California Penal Code §25850 — Carrying a Loaded Firearm
PC §25850 makes it a crime to carry a loaded firearm on your person or in a vehicle in any public place or on any public street in an incorporated city or in a prohibited area of unincorporated territory. The default offense is a misdemeanor (up to 1 year county jail), but §25850(c) elevates it to a straight felony when the defendant is a prior felon, prohibited person, gang member, or in possession of a stolen firearm.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Carrying a Loaded Firearm Cases in All LA County Courts
01 — Quick Facts
PC §25850 — Carrying a Loaded Firearm at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §25850 — Carrying a Loaded Firearm in Public |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (misdemeanor or felony depending on §25850(c) aggravators) |
| Misdemeanor Penalty | Up to 1 year county jail and/or $1,000 fine |
| Felony Penalty | 16 months, 2, or 3 years county jail under PC §1170(h) |
| Loaded Definition | PC §16840 — round in chamber or magazine attached |
| Strike | No — unless charged with §186.22 gang enhancement |
| Firearm Prohibition | 10 years (misdemeanor) or lifetime (felony) |
| Immigration | Firearm offense — deportable for non-citizens (8 USC §1227(a)(2)(C)) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §25850?
What Is California Penal Code §25850?
PC §25850 Reads:
"A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory."
— California Penal Code §25850(a)
PC §25850 prohibits carrying a loaded firearm in public. Unlike §25400, the firearm need not be concealed — open carry of a loaded firearm in a city is a §25850 violation. A firearm is 'loaded' under PC §16840 when there is an unexpended cartridge in the firing chamber or in an attached magazine or clip. Ammunition merely present in the vehicle but not attached is generally not 'loaded'.
Loaded vs. Unloaded Carry
PC §25850 covers loaded carry. Open carry of an unloaded firearm is covered by PC §26350 (handgun) or PC §26400 (long gun). Concealed carry is covered by §25400. When a firearm is both concealed AND loaded, §25400 and §25850 are frequently charged concurrently.
PC §25850 — Loaded Firearm Public Carry
Loaded firearm carried on person or in vehicle in a public place or public street of an incorporated city. Wobbler under §25850(c). Loaded means round in chamber or attached magazine (§16840).
PC §25400 — Concealed Firearm Carry
Concealed firearm on person or in vehicle. Loaded status irrelevant to base offense. Wobbler under §25400(c). Frequently charged concurrently with §25850.
Why §25850 Cases Turn on 'Loaded' + Public-Place Elements
Every §25850 case hinges on (1) whether the firearm was 'loaded' as defined by PC §16840, and (2) whether the location qualifies as a 'public place' or 'public street' in an incorporated city or prohibited unincorporated area. Officer inspection of the chamber and magazine at the scene is the People's proof — chain of custody, magazine-attached vs. detached, and location classification are the primary defense angles. Rubin Law, P.C. attacks each element and pursues Fourth Amendment suppression aggressively.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §25850
To convict under PC §25850, the prosecution must prove each of the following elements beyond a reasonable doubt.
The Defendant Carried a Loaded Firearm
A firearm is 'loaded' when there is an unexpended cartridge in the firing chamber OR in an attached magazine, clip, or feeding device (PC §16840). A magazine merely present in the vehicle but detached from the firearm is generally NOT 'loaded'.
The Carry Was on Person or in a Vehicle
Carrying can be actual (on the person) or in a vehicle under the defendant's control. Constructive possession requires knowledge plus control. Mere presence of a firearm in a vehicle with other occupants is insufficient.
The Location Was a Public Place or Public Street in an Incorporated City
The carry must occur in a 'public place' or on a 'public street' in an incorporated city OR in a prohibited area of unincorporated territory as declared by CA Fish & Wildlife. Private property, private roads, and non-prohibited unincorporated county are excluded.
