台湾艺人儿子在美涉计划恐袭被捕

choi

锺广政 (台北报道), 台湾艺人儿子在美涉计划恐袭被捕. RFA, Mar 29, 2018.
https://www.rfa.org/cantonese/ne ... 03292018090226.html
("台湾艺人夫妇、孙鹏及狄莺正在美国留学的18岁儿子 * * * 在美国被捕的18岁台湾学生名叫孙安佐（原名孙华），是在宾夕凡尼亚州邦普天主教高中（Bonner & Archbishop Prendergast Catholic High School）就读的台湾交换生，当地时间周二（27日）晚被警方拘捕")

My comment:
(a) He is all fucked up. Mentally.
(b) Yesterday I read the English-language news report from America, view the photos (one was police holding press conference). Come of, where did he, Mr An Tso SUN, keep his gun stuff?  As an exchange student, his host family allowed it (stuff)? Was his room so big?
(c) His is cooked: not just repeated threats (more than once) to shoot, but possession of firearm(s) and ammunition. He now claims the gun is a toy gun. But possession of ammunition (a bullet) is also very serious.  If he is not locked up in US for years, he should consider himself lucky.
(d) Federal law simply says non-immigrant aliens (foreigners, that is) can not have either firearms OR ammunition.  
(i) Nonimmigrant Aliens. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), undated
https://www.atf.gov/qa-category/nonimmigrant-aliens

Q: "May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant visa possess a firearm or ammunition in the United States?

A: "An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

"[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]

(A) This ATF page does not mention gun ranges.
(B) The 18 USC § 922(y) is reproduced at the bottom.
(C) What about the many news reports that tourists come to US to shot in gun ranges? They shoot not just automatic weapons, but machine guns recently. I just googled and most range do not even mention law (federal or state); tey simply admit tourists for practice. But one gun range says tourists from visa-exempt program could -- apparently alluding to Japanese or Europeans. Another gun rage says tourists "rent" -- not "buy" -- so it is all right (what about possession?). I finally find the correct answer. See next.
(ii) Adam Gorlick, Gun Rentals Are Easy at Firing Ranges. Associated Press, Apr 11, 2007
http://www.foxnews.com/printer_friendly_wires/2007Apr11/0,4675,FiringRangeGuns,00.html
("Jim McNally, a spokesman for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives[:] "There is no federal regulation of ranges' ")

In Worcester (west of Boston), Boston Gun Range is now known as Boston Gun and Rifle Association.

(e) This dw report: "孙安佐的律师向法院解释话，房间的步枪是万圣节服装比赛的道具，并不是真的武器，法院接纳辩方陈述，同意孙华进行心理评估通过后，可以十万美元交保，4月11日再开庭审理。"

It is 4 pm, Thursday, Mar 29. The www.pennlive.com reports ("8h ago": Google)
(i) that Sun's lawyer who makes the argument today is "Public defender Enrique Latoison."
(ii) "Charged with making terroristic threats, Sun is being held on $100,000 bail (ten percent cash)."

"The Patriot-News was the largest daily newspaper serving the Harrisburg, Pennsylvania metropolitan area. * * * It is now published Sundays, Tuesdays and Thursdays."  Wikipedia. This newspaper owns www.pennlive.com.

(f)
(i) Bonner & Prendergast Catholic High School
https://en.wikipedia.org/wiki/Bo ... atholic_High_School
(ii) Prendergast
https://en.wikipedia.org/wiki/Prendergast

choi

18 USC § 922:

* * * *
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.-
(1) Definitions.-In this subsection-
(A) the term "alien" has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term "nonimmigrant visa" has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)).

(2) Exceptions.-Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is-
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is-
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or
(ii) en route to or from another country to which that alien is accredited;

(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

(3) Waiver.-
(A) Conditions for waiver.-Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if-
(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and
(ii) the Attorney General approves the petition.

(B) Petition.-Each petition under subparagraph (B) shall-
(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and
(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g).

(C) Approval of petition.-The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner-
(i) would be in the interests of justice; and
(ii) would not jeopardize the public safety.
* * *