years, there have been four other cases on the same question. In the 1980s, the Fourth and Sixth Circuits held that foreign convictions could serve as predicate offenses under Section 922. More recently, the Tenth and Second Circuits have ruled that the term "any court" refers only to U.S. courts. Following the opinion, Small filed for an en banc hearing of the case, which was denied. 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 Stevens, O'Connor, Souter and Ginsburg. 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". Possible ancillary effects One interesting aspect of this case is the potential to affect a minor section of the USA PATRIOT Act. As the government notes in its response to the request for Certiorari: Finally, Congress's recent enactment of other legislation that predicates criminal liability on convictions entered "in any court" suggests that definitive guidance by this Court would be of value at this time. See 18 U.S.C. 175b(d)(2)(B) (prohibition on possession of biological weapons), added by Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, Title VIII, § 817(2), 115 Stat. 386 (Oct. 26, 2001).7 Related cases United States v. Winson (1986) United States v. Atkins (1989) United States v. Concha (2000) United States v. Gayle (2003) See also List of United States Supreme Court cases, volume 544 List of United States Supreme Court cases References External links [ Supreme Court Docket 03-750] Third Circuit opinion Supreme Court Grant of Certiorari FindLaw