DIVISION 5. CARRYING FIREARMS
Division 5 added by Stats. 2010, Ch. 711, Sec. 6.
§§ 25300–26406 · 133 sections
CHAPTER 1. Miscellaneous Rules Relating to Carrying Firearms §§ 25300–25350 · 2 sections
- § 25300 (a) A person commits criminal possession of a firearm when the person carries a firearm in a public place or on any public street while masked so as to hide…
- § 25350 (a) If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of any provision in this division is for any reason held…
CHAPTER 2. Carrying a Concealed Firearm §§ 25400–25700 · 41 sections
ARTICLE 1. Crime of Carrying a Concealed Firearm § 25400 · 1 section
- § 25400 (a) A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that is under the…
ARTICLE 2. Peace Officer Exemption §§ 25450–25475 · 7 sections
- § 25450 As provided in this article, Section 25400 does not apply to, or affect, any of the following: (a) Any peace officer, listed in Section 830.1 or 830.2, or…
- § 25452 A peace officer and an honorably retired peace officer shall, when leaving a handgun in an unattended vehicle, secure the handgun in the vehicle pursuant to…
- § 25455 (a) Any peace officer described in Section 25450 who has been honorably retired shall be issued an identification certificate by the law enforcement agency…
- § 25460 (a) Except as provided in subdivision (b), no endorsement or renewal endorsement issued pursuant to Section 25465 shall be effective unless it is in the format…
- § 25465 Every five years, a retired peace officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section…
- § 25470 (a) The agency from which a peace officer is honorably retired may, upon initial retirement of that peace officer, or at any time subsequent thereto, deny or…
- § 25475 (a) An honorably retired peace officer who is listed in subdivision (c) of Section 830.5 and authorized to carry a concealed firearm by this article shall meet…
ARTICLE 3. Conditional Exemptions §§ 25505–25595 · 19 sections
- § 25505 In order for a firearm to be exempted under this article, while being transported to or from a place, the firearm shall be unloaded and kept in a locked…
- § 25510 Section 25400 does not apply to, or affect, any of the following: (a) The possession of a firearm by an authorized participant in a motion picture, television,…
- § 25515 Section 25400 does not apply to, or affect, the possession of a firearm in a locked container by a member of any club or organization, organized for the…
- § 25520 Section 25400 does not apply to, or affect, the transportation of a firearm by a participant when going directly to, or coming directly from, a recognized…
- § 25525 (a) Section 25400 does not apply to, or affect, the transportation of a firearm by any citizen of the United States or legal resident over the age of 18 years…
- § 25530 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 fixed place of…
- § 25535 Section 25400 does not apply to, or affect, any of the following: (a) The transportation of a firearm by a person when going directly to, or coming directly…
- § 25540 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 target range, which…
- § 25545 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 place designated by…
- § 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…
- § 25555 (a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to comply with or utilize Section 26556, 26892, 27875,…
- § 25560 Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to utilize Section 28000 as it pertains to that firearm.
- § 25565 Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to sell, deliver, or transfer the firearm as specified in…
- § 25570 Section 25400 does not apply to, or affect, any of the following: (a) The transportation of a firearm by a person who finds the firearm, if the person is…
- § 25575 Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to comply with Section 27560 as it pertains to that firearm.
- § 25580 Section 25400 does not apply to, or affect, the transportation of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of…
- § 25585 Section 25400 does not apply to, or affect, the transportation of a firearm by a person for the purpose of obtaining an identification number or mark assigned…
- § 25590 Section 25400 does not apply to, or affect, the transportation of a firearm by a person if done directly between any of the places set forth below: (a) A place…
- § 25595 This article does not prohibit or limit the otherwise lawful carrying or transportation of any handgun in accordance with the provisions listed in Section…
ARTICLE 4. Other Exemptions §§ 25600–25655 · 13 sections
- § 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…
- § 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…
- § 25610 Section 25400 shall not be construed to prohibit any citizen of the United States over 18 years of age who resides or is temporarily within this state, and who…
- § 25612 A person shall, when leaving a handgun in an unattended vehicle, secure the handgun in the vehicle pursuant to Section 25140.
