reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 4 - License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person › Section 26215.

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:
(1) Add or delete authority to carry a particular pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Authorize the licensee to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
(3) If the population of the county is less than 200,000 persons according to the most recent federal decennial census, authorize the licensee to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
(4) Change any restrictions or conditions on the license, including restrictions as to the time, place, manner, and circumstances under which the person may carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(b) If the licensing authority amends the license, a new license shall be issued to the licensee reflecting the amendments.
(c) An amendment to the license does not extend the original expiration date of the license and the license shall be subject to renewal at the same time as if the license had not been amended.
(d) An application to amend a license does not constitute an application for renewal of the license.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 4 - License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person › Section 26220.

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 period of time not to exceed two years from the date of the license.
(b) If the licensee’s place of employment or business was the basis for issuance of a license pursuant to Section 26150, the license is valid for any period of time not to exceed 90 days from the date of the license, unless the license was issued pursuant to subdivision (d). The license shall be valid only in the county in which the license was originally issued. The licensee shall give a copy of this license to the licensing authority of the city, county, or city and county in which the licensee resides. The licensing authority that originally issued the license shall inform the licensee verbally and in writing in at least 16-point type of this obligation to give a copy of the license to the licensing authority of the city, county, or city and county of residence. Any application to renew or extend the validity of, or reissue, the license may be granted only upon the concurrence of the licensing authority that originally issued the license and the licensing authority of the city, county, or city and county in which the licensee resides.
(c) A license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed three years from the date of the license if the license is issued to any of the following individuals:
(1) A judge of a California court of record.
(2) A full-time court commissioner of a California court of record.
(3) A judge of a federal court.
(4) A magistrate of a federal court.
(d) A license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed four years from the date of the license if the license is issued to a custodial officer who is an employee of the sheriff as provided in Section 831.5, except that the license shall be invalid upon the conclusion of the person’s employment pursuant to Section 831.5 if the four-year period has not otherwise expired or any other condition imposed pursuant to this article does not limit the validity of the license to a shorter time period.
(e) A license issued pursuant to Section 26170 to a peace officer appointed pursuant to Section 830.6 is valid for any period of time not to exceed four years from the date of the license, except that the license shall be invalid upon the conclusion of the person’s appointment pursuant to Section 830.6 if the four-year period has not otherwise expired or any other condition imposed pursuant to this article does not limit the validity of the license to a shorter time period.
(Amended by Stats. 2023, Ch. 249, Sec. 25. (SB 2) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 4 - License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person › Section 26225.

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 license.
(3) The issuance of a license.
(4) The amendment of a license.
(5) The revocation of a license.
(b) Copies of each of the following shall be filed immediately by the licensing authority with the Department of Justice, in a manner as prescribed by the Attorney General:
(1) The denial of a license.
(2) The denial of an amendment to a license.
(3) The issuance of a license.
(4) The amendment of a license.
(5) The revocation of a license.
(c) (1) Commencing on or before January 1, 2000, and annually thereafter, each licensing authority shall submit to the Attorney General the total number of licenses issued to peace officers pursuant to Section 26170, and to judges pursuant to Section 26150 or 26155.
(2) The Attorney General shall collect and record the information submitted pursuant to this subdivision by county and licensing authority.
(d) The Department of Justice may adopt emergency regulations for the purpose of implementing Sections 26150 to 26230, inclusive, Section 29805, and Section 31635. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. Emergency regulations adopted pursuant to this section shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect no later than two years after the effective date of the act that added this subdivision.
(Amended by Stats. 2023, Ch. 249, Sec. 26. (SB 2) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 4 - License to Carry A Pistol, Revolver, or Other Firearm Capable of Being Concealed Upon the Person › Section 26235.

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 bid or negotiated basis, including contracts to implement new or change existing information technology systems.
(b) Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Chapter 5 (commencing with Section 19130) of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 12100) of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology.
(Added by Stats. 2023, Ch. 249, Sec. 28. (SB 2) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm › Section 26300.

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 concealed and loaded firearm if the agency issued the officer an identification certificate and the certificate has not been stamped as specified in Section 25470.
(b) Any peace officer employed by an agency and listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5 who retired after January 1, 1981, shall have an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed and loaded firearm.
(c) (1) Any peace officer not listed in subdivision (a) or (b) who was authorized to, and did, carry a firearm during the course and scope of his or her appointment as a peace officer shall have an endorsement on the officer’s identification certificate stating that the issuing agency approves the officer’s carrying of a concealed and loaded firearm.
(2) This subdivision applies to a retired reserve officer if the retired reserve officer satisfies the requirements of paragraph (1), was a level I reserve officer as described in paragraph (1) of subdivision (a) of Section 832.6, and he or she served in the aggregate the minimum amount of time as specified by the retiree’s agency’s policy as a level I reserve officer, provided that the policy shall not set an aggregate term requirement that is less than 10 years or more than 20 years. Service as a reserve officer, other than a level I reserve officer prior to January 1, 1997, shall not count toward the accrual of time required by this section. A law enforcement agency shall have the discretion to revoke or deny an endorsement issued under this subdivision pursuant to Section 26305.
(Amended by Stats. 2013, Ch. 267, Sec. 3. (AB 703) Effective January 1, 2014.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm › Section 26305.

