The purpose of this section is not to recapitulate every local law or policy. One needs to research their own local laws and interpretation and effect in their area. This is not a catalog of every county/city municipal code, every park district rule, or every other public entity’s regulations. This is 2020 and we trust you can figure out how to search for these things online. Changes by SB 2 do not take effect until January 1, 2024, if they are not placed on hold by a preliminary injunction. Read more on the SB 2 page.
How to find your local laws
For those openly carrying in the Tules, unsafe discharge of firearm (are shooting prohibitions) will be an important ordinance for you to find.
Many counties (and cities) host their municipal codes with Municode.com. There are several other popular websites that host this as well. Some smaller counties host the ordinances themselves in HTML format or even as PDFs.
Example: Mariposa County
Start with a Google search. Let’s take Mariposa County. Most counties have their weapons, firearms, and unsafe discharge ordinances listed under something like “Public Peace” or “Public Safety” sections. Some counties (and cities) may have them under “Police Regulations” or something similar.
Many counties (and cities) host their municipal codes with Municode.com. There are several other popular websites that host this as well. Some smaller counties host the ordinances themselves in HTML format or even as PDFs.
Example: Mariposa County
Start with a Google search. Let’s take Mariposa County. Most counties have their weapons, firearms, and unsafe discharge ordinances listed under something like “Public Peace” or “Public Safety” sections. Some counties (and cities) may have them under “Police Regulations” or something similar.
In Mariposa County, we find Title 9, Chapter 24 (9.24) “Weapons Free Zone.” Section 9.24.010 makes it illegal to openly carry a weapon in the John C. Fremont Healthcare District if requested to disarm. This ordinance from 1998 dates from when unloaded open carry was not regulated.
We’re not finding any unsafe discharge ordinances. Let’s check Title 8 “Health and Safety.” Hmm, nothing there. Let’s search the code for “firearm” to be safe.
12.16.060 prohibits discharging firearms in the Lake McClure or Lake McSwain recreation areas, so open carry is off-limits there. 12.16.110 prohibits shooting “within ½ mile of the center of the Merced river on lands administered by the Bureau of Land Management;” no open carry there. 19.02.210 doesn’t allow you to shoot at the airport; probably a prudent requirement.
So given that there is no general county ordinance against discharge of firearms and there are no incorporated cities in Mariposa County, the “prohibited areas” mentioned in the open carry statutes are quite small. Barring other laws (like gun-free school zones) and regulations like National Forest shooting bans, loaded and unloaded open carry would be legal on public streets and places in built-up areas of the county. Of course, in practice the reality is quite different.
We’re not finding any unsafe discharge ordinances. Let’s check Title 8 “Health and Safety.” Hmm, nothing there. Let’s search the code for “firearm” to be safe.
12.16.060 prohibits discharging firearms in the Lake McClure or Lake McSwain recreation areas, so open carry is off-limits there. 12.16.110 prohibits shooting “within ½ mile of the center of the Merced river on lands administered by the Bureau of Land Management;” no open carry there. 19.02.210 doesn’t allow you to shoot at the airport; probably a prudent requirement.
So given that there is no general county ordinance against discharge of firearms and there are no incorporated cities in Mariposa County, the “prohibited areas” mentioned in the open carry statutes are quite small. Barring other laws (like gun-free school zones) and regulations like National Forest shooting bans, loaded and unloaded open carry would be legal on public streets and places in built-up areas of the county. Of course, in practice the reality is quite different.
Example: Ventura County
So we’ve found the Municode.com link for Ventura County. We found the unsafe discharge of firearm ordinance under Division 5, “Safety.” Ordinance 5211 prohibits the following:
So we’ve found the Municode.com link for Ventura County. We found the unsafe discharge of firearm ordinance under Division 5, “Safety.” Ordinance 5211 prohibits the following:
Except as otherwise provided in this Article, it is unlawful to shoot, fire, or discharge any firearm, bow and arrow, or any air, gas or spring weapon in the unincorporated area of Ventura County within three hundred (300) yards of any dwelling, house, residence or other building used in connection therewith without the express permission of the owner or person in possession of the dwelling, house, residence, or any other building.
5313 describes “highly restricted areas,” namely the Santa Clara River bed as an additional prohibited area. 5314 prohibits shooting in posted areas of the Los Padres National Forest and duplicates some forest service prohibitions.
