For 2012, the law adds a new Chapter 6 (commencing with Section 26350) to Division 5 of Title 4 of Part 6 of the California Penal Code.
Chapter 6 is titled "Openly Carrying an Unloaded Handgun"
Article 1 of Ch. 6 is titled "Crime of Openly Carrying an Unloaded Handgun" Violation is a misdemeanor.
Article 2 of Ch. 6 is titled "Exemptions" and contains 28 statutes, one of which refers to another article containing 13 exemption statutes.
Following is the main text of the new misdemeanor crime, PC 26350:
(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 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.
if you are arrested or charged with a crime, contact:
Christine McGuire, Criminal Defense Attorney
Santa Cruz, Monterey, Santa Clara County