What the Law Says About Open Carrying an Unloaded Firearm (PC 26350)

Under 26350 PC, it is illegal to openly carry an unloaded handgun in a public place or inside a vehicle. This law is designed to regulate the visibility of firearms and maintain public safety.

Key Elements of the Crime

To convict someone under 26350 PC, prosecutors must prove the following elements beyond a reasonable doubt:

1. The Firearm Was a Handgun: The firearm in question must be a pistol, revolver, or another type of handgun capable of being concealed on your person. Rifles and shotguns are not included under this law.
2. The Handgun Was Unloaded: The firearm was not loaded at the time of the alleged offense.
3. The Handgun Was Openly Carried: The firearm was visible and carried either on the defendant’s person or openly displayed inside or on a vehicle.
4. The Incident Occurred in a Public Place: The defendant was in a public area or on a public street at the time, which includes any location reasonably accessible to the public, such as parks, sidewalks, streets, and buildings. Private property is excluded from this definition.

Additional Considerations

While 26350 PC specifically prohibits openly carrying an unloaded handgun, this does not mean that carrying a loaded or concealed firearm is permissible. Those actions are regulated under separate laws, such as Penal Code 25400 (carrying a concealed weapon) and Penal Code 25850 (carrying a loaded firearm), which carry more severe penalties.

Definitions to Note

• Handgun: Refers to pistols, revolvers, or other firearms that can be concealed on a person. It does not include long guns, such as rifles or shotguns.
• Public Place: Includes any area that is reasonably open and accessible to the public, such as streets, sidewalks, parks, buildings, or public transportation. This term is not limited to government-owned property but encompasses any location where the general public is allowed to go.

Penalties for Violating Open Carry Laws in California

A violation of 26350 PC is typically charged as a misdemeanor and carries the following penalties:

• Jail Time: Up to 1 year in county jail.
• Fines: Up to $1,000 per firearm.

Additional Penalties and Considerations

• Ammunition Presence: If you were carrying ammunition alongside the unloaded handgun, this could increase the severity of the penalties, particularly if there is evidence suggesting an intent to load or use the firearm unlawfully.
• Multiple Firearms: If multiple firearms were involved, you may face separate charges and penalties for each weapon, leading to additional fines and potential jail time.
• Enhancements for Aggravating Factors: Certain aggravating circumstances, such as carrying the firearm in a sensitive location (e.g., near schools or government buildings), can result in more severe consequences under related firearm laws.

Exceptions to California Penal Code 26350

Penal Code 26350 PC outlines specific exceptions where carrying an unloaded firearm is legally permitted. These exceptions include the following situations:

• Hunting: You are actively engaged in lawful hunting with a valid license in a designated hunting area.
• Shooting Ranges: You are practicing or participating in activities at a certified shooting range.
• Gun Shows: You are attending or participating in a licensed gun show where the firearm is being displayed or transported lawfully.
• Law Enforcement: You are an active or retired peace officer authorized to carry firearms.
• Military Service: You are an active member of the military performing official duties.
• Valid Concealed Carry Permit: You have a current and valid permit to carry a concealed weapon under California law.
• Professional Use: You are a licensed firearms dealer, manufacturer, or employee of a gun shop, pawn shop, or firearm repair shop handling firearms as part of your work.
• Entertainment Industry: You are involved in a film, television production, or other entertainment project where the firearm is used as a prop under controlled conditions.

Related Gun Offenses

In addition to 26350 PC, California has other firearm-related statutes that may apply, including:

• Carrying a Loaded Firearm in Public (Penal Code 25850): Criminalizes carrying any loaded firearm in public.
• Carrying a Concealed Firearm (Penal Code 25400): Prohibits carrying a firearm that is hidden from view.
• Brandishing a Weapon (Penal Code 417): Criminalizes displaying a weapon aggressively or threateningly.
• Felon in Possession of a Firearm (Penal Code 29800): Prohibits convicted felons from owning or possessing firearms.
• Illegal Sale or Manufacture of Firearms (Penal Code 26500): Regulates firearm sales and requires proper licensing.

Legal Defenses for Open Carry Charges Under Penal Code 26350

If you are charged with violating 26350 PC, several legal defenses may be available based on the specifics of your case. One potential defense is demonstrating that you qualified for a legal exception. For instance, you may have been lawfully carrying the firearm as part of your profession, such as working as a licensed firearms dealer or manufacturer, or you may have had a valid concealed carry permit, which would exempt you from the law.

Another effective defense is showing that the location where the firearm was carried does not meet the legal definition of a “public place.” For example, if you were on private property or in an area not reasonably accessible to the public, this may negate one of the key elements of the charge. Additionally, if the firearm was discovered during an unlawful search or seizure, your attorney can argue that the evidence was obtained in violation of your constitutional rights. This could lead to the evidence being excluded from court, weakening the prosecution’s case significantly.

In some cases, challenging the evidence itself can be a viable strategy. This may involve disputing the accuracy of witness statements, questioning whether the firearm was indeed visible, or proving that the weapon was not a handgun as defined under the law. Lastly, a lack of intent to violate the law can be a defense, especially if the circumstances show you did not knowingly or willfully carry the firearm unlawfully. At The Law Offices of Arash Hashemi, we carefully examine every aspect of your case to identify the most effective defense strategy and work tirelessly to achieve the best possible outcome.

Contact a Los Angeles Defense Attorney

If you are facing charges for violating 26350 PC, it’s essential to act quickly to protect your rights and build a strong defense. At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney brings over 20 years of experience defending clients against serious criminal charges. We understand the complexities of California firearm laws and are committed to providing personalized, effective representation to help you navigate this challenging time.

Attorney Arash Hashemi works tirelessly to deliver comprehensive defense strategies tailored to your unique circumstances. Whether through challenging evidence, negotiating with prosecutors, or advocating aggressively in court, we are dedicated to achieving the best possible outcome for your case.

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