Oakland Transporting Firearms Lawyer
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.
How Can a Person Legally Transport a Firearm?
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.
Defining Unlawful Transportation of a Gun
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:
- If the firearm is unregistered
- If it is loaded
- If it is being concealed upon a person
- If it is being carried for self-defense purposes
- If it is not being transported for a legitimate purpose—such as for hunting
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 Penalties for Unlawful Transportation in Oakland
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.
Retain an Oakland Transporting Firearms Lawyer for Help
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.