Possession of unregistered firearm in violation of National Firearms Act is not crime of violence for sentencing purposes under 18 U.S.C. § 924(c)(3)

STATUTORY CONSTRUCTION United States v. Serafin, No. 07-8086, ___ F.3d ___ (10th Cir. Apr. 14, 2009)(Wyoming). Appeal of sentence imposed under 18 U.S.C. § 924(c)(3)(B) for possessing unregistered short-barrel rifle in violation of National Firearms Act at 18 U.S.C. § 924(c)(1). HELD: Possession of unregistered firearm is not crime of violence for sentencing purposes under 18 U.S.C. § 924(c)(3)(B). Section 924(c)(3)(B)’s scope is limited to active, violent crimes that pose substantial risk that force may be used during course of offense. Mere unlawful act of possession of unregistered firearm does not by its nature involve substantial risk that physical force will occur during course of committing offense. Read the opinion here.