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Thread: SCOTUS Agrees To Take Case on Firearms vs. Property Rights

  1. #1
    Regular Member TFred's Avatar
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    SCOTUS Agrees To Take Case on Firearms vs. Property Rights

    Just found out about this case today from the article, but it appears to me this could be a significant case.

    I predict the gun-grabbers will inject all kinds of utterly false propaganda into this one, claiming that we are trying to put guns back into the hands of criminals.

    User has opined many times on these boards that gun "ownership" is completely different from gun "possession." It looks like this case will ultimately decide whether or not that is true.

    If they rule against the former gun-owner, how can any convicted felon ever own securities or mutual funds that are related to firearms or any weapons in general? Would they be forced to sell their stock in gun manufacturers? What about stocks in companies like Lockheed Martin, or Northrop Grumman, who manufacture weapon systems for the military? If ownership equals possession, why don't you need a background check to buy these securities? Sometimes it really astounