Former PC 12021 (a) Repealed 1/1/12 See also current PC 29800, 30305

Offense

Drug addict, misdemeanant, or felon who possesses or owns firearm, ammunition

Aggravated Felony (AF)

Possession by felon or addict is not an AF due to the antique firearms rule.¹Conviction under § 12021 does not come within the firearms deportation ground because the statute reaches and has been used to prosecute antique firearms. U.S. v. Aguilera-Rios, supra. See further discussion at PC 29800.

Crime Involving Moral Turpitude (CIMT)

Arguably not CIMT because simply owning a weapon (even up to a sawed-off shotgun) is not a CIMT.

Other Removal Grounds

Not deportable under the firearms ground due to antique firearms rule; see discussion at PC 12020, 29800.

Advice and Comments

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