Posted May 19, 2015 2:00 pm by Comments

By Johannes Paulsen

In a unanimous decision drafted by Justice Elena Kagan, the Supreme Court ruled Monday in the matter of Henderson v. United States that federal law does not bar a convicted felon from transferring his firearms to a third party, provided that the court is satisfied that the recipient won’t allow the prohibited person to use them or direct their use . . .

Tony Henderson was an agent with the U.S. Border Patrol who had been charged with distributing marijuana. As a condition of bail, Henderson was required to surrender possession of his firearms to the Federal Bureau of Investigation. Shortly thereafter, Henderson pleaded guilty and as a result became prohibited from possessing firearms under 18 U.S.C. § 922(g).

Henderson asked the FBI to transfer those firearms to Robert Rosier, a friend who had agreed to buy the firearms. The FBI refused, stating that the release of firearms to to Rosier would effectively place Henderson in constructive possession of the guns, thus violating § 922(g). (By “constructive possession“, the Fibbies meant that they believed Henderson would still be able to control or access the firearms even though legally title to the heaters would belong to Rosier.)

Undaunted, …read more

Source:: Truth About Guns

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