Oakland

Firearm Possession Penalties

If you were charged with illegally possessing a firearm, it is important to understand Oakland firearm possession penalties and how to best proceed under the circumstances. However, after being charged, you may be overwhelmed and feel pressured to act quickly.

Instead of navigating the legal process alone, consider reaching out to a skilled lawyer for help. By enlisting a dedicated attorney, you could better understand your legal rights and have guidance through each step.

When an Individual Might be Found Guilty of Illegally Possessing a Weapon

While each case is unique and depends largely on the circumstances, there are common factors that might result in an individual being found guilty of unlawful possession of a firearm. These situations might include, but are not limited to a person:

• Found to be ineligible to possess firearms
• Caught selling or transferring firearms illegally
• Improperly transporting weapons
• Carrying a concealed gun without a license
• Having a loaded gun in public
• Carrying an unregistered firearm that is not on file with the Department of Justice’s Automated Firearms System

The Possible Punishments for Unlawful Possession

Similar to whether or not a charge is brought, penalties for unlawful possession of a firearm vary depending on the specific circumstances surrounding the crime. Essentially, a gun crime can range from a misdemeanor to felony, with the potential for an elevation. For example, a charge—and the subsequent penalties—might become more severe if the person charged was ineligible to have a firearm due to previous convictions.

On the other hand, if a person had no prior convictions, they might only be charged with a misdemeanor for illegal possession. For a misdemeanor charge, a person may be penalized with county jail time, as well as fines, required supervision, and the loss of the right to have firearms in the future. Furthermore, any of these penalties might also be included in a felony charge—and most likely elevated—although state prison is usually chosen for felons over county jail time.

How an Attorney Might Help Fight Oakland Firearm Possession Penalties

If you are considering buying a gun but are unsure of the state-specific firearm laws, it might be prudent to meet with a well-versed attorney to discuss the unique laws surrounding the ownership, possession, transportation, and carry of a firearm. If not, a mistake might lead to an infraction and subsequent penalties.

For example, some people have been charged with crimes simply because they forgot that their gun was on their possession. Because of the potential severity of these charges, it is important to be vigilant about the responsibilities that come with owning a firearm. To learn more about your legal rights and options, consider reaching out to a lawyer today.