Call Us Today - It's Free! Text Us
Text Us

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.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

Our Team

Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts