Control in California and Mississippi – U. Miami International & Comparative Law Review.
  Open Carry of Patrol Rifles As a Defense to Mass Shooting Situations – Law Enforcement Management Institute of Texas.
  
• A Framework for Prosecuting the Open Carry of Firearms at Elections – UCLA Criminal Justice Law Review.
• The Myth of Open Carry – UC Davis Law Review.

Legal References