Henderson v. United States
Issues
May a court order the government to transfer or sell firearms to a third party on behalf of a convicted felon, who may not possess firearms under 18 U.S.C. § 992(g)?
In this case, the Supreme Court of the United States will have the opportunity to resolve a circuit split and determine whether a convicted felon may request that the government transfer possession of a felon’s non-contraband firearms to a third party. Henderson, a convicted felon, requested that the FBI transfer possession of the firearms to a third party interested in purchasing the firearms. The FBI denied his request, asserting that convicted felons may not possess firearms and that a transfer to a third party would give Henderson constructive possession in violation of federal law. Henderson, however, argues that his inability to possess firearms under federal law does not terminate his entire ownership interest in non-contraband firearms. The Supreme Court’s ruling will implicate ownership rights of convicted felons’ non-contraband firearms.
Questions as Framed for the Court by the Parties
“The general rule is that seized property, other than contraband, should be returned to its rightful owner once * * * criminal proceedings have terminated.” Cooper v. City of Greenwood, 904 F.2d 302, 304 (5th Cir. 1990) (quoting United States v. Farrell, 606 F.2d 1341, 1343 (D.C. Cir. 1979) (quoting United States v. La Fatch, 565 F.2d 81, 83 (6th Cir. 1977))). 18 U.S.C. § 922(g), however, makes it “unlawful for any person * * * who has been convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year * * * to * * * possess * * * any firearm.”
The question presented is whether such a conviction prevents a court under Rule 41(g) of the Federal Rules of Criminal Procedure or under general equity principles from ordering that the government (1) transfer non-contraband firearms to an unrelated third party to whom the defendant has sold all his property interests or (2) sell the firearms for the benefit of the defendant. The Second, Fifth, and Seventh Circuits and the Montana Supreme Court all allow lower courts to order such transfers or sales; the Third, Sixth, Eighth and Eleventh Circuits, by contrast, bar them.
Petitioner Tony Henderson is a former Border Patrol Agent who was charged with distributing marijuana, a felony under 21 U.S.C. § 841(a)(1). See U.S. v. Henderson, 555 Fed. Appx. 851, 852 (11th Cir. 2014). He was arrested on June 7, 2006.
Edited by
Additional Resources
- Lawrence Hurley: Supreme Court To Decide Gun Ownership Case, Huffington Post (Oct. 20, 2014).