California Penal Code §26350 — Open Carry of Unloaded Firearm
Openly carrying an exposed and unloaded handgun in any public place or public street in an incorporated city — misdemeanor under §26350(a), up to 1 year county jail.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Open Carry of Unloaded Firearm Cases in All LA County Courts
01 — Quick Facts
PC §26350 — Open Carry of Unloaded Firearm at a Glance
| Fact | Detail |
|---|---|
| Code | PC §26350 |
| Classification | Misdemeanor |
| Sentence | Up to 1 yr county jail + $1,000 fine |
| Strike | No |
| Loaded Version | PC §26400 (long gun) / §25850 (loaded) |
| Firearm Ban | 10 yrs (§29805) |
01 — What Is PC §26350?
What Is California Penal Code §26350?
PC §26350 Reads:
"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 any of the following areas: (1) A public place or public street in an incorporated city or city and county. (2) A public street in a prohibited area of unincorporated territory of a county. (3) A public place in a prohibited area of a county."
— Penal Code §26350(a)
PC §26350 was enacted in 2011 (AB 144) to close the 'open carry loophole' that permitted openly carrying unloaded handguns in public. It applies to handguns; PC §26400 covers unloaded long guns in the same manner. Loaded open carry is separately prohibited under PC §25850.
Public Place Requirement
The offense requires open carry in a public place or public street within an incorporated city — private property and unincorporated non-prohibited areas remain outside §26350.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §26350
The prosecution must prove:
Handgun
The firearm was a handgun as defined by PC §16640.
Exposed
The handgun was visible, not concealed.
Unloaded
No round in chamber or attached magazine.
Public Place
Public street or public place in incorporated city or prohibited county area.
Not Otherwise Exempted
Not falling within §26361-§26391 exemptions.
04 — Penalties
Penalties for PC §26350 Open Carry of Unloaded Firearm in California
§26350 is a misdemeanor with enhancements for possessing ammunition with the exposed firearm.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §26350 — Base | PC §26350(a)(1) | Up to 1 yr county jail + $1,000 fine | Available | No |
| §26350 With Ammunition | PC §26350(a)(2) | Up to 1 yr county jail (minimum term applies) | Available | No |
| Second Offense | PC §26350(a)(2)(B) | 3 mo minimum county jail | Available | No |
Related Enhancements
Ammunition Present
PC §26350(a)(2)
Where ammunition is on the person's body or within readily-accessible distance — mandatory minimum applies.
Firearm Prohibition
PC §29805
10-year firearm ban following conviction.
Concurrent §25400
PC §25400
If firearm was actually concealed at any point.
Collateral Consequences
- 10-year California firearm prohibition (§29805)
- Federal firearm ban if conviction becomes felony (§29800)
- CCW license denial or revocation
- Professional license impact for security/law enforcement
- Immigration: potential firearm-offense inadmissibility
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §26350 Open Carry of Unloaded Firearm Charges
§26350 defenses attack the elements and statutory exemptions.
Not in Public Place
Private property, on-duty exemptions, or unincorporated non-prohibited area.
Location
Not Openly Carried
Firearm was actually concealed — different statute applies.
Concealment
Statutory Exemption
License holder, hunter, range user, or otherwise exempted under §26361-§26391.
Exempt
Fourth Amendment
Suppression of firearm evidence for unlawful search.
4A
Diversion / §1001.95
Judicial diversion may be available under PC §1001.95 for eligible defendants.
Diversion
Reduction to Infraction
Under PC §17(d), some §26350 cases may be reduced to infraction where facts warrant.
Reduction
Constitutional Sources
07 — Court Process
How PC §26350 Open Carry of Unloaded Firearm Cases Move Through Los Angeles Courts
§26350 cases proceed as misdemeanor filings.
- 1
Step 1 — Arrest
Officer observes exposed handgun and detains for investigation.
- 2
Step 2 — Filing
DA files misdemeanor §26350 based on officer observations.
- 3
Step 3 — Arraignment
Not-guilty plea entered; O.R. release typical.
- 4
Step 4 — Motions
§1538.5 suppression, exemption defenses, and §17(d) infraction reduction.
- 5
Step 5 — Pretrial
Diversion under §1001.95 or plea negotiations.
- 6
Step 6 — Trial
Bench or jury trial.
- 7
Step 7 — Sentencing
Probation with firearm surrender typical.
Los Angeles Courts That Handle PC §26350 Open Carry of Unloaded Firearm Cases
§26350 cases are handled in LA County misdemeanor courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Open Carry of Unloaded Firearm Defense Attorney
Daniel S. Rubin has defended clients charged with open carry of unloaded 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 §26350 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Open Carry of Unloaded Firearm Cases Throughout LA County
See our full Open Carry of Unloaded Firearm defense practice
09 — FAQs
PC §26350 Open Carry of Unloaded Firearm Questions — Los Angeles
Is open carry legal anywhere in California?
Open carry of an unloaded handgun is prohibited by §26350 in public places and public streets in incorporated cities and prohibited county areas. Limited exemptions apply for private property, range use, and hunting.
What is the difference between §26350 and §25400?
§26350 covers openly-carried (visible) unloaded handguns in public. §25400 covers concealed carry regardless of load status. Loaded open carry falls under §25850.
Can §26350 be reduced to an infraction?
Yes — PC §17(d) permits reduction to infraction where the prosecutor and defendant agree or the court orders. Not automatic; requires motion and favorable facts.
Do I lose my firearm rights?
Yes — §29805 imposes a 10-year California firearm prohibition following conviction. Federal ban may follow if the offense is later reclassified as domestic-violence related (rare for §26350).
Is diversion available?
PC §1001.95 judicial diversion may be available for eligible defendants. This is not automatic and depends on the court's discretion and the defendant's history.
What about the Second Amendment?
In Peruta v. County of San Diego and Young v. Hawaii, federal courts have upheld state open-carry restrictions. Following NYSRPA v. Bruen (2022), California open-carry restrictions may face renewed constitutional challenge, but §26350 remains enforceable pending further litigation.
Available 24/7 — Free Consultation
Charged with PC §26350 Open Carry?
10-year firearm ban exposure. Rubin Law, P.C. defends with exemption defenses and diversion. Free consult (213) 723-2337.