Medina-Lara v. Holder, 771 F.3d 1106, 1116 (9th Cir. Oct. 10, 2014), withdrawing prior opinion at 767 F.3d 801 (9th Cir. Sept. 19, 2014) (California conviction of possession for sale of a controlled substance, in violation of Health & Safety Code 11351, with a sentence enhancement for carrying a firearm during that offense, in violation of Penal Code 12022(c), did not constitute a deportable firearms offense, under INA 237(a)(2)(C), 8 U.S.C. 1227(a)(2)(C), since former Penal Code 12001(b), which defined "firearm" at the time of petitioner's conviction, was overbroad with respect to the federal firearms definition, which includes an exception for antique firearms that the California definition does not: We hold that Aguilera"Rios applies to any California statute based on the definition of firearm formerly appearing at 12001(b). Although the underlying conviction in Aguilera"Rios was obtained under former California Penal Code 12021(c)(1), that statute incorporates by reference the same definition of firearm as does 12022(c), the statute of Medina's conviction. This is sufficient to bind us to Aguilera"Rios's holding.); following United States v. Aguilera"Rios, 754 F.3d 1105, 1112 (9th Cir. 2014) (California conviction for possession of a firearm under former California Penal Code 12021(c)(1), which used the state firearms definition provided under former California Penal Code 12021(c)(1), did not categorically match the federal firearms definition, because it did not incorporate the same antique firearms exception as the federal statute).
Cross-References: Cal Crim Def Immig 16.12.