BIA Finds that Federal Conviction for Unlawfully Selling or Disposing of Firearm or Ammunition is not Firearms Offense

The Board of Immigration Appeals has determined that a federal conviction for unlawfully selling or otherwise disposing of a firearm or ammunition is not a deportable firearms offense. The BIA found the statute overbroad both because it involves offenses involving ammunition, and not firearms, and because disposing of a firearm does not require a transfer of money. The BIA further concluded that the statute is indivisible, and therefore, a conviction under the statute will never trigger firearms-related deportability.

The full text of Matter of Ortega-Quezada can be found here:

https://www.justice.gov/eoir/page/file/1522551/download

Eleventh Circuit Rejects Antique Firearm Argument

The Eleventh Circuit has rejected an argument that Florida’s felon in possession of a firearm statute is broader than the definition of a firearms-related aggravated felony because it includes possession of antique firearms excluded from the federal definition. In so doing, the court noted that the petitioner had not identified any case in which Florida prosecuted an offense involving an antique firearm, and as such, had not demonstrated a reasonable probability that the statute of conviction was broader than the deportability ground.

The full text of Aspilaire v. Attorney General can be found here:
https://media.ca11.uscourts.gov/opinions/pub/files/201912605.pdf

Second Circuit Finds that NY Firearms Convictions are not Firearms Offenses

The Second Circuit has determined that New York firearms statutes are not a categorical match to the federal definition of a firearms offense because they do not contain an antique firearms exception. The court reinforced that the realistic probability test has no role to play in the interpretation of a statute where its overbreadth is obvious on the face of the statute.

The full text of Jack v. Barr can be found here:

https://www.ca2.uscourts.gov/decisions/isysquery/5255578c-4d1d-4db5-ac16-bbbd78d43c08/16/doc/18-842_opn%2018-1479_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/5255578c-4d1d-4db5-ac16-bbbd78d43c08/16/hilite/