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

On January 2, 2026, the Ninth Circuit Court of Appeals struck down California’s open carry ban for counties with over 200,000 residents in the case Baird v. Bonta. However, because the California Attorney General immediately petitioned for an en banc rehearing, the ruling has been paused. Open carry currently remains illegal in California and the ban is still being fully enforced pending the appeal.

It is generally illegal in California to carry firearms in public, regardless of whether they are loaded, unloaded, openly carried or concealed. That said, there is still an exception that allows counties with populations of less than 200,000 to issue licenses to people to open-carry loaded handguns (not long guns).

1. Legality of Open Carry

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.

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.)

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

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

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. Recent Law Changes

On January 2, 2026, a three-judge panel of the Ninth Circuit Court of Appeals issued a major ruling in Baird v. Bonta, holding that California’s ban on openly carrying firearms in populous counties violates the Second Amendment. As a Ninth Circuit decision, its holding directly applies to California.

Applying the standard set by the 2022 U.S. Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen, the Ninth Circuit determined there is no historical tradition of broadly banning the open carry of firearms in public. Therefore, the court ruled that California’s “urban open-carry ban”—which strictly prohibits open carry in counties with populations over 200,000—is unconstitutional.

However, the court upheld the state’s existing licensing scheme for rural areas, meaning the permit system for carrying exposed handguns in counties with populations under 200,000 remains valid and constitutional.

Even though the Ninth Circuit struck down the urban ban, open carry remains illegal in California at this time.

On January 16, 2026, California Attorney General Rob Bonta filed a petition for an en banc rehearing (asking the full 11-judge panel of the Ninth Circuit to review the case). Because of this pending appeal, the court’s official mandate has been paused. The California Department of Justice has instructed law enforcement to continue enforcing the open carry ban until the final legal process concludes.¹²

3. Open Carry Penalties

4. Open Carry 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.

Frequently Asked Questions

Can I openly carry a firearm right now based on the recent Baird v. Bonta court ruling?

No. While the Ninth Circuit Court of Appeals ruled in January 2026 that California’s ban on open carry in populated counties is unconstitutional, the state immediately appealed the decision. Because of this pending appeal, the court’s ruling has been paused.

Until the court issues a final mandate, open carry remains illegal in most of California, and law enforcement will continue to arrest and charge individuals who violate the ban.

Does a standard California CCW permit allow me to openly carry my gun?

No. A standard Concealed Carry Weapon (CCW) permit in California only allows you to carry a concealed handgun. It does not give you the right to carry the weapon openly or exposed in public. Intentionally exposing your firearm can lead to criminal charges and the immediate revocation of your CCW permit.

Are there any exceptions for openly carrying a gun while hunting or camping?

Yes, but they are very specific. You are generally allowed to openly carry an unloaded firearm while lawfully hunting with a valid California hunting license.

Additionally, you may carry a loaded firearm openly within your own immediate campsite, as the law treats a temporary campsite similarly to your private residence. However, this exception does not apply to merely hiking on trails in state or national parks.

How do the population rules for open carry licenses work?

California law allows the sheriff or police chief of a county with a population of under 200,000 people to issue special licenses to openly carry an exposed, loaded handgun. However, it is crucial to understand that these licenses are strictly limited to the county where they were issued.

If you cross county lines into a jurisdiction with more than 200,000 residents (such as Los Angeles or Orange County), your open carry license is no longer valid.

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