Los Angeles Prohibition Against Openly Carrying a Handgun

California once allowed “open carry” of unloaded handguns, provided you stayed out of sensitive locations such as schools and government buildings. In 2012, that changed dramatically when the Legislature enacted Penal Code § 26350, making it a misdemeanor to carry an exposed, unloaded handgun on your person or in a vehicle in any public place or public street. The statute remains the cornerstone of California’s strict approach to public firearm possession. If you have been charged with violating the prohibitions against openly carrying an unloaded handgun, you must speak with a Los Angeles criminal defense attorney as soon as possible.

What Counts as Open Carry of a Handgun Under California Law

Under § 26350, a handgun is any pistol, revolver, or other firearm designed to be hidden on the body. Short-barreled shotguns and rifles with barrels under 16 inches also qualify because they are easily concealable. It does not apply to most full-length rifles or shotguns. “Openly carry” means the weapon is visible and not loaded; if it is loaded, a different law, Penal Code § 25850, controls and elevates the stakes. Merely having ammunition on your person while openly carrying an unloaded handgun can trigger an additional sentence enhancement (see § 25850(c)).

Who Can Legally Open Carry a Handgun in California?

Despite its sweeping language, California recognizes situations where open carry of an unloaded handgun remains lawful:

• Concealed-Carry Permit Holders (CCW). Persons with a valid license issued under § 26150 (sheriff) or § 26155 (police chief) may carry openly or concealed in public unless they enter a prohibited “sensitive place.” The 2022 U.S. Supreme Court decision in NYSRPA v. Bruen forced California to abandon its old “good cause” requirement; the Ninth Circuit later confirmed that discretionary “good cause” rules violate the Second Amendment, effectively making California a shall-issue state for qualified applicants.
• Peace officers and honorably retired officers.
• Active-duty military.
• Licensed firearms dealers and manufacturers, while engaged in business.
• Hunters or target shooters in lawful areas.
• Actors using a firearm in a film, television, or theater production.
• Gun-show participants, gunsmiths, and pawn-shop employees are on the premises.
• Common carriers transporting unloaded guns in compliance with federal law.

You risk arrest if you do not fit one of these categories and are in a public place.

Penalties for Openly Carrying an Unloaded Handgun in Los Angeles

Openly carrying an unloaded handgun in public is a misdemeanor punishable by:

• Up to one year in the county jail, or
• A fine of up to $1,000, or
• Both jail and fine, especially when aggravating factors exist, e.g., possessing ammunition you do not lawfully own.

Because § 26350 is charge-specific, prosecutors often add companion counts:

• § 25850: carrying a loaded firearm.
• § 25400: carrying a concealed firearm.
• § 29800: possession by a convicted felon or certain misdemeanor offenders.
  Each additional charge can raise exposure from a misdemeanor to a felony and add years in state prison.

New Sensitive Location Firearm Restrictions After Bruen and SB 2

In 2023, the Legislature passed Senate Bill 2, radically expanding the list of “sensitive places” that even a licensed CCW holder may not carry, including parks, playgrounds, banks, and most private businesses open to the public. SB 2 briefly took effect on January 1, 2024, but a federal district judge issued a preliminary injunction, calling the law “sweeping” and “repugnant” to the Second Amendment. The Ninth Circuit later modified, but did not eliminate, the injunction, allowing some sensitive-place bans while blocking others pending full review. As of May 1, 2025, the open-carry ban of § 26350 is fully enforceable statewide, but the SB 2 sensitive-place map is in flux. Anyone carrying under a CCW must stay abreast of the latest court rulings or risk an inadvertent violation.

Is California’s Open Carry Ban Constitutional? Legal Challenges Explained

Bruen requires states to justify firearm restrictions by showing a historical analogue dating to the Founding era. Several challenges to § 26350 argue that 19th-century California merely restricted loaded open carry, and therefore, the modern ban on all open carry goes too far. No federal or state appellate court has struck down § 26350. Still, litigation is active in cases such as Carralero v. Bonta and May v. Bonta, which address SB 2’s sensitive-place provisions and could indirectly affect open-carry jurisprudence. Until a contrary ruling issues, § 26350 remains valid.