04 — Penalties
Penalties for PC §25850 Carrying a Loaded Firearm in California
PC §25850 is a wobbler. The default is a misdemeanor, but §25850(c) enumerates aggravators that make the offense a straight felony.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §25850 | PC §25850(c)(7) | Up to 1 year county jail | Available (typically 3 years summary) | No |
| Felony §25850 — Prior Felony | PC §25850(c)(1) | 16 months, 2, or 3 years county jail | Limited | No |
| Felony §25850 — Stolen Firearm | PC §25850(c)(2) | 16 months, 2, or 3 years county jail | Available | No |
| Felony §25850 — Active Gang Member | PC §25850(c)(3) | 16 months, 2, or 3 years county jail | Rare | No (unless §186.22) |
| Felony §25850 — Prohibited Person | PC §25850(c)(4) | 16 months, 2, or 3 years county jail | Limited | No |
Enhancements That Increase §25850 Exposure
Gang Enhancement
PC §186.22(b)
Adds 2, 3, or 4 years for §25850 committed for the benefit of a criminal street gang; makes the offense a strike.
Prior Serious/Violent Felony
PC §667(a)
Adds 5 years consecutive when felony §25850 follows a §667.5(c) or §1192.7(c) prior.
Second Strike
PC §667(e)(1)
Doubles the term when defendant has one prior strike.
Federal Prosecution
18 USC §922(g)
Prior-felon or DV-prohibited defendants face parallel federal exposure up to 10 years.
Concealed Firearm Concurrent Charge
PC §25400
Charged concurrently when firearm is both loaded AND concealed.
Firearm Use During Crime
PC §12022
If §25850 offense involves firearm use during another felony, +1 year consecutive.
Beyond the Sentence
- 10-year California firearm prohibition (misdemeanor) or lifetime (felony)
- Federal firearm prohibition if felony §25850(c)(1) or (c)(4) applies
- Deportation for non-citizens under 8 USC §1227(a)(2)(C)
- Mandatory firearm surrender under PC §29810 to CA DOJ
- Loss of security guard / peace officer / real estate / contractor licenses
- Public housing ineligibility for felony conviction
- Immigration inadmissibility on any felony firearm conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §25850 Carrying a Loaded Firearm Charges
PC §25850 cases turn on the 'loaded' definition, public-place jurisdiction, and §25850(c) aggravators.
Firearm Not 'Loaded' Under §16840
Magazine detached from firearm at the moment of inspection, or no round in chamber and no attached magazine. Ammunition in a separate compartment is not 'loaded'.
PC §16840
Not a Public Place / Location Defense
Carry occurred on private property, private road, or non-prohibited unincorporated county. Jurisdiction and location boundary defenses.
PC §25850(a)
No Knowing Possession
Passenger, borrowed vehicle, or shared space — no knowledge or control. Fingerprints and DNA can exonerate.
CALCRIM 2530
Fourth Amendment Suppression
Traffic stop pretext, warrantless search beyond scope, or Terry-frisk exceeding boundaries. Rodriguez v. United States prolongation defense.
PC §1538.5
§25850(c) Aggravator Not Proven
Attack the aggravator — firearm not stolen, no qualifying prior, not gang-motivated. Reduces felony to misdemeanor.
PC §25850(c)
Statutory Exemptions
Peace officers (§25900), active-duty military (§25900), licensed CCW holders (§26150), and enumerated professional exemptions.
PC §25900 / §26150
Constitutional Sources
07 — Court Process
How PC §25850 Carrying a Loaded Firearm Cases Move Through Los Angeles Courts
§25850 cases follow either the misdemeanor or felony track depending on §25850(c) aggravators.
- 1
Step 1 — Traffic Stop / Detention
Most §25850 cases originate with a traffic stop or gang-suppression detention. Officer inspection of the firearm at the scene is the primary evidence.
- 2
Step 2 — Arrest & Booking
Firearm seized. ATF tracing initiated. Magazine and chamber status documented in police report and body cam.
- 3
Step 3 — Filing Decision
DA reviews §25850(c) aggravators. Prior conviction check, gang database check, and firearm registration determine misdemeanor vs. felony.
- 4
Step 4 — Arraignment
Bail typically $25,000-$50,000 for felony filings; OR release common for misdemeanor.
- 5
Step 5 — Preliminary Hearing / Motion Practice
PC §1538.5 suppression, §995 dismissal, Pitchess motions, and gang-expert challenges under People v. Sanchez frame the case.
