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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





What to Know About Travelling with Ammunition in Oakland

In Oakland, and throughout California, it is important for any individual owning—or looking to own—a firearm to understand their legal rights. This is especially true for carrying and traveling with ammunition because an infraction could result in serious penalties.

If you are looking to understand how to legally travel with ammo, a knowledgeable lawyer could help to explain your rights. On the other hand, if you were charged with violating an ammunition-related offense, a proactive attorney could help to assess your legal options and provide advice on how to best proceed under the circumstances.

Who Can Travel with Ammunition in Oakland?

Because of the nuances of California’s ammunition laws, people are only allowed to travel with ammunition under certain circumstances. This includes a person who:

  • Is lawfully in possession of the ammunition
  • Obtained the ammunition legally
  • Secured the ammunition—preferably in a gun safe locked in the trunk, without the keys nearby
  • Are legally allowed to be in possession of a firearm

The only circumstances where a person would not need a license to travel with ammunition is if they found the ammo. In this situation, they might transport it to the appropriate law enforcement authorities for proper disposal, but would not, of course, have the license they would otherwise need.

Bringing Ammunition From Out-of-State

The only way someone can bring ammunition into the State of California is when they have a license for ammunition vendors. For all private sales of ammunition—or if someone is trying to bring ammunition into the state—this would need to go through one of these licensed vendors.

Furthermore, California is trying to ensure that licensed vendors verify that all ammunition complies with the law and that the people purchasing it are legally allowed to own it. For example, no one is allowed to have handgun ammunition designed primarily to penetrate metal or armor—except for a few specific circumstances. If a person is found to be transporting such ammo, this would be a felony offense.

Properly Storing Bullets and Shells in Oakland

Directly related to the transportation of ammunition, no one is allowed to leave ammunition in an unattended vehicle within the City of Oakland, in a public right of way, or in a public place. There are certain exceptions to this, however.

For example, if someone needs to transport ammunition and must leave it in a locked car without anyone attending to it, the ammunition must be in a locked box. Furthermore, this box must be stored inside the locked trunk of the vehicle, with the keys to the box not accessible from within the car.

Penalties for Ammunition Violations

In Oakland, a person might face both criminal and civil penalties for violating an ammunition-related offense. The civil penalties include a fine from $1,000 to $5,000, which increases based on the number of violations a person has. The criminal penalties, on the other hand, might include a county jail sentence not exceeding six months, or a $5,000 fine—or both—according to the Oakland Municipal Code.

Furthermore, there might be additional penalties under state law, depending on the circumstances of a case. For example, Oakland has a total ban on large capacity magazines of more than 10 rounds. This means it is unlawful to possess this type of magazine, regardless of whether or not it is loaded or not.

For a violation of this specific rule, there might be additional penalties along with possible fines and jail time. For example, a person might have to pay additional money for their own prosecution or from civil penalties. Beyond this, a charge might negatively impact their licensing rights. The only exceptions to this rule are for law enforcement officers, licensed dealers, or movie props—however, specific criteria must first be met in order to do this, and a person must typically be licensed.

Call a Lawyer to Discuss What to Know About Travelling with Ammunition in Oakland

If you are looking to understand the law regarding carrying, transporting, or traveling with ammunition in Oakland, it may be beneficial to reach out to a well-versed lawyer for help. Essentially, the only way a person can ensure that they are legally able to travel with ammunition is if they also legally possess a firearm that was obtained through the appropriate channels, such as a licensed vendor.

However, understanding how to appropriately and safely navigate this process may be confusing. To learn more about your legal rights and options, call an experienced attorney today.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer