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Law of the Land Court OKs guns for overseas convicts
World Net Daily ^ | April 26, 2005

Posted on 04/27/2005 4:35:29 AM PDT by Mikey

In a 5-3 decision, the U.S. Supreme Court today ruled people convicted of crimes overseas can own guns in the United States.

U.S. law bars felons who have been convicted in "any court" from owning guns, but Justice Stephen G. Breyer, writing for the majority, reasoned the law should not apply to foreign convictions because courts abroad often have fewer procedural protections for defendants.

Breyer was joined by Justices John Paul Stevens, Sandra Day O'Connor, David H. Souter and Ruth Bader Ginsburg.

He wrote, "We have no reason to believe that Congress considered the added enforcement advantages flowing from inclusion of foreign crimes, weighing them against, say, the potential unfairness of preventing those with inapt foreign convictions from possessing guns."

Breyer argued that Congress can rewrite the law if it intended foreign convictions to apply.

Justice Clarence Thomas, joined by Justices Antonin Scalia and Anthony Kennedy, argued in dissent that Congress was literal in its intent that "any" court conviction applied.

"Read naturally, the word 'any' has an expansive meaning, that is, 'one or some indiscriminately of whatever kind,'" Thomas said.

The case was heard in November when Chief Justice William H. Rehnquist was undergoing treatment for thyroid cancer.

The court ruled in favor of Gary Sherwood Small of Pennsylvania, who was indicted in 2000 for lying on a federal form when he bought a handgun. Only days after he was paroled from a Japanese prison for violating weapons laws, he answered "no" to the felony conviction question.

Thomas wrote: "After today's ruling, the only way for Congress to ensure that courts will construe a law to refer to foreign facts or entities is to describe those facts of entities specifically as foreign. If this is not a special burden of specificity, I am not sure what is," Thomas wrote.

The court had been asked by the Bush administration to apply the law to people convicted in foreign countries.


TOPICS: Crime/Corruption; Foreign Affairs; Government
KEYWORDS: 65279; hypocrisy; secondamendment; stupidpoliticians
"...Justice Stephen G. Breyer, writing for the majority, reasoned the law should not apply to foreign convictions..."

This is pure stupidity.

1 posted on 04/27/2005 4:35:30 AM PDT by Mikey
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To: Mikey

I guess we found the hired guns for the LIEberals.


2 posted on 04/27/2005 4:37:32 AM PDT by steveegg (Bring back Hoosier, Firestone; SOMEBODY to get Badyear off their duffs and make a good tire.)
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To: Mikey

Pure stupidity.

Some people do not know what "is" is. Now those same people do not understand how many are "any."


3 posted on 04/27/2005 4:44:11 AM PDT by MindBender26 (Having my own CAR-15 meant never having to say I was sorry......)
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To: Mikey

When I was in Nigeria, you could have almost anyone jailed (as long as they weren't an 'important' person) for about $200US. Unless they counter-bribed, in which case you'd be out of your $200 and out of luck.


4 posted on 04/27/2005 4:44:16 AM PDT by seacapn
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To: Mikey

Interesting that the liberal judges came out in favor of more gun rights don't you think?


5 posted on 04/27/2005 4:50:38 AM PDT by Arkie2
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To: Mikey

These people are bording on a jackass alert.


6 posted on 04/27/2005 5:01:41 AM PDT by conservativecorner
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To: Arkie2
I don't see this so much as coming out "for gun rights". I see this as coming out for undermining written US law.

If the law specified "any court" then the meaning is clear. If the simple meaning results in something that seems stupid -- change the law. But the law is the law. Unless, of course, the Supreme Courts wants to push the idea that the law doesn't matter -- perhaps the only thing that matters is the opinion of the Men In Black. They rule us now. This ruling is an important part of that.

7 posted on 04/27/2005 5:03:27 AM PDT by ClearCase_guy (The fourth estate is a fifth column.)
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To: Mikey

This was posted yesterday. Both the decision and the dissent focused narrowly on semantics and whether in the context of the bill "any" could apply to foreign courts.

The liberals made the right decision for the wrong reason and the conservatives came to the wrong conclusion, also for the wrong reason. Both sides ignored the Constitution, but rest assured the decision was proper even if the reasoning was flawed.


8 posted on 04/27/2005 5:05:52 AM PDT by Turbopilot (Viva la Reagan Revolucion!)
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To: Mikey; Carl/NewsMax
Law of the Land Court OKs guns for overseas convicts

Carl! Bad headline. Made it sound like guns were being given to Turkish opium runners. How about "Supreme Court allows firearms for US citizens convicted overseas"?

9 posted on 04/27/2005 5:05:54 AM PDT by Lazamataz (Not Elected Pope Since 4/19/2005.)
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Comment #10 Removed by Moderator

To: Mikey

***This is pure stupidity.***

Careful, now. What this seems to mean is if you are busted for acidently carrying a .22 shell into Mexico and end up in a mexican jail, you can still have your gun rights restored in the US.


11 posted on 04/27/2005 5:06:46 AM PDT by Ruy Dias de Bivar
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To: ClearCase_guy

Actually, I think this is a good ruling. Foreign courts don't have the same protections as US courts. If you were convicted in a Saudi court would you want your rights abridged in the US? Having said that, all Congress has to do is go back and make the law more specific.


12 posted on 04/27/2005 5:10:57 AM PDT by Arkie2
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To: Mikey
What I find paradoxical is that this is the same 'Gang of Five' that believe they SHOULD look to foreign courts and laws when contemplating an issue before them.

Sure wish they'd make my mind up.

/s

13 posted on 04/27/2005 5:56:40 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: Condor51
I stand by my belief that the Supreme Court wants to rule by their own personal opinion.

If the Constitution supports what they believe, the Constitution is their guidepost.
If foreign courts support what they believe, then foreign courts are their guideposts.
If foreign courts differ from what they believe, then foreign courts should be ignored.

I see consistency here. And it bothers me.

14 posted on 04/27/2005 6:00:16 AM PDT by ClearCase_guy (The fourth estate is a fifth column.)
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To: Lazamataz
How about "Supreme Court allows firearms for US citizens convicted overseas"? ---

That's the way I read it too-thinking about the guy who was convicted in Mexico of possession of shotgun shells or something--

15 posted on 04/27/2005 6:58:52 AM PDT by rellimpank (urbanites don' t understand the cultural deprivation of not being raised on a farm:NRABenefactor)
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To: Mikey
The commission of crimes overseas isn't much of a factor
in the Bush administrations insistence of allowing illegals to invade America..or from staying here as long as they like.

Come to think of it the very act of invasion is illegal...and given the events of 09-11 should be upgraded to a felony

Jimmy Carter and the Dems had no problem with Castro dumping his criminally insane on American shores and paying them out of Social Security..for that matter neither did many Republicans in the Congress and Senate.

Hopefully now ...that poor Texan who crossed over the border
to get some dental work done and was arrested on the Mexican side for having some 22 bullets in his pickup truck (he served time in a Mexican prison for a 'felony')

Will finally be allowed his God given right to own a firearm
again (Uncle Sam said that since he was convicted in Mexico he lost his rights here in America...even though Sam said the charge was bogus)

(I probably don't have all the details correct but the gist of the story is true)

16 posted on 04/27/2005 7:05:44 AM PDT by joesnuffy (The generation that survived the depression and won WW2 proved poverty does not cause crime)
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To: Mikey
This is pure stupidity.

Because the US Judicial System should validate rulings of Sharia Law.

17 posted on 04/27/2005 7:13:12 AM PDT by Oztrich Boy (When guns are outlawed, only cops will have guns.)
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