Running a search for “firearm” we find that 61007-3 prohibits shooting on or across the Rincon Parkway. 6307-4 prohibits possession and shooting of firearms in county parks.
Example: Del Norte County
Hmm, Del Norte hosts it’s own code. We find 9.48.10, an ordinance from 1905, that requires someone to have a permit from the board of supervisors before they can carry a permit. This has clearly been preempted by state law.
Under Title 9, Chapter 48, we find it’s illegal to shoot on or across lakes or sloughs, the Smith River, and in the area of Crescent City. 7.16.90 and 11.32.20 make it illegal to shoot at the county dump and at the airport.
Other local restrictions
Don’t forget to check for local park or district regulations (sometimes posted on the website of the agency instead of a proper municipal code ordinance). Strange little sub-municipal entities may exist that you’ve never heard of. Do some research before you go. Google is your friend.
Also, when shooting on federal land, check for local restrictions. Often, the Forest Service has seasonal fire restrictions or closes areas to shooting. Look up closures on the website of your local National Forest. BLM sometimes has restrictions too, so check with them, especially near populated areas.
Running a search for “firearm” we find that 61007-3 prohibits shooting on or across the Rincon Parkway. 6307-4 prohibits possession and shooting of firearms in county parks.
Example: Del Norte County
Hmm, Del Norte hosts it’s own code. We find 9.48.10, an ordinance from 1905, that requires someone to have a permit from the board of supervisors before they can carry a permit. This has clearly been preempted by state law.
Under Title 9, Chapter 48, we find it’s illegal to shoot on or across lakes or sloughs, the Smith River, and in the area of Crescent City. 7.16.90 and 11.32.20 make it illegal to shoot at the county dump and at the airport.
Other local restrictions
Don’t forget to check for local park or district regulations (sometimes posted on the website of the agency instead of a proper municipal code ordinance). Strange little sub-municipal entities may exist that you’ve never heard of. Do some research before you go. Google is your friend.
Also, when shooting on federal land, check for local restrictions. Often, the Forest Service has seasonal fire restrictions or closes areas to shooting. Look up closures on the website of your local National Forest. BLM sometimes has restrictions too, so check with them, especially near populated areas.
Preemption
The concept of state preemption of firearm laws is one where only the state legislature can make laws regarding firearms (usually excepting unsafe discharge). Such laws are common in many states and some are extremely restrictive on what local governments can do. Preemption laws restrict the ability of a gun-hostile community making laws that would be different from the rest of the state.
Uniformity of gun laws is important because people travel and gun laws that vary wildly from jurisdiction to jurisdiction puts otherwise law abiding persons at risk. If Riverside County is okay with people carrying guns in a certain place, but Modoc County is not, how is a traveler to know the difference and obey the law without carefully and extensive researching all the variations from place to place?
California has extremely weak preemption that applies only to firearm registration and licensing. Cities and counties can enact any law they want unless it directly conflicts with a legislative statute. A direct conflict would be anything that contradicts, duplicates, or eradicates something the Legislature has proscribed. Unless the Legislature has declared that it "fully occupies" the area, municipalities can legislate in that area.
The constitutional powers granted to cities and counties are quite broad:
Uniformity of gun laws is important because people travel and gun laws that vary wildly from jurisdiction to jurisdiction puts otherwise law abiding persons at risk. If Riverside County is okay with people carrying guns in a certain place, but Modoc County is not, how is a traveler to know the difference and obey the law without carefully and extensive researching all the variations from place to place?
California has extremely weak preemption that applies only to firearm registration and licensing. Cities and counties can enact any law they want unless it directly conflicts with a legislative statute. A direct conflict would be anything that contradicts, duplicates, or eradicates something the Legislature has proscribed. Unless the Legislature has declared that it "fully occupies" the area, municipalities can legislate in that area.
The constitutional powers granted to cities and counties are quite broad:
California Constitution, Article XI, SEC. 7. A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
Two specific statutes apply to local districts. 33211.5 PRC allows the Santa Monica Mountains Conservancy to ban the use and possession of "dangerous weapons." 71660 WAT allows a municipal water district to ban the "possession or discharge of firearms" at its facilities. Generally, it can be assumed that sub-municipalities (generally one of California’s many types of local districts) has some level of rulemaking procedure that it can apply, but the penalties are usually backed up generic laws like trespassing if one refuses to comply.
In short, any government body can do almost anything it wants.
The Legislature has only “fully occupied” one area regarding firearms preemption:
In short, any government body can do almost anything it wants.
