Safe Havens

 

(A)  Elements of the Aggravated Felony Category.  In addition to the firearms trafficking aggravated felony discussed in § 7.77, supra, the aggravated felony definition[585] includes an offense described in the following sections of Title 18 U.S. Code:

 

·          844(h) (receiving stolen explosives),

 

·          841(i) (shipping or receiving explosives in interstate or foreign commerce by indictee, felon, fugitive, addict, or mental defective or committee),

 

·          844(d) (transportation or receipt of explosives in interstate or foreign commerce with intent to injure, intimidate or damage property),

 

·          844(e) (communication of threat or false information concerning attempt to injure, intimidate, or damage property by fire or explosive),

 

·          844(f) (malicious damage by fire or explosive to property of United States or organization receiving federal funds),

 

·          844(g) (illegal possession of explosive in airport),

 

·          844(h) (use or carrying of explosive in commission of federal felony),

 

·          844(i) (malicious destruction by fire or explosive of property used in or affecting commerce),

 

·          922(g)(1)-(5) (shipping or receiving firearms or ammunition by felon, fugitive, addict, mental defective or committee, alien unlawfully in U.S., dishonorable discharge, or person who renounced U.S. citizenship),

 

·          922(j) (receiving stolen arms or ammunition),

 

·          922(n) (shipping or receiving arms or ammunition by felony indictee),

 

·          922(o) (possession of machine gun),

 

·          922(p) (possession of undetectable firearm),

 

·          922(r) (assembly of illegal rifle or shotgun from imported parts),

 

·          924(b) (ship or receive firearm or ammunition with intent therewith to commit a felony), and

 

·          924(h) (transfer of firearm with knowledge it will be used to commit a crime of violence or drug trafficking offense).

 

            The definition also includes “an offense described in” Internal Revenue Code § 5861 (26 U.S.C. § 5861) (failure to pay firearms tax, possession of unregistered firearm or one with serial number altered, etc.).  That section prohibits the following acts:

 

a.         engage in business as firearms dealer without having paid special tax or registered as required in 26 U.S.C. § § 5801, 5802,

 

b.         possess a firearm transferred in violation of this chapter (26 U.S.C. § § 5801-5872),

 

            c.         possess a firearm made in violation of this chapter,

 

d.         possess a firearm not registered to the possessor in the National Firearms Registration and Transfer Record,

 

            e.         transfer a firearm in violation of this chapter,

 

f.          make a firearm in violation of this chapter,

 

            g.         alter identification of a firearm required by this chapter,

 

            h.         possess a firearm with altered identification,

 

            i.          possess a firearm not identified as required by this chapter,

 

j.          transport or receive any firearm in interstate commerce which has not been registered as required by this chapter,

 

k.         possess a firearm imported into the U.S. in violation of 26 U.S.C. § 5844, or

 

            l.          knowingly make a false entry on any record required by this chapter.

 

A conviction of a listed offense, or of a state offense all of whose elements fall entirely within one of the listed offenses, will constitute an aggravated felony under this definition.

 

[585] INA § 101(a)(43)(E), 8 U.S.C. § 1101(a)(43)(E).