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    § 25850 PC – Carrying a Loaded Firearm – California Law

    Carrying a Loaded Firearm - CA Penal Code 25850 PC

    California Penal Code § 25850 PC makes it a crime to carry a loaded firearm in a public place, on a public street, or in a motor vehicle. This is generally a misdemeanor punishable by up to one year in county jail and/or $1,000, though it can be a felony if there are aggravated circumstances.

    The language of § 25850 PC reads:

    (a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

    With some exceptions, carrying a gun is generally illegal in California. It does not matter whether you are carrying it openly or with a valid CCW. Even carrying an unloaded gun is a crime under a separate statute.

    Graphic that shows defenses to carrying a loaded gun, such as an illegal police search or lack of awareness of the gun

    In this article, our California criminal defense lawyers discuss the crime of carrying a loaded firearm in public. Click on a topic to jump to that section.


    1. Elements of 25850 PC

    For you to be convicted of violating 25850 PC, prosecutors must prove beyond a reasonable doubt the following three elements of California Jury Instruction “CALCRIM” 2530:

    1. You carried a loaded firearm on your person or in your vehicle,
    2. You knew that you were carrying a firearm, and
    3. At that time, you were in a public place or on a public street in an incorporated city or area where it was unlawful to discharge a firearm.1

    Meaning of “Public Place”

    A “public place” is any place open to common and general use and readily accessible by anyone wishing to go there.2 Common examples or city streets or businesses open to the public.

    Meaning of “Firearm”

    A “firearm” is any device designed to be used as a weapon and from which a projectile is discharged through a barrel by an explosion. Common examples of firearms are pistols, revolvers, rifles, and shotguns but not pellet guns or BB guns.3

    Meaning of “Loaded Firearm”

    Under California law, a firearm is loaded if there is an unexpended cartridge or shell in the firing chamber, magazine, or clip attached to the firearm.

    Note that you must know of the firearm’s presence in order to be guilty under 25850 PC. However, it is not necessary that you know it was loaded.4

    Example: Jerome is driving his car and has no clue that his loaded gun is in the glovebox. Here, Jerome is not guilty under Penal Code 25850 because he had no knowledge of the weapon.

    Now consider that Jerome is driving his car. He knows that his gun is in the auto, but he does not believe it is loaded. Jerome is pulled over, and it turns out the gun is loaded. Here, Jerome is guilty under the law – even though he did not know the gun was loaded.

    Learn more about California gun laws.

    man holding a loaded revolver in violation of California Penal Code 25850 PC

    In California, it is a crime to carry a loaded firearm in public.

    2. Defenses

    Here at Shouse Law Group, we have represented literally thousands of people in California accused of weapons offenses, including carrying a loaded gun. In our experience, the following four defenses have been especially persuasive with judges, juries and prosecutors:

    1. You did not know you were carrying the firearm. In these cases, we would amass all the available evidence to raise a “reasonable doubt” as to what you knew. For example, perhaps there is surveillance footage of someone planting the gun on you.
    2. The firearm was not loaded. We work with the best forensic experts in the industry who may be able to demonstrate that the guns in question did not meet the lawful definition of “loaded.” (However, you could still face separate charges for carrying an unloaded gun.)
    3. The police found the gun through an illegal search. If the judge grants our motion to suppress the unlawfully-found gun as evidence, the D.A. may be forced to drop your case for lack of proof.5
    4. You are exempt from the law. 25850 PC may not apply to you if we can show you are:
      • a California police officer/peace officer (either active or honorably retired),
      • an agent of any federal law enforcement agency (for example, FBI),
      • a member of the United States military,
      • a recreational shooter, or
      • a concealed carry permit holder.6
    Man reaching for his gun in prelude to a fight in a grassy field

    Self-defense is usually not a defense to 25850 PC charges.

    3. Penalties

    As the following table shows, carrying a loaded gun in California can be charged as a misdemeanor or a felony depending on the case.

