PC 26350 Open Carry Unloaded Handgun: Criminal Defense Lawyers Explain Penal Code 26350 Law, Penalty & Criminal Defense

In California, it is illegal to openly carry a handgun without a valid California Concealed Weapon permit (CCW) [PC 26350]. This is true even if the handgun is unloaded.

Note: PC 26350 specifically covers handguns; however, similar California laws make it illegal to openly carry any firearm, regardless of whether the firearm is loaded or unloaded, without a valid CCW. For more information, See Carry Loaded Firearm.

The following summary covers the law, penalties & common defenses related penal code 26350. For further information, please contact our California criminal defense lawyers for a free consultation.

PC 26350 Law (Abbrev.)

According to California law, a person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:

A public place or public street in an incorporated city or city and county (PC 26350(a)(1)(A)).

A public street in a prohibited area of an unincorporated area of a county or city and county (PC 26350(a)(1)(B)).

A public place in a prohibited area of a county or city and county (PC 25350(a)(1)(C)).

A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:

A public place or public street in an incorporated city or city and county (PC 25350(a)(2)(A)).

A public street in a prohibited area of an unincorporated area of a county or city and county (PC 26350(a)(2)(B)).

A public place in a prohibited area of a county or city and county (PC26350(a)(2)(C)).

To prove the defendant is guilty of open carry of an unloaded handgun in a vehicle, the district attorney will need to prove, beyond a reasonable doubt, the following:

The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person, and

The person is not in lawful possession of that handgun.

Example I: David does not have a CCW, but he travels from an “open carry” state to California with his unloaded handgun and he keeps his handgun in a holster on his hip in plain sight while he shops at a supermarket in San Bernardino County, CA.

Result: David is in violation of openly carrying an unloaded handgun without a valid permit in violation of PC 26350.

Note: In the above example, if David’s handgun was loaded at the time he openly carried, then David would be in violation of PC 25400 (Carrying a Loaded Firearm). This is true even if David’s “firearm” was not a handgun because PC 25400 applies to any firearm, including handguns.

Example II: David has his unloaded handgun on the passenger seat of his vehicle. The ammo to the handgun is in the glovebox. David has no CCW.

Result: David is in violation of openly carrying a handgun in a vehicle violation of PC 26350 because both the handgun and the ammunition to the handgun are in the “immediate reach” of David.

Multiple Handguns: Every openly carried handgun in the defendant’s possession, without a permit, constitutes a separate PC 26350 crime.

Exceptions: Persons with legal permission to openly carry a handgun are not in violation of penal code 26350 when they openly carry handguns, including law enforcement officers, authorized military personnel, permitted hunters in permitted locations, actors on closed sets, and more.

Public Place: A “public place,” as used in PC 26350 is liberally defined. A public place can include private property that is accessible to the public without a fence or barrier.

Exceptions: As stated, a public place is liberally defined, but it does not include places where handguns and other firearms are commonly used with premises permission, such as gun shows, firearm shops, shooting ranges, firearm repair and authorized pawn shops, etc.

PC 26350 Penalties

Misdemeanor Classification: Openly carrying an unloaded handgun without a permit is classified as a misdemeanor. If found guilty of penal code 26350, the defendant may face up to one (1) year in the county jail.

Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail sentence. A probation sentence is available to some criminal defendants after a conviction openly carrying a handgun.

Whether the defendant receives a probation sentence or a jail sentence after a PC 26350 conviction depends on many factors, including the disposition of any plea bargain, the defendant’s criminal history, and more.

Additional Penalties: In addition to a possible jail or probation sentence after a conviction for PC 26350, the defendant may also face indirect and direct consequences, including deportation from the US (for non-US citizens), loss of firearm rights (up to ten years), criminal protective orders (CPO), loss of military service, loss of a professional license, civil lawsuits, court fines and fees and more.

PC 26350 Defense

Common defenses to PC 26350 charges include illegal search and seizure, insufficient evidence to prove defendant possessed a handgun or possessed a handgun “in public.” coerced confession, failure of law enforcement to properly Mirandize the defendant, “fleeting possession,” self-defense, statute of limitations (one year), and more.

For more information on defenses to PC 26350, see Defenses to Crime.

Post-Conviction Relief: After a conviction for openly carrying a handgun, the defendant might have some post-conviction relief options, including withdrawing a guilty plea, appeal a misdemeanor conviction, expungement of a misdemeanor crime, and more.

To learn more about California penal code section 26350, carry a openly carrying an unloaded handgun, contact our CA criminal defense lawyers today for a free case evaluation.

Our successful and highly experienced criminal defense lawyers, including winning trial lawyers, handle all misdemeanor and felony firearm offenses in the cities and courts of Riverside, San Bernardino, Orange & LA, including Rancho Cucamonga, Ontario, Fontana, Rialto, Redlands, Yucaipa, Victorville, and more. Call today!

909-913-3138

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PC 26350 Open Carry Unloaded Handgun: Criminal Defense Lawyers Explain Penal Code 26350 Law, Penalty & Criminal Defense