The Legislature has only “fully occupied” one area regarding firearms preemption:
53071 GOV. It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code.
Many challenges to local gun ordinances have been tried and failed. Essentially, unless the ordinance deals with registration or licensing, the ordinance can stand. There is little to no recourse in the courts and most intents and purposes, the concept of preemption in California does not exist.
The gun community opinion, based on the statements of certain local officials, is that a concealed carry licensee is exempt from local firearm ban ordinances unless the conditions of a license obligate a licensee to obey them. This is not reflected in law and largely conjecture.
Often, Californians find firearm prohibitions in local park, district, or city/county ordinances and ask “Do these apply to me as a licensed individual?” Contact your issuing agency and ask their interpretation; the question of whether or not a local ban on say, guns in parks, applies to you will be interpreted locally. It may be that the local authorities consider you exempt as a licensee. If they provide something to you in writing, save it. Should you run into legal trouble it will be evidence of estoppel.
If you are too terrified of a local park ordinance banning guns, likely never intended to apply to licensed concealed carriers, you probably shouldn’t be carrying. In reality, no one is likely to find out or if they do, care.
As for activists, carefully consult well-experienced firearms attorneys before deciding to challenge preemption in court. Good citizens will always remain engaged with their local authorities to counter proposed bad ordinances.
The gun community opinion, based on the statements of certain local officials, is that a concealed carry licensee is exempt from local firearm ban ordinances unless the conditions of a license obligate a licensee to obey them. This is not reflected in law and largely conjecture.
Often, Californians find firearm prohibitions in local park, district, or city/county ordinances and ask “Do these apply to me as a licensed individual?” Contact your issuing agency and ask their interpretation; the question of whether or not a local ban on say, guns in parks, applies to you will be interpreted locally. It may be that the local authorities consider you exempt as a licensee. If they provide something to you in writing, save it. Should you run into legal trouble it will be evidence of estoppel.
If you are too terrified of a local park ordinance banning guns, likely never intended to apply to licensed concealed carriers, you probably shouldn’t be carrying. In reality, no one is likely to find out or if they do, care.
As for activists, carefully consult well-experienced firearms attorneys before deciding to challenge preemption in court. Good citizens will always remain engaged with their local authorities to counter proposed bad ordinances.
No guns signs on public buildings
171b(b)(3) provides an exemption for licensed individuals. Unless another specific restriction applies (jails, capitol grounds, etc.) you may legally carry there. This includes the DMV, city hall, the county government center, library, etc. If the public building is posted “no guns,” and there is no specific other ban that wipes out the 171b exemption for licensees, you can carry past the sign.
Local courthouses and some government buildings will push their own regulations and there is little recourse for citizens. Weak preemption means no legal relief in court.
The reality is that concealed means concealed and probably no one will ever notice or know. Metal detectors would obvious reveal your firearm and an interesting conversation will likely ensue. Many public buildings (like courthouses) with enhanced security will not let you carry a firearm, 171b notwithstanding.
Because California has weak preemption laws and a totally hostile attitude towards carrying firearms, at a minimum you most likely will be refused entry. Legal or not, expect an adverse reaction and consequences. This may go beyond refused entry; you may be disarmed or even arrested.
It is recommended that one not carry at public buildings with metal detectors and other detection equipment unless you want to be a test case. And even you do want to become a test case, be prepared to lose under Heller’s “sensitive place” doctrine or if successful, be the impetus for a new law. Remember what happened when the Black Panthers pushed the issue in 1967.
Local courthouses and some government buildings will push their own regulations and there is little recourse for citizens. Weak preemption means no legal relief in court.
The reality is that concealed means concealed and probably no one will ever notice or know. Metal detectors would obvious reveal your firearm and an interesting conversation will likely ensue. Many public buildings (like courthouses) with enhanced security will not let you carry a firearm, 171b notwithstanding.
Because California has weak preemption laws and a totally hostile attitude towards carrying firearms, at a minimum you most likely will be refused entry. Legal or not, expect an adverse reaction and consequences. This may go beyond refused entry; you may be disarmed or even arrested.
It is recommended that one not carry at public buildings with metal detectors and other detection equipment unless you want to be a test case. And even you do want to become a test case, be prepared to lose under Heller’s “sensitive place” doctrine or if successful, be the impetus for a new law. Remember what happened when the Black Panthers pushed the issue in 1967.
Photo credit: Cabe6403