PC 33215

PC 33215


Possess, give, lend, keep for sale, a short-barreled shotgun or rifle

Aggravated Felony (AF)

Sale is an AF as trafficking.

Felony possession is not a COV but as always try to avoid 1 yr. See Advice

Crime Involving Moral Turpitude (CIMT)

Possession is not a CIMT.1Matter of Hernandez-Casillas, 20 I&N Dec. 262, 278 (BIA 1990) and see Matter of Granados, 16 I&N Dec. 726, 728-9 (BIA 1979) (holding that possession of sawed-off shotgun is not a crime involving moral turpitude), abrogated on other grounds by Matter of Wadud, 19 I.&N. Dec. 182, 185 (BIA 1984). See Advice.

Other Removal Grounds

Yes, a deportable firearms offense; the antique firearm exception does not apply.2“Short barreled shotgun as described in 33215” is listed in Pen C § 16590, defining prohibited weapons. Section 16590 expressly excludes antique firearms; see Pen C § 17700.

Advice and Comments

COV: While older decisions held felony possession of these weapons is a COV under 18 USC 16(b), these decisions were abrogated by the Supreme Court’s holding that 16(b) is void for vagueness.3Sessions v Dimaya, 138 S Ct 1204 (2018). See discussion at Pen C § 207, above. See PC 207.

CIMT: If possession is not a CIMT it should follow that lending or giving also is not, but there is no precedent on those, or the more dangerous offense of sale, so try hard to plead to possession.

Misd is a “significant misdemeanor” and bar to DACA but 1203.4 may eliminate it. See PC 25400.

2020-10-27T17:02:20+00:00Updated January 29th, 2020|