Carrying a gun in California is legal, but only with a valid Concealed Carry Weapon (CCW) permit. California does not allow most people to carry a firearm in public without one, and open carry of handguns is also prohibited in most circumstances. Without a valid permit, carrying a loaded or concealed firearm in California is a criminal offense.
California’s gun laws are among the strictest in the United States, and they continue to be challenged and shaped by federal court rulings following the Supreme Court’s 2022 Bruen decision. The legal picture in 2026 involves both settled law and ongoing litigation.
This article covers California’s specific carry rules in detail, compares them to major states across the country, explains what happens to BB gun and air gun carry, and answers the questions that come up most often about where you can and cannot legally carry.
Is It Legal to Carry a Gun in California
Carrying a gun in California is legal for adults who hold a valid Concealed Carry Weapon (CCW) permit issued by their county sheriff or police chief. Without that permit, carrying a concealed firearm in California violates California Penal Code Section 25400, and carrying a loaded firearm in a public place violates Section 25850.
California does not permit open carry of handguns in most public spaces. This makes it different from many states where you can openly carry a firearm without any permit. In California, the only legal path to carrying a handgun in public for most residents is through the CCW permit process.
The CCW process in California requires applicants to be at least 21 years old, complete a firearms safety course, pass a background check, and demonstrate good moral character. After the Bruen decision in 2022, California was required to adopt a “shall-issue” framework, meaning eligible applicants cannot be denied simply because a sheriff decides they do not have a good enough reason to carry.
| Carry Type | Legal in California | Requirement |
|---|---|---|
| Concealed handgun | Yes | Valid CCW permit |
| Open carry handgun (loaded) | No | Prohibited in most areas |
| Open carry handgun (unloaded) | Restricted | Prohibited in incorporated areas |
| Long guns (rifles/shotguns) | Restricted | Subject to local laws |
| Loaded firearm in vehicle | No | Prohibited without CCW |
Is It Illegal to Carry a Gun in California
Yes, carrying a gun without a permit in California is illegal and can result in felony or misdemeanor charges depending on the circumstances. California Penal Code Section 25400 makes carrying a concealed firearm without a permit a wobbler offense, meaning it can be charged as either a misdemeanor or a felony based on the defendant’s prior record and the specifics of the case.
A first-offense misdemeanor under Penal Code Section 25400 carries up to one year in county jail. Felony charges for the same conduct can result in up to three years in state prison. Carrying a loaded firearm in a public place under Penal Code Section 25850 is also a misdemeanor or felony depending on circumstances.
If a person is prohibited from owning a firearm, such as someone with a prior felony conviction, carrying any firearm elevates to a more serious charge. California also has enhancements for carrying firearms in certain locations, including school zones, which add additional criminal exposure.
Bold fact: Under California Penal Code Section 25400, carrying a concealed firearm without a permit can result in a felony charge carrying up to three years in state prison if the defendant has a prior firearms offense.
Is It Legal to Carry a Gun
Carrying a gun is legal in the United States for most law-abiding adults, but the specific rules depend entirely on which state you are in. There is no single national “carry law.” Each state sets its own framework, ranging from constitutional carry (no permit needed) to strict permit requirements to outright bans on concealed carry in certain jurisdictions.
The Second Amendment protects the right to keep and bear arms, and the Supreme Court has confirmed in both Heller v. District of Columbia (2008) and NYSRPA v. Bruen (2022) that this right extends beyond the home. The Bruen decision specifically addressed the right to carry in public, holding that states cannot require applicants to show a special need to carry.
Despite Bruen, states retain significant authority to regulate how, where, and under what conditions guns may be carried. Permit requirements, training mandates, background checks, and location-based prohibitions remain constitutional under current Supreme Court precedent as long as they are consistent with the nation’s historical tradition of firearm regulation.
Is It Illegal to Carry a Gun
Carrying a gun is illegal in specific circumstances regardless of which state you are in. Federal law prohibits certain categories of people from possessing firearms at all, including convicted felons, domestic violence misdemeanants, those subject to qualifying restraining orders, illegal aliens, and people involuntarily committed to a mental institution.
The Gun-Free School Zones Act (18 U.S.C. Section 922(q)) makes it a federal crime to knowingly possess a firearm within 1,000 feet of a school zone. This federal law applies in every state and creates criminal exposure even for people who are otherwise legally permitted to carry.
State laws add their own prohibitions. Most states ban carry in courthouses, polling places, bars, schools, and government buildings regardless of permit status. Some states extend these prohibitions to churches, sporting events, and hospitals. Violating location-based restrictions is illegal in every state, even for permit holders.
Key Takeaway: Carrying a gun is legal in most US states for eligible adults, but federal prohibitions, state permit requirements, and universal location restrictions create a complex web that every gun carrier must navigate carefully.
Where Is It Illegal to Carry a Gun
Carrying a gun is illegal in certain locations throughout the United States regardless of state law or permit status. These universal restrictions apply everywhere and represent the minimum floor of gun carry restrictions.
Federal law prohibits carrying in federal buildings, federal courthouses, the US Capitol, and any facility designated as a federal facility. The Gun-Free School Zones Act prohibits carrying within 1,000 feet of a school zone without state authorization to do so.
State laws universally extend these restrictions to additional locations. Common prohibited locations in most states include: state courthouses and courtrooms, police stations, jails and prisons, school campuses (K-12 and often colleges), polling places during elections, secured areas of airports, and establishments with liquor licenses where alcohol is consumed on premises. California’s SB 2 (2023) created one of the most expansive “sensitive places” lists in the country, though multiple provisions of SB 2 have been challenged in federal court.
Universal prohibited carry locations (apply in most states):
- Federal buildings and courthouses
- Schools (K-12), including the 1,000-foot school zone under federal law
- Airport security areas
- Government buildings and offices
- Active polling places
- Jails and prisons
- Places of worship (in many states)
- Bars and establishments serving alcohol (in many states)
Is It Legal to Carry a Gun in Texas
Carrying a gun in Texas is legal for eligible adults without any permit requirement. Texas adopted Constitutional Carry (permitless carry) in 2021 under Texas House Bill 1927 (HB 1927), which took effect on September 1, 2021.
Under the Texas Constitutional Carry law, any adult 21 years of age or older who is legally allowed to possess a handgun may carry it concealed or openly in a holster without obtaining a License to Carry (LTC). The LTC still exists in Texas for those who want reciprocity with other states or who need it for other reasons, but it is no longer required for carry within Texas.
Prohibited persons under Texas law, including those with felony convictions, Class A or B misdemeanor convictions within the past five years, certain family violence convictions, and those subject to protective orders, cannot legally carry. Location restrictions also apply: Texas prohibits carry in schools, polling places, courts, racetracks, secured airport areas, bars (51% establishments), and amusement parks that have posted the appropriate prohibitory signs.
Is It Legal to Carry a Gun in Florida
Carrying a gun in Florida is legal without a permit for eligible adults following Florida’s adoption of permitless carry under SB 360, which took effect on July 1, 2023. Florida joined the constitutional carry movement with this law, allowing eligible adults 21 and older to carry a concealed handgun without obtaining a Concealed Weapon License (CWL).
Florida’s existing CWL system remains in place for those who want reciprocity benefits in other states or access to certain locations. The CWL in Florida has historically been one of the most popular in the country, with millions of active licenses.
Open carry of handguns in Florida remains illegal under Florida Statute Section 790.053, even after the permitless carry bill passed. Florida allows only concealed carry without a permit. Location restrictions apply in Florida as well, including schools, government buildings, and establishments that primarily serve alcohol.
| Florida Carry Type | Permitted | Requirement |
|---|---|---|
| Concealed carry | Yes | No permit (for eligible adults 21+) |
| Open carry of handgun | No | Prohibited by Florida law |
| Long gun carry | Yes (unloaded in vehicle) | Vehicle transport rules apply |
| CWL holders | Yes | Permit valid for reciprocity benefits |
Is It Legal to Carry a Gun in New York
Carrying a gun in New York is legal only with a valid Pistol License (PL), which is New York’s version of a concealed carry permit. New York does not allow constitutional carry and requires a permit for any public carry of a handgun.
Following the Bruen decision in 2022, New York was required to stop using its previous “proper cause” standard for denying carry permits. New York responded by enacting the Concealed Carry Improvement Act (CCIA), which replaced the good cause requirement with a “good moral character” standard and created an extensive list of sensitive places where even permit holders cannot carry.
Multiple provisions of New York’s CCIA have been challenged in federal court, and as of 2026, ongoing litigation has enjoined some aspects of the sensitive places list while other provisions remain in effect. The permit requirement itself remains valid. New York City has additional local restrictions beyond the state framework, making carry in NYC even more restricted.
Bold fact: Unlawful possession of a firearm in New York under New York Penal Law 265.01-b is a Class E felony carrying up to four years in state prison for a first offense.
Is It Legal to Carry a Gun in New Jersey
Carrying a gun in New Jersey requires a Permit to Carry a Handgun (PCH), and New Jersey has historically been one of the most difficult states in the country for civilians to obtain a carry permit. Following the Bruen decision, New Jersey adopted a new framework that eliminated the “justifiable need” requirement.
New Jersey’s Pub. Law 2022, Chapter 58, enacted after Bruen, created a new permit application process along with an expansive list of sensitive places where carry is prohibited. New Jersey’s sensitive places list includes bars and restaurants, parks, beaches, casinos, entertainment venues, libraries, and many other locations.
