PC 27500

PC 27500

Offense

Sell, supply, deliver, give possession of firearm to persons whom seller (a) knows or (b) has cause to believe is a prohibited person

Aggravated Felony (AF)

Sale is not AF as firearms trafficking due to antique firearms rule.

Try to give added protection with plea to deliver or give, which lacks commercial element.

Crime Involving Moral Turpitude (CIMT)

Unclear; might be CIMT. See Advice

Other Removal Grounds

Not deportable under firearms ground due to antique firearms rule. See discussion in PC 29800.

Advice and Comments

CIMT: Some courts have stated that unlicensed sale, as opposed to, e.g., gunrunning for gangs, is a regulatory offense and not a CIMT.1See, e.g. Ali v. Mukasey, 521 F.3d 737, 740 (7th Cir. 2008) (unlicensed trafficking of firearms should not be CIMT if is mere failure to comply with licensing or documentation requirements); cited with approval in Efagene v. Holder, 642 F.3d 918, 923 (10th Cir. 2011). 27500 does not require bad intent or even commercial gain but does include prohibited person. 27500(b) (having cause to believe buyer is a prohibited person) may be better than 27500(a) (knowing this).

Misd is a “significant misdemeanor” and thus an enforcement priority and bar to DACA, but 1203.4 may work. See PC 25400.

2020-05-19T19:30:28+00:00Updated January 29th, 2020|