Safe Havens

(B)  Crimes of Moral Turpitude.

Many firearms offenses are held not to be crimes involving moral turpitude, either because they have no sufficiently culpable intent or because they are in essence regulatory offenses.  Mere possession of firearms without any malice or intent to harm is not considered a CMT. 

Sometimes, a court holds a firearms offense to be a CMT where the offense requires an essential element of criminal intent or an intent to use the weapon to inflict great injury.  Generally speaking, actual use of firearms or explosives to harm, or attempt to harm, persons or property would be considered a crime of moral turpitude.[186]  A conviction under a statute that gives rise to no such presumption and does not require that the defendant have the intent to use the firearm illegally does not constitute a CMT.

Board of Immigration Appeals:

Matter of Rainford, 20 I. & N. Dec. 598 (BIA 1992) (possession of a firearm is not a CMT). 

Matter of Hernandez-Casillas, 20 I. & N. Dec. 262, 278  (BIA 1990, AG 1991), aff’d mem. sub nom. Hernandez-Casillas v. INS, 983 F.2d 231 (5th Cir. 1993) (Table), citing United States ex rel. Andreacchi v. Curran, 38 F.2d 498 (S.D.N.Y. 1926) (possession of a sawed-off shotgun not a CMT).

Matter of Granados, 16 I. & N. Dec. 726 (BIA 1979) (conviction of possession of a concealed sawed-off shotgun is not a crime involving moral turpitude), criticized in Campos v. INS, 961 F.2d 309 (1st Cir. 1992).

Matter of GR, 2 I. & N. Dec. 733 (BIA 1946) (brandishing a weapon is not a CMT). 

District Courts:

Andreacchi v. Curran, 38 F.2d 498 (S.D.N.Y. 1926) (carrying concealed firearm not a CMT).

Ex parte Saraceno, 182 Fed. 955 (S.D.N.Y. 1910) (it is only the carrying of concealed weapons without a license that is prohibited by the state, and it could not be held that an act licensed by the state involves moral turpitude).

[186] Matter of S, 8 I. & N. Dec. 344 (BIA 1959) (carrying a concealed weapon is a crime of moral turpitude under a Minnesota law that specifies that carrying a concealed deadly weapon gives rise to the presumption that the person carrying the weapon has the intent to use the weapon against another person).  See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § § 9.71-9.75 (2005).