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 firearm pursuant to this article.
(b) A retired peace officer may have the privilege to carry a concealed and loaded firearm revoked or denied by violating any departmental rule, or state or federal law that, if violated by an officer on active duty, would result in that officer’s arrest, suspension, or removal from the agency.
(c) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement on the certificate may be immediately and temporarily revoked by the issuing agency when the conduct of a retired peace officer compromises public safety.
(d) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be permanently revoked or denied by the issuing agency only upon a showing of good cause. Good cause shall be determined at a hearing, as specified in Section 26320.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm › Section 26310.

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 hearing.
(b) If a hearing is not conducted prior to the denial of an endorsement, a retired peace officer, within 15 days of the denial, shall have the right to request a hearing. A retired peace officer who fails to request a hearing pursuant to this section shall forfeit the right to a hearing.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm › Section 26312.

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, return receipt requested, to the retiree’s last known place of residence.
(b) The retiree shall have 15 days to respond to the notification and request a hearing to determine if the temporary revocation should become permanent.
(c) A retired peace officer who fails to respond to the notice of hearing within the 15-day period shall forfeit the right to a hearing and the authority of the officer to carry a firearm shall be permanently revoked. The retired officer shall immediately return the identification certificate to the issuing agency.
(d) If a hearing is requested, good cause for permanent revocation shall be determined at a hearing, as specified in Section 26320. The hearing shall be held no later than 120 days after the request by the retired officer for a hearing is received.
(e) A retiree may waive the right to a hearing and immediately return the identification certificate to the issuing agency.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm › Section 26315.

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 hearing, as specified in Section 26320.
(b) Any retired peace officer whose identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement is to be revoked shall receive notice of the hearing. Notice of the hearing shall be served either personally on the retiree or sent by first-class mail, postage prepaid, return receipt requested to the retiree’s last known place of residence.
(c) From the date the retiree signs for the notice or upon the date the notice is served personally on the retiree, the retiree shall have 15 days to respond to the notification. A retired peace officer who fails to respond to the notice of the hearing shall forfeit the right to a hearing and the authority of the officer to carry a firearm shall be permanently revoked. The retired officer shall immediately return the identification certificate to the issuing agency.
(d) If a hearing is requested, good cause for permanent revocation shall be determined at the hearing, as specified in Section 26320. The hearing shall be held no later than 120 days after the request by the retired officer for a hearing is received.
(e) The retiree may waive the right to a hearing and immediately return the identification certificate to the issuing agency.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm › Section 26320.

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 member shall be selected by the retired peace officer or his or her employee organization. The third member shall be selected jointly by the agency and the retired peace officer or his or her employee organization.
(b) Any decision by the board shall be binding on the agency and the retired peace officer.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 5 - Retired Peace Officer Carrying A Concealed and Loaded Firearm › Section 26325.

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 the right to a hearing, shall immediately surrender to the issuing agency the officer’s identification certificate.
(b) The issuing agency shall reissue a new identification certificate without an endorsement.
(c) Notwithstanding subdivision (b), if the peace officer retired prior to January 1, 1981, and was at the time of retirement a peace officer listed in Section 830.1 or 830.2 or subdivision (c) of Section 830.5, the issuing agency shall stamp on the identification certificate “No CCW privilege.”
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 1 - Crime of Openly Carrying an Unloaded Handgun › Section 26350.

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 vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
(2) A violation of subparagraph (A) of paragraph (1) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if both of the following conditions exist:
(A) The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person.
(B) The person is not in lawful possession of that handgun.
(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.
(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.
(d) Notwithstanding the fact that the term “an unloaded handgun” is used in this section, each handgun shall constitute a distinct and separate offense under this section.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26361.

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 officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26362.

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 pursuant to Article 4 (commencing with Section 26000) of Chapter 3.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26363.

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 manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the business.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26364.

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 thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26365.

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 organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using handguns upon the target ranges or incident to the use of a handgun at that target range.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26366.

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 handgun when going to or returning from that hunting expedition.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26366.5.

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 purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.
(Added by Stats. 2012, Ch. 700, Sec. 9. (AB 1527) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26367.

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 common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26368.

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 States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26369.

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 to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26370.

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 prohibited by Section 626.9.
(Amended by Stats. 2017, Ch. 779, Sec. 2. (AB 424) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26371.

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.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26372.

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 lawful arrest.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26373.

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 with Article 1 (commencing with Section 27500) of Chapter 4 of Division 6, or in accordance with any of the exemptions from Section 27545, so long as that handgun is possessed within private property and the possession and carrying is with the permission of the owner or lessee of that private property.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26374.

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 of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26375.

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 supplier of firearms for, a motion picture, television or video production, or entertainment event, when the participant lawfully uses the handgun as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26376.

