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.
Thanks WorldNetDaily.
1 comment:
Actually, I think it's a good sign that they're allowing Congress to clarify the language. Far too many Supreme Court decisions are beyond the power of elected representatives to correct.
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