Crimes of Moral Turpitude

Generally speaking, actual use of firearms or explosives to harm, or attempt to harm, persons or property would be considered a crime of moral turpitude.  For example, malicious mischief has been held to involve moral turpitude if committed by means of explosives.  See § 9.15, supra, concerning assault with a firearm.

Recio-Prado v. Gonzales, 456 F.3d 819 (8th Cir. Aug. 2, 2006) (Kansas conviction of discharge of a firearm at an occupied building or vehicle, in violation of Kansas Statute section 21-4219(b), is a crime of moral turpitude);

Membreno v. Ashcroft, 385 F.3d 1245 (9th Cir. Oct. 19, 2004) (California conviction of assault with a firearm, in violation of Penal Code § 245(a)(2), constituted a crime of moral turpitude), following Gonzales v. Barber, 207 F.2d 398, 400 (9th Cir. 1953);

Matter of R, 5 I. & N. Dec. 612 (BIA 1954) (willfully and maliciously damaging or attempting to damage property by means of explosives); 

Cf. United States v. Brown, 127 F.Supp.2d 392, 408-409 (W.D.N.Y. 2001) (Virginia conviction of use of a firearm, under Virginia Code § 18.2-53.1, by use, threat to use or display of a firearm while committing or attempting to commit a felony, was crime involving moral turpitude) (dictum).