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Gun regulation is a nuanced area of legislation, balancing constitutional concerns with public safety considerations. California’s gun laws are especially complex, and a conviction can lead to very significant penalties for firearms offenders.

Contact a Dublin gun lawyer if you or someone you care about is facing any type of gun charge. An experienced attorney could help build the best possible defense for your particular case. En Español.

What are the California Gun Laws?

Although California does not require permits to buy firearms – and does not require owners to register rifles and shotguns – the state does require the registration of all handguns and any firearms that are considered to be assault weapons. Even if you legally own such weapons, failing to register such weapons properly is a crime in California.

The purchase of firearms in California is also a complicated process that requires attention to detail by each party involved. Some of the steps that must be completed by anyone who wishes to purchase a firearm in California include:

  • Providing a California driver’s license or a state-issued ID card – and one other form of identification that proves they reside within the state (Non-residents cannot purchase firearms in California)
  • For handgun purchases, obtaining a “Handgun Safety Certificate” – which will be issued after the purchaser has passed a written test administered by the California Department of Justice (CDOJ)
  • Submitting a thumb-print and completing a detailed application that is then processed by the CDOJ (There is a 10-day waiting period for all firearms purchases – and, once approved, a prospective buyer must complete the purchase within 30-days.)

California also enforces strict assault weapons regulations. The sale of assault weapons is completely banned, as are detachable magazines over ten rounds, and all assault weapons must be registered with the state.

What are the Potential Charges & Penalties for Gun Offenses in Dublin?

Once someone has legally obtained a firearm in California, there are a variety of statutes and regulations that control how, when and where they can carry and use the weapon. Some of the most common weapons violations include carrying a concealed weapon, carrying a loaded weapon, threatening someone with a weapon, improperly transporting a gun in a car, discharging a weapon within a building that is occupied by others, carrying a gun into an area or building that bans all weapons, illegally selling firearms, and possessing an illegal weapon (e.g., a cane gun, a wallet gun, a zip gun, an unregistered assault rifle, etc.).

Minor weapons violations are classified as misdemeanors and are punishable by up to 1-year in jail and a fine of up to $1,000. More serious weapon violations, on the other hand, may be classified as felonies and are punishable by one to 20 years in prison.

Being found guilty of a gun violation in California can have both immediate and long-term consequences. In addition to whatever court-ordered penalties might be involved, a weapons conviction could make it difficult to secure a job or a place to live, obtain a loan, or own a weapon in another state.

Possible Defenses

Depending on the specific facts and circumstances regarding a particular case, an individual charged with a weapons violation, or their attorney, may be able to raise a variety of defenses. These include, but are not limited to, the following:

  • The weapon in question was illegally found and seized by police
  • The firing of the weapon was unintentional
  • The weapon was used in self-defense
  • The weapon is owned by someone else

How A Dublin Gun Attorney Can Help You

If you have been charged with any type of weapons violation, it is vitally important that you contact a Dublin gun lawyer who is thoroughly familiar with the nuances of California’s gun laws. Consulting with an experienced criminal defense attorney could help to ensure that all your legal rights are fully protected and that you are able to raise any available defenses.

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.

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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.

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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.

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