• 16
  • February
    2012

A 20-year-old undocumented immigrant from Ocoee, Florida, recently pled guilty to possession of a firearm and ammunition, which may put him in federal prison for up to 10 years. Once he has served his sentence, he will face deportation.

The man was arrested after he accidentally shot his two-year-old cousin. According to the Department of Justice, he admitted to purchasing the firearm a year ago.

Under federal law, illegal immigrants may not possess firearms or ammunition. In fact, some immigrants who are in the U.S. legally can also face serious criminal immigration penalties if they possess firearms. This includes any immigrant lawfully admitted under a non-immigrant visa. Immigrants who are permanent residents may possess both guns and ammunition.

"Possession of a firearm or ammunition by a prohibited person" carries up to ten years in prison. It can also have serious immigration consequences.

There are multiple ways that possession of a firearm can be considered an "aggravated felony" under U.S. immigration laws:

  • The immigrant was involved in the sale or delivery of firearms (firearm trafficking)
  • The firearm falls into a specific category, such as a machine gun
  • The immigrant was charged with possession of a firearm by a felon
  • The immigrant was charged with a crime of violence involving a sentence of one year or longer

Conviction of an aggravated felony can lead to mandatory detention and deportation. It will also bar an immigrant from returning to the United States. If the immigrant illegally reenters the U.S., he or she could face up to twenty years in prison.

With consequences this severe, it is vital to speak with an experienced immigration lawyer if you have been charged with unlawful possession of a firearm or any other immigration crime.

Source: Wink News, "Illegal immigrant pleads guilty in firearm possession," Feb. 13, 2012.