Small V. United States - Supreme Court

Supreme Court

On 17 November 2003, Small filed a Petition for Certiorari 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".