- § 25615 Section 25400 does not apply to, or affect, the possession or transportation of unloaded pistols, revolvers, or other firearms capable of being concealed upon…
- § 25620 Section 25400 does not apply to, or affect, any member of the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States, or the National Guard,…
- § 25625 Section 25400 does not apply to, or affect, the carrying of unloaded pistols, revolvers, or other firearms capable of being concealed upon the person by duly…
- § 25630 Section 25400 does not apply to, or affect, any guard or messenger of any common carrier, bank, or other financial institution, while actually employed in and…
- § 25635 Section 25400 does not apply to, or affect, members of any club or organization organized for the purpose of practicing shooting at targets upon established…
- § 25640 Section 25400 does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the…
- § 25645 Sections 25140 and 25400 do not apply to, or affect, the transportation of unloaded firearms by a person operating a licensed common carrier or an authorized…
- § 25650 (a) Upon approval of the sheriff of the county in which the retiree resides, Section 25400 does not apply to, or affect, any honorably retired federal officer…
- § 25655 Section 25400 does not apply to, or affect, the carrying of a pistol, revolver, or other firearm capable of being concealed upon the person by a person who is…
ARTICLE 5. Concealed Carrying of Firearm as a Nuisance § 25700 · 1 section
- § 25700 (a) The unlawful carrying of any handgun in violation of Section 25400 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not…
CHAPTER 3. Carrying a Loaded Firearm §§ 25800–26110 · 23 sections
ARTICLE 1. Armed Criminal Action § 25800 · 1 section
- § 25800 (a) Every person who carries a loaded firearm with the intent to commit a felony is guilty of armed criminal action. (b) Armed criminal action is punishable by…
ARTICLE 2. Crime of Carrying a Loaded Firearm in Public § 25850 · 1 section
- § 25850 (a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any…
ARTICLE 3. Peace Officer Exemption to the Crime of Carrying a Loaded Firearm in Public §§ 25900–25925 · 6 sections
- § 25900 As provided in this article, Section 25850 does not apply to any of the following: (a) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a)…
- § 25905 (a) (1) Any peace officer described in Section 25900 who has been honorably retired shall be issued an identification certificate by the law enforcement agency…
- § 25910 (a) Except as provided in subdivision (b), no endorsement or renewal endorsement issued pursuant to Section 25915 shall be effective unless it is in the format…
- § 25915 Every five years, a retired peace officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section…
- § 25920 (a) The agency from which a peace officer is honorably retired, or a successor agency pursuant to paragraph (2) of subdivision (a) of Section 25905, may, upon…
- § 25925 (a) An honorably retired peace officer who is listed in subdivision (c) of Section 830.5 and authorized to carry a loaded firearm by this article shall meet…
ARTICLE 4. Other Exemptions to the Crime of Carrying a Loaded Firearm in Public §§ 26000–26060 · 13 sections
- § 26000 Section 25850 does not apply to members of the military forces of this state or of the United States engaged in the performance of their duties.
- § 26005 Section 25850 does not apply to either of the following: (a) Persons who are using target ranges for the purpose of practice shooting with a firearm. (b)…
- § 26010 Section 25850 does not apply to the carrying of any handgun by any person as authorized pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
- § 26015 Section 25850 does not apply to any armored vehicle guard, as defined in Section 7582.1 of the Business and Professions Code, if either of the following…
- § 26020 (a) Upon approval of the sheriff of the county in which the retiree resides, Section 25850 does not apply to any honorably retired federal officer or agent of…
- § 26025 Section 25850 does not apply to any of the following who have completed a regular course in firearms training approved by the Commission on Peace Officer…
- § 26030 (a) Section 25850 does not apply to any of the following who have been issued a certificate pursuant to subdivision (d): (1) Guards or messengers of common…
- § 26035 Nothing in Section 25850 shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent…
- § 26040 Nothing in Section 25850 shall prevent any person from carrying a loaded firearm in an area within an incorporated city while engaged in hunting, provided that…
- § 26045 (a) Nothing in Section 25850 is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person…
- § 26050 Nothing in Section 25850 is intended to preclude the carrying of a loaded firearm by any person while engaged in the act of making or attempting to make a…
- § 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…
- § 26060 Nothing in Section 25850 shall prevent any person from storing aboard any vessel or aircraft any loaded or unloaded rocket, rocket propelled projectile…
ARTICLE 5. Loaded Firearm in a Motor Vehicle § 26100 · 1 section
- § 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,…
ARTICLE 6. Carrying a Loaded Firearm as a Nuisance § 26110 · 1 section
- § 26110 (a) The unlawful carrying of any firearm in violation of Section 25850 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not…
CHAPTER 4. License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person §§ 26150–26235 · 21 sections
- § 26150 (a) When a California resident applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the…
- § 26155 (a) When a California resident applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the…
- § 26160 Each licensing authority shall publish and make available a written policy summarizing the provisions of Section 26150 and subdivisions (a) and (b) of Section…
- § 26162 (a) Prior to the issuance of a license, renewal of a license, or amendment to a license pursuant to subdivision (a) of Section 26150 or subdivision (a) of…
- § 26165 (a) For new license applicants, the course of training for issuance of a license under Section 26150 or 26155 may be any course acceptable to the licensing…
- § 26170 (a) Upon proof of all of the following, the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county,…
- § 26175 (a) (1) (A) Applications for licenses and applications for amendments to licenses under this chapter shall be uniform throughout the state, upon forms to be…
- § 26180 (a) Any person who files an application required by Section 26175 knowing that any statement contained therein is false is guilty of a misdemeanor. (b) Any…
- § 26185 (a) (1) Upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit to the Department of…
- § 26190 (a) (1) An applicant for a new license or for the renewal of a license shall pay at the time of filing the application a fee determined by the Department of…
- § 26195 (a) A license under this chapter shall not be issued by the local licensing authority if any of the following occurs: (1) The local licensing authority is…
- § 26200 (a) While carrying a firearm as authorized by a license issued pursuant to this chapter, a licensee shall not do any of the following: (1) Consume an alcoholic…
