quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
A4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor;
Crime Involving Moral Turpitude (CMT): Probably not, but this is not established. Carrying a
concealed weapon without a license or permit has been held not to involve moral turpitude because an act
licensed by the state cannot properly be considered morally turpitudinous. Ex parte Sarceno, 182 F. 955,
957 (Cir. Ct. N.Y. 1910); United States ex rel. Andreacchi v. Curran, 38 F.2d 498 (S.D.N.Y. 1926). The
additional factor of the status of the person (e.g., undocumented immigrant, felon) should not make it a
CMT.
Aggravated Felony: To avoid an aggravated felony, avoid identifying in the record that a
firearm or destructive device was involved. Even if that is not possible, avoid an aggravated felony by
avoiding identifying in the record that the defendant was a prohibited possessor due to being a felon or an
illegal immigrant, as opposed to other category. See discussion above.
Firearms Deportation Ground: To avoid this ground, defense counsel should plead defendant
to a “deadly weapon or prohibited weapon.”
A5. Selling or transferring a deadly weapon to a prohibited possessor
Crime Involving Moral Turpitude (CMT): Possibly. See A3.
Aggravated Felony: Firearms Trafficking Offense: Yes, if the weapon is identified as a firearm
or destructive device. Avoid identification of the weapon on the record of conviction.
Firearms Deportation Ground: To avoid this ground, defense counsel should plead defendant
to a “deadly weapon.”
A6, A7. Defacing a deadly weapon; or possessing a defaced deadly weapon knowing the deadly
weapon was defaced;
Counsel should try to plead to possession under a different subsection.
Crime Involving Moral Turpitude (CMT): Probably not, but no cases on point. See A1.
Aggravated Felony: Firearms Offense: Yes, if the offense is identified as a firearm (or if by
law only a firearm could be recognized as being capable of being defaced). This could be held analogous
to 26 U.S.C. § 5861(g), (h), which makes it a federal offense to alter the identification of a firearm or to
possess such an altered firearm.
Firearms Deportation Ground: To avoid this ground, defense counsel should plead defendant
to defacing or possessing a “deadly weapon,” if it is possible for deadly weapons that are not firearms or
destructive devices to be “defaced” as the term is intended.
A8. Using or possessing a deadly weapon during the commission of any felony offense included in
chapter 34 of this title (drug offenses).
Crime Involving Moral Turpitude (CMT): Yes. The actual use of a deadly weapon during the
commission of a felony is a CMT. Mere possession of a deadly weapon or firearm is not a CMT, Matter
of Granados, 16 I. & N. Dec. 726 (BIA 1979), but the possessing of a deadly weapon during a felony
offense may or may not be a CMT depending upon the type of drug offense involved. If there is mere
Arizona Criminal Chart with Explanatory Endnote – August 2012
85