Article 2 - Exemptions

California Penal Code — §§ 26361-26392

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Sections (33)

Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.

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.

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.

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.

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.

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.

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. 2012, Ch. 700, Sec. 9. (AB 1527) Effective January 1, 2013.

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. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.

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.

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.

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.

Amended by Stats. 2017, Ch. 779, Sec. 2. (AB 424) Effective January 1, 2018.

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.

Added by Stats. 2011, Ch. 725, Sec. 14. (AB 144) Effective January 1, 2012.

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.

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.

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.

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.

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.

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.

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.

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.

Repealed (in Sec. 19) and added by Stats. 2024, Ch. 544, Sec. 20. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.

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.
(h)Complying with Section 527.9 of the Code of Civil Procedure, as it pertains to that handgun.
(i)This section shall become operative on January 1, 2026.

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