This section has been intentionally left blank to allow for the inclusion of additional safe havens.  We welcome your suggestions, and will be happy to share them with others via future editions of this book and its monthly updates on http://www.CriminalAndImmigrationLaw.com.

 

Fourth Circuit

SAFE HAVENS - BB GUN NOT FIREARM
United States v. Walker, 40 F.3d 1245, 1245 (4th Cir. 1994) (Government conceded that BB gun was not a firearm under statutory definition), United States v. Rosa, 507 F.3d 142, 145 n. 1 (2d Cir. Oct. 30, 2007) (Court stated that not all guns are firearms, specifically naming BB guns as an example). Thanks to Richard Breitman & Roshani M. Gunewardene

NOTE: Some states (e.g. Florida, Nebraska) allow conviction for use of a deadly weapon by BB or other toy gun.

Ninth Circuit

SAFE HAVEN " CARRYING A CONCEALED FIREARM CRIM DEF " FIREARMS OFFENSES " DEFINITION OF FIREARM
A plea to carrying a concealed firearm on the person, in violation of Pen C 25400(a)(2), should not be considered a crime of moral turpitude, a firearms conviction, or an aggravated felony, as a ground of deportation, inadmissibility, or even for relief purposes such as cancellation of removal. United States v. Aguilera"Rios, 754 F.3d 1105, 1112 (9th Cir. 2014); Matter of Chairez, 26 I&N Dec. 349, 35558 (BIA 2014).