California strictly regulates when and where a person may carry a firearm. Different laws apply to concealed firearms, loaded firearms, open carry, carrying with a CCW license, transporting firearms in a vehicle, and possession by someone who is legally prohibited from having a gun.
California firearm laws have changed substantially over the years.
Older references to Penal Code sections such as 12021, 12025 and 12031 no longer reflect the current organization of California’s firearm statutes.
Today, some of the most important laws governing the carrying and possession of firearms include Penal Code section 25400, which addresses carrying concealed firearms, section 25850, which addresses carrying loaded firearms in public, and sections 29800 and 29805, which prohibit firearm possession by certain people.
Whether carrying a particular firearm is lawful depends on several factors, including the type of firearm, whether it is loaded or concealed, where it is being carried, whether the person has a valid Carry Concealed Weapon (CCW) license, and whether the person is legally permitted to possess firearms at all.
Is It Illegal to Carry a Concealed Firearm in California?
California Penal Code section 25400 generally prohibits carrying a concealed handgun or other firearm capable of being concealed upon the person.
The statute can also apply when a concealed firearm is carried within a vehicle under a person’s control or direction.
There are exceptions and exemptions, including circumstances involving a valid California CCW license.
A concealed-firearm charge therefore requires an analysis of both the circumstances in which the firearm was carried and whether a statutory exception or exemption applies.
Can You Carry a Concealed Gun With a California CCW License?
A valid California Carry Concealed Weapon license can authorize a person to carry specified firearms concealed in accordance with the license and California law.
California CCW licenses are generally issued through county sheriffs or qualifying municipal police departments.
California does not recognize concealed-carry permits issued by other states.
Having a CCW license also does not mean a person may carry a firearm everywhere.
California law restricts firearm possession in various locations, and additional rules apply to CCW holders in certain places.
A license holder must comply with the terms of the license and current California restrictions.
Is It Illegal to Carry a Loaded Firearm in Public?
Penal Code section 25850 generally prohibits carrying a loaded firearm on the person or in a vehicle while in a public place or on a public street in an incorporated city or in certain prohibited areas of unincorporated territory.
Whether a firearm is considered “loaded” is governed by California law and can depend on how the firearm and ammunition are configured.
There are statutory exceptions to the loaded-firearm prohibition.
Whether an exception applies depends on the circumstances.
Is Open Carry Legal in California?
California generally restricts openly carrying firearms in public.
The state’s open-carry laws have been the subject of ongoing constitutional litigation, but California’s restrictions currently remain in effect.
Because litigation involving these laws can change their application, a person should not rely on older articles, court decisions, or information found online when determining whether open carry is lawful.
Can You Carry a Gun in Your Car?
California law distinguishes between unlawfully carrying a firearm and lawfully transporting one.
A person who is legally permitted to possess firearms may generally transport a handgun in a motor vehicle when the handgun is:
- Unloaded, and
- Stored in the vehicle’s locked trunk or in a locked container
A “locked container” generally means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
A vehicle’s trunk can qualify.
The glove compartment or utility compartment does not qualify as the required locked container.
What About Transporting Rifles and Shotguns?
California’s transportation rules differ for firearms that are not capable of being concealed upon the person.
Rifles and shotguns generally are not subject to Penal Code section 25400’s concealed-handgun transportation requirements in the same way as handguns.
However, they generally must be unloaded while being transported.
Additional restrictions can apply depending on the firearm, destination, location, and other circumstances.
Registered assault weapons are subject to substantially more restrictive transportation rules.
Can a Prohibited Person Carry or Possess a Firearm?
No.
Even if the manner in which a firearm is being transported or carried would otherwise be lawful, a person who is prohibited from possessing firearms can face criminal charges merely for possessing or controlling the firearm.
Penal Code section 29800 generally prohibits firearm possession by people with qualifying felony convictions and certain other prohibited statuses.
Penal Code section 29805 imposes firearm prohibitions following numerous specified misdemeanor convictions.
Other prohibitions can arise from:
- Domestic violence convictions
- Restraining or protective orders
- Certain juvenile adjudications
- Conditions of probation
- Certain mental-health-related circumstances
- Federal firearm law
For a more detailed discussion, see our guide to California gun rights after a criminal conviction.
Can You Carry a Firearm While Subject to a Restraining Order?
A restraining or protective order can independently prohibit a person from owning, purchasing, receiving, or possessing firearms and ammunition.
This issue frequently arises in domestic violence cases.
