Supreme Court says convicted felons can sell their guns

May 18, 2015, 8:00 AM

WASHINGTON (AP) — A unanimous Supreme Court ruled Monday that the government can’t prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities.

The justices sided with Tony Henderson, a former U.S. Border Patrol agent who agreed to turn over his collection of 19 firearms to the FBI as a condition of release after he was arrested and charged with distributing marijuana.

After he pleaded guilty, Henderson wanted to sell the weapons valued at more than $3,500 to a friend, or transfer them to his wife. But lower courts found that doing so would technically give Henderson possession of the weapons in violation of the law. Prosecutors also said they were concerned that Henderson’s friend or wife might give him access to the weapons.

Writing for the court, Justice Elena Kagan said letting a convicted felon sell or transfer guns is allowed as long as a court is satisfied that the person getting the weapons won’t give the felon control over them.

“A felon cannot evade the strictures of (the law) by arranging a sham transfer that leaves him in effective control of his guns,” Kagan said.

Kagan said the district court could have ordered the guns turned over to a federally-licensed firearms dealer, who would sell them with proceeds going to Henderson. She said the lower court also could allow Henderson to transfer the guns to another person who will not allow him “to exert any influence over their use.”

She said the government’s reading of the law goes too far in saying Henderson would illegally “possess” the weapons just by being allowed to sell them.

The case had drawn the attention of gun-rights groups, including the National Rifle Association, which argued that the government’s attempt to prohibit any sale or transfer prevents law-abiding citizens who want to buy the guns from doing so.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

World News

Ukrainian servicemen carry the coffin with the remains of Army Col. Oleksander Makhachek during a f...
Associated Press

As Ukraine loses troops, how long can it keep up the fight?

ZHYTOMYR (AP) — As soon as they had finished burying a veteran colonel killed by Russian shelling, the cemetery workers readied the next hole. Inevitably, given how quickly death is felling Ukrainian troops on the front lines, the empty grave won’t stay that way for long. Col. Oleksandr Makhachek left behind a widow, Elena, and […]
30 days ago
(Instagram photo/@Clayton.Wolfe)...
Wills Rice

Arizona realtor announces new listing on ‘the top-floor’ of Mount Everest

Arizona realtor Clayton Wolfe scaled the treacherous 29,035-foot heights of Mount Everest in Nepal and announced a new listing at the summit.
1 month ago
(Photo by: Jonathan Wiggs/Boston Globe/Getty Images)...
Associated Press

‘Tiger King’ star ‘Doc’ Antle arrested for money laundering charges

“Tiger King” star “Doc” Antle was arrested by the FBI and expected to appear in court Monday to face federal money laundering charges.
1 month ago
(AP Photo/Ross D. Franklin)...
Associated Press

Arizona Gov. Doug Ducey in Israel for talks with political and business leaders

Arizona Gov. Doug Ducey is in Israel for five days of talks with political and business leaders of the Middle Eastern country.
1 month ago
A man rides a bicycle in front of a building ruined by shelling in Borodyanka, on the outskirts of ...
Associated Press

Russia takes steps to bolster army, tighten grip on Ukraine

KYIV, Ukraine (AP) — Russian President Vladimir Putin issued an order Wednesday to fast track Russian citizenship for residents of parts of southern Ukraine largely held by his forces, while lawmakers in Moscow passed a bill to strengthen the stretched Russian army. Putin’s decree applying to the Kherson and Zaporizhzhia regions could allow Russia to […]
1 month ago
FILE - McDonald's restaurant is seen in the center of Dmitrov, a Russian town 75 km., (47 miles) no...
Associated Press

De-Arching: McDonald’s to sell Russia business, exit country

McDonald’s is closing its doors in Russia, ending an era of optimism and increasing the country’s isolation over its war in Ukraine. The Chicago burger giant confirmed Monday that it is selling its 850 restaurants in Russia. McDonald’s said it will seek a buyer who will employ its 62,000 workers in Russia, and will continue […]
2 months ago

Sponsored Articles

...
Dr. Richard Carmona

Great news: Children under 5 can now get COVID-19 vaccine

After more than two years of battle with an invisible killer, we can now vaccinate the youngest among us against COVID-19. This is great news.
...
Carla Berg, MHS, Deputy Director, Public Health Services, Arizona Department of Health Services

Vaccines are safe if you are pregnant or breastfeeding

Are you pregnant? Do you have a friend or loved one who’s expecting?
...
Christina O’Haver

BE FAST to spot a stroke

Every 40 seconds—that’s how often someone has a stroke in the United States. It’s the fifth leading cause of death among Americans, with someone dying of a stroke every 3.5 minutes.
Supreme Court says convicted felons can sell their guns