Offense
Possession of weapon other than firearm; see Advice
Aggravated Felony (AF)
Not COV[mfn]United States v. Medina-Anicacio, 325 F.3d 638 (5th Cir. 2003).[/mfn] or AF. Can take more than 1 yr sentence.
See Advice
Crime Involving Moral Turpitude (CIMT)
Not CIMT[mfn]Even possessing a sawed-off shotgun is not a CIMT. Matter of Hernandez-Casillas, 20 I&N Dec. 262, 278 (BIA 1990). Possession of concealed non-firearms weapons offenses are general intent crimes. People v. Rubalcava, (2000) 23 Cal.4th 3221 (interpreting former Pen C § 12020, which encompassed a variety of weapons and now is renumbered into separate offense statutes; see Pen C § 16590 for list).[/mfn]
Other Removal Grounds
No other removal ground. (Stun gun does not meet definition of firearm)[mfn]A stun gun does not meet the definition of firearm, which must be explosive-powered. A stun gun is defined as a weapon with an electrical charge. Pen C § 17230.[/mfn]
Advice and Comments
Good alternate plea to avoid CIMT, firearm, or COV. Includes possession of blowgun, dirk, dagger, knuckles, blackjack, stun gun.