- 6
Step 6 — Resolution
Suppression → dismissal; §17(b) reduction plea; DEJ under §1000 unavailable; PC §1001.36 mental health diversion sometimes available.
Los Angeles Courts That Handle PC §25850 Carrying a Loaded Firearm Cases
§25850 cases are prosecuted at LA County criminal courthouses.
Clara Shortridge Foltz Criminal Justice Center
Central LA — largest firearm calendar in the state.
Van Nuys Courthouse
San Fernando Valley firearm cases.
Long Beach Courthouse
South Bay firearm cases.
Compton Courthouse
Compton and South LA firearm calendar.
Pomona Courthouse
Eastern LA County firearm cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Carrying a Loaded Firearm Defense Attorney
Daniel S. Rubin has defended clients charged with carrying a loaded firearm and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §25850 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Carrying a Loaded Firearm Cases Throughout LA County
09 — FAQs
PC §25850 Carrying a Loaded Firearm Questions — Los Angeles
What counts as 'loaded' under PC §25850?
PC §16840 defines 'loaded' as a firearm with an unexpended cartridge or shell in the firing chamber OR in a magazine or clip attached to the firearm. A magazine or ammunition merely present in the vehicle but not attached to the firearm is generally NOT 'loaded' for §25850 purposes. This distinction is often the primary defense — officer inspection sequence and body cam footage are critical.
Does §25850 apply on private property?
No. §25850 applies only in 'public places' or on 'public streets' in incorporated cities, or in prohibited unincorporated areas designated by CA Fish & Wildlife. Carrying a loaded firearm on your own private property, in a private business with permission, or in non-prohibited rural unincorporated county is generally not a §25850 violation.
What is §25850(c) and why does it matter?
PC §25850(c) lists aggravators that turn §25850 from a misdemeanor into a straight felony: (1) prior felony conviction; (2) firearm stolen; (3) active participant in a criminal street gang; (4) prohibited person under §29800/§29805; (5) firearm not registered under §11106; and other combinations. If none apply, §25850 is a misdemeanor.
Can I open-carry a loaded firearm in California?
No, not in incorporated cities. PC §25850 prohibits carrying a loaded firearm in public — concealed OR open — in incorporated cities and prohibited unincorporated areas. California banned open carry of loaded firearms in cities via §12031 (now renumbered §25850) in 1967. Open carry of loaded firearms is separately banned in most public places even in unincorporated county.
Will a §25850 conviction affect my immigration status?
Yes. Any firearm conviction — including misdemeanor §25850 — is a deportable offense under 8 USC §1227(a)(2)(C) and grounds for inadmissibility. Non-citizens must consult immigration counsel BEFORE any plea. Rubin Law, P.C. structures pleas to minimize or eliminate immigration consequences under Padilla v. Kentucky (2010).
Can §25850 be charged if I have a valid CCW permit?
No — a valid California CCW permit issued under PC §26150 or §26155 is a complete defense to both §25400 (concealed) and §25850 (loaded). Note that permits are county-specific and do NOT extend to schools, courthouses, federal facilities, or 'gun-free zones' under §626.9. Active-duty peace officers are exempt under §25900.
What is the officer allowed to do to check if my firearm is loaded?
PC §25850(b) grants peace officers the express authority to examine any firearm carried by anyone on the person or in a vehicle in a public place to determine whether it is loaded. Refusal to allow examination is itself grounds for arrest. However, the initial detention still requires reasonable suspicion, and Fourth Amendment protections apply to the stop.
Can §25850 be reduced to a misdemeanor?
Yes if charged as a §25850(c) wobbler felony. On successful PC §17(b) motion, the felony is reduced to a misdemeanor for all state-law purposes. However, PC §17(b) reduction does NOT restore federal firearm rights and does NOT undo prior immigration consequences. Under PC §1170(h), any sentence runs in county jail, not state prison.
Available 24/7 — Free Consultation
Charged Under PC §25850 Carrying a Loaded Firearm?
'Loaded' definition disputes, public-place jurisdiction defenses, and §25850(c) aggravator challenges determine misdemeanor vs. felony. Call Rubin Law, P.C. — free consult (213) 723-2337.