criminal conviction outside the united states question?
if i was convited of a felony in another nation, does that effect me and my rights here in the US?
I don't think so...but don't ever place yourself in that position.
Watch the movie "Midnight Express", then you decide.
I'm pretty sure that it does. IIRC, there was a guy around here who had a record from Japan that finally caught up with him here. He was busted for being a felon in possession. I'd talk to a lawyer that works on gun cases before taking any chances.
"The United States Supreme Court, Justice Breyer, held that “convicted in any court” element of federal felon-in-possession-of-firearm statute excludes convictions entered in foreign courts, abrogating United States v. Atkins, 872 F.2d 94, and United States v. Winson, 793 F.2d 754."
Small v. United States, 544 U.S. 385, 125 S. Ct. 1752, 161 L. Ed. 2d 651 (2005)
The 11th Cir has a somewhat varying opinion, but it may be confined to the facts:
"Charge of using and carrying a firearm during and in relation to a crime of violence could arise out of extraterritorial conduct in violation of the Torture Act; firearm statute was not limited to crimes committed in the United States, firearm statute was an ancillary statute that relied on the existence of a separate substantive crime, and the substantive crime of torture had extraterritorial effect. 18 U.S.C.A. §§ 924(c)(1)(A), 2340, 2340A."
This law is current via Westlaw as of the time of posting. This is not legal advice. The text is a synopsis and not directly from the language of the opinion.
Originally Posted By emsjeep:
"The United States Supreme Court, Justice Breyer, held that “convicted in any court” element of federal felon-in-possession-of-firearm statute excludes convictions entered in foreign courts, abrogating United States v. Atkins, 872 F.2d 94, and United States v. Winson, 793 F.2d 754."
Small v. United States, 544 U.S. 385, 125 S. Ct. 1752, 161 L. Ed. 2d 651 (2005)
The 11th Cir has a somewhat varying opinion, but it may be confined to the facts:
"Charge of using and carrying a firearm during and in relation to a crime of violence could arise out of extraterritorial conduct in violation of the Torture Act; firearm statute was not limited to crimes committed in the United States, firearm statute was an ancillary statute that relied on the existence of a separate substantive crime, and the substantive crime of torture had extraterritorial effect. 18 U.S.C.A. §§ 924(c)(1)(A), 2340, 2340A."
This law is current via Westlaw as of the time of posting. This is not legal advice. The text is a synopsis and not directly from the language of the opinion.
If you know, what 11th circuit case did you cite?
Originally Posted By JAD:
Originally Posted By emsjeep:
"The United States Supreme Court, Justice Breyer, held that “convicted in any court” element of federal felon-in-possession-of-firearm statute excludes convictions entered in foreign courts, abrogating United States v. Atkins, 872 F.2d 94, and United States v. Winson, 793 F.2d 754."
Small v. United States, 544 U.S. 385, 125 S. Ct. 1752, 161 L. Ed. 2d 651 (2005)
The 11th Cir has a somewhat varying opinion, but it may be confined to the facts:
"Charge of using and carrying a firearm during and in relation to a crime of violence could arise out of extraterritorial conduct in violation of the Torture Act; firearm statute was not limited to crimes committed in the United States, firearm statute was an ancillary statute that relied on the existence of a separate substantive crime, and the substantive crime of torture had extraterritorial effect. 18 U.S.C.A. §§ 924(c)(1)(A), 2340, 2340A."
This law is current via Westlaw as of the time of posting. This is not legal advice. The text is a synopsis and not directly from the language of the opinion.
If you know, what 11th circuit case did you cite?
oops. United States v. Belfast, 611 F.3d 783 (11th Cir. 2010) cert. denied, 131 S. Ct. 1511, 179 L. Ed. 2d 334 (U.S. 2011)
also, Puerto Rican convictions may be relevant: United States v. Laboy-Torres, 553 F.3d 715 (3d Cir. 2009)
Originally Posted By emsjeep:
Originally Posted By JAD:
Originally Posted By emsjeep:
"The United States Supreme Court, Justice Breyer, held that “convicted in any court” element of federal felon-in-possession-of-firearm statute excludes convictions entered in foreign courts, abrogating United States v. Atkins, 872 F.2d 94, and United States v. Winson, 793 F.2d 754."
Small v. United States, 544 U.S. 385, 125 S. Ct. 1752, 161 L. Ed. 2d 651 (2005)
The 11th Cir has a somewhat varying opinion, but it may be confined to the facts:
"Charge of using and carrying a firearm during and in relation to a crime of violence could arise out of extraterritorial conduct in violation of the Torture Act; firearm statute was not limited to crimes committed in the United States, firearm statute was an ancillary statute that relied on the existence of a separate substantive crime, and the substantive crime of torture had extraterritorial effect. 18 U.S.C.A. §§ 924(c)(1)(A), 2340, 2340A."
This law is current via Westlaw as of the time of posting. This is not legal advice. The text is a synopsis and not directly from the language of the opinion.
If you know, what 11th circuit case did you cite?
oops. United States v. Belfast, 611 F.3d 783 (11th Cir. 2010) cert. denied, 131 S. Ct. 1511, 179 L. Ed. 2d 334 (U.S. 2011)
also, Puerto Rican convictions may be relevant: United States v. Laboy-Torres, 553 F.3d 715 (3d Cir. 2009)
i am talking about non us territories...other nations...so is that a yes or no? not a felon, just asking..
