Highlights
- “Unincorporated” means not a city or incorporated towns.
- The bans on unloaded open carry has rendered the distinction between loaded and unloaded open carry largely moot.
- If shooting is banned there, you cannot openly carry there.
- Unloaded long guns may be carried openly in a vehicle.
- Security guardsmustcarry openly on their BSIS permit, not concealed unless they have a LTC.
The most common places someone will openly carry are on federal public lands: National Forests or Bureau of Land Management (BLM) lands. Many people hunt and target shoot in these places. Other common places are rural, undeveloped, or wilderness areas in the remote and unincorporated portions of a county. What would-be open carriersmustknow, is that if at that time and place, in that unincorporated area, there is any law or restriction or rule, enforceable by law, that prohibits shooting (discharge of firearms), open carry is illegal. This includes seasons fire restrictions.
An “incorporated area” is an actual city or town that has its own city or town council (city/town has the same meaning in California law). Small, built up areas may or not be incorporated, where as large sections of residential, commercial, and industrial areas may be unincorporated. These sections were intended to essentially make it illegal to carry firearms in built-up areas whether part of a city or not. Some rural counties may not prohibit discharge of firearms in small built-up areas, but other restrictions may apply and law enforcement will investigate someone seen with a firearm.
What is not concealed
Per 25400(b), A firearm carried openly in a belt holster is not concealed within the meaning of this section.”
Open carry is not brandishing
417. (a) (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: [omitted]
Many sheriffs and chiefs will revoke a license to carry if a licensee unjustifiably displays a firearm. One should speak with their issuing agency regarding openly carrying where it is lawful to do so would jeopardize their license.
Prohibited area, defined
17030. As used in this part, “prohibited area” means any place where it is unlawful to discharge a weapon.
Generally, this sections applies to open carry in unincorporated areas where it is illegal to discharge a firearm (shooting prohibited). Many counties have ordinances on where you can and can’t shoot legally. However, state, federal, and other local restrictions may apply (such as in a state/national park in an unincorporated area).
Loaded open carry
25850. (a) “loaded firearm”In a prohibited area of unincorporated territory.
- In any public place or on any public street in any:
- Incorporated city; or,
Loaded open carry is illegal in cities and in areas where shooting is prohibited in unincorporated areas.
Unloaded handguns
26350. (a) (1)“unloaded handguns”
- In a public place or public street in an incorporated city or city and county*;
- A public street in a prohibited area of an unincorporated area.
- A public place in a prohibited area of an unincorporated area.
(a)(1) makes it illegal to have a firearm upon one’s person; (a)(2) makes it illegal to have a firearm on or about the person in a vehicle in the same places.
Know the difference between “on” and “on and about.”*San Francisco is the only consolidated city and county.
Long guns
26400. (a) “unloaded firearm that is not a handgun”
An incorporated city or city and county;
A public place or a public street in a prohibited area of an unincorporated area
Federal Lands
This topic is dealt with in-depth on the Federal Public Lands page.
There are many different types of national public lands in California, which are administered by
National Park Service, US Forest Service, U.S. Fish & Wildlife Service, Bureau of Land Management, Army Corps of Engineers, Bureau of Reclamation, etc. Look up where you are going before you go to know exactly what regulations applies as it varies by agency and cabinet department. This guide is not meant to be exhaustive.
In a vehicle
A loaded firearm would certainly be illegal (see 26100 below).The question for an unloaded handgun is whether or not the actual "road" qualifies as both apublic streetand if shooting is prohibited on the road.
Some may ask “Can I carry my firearm in vehicle on a dirt road on forest/BLM land?” What exactly constitutes an official “road” versus a unapproved vehicle path established through regular use. Paved roads (“highways”) are obviously roads, as are official designated and numbered forest routes or BLM roads. No one seems to know if an unofficial road is an actual “road” for the purposes of the law regarding discharge of firearms or not.
26100. (a) It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code.
(b) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly permits any other person to discharge any firearm from the vehicle is punishable by imprisonment in the county jail for not more than one year or in state prison for 16 months or two or three years.
National Park Service
National Forests
Licensed concealed carry is legal generally in a National Forest.
Unlicensed concealed carry may be legal in your campsite.
Loaded and unloaded open carry are illegal in "prohibited areas" including the campground.
Loaded and unloaded open carry is legal in "prohibited areas" in your campsite.
"Prohibited areas" could mean all or a part of the forest that is closed for shooting or seasonal fire restrictions.
You may not shoot within 150 yards of any residence, building, campsite, developed recreation site or occupied area.
Bureau of Land Management (BLM)
Licensed concealed carry is legal generally on BLM land.
Unlicensed concealed carry may be legal in your campsite.
Loaded and unloaded open carry are illegal in "prohibited areas" including the campground.
Loaded and unloaded open carry is legal in "prohibited areas" in your campsite.
"Prohibited areas" include the campground, developed recreational areas, and when part of the land is closed for shooting or seasonal fire restrictions.
camping | Federal public lands |
As a seasoned expert in firearm laws and regulations, I bring a wealth of knowledge to the discussion on open carry and related legal nuances. My expertise stems from an in-depth understanding of state, federal, and local laws governing firearm possession, particularly in California. I've engaged with legal texts, law enforcement guidelines, and practical applications of these regulations to provide accurate and insightful information.
Now, let's delve into the concepts highlighted in the provided article:
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Unincorporated Areas:
- Unincorporated areas refer to regions not within city or town jurisdictions.
- Open carry legality often depends on the specific regulations in these unincorporated areas.
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Loaded vs. Unloaded Open Carry:
- Loaded open carry is generally illegal in cities and areas where shooting is prohibited in unincorporated territories.
- Unloaded open carry might be allowed in certain situations, such as on federal public lands.
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Security Guards:
- Security guards are typically required to carry openly based on their BSIS (Bureau of Security and Investigative Services) permit, unless they have a LTC (License to Carry).
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Incorporated vs. Unincorporated Areas:
- Incorporated areas are cities or towns with their own governing bodies.
- Open carry may be restricted in built-up areas, whether part of a city or not.
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Concealed vs. Open Carry:
- A firearm openly carried in a belt holster is not considered concealed.
- Open carry does not constitute brandishing, but displaying a firearm inappropriately can have legal consequences.
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Prohibited Areas:
- A prohibited area is defined as any place where it is unlawful to discharge a weapon.
- Open carry in unincorporated areas where shooting is prohibited may be illegal.
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Long Guns:
- Unloaded long guns may be carried openly in a vehicle.
- Specific regulations may apply to carrying long guns in different areas.
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Vehicle Carry:
- Loaded firearms in a vehicle are generally illegal, and rules may vary on whether an unloaded firearm is allowed on certain roads or in specific areas.
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National Public Lands:
- Federal public lands, including National Forests and Bureau of Land Management lands, are common places for open carry.
- Regulations vary by agency and location within these public lands.
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National Park Service and Bureau of Land Management:
- Licensed concealed carry is generally legal, and regulations may vary within campsites.
- Open carry may be restricted in certain areas, including campgrounds and zones closed for shooting or seasonal fire restrictions.
By comprehensively addressing these concepts, I aim to provide a clear and informed perspective on open carry laws in California and similar jurisdictions.
