San Leandro Firearm Possession Lawyer
Anyone looking to legally obtain a firearm in San Leandro should first be aware of the specific laws that govern the possession and carry of a gun. If someone does not follow these rules, they run the risk of an infraction and possible arrest.
If you are looking to understand your legal rights to carry a weapon, call a San Leandro firearm possession lawyer to discuss how to best proceed. Furthermore, if you have been charged with violating a state-specific firearm statute, a knowledgeable lawyer could help to explain your options and guide you through the ensuing legal process.
What is the Process to Legally Possess a Firearm in San Leandro?
In order to possess a firearm legally in San Leandro, a person must go through a series of steps. Initially, there is an application and a background check that is required, as well as a requirement to show why a person believes they need a firearm.
If accepted, a person would then need to obtain a concealed weapons permit in order to legally carry the firearm on their person. The person should then carry this permit with them at all times when also carrying their firearm.
However, in San Leandro, the only people who are usually allowed to obtain a concealed carry permit are law enforcement officers or people who have jobs in which their lives might be threatened. Otherwise, the concealed carry of a gun is prohibited. A practiced firearm possession lawyer could help to explain these state-specific statutes to a potential gun owner.
The Reasons for Concealed Carry in San Leandro
Generally, people want to carry a concealed weapon for protection. This is why the City of San Leandro, and the whole State of California, places so many restrictions on how someone can obtain a permit.
Furthermore, the State wants to make sure that the people who are able to legally carry firearms are going to be responsible and cautious. Because of how quickly a situation could escalate, it is important that each individual legally carrying a firearm is properly trained on how to use it—and when it is appropriate to do so.
What Should Someone Avoid When Publicly Carrying a Gun?
If a person legally possesses a firearm, they should avoid brandishing it publicly. Because a concealed carry permit only allows for the gun to be hidden away—except in dangerous circumstances—brandishing a weapon is considered a crime. Additional tips could be recommended to any San Leandro gun owner by an experienced firearm possession attorney.
Carrying a Concealed Weapon in a Vehicle
Individuals who do not have a concealed carry permit should understand the laws surrounding carrying a weapon in a vehicle. More specifically, they need to understand what constitutes carrying a concealed weapon in a vehicle and the elements of the crime of carrying a concealed firearm in a vehicle. Every crime has a certain amount of elements, and every element of every crime has to be proven beyond a reasonable doubt at trial. For example, the four elements of carrying a concealed firearm in a vehicle are:
- The defendant carried within a vehicle a firearm capable of being concealed on a person
- The defendant knew the firearm was in the vehicle
- The firearm was substantially concealed within the vehicle
- The vehicle was under the defendants control or direction
Unlawful Possession in San Leandro
If someone is found to be unlawfully possessing a firearm, the punishment will depend on the specific circumstances. For example, if the person is a felon, they would be charged with another felony—because they are not allowed to have a firearm and will, therefore, face harsher consequences for simple possession. If, however, a person has not previously been convicted of a crime—especially not a felony—and has not lost their gun rights prior to this instance, they will most likely be charged with a misdemeanor for illegal possession.
These charges generally happen when a person is caught with an unregistered firearm, or when a firearm is not registered in their name. Usually, unlawful possession of a firearm is sentenced with a year to 16 months in jail, as well as the potential for court fines and fees.
Call a San Leandro Firearm Possession Attorney for Help
Understanding your legal rights to lawfully possess a firearm in California is essential to avoiding an infraction. However, if you were charged with unlawful or illegal possession, a San Leandro firearm possession lawyer might be able to help.
Navigating the ensuing legal process alone is often complex, especially if you are overwhelmed and unsure of how to proceed. By working with a well-versed attorney, you could understand your legal options and decide how to best proceed. Call a legal professional today to learn more.