Gary Small Case

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Russ Siadatian L201 11:15AM 4/20/2014 Small v. US 1. Case Name; Court (year) a. Gary Small v. United States; Supreme Court of the United States (2005) 2. Issue(s) a. Does the U.S. courts have the right to refuse Gary Small of his right to bear arms on the grounds that his conviction in a foreign court still applies to the law “it is unlawful for any person… who has been convicted in any court…. to possess a firearm”? Does the word any apply to foreign courts as well? 3. Holding (vote) a. No (4-0) 4. Facts: a. Substantive i. Gary Small attempted to smuggle several pistols, a rifle, and ammunition into Japan, and was caught. He was sentenced to 5 years in Japanese prison, and upon his release, he returned to the U.S. After his return, he purchased a pistol from a gun dealer, and subsequently charged under the “unlawful gun possession” b. Procedural i. Upon Small’s arrest, he pleaded guilty while reserving his right to challenge the conviction on the grounds that his foreign conviction does not apply for the ”unlawful gun possession” statute. The Federal District Court, and Court of ...

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