Crimes of Moral Turpitude
§ 9.71 G. Firearms Offenses
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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. Sometimes, a court holds a firearms offense to be a CMT where criminal intent or an intent to use the weapon to inflict great injury is involved. A conviction under a statute that has no such element and does not require that the defendant have the intent to use the firearm illegally does not constitute a CMT even under Matter of S.[154]
Relationship with Other Grounds of Deportation. Trafficking in firearms and explosives, and certain specifically listed firearms offenses constitute aggravated felonies. Actual use of firearms or explosives to harm, or attempt to harm, persons or property could constitute an aggravated felony under the “crime of violence” theory. Thus, a noncitizen with a gun conviction could be deportable but would not be excludable.[155]
[154] 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).