Federal courts have enjoined parts of New Jersey’s post-Bruen sensitive places law, similar to challenges in California and New York. The PCH requirement itself remains in effect, and unlawful possession of a weapon under NJ Rev. Stat. 2C:39-5 carries up to five years in state prison for a third-degree crime.
Is It Legal to Carry a Gun in Arizona
Carrying a gun in Arizona is legal for eligible adults without any permit. Arizona has been a constitutional carry state since 2010, making it one of the first states to adopt this framework. Any person 21 or older who is not otherwise prohibited from possessing a firearm can carry a loaded concealed or open-carry handgun in Arizona.
Arizona does offer a voluntary Concealed Weapons Permit (CWP) for those who want it, primarily for reciprocity purposes when traveling to other states. The CWP in Arizona requires a safety training course and background check but is not required for carry within the state.
Prohibited persons in Arizona who cannot legally carry include convicted felons, those convicted of domestic violence offenses, those subject to restraining orders, and minors. Location restrictions apply in Arizona as well, including schools and nuclear generating stations.
Is It Legal to Carry a Gun in Tennessee
Carrying a gun in Tennessee is legal for eligible adults without a permit under Tennessee’s permitless carry law, enacted through HB 786 in 2021. Tennessee allows adults 21 and older, as well as certain 18-20 year olds who are active duty military or veterans, to carry a handgun without a permit.
Tennessee’s Enhanced Handgun Carry Permit (EHCP) and Concealed Handgun Carry Permit (CHCP) systems remain in place for reciprocity and enhanced location access. Some locations in Tennessee only allow carry for permit holders.
Location restrictions in Tennessee include schools, public parks in some circumstances, police stations, courthouses, and establishments with posted prohibitions. Tennessee law also addresses carry in places of worship, creating specific rules around church carry that require official authorization from the church authority.
Key Takeaway: Texas, Florida, Arizona, and Tennessee all allow constitutional carry for eligible adults without a permit. California, New York, and New Jersey require permits and are among the most restrictive states for gun carry in the US.
Is It Legal to Carry a Gun in Ohio
Carrying a gun in Ohio is legal for eligible adults without a permit as of June 13, 2022, when Ohio’s permitless carry law took effect. Ohio adults 21 and older who are not legally prohibited from possessing firearms can now carry a concealed handgun without obtaining a Concealed Handgun License (CHL).
Ohio’s CHL system remains available and provides benefits for reciprocity with other states. Ohio requires CHL holders to inform law enforcement officers of their carry status during traffic stops, and permitless carriers have the same duty to inform requirement during law enforcement interactions.
Prohibited locations in Ohio include school safety zones, courthouses, police stations, government facilities, airport secured areas, and places of worship with proper posting. Ohio also prohibits carry in certain premises that serve alcohol.
Is It Legal to Carry a Gun in Minnesota
Carrying a gun in Minnesota is legal with a valid Minnesota Permit to Carry, issued under Minnesota Statute 624.714. Minnesota requires a permit for both concealed and open carry of a pistol in public, and does not have constitutional carry as of 2026.
Minnesota’s permit process requires applicants to complete an approved firearms safety training course, pass a background check, and submit an application to their county sheriff. Minnesota is a shall-issue state, meaning qualified applicants must be issued a permit; there is no discretionary denial for those who meet the criteria.
Minnesota’s permit is valid for five years and is recognized in several other states through reciprocity. Carry is prohibited in schools, courthouses, and establishments that derive more than 50% of their gross receipts from alcohol sales. Carrying without a permit in Minnesota is a gross misdemeanor for a first offense, carrying potential jail time and fines.
Is It Legal to Carry a Gun in Washington DC
Carrying a gun in Washington DC is legal only with a DC Concealed Pistol License (CPL), and DC has some of the most restrictive carry rules in the country. DC was previously a “may-issue” jurisdiction that effectively denied most civilian carry licenses, but following Bruen, the DC Circuit upheld a revised “shall-issue” framework.
Obtaining a DC CPL requires a 16-hour training course, background check, passing a written test and range qualification, and meeting other requirements. The process is among the most demanding of any US jurisdiction, and the license is not valid in neighboring Virginia or Maryland.
DC prohibits carry in a very wide range of locations, including the National Mall, public transportation, restaurants serving alcohol, government buildings, and many other sensitive locations. Violating DC’s carry restrictions is a felony under DC law.
Is It Legal to Carry a BB Gun
Carrying a BB gun is legal in most US states for adults, but BB guns occupy a specific legal category that varies significantly from state to state and even city to city. Most states do not classify BB guns as firearms under their criminal code, which means many firearm-specific restrictions do not automatically apply to them.
