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Because the penalties for any firearm-related charge could be severe, anyone looking to legally own and carry a weapon in Oakland should be aware of the state-specific laws in order to avoid an infraction. However, whether you are looking to simply understand your rights or have already been accused of violating a law relating to carrying a weapon, an Oakland firearm possession lawyer may be able to help.

Because California has numerous and complex statutes regarding firearms, a person may even violate a gun law without meaning to. A seasoned and knowledgeable attorney could assess your circumstances, explain the law as it relates to your case, and guide you through each step of the legal process toward safely carrying a firearm or protecting your legal rights through a defense against charges.

The Steps to Lawfully Own a Firearm in Oakland

Because Califonia gun laws are some of the strictest in the United States, becoming a legal gun owner consists of multiple steps and parts. Essentially, to legally possess a gun in Oakland, a person must:

  • Determine Eligibility—Individuals who want to possess a gun in Oakland must have a valid driver’s license, must be a resident of the state, must be over the age of 21, and must pass a background check. Therefore, convicted felons, people deemed incompetent, sex offenders with mental health disorders, and other classes of individuals are considered ineligible
  • Go to a Licensed Gun Dealer that has a Certificate of Eligibility to purchase a firearm
  • Get a Firearm Safety Certificate—by paying a fee for the test and getting a passing score
  • Complete a Dealer Record of Sale and then wait 10 days to receive the firearm while the background check is processed
  • Perform a safe handling demo with the gun
  • After 10 days, the firearm will be released to the buyer—so long as they can show that they have a safety device like a lock box or a gun safe for the new gun

Because of the various stages required before a person may carry a gun safely, many people are discouraged to go through this process legally. However, an experienced Oakland attorney could help to explain each step of legal firearm possession to help expedite the process.

When Can a Person Legally Carry a Registered Firearm?

Once a person has a legally-purchased and registered firearm, there are additional steps needed in order to safely and legally carry it. While this is often done for protection in Oakland, there are measures in place to try to ensure that a person will reasonably and cautiously handle their firearm in public.

The California Penal Code states that a sheriff of a county—or the chief of a police department of any city—may issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon a person to individuals who are of good moral character, who have completed training course, and who can show that good cause exists for issuance of a license.

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However, before this could happen, the licensing authority may require either a 16-hour course on firearms safety and the law regarding the permissible use of a firearm, or a 24-hour community college class certified by the Commission on Peace Officer Standards and Training. In addition to these licensing requirements, jurisdictions may also require psychological testing during the initial application. Once all these steps have been completed and a person may legally possess and carry a firearm, they should also keep their concealed carry permit on them.

Things to Avoid When Carrying a Gun

While there is any number of misuses for a legally-carried firearm, anyone with a permit should avoid brandishing the firearm in public—as this is considered a crime. This is because a concealed carry permit only allows a person to keep a gun out of sight unless there is a specific circumstance where showing it is acceptable.

How an Oakland Firearm Possession Attorney Might Help

The laws in California for legal possession, transportation, and concealed carry of a firearm are often quite complex, even for an individual familiar with gun regulations and restrictions. As a result, anyone looking to legally own and carry a gun may benefit from the counsel of an Oakland firearm possession lawyer.

If you are in the process of purchasing a firearm—or have already purchased one and are currently trying to obtain a concealed carry permit—a skilled attorney could work to ensure you are not violating any statutes unintentionally. Furthermore, if you were accused of a gun-related infraction, consider reaching out to a legal professional to discuss your legal options and how to best proceed.

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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.

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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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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