PC 25400(a)

PC 25400(a)

Offense

Carrying concealed firearm

Aggravated Felony (AF)

Not an AF, but as always try to get 364 or less on each count.

Crime Involving Moral Turpitude (CIMT)

Not CIMT.

Other Removal Grounds

Not deportable firearms offense under antique firearms rule;1This is not a deportable firearms offense because it uses the definition of firearms at Pen C § 16520. See CALCRIM 2520 and see Medina-Lara v. Holder, 771 F.3d 1106, 1116 (9th Cir. 2014), U.S. v. Aguilera-Rios, 769 F.3d 626 (9th Cir. 2014). see discussion at PC 29800.

Advice and Comments

DACA. Some misdemeanors are “significant misdemeanors” and thus a bar to DACA.2As of this writing in August 2018, persons who have received DACA are permitted to apply for renewal, but many other decisions are tied up in lawsuits. For updates go www.ilrc.org/daca and www.unitedwedream.org. For a description of DACA eligibility and crimes bars, see the section on DACA in § N.17 Relief Toolkit (August 2018) at www.ilrc.org/chart. These include a misd relating to firearms, burglary, DV, sexual abuse, drug trafficking, and DUI, as well as any misd with a sentence imposed (not including suspended) of over 90 days. Conservatively assume that the antique firearms exception will not prevent this, and that a crime of DV will be very broadly defined. Three misd convictions of any kind, arising from three separate incidents, have the same effect. Expungement under PC 1203.4 might eliminate the conviction/s for these purposes.

A single felony conviction also is a bar to DACA, Reduction to a felony per PC 17 or Prop 47 will eliminate this bar.

In all cases, even if a conviction is not a bar, it can be a negative discretionary factor. See materials on DACA cited in above endnote.

2020-10-23T18:36:52+00:00Updated January 29th, 2020|