California is an example where BB gun laws are specific and strict. Under California Penal Code Section 16250, a BB gun is not a firearm in the traditional sense, but California has specific laws governing the carry and display of BB guns in public. Brandishing or carrying a BB gun in a threatening manner in California can result in criminal charges.
Some states treat BB guns identically to firearms for certain purposes. Illinois, for example, classifies certain air guns as dangerous weapons subject to the state’s weapons statutes in some contexts. New York City has strict regulations on BB guns that make them essentially illegal to possess within the city.
Key Takeaway: BB gun laws are inconsistent across states. Most states allow adult BB gun ownership without treating them as firearms, but carry in public, especially in cities, is subject to brandishing laws, local ordinances, and specific state regulations that can result in criminal charges.
Is It Illegal to Carry a BB Gun in Public
Carrying a BB gun in public can be illegal depending on how it is carried and which jurisdiction you are in. While most states do not classify BB guns as firearms, public carry can still create criminal exposure through brandishing laws, disorderly conduct statutes, and specific municipal ordinances.
The key legal risk with BB guns in public is the realistic appearance of many modern BB guns and airsoft guns. Law enforcement officers cannot always distinguish a realistic-looking BB gun from a real firearm. Many states and cities have enacted laws specifically addressing the public display or carry of realistic imitation firearms, even if they are not true firearms.
California Penal Code Section 20170 prohibits carrying any BB device or any replica firearm in a public place if it is intended to be displayed in a threatening manner or in a way that could reasonably cause public alarm. Most incidents where BB gun carriers face legal trouble involve this type of brandishing or alarming display.
Is It Illegal to Carry a BB Gun in Texas
Carrying a BB gun in Texas is not subject to the same rules as carrying a firearm. BB guns and air guns are not classified as firearms under Texas Penal Code Section 46.01, which defines firearms as devices that use gunpowder or explosive force. BB guns use compressed air or CO2.
This means Texas’s permitless carry law for firearms does not directly apply to BB guns, but it also means many of the firearms restrictions do not apply either. Texas adults can generally possess and carry BB guns without a carry permit.
The practical limit on BB gun carry in Texas is the same as in other states: threatening display or brandishing a BB gun in public can result in disorderly conduct or terroristic threat charges regardless of whether the device is technically a firearm. Some Texas municipalities also have local ordinances that address BB guns and imitation firearms more specifically than state law.
Frequently Asked Questions
Do you need a permit to carry a concealed gun in California?
Yes, you need a valid Concealed Carry Weapon (CCW) permit to carry a concealed handgun in California.
California Penal Code Section 25400 makes carrying a concealed firearm without a permit a criminal offense.
After the Bruen decision in 2022, California moved to a shall-issue framework, meaning eligible applicants must be issued a permit.
Open carry of handguns is also prohibited in most California public areas regardless of permit status.
What is the penalty for carrying a gun illegally in California?
Carrying a concealed firearm without a permit under California Penal Code 25400 is a wobbler offense that can be charged as a misdemeanor or felony.
A misdemeanor conviction carries up to one year in county jail.
A felony conviction carries up to three years in state prison.
If the person is prohibited from owning firearms, the charges and penalties are significantly more severe.
Can you carry a gun in California without a permit after the Bruen ruling?
No, the Bruen ruling did not eliminate California’s permit requirement for carrying a gun.
The Bruen decision required California to stop using its “good cause” standard for denying permits, moving to a shall-issue system.
California still requires a valid CCW permit for any public concealed carry.
California’s SB 2 (2023), which created a list of sensitive places, has been partially enjoined by federal courts but the permit requirement itself remains in effect.
Is it legal to carry a loaded gun in your car in California?
Carrying a loaded gun in a vehicle without a CCW permit is illegal in California under Penal Code Section 25850.
A CCW permit holder can carry a loaded handgun in a vehicle.
Without a permit, a handgun in a vehicle must be unloaded and stored in a locked container separate from ammunition.
Long guns like rifles and shotguns have separate transportation rules under California law.
Which states allow constitutional carry without a permit in 2026?
More than half of US states have adopted some form of constitutional carry or permitless carry as of 2026.
States with constitutional carry include Texas (since 2021), Florida (since July 1, 2023), Arizona (since 2010), Tennessee (since 2021), and Ohio (since 2022), among others.
These states allow eligible adults without disqualifying criminal records to carry concealed or openly without obtaining a permit.
California, New York, New Jersey, and Washington DC are among the states that still require permits for public carry.
Closing
Gun carry laws in the US range from completely open constitutional carry in over 25 states to strict permit requirements in California, New York, and New Jersey. Knowing your state’s specific rules before carrying any firearm is not optional.
Bookmark this article and share it with anyone who travels with a firearm or is considering it. Laws change, court decisions reshape the framework, and staying current is how you stay out of serious legal trouble in 2026.
