Published by As of January 2026, California's open carry laws are undergoing significant legal change. On January 2, 2026, the U.S. Court of Appeals for the 9th Circuit ruled that California's ban on openly carrying firearms in counties with populations exceeding 200,000 is unconstitutional. This landmark decision affects approximately 95% of California's population and marks a major shift in the state's strict gun control regulations.
While this ruling is subject to appeal and enforcement may be temporarily stayed, it represents a fundamental change in how California residents may legally carry firearms in public.
As attorneys and legal researchers with extensive experience litigating constitutional firearms cases and representing clients through California's complex gun regulations, we've seen firsthand how landmark rulings reshape legal rights for gun owners. We've prepared this detailed explanation of California's evolving open carry laws, the recent court ruling, and what it means for you.
When Did Open Carry Become Illegal in California?
Since 1967, it has been illegal in California to openly carry a loaded firearm in public except when hunting or by law enforcement officials. In January 2012, public open carry of unloaded handguns also became illegal.
However, as of January 2026, these restrictions face constitutional challenges. A federal appeals court ruled that the ban on open carry in California's most populous counties violates the Second Amendment. This ruling is currently subject to appeal, and the ultimate legal status of open carry in California remains uncertain pending further court proceedings.
Breaking Legal Development - January 2026 Ninth Circuit Ruling
On January 2, 2026, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit issued a landmark 2-1 decision in Baird v. Bonta, declaring California's prohibition on open carry in populous counties unconstitutional under the Second Amendment.
Key Points of the Ruling:
The court determined that California's ban on openly carrying firearms in counties with populations over 200,000 violated the constitutional right to bear arms. The panel found no historical precedent for such restrictions at the time of the nation's founding or during the adoption of the Fourteenth Amendment.
Geographic Impact: This ruling affects the 95% of California residents living in the state's more populated counties, including Los Angeles, San Francisco, San Diego, and other major metropolitan areas.
Current Legal Status: The state of California is expected to petition for an en banc rehearing or seek to stay the ruling pending appeal. Gun owners should monitor developments closely, as the practical enforcement of this decision remains in flux pending further legal proceedings.
What is Penal Code 26350?
Penal Code 26350 is a California statute that prohibits a person from openly carrying an exposed and unloaded handgun in public or while riding in a vehicle. A violation of Penal Code 26350 is charged as a misdemeanor crime that is punishable by up to 1 year in county jail.
Exceptions to California's Open Carry Prohibition
People in California are prohibited from openly carrying firearms, except at:
- One’s home/residence
- Their place of business
- On their private property
- Assisting a peace officer
- Hunting/Gun Clubs
- Hunting exemption
- Restraining order
What About Concealed Carry?
A concealed weapons permit, or CCW, is the only means by which private citizens may legally carry firearms in public in the state of California. Absent a CCW, it is a crime to carry either a loaded or an unloaded firearm in public, regardless of whether the gun is concealed or openly carried.
How Hard is it to Get a CCW in California?
California is one of the hardest states to acquire a CCW permit. Unlike New York, California CCWs are required to be renewed yearly and must have good causation as to why a person needs their permit renewed. California has enacted severe anti-gun laws to make many people avoid wanting guns or even applying for a CCW.
How Much Does a CCW Cost?
The total cost to obtain a CCW permit in California is anywhere from $200 to $300, as of our latest review. This total cost may include a $44 state fee and a licensing authority fee of up to $120 (20% collected at the time of application and 80% collected once issued). Costs can vary significantly by county, so applicants should contact their local sheriff's or police department to confirm exact fees and payment schedules before submitting an application. Some counties may also require additional fees for background checks or fingerprinting, so it's important to budget accordingly and ask about all potential costs upfront.
CCW permit fees in California have been subject to significant legal challenges in recent years. Following landmark court decisions, including cases addressing whether counties can impose unreasonable fee structures, many jurisdictions have adjusted or eliminated excessive charges. If you believe your county's fee structure is unreasonable or unlawful, you may have grounds to challenge it or seek a refund. Some applicants have successfully recovered excess fees through county settlements or court orders, making it worthwhile to document your payments and explore available dispute resolution options if you suspect unlawful charges.
Fee caps and structures continue to evolve as courts address constitutional concerns. If you've already paid CCW fees that you believe exceeded lawful amounts, you should review recent settlements or court decisions in your county or neighboring counties—these often establish refund processes or class action opportunities that may apply retroactively to past applicants, sometimes without requiring individual claims. Many counties have implemented fee schedules tied to actual administrative costs rather than arbitrary caps, so comparing your county's current fees to those in neighboring jurisdictions can help determine if adjustment or litigation is warranted. You can also contact consumer advocacy groups, legal aid organizations, or class action attorneys that track CCW fee litigation to learn whether your county has been involved in relevant settlements, ongoing cases, or class actions that may provide you with compensation or fee relief options. Additionally, consulting with a local attorney familiar with CCW law can help you understand your legal options, potential remedies, and whether you may be eligible to recover fees paid under previously unlawful county structures. Keep in mind that statutes of limitations may apply to fee recovery claims, so if you suspect you were overcharged, it's advisable to act promptly. Many county websites now publish their current fee structures and settlement histories, which can provide transparent documentation of any fee changes or legal resolutions that may affect your eligibility for refunds or compensation.
Can I Carry a Gun on BLM Land in California?
Licensed concealed carry is generally legal on Bureau of Land Management (BLM) land in California. Unlicensed concealed carry may be legal at certain campsites. Loaded and unloaded open carry are illegal in "prohibited areas," including the campground.
Which States Allow Permissive Open Carry?
Permissive open-carry states allow gun owners to legally possess a firearm and to openly carry a gun without a permit or license. States include Alaska, New Mexico, West Virginia, and Utah.
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- Is Drinking in Public Illegal in California?
FAQs
What is the difference between open carry and concealed carry in California?
Open carry refers to carrying a firearm visibly in public, while concealed carry refers to carrying a firearm hidden from view. In California, concealed carry is also highly regulated and requires a permit from the local law enforcement agency. Open carry, on the other hand, is generally prohibited.
Can I carry an unloaded firearm openly in California?
No, even the open carry of unloaded firearms is generally prohibited in California. The state passed laws specifically banning the open carry of both loaded and unloaded firearms in most public places, with only limited exceptions.
What should I know about open carry if I move to California from another state?
If you move to California from a state where open carry is legal, it is important to understand that California's laws are much stricter. Open carry is generally prohibited, and you will need to comply with California's regulations on firearm ownership, including obtaining a concealed carry permit if you wish to carry a firearm legally.
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