Supreme Court Says Convicted Felons Can Sell Their Guns
Source: ABC News
A unanimous Supreme Court says 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 ruled Monday in favor of Tony Henderson, a former U.S. Border Patrol agent arrested and charged with distributing marijuana. He had turned over his collection of 19 firearms to the FBI as a condition of his release.
After pleading guilty, Henderson wanted to sell the weapons to a friend or transfer them to his wife. But lower courts said allowing him to sell them would technically give Henderson possession in violation of the law.
The high court said letting a convicted felon transfer possession is permitted as long as the felon has no control over the weapons.
Read more: http://abcnews.go.com/Politics/wireStory/supreme-court-convicted-felons-sell-guns-31121570
yeoman6987
(14,449 posts)ColesCountyDem
(6,944 posts)Since Heller recognized the right to keep and bear arms to be an individual right, forbidding non-violent offenders from possessing firearms serves no logical purpose.
heaven05
(18,124 posts)and Supremes, geez
cosmicone
(11,014 posts)It can be corrected by making surrender and destruction of the weapons a part of the plea bargain arrangements. Then they have already lost title as a part of the plea bargain than just transferring possession.
JimDandy
(7,318 posts)Police profiting off of their confiscation of property is outrageous as it is, cause, you know, the property is guilty.
MosheFeingold
(3,051 posts)I am beginning to see cracks in lawfare for profit. While concur re: guns, property is property.
It's one of the few areas where left and right agree, albeit for different reasons.
Recursion
(56,582 posts)Am I missing something here?
We would *like* convicted felons to get rid of their guns, yeah?
melm00se
(5,147 posts)who want no private ownership of firearms and a felon selling them does nothing to further than agenda.
a 9-0 decision is a pretty clear indication that court agrees that further punishment, in this case financial punishment by seizing assets clearly violates the Constitution.
NutmegYankee
(16,471 posts)This case messed with their fascist world view.
geek tragedy
(68,868 posts)project_bluebook
(411 posts)how easy it is to become a felon in a fascist country where putting people in prison is a very lucrative business.
Hawaii Hiker
(3,168 posts)At least in some states anyway...
Recursion
(56,582 posts)Or am I missing something?
WestSideStory
(91 posts)onehandle
(51,122 posts)hack89
(39,181 posts)NutmegYankee
(16,471 posts)Seems a clear property case in accordance with the 5th and 14th amendments.