Someone subject to a qualifying firearm prohibition cannot avoid that restriction merely by carrying the firearm in a manner that would otherwise comply with California’s carry laws.
For information about firearm restrictions arising from domestic violence cases, see our guide to firearm rights after a domestic violence conviction.
What Are California’s Sensitive-Place Restrictions?
A valid CCW license does not provide unrestricted authority to carry a firearm in every location.
California law restricts firearms in various sensitive places and other specifically regulated locations.
Depending on the circumstances, restrictions can involve locations such as:
- Courthouses and certain government buildings
- Schools and school grounds
- Airports and passenger terminals
- Polling places
- Other locations specifically identified by California law
The rules governing these locations have changed in recent years and have also been the subject of litigation.
A CCW holder should therefore determine whether carrying is lawful at a particular location rather than assuming the license permits carrying everywhere.
What Is Brandishing a Firearm?
Carrying a firearm and brandishing a firearm are different offenses.
Penal Code section 417 generally prohibits drawing or exhibiting a firearm or other deadly weapon in a rude, angry, or threatening manner in the presence of another person, except in lawful self-defense.
A person can therefore lawfully possess a firearm initially but still face criminal charges based on how the firearm is displayed or used.
The precise charge and potential consequences depend on the weapon and circumstances.
What If the Gun Is Stolen?
Carrying a stolen firearm can substantially increase the seriousness of a criminal case.
California’s concealed and loaded firearm statutes contain provisions that can increase the consequences when the firearm is stolen and the defendant knew or had reasonable cause to believe it was stolen.
A case involving a stolen firearm can also result in additional criminal charges depending on the circumstances.
Are Concealed and Loaded Firearm Charges Always Felonies?
No.
California firearm offenses can be misdemeanors or felonies depending on the statute and circumstances.
Factors that can affect the seriousness of a charge include:
- Prior felony convictions
- Prior firearm convictions
- Whether the firearm was stolen
- Whether the person was otherwise prohibited from possessing firearms
- Whether the firearm was loaded
- Other circumstances specified by California law
The exact charge should therefore be evaluated rather than assuming that carrying a firearm is automatically either a misdemeanor or felony.
Can a Firearm Carry Conviction Affect Future Gun Rights?
Yes.
In addition to fines, custody, probation, or other criminal consequences, certain firearm convictions can result in a separate prohibition on possessing firearms.
California law has expanded these restrictions in recent years.
For example, specified misdemeanor convictions for unlawful concealed carry, loaded carry, and certain open-carry offenses occurring on or after January 1, 2024 can result in a 10-year California firearm prohibition.
This means the consequences of a firearm case can continue long after the criminal sentence itself has been completed.
What Are Defenses to California Firearm Carrying Charges?
The available defense depends on the charge and facts of the case.
Potential issues can include:
- Whether the defendant actually possessed or controlled the firearm
- Whether the defendant knew the firearm was present
- Whether the firearm was actually concealed
- Whether the firearm met the legal definition applicable to the charge
- Whether the firearm was actually loaded
- Whether the defendant had a valid license
- Whether a statutory exception or exemption applied
- Whether police lawfully stopped or searched the defendant or vehicle
Evidence obtained through an unlawful detention or search may be subject to a motion to suppress.
The appropriate defense depends on the specific circumstances of the arrest.
What If Police Find a Gun During a Traffic Stop?
Many firearm cases begin with a traffic stop.
Finding a firearm inside a vehicle does not automatically establish that every occupant possessed it.
Important questions can include:
- Where the firearm was located
- Who owned the vehicle
- Who owned the firearm
- Whether the defendant knew the firearm was present
- Whether the defendant exercised control over it
- Whether the firearm was loaded or concealed
- Whether officers had legal grounds to search the vehicle
These factual and constitutional issues can be critical to the defense.
California Firearm Laws Continue to Change
California’s firearm statutes have changed substantially since many older gun-law articles were written.
Court challenges can also affect how particular restrictions are enforced.
For that reason, someone facing a firearm charge should rely on the law applicable at the time of the alleged offense rather than assuming older statutory numbers or rules still apply.
Talk to a Fresno Gun Charges Attorney
California firearm cases can involve overlapping laws governing concealed carry, loaded firearms, prohibited persons, vehicle transportation, restraining orders, and firearm possession.
Gregory W. Fox has more than 20 years of experience defending people accused of California criminal offenses.
If you have been arrested or charged with unlawfully carrying or possessing a firearm in Fresno or Central California, visit our Fresno Gun & Weapons Charges Attorney page or call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.
