Oakland

Gun Laws

The charge for a violation of any gun law may result in severe penalties. As a result, anyone who owns, or is looking to own, a firearm in California should be aware of the state-specific rules and regulations before they proceed.

If you are a prospective firearm owner, consider reaching out to a lawyer to discuss Oakland gun laws. A knowledgeable and seasoned attorney could help to explain these laws as they relate to your circumstances so that you can try to avoid any unintentional infractions and safely own your weapon.

Oakland Firearm Laws and Violations

California has some of the strictest gun laws in the entire nation, with over 100 firearm-related rules within the state. As a result, there are numerous elements of firearm law a person in Oakland should be aware of before purchasing or carrying their firearm, such as how seriously the District Attorney’s Office and law enforcement consider firearm law violations.

Often, a charge for a firearm-related offense will not be decreased from its standard punishment, as prosecutors often make a point to enforce their cases regarding anything from simple possession to an armed robbery. Some of these stand-alone offenses include:

• Possession of a firearm
• Carrying an illegal firearm
• Unlawful possession of ammunition
• Carrying a loaded firearm in a vehicle.

However, these violations may also be included as an enhancement on a separate charge. For instance, if a person committed an armed robbery, this would be an enhancement on a standard robbery charge due to the presence of a firearm and, as a result, harsher penalties may ensue.

Age of Gun Ownership

In 2018, California passed a law that raised the minimum age for purchasing a long gun from 18 to 21. Furthermore, there were recent law changes which place lifetime bans on gun ownership for particular categories of individuals.

For example, AB1968 created a lifetime ban on firearm ownership for individuals who have been deemed a danger to themselves or others, as well as those who have been involuntarily committed to a mental health facility more than once within a one-year timeframe. Additionally, AB 3129 has changed the 10-year gun prohibition for misdemeanor domestic violence crimes to a lifetime ban for any convicted after January 1, 2019 of misdemeanor domestic violence crimes.

Out-Of-State Gun Owners in Oakland

Anyone with a firearm registration in another state who wishes to bring it with them into Oakland must first be on file within the State of California. Afterward, California will treat them as a personal firearm importer and allow the import of that weapon into the state—so long as they are reported to the California Department of Justice within 60 days through a New Resident Firearm Ownership Report.

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For concealed carry permits, however, the law is different. For the city of Oakland throughout California, there is no reciprocity with other states regarding their carry permits. Therefore, anyone looking to carry a concealed firearm in Oakland from another state must first obtain the necessary permit within California.

Call an Attorney to Learn More About Oakland Gun Laws

Any prospective gun owners—or those who already own a firearm—could benefit from seeking out any Oakland gun laws that relate to their circumstances. They could do this by referring to the State Penal Code or the State Legislation, where every gun law, as well as its possible penalties for a violation, are laid out. Furthermore, The Bureau of Firearms housed within the Department of Justice’s website also contains useful information about the proper transportation of a firearm across state lines, as well as how to legally get a firearm back if it is taken.

Beyond these measures, if you are looking to own a firearm or simply to understand more about your firearm rights in California, consider reaching out to a seasoned attorney to understand your rights. Furthermore, if you have already been accused of an infraction, a legal professional could help to assess your circumstances and guide you through the ensuing legal process.