Oakland Weapon Charges Lawyer
Gun Charges in the Bay Area
California has one of the most restrictive gun control and weapon laws in the nation. While it is legal for certain individuals to carry specific firearms, there are numerous restrictions. Assault-style weapons and high-capacity magazine firearms are prohibited, and an individual must undergo strict background checks when applying for a license.
Weapons charges in California include:
- Possession of an unregistered assault weapon
- Self-defense use of a firearm
- Firearm use in a restricted area (school, airport, etc.)
- Possession of grenade and grenade launchers
- False statements made to purchase firearm
- Possession of prohibited weapons (switchblade knives, brass knuckles, etc.)
- Possession of a firearm without a permit
- Felon with a firearm
Request a free initial consultation with one of our Oakland weapons crimes attorneys online or by calling (510) 953-5551.
Who Is Prohibited from Possessing a Firearm in CA?
In California, individuals that are prohibited from possessing legal firearms include:
- Convicted felons
- Individuals with certain misdemeanors
- Subjects of restraining orders
- Individuals who are deemed mentally incompetent by a court
Is Possessing an Unregistered Gun Illegal in California?
No. In California, simply possessing an unregistered gun is not illegal. However, if you bring that weapon into a public space and it is loaded, you can be charged with a felony weapons charge.
Carrying a loaded weapon that is not registered into a public space can result in up to one year of jail time and a fine up to $1000. In addition, if you've concealed the weapon without a concealed carry license, the penalties can be even worse. If you or someone you know has been arrested for a weapons charge, it is important to seek the counsel of an experienced weapons crimes attorney as soon as possible.
Prohibited Weapons in California
According to California Penal Code 16590, there are various weapons that are generally prohibited in California that include but are not limited to:
- Air gauge knives
- Ballistic knives
- Belt buckle knives
- Cane guns
- Cane swords
- Concealed daggers
- Any firearm that is not immediately recognizable as a firearm
- Large-capacity magazines
- Lipstick case knives
- Metal knuckles
- A multi-burst trigger activator
- A nunchaku
- A shobi-zue
- Short-barreled rifles or short-barreled shotguns
- A shuriken
- Wallet guns
- Writing pen knife
- Zip guns
Are Brass Knuckles Legal in California?
Brass knuckles, also known as metal knuckles, are not legal in California. It is also illegal to make, import, sell, give, or possess brass knuckles anywhere in the state. That means that even if you purchase them out of state, if you bring them into California, you are can be charged with a crime.
How the Law Offices of Torres & Caraves Can Help
Former Prosecutor on Your Side
If you are being charged with a crime involving guns, firearms, or another type of weapon, our Oakland criminal defense lawyer at the Law Offices of Torres & Caraves can help you better understand your rights and a likely outcome of your charges.
We have more than 20 years of combined criminal defense experience and have an in-depth understanding of gun laws and how to effectively resolve your charges. Our team includes a former prosecutor with an insider's understanding of the criminal court system and how they handle such cases.
Schedule a Free Consultation: (510) 953-5551
Law enforcement in Oakland, San Francisco, Richmond, and surrounding Bay Area cities are extremely harsh on gun charges in an effort to combat gun violence.
Whether you've been accused of committing a crime with a weapon, unlawful possession of a firearm, or another weapon-related offense, tell us more about what happened. Our criminal defense lawyers can review the details of your case and explain how we can help you fight your charges.
Want to learn more about your options? Schedule your free initial consultation with a Bay Area weapons charge lawyer by contacting us at (510) 953-5551.