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Carrying

Penal Code 25400 — concealed, loaded, open, and the license

In California, carrying a concealed pistol, revolver or other firearm capable of being concealed, on the person or within a vehicle the person controls or rides in, is the crime of carrying a concealed firearm. In the ordinary case it is punishable by up to one year in county jail, a fine of up to $1,000, or both, and it becomes a felony where the person has a prior felony, the gun is stolen, or the person may not lawfully possess it.

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Carrying a loaded firearm on the person or in a vehicle in a public place or on a public street in an incorporated city, or in a prohibited area of an unincorporated county, is a separate crime. Peace officers may examine a firearm carried in those places to see whether it is loaded, and refusing to let an officer inspect it is probable cause for arrest.

Unloaded and locked up is how the code lets a handgun travel. The concealed carry section does not stop a citizen over 18 who may lawfully possess a firearm from transporting a handgun, for any of the purposes the code lists, where it is unloaded and locked in the vehicle's trunk or in a locked container in the vehicle, or unloaded in a locked container while carried directly to or from the vehicle.

A county sheriff issues a license to carry a concealed handgun to a California resident who is not a disqualified person, is at least 21 years of age, lives or works in the county, has completed the required training course, and is the recorded owner of the handgun the license covers. Nonresidents may apply on their own conditions.

  • A license holder may not carry in a building, parking area or grounds controlled by a preschool or childcare facility.
  • Nor in a courthouse, a building of a local government, or a detention facility, prison or jail.
  • Nor at a hospital, medical office or other place where medical services are customarily provided.
  • Nor on public transit, or where alcohol is sold for drinking on the premises.
  • Nor at a permitted public gathering, a playground or youth center, or a public park or athletic area, with narrow exceptions.

Openly carrying an exposed, unloaded handgun in a public place or on a public street in an incorporated city, or on a public street in a prohibited area of an unincorporated county, is a misdemeanor. The list of places barred to license holders is longer than set out here and has its own exceptions.

Sources for this section (6)
  1. Penal Code 25400 — Carrying a concealed firearm
  2. Penal Code 25850 — Carrying a loaded firearm in public
  3. Penal Code 26150 — Issuing a license to carry a concealed handgun
  4. Penal Code 25610 — Transporting a handgun in a locked container
  5. Penal Code 26230 — Places where a license holder may not carry
  6. Penal Code 26350 — Openly carrying an unloaded handgun

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.