Firearms Carry

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Big bold headings hopefully to make this easy to understand, but it seems OP's questions about about carrying firearms in parks or forests, is probably answered by [this Calguns.net thread](https://www.calguns.net/calgunforum/showthread.php?t=186457) and not by the following. Short answer is don't try anything inside an incorporated city or where county law prohibits discharge of a firearm.

    • UNLICENSED CONCEALED CARRY**

California [Penal Code section 25400](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25400.&lawCode=PEN) prohibits unlicensed concealed carry:

(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 person’s control or direction any pistol**, revolver, or other firearm capable of being concealed upon the person.
(2) **Carries concealed upon the person any pistol**, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) **A firearm carried openly in a belt holster is not concealed within the meaning of this section**.

Note that for unlicensed carry, it doesn't matter whether you're in an incorporated city or not; it's just illegal without a license, unless some legal exception such as residence, place of business, or the locked container in a car, applies.

    • UNLICENSED LOADED OPEN CARRY**

[Penal Code section 25850](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25850&lawCode=PEN) prohibits having a loaded gun while in an incorporated city or in the unincorporated parts of the county where discharge of a firearm is prohibited:

(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 public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

[People v. Knight (2004) 121 Cal.App.1568, 1576](https://scholar.google.com/scholar_case?case=1444128056307887581) held that the above law should be construed as prohibiting

carrying a loaded firearm on one's person or in a vehicle:
(1) while in any public place in an incorporated city;
(2) while on any public street in an incorporated city;
(3) while in any public place in a prohibited area of unincorporated territory; or
(4) while on any public street in a prohibited area of unincorporated territory.

[Penal Code section 17030](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17030.) says:

As used in this part, “prohibited area” means any place where it is unlawful to discharge a weapon.

Under [Penal Code section 16840, subdivision (b), paragraph (1)](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=16840):

A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.

[People v. Clark (1996) 45 Cal.app.4th 1147](https://scholar.google.com/scholar_case?case=2516749230498815789) clarified that:

"a firearm is "loaded" when a shell or cartridge has been placed into a position from which it can be fired"

Thus, shotgun shells on a buttstock shell holder of a shotgun are not "loaded," because they're not in a position ready to fire. There isn't anything that explicitly says so, but full magazine inserted, but no round chambered is probably loaded, but full magazine not inserted, but somewhere on the body is probably not "loaded" as long you're not doing something stupid like committing a crime or in a government building.

Also note that under Penal Code section 25850, subdivision (b), having a firearm in an area in which loaded carry is illegal is pretty much an invitation for a legal warrantless search for an officer to check if it's loaded. "Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest," which means an arrest and a legal warrantless search incident to arrest.

    • UNLICENSED UNLOADED OPEN CARRY**

For unloaded open carry of handguns, [Penal Code section 26530](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=26350.&lawCode=PEN) says:

(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.

For unlicensed unloaded open carry of long arms, [Penal Code section 26400](https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=5.&title=4.&part=6.&chapter=7.&article=1.) says:

(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.