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Abstract

Granted: Monday, March 29, 2004
Argument: Wednesday, November 3, 2004
Decision: Tuesday, April 26, 2005
Issues: Federal Rules of Criminal Procedure, Firearms

Advocates

Paul D. Boas (argued the cause for Petitioner)
Patricia A. Millett (argued the cause for Respondent)

Facts of the Case

Federal law made gun possession illegal for any person "convicted in any court" for crimes punishable by more than a year in prison. A Japanese court convicted Gary Sherwood Small for crimes punishable by a prison term longer than one year. Years later a U.S. District Court convicted Small, because of his prior conviction, of illegally possessing a gun. Small appealed and argued the term "convicted in any court" did not include convictions in foreign courts. The Third Circuit Court of Appeals ruled against Small.

Question

Federal law made gun possession illegal for any person "convicted in any court" for crimes punishable by more than a year in prison. Does "convicted in any court" include convictions in foreign courts?

Conclusion

No. In a 5-3 opinion delivered by Justice Stephen Breyer, the Court held that the federal law's phrase, "convicted in any court," encompassed only domestic, not foreign, convictions. The majority reasoned that in determining the scope of the phrase, it was appropriate to assume Congress had domestic concerns in mind. Moreover, the statute's overall language suggested no intent to reach beyond domestic convictions.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Small, 3 vote(s) against
Legal Provision: 18 U.S.C. 922
Did not participate
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Voted with the minority, joined Thomas' dissent
Scalia
Voted with the minority, joined Thomas' dissent
Kennedy
Voted with the majority
Souter
Wrote a dissent
Thomas
Voted with the majority
Ginsburg
Wrote the majority opinion
Breyer
Full Opinion by Justice Stephen G. Breyer

Cite this page

The Oyez Project, Small v. United States, 544 U.S. 385 (2005),
available at: <http://www.oyez.org/cases/2000-2009/2004/2004_03_750/>
(last visited ).