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California is well-known for having strict laws regarding the purchase, sale, possession, and use of firearms, some of which have spurred disputes in federal court about their constitutionality. Nevertheless, these laws remain on the books, and anyone charged with violating one of them could find themself facing substantial penalties if the case ends with a conviction.

Fortunately, help is available from a qualified Walnut Creek Firearms attorney who has helped numerous people like you through similar situations in the past. With a seasoned defense attorney’s assistance, you could have far better odds not only of effectively contesting the prosecution’s case against you, but also protecting your rights and future freedom.

Unlawful Possession of a Firearm in Walnut Creek

California as a whole takes a “may issue” approach to concealed carry permits.  Some cities and counties approve applications for anyone who meets the necessary criteria and some cities and counties do not issue concealed carry licenses to anyone at all. Furthermore, California does not recognize a concealed carry permit held by a person that was issued in another state. Individuals who are not residents of California cannot apply for or receive concealed carry permits.

According to CPC §25400, unlawful concealed carry of a firearm may be prosecuted as either a misdemeanor or a felony based on various contributing factors, such as the defendant’s previous criminal history. CPC §25850 establishes similar conditions and prohibitions for unlawfully carrying a loaded firearm in public. No matter what statute state prosecutors pursue a gun-related criminal charge under, a skilled Walnut Creek attorney could be a crucial ally.

How State Law Approaches Unlawful Uses of Firearms

Using or possessing a firearm while committing another criminal offense is almost always explicitly defined as an aggravating factor that allows for harsher sentencing upon conviction for the underlying crime. For example, under CPC §245, the use of a firearm while committing an act of assault may be punishable by two to four years of prison time as well as a maximum $10,000 fine, with even more severe penalties possible in cases involving assault with a semi-automatic firearm and the use of a firearm to assault a peace officer or firefighter.

Other common criminal charges in California involving unlawful firearm use include:

  • Intentionally discharging a firearm towards an occupied building, vehicle, or aircraft, under CPC §246
  • Intentionally discharging a firearm “in a grossly negligent manner,” under CPC §246.3
  • Intentionally discharging a firearm towards an unoccupied building, vehicle, or aircraft, under CPC §247
  • Brandishing a firearm in an aggressive or threatening manner, under CPC §417
  • Committing or participating in a “drive-by” shooting, under CPC §26100
  • CPC29800 prohibits anyone convicted of a felony or with an outstanding warrant from possessing, purchasing, or receiving a firearm.

A criminal defense attorney in Walnut Creek could help construct and effectively present a comprehensive defense against these and other firearms-related charges.

Speak with a Walnut Creek Firearm Crimes Lawyer Today

Although the Second Amendment still overrides any state-level attempts to universally prohibit gun ownership, there are still plenty of ways in which California can legally and constitutionally restrict the rights of residents to use and possess firearms. Running afoul of any of these regulations could have consequences stretching beyond jail time and fines, and could even lead to you losing the right to bear arms altogether.

Support from a knowledgeable Walnut Creek firearm crimes attorney could make a world of difference when it comes to enforcing your rights. Learn more by calling our office today.

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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.

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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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