--- title: "PC 25850 - Carrying a Loaded Firearm in Public" description: "PC 25850 loaded firearm in public: the law, felony triggers like an unregistered handgun or gang membership, penalties, and defenses." url: "https://www.thehfirm.com/penal-codes/pc-25850-carrying-a-loaded-firearm-in-public" site: "H Law Group" --- # PC 25850 - Carrying a Loaded Firearm in Public PC 25850 loaded firearm in public: the law, felony triggers like an unregistered handgun or gang membership, penalties, and defenses. Topics: Gun Crimes, Penal Code Penal Code 25850 prohibits carrying a loaded firearm on your person or in a vehicle while in a public place in an incorporated city, or in specified unincorporated areas. It's a companion statute to [PC 25400 (carrying a concealed firearm)](/penal-codes/pc-25400-carrying-a-concealed-firearm), and the two are frequently charged together, since a firearm can be both loaded and concealed at the same time. ## **What Penal Code 25850 Actually Says** > "A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while on any public street or public place in an incorporated city or in any public place in a prohibited area of unincorporated territory." (PC 25850(a)) Unlike PC 25400, this section doesn't require concealment. It applies whether the firearm is carried openly or concealed, as long as it's loaded and you're in a covered public place. ## **Misdemeanor or Felony? How PC 25850 Is Charged** A first-time violation with no aggravating circumstances is a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000. The offense becomes a felony when any of the following applies: - You have a prior felony conviction, or a conviction for an offense listed in Penal Code 16580 - The firearm was stolen and you knew or reasonably should have known it was stolen - You are an active participant in a criminal street gang under Penal Code 186.22 - You are not lawfully entitled to possess the firearm, including anyone falling within the prohibited classes under Penal Code 29800, 29900, or Welfare and Institutions Code 8100/8103 - The handgun is not recorded with the California Department of Justice as registered to you under Penal Code 11106 ## **Penalties** - Straight misdemeanor: up to one year in county jail and/or a fine up to $1,000 - Felony (any of the five aggravating factors above): county jail or state prison exposure under the felony sentencing scheme - Repeat offense with a prior conviction listed in Penal Code 23515: mandatory minimum of three months in county jail, absent documented unusual circumstances Peace officers may inspect a firearm to check whether it's loaded and can arrest without a warrant based on reasonable cause, even if the violation didn't occur in the officer's presence. ## **The CCW License Exception** A valid concealed carry weapon (CCW) license issued under Penal Code 26150 or 26155 generally authorizes carrying a loaded, registered handgun within the scope of the license. Whether the handgun is properly registered to the license holder with the California Department of Justice is often the deciding factor in whether prosecutors treat an unlicensed carry as a misdemeanor or push for a felony filing. ## **Common Defenses** - You held a valid CCW license covering the firearm and the location - The firearm was actually unloaded at the time, which is an element the prosecution must disprove - You qualified for a lawful transport exemption under [Penal Code 25610](/penal-codes/pc-25610-transporting-a-firearm-in-a-vehicle), carrying an unloaded firearm locked in the trunk or a locked container - The location wasn't actually a public place or covered public street under the statute - You lacked knowledge or control over the firearm, for example it belonged to another occupant of the vehicle - The stop or search that led to discovery of the firearm was unlawful ## **Related Firearm Offenses** Because PC 25850 doesn't require concealment, it's often charged alongside PC 25400 when the firearm was both loaded and concealed. If the person carrying has a prior felony, [PC 29800 (felon in possession of a firearm)](/penal-codes/pc-29800-felon-in-possession-of-a-firearm) typically becomes the more serious charge in the case. If the firearm was displayed or used against another person, PC 245(a) assault charges may follow as well. ## **Frequently Asked Questions** ### Does PC 25850 apply if the gun was unloaded? No. The statute specifically requires that the firearm be loaded. Whether ammunition was in the chamber or magazine at the time is a factual issue prosecutors have to prove. ### What's the difference between PC 25850 and PC 25400? PC 25400 punishes carrying a concealed firearm, loaded or not. PC 25850 punishes carrying a loaded firearm, concealed or openly displayed. A firearm that's both loaded and concealed can trigger both charges at once. ### Why does it matter if my handgun is registered with the DOJ? If the handgun isn't recorded with the Department of Justice as registered to you, carrying it loaded in public becomes a charge prosecutors can file as a felony rather than a straight misdemeanor. ### Can police search my car just to check if my gun is loaded? The statute gives peace officers authority to inspect a firearm to determine whether it's loaded when they have reasonable cause to believe a violation occurred. Whether a specific stop or search was lawful still depends on the facts, and that's often a key point a defense attorney will examine. ### Is a mandatory minimum sentence always imposed? The three-month minimum applies only to repeat offenders with a qualifying prior conviction under Penal Code 23515, and even then a court can depart from it if it documents unusual circumstances on the record. For the full statutory text, see [Penal Code 25850 on the California Legislative Information website](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25850.&lawCode=PEN). For general state firearm regulations, see the [California DOJ Bureau of Firearms](https://oag.ca.gov/firearms). ## Related California penal codes - [PC 25400 - Carrying a Concealed Firearm](https://www.thehfirm.com/penal-codes/pc-25400-carrying-a-concealed-firearm) - [PC 29800 - Felon in Possession of a Firearm](https://www.thehfirm.com/penal-codes/pc-29800-felon-in-possession-of-a-firearm) - [PC 245(a) - Assault With a Deadly Weapon or Firearm](https://www.thehfirm.com/penal-codes/pc-245-a--assault-with-a-deadly-weapon-firearm) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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