Criminal Defense of Immigrants

(C)  Firearms Offenses.  A sixteen-level increase will be applied to any noncitizen convicted of a firearms offense, as defined in U.S.S.G. § 2L1.2 cmt. 1(B)(v).  This definition is quite broad and includes any “offense under Federal, state, or local law that prohibits the possession of a firearm.”[292]  This definition is broader than the aggravated felony firearms offense definitions.[293]               

[292] See e.g., United States v. Vasquez-Garcia, 449 F.3d 870 (8th Cir. Jun. 9, 2006) (conviction for possession of a weapon, in violation of California Penal Code § 12020(a), is an aggravated felony firearms offense where charges to which noncitizen entered plea indicated that the firearm was a sawed-off shotgun).

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