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Court: Foreign conviction no gun obstacle |
2005-04-26 |
WASHINGTON, April 26 (UPI) -- The U.S. Supreme Court ruled 5-3 Tuesday in a Pennsylvania case a conviction in a foreign court does not bar the possession of a gun in the United States. The U.S. Criminal Code makes it unlawful for someone to possess a firearm who earlier "has been convicted in any court" of a crime punishable by more than a year. In 1994 Gary Small was convicted in Japan court of trying to smuggle several pistols, a rifle and ammunition. He served five years in prison. Small returned to the United States and bought a gun from a Pennsylvania dealer. He was charged him under the "unlawful gun possession" statute and Small pleaded guilty on the condition he be allowed to argue on appeal the statute did not cover convictions in foreign courts. The lower courts ruled against him. But a Supreme Court majority reversed. Chief Justice William Rehnquist did not take part in the case. |
Posted by:Steve |