SABT 2 E FA Criminal Violations 09-02 Flashcards
-commerce between any place outside of that state, or within any possession of the US
if the state can prove the gun or ammo crossed state line
-means and method of proving it = nexus (experts) tell court where gun was made,
Interstate Commerce
1 ID the person who are prohibited from possessing FA and ammunition by 18 USC 922(g) and the FA these persons are not allowed to possess.
-Illegal for a felon to knowingly, ship, transport, receive, or possess any FA or Ammunition,
-in from or affecting interstate or foreign commerce, 10 yrs
1 Felony definition 922(g) conviction in any court for a crime punishable by imprisonment for a term exceeding 1 yr
-Any court: Federal, State, military, but not foreign conviction
-Felony exception 921(a)(20)
a Antitrust violations , unfair trade practice, restraints of trade or other similar offense relating to the regulation of business
3 ID what term ___ means and the method of proving it at trial
1 Control of an object or the place where it is kept, regardless
of the ownership
2 Actual possession-immediate control of an object
3 Constructive possessions non-immediate control of an object ie. residence, vehicle office
4 Person who lives in a dwelling alone is responsible for contraband possession, discovered therein.
Possession
4 ID certain legal issues regarding prohibited person violation: multiple FA and ammo possession, multiple prohibited person person status by one person, FA sting, and the defense of duress.
- Def can be prosecuted for receiving and later possessing the same FA. If he is convicted of both counts, the trial judge must dismiss one count and sentence him for only one count.
- Defendant may not be convicted of multiple 922(g) counts
4b
If ATF leans that a prohibited person wants to acquire a FA, ATF may sell a FA affecting interstate commerce to the suspect and then arrest him for 922(g) RECEIVE
Firearm Sting
5 ID the Armed Career Criminal Sentencing statue, 18 USC 924 (e)
-If the defendant is convicted today of 922 (g) violations and has
1 three prior convictions in his past of
2 committed on different occasions
3 violent felony or serious drug crime or both
-must be sentenced to not less than 15 yrs in prison
5b
ARMED CARER CRIMINAL
Violent Felony 924(e)(2)(b)
1 THREE PRIOR CONVICTIONS IN HIS PAST
2 committed on different occasions
3 Violent felonies or serious drug offenses, or combination of both (must be SENTENCED not less than 15 yrs in prison)
1 Felony or act of juvenile delinquency that
2 attempt use, or threatened use of physical force against another person, eg murder, robbery, carjacking, or is burglary, arson, extortion, use of explosives, or involves conduct that presents a serious potential risk of physical injury to another person I.e. attempted burglary
6 ID the violations regulating to juvenile and handguns
- 922 (x)(2) illegal for juvenile to knowingly possess a handgun or handgun only ammo, = 1yr misdemeanor 924(a)(6)(A)
- 922 (x) (1) illegal for a person to knowingly
- transfer a handgun only ammo to a juvenile= 1yr, If he know or had reason to know the juvenile intended to commit a crime of violence with the FA 10 yr 924(a)()(B)
8 ID the violations of 18 USC 924(c), using, carrying or possessing a FA or armor piercing ammo to commit other Federal crimes of violence or Federal drug trafficking crimes and their penalties.
- illegal to use or carry, during and in relation to, or possess APA in furtherance of a crime of violence or drug trafficking crime, not less than 15 years.
- illegal to knowing import or bring into the US or any possession thereof any FA or ammo in violation of section 922(i)
9 ID Federal crimes of violence encountered in 924(c) violations
- Conspiracy
- Murder death penalty
9a
1 Robbery of residence, site of legal interstate business
2 Robbery of residence, site of illegal interstate business
3 Robbery of residence, site where interstate business proceeds stored
4 Robbery of residence of interstate sale person
5 Robbery of residence, stolen items taken to other states
6 Sting: conspiracy and attempt to commit 1951 and 841(a)
18 USC 1951 Interstate robbery/ extortion and home invasions
9b -Assault of Fed Agent
- Threatening, injuring family of FED
- Publicizing restricted personal info of Agents
- Conspiracy to murder Fed Agents
- Filing false lien against property of agent
- Robbery of undercover FED Agent
- Robbery of personal property of US
18 USC 111 1114 crime against law enforcement officers
9c
18 USC 1512 1513 crimes against victims, witnesses, informers
9d
- Illegal to willfully conspire (two suspects required) to violate a civil right
- Guaranteed by the US constitution or Federal statue
- Rights to free exercise investigations, etc, up to death penalty
18 USC 241 crime against civil rights
9e
illegal with specific intent to cause death or serious bodily harm if necessary I.e. firearm loaded, actions, statements,
-to take a vehicle which has crossed state or foreign lines
-From the person or presence of another
-By force or intimidation (attempt included) death
18 USC 2119 carjacking
9f
1 Illegal to use the US. mail or a
2 Facility of interstate or foreign commerce, or to
3 Travel in interstate of foreign commerce
4 With the intent that murder be committed for Pecuniary value, death
18 USC 1958 murder for hire
9g
1 Illegal to commit murder, kidnapping, maiming, assault, or threat to commit a crime of violence
2 for pecuniary value or
3 To gain entry into, or to maintain a current position in, or to increase a position in a
4 Gang-affecting interstate or foreign commerce, death
18 USC 1959 crimes committed by gangs
9h
1 Illegal to cross a state or foreign line with
2 Intent to kill, injure, harass, or intimidate a
3 Spouse, former spouse, one who shares a child with abuser, one who has or is cohabiting with abuser, dating partner, and
4 Commit or attempt to commit a crime of violence, life
18 USC 2261 interstate domestic violence
9i
1illegal to unlawfully seize/ abduct a person and
2 carry the victim across stated line, or for the
3 Offender to travel across state lines, or for the
4 Offender to use the US mail or for the
5 Offender to use any facility of interstate or foreign commerce
18 USC 1201 Kidnapping
9j
1 illegal to rob
2 Bank, Credit union or saving and loan association, 20 years
18 USC 2113 bank robberies