PC 20010, 21310, 22210, 21710, 22620(a) etc.

PC 20010, 21310, 22210, 21710, 22620(a) etc.

Offense

Possession of weapon other than firearm; see Advice

Aggravated Felony (AF)

Not COV1United States v. Medina-Anicacio, 325 F.3d 638 (5th Cir. 2003). or AF. Can take more than 1 yr sentence.

See Advice

Crime Involving Moral Turpitude (CIMT)

Not CIMT2Even 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).

Other Removal Grounds

No other removal ground. (Stun gun does not meet definition of firearm)3A 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.

Advice and Comments

Good alternate plea to avoid CIMT, firearm, or COV. Includes possession of blowgun, dirk, dagger, knuckles, blackjack, stun gun.

2020-05-19T19:28:13+00:00Updated January 29th, 2020|