Article 1. Crime Of Carrying An Unloaded Firearm That Is Not A Handgun In An Incorporated City Or City And County of California Penal Code >> Division 5. >> Title 4. >> Part 6. >> Chapter 7. >> Article 1.
(a) A person is guilty of carrying an unloaded firearm that
is not a handgun in an incorporated city or city and county when that
person carries upon his or her person an unloaded firearm that is
not a handgun outside a vehicle while in the incorporated city or
city and county.
(b) (1) Except as specified in paragraph (2), a violation of this
section is a misdemeanor.
(2) A violation of subdivision (a) is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and imprisonment,
if the firearm and unexpended ammunition capable of being discharged
from that firearm are in the immediate possession of the person and
the person is not in lawful possession of that firearm.
(c) (1) Nothing in this section shall preclude prosecution under
Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a penalty
greater than is set forth in this section.
(2) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
(d) Notwithstanding the fact that the term "an unloaded firearm
that is not a handgun" is used in this section, each individual
firearm shall constitute a distinct and separate offense under this