PC 30305

PC 30305


Possession or ownership of ammunition by persons described in 29800

Aggravated Felony (AF)

Divisible as AF; see Advice.

To avoid AF, plead to 29800.

Crime Involving Moral Turpitude (CIMT)

See 29800

Other Removal Grounds

Not deportable firearms offense; see Advice.

Being an addict can cause deportability, inadmissibility. See § N.8 Controlled Substance.

Advice and Comments

AF: To surely avoid AF and deportable offense, plead to 29800.

If the plea is to 30305: AF includes possession of ammunition by a felon, addict, etc. To avoid an AF, plead to misdemeanant in possession. It is possible but not guaranteed that a plea to owning rather than possessing ammo as a felon or drug addict is not an AF. See discussion of “owning” at the endnote at PC 29800, above.

Deportable firearms offense. The firearms deportation ground does not include ammunition.1The deportation ground at 8 USC § 1227(a)(2)(C) includes possessing, carrying, selling etc., “firearms or destructive devices” as defined at 18 USC § 921(c), (d). Those sections do not include ammunition in the definition. In contrast, some offenses are aggravated felonies because they are analogous to certain federal felonies, some of which do include ammunition. That is why being a felon in possession of ammunition is an aggravated felony, although it would not be a deportable firearms offense. (Although the firearms AF definition does in some cases; see above.)

2020-10-27T16:59:00+00:00Updated January 29th, 2020|