PC 26350

PC 26350

Offense

Openly carrying unloaded handgun in public place

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

Assume it is deportable firearms offense because, like the federal definition, this excludes antiques—but imm advocates can seek arguments against this.1Pen C § 26350 specifically excludes unloaded antique firearms. See Pen C § 16520(d)(5). The definition of unloaded firearm may be a categorical match with the federal definition of firearms in 18 USC § 921(a). Defenders or immigration counsel can investigate whether the definition of antique firearm in this statute does not entirely match the federal definition (for example, the federal definition includes replicas), and if it does not, they can investigate whether there ever has been a prosecution of an unloaded antique replica.

Advice and Comments

Bad plea if avoiding deportation ground is the goal. Consider, instead a firearms offense that does not come within the firearms deportation ground because of the antique firearms exception, e.g., 25850 (carrying loaded firearm in public)

Misd is a “significant misdemeanor” for DACA; see Advice at PC 25400.

2020-05-19T19:30:02+00:00Updated January 29th, 2020|