    Penalties for Violating 25850 PC in California
    • No aggravating factors (most cases)
    		 Misdemeanor:  Up to 1 year in jail and/or up to $1,000
    • You are not the registered gun owner, or
    • You were previously convicted of certain misdemeanor or drug offenses

    “Wobbler“

    Misdemeanor:  Up to 1 year in jail and/or up to $1,000

    or

    Felony:  16 months, 2 years, or 3 years in county jail and/or up to $10,000
    • You had a prior felony or gun conviction, or
    • The gun was stolen, or
    • You belonged to a criminal street gang, or
    • The gun was not lawfully possessed, or
    • You were legally prohibited from having the gun
    		 Felony:  16 months, 2 years, or 3 years in county jail, and/or up to $10,000

    Note that following a 25850 PC conviction in California, you must serve a minimum of three months in county jail if you have a prior conviction for such crimes as:

    1. assault with a deadly weapon (254a1 PC),
    2. shooting an inhabited dwelling house or car (246 PC), or
    3. brandishing a weapon (417 PC).7

    4. Immigration

    Depending on the facts of the case, a 25850 PC conviction can be deportable. Therefore, any non-citizen charged with carrying a loaded gun in California should retain an attorney to try to get the charge dismissed or changed to a non-deportable offense.8

    5. Expungements

    You can get your 25850 PC conviction expunged from your California criminal record once you complete jail or probation. Following an expungement, the case should no longer appear on background checks.9

    6. Gun Rights

    In California, a felony conviction of 25850 PC will strip you of your gun rights for life. A misdemeanor conviction should not affect your gun rights.10

    7. Related Crimes

    Carrying a Concealed Weapon

    California Penal Code 25400 PC makes it a crime to carry a concealed firearm on your person or in a vehicle. Carrying a concealed gun is a crime no matter if it is loaded or unloaded.

    Openly Carrying an Unloaded Firearm in Public

    California Penal Code 26350 PC makes it a crime to openly carry an unloaded firearm in public. This statute effectively repealed what previously had been a limited “open carry” law in California.

    Unlicensed Sale of Firearms

    California Penal Code 26500 PC makes it a misdemeanor to sell, lease or transfer firearms without a valid permit. It is a separate violation for every gun that you sell, lease, or transfer without a permit.

    Additional Reading

    For more information, see our related articles:

    Legal References:

    1. California Penal Code section 25850a PC. CALCRIM No. 2530 – Carrying Loaded Firearm. Judicial Council of California Criminal Jury Instructions (2024 edition). See also: People v. Vega (1971) 18 Cal.App.3d 954; People v. Wade (2016) 63 Cal.4th 137; People v. Hall (1998) 67 Cal.App.4th 128. Senate Bill 2 (2023).
    2. In re Zorn (1963) 59 Cal.2d 650; People v. Strider (2009) 177 Cal.App.4th 1393; People v. Knight (2004) 121 Cal.App.4th 1568.
    3. CALCRIM No. 2530. People v. Taylor (1984) 151 Cal.App.3d 432. As to tasers, see People v. Heffner (1977) 70 Cal.App.3d 643. California Penal Code 16250 PC.
    4. CALCRIM No. 2530. See also People v. Clark (1996) 45 Cal.App.4th 1147. People v. Rubalcava (2000) 23 Cal.4th 322. See also People v. Dillard (1984) 154 Cal.App.3d 261. People v. Dillard (1984) 154 Cal.App.3d 261. See also People v. Harrison (1969) 1 Cal.App.3d 115.
    5. California Penal Code 26010 PC. See also People v. Mower (2002) 28 Cal.4th 457.
    6. California Penal Code 25900 PC. California Penal Code 26020 PC. California Penal Code 26000 PC. California Penal Code 26005 PC. California Penal Code 25850 PC.
    7. See, for example, People v. Flores (Cal. App. 2d Dist. 2021) 60 Cal.App.5th 978.
    8. See INA 237 (a) (2) (A). See also People v. Bedolla (Cal. App. 6th Dist. 2018) 28 Cal. App. 5th 535 (re. moral turpitude).
    9. California Penal Code 1203.4 PC.
    10. California Penal Code 29800 PC.

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