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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Alameda Gun Lawyer

Although the Second Amendment protects the general right to bear arms, all states have gun laws that restrict weapon possession. These laws are meant to balance the right to gun ownership with the necessity of protecting the public. If you or a loved one is facing gun-related charges, you may wish to consult an Alameda gun lawyer for advice.

Various defenses may exist if you are charged with a firearms offense. With legal advice from a criminal defense lawyer, you may be able to explore your alternatives and make educated decisions about your case.

Illegal Possession of Firearms

Some individuals are not eligible to possess, purchase, or receive firearms. First, individuals with a felony conviction may not possess firearms under state and federal law. Individuals with addictions to any narcotic drugs also may not legally possess firearms according to state law.

Furthermore, state law prohibits individuals with two or more prior convictions for brandishing a firearm from owning guns. Federal law also bans non-citizens, dishonorably discharged military members, and anyone facing indictment for a crime that could result in a state prison sentence from possessing firearms.

Carrying Guns in Public

Under state law, knowingly carrying a loaded gun in a public prohibited area, whether on your person or in your vehicle, can be a misdemeanor or a felony criminal offense. This regulation does not apply to peace officers, members of the military, vehicle guards, federal officers, and individuals with permits to possess a firearm. Prohibited areas include places like courthouses and schools.

In most cases, this offense is a misdemeanor, which carries the potential for probation, a maximum of one year in the county jail, and a maximum $1,000 fine. However, it is a felony if the individuals have a prior misdemeanor conviction for a crime involving drugs or property, and they are not the registered owners of loaded firearms.

The only legal means of transporting a firearm by vehicle is to carry it locked in the trunk of the car or a locked container other than the utility or glove compartment. Individuals can also carry firearms to and from their vehicles in locked containers. As the penalties for illegally possessing firearms may be quite severe, individuals facing these charges may wish to seek legal guidance from a gun lawyer in Alameda.

Carrying Concealed Weapons

If individuals are knowingly carrying concealed weapons, they may violate state law. Of course, if the persons are law enforcement officers, military members, or security guards, or have concealed weapons carry permits, they do not violate this section.

A violation of this section can be either a misdemeanor or a felony offense. If the individuals have a prior conviction, they typically must serve a minimum of three months in jail, even for a misdemeanor offense. A concealed carry offense may be charged as a felony if the individuals:

  • Have prior felony convictions
  • Are persons prohibited from carrying firearms
  • Have prior convictions for crimes against persons or property, or a narcotics or drug offense

Non-registered owners of guns who are carrying them concealed and loaded, or within immediate reach of ammunition, can also face felony charges for this offense. For a felony offense, individuals may receive a prison sentence of 16 months, two years, or three years, plus a $10,000 fine. The potential prison sentences for these crimes may be lengthy, so consulting a gun attorney in Alameda may be wise.

Contact an Alameda Gun Attorney for Advice

Whether you are charged with a misdemeanor or felony, you do not have to face a weapons charge alone. By having an aggressive Alameda gun lawyer to represent your interests, you may be able to combat the charges against you more effectively. Reach out to an experienced attorney today for legal representation.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer