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.
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:
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.
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.
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.
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.
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.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!