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Second Amendment Rights Of Individuals In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-000298
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However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.
During the Constitutional Convention, the Framers understood the necessity of a citizen militia to resist a potentially oppressive military if constitutional order broke down. The Second Amendment codified the individual right to firearm possession to combat this fear.
Federal law outlaws the possession of firearms or ammunition by several categories of people, including: convicted felons. anyone who's been convicted of a misdemeanor for domestic violence or is under a domestic violence restraining order.
In the 2008 case District of Columbia v. Heller, the Supreme Court held that the "Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
On June 26, 2008, the Supreme Court affirmed that the Second Amendment guarantees the individual right to keep and bear arms for lawful uses.
Essentially, to legally possess a gun in Oakland, a person must: Determine Eligibility—Individuals who want to possess a gun in Oakland must have a valid driver's license, must be a resident of the state, must be over the age of 21, and must pass a background check.
Concealed carry is only legal with a California Concealed Carry Weapons License (CCW). The minimum age is 18 years old, although a licensing authority has the discretion to require applicants to be older than 18 years of age.
During the Constitutional Convention, the Framers understood the necessity of a citizen militia to resist a potentially oppressive military if constitutional order broke down. The Second Amendment codified the individual right to firearm possession to combat this fear.
Pardon from California Governor There is only one relatively certain way to restore your federal gun rights: obtain a pardon. Pardons can be obtained from either the Governor of California or the President of the United States.
Prop 47 Does Not Restore Firearm Rights A Prop 47 reduction from a felony to a misdemeanor will not restore your firearm rights. In order to restore your firearm rights, you will first need to reduce your felony to a misdemeanor for all purposes under Penal Code 17b, not Prop 47.