Criminal Defense of Immigrants


§ 23.16 4. Ammunition Offenses

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The firearms statute generally does not define ammunition as falling within the definition of “firearm.”[105]

[105] 18 U.S.C. § 921(a)(17)(A) provides: “The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
(B) The term “armor piercing ammunition” means--
(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
(C) The term “armor piercing ammunition” does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.”



Second Circuit

Oppedisano v. Holder, 769 F.3d 147 (2d Cir. Oct. 8, 2014) (federal conviction for the unlawful possession of ammunition, under 18 U.S.C. 922(g)(1), qualifies as an aggravated felony under INA 101(a)(43)(E)(ii), 8 U.S.C. 1101(a)(43)(E)(ii)).
Kuhali v.Reno, 266 F.3d 93 (2nd Cir. 2001) (ammunition was not a firearm or destructive device). The Ninth Circuit suggests that ammunition-related offenses are not deportable under the firearms ground. See Malilia v. Holder, 632 F.3d 598, 603 (9th Cir. 2011) (Because only the improper delivery of a firearms would constitute a removable offense, a violation of 922 is not categorically a removal [firearms] offense. For instance, improperly delivering ammunition would not render the alien removal under 1227.)