Firearm Convictions Are a Specific Immigration Deportation Ground
Federal immigration law contains a specific deportability ground for firearm convictions that is distinct from other criminal grounds. Under INA § 237(a)(2)(C), any non-citizen convicted of a firearms offense is deportable. This ground applies broadly and doesn’t require aggravated felony classification or CIMT analysis. Whether you are in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris defends non-citizen firearms cases with full awareness of this distinct deportability pathway.
The Firearm Deportability Statute
Under INA § 237(a)(2)(C), any non-citizen convicted at any time after admission of “any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code)” is deportable.
This is an extraordinarily broad provision. Any firearm-related conviction — even a misdemeanor — triggers deportability.
Kentucky Firearms Charges
Common Kentucky firearms offenses include carrying a concealed deadly weapon without a permit (which became largely irrelevant after Kentucky’s 2019 permitless carry law, but still applies in certain contexts), possession of a firearm by a convicted felon under KRS 527.040, unlawful possession of a weapon on school property under KRS 527.070, and possession of a defaced firearm under KRS 527.050.
Each of these can trigger the firearm deportability ground.
Federal Firearms Charges
Federal firearms prosecutions under 18 U.S.C. § 922(g) produce some of the most dangerous non-citizen cases. Several categories of “prohibited persons” under § 922(g) include non-citizens themselves: § 922(g)(5)(A) prohibits firearm possession by any alien unlawfully in the United States, and § 922(g)(5)(B) prohibits firearm possession by non-immigrant visa holders with limited exceptions.
A non-citizen convicted under § 922(g) faces both criminal exposure (up to 10 years) and the automatic immigration deportability under INA § 237(a)(2)(C). For LPRs and others, § 922(g) also intersects with aggravated felony analysis under § 924(c) when firearms are used in connection with other crimes.
Firearms Trafficking as Aggravated Felony
Under INA § 101(a)(43)(C), illicit trafficking in firearms or destructive devices is an aggravated felony. This reaches straw purchase conspiracies, interstate firearms trafficking, and other organized firearms distribution offenses.
Defense Strategy for Non-Citizen Firearms Cases
Clark + Harris defends non-citizen firearms cases with strategies including aggressive Fourth Amendment challenges to searches that produced firearms, challenges to the “possession” element in shared vehicle or residence cases, Second Amendment challenges under the evolving Bruen/Rahimi framework, and plea negotiations to non-firearms charges when available.
Non-Firearm Alternative Charges
Sometimes charges can be negotiated to non-firearm alternatives. A “carrying a concealed weapon” charge involving a knife or other non-firearm weapon falls outside the firearm deportability ground. Amended pleas to disorderly conduct or other charges may avoid the firearm trigger entirely.
Contact Clark + Harris for Non-Citizen Firearms Defense
Firearms charges carry distinct immigration consequences that demand specialized defense. Clark + Harris has the experience you need.
Call 859-474-0001 today for a confidential consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Kentucky Firearms Charges: Carrying a Concealed Weapon
- Gun Charges Lawyer in Louisville, Kentucky
- Federal Felon in Possession Charges (18 U.S.C. § 922(g))
- Federal 924(c) Firearm Enhancements in Drug Cases
- Armed Career Criminal Act (ACCA) Defense
Legal Resources
Kentucky firearms laws are found in KRS Chapter 527. Federal firearms statutes are codified in 18 U.S.C. Chapter 44. For ATF regulations, visit the Bureau of Alcohol, Tobacco, Firearms and Explosives. Contact Clark + Harris PLLC at (859) 474-0001 for defense against firearms charges.