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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





Possession of a Firearm by a Felon in Oakland

A person who has been convicted of any felony crime is prohibited from possessing a firearm in Oakland. Convicted felons lose their right to possess a firearm for life. If you have already been convicted of a felony and are subsequently caught with a gun, you may need to reach out to an experienced firearm possession attorney for legal aid. Possession of a firearm by a felon in Oakland carries severe penalties, which is why you should reach out to a legal professional right away.

Factors Impacting Gun Possession Rights

All felony convictions will lead to the convicted person’s inability to bear arms for the remainder of their life legally. Also, certain misdemeanor offenses may prohibit firearm possession for ten years, such as a battery conviction or possession of a firearm in a vehicle. Usually, misdemeanor crimes involving violence also result in a ten-year restriction on owning or possessing a firearm. Moreover, misdemeanor domestic violence convictions under Penal Code section 273.5 result in a lifetime ban on firearm ownership and possession.

Mental health history also has a bearing on whether someone may legally possess a firearm. If someone has been subjected to an involuntary hold under Welfare and Institutions Code 5150, they can lose their right to possess a firearm. There is an appeals process for mental health restrictions, but unless it is appealed, the firearms ban exists for five years.

Respondents in California restraining order proceedings are also required to relinquish their firearms to a licensed gun dealer or law enforcement agency upon the issuance of a temporary restraining order and submit proof that the firearms have been turned in to the court. If a restraining order is granted, the respondent is prohibited from possessing a firearm for the duration of the restraining order, typically three to five years.

Unlawful Transportation of a Firearm

Just as it is illegal to possess a firearm as a convicted felon, it is also a crime for an individual with a felony conviction to transport a firearm. Unlawful transportation of a firearm is punishable by up to three years in county jail, a $10,000 fine, and forfeiture of the weapon. Illegal transportation of firearms is often charged following a traffic stop during which law enforcement searches the vehicle and finds a weapon.

Is There an Opportunity for Reinstatement?

There is no opportunity for a convicted felon to reclaim their right to own a firearm in Oakland. With a felony conviction comes an automatic, lifetime restriction on firearm possession. The only avenue for a person convicted of a felony to possess a gun in the future would be for the felony charge to be dismissed or dropped to a misdemeanor charge. For more information about charges related to the possession of a firearm by a felon in Oakland, reach out to an accomplished defense lawyer.

Call Today About the Possession of a Firearm by a Felon in Oakland

Anyone convicted of a felony should take careful steps to avoid being left in possession of a gun or another weapon, whether on their person, in their home, or their vehicle. The possession of a firearm by a felon in Oakland, or the possession of firearm ammunition, is illegal and could lead to reincarceration and other steep penalties.

If you have been convicted of a felony and are now facing charges for unlawful possession of a firearm, reach out to an experienced criminal defense attorney for legal representation.

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