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By Charles Montaldo, About.com Guide to Crime / Punishment since 2004

Supreme Court to Decide Gun Control Law

Thursday November 4, 2004
The U.S. Supreme Court heard oral arguments in a case that will decide whether people convicted of a crime in another country can be barred from owning guns in the United States.

Current law forbids most felons from owning guns. The federal law says firearm ownership is illegal for anyone convicted of a felony in "any court." At question in the current case is whether Congress intended "any court" to refer to foreign courts as well as U.S. courts.

U.S. Attorney Patricia Millett told the justices that the Supreme court had always given the word "any" a broad definition in order to promote gun safety, but Justice Ruth Bader Ginsburg responded, "When Congress legislates, it usually is thinking only about the United States."

The case before the court is Small v. United States and involves a Pennsylvania man who was convicted of a weapons violation in Japan, but answered "no" on a federal form when buying a firearm in the U.S. in 1998.

Small's attorney argued that the law does not apply to foreign crimes. He said other sections of the statute, which creates exceptions for antitrust and trade violations, refers specifically to U.S. convictions.

See A report: High Court Ponders Gun Control Law

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