Background
In December 1992, Gary Sherwood Small was arrested for an apparent (and disputed) attempt to recover a water heater from Naha Airport 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 paroled 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 ยง 922(g)(1), which makes it unlawful:
- (g) . . . 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.
Read more about this topic: Small V. United States
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