Does a conviction in another country make you a Prohibited Person?

milktree

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For instance:

Say you're sentenced to 15 years hard labor "for stealing a propaganda poster" in North Korea, but after a year they let you come home to the US. (this really happened)

Would you be considered a Prohibited Person?
 
Would you have to disclose the charges in MA? You would have appeared as a defendent.

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Would you have to disclose the charges in MA? You would have appeared as a defendent.
The police will argue that failure to disclose is lying on the application.

Defense counsel will argue to the contrary.

I *KNOW* this has happened, but do not know how the court responded.
 
For instance:

Say you're sentenced to 15 years hard labor "for stealing a propaganda poster" in North Korea, but after a year they let you come home to the US. (this really happened)

Would you be considered a Prohibited Person?

I don't know if you are considered a prohibited person,but the moment you entered North Korea you went on the Government watch list.So the moment you go for a gun licence all the bells,and whistles will go off.
 
I don't know if you are considered a prohibited person,but the moment you entered North Korea you went on the Government watch list.So the moment you go for a gun licence all the bells,and whistles will go off.
Are you speculating or do you have definitive confirmation that the MA licensing system is tied into the watch list?
 
The answer is NO. 'Any court' is any US court. A court that is not subject to the US Constitution is not 'any court'.

I have a little (true) story about this.

Guy immigrants to the US, becomes a US Citizen. He applies for and is granted an LTC in Massachusetts. What he doesn't disclose on his LTC application is a conviction in his home country for a non-violent offense for which he could have served a multi-year jail term.

At some point he applies for a pardon in his country of origin. As part of the pardon process, the country of origin does a background check and contacts his local PD. When the PD finds out about the conviction, they suspend his LTC because 1) he's a prohibited person due to the prior conviction, 2) he was untruthful on his application, 3) he's unsuitable due to his prior conviction. His pardon is granted shortly afterwards.

He then appeals the suspension in district court (pro se no less) arguing that US v Small is controlling and that his foreign conviction is not a disqualification. The court rules that Supreme Court precedent is binding and overrules the PD with respect to the first two reasons. However, the court upholds the suspension based only upon the chief's determination of suitability.
 
Are you speculating or do you have definitive confirmation that the MA licensing system is tied into the watch list?

It's not that the system is tied to it,He is now tied to the system so everything he does is watched.
 
No. See Small v. US (SCOTUS 544 U.S. (385) 2005)

On the other hand, there is United States v. Bean.

Thomas Bean was an American FFL. After a gun show, he drove to Mexico but had failed to remove all ammunition from his vehicle. He was convicted of a felony charge of importing ammunition by a Mexican court.

In a unanimous opinion, SCOTUS ruled that he wasn't entitled to judicial relief because ATF's refusal to act didn't constitute a "denial".
 
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