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Carrying a Concealed Weapon Defense
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Oakland Carrying a Concealed Weapon Attorney

Concealed Weapon Charge in California

Do you need an experienced Oakland concealed carry lawyer? Try answering this question: Can you lawfully carry a fully disassembled firearm within your vehicle?

Carrying a Concealed Weapon Within a Vehicle

California law has specific rules governing concealed weapons and their transport inside of a vehicle. A person is guilty of carrying a concealed firearm in a vehicle when the weapon being contained within the vehicle can be hidden on the body of the person operating the vehicle. A firearm must be transported in a locked container.

Carrying a concealed weapon within a vehicle can be charged as either a felony or a misdemeanor. Mandatory minimum jail time requirements are often sought by district attorneys.

When charged with carrying a concealed weapon within a vehicle, an experienced Oakland criminal defense lawyer will dissect the prosecutor’s case and expose flaws in the charges you’re facing. For example, when charged with carrying a concealed weapon within a vehicle, an experienced Oakland concealed carry lawyer can provide the jury with reasonable doubt as to crucial elements of the prosecution’s case.

These elements include:

  • You had the weapon in the vehicle in the first place
  • You knew the firearm was in the vehicle
  • The firearm was substantially concealed within the vehicle
  • The vehicle was under your control or direction
  • The weapon was not properly placed in a locking container

Defenses for Carrying a Concealed Weapon in California

Many police agencies and district attorney’s offices will ignore the fact that you have a constitutional right to bear arms when deciding whether to make an arrest or file criminal charges. For example, you would not be guilty of carrying a concealed weapon within a vehicle if the firearm was in a locked case. Our law firm has successfully applied its experience to defend innocent individuals who were properly transporting their firearms inside of a locked container.

***Answer to title question: Yes.

People v. Hayden, (1973) 30 Cal. App. 3d 446, 452. Although inoperability of a firearm is not a legal defense to carrying a concealed firearm within a vehicle, the firearm must still appear capable of shooting.

We have over 10 years of experience that prove we are a law firm that provides real results for those who need them most. We proudly help clients in Oakland, Berkeley, Richmond, Concord and the surrounding areas.

Contact the Oakland concealed carry attorneys at the Law Office of Nabiel C. Ahmed today at (510) 907-6600 for a free consultation.



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