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When owning a firearm in Oakland, it is important to understand when and how a weapon may be possessed and transported. Furthermore, every person with a legally-registered gun should also be aware of the state-specific laws concerning ammunition and firearms to try to avoid an infraction and subsequent penalties.

If you were charged with violating an ammunition law—or if you are simply looking to understand your rights—you might benefit from reaching out to an Oakland traveling with ammunition lawyer to discuss your legal rights and options. By having a skilled attorney on your side, you could have help considering your circumstances and deciding how to proceed.

Ammunition Laws in Oakland

Essentially, there are three primary laws that often apply during ammunition cases: the Oakland Municipal Code, California laws, and Federal laws. In Oakland, ammunition is considered to be any bullets, cartridges, magazines, clips, speed-loaders, auto-loaders, or projectiles capable of being discharged from a firearm. Therefore, blanks are not included in this terminology.

During these cases, the issues with ammunition are not solely with the ammunition itself. Instead, they are often in relation to a firearm. For example, an individual is not allowed to openly carry a loaded or unloaded handgun—however, the question becomes whether a situation might include ammunition that is easily accessible to them. Furthermore, a person can be guilty of carrying a loaded firearm if it is on their person, in their vehicle, in any public place, or on a public street in an incorporated city, such as Oakland.

Of course, is ammunition is actually in a gun that someone is carrying, this might result in a serious legal problem. The ensuing legal repercussions could be heightened if the person has a criminal record—especially for a prior weapons-related offense. Because of these and other nuances to Oakland’s laws, a traveling with ammunition attorney could help to explain them to anyone facing charges or looking to better understand their rights.

What to Know About Carrying Ammo

Simply put, an individual should know that they are not allowed to have a gun or ammunition—this is a misdemeanor offense. However, there are a few exceptions to this law, although the burden of proving an exception falls on the accused individual. For example, someone may have been found with ammunition while they were trying to take it to a police station to be properly disposed of.

Furthermore, it is illegal to go onto school grounds with ammunition. However, exceptions exist in specific circumstances, such as if a person is carrying secured ammunition in a motor vehicle within a locked trunk. Despite this, it is advisable for an individual to never carry ammunition onto school property.

The Severity of Charges for Illegally Traveling With Ammunition

Depending on the circumstances—such as a person’s prior violations, as well as the nature of a new violation—an ammunition charge might be a misdemeanor or a felony. Based upon this, penalties might include jail time, significant and hefty fines, and the possible impact on a person’s ability to lawfully possess a handgun in the future.

For example, the charges for illegal possession of ammunition depend on the individual’s prior record, as well as other circumstantial information. To determine the exact charge, authorities identify which specific violation the person committed by transporting ammunition, as well as the kind of ammunition being transported.

When someone carries ammunition that is designed to penetrate metal or armor, for example, they are guilty of a felony—this could result in state prison time and a $5,000 fine. The charge may be less serious, however, if someone has more traditional ammunition and are simply not carrying it appropriately in their car—or they were not allowed to have it. This circumstance might lead to a misdemeanor charge, with less prison time and a lower fine than a felony. No matter the circumstances, however, a seasoned Oakland lawyer could help to explain the traveling with ammunition laws and what charges a person might face for a violation.

How An Oakland Traveling with Ammunition Attorney Might Help

Facing criminal charges of any kind can be overwhelming, especially if there is the potential for a felony-level offense. Because the California and Oakland Codes are very complex—with many subsections that address numerous exceptions and circumstances for a crime—anyone accused of violating an ammunition law might benefit from consulting with an Oakland traveling with ammunition lawyer.

Navigating the legal system is often difficult and you may feel pressured to act quickly. However, there may be diversion programs, deferred entries of judgment, or other legal options that might be available to you, but that you are unaware of. By working with an experienced and proactive attorney, you could rest assured that a legal professional is working tirelessly to give you a vigorous defense. To discuss your options today, call a legal professional.

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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.

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