What is Open Carry?

Open Carry (OC) refers to the act of carrying a firearm in plain sight.

Is Open Carry Legal in California?

Yes. However, there are many restrictions, but generally as long as your firearm is not concealed, and not loaded, and you are not in a prohibited area ("school zone", post office, government building), then it is legal. Read the California Open Carry Flyer for complete details, relevant codes, and case law.

Why Open Carry?

There are many reasons to Open Carry, and often the discussion becomes a philosophical debate betwteen the merits of Open Carry vs. Concealed Carry. However, in California these discussions are moot, since California is not a Shall-Issue CCW state, and most residents cannot get a concealed carry permit.

Therefore, in California, there are three main reasons to Open Carry:

  • For those choosing to carry a firearm for self-defense, it is the only legal means available.
  • As a form of legal civil protest of unconstitutional firearms laws and CCW issuance policies.
  • As a form of firearms community diplomacy, to dispel the myth that only cops and criminals carry guns, and to help reintroduce the general public and the law enforcement community to the reality that ordinary peaceful law-abiding citizens possess, use, and carry firearms.

    Additional universal reasons to Open Carry:

  • To exercise one's right.
  • As a visible deterrent to crime.
  • OC is often more comfortable than CC, and offers more ready access.
  • The Open Carry Argument, an in-depth answer to the "Why" question

    • What good is an unloaded gun?

    Obviously, not much. However, with a little practice, one can easily load a handgun in under 2 seconds.

    Is it true that carrying both a gun and ammo is legally considered loaded?

    No. If one carries a firearm with the intent to commit a felony, then it is true. But for the typical law-abiding gun-owner, it is not true. PC 12031 and People v. Clark are all that apply. Read the California Open Carry Flyer for more details.
    For even more exhaustive information on the topic, read "What is Loaded".

    Where can I legally Open Carry?

    Loaded Open Carry is legal in your home, temporary residence or campsite (unless otherwise prohibited), place of business, private property, and in areas of unicorporated territiry where shooting is not prohibited, including many areas within National Forest and BLM lands.

    Unloaded Open Carry is legal anywhere except the following places:

  • schools and "school zones"
  • California State Parks
  • National Parks (Update! This will change in 2010. details)
  • US Post Offices
  • any state or local public building or at any legislative meeting required to be open to the public
  • the State Capitol, legislative offices, office of the Governor, Governor’s residence, etc.
  • “sterile areas” (areas where access is controlled by security screening) of airports
  • areas restricted by local city or county ordinance, often including regional parks

    Read the California Open Carry Flyer for complete details.

    • I've heard concealed magazines are illegal. Is that true?

    While there is no code that supports this, there was an appellate case in 1974, People v. Hale, that ruled this way. It ruled that although the firearm in question was not concealed, the magazine was, and that only partial concealment is still concealment, and that the magazine was an "essential component" of the firearm. The logic is tortured beyond belief, but it currently could be used as a persuasive precedent in court. One way to avoid this pitfall is to carry your magazines in belt holsters, so that they match the 12025(f) language of "carried openly in belt holsters". Another option would be to keep an unloaded magazine in the firearm, thereby "completing" the firearm, and invalidating the asinine "essential component" logic.

    What about rifles and shotguns?

    PC 12025, which makes carrying a concealed handgun illegal, does not apply to long guns so they can be carried concealed (in a vehicle, for example) or unconcealed. However all other laws apply (including PC 12031 which makes carrying loaded illegal under most circumstances).

    I’ve heard that I can only Open Carry in counties with a population less than 200,000. Is that true?

    No. This language and this number come from PC 12050, which in addition to concealed carry permits, allows sheriffs to issue permits to carry “loaded and exposed”, but only in counties with a population less than 200,000. These permits are even more elusive than the rare concealed carry permits, and have no bearing on the otherwise legal carry of firearms.

    Is it legal to open carry while driving a car, or while riding a motorcycle?

    Yes. There is no legal difference between being in a vehicle (or on a motorcycle) or not, with regard to open carry. The locked case or vehicle trunk requirements refer to concealed carry only. However, if you will be passing through any school zones, then you also must place handguns in a locked case.

    How can I prepare to OC, what can I expect, and what are the risks?