Legal Defenses Against Open Carry of Unloaded Handgun Charges

At Kraut Law Group Criminal & DUI Lawyers, Inc., we analyze every angle to protect your rights:

• Private-Property Defense. The handgun was carried on private property, not open to the general public. § 26350 applies only in public places.
• Lack of Concealability. The firearm was a long gun not designed to be concealed and therefore outside the statute’s scope.
• Qualified Exemption. The client held a valid CCW, was a peace officer, or fell within another statutory exemption.
• Constitutional Challenge. We preserve Second-Amendment arguments for appellate review, leveraging Bruen and subsequent Ninth-Circuit opinions.
• Unlawful Detention or Search. Evidence was suppressed where police lacked reasonable suspicion or probable cause, violating the Fourth Amendment.
• No Knowledge. The defendant was unaware that the firearm was present (e.g., borrowed vehicle). California requires knowing possession.
• Momentary Innocent Possession. Brief firearm handling solely to prevent imminent danger (recognized in other gun-possession contexts).

What to Expect After an Open Carry Arrest in Los Angeles County

Los Angeles County aggressively prosecutes gun cases. A § 26350 arrest typically triggers:

• Booking and Release. Often with a bail schedule of around $1,000, but subject to local zero-bail policies.
• Arraignment. Within 48 court hours, a plea was entered.
• Pretrial Motions. Suppression (§ 1538.5), demurrer, discovery motions (Brady, Pitchess).
• Diversion Possibilities. Certain defendants may seek pretrial diversion under Penal Code § 1001.95 if the court finds that justice will be served and public safety protected.
• Trial or Negotiated Disposition. We aggressively negotiate for dismissals or reduced charges (e.g., infraction under § 374 “public nuisance”) when facts allow.
• Expungement. After probation, a misdemeanor conviction may be dismissed under § 1203.4, restoring many civil rights.

How an Open Carry Conviction Affects Gun Rights, Licenses, and Immigration

A conviction for § 26350 can lead to:

• Firearm Ownership Restrictions. You remain eligible to own firearms (unlike felony or domestic-violence misdemeanors), but subsequent gun charges will be treated more harshly.
• Professional Licensing Issues. Real estate, nursing, and security-guard licenses can be threatened.
• Immigration Concerns. While a single misdemeanor generally is not a deportable aggravated felony, any firearm-related conviction can create serious immigration complications.
  Our firm works with professional license and immigration counsel when necessary.

Why Choose Kraut Law Group Criminal & DUI Lawyers?

Lead attorney Michael Kraut is a former Deputy District Attorney who spent 14 years prosecuting serious felonies before bringing that insider knowledge to the defense side. Our boutique practice focuses on high-stakes criminal litigation in Los Angeles County courts, from CCB downtown to Van Nuys, Airport, and Long Beach. We:

• Conduct rapid-response investigations, including body-camera review, 911 tapes, and firearm-serial-number tracing.
• Retain veteran firearms experts to challenge operability, concealability, and alleged ammo possession.
• File cutting-edge constitutional motions informed by the latest Ninth-Circuit and U.S. Supreme Court precedent.
• Provide discreet, round-the-clock communication and a clear roadmap so clients understand every stage of their case.

Charged With Open Carry in LA? Contact a Firearm Defense Attorney Now

If you or someone you care about faces charges for openly carrying an unloaded handgun in Los Angeles, time is critical. Early intervention can mean the difference between dismissal and a permanent record. Kraut Law Group Criminal & DUI Lawyers, Inc. stands ready to marshal the law, the facts, and decades of trial experience on your behalf.

For a free confidential consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at Kraut Law Group Criminal & DUI Lawyers, Inc., 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028.

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