Oakland Unlawful Gun Possession Lawyer
Unlawful gun possession penalties range depending on many factors. The facts of your case are crucial, and it takes a skilled unlawful gun possession lawyer to create reasonable doubt in your case.
Attorney Seth Morris is here to stand in your corner and fight to help you get your life back. Schedule your initial consultation today when you contact our Oakland criminal attorneys through our quick contact form or at 510-225-9955.
Morris Law Helps Reduce or Dismiss Your Penalties
You might face multiple charges for unlawful gun possession. One of the most common types of unlawful gun possession is California Penal Code § 25400, which makes it a crime for people to carry a concealed weapon without a concealed carry permit.
This offense is a misdemeanor punishable by up to one year in county jail and fines as high as $1,000. It can sometimes be charged a felony. A felony conviction could result in up to three years in state prison and fines as high as $10,000.
The aggravating factors that could enhance your sentence include:
- Having a prior felony conviction on your record
- Having a prior conviction for a California firearm offense
- Being involved in a criminal street gang
- Knowing that the firearm was stolen
- Being prohibited from possessing a firearm under California Penal Code § 29800
There are also collateral consequences you may experience in addition to your loss of gun rights, including:
- Child custody issues
- Damage to your personal and professional reputations
- Loss of federal student aid eligibility
- Immigration or citizenship issues
- Trouble finding gainful employment
- Difficulty finding safe housing
- Random drug or alcohol testing
- Court-ordered anger management courses
- Court-ordered mental health counseling
- Probation or parole requirements
- Suspension or revocation of your driver’s license
- Suspension or revocation of your professional licenses
California Gun Laws
California has some of the strictest gun laws in place. Under these laws, most adults who are 21+ years old have the right to own, buy, and possess firearms. However, several laws in place prohibit individuals from these rights.
Transportation and Storage of Firearms
There are multiple California gun laws regarding the transportation and storage of firearms. Under California Penal Code § 25400, it is illegal for people to carry concealed firearms or weapons unless they have a lawful concealed carry permit. It is also against California law to openly carry a firearm. This applies to:
- Loaded weapons under California Penal Code § 25850
- Unloaded weapons under California Penal Code § 26350
Under California Penal Code § 25100, gun owners can face criminal charges for failing to take steps to prevent children from accessing a stored gun without a parent’s permission.
California law prohibits people from bringing firearms and other weapons into specific locations, including:
- Government buildings under California Penal Code § 171c
- Airports and passenger vessel terminals under California Penal Code § 171.5
- Schools under California Penal Code § 626.9
- The governor’s mansion under California Penal Code § 171d
- Public transit facilities under a California Penal Code § 171.7
- Public buildings under California Penal Code § 171b
Types of Firearms
California Penal Code § 16590 prohibits people from making, possessing, or selling certain types of firearms. These include:
- Zip guns under California Penal Code § 33600
- Short-barreled rifles or shotguns under California Penal Code § 33215
- Assault weapons under California Penal Code § 30600 (at the state level)
- Undetectable firearms under California Penal Code § 24610
California’s firearm laws also apply to certain types of dangerous weapons, including:
- Stun guns under California Penal Code § 22610
- Armor-piercing bullets under California Penal Code § 30315
- Silencers under California Penal Code § 33410
- Laser pointers and scopes under California Penal Code § 417.25
Who Has the Right to Own a Gun in Oakland, CA
Under the United States Constitution’s Second Amendment, you have the right to bear arms. If you want to exercise your right to own, buy, or possess a gun, you are required under California law to obtain a Firearm Safety Certificate (FSC) first.
Who is Prohibited from Possessing Firearms?
California law prohibits the following individuals from possessing firearms:
- Convicted felons
- Those addicted to narcotics
- Those previously convicted of two or more specific misdemeanors
- Those who have outstanding warrants
When Can You Face Federal Unlawful Gun Possession Charges?
There are multiple federal firearm statutes, including 18 U.S.C. § 922 and 18 U.S.C. § 924, that govern the possession, buying, and selling of firearms. Federal gun charges are often brought forward when people are accused of illegally selling or transporting firearms across state lines.
Who is Prohibited from Possessing Firearms Under Federal Law?
Federal statute 18 U.S.C. § 922(g) prohibits specific categories of people from owning firearms, including:
- Individuals who have been convicted of misdemeanor domestic violence
- Undocumented immigrants
- Drug addicts under the federal Controlled Substances Act
- Dishonorably discharged veterans
Penalties for a Federal Felon in Possession of a Firearm Conviction
Federal felon in possession of a firearm charges are punishable by up to ten years in federal prison, plus any additional sentencing enhancements.
Unlawful Gun Possession Defenses in Oakland, CA
Formulating a well-crafted criminal defense strategy for unlawful gun possession in Oakland, CA can be complex. Every person’s case is different, and each defense strategy will need to be tailored to meet your specific needs.
Here are some defenses that may apply to your case:
Illegal Search & Seizure
For evidence to be legally obtained and used in a court of law, law enforcement must have a warrant or probable cause to search your property. If your Oakland, CA unlawful possession lawyer can prove that your rights were violated, all obtained evidence should be dismissed.
The Gun Is Not Yours
This may sound like an unlikely defense; however, there may be justifiable reasons why the gun is in your possession. Your attorney can review the facts of your case and fight to prove that the gun is not yours.
You Were Legally Permitted to Carry the Firearm
Your unlawful gun possession attorney can also present facts that prove that you were permitted to carry the firearm. If the court finds that you were well within your right to possess a gun, your case could be dismissed.
The Firearm Was Not in Your Possession
Actual possession refers to the physical possession of an item on a person. If you had a firearm in your backpack, this would be considered actual possession.
However, if a firearm was in an area where multiple people had access to it, this is called constructive possession. Your attorney might call into question whether you were in actual possession of the firearm. If you weren’t, you should not be found guilty of unlawful gun possession.
Contact an Oakland, CA Unlawful Gun Possession Lawyer
The consequences of a criminal conviction could haunt you for the rest of your life. If you have been charged with unlawful gun possession, you must present the most vigorous defense possible to avoid a conviction.
Start working on your strategy today when you meet with a respected gun charge lawyer in Oakland, CA. Contact attorney Seth Morris at Morris Law to schedule your confidential consultation through our secured contact form or by phone at 510-225-9955.