Henderson v. United States
Headline: Ruling lets courts transfer seized guns from convicted felons to other people or dealers unless the transfer would leave the felon able to control or use the weapons.
Holding: The Court held that the federal ban on felon possession does not categorically forbid court-ordered transfers of seized guns, unless the transfer would let the felon retain control or the ability to use or direct their use.
- Allows judges to approve sales through independent licensed gun dealers.
- Permits transfers to third parties who keep guns away from the felon.
- Requires courts to assess whether a felon could still control or use the guns.
Summary
Background
Tony Henderson, a former U.S. Border Patrol agent, pleaded guilty to a felony drug charge and had his privately owned guns taken by the FBI after a judge ordered them surrendered. After he served his sentence, Henderson asked the FBI to transfer the guns to a friend who would buy them or to his wife. The FBI and the lower courts refused, saying that any transfer would amount to "constructive possession" and violate the federal law that makes it illegal for felons to possess firearms.
Reasoning
The Court addressed whether the federal ban on felon possession prevents a court from approving transfers of seized guns to other people. The Justices explained that the law forbids both actual possession (holding a gun) and constructive possession (having the power to control a gun through others). But the law does not forbid a felon from selling or giving away property if the felon cannot later use or control it. So a court may approve a transfer if it ensures the felon will not be able to use the guns or direct their use. The opinion gave examples: courts may generally allow sales through independent licensed dealers, and they may approve transfers to third parties who promise and demonstrate they will keep the guns away from the felon.
Real world impact
The decision means judges and law enforcement can approve some transfers of seized firearms after a felony conviction, as long as the transfer actually prevents the felon from controlling or using the guns. It remands Henderson’s case for the lower court to apply this test and decide whether his proposed transfer is permissible.
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