Every California citizen should be aware of the state-specific firearm laws that govern everything from ownership, carrying, and transportation of a gun, especially if they are looking to legally possess a weapon. This is because an infraction of any of these statutes may result in severe punishments, as well as potentially dangerous situations.
If you are curious about your firearm rights—or if you were charged with violating a statute—an Oakland transporting firearms lawyer might be able to help. By explaining your rights and options, a skilled gun attorney could work to guide you through each step.
There are numerous steps needed in order to legally and safely transport a firearm. First of all, the gun should be legally registered. Furthermore, it should be unloaded during transportation—this means that there should not be a live round in the chamber or any in the magazine. While a magazine is okay to have in the car, it should not, of course, be inserted into the firearm.
If, for example, the weapon is being transported within a vehicle, it should be in a locked container—something with a key code or a fingerprint lock. It should not, however, simply be placed within the glove compartment or the center console. Additionally, while a person may legally transport a firearm from California to another state, each state has its own rules for bringing a firearm into that state.
A person may unlawfully transport a firearm in any number of ways. For example, the transportation of a firearm is considered unlawful if it is not being properly stored within a vehicle or within a properly locked container. Additional examples of unlaw transportation include:
Furthermore, there are certain people who are never allowed to transport a firearm within Oakland. Namely, these are convicted felons. This is because, when somebody has been convicted of a felony—regardless of whether or not it is a gun crime—they lose their right to possess a firearm for life, unless their gun rights are restored at a later time through a specific conviction process.
Similarly, individuals convicted of certain enumerated misdemeanors—specifically those that constitute crimes of violence, such as domestic violence or gun crimes—would also their right to possess a firearm for ten years. For these offenses, there is no available avenue during this timeframe in which they may legally transport a weapon. Because of the nuances of these laws, anyone unsure of their right to transport a firearm within Oakland may benefit from the knowledge of a seasoned lawyer.
The specific penalties for unlawful transportation depend on multiple factors. For example, whether or not the person is a felon or if they have previously lost their right to possession would be considered during a penalty calculation.
If the charge is for the simple possession of a gun within a vehicle, this would be charged as a misdemeanor, which carries county jail time, the loss of the ability to have a firearm—or the imposition of a probation term wherein the individual may not own, use, or possess any weapon of any sort.
If it is a more serious offense, however, such as somebody who had previously lost their rights to possess a gun, that person will most likely receive prison time. This is because, as mentioned above, the possession for a firearm as a convicted felon is a strict liability crime. An experienced transporting firearms lawyer could help to explain what charges a person might face.
Understand California’s specific laws regarding the ownership and transportation of a firearm is important, especially when the potential charges for an infraction could be severe. If you are looking to move a legally registered firearm and want to further understand your rights, an Oakland transporting firearms lawyer could help to explain how to best proceed.
However, if you were charged with unlawfully transporting a weapon, a proactive and well-versed attorney could work tirelessly to guide you through each step of the ensuing process. No matter the circumstances, consider reaching out to a legal professional today to discuss your legal rights.
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.
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