A unanimous Supreme Court ruled Monday that 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 sided with Tony Henderson, a former U.S. Border Patrol agent who agreed to turn over his collection of 19 firearms to the FBI as a condition of release after he was arrested and charged with distributing marijuana.
After he pleaded guilty, Henderson wanted to sell the weapons valued at more than $3,500 to a friend, or transfer them to his wife. But lower courts found that doing so would technically give Henderson possession of the weapons in violation of the law. Prosecutors also said they were concerned that Henderson's friend or wife might give him access to the weapons.
More @ Earthlink
Good ruling. So the Friend or Spouse of a convicted felon also has no rights to possess weapons. Good to know. I need to chack my friend's backgrounds more carefully before I accept their friendship. Does this apply to Facebook friends too? Is there some sort of friendship test the courts want to impose so they can tell the difference between a friends who would illegally lend you a gun and one who would just help you hide the body?
ReplyDeleteStupid judges. At least he got the part about the property having value right
Is there some sort of friendship test the courts want to impose so they can tell the difference between a friends who would illegally lend you a gun and one who would just help you hide the body?
DeleteHa! :)
Problem with the ruling is: The only "trustworthy" buyer would have to be a LEO or FLEA or a pre-approved "agency" and since "THEY" will be the only "legal" buyer "they" will set the price and final disposal of the "illegal weapon" . I urge y'all to READ the ruling. It really isn't good at all.---Ray
ReplyDeleteOne way to ensure that result is to order that the guns be turned over
Deleteto a firearms dealer, himself independent of the felon’s control, for subsequent sale on the open market. But that is not the only option; a court, with proper assurances from the recipient, may also grant a felon’s request to transfer his
guns to a person who expects to maintain custody of them. Either way, once a court is satisfied that the transferee will not allow the felon to exert any influence over the firearms, the court has equitable power to accommodate the felon’s transfer request. Pp. 3–8.
Above doesn't sound like it.