Gun Laws in California - Open Carry

Open Carry

Open carry of loaded or unloaded firearms in public is generally prohibited.

Personal possession (i.e. carry) of a loaded firearm is prohibited in incorporated areas (such as inside city limits) or prohibited areas of unincorporated territory without a license to carry or other exemption provided for by law. A license to carry "loaded and exposed" may be issued by a Police Chief or County Sheriff in a county with population of less than 200,000 persons at the last census. No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance.

Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (g) of California Penal Code 12031 defines what constitutes a loaded weapon).

In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, although not chambered or placed in a position where it was able to be fired, was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed.

Prior to January 1, 2012, it was legal to openly carry an unloaded handgun in public. In October 2011, Governor Jerry Brown signed a bill that modifies the law on openly carrying an unloaded firearm to match the restrictions for openly carrying a loaded weapon. Legislation was later signed by Governor Brown to expand these restrictions to long guns and shotguns.

Read more about this topic:  Gun Laws In California

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