Firearms offenses can trigger removal for noncitizens under two provisions ofimmigration law: (1) as a ground of deportation under 8 USC 1227(a)(2)(C); and (2) as an aggravated felony under 8 USC 1101(a)(43)(C)&(E). There is no firearms ground of inadmissibility under 8 USC 1182(a)(2). As outlined below, this means that

• Certain firearms offenses (most) will trigger deportation for noncitizens who have lawful permanent residence (or some other lawful status) as a firearms offense under 8 USC 1227(a)(2)(C) (firearms ground).

• Certain firearms offenses will constitute aggravated felonies under 8 USC 1101(a)(43)(C)&(E). As such, they will trigger deportation for lawful permanent residents and other lawfully admitted noncitizens pursuant to 8 USC 1227(a)(2)(A)(iii) (aggravated felony ground of deportation). As such, they can subject all noncitizens—except LPRs—to expedited removal procedures per 8 USC 1228(b). Additionally, firearms offenses that constitute aggravated felonies will subject noncitizens to sentence enhancement requirements in any prosecution for illegal reentry after deportation under 8 USC 1326.

• A firearms offense is not a ground of inadmissibility. An aggravated felony is not a ground of inadmissibility. Thus, if a noncitizen is otherwise eligible to apply for lawful permanent resident status, a conviction for a firearms offense will not trigger statutory bars to applying for (or re-applying for) LPR status.

¹⁸⁴ Note that a firearms offense would constitute a negative discretionary factor in an application for status.
However, noncitizens subject to expedited removal pursuant to 8 USC § 1228(b) because their firearms