Originally Posted By henrybowman20mm:
Originally Posted By emsjeep:
Originally Posted By JAD:
Originally Posted By emsjeep:
"The United States Supreme Court, Justice Breyer, held that “convicted in any court” element of federal felon-in-possession-of-firearm statute excludes convictions entered in foreign courts, abrogating United States v. Atkins, 872 F.2d 94, and United States v. Winson, 793 F.2d 754."
Small v. United States, 544 U.S. 385, 125 S. Ct. 1752, 161 L. Ed. 2d 651 (2005)
The 11th Cir has a somewhat varying opinion, but it may be confined to the facts:
"Charge of using and carrying a firearm during and in relation to a crime of violence could arise out of extraterritorial conduct in violation of the Torture Act; firearm statute was not limited to crimes committed in the United States, firearm statute was an ancillary statute that relied on the existence of a separate substantive crime, and the substantive crime of torture had extraterritorial effect. 18 U.S.C.A. §§ 924(c)(1)(A), 2340, 2340A."
This law is current via Westlaw as of the time of posting. This is not legal advice. The text is a synopsis and not directly from the language of the opinion.
If you know, what 11th circuit case did you cite?
oops. United States v. Belfast, 611 F.3d 783 (11th Cir. 2010) cert. denied, 131 S. Ct. 1511, 179 L. Ed. 2d 334 (U.S. 2011)
also, Puerto Rican convictions may be relevant: United States v. Laboy-Torres, 553 F.3d 715 (3d Cir. 2009)
i am talking about non us territories...other nations...so is that a yes or no? not a felon, just asking..
The best answer appears to be, mostly likely, no, it wouldn't matter, however, if you commit an egregious felony or war crime you might be in trouble under US law. There is also some suggestion that it may be relevant to determining ones status as a habitual offender. Again, without the specific offense (and even with one) it's a maybe game. If this situation applies to you, you should seek the advice of a local attorney who can complete a more thorough search.
Originally Posted By emsjeep:
Originally Posted By JAD:
Originally Posted By emsjeep:
"The United States Supreme Court, Justice Breyer, held that “convicted in any court” element of federal felon-in-possession-of-firearm statute excludes convictions entered in foreign courts, abrogating United States v. Atkins, 872 F.2d 94, and United States v. Winson, 793 F.2d 754."
Small v. United States, 544 U.S. 385, 125 S. Ct. 1752, 161 L. Ed. 2d 651 (2005)
The 11th Cir has a somewhat varying opinion, but it may be confined to the facts:
"Charge of using and carrying a firearm during and in relation to a crime of violence could arise out of extraterritorial conduct in violation of the Torture Act; firearm statute was not limited to crimes committed in the United States, firearm statute was an ancillary statute that relied on the existence of a separate substantive crime, and the substantive crime of torture had extraterritorial effect. 18 U.S.C.A. §§ 924(c)(1)(A), 2340, 2340A."
This law is current via Westlaw as of the time of posting. This is not legal advice. The text is a synopsis and not directly from the language of the opinion.
If you know, what 11th circuit case did you cite?
oops. United States v. Belfast, 611 F.3d 783 (11th Cir. 2010) cert. denied, 131 S. Ct. 1511, 179 L. Ed. 2d 334 (U.S. 2011)
also, Puerto Rican convictions may be relevant: United States v. Laboy-Torres, 553 F.3d 715 (3d Cir. 2009)
Thanks.
I downloaded the 11th Circuit Decision and the docket record from PACER. Looks like it will be an interesting, lengthy read. In case anybody is wondering who he is, Roy Belfast is Charles Taylor's (yes,
that Charles Taylor) son.
Originally Posted By JAD:
Originally Posted By emsjeep:
Originally Posted By JAD:
Originally Posted By emsjeep:
"The United States Supreme Court, Justice Breyer, held that “convicted in any court” element of federal felon-in-possession-of-firearm statute excludes convictions entered in foreign courts, abrogating United States v. Atkins, 872 F.2d 94, and United States v. Winson, 793 F.2d 754."
Small v. United States, 544 U.S. 385, 125 S. Ct. 1752, 161 L. Ed. 2d 651 (2005)
The 11th Cir has a somewhat varying opinion, but it may be confined to the facts:
"Charge of using and carrying a firearm during and in relation to a crime of violence could arise out of extraterritorial conduct in violation of the Torture Act; firearm statute was not limited to crimes committed in the United States, firearm statute was an ancillary statute that relied on the existence of a separate substantive crime, and the substantive crime of torture had extraterritorial effect. 18 U.S.C.A. §§ 924(c)(1)(A), 2340, 2340A."
This law is current via Westlaw as of the time of posting. This is not legal advice. The text is a synopsis and not directly from the language of the opinion.
If you know, what 11th circuit case did you cite?
oops. United States v. Belfast, 611 F.3d 783 (11th Cir. 2010) cert. denied, 131 S. Ct. 1511, 179 L. Ed. 2d 334 (U.S. 2011)
also, Puerto Rican convictions may be relevant: United States v. Laboy-Torres, 553 F.3d 715 (3d Cir. 2009)
Thanks.
I downloaded the 11th Circuit Decision and the docket record from PACER. Looks like it will be an interesting, lengthy read. In case anybody is wondering who he is, Roy Belfast is Charles Taylor's (yes,
that Charles Taylor) son.
wow...just wow
Originally Posted By henrybowman20mm:
if i was convited of a felony in another nation, does that effect me and my rights here in the US?
wrt firearms, Not since US vs Small a few years ago.
