Foreign conviction - felony equivalent

[free]

If you have a criminal conviction in another country that would be a bar to gun ownership if it happened in the U.S., does it "count" as far as the forms and laws in the U.S. go?

For example...that basketball player that got a 9 year or whatever sentence in Russia...is she now barred from owning a gun in the U.S., as a convicted (by a foreign court) felon? Or does she get a pass because it happened overseas?

I'm just curious.

[John_Wick]

They have the right and ability to do so, but I don't know if they actually do.

[tl_3237]

If you have a criminal conviction in another country that would be a bar to gun ownership if it happened in the U.S., does it "count" as far as the forms and laws in the U.S. go?

For example...that basketball player that got a 9 year or whatever sentence in Russia...is she now barred from owning a gun in the U.S., as a convicted (by a foreign court) felon? Or does she get a pass because it happened overseas?

I'm just curious.

27 CFR 478.11 Definitions

Crime punishable by imprisonment for a term exceeding 1 year.

Any Federal, State or foreign offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term shall not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices or (b) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for the purposes of the Act or this part, unless such pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, or unless the person is prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.

[free]

So, that seems pretty definitive. Thanks.

Also of note is this:

Any conviction which has been expunged or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for the purposes of the Act....

It would be interesting to know if the paperwork involving her "prisoner exchange" included some kind of expungement, set aside or pardon in Russia, as a condition of the exchange.

I don't really care - for some reason this question just popped into my head today.

[Noah_Zark]

So, that seems pretty definitive. Thanks.

Also of note is this:

It would be interesting to know if the paperwork involving her "prisoner exchange" included some kind of expungement, set aside or pardon in Russia, as a condition of the exchange.

I don't really care - for some reason this question just popped into my head today.

Won't matter; Joe can always grant her a pardon as he's leaving office (or at anytime) just because she is who she is.

Noah

[tl_3237]

Won't matter; Joe can always grant her a pardon as he's leaving office (or at anytime) just because she is who she is.

Noah

Presidential pardon limited to violations of US Federal law.

U.S. Const. Article II, Section 2, Clause 1:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

[Noah_Zark]

Presidential pardon limited to violations of US Federal law.

US law hasn't stopped Democrats yet.

(seriously, thanks for the correction)

Noah

[GunLawyer001]

The USSC weighed in on this in 2005; I haven't looked to see if Congress or subsequent cases changed it:


https://www.law.cornell.edu/supremecourt/text/544/385

[JenniferG]

Gunlawyer is going to have to clarify the ruling he posted. It says case reversed and remanded. Does that mean the USSC sent it back to the District Court for reconsideration or did it overturn the conviction? I truly am not a lawyer.

If it were the case about firearm possession after an equivalent Felony conviction in a foreign country then George Soros wouldn't be allowed to have armed guards with firearms in his house if he lives in the USA where he'd have access to a firearm. Soros is a convicted felon in France and is wanted fugitive from Justice in six countries including Russia and Hungary.

[Gman106]

The USSC weighed in on this in 2005; I haven't looked to see if Congress or subsequent cases changed it:


https://www.law.cornell.edu/supremecourt/text/544/385

From a laymen's perspective, this seems like unfair bullshit. So, any rinky-dink shithole country with a corrupt legal system and kangaroo courts can convict you - as an American, of any stupid thing they want and now you've lost your rights in America?