Offense
(a) permit other person to carry prohibited firearm in vehicle;
(b) permit other person to discharge firearm from vehicle
Aggravated Felony (AF)
Not an AF
Crime Involving Moral Turpitude (CIMT)
Arguably not CIMT: general intent crime without an intent to harm anyone or necessarily likely to cause injury1See People v. Laster (App. 4 Dist. 1997) 52 Cal.App.4th 1450, rehearing denied, review denied.
Other Removal Grounds
26100(a) may be divisible so must plead specifically to 25850 weapon to avoid a possible deportable firearms offense. 160Section (a) refers to both 25850, which includes antiques and to F&G § 2006, which presumably does not.
26100(b) refers to “any firearm” which should not be deportable.
Advice and Comments
PC 26100
Sec. (b) is a felony and could be an alternative to 246 or 246.3, since it doesn’t require a risk of injury or death.
SB54: (b) is one of the few wobblers that is not an exception under SB54 and so should not be transferred to ICE.
Do you want to put this as suggestion in PC 246 then?