In California, Vehicle Code (VC) Section 23114 prohibits driving a vehicle with any object extending more than 3 feet beyond the rear of the vehicle. This includes objects such as ladders, lumber, and surfboards. However, there is an exception to this law for tailgates. VC Section 23115(b) states that a tailgate may extend no more than 6 inches beyond the rear of the vehicle.
Therefore, it is legal to drive in California with your tailgate down as long as it does not extend more than 6 inches beyond the rear of the vehicle.