Firearms Offenses

Immigrant Legal Resource Center, www.ilrc.org §N.12 Firearms January 2013 § N.12 Firearms Offenses (For more information, see Defending Immigrants in the Ninth Circuit, §§ 6.1, 9.18, www.ilrc.org/crimes) Table of Contents I. Immigration Consequences of Firearms Convictions A. Deportable (Including Aggravated Felonies) B. Inadmissible or Barred from Relief (Including Aggravated Felonies) C. Burden of Proof: Vague Record and Young v Holder II. Pleas That Avoid All Immigration Consequences III. Pleas That Avoid Some But Not All Immigration Consequences IV. Pleas that At Least Avoid an Aggravated Felony, when charged with Felon in Possession, Possession of a Sawed-Off Shotgun, or Trafficking in Firearms V. Consequences of Key Pre-2012 Firearms Offenses App. I – Legal Summaries to Give to Defendant App II – Annotated Chart of Immigration Consequences of Firearms Overview: Almost any conviction relating to a firearm will cause a permanent resident to be deportable. In addition, certain offenses that relate to firearms or ammunition are aggravated felonies. However, in many cases counsel still can bargain for an immigration-neutral plea, or at least avoid an aggravated felony. Please read this Note carefully, as it reflects extensive changes to California weapons statutes effective January 1, 2012. Be sure to look at Appendix II, which presents a lot of the material presented here in a Chart format. I. Immigration Consequences of Firearms Convictions See § N.1 Overview for a further discussion of deportability, inadmissibility, and defense priorities depending upon the defendant’s immigration status. A. Deportable (Including Aggravated Felonies) A lawful permanent resident, refugee, or someone with a student, employment or other visa can be put in removal proceedings if he or she is deportable. There ICE (immigration prosecution) has the burden to prove that a conviction really is a deportable offense, based only upon the statutory elements of the crime and official documents from the person’s record of conviction. See §N.3 Record of Conviction. A firearms conviction might cause deportability as follows: 248

Firearms Offenses

Documents

criminal offenses

crime

firearms offenses

migrant

immigration

immigrants

illegal immigrants

immigration offenses