§ 922(g)(1),[2] which makes it illegal to possess a firearm for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison.

In December 1992, Gary Sherwood Small was arrested for an apparent (and disputed) attempt to recover a water heater from Naha Airport in Okinawa, Japan.

On 2 June 1998, shortly after his Japanese parole ended, Small purchased a handgun from the Delmont Sport Shop, a firearms dealer in the community where he resided.

During the purchase process, Small filled out a form required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

According to the government, because Small had been convicted in Japan in 1994, when he purchased the handgun at the Delmont Sport Shop he violated Title 18 United States Code § 922(g)(1), which makes it unlawful: On 30 August 2000, a federal grand jury in the United States District Court for the Western District of Pennsylvania indicted Small on four counts: Upon his indictment, Small filed to have the case dismissed, arguing that foreign convictions should not count as a predicate offense under Section 922 because the statement "any court" within the statute was meant for U.S. convictions only.

[3] Small also argued that his Japanese offense should not count because he did not receive certain basic civil rights protections during his trial in Japan.

Small requested that the district court hold an evidentiary hearing so that he could testify about the fairness of his conviction in Japan.

On 14 March 2002, Small conditionally pleaded guilty to one count of possession of a firearm by a convicted felon, for which he was sentenced to eight months in jail and three years of supervised release.