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 This material may not be published, broadcast, rewritten or redistributed.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

A fisherman watches smoke rise after Russian forces launched a missile attack on a military unit in...
Associated Press

Russia’s Black Sea Fleet headquarters hit by drone strike

An explosive device carried by a makeshift drone blew up Sunday at the headquarters of Russia's Black Sea Fleet on the Crimean Peninsula.
14 days ago
Medical syringes are seen with 'Monkeypox' sign displayed on a screen in the backgound in this illu...
Associated Press

Monkeypox declared a global emergency by UN health agency

The expanding monkeypox outbreak in more than 70 countries is an “extraordinary” situation that qualifies as a global emergency.
22 days ago
Chinese paramilitary policemen march in front of the Japanese embassy where the Japanese flag is fl...
Associated Press

Japan’s ex-leader Shinzo Abe assassinated during a speech

TOKYO (AP) — Former Prime Minister Shinzo Abe was assassinated Friday on a street in western Japan by a gunman who opened fire on him from behind as he delivered a campaign speech — an attack that stunned a nation with some of the strictest gun control laws anywhere. The 67-year-old Abe, who was Japan’s […]
1 month ago
Firefighters hose down a burning car after a strike hit a residential area, in Kramatorsk, Donetsk ...
Associated Press

Russia taking ‘operational pause’ in Ukraine, analysts say

Analysts say Russia may be taking an "operational pause" in eastern Ukraine to reassemble forces for a significant offensive.
1 month ago
Prime Minister Boris Johnson enters 10 Downing Street, after reading a statement in London, Thursda...
Associated Press

One scandal too many: British PM Boris Johnson resigns

LONDON (AP) — Prime Minister Boris Johnson announced his resignation Thursday after droves of top government officials quit over the latest scandal to engulf him, marking an end to three tumultuous years in which he tried to bluster his way through one ethical lapse after another. Months of defiance ended almost with a shrug as […]
1 month ago
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 […]
2 months ago

Sponsored Articles

...
Day & Night Air Conditioning, Heating and Plumbing

Ways to prevent clogged drains and what to do if you’re too late

While there are a variety of ways to prevent clogged drains, it's equally as important to know what to do when you're already too late.
...
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.
...
CANVAS ANNUITY

Best retirement savings rates hit 4.30%

Maximize your retirement savings with guaranteed fixed rates up to 4.30%. Did you know there is a financial product that can give you great interest rates as you build your retirement savings and provide you with a paycheck for life once you retire? It might sound too good to be true but it is not; this product is called an annuity.
Supreme Court says convicted felons can sell their guns