Can I Carry a Gun in Public in California? CA Open Carry

While individuals are generally prohibited from carrying a gun in public in California, there are some exceptions under CA open carry laws.

It is generally illegal to carry a gun in public in California, although there are certain narrow factors that permit someone to legally and publicly carry. Additionally, there is a significant difference between openly carrying a gun in public and carrying a concealed one. The latter is legal so long as the individual has a concealed weapons license (CCW). Much like concealed carry, an individual must follow strict rules and restrictions to openly carry a weapon.

How to Legally Carry a Gun in Public

To legally carry a gun in public depends on certain conditions clarified by California law. Here are the circumstances that determine whether or not open carry is permitted:

If the firearm is loaded,
The type of firearm,
The specific location the firearm is being carried, and
The county or city that the firearm is being carried in.

All of these factors will play a role in if openly carrying a gun is legal or illegal. Generally, an individual that carries a gun in public without following California’s specific restrictions (determined by if their gun is loaded, the type of gun, and the location) may be charged with illegal public carrying.

Public Carry: Loaded vs. Unloaded Firearm

Having a loaded firearm is clearly more dangerous than an unloaded one, thus making it more of a threat to the public. This distinction can prevent an individual from legally publicly carrying a gun. However, there are some exceptions. To lawfully carry a loaded firearm, a California resident can:

1. Obtain a permit from the local sheriff or chief of police for exposed carry of a loaded handgun.

Only in counties with a population of 200,000 or less, the sheriff or a chief of police can grant a license to carry a loaded and exposed handgun. Additionally, the license is only valid if the carrying occurs within the designated county and if the individual abides by all other conditions listed in the permit.

Note: This is the only way an individual can lawfully carry an exposed and loaded firearm.

2. Obtain a concealed carrying license (CCW) for the concealed and loaded carry of a handgun in public.

California only issues licenses to conceal carry for an applicant who can demonstrate their need for a weapon. This license can only be granted by a local sheriff’s office or police station. More information on how to obtain a concealed weapons permit can be found here.

Note: This is the only way an individual can lawfully carry a concealed and loaded handgun.

Public Carry: Unloaded Handgun vs. Unloaded Long Gun

In addition, to the conditions placed on loaded handguns, there are other exceptions to those individuals who are permitted to publicly carry an unloaded handgun. Furthermore, there is a significant distinction in those who can lawfully and publicly carry an unloaded handgun and unloaded long gun. Here are the different restrictions in place in who can legally open carry an unloaded handgun and long gun.

All individuals are prohibited from publicly carrying an unloaded handgun, except if they are a:

Peace officer
Military member
Hunter with a license

If an individual does not fall into these categories, they could face severe legal consequences for openly carrying an unloaded handgun, such as a misdemeanor.

Additionally, all individuals are prohibited from publicly carrying an unloaded long gun in:

An incorporated city
An incorporated county
All places where guns are forbidden in unincorporated areas

These location specifications are in place to protect hunters with licenses. However, it is still illegal to open carry an unloaded long gun unless an individual is a:

Peace officer
Military member
Hunter with a license

All of these individuals must abide by the location guidelines listed above or they can also be at risk of unlawful public carry.

How to Obtain a Concealed Carry License in California

There are many restrictions for who is eligible to publicly carry a gun in California, and most citizens will not fall into the permitted group of individuals who can do so. This is why an individual should look into obtaining a concealed carry license. Although they may not be able to open carry a firearm, concealed carrying still provides significant protection for the individual. To be granted a concealed carry license, the applicant must:

be of good moral character.
pass a background check confirming that they are not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
provide good cause for the issuance of the license.
complete a firearms safety course.
meet relevant residency requirements.

The sheriff’s office or police station can require psychological testing for the applicant. If required, the applicant must be referred to a licensed psychologist used by the sheriff’s office or police station for the testing or its employees.

Additionally, upon the issuing of the concealed carry license, the licensing authority is able to include any restrictions or conditions on the license that they deem fit. This can include restrictions on the time, place, manner, and circumstances under which the individual is able to carry a firearm.

How a CCW License Can Help

Obtaining a concealed carry license is an excellent way to take an extra step in protecting oneself. The added benefit of carrying a concealed and licensed weapon is guaranteed protection that can be used at any moment, rather than calling for help or trying to use self-defense at the last moment.

Here are some reasons why an individual should consider getting a concealed carry weapons license:

1. You can rely on yourself for your own protection.

Rather than simply never going out alone, an individual who is carrying a licensed and concealed weapon can rely on themself to protect their own safety. This would grant autonomy for people who may be more likely to be targets of violent crimes, such as women and minorities, when they are in public alone. Rather than having to avoid going out past a certain hour, or steering clear of a certain part of town, a CCW license can grant these individuals guaranteed protection at any time or location.

2. You can protect others.

Obtaining a CCW license means that an individual went through a firearm safety training course. Now, they know how to use their firearm in the case of an emergency. This not only means immediate and ensured protection for them, but also for their loved ones. For example, a single mother who decides to conceal carry does not have to worry when she is out late with her children because she knows she can protect them.

3. You will be better at scanning for danger.

Carrying a weapon forces you to be alert, knowing that at any point you may need to use it in self-defense. Additionally, the training that an individual has to complete to obtain the CCW license emphasizes awareness and the need to constantly scan for any potential threats. This higher level of alertness can only be a benefit for any individual trying to ensure their own safety by carrying a licensed concealed weapon.

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If you or a loved one would like to know more about if you can carry a gun in public in California, get your free consultation with one of our CCW Attorneys in California today!