Supreme Court: Felons Can Sell Personal Firearms

By Tom Hudson

The Supreme Court of the United States ruled Monday on a case involving a former Border Patrol Agent that was convicted of drug charges and had his firearms confiscated. The defendant, Henderson, in the case wanted to sell his personal firearms and use the money. Lower courts ruled that this violated the law because felons are not allowed to possess firearms. The lower courts said that the defendant could not do so as this violated the law. The firearms would remain the property of the confiscating agency.

SCOTUS ruled 9-0 that this violated the defendant’s rights. While a convicted felon is still restricted from possessing firearms the court ruled that he should be allowed to sell these guns to someone who can legally own them and also to someone that will not give the convicted felon access to the guns in the future.

The lower courts ruled that in order to sell a firearm one must first possess it. SCOTUS disagrees. The lower court was basing their findings on “constructive possession,” meaning that even though the defendant did not have physical control over the guns, he could exert pressure and influence; therefore, he would still have possession, and …read more

Source:: Gun News