- § 26202 (a) Unless a court makes a contrary determination pursuant to Section 26206, an applicant shall be deemed to be a disqualified person and cannot receive or…
- § 26205 (a) (1) The licensing authority shall give written notice to the applicant indicating if the license under this chapter is approved or denied. The licensing…
- § 26206 (a) If a new license or license renewal pursuant to Section 26150, 26155, or 26170 is denied or revoked based on a determination that the applicant is a…
- § 26210 (a) When a licensee under this chapter has a change of address, the license shall be amended to reflect the new address and a new license shall be issued…
- § 26215 (a) A person issued a license pursuant to this article may apply to the licensing authority for an amendment to the license to do one or more of the following:…
- § 26220 (a) Except as otherwise provided in this section and in subdivision (c) of Section 26210, a license issued pursuant to Section 26150 or 26155 is valid for any…
- § 26225 (a) A record of the following shall be maintained in the office of the licensing authority: (1) The denial of a license. (2) The denial of an amendment to a…
- § 26230 (a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or…
- § 26235 (a) For purposes of implementing this chapter, the Department of Justice may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a…
CHAPTER 5. Retired Peace Officer Carrying A Concealed and Loaded Firearm §§ 26300–26330 · 8 sections
- § 26300 (a) Any peace officer listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who retired prior to January 1, 1981, is authorized to carry a…
- § 26305 (a) No peace officer who is retired after January 1, 1989, because of a psychological disability shall be issued an endorsement to carry a concealed and loaded…
- § 26310 (a) Issuance of an identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be denied prior to a…
- § 26312 (a) Notice of a temporary revocation shall be effective upon personal service or upon receipt of a notice that was sent by first-class mail, postage prepaid,…
- § 26315 (a) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be permanently revoked only after a…
- § 26320 (a) Any hearing conducted under this article shall be held before a three-member hearing board. One member of the board shall be selected by the agency and one…
- § 26325 (a) A retired peace officer, when notified of the revocation of the privilege to carry a concealed and loaded firearm, after the hearing, or upon forfeiting…
- § 26330 (a) A law enforcement agency may require a retiring or a retired peace officer seeking an endorsement on the officer’s identification certificate stating that…
CHAPTER 6. Openly Carrying an Unloaded Handgun §§ 26350–26395 · 35 sections
ARTICLE 1. Crime of Openly Carrying an Unloaded Handgun § 26350 · 1 section
- § 26350 (a) (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a…
ARTICLE 2. Exemptions §§ 26361–26392 · 33 sections
- § 26361 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any peace officer or any honorably retired peace officer if that…
- § 26362 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person to the extent that person may openly carry a loaded handgun…
- § 26363 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun as merchandise by a person who is engaged in the business of…
- § 26364 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a duly authorized military or civil organization, or the members…
- § 26365 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of any club or…
- § 26366 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while engaged in hunting or while transporting that…
- § 26366.5 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a licensed hunter while actually engaged in training a dog for the…
- § 26367 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to transportation of a handgun by a person operating a licensed…
- § 26368 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a member of an organization chartered by the Congress of the United…
- § 26369 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a gun show conducted pursuant…
- § 26370 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, if that carrying is not…
- § 26371 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when in accordance with the provisions of Section 171b.
- § 26372 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by any person while engaged in the act of making or attempting to make a…
- § 26373 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to loaning, selling, or transferring that handgun in accordance…
- § 26374 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person engaged in firearms-related activities, while on the premises…
- § 26375 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by an authorized participant in, or an authorized employee or agent of a…
- § 26376 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to obtaining an…
- § 26377 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun at any established target range,…
- § 26378 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun by a person when that person is summoned by a peace officer to assist in…
- § 26379 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to any of the following: (a)…
- § 26380 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an…
- § 26381 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to, and in the course and scope of, training of or by an…
- § 26382 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to and at the request of a sheriff or chief or other head of a…
- § 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…
- § 26384 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun if all of the following conditions are…
- § 26385 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to paragraph (3) of subdivision (b) of Section 171c.
- § 26386 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to Section 171d.
- § 26387 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to subparagraph (F) of paragraph (1) subdivision (c) of Section…
- § 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…
- § 26389 Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a…
- § 26390 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances: (a) The open carrying of an…
- § 26391 Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun when done in accordance with the provisions of subdivision (d) of Section…
- § 26392 Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances:…
ARTICLE 3. Openly Carrying an Unloaded Handgun as a Nuisance § 26395 · 1 section
- § 26395 (a) The unlawful carrying of any handgun in violation of Section 26350 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not…
CHAPTER 7. Carrying an Unloaded Firearm That is not a Handgun §§ 26400–26406 · 3 sections
ARTICLE 1. Crime of Carrying an Unloaded Firearm that is not a Handgun § 26400 · 1 section
- § 26400 (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a…
ARTICLE 2. Exemptions §§ 26405–26406 · 2 sections
- § 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 circumstances: (a) By a person…
- § 26406 Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances: (a) By a person…