    Open Carry in California is still quite uncommon. This means that people who notice that you are carrying (and most won’t even notice) may be surprised, unsettled, or interested and inquisitive. Be polite, friendly, and if you like, share with them that, yes, it is legal to carry this way in California.

    You may also have encounters with law enforcement officers. You must be prepared for this. Know all the laws. Carry the flyers and memos with you. Many Open Carriers carry personal voice recorders to record their police encounters. You may be detained. You legally must allow police officers to inspect your firearm to ensure that it is unloaded (where applicable per 12031). You may even be arrested. This shouldn’t happen if you follow all the laws, but from many of the experiences shared on the OpenCarry.org forums, it appears that many police officers do not know or do not understand the law. Remain patient, and if you can, share with them what you know. If however you are placed under arrest, immediately stop talking.

    If you are unwilling to accept this risk of false arrest, or are unable to bear the significant financial burden for your legal defense, then don't Open Carry in California.

    You also must be sure not to OC where firearms are not allowed, like "school zones" or government buildings. Carry a 12026.1 compliant locking case in your vehicle to store your handgun in when necessary.

    Personal accounts of police encounters: oc3068, OPS MARINE, OPS MARINE, RaycerX96, bad_ace, Army's LAPD video, OPS MARINE, OPS MARINE, wolfeinstein, bad_ace, bad_ace, dirtykoala, bad_ace, pullnshoot25, Larry, dirtykoala, arkangel88, demnogis, pullnshoot25, pullnshoot25, bad_ace, flintlock tom, pullnshoot25 (result), The Nomadd, Dessun, pullnshoot25, pullnshoot25, demnogis, oilfieldtrash11, Mykal, Legend_AB, demnogis, pullnshoot25, demnogis, Roy, D53, Theseus, Theseus, pullnshoot25, CA_Libertarian, Prophet, 4thSeal, Hellrazor, ConditionThree

    LEO encounters that resulted in arrest, currently unresolved: Mike, 74 year old man,

    Cases which resulted in false arrest, with no charges filed: giaking70, VigilanceOfFreedom, mpmsc, Lin, bobbarker

    Important: Despite being on private property (which is exempted from 626.9) and not having knowledge of school property 519 feet away (knowledge is required for guilt under 626.9), Theseus has been convicted of 626.9 (possessing a firearm within 1000 feet of a school). For details see this thread. This demonstrates how hostile the California courts are to firearms activists. Be very careful to stay away from school zones until this bad law is struck down. Theseus plans to appeal. You can help by donating to his defense fund.

    The law enforcement community appear to be learning. See the following memos:

  • Sacramento Police Department Memo on Open Carry
  • Sacramento Regional Terrorism Threat Assessment Center Open Carry Bulletin
  • California Peace Officers Association Open Carry Memo
  • Los Angeles District Attorney Open Carry Memo
  • Los Angeles Sheriff's Department Open Carry Memo
  • San Diego Police Department Open Carry Bulletin
  • Orange County Sheriff's Department Open Carry Bulletin
  • Oceanside Police Department Open Carry Training Memo
  • San Diego District Attorney Open Carry Training Bulletin
  • Sunnyvale Department of Public Safety OC Memo - Except for the misinterpretation of 537e and 12090, this memo has the best information and tone of all the LEA memos to date.

    Know the legal risks. Read the current CalGuns Foundation UOC Cautionary Statement and request to stand down until 2A incorporation is re-won. Many in the California Open Carry community including all of it's original members concur, and ask that we do not open carry at least until after incorporation, which should be after June 2010. Some of the reasons for this are detailed here.

    • My question isn't answered in this FAQ or in any of the documents on this site.

    Go to OpenCarry.org's California Forum and ask. To contact CaliforniaOpenCarry.org's site administrator email admin at california open carry dot org. (CaliforniaOpenCarry.org is not affiliated with OpenCarry.org.)

    Legal Disclaimer

    The information on this site is not legal advice. This site contains information about the law. The purpose of presenting this information is to help the law abiding gun owner exercise his or her rights, while still remaining within the law. The authors have gone to great lengths to assure that the information is accurate and complete. However, legal information is not same as legal advice, which is the application of law to an individual's specific circumstances. Consult an attorney for legal advice.