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 identification number or mark assigned for that handgun from the Department of Justice pursuant to Section 23910.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26377.

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, whether public or private, while the person is using the handgun upon the target range.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26378.

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 making arrests or preserving the peace, while the person is actually engaged in assisting that officer.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26379.

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) Complying with Section 27560 or 27565, as it pertains to that handgun.
(b) Section 28000, as it pertains to that handgun.
(c) Section 27850 or 31725, as it pertains to that handgun.
(d) Complying with Section 27875, as it pertains to that handgun.
(e) Complying with or utilizing Section 26556, 26892, 27920, 27925, 29810, or 29830, as it pertains to that handgun.
(f) Complying with paragraph (2) of subdivision (e) of Section 32000, as it pertains to that handgun.
(g) Complying with Section 6389 of the Family Code, as it pertains to that handgun.
(Amended by Stats. 2023, Ch. 251, Sec. 4. (SB 368) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26380.

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 individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26381.

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 individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26382.

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 municipal police department.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26383.

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.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26384.

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 satisfied:
(a) The open carrying occurs at an auction, raffle, or similar event of a nonprofit public benefit or mutual benefit corporation, at which firearms are auctioned or otherwise sold to fund the activities of that corporation or the local chapters of that corporation.
(b) The unloaded handgun is to be auctioned or otherwise sold for that nonprofit public benefit or mutual benefit corporation.
(c) The unloaded handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive.
(Amended by Stats. 2019, Ch. 738, Sec. 8. (SB 376) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26385.

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.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26386.

26386. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun pursuant to Section 171d.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26387.

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 171.7.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26388.

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.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26389.

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 locked container.
(Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26390.

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 unloaded handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit.
(b) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit.
(c) The open carrying of an unloaded handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying is conducted in accordance with the terms and conditions of the permit.
(d) The open carrying of an unloaded handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that handgun is conducted in accordance with the terms and conditions of the permit.
(Added by Stats. 2012, Ch. 700, Sec. 10. (AB 1527) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26391.

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 171.5.
(Added by Stats. 2012, Ch. 700, Sec. 11. (AB 1527) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 6 - Openly Carrying an Unloaded Handgun › ARTICLE 2 - Exemptions › Section 26392.

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:
(a) By a person who finds that handgun, if the person is transporting the handgun in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code as it pertains to that firearm, and, if the person is transporting the firearm to a law enforcement agency, the person gives prior notice to the law enforcement agency that the person is transporting the handgun to the law enforcement agency.
(b) By a person who finds that handgun and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law.
(c) By a person who took the firearm from a person who was committing a crime against the person and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting that handgun to the law enforcement agency for disposition according to law.
(Added by Stats. 2019, Ch. 110, Sec. 4. (AB 1292) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 7 - Carrying an Unloaded Firearm That is not a Handgun › ARTICLE 1 - Crime of Carrying an Unloaded Firearm that is not a Handgun › Section 26400.

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 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.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.
(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.
(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.
(d) Notwithstanding the fact that the term “an unloaded firearm that is not a handgun” is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.
(Amended by Stats. 2017, Ch. 734, Sec. 3. (AB 7) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 5 - CARRYING FIREARMS › CHAPTER 7 - Carrying an Unloaded Firearm That is not a Handgun › ARTICLE 2 - Exemptions › Section 26406.

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 who finds that firearm, if the person is carrying the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code as it pertains to that firearm, and, if the person is transporting the firearm to a law enforcement agency, the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency.
(b) By a person who finds that firearm and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law.
(c) By a person who took the firearm from a person who was committing a crime against the person and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law.
(Amended by Stats. 2021, Ch. 250, Sec. 6. (SB 715) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 6 - SALE, LEASE, OR TRANSFER OF FIREARMS › CHAPTER 1 - License Requirement for Sale, Lease, or Transfer of Firearms › ARTICLE 1 - License Requirement and Miscellaneous Exceptions › Section 26500.

26500. (a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(b) Any person violating this article is guilty of a misdemeanor.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 6 - SALE, LEASE, OR TRANSFER OF FIREARMS › CHAPTER 1 - License Requirement for Sale, Lease, or Transfer of Firearms › ARTICLE 1 - License Requirement and Miscellaneous Exceptions › Section 26505.

26505. Section 26500 does not apply to the sale, lease, or transfer of any firearm by any of the following:
(a) A person acting pursuant to operation of law.
(b) A person acting pursuant to a court order.
(c) A person acting pursuant to the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure).
(d) A person who liquidates a personal firearm collection to satisfy a court judgment.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 4 - FIREARMS › DIVISION 6 - SALE, LEASE, OR TRANSFER OF FIREARMS › CHAPTER 1 - License Requirement for Sale, Lease, or Transfer of Firearms › ARTICLE 1 - License Requirement and Miscellaneous Exceptions › Section 26510.

26510. Section 26500 does not apply to a person acting pursuant to subdivision (f) of Section 186.22a or Section 18000 or 18005.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)