Small v. United States
Encyclopedia
Small v. United States, 544 U.S. 385
(2005), was a criminal appeal decided by the Supreme Court of the United States
on April 26, 2005. The issue of the case was whether (g)(1), which makes it illegal to possess a gun for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison, includes convictions in foreign courts. There was a split between federal Circuit Courts
on this issue, and the lower courts in this case ruled that the law did apply to foreign convictions. The Court ruled, in a five to three decision, that "any court" does not include those in foreign countries.
in Okinawa, Japan
. According to Japanese authorities, the water heater contained several pistols, a rifle, and ammunition. Small was convicted on 17 April 1994 by a Japanese court for violating the Japanese Act Controlling the Possession of Firearms and Swords, the Gunpowder Control Act, and the Customs Act, all of which were felonies
(that is, offenses punishable by a term of imprisonment exceeding one year). Small was sentenced to five years in a Japanese prison, but was parole
d in November 1996. His parole ended on 26 May 1998.
On 2 June, 1998, shortly after his Japanese parole ended, Small purchased a handgun from the Delmont Sport Shop, a firearms dealer in the community where he resided. During the purchase process, Small filled out a form required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). One of the questions on the form was "Have you ever been convicted in any court of a crime for which the judge could have imprisoned you for more than one year, even if the judge actually gave you a shorter sentence?" Small answered "no" to this question.
In 2000, during a routine check of gun purchases from firearms dealers, the ATF discovered that Small, who had served a prison sentence in Japan, had purchased a handgun in Pennsylvania
. When they searched his apartment they found another gun and ammunition. According to the government, because Small had been convicted in Japan in 1994, when he purchased the handgun at the Delmont Sport Shop he violated Title 18 United States Code
§ 922(g)(1), which makes it unlawful:
. . . for any person
in the United States District Court for the Western District of Pennsylvania
indicted Small on four counts:
Upon his indictment, Small filed to have the case dismissed, arguing that foreign convictions should not count as a predicate offense under Section 922 because the statement "any court" within the statute was meant for U.S. convictions only. The district court denied the motion.
Small also argued that his Japanese offense should not count because he did not receive certain basic civil rights
protections during his trial in Japan. Small requested that the district court
hold an evidentiary hearing so that he could testify about the fairness of his conviction in Japan. The government responded that there was no need for an evidentiary hearing because Section 922 addresses the fact of a prior conviction, not the fairness of it. On 16 January 2002, the district court denied the motion because the Japanese Constitution
protects similar rights guaranteed by the United States Constitution
. (Small argued that, while the same rights are protected in theory, in practice they are abused, citing several specific instances of incidents that would be considered violations of rights protected under the Fourth Amendment
and Fifth Amendment
of the United States Constitution.)
On 14 March, 2002, Small conditionally pled guilty to one count of possession of a firearm by a convicted felon, for which he was sentenced to eight months in jail and three years of supervised release. However, he remains free on bail pending the outcome of his appeals.
. The appeals court upheld the district court's ruling in a relatively short opinion, stating that the district court properly determined the fairness of the Japanese court's proceedings as well as the opinion that "any court" applies to both foreign and domestic courts.
Interestingly, the appeals court did not acknowledge in its opinion a split among circuit courts. In the past 18 years, there have been four other cases on the same question. In the 1980s, the Fourth
and Sixth Circuits
held that foreign convictions could serve as predicate offenses under Section 922. More recently, the Tenth
and Second Circuits
have ruled that the term "any court" refers only to U.S. courts.
Following the opinion, Small filed for an en banc
hearing of the case, which was denied.
to the Supreme Court of the United States
. The government did not oppose, citing an interest in "being able to apply a uniform national rule in regulating or giving advice to persons with foreign convictions who seek to become licensed firearm importers, manufacturers, or dealers, or who seek to possess firearms." On 29 March 2004, the Court granted Certiorari, agreeing to hear the case.
Oral arguments were presented on 3 November 2004. The Supreme court ruled on April 26, 2005, in favor of Small, in a decision written by Justice Breyer, joined by justices Ginsburg, Stevens, O'Connor, and Souter. Justice Thomas, joined by justices Scalia and Kennedy dissented. The majority opinion emphasised anomalies resulting from a reading of "any court" to include foreign courts. The dissent insisted on a literal interpretation of the word "any" and argued that applying the law to foreign convictions was not irrational enough to rebut the usual meaning of the word "any".
. As the government notes in its response to the request for Certiorari:
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2005), was a criminal appeal decided by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
on April 26, 2005. The issue of the case was whether (g)(1), which makes it illegal to possess a gun for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison, includes convictions in foreign courts. There was a split between federal Circuit Courts
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
on this issue, and the lower courts in this case ruled that the law did apply to foreign convictions. The Court ruled, in a five to three decision, that "any court" does not include those in foreign countries.
Background
In December 1992, Gary Sherwood Small was arrested for an apparent (and disputed) attempt to recover a water heater from Naha AirportNaha Airport
-Incidents:* On December 1, 1994, Ramzi Yousef planted a bomb on Philippine Airlines Flight 434, with the intent of mass murder. The bomb exploded on the Boeing 747-283B en route from Cebu to Tokyo, killing one passenger...
in Okinawa, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
. According to Japanese authorities, the water heater contained several pistols, a rifle, and ammunition. Small was convicted on 17 April 1994 by a Japanese court for violating the Japanese Act Controlling the Possession of Firearms and Swords, the Gunpowder Control Act, and the Customs Act, all of which were felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
(that is, offenses punishable by a term of imprisonment exceeding one year). Small was sentenced to five years in a Japanese prison, but was parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
d in November 1996. His parole ended on 26 May 1998.
On 2 June, 1998, shortly after his Japanese parole ended, Small purchased a handgun from the Delmont Sport Shop, a firearms dealer in the community where he resided. During the purchase process, Small filled out a form required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). One of the questions on the form was "Have you ever been convicted in any court of a crime for which the judge could have imprisoned you for more than one year, even if the judge actually gave you a shorter sentence?" Small answered "no" to this question.
In 2000, during a routine check of gun purchases from firearms dealers, the ATF discovered that Small, who had served a prison sentence in Japan, had purchased a handgun in Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
. When they searched his apartment they found another gun and ammunition. According to the government, because Small had been convicted in Japan in 1994, when he purchased the handgun at the Delmont Sport Shop he violated Title 18 United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
§ 922(g)(1), which makes it unlawful:
. . . for any person
-
- (1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year: . . .
- to possess in or affecting commerce, any firearm.
District Court
On 30 August, 2000, a federal grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
in the United States District Court for the Western District of Pennsylvania
United States District Court for the Western District of Pennsylvania
The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...
indicted Small on four counts:
- one count of making a false statement to a federally licensed firearms dealer;
- one count of possession of ammunition by a convicted felon; and
- two counts of possession of a firearm by a convicted felon.
Upon his indictment, Small filed to have the case dismissed, arguing that foreign convictions should not count as a predicate offense under Section 922 because the statement "any court" within the statute was meant for U.S. convictions only. The district court denied the motion.
Small also argued that his Japanese offense should not count because he did not receive certain basic civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
protections during his trial in Japan. Small requested that the district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
hold an evidentiary hearing so that he could testify about the fairness of his conviction in Japan. The government responded that there was no need for an evidentiary hearing because Section 922 addresses the fact of a prior conviction, not the fairness of it. On 16 January 2002, the district court denied the motion because the Japanese Constitution
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
protects similar rights guaranteed by the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. (Small argued that, while the same rights are protected in theory, in practice they are abused, citing several specific instances of incidents that would be considered violations of rights protected under the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
and Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
of the United States Constitution.)
On 14 March, 2002, Small conditionally pled guilty to one count of possession of a firearm by a convicted felon, for which he was sentenced to eight months in jail and three years of supervised release. However, he remains free on bail pending the outcome of his appeals.
Court of Appeals
Small appealed the district court's opinion to the United States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
. The appeals court upheld the district court's ruling in a relatively short opinion, stating that the district court properly determined the fairness of the Japanese court's proceedings as well as the opinion that "any court" applies to both foreign and domestic courts.
Interestingly, the appeals court did not acknowledge in its opinion a split among circuit courts. In the past 18 years, there have been four other cases on the same question. In the 1980s, the Fourth
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
and Sixth Circuits
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
held that foreign convictions could serve as predicate offenses under Section 922. More recently, the Tenth
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
and Second Circuits
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
have ruled that the term "any court" refers only to U.S. courts.
Following the opinion, Small filed for an en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
hearing of the case, which was denied.
Supreme Court
On 17 November 2003, Small filed a Petition for CertiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The government did not oppose, citing an interest in "being able to apply a uniform national rule in regulating or giving advice to persons with foreign convictions who seek to become licensed firearm importers, manufacturers, or dealers, or who seek to possess firearms." On 29 March 2004, the Court granted Certiorari, agreeing to hear the case.
Oral arguments were presented on 3 November 2004. The Supreme court ruled on April 26, 2005, in favor of Small, in a decision written by Justice Breyer, joined by justices Ginsburg, Stevens, O'Connor, and Souter. Justice Thomas, joined by justices Scalia and Kennedy dissented. The majority opinion emphasised anomalies resulting from a reading of "any court" to include foreign courts. The dissent insisted on a literal interpretation of the word "any" and argued that applying the law to foreign convictions was not irrational enough to rebut the usual meaning of the word "any".
Possible ancillary effects
One interesting aspect of this case is the potential to affect a minor section of the USA PATRIOT ActUSA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
. As the government notes in its response to the request for Certiorari:
- Finally, Congress's recent enactment of other legislation that predicates criminal liability on convictions entered "in any court" suggests that definitive guidance by this Court would be of value at this time. See 18 U.S.C. 175b(d)(2)(B) (prohibition on possession of biological weapons), added by Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, Title VIII, § 817(2), 115 Stat. 386 (Oct. 26, 2001).7
Related cases
- United States v. Winson 1986
- United States v. Atkins 1989
- United States v. Concha 2000
- United States v. Gayle 2003
See also
- Gun controlGun controlGun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
- Gun politics in the United StatesGun politics in the United StatesGun politics in the United States refers to an ongoing political and social debate regarding both the restriction and availability of firearms within the United States. It has long been among the most controversial and intractable issues in American politics...
- Second Amendment to the United States ConstitutionSecond Amendment to the United States ConstitutionThe Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
- List of United States Supreme Court cases, volume 544
- List of United States Supreme Court cases
External links
- Supreme Court decision
- [ Supreme Court Docket 03-750]
- Third Circuit opinion
- Supreme Court Grant of Certiorari
- FindLaw page for November 2004
- On the Docket: Small, Gary v. US by Laila Muhammad (article on the history of the case)