The California Legislature has gradually disarmed much of the public over the past 100 years. Open carry was banned because activists practiced it and told others about it. While the State's gun control scheme keeps the average, unlicensed person from protecting themselves while out and about, there are still a few vestigial ways to carry firearms for self-defense, mostly having to do with protecting one's own property or extreme emergencies.
Note that unlicensed carry is generally illegal and there may be great confusion among law enforcement about what is legal, even postBruen.
Highlights
- If you do not have license to carry, your options to carry a firearm for self-defense are limited. You may carry pepper spray in a canister of 2.5 ounces or less capacity or a stun gun/Taser. Generally, concealed carry without a permit for self-defense is only permitted at one’s home or business.
- Open carry (loaded or unloaded) has the same restrictions, but may be permitted in unincorporated areas where it is okay to shoot.
You will probably only legally carry a firearm, without a license to carry, for self-defense: at your home, business or campsite; while out target shooting, hunting, or hiking in the middle of nowhere; or while actually engaged in arresting or fighting off a bad guy outside your home or business.
YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY. LAWS CANNOT PROTECT YOU. YOU MAY CHOOSE TO CARRY ANYWAY, BUT YOU DO AT YOUR OWN (LEGAL) RISK.
Concealed Carry
Domestic violence restraining order exemption
25600. (a) A violation of Section 25400 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circ*mstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This section may not apply when the circ*mstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.
(b) Upon trial for violating Section 25400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger.
Domestic violence restraining order exemption
25600. (a) A violation of Section 25400 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circ*mstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This section may not apply when the circ*mstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.
(b) Upon trial for violating Section 25400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger.
Legal to carry concealed at one’s home, business, or private property
25605. (a) Section 25400 and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident, any handgun.
(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes [prohibited persons; text omitted], to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the application of Sections 25850 to 26055 [loaded open carry], inclusive.
This section was changed to allow in 1989 in response to: People v. Melton (1988) 206 Cal. App. 3d 580, 253 Cal. Rptr. 661.
Note: a person who grants permission to carry must have “possessory interest” in the location. In People v. Barela [(1991) - 234 Cal. App. 3d Supp. 15, 286 Cal. Rptr. 458.], assistant managers gave a man permission to carry a concealed firearm to act as an unlicensed security guard where the general manager said the assistant managers did not have that authority.
The legislative statement of purpose makes clear that an employee must have a possessory interest in his or her workplace in order for that workplace to be considered the employee's ‘place of business’ under section 12026. Only those employees who have the right to exclude others from their workplace, and the right to control activities there, may carry concealed weapons at work without a permit or license.
Vehicles are tricky. A taxi was found to be a “place of business” in People v. Marotta [(1981) - 128 Cal. App. 3d Supp. 1, 180 Cal. Rptr. 611.], while in People v. Wooten [(1985) 168 Cal. App. 3d 158, 214 Cal. Rptr. 40.] this did not apply to a pickup truck because the driver was sometimes a “bounty hunter.” The opinion in Marotta made several good points, but the justices suggested a legislative fix, so one who operates a business out of their vehicle should not rely on this decision.
Open Carry
Where you can openly carry (for self-defense)
In an unincorporated portion of a county where there is no prohibition on discharge of firearms (rural and semi-wilderness areas); loaded or unloaded.
Loaded open carry
Business, private property, and employee exemption
26035. Nothing in Section 25850 shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person’s place of business, or any person in lawful possession of private property from having a loaded firearm on that property.
Immediate self-defense exemption
26045. (a) Nothing in Section 25850 is intended to preclude the carrying of any loaded firearm, under circ*mstances where it would otherwise be lawful, by a person who reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property.
[(b) skipped, see below]
(c) As used in this section, “immediate” means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance.
Note: This section requires that you need the firearm in immediate self-defense; if you do not take armed action, someone will lose their life or be gravely injured. One could infer from this section that under the circ*mstances that would justify excusable homicide, it would be legal to carry a gun openly to deal with that threat.
This does not allow you to openly carry a firearm for a general threat, but prevents you from breaking the loaded firearm law if you need to lawfully defend yourself.
Home/campsite exemption
26055. Nothing in Section 25850 shall prevent any person from having a loaded weapon, if it is otherwise lawful, at the person’s place of residence, including any temporary residence or campsite.
25550. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite.
General consensus within the gun community seems to be that “campsite” is the designated or definable area where you are camping and not the areas of the campground beyond. The actual site where you are camping is your temporary residence and is under your control.
Open carry, loaded or unloaded, is legal in the campsite. Note that the long-gun open carry exemptions grant unloaded handgun open carry exemptions under a catch-all exemption. Basically if you can carry a loaded handgun in that place, you can also carry a loaded long-gun.
Unloaded handguns
Private property exemption for guests
26383. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when done within a place of business, a place of residence, or on private property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry openly an unloaded handgun within that place of business, place of residence, or on that private property owned or lawfully possessed by that person.
Public land exemption; specific permission
26388. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun on publicly owned land, if the possession and use of a handgun is specifically permitted by the managing agency of the land and the person carrying that handgun is in lawful possession of that handgun.
Long-guns “Unloaded Firearm that is not a Handgun”
This section only applies to unloaded long guns (rifles or shotguns), not handguns. Note the bold parts below:
26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun [long gun] when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.
You may legally carry an unloaded long gun in a vehicle, as long as it is openly carried (visible on the seat, in a rack, floor, etc.). If it is not visible, even if covered by a blanket or under a seat, it becomes illegally concealed. The destination requirement applies to handguns and any long gun you have concealed (cased up). Note from 26400 it states this section applies "outside a vehicle." This section applies to walking around with a long gun, just as the open carry activists did in 2012 after handgun open carry became banned. This should only be done at one's own risk as other laws may apply and law enforcement may not understand.
Exemptions
26405. Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circ*mstances:
Private property exemption
(a) By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
Private property; guests
(b) By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
Antique firearms
You may openly carry an unloaded antique handgun or long gun, per 16520(d)(5) & (6). You may not have ammunition on your person, so the gun would be useless for self-defense. Note: you still may not carry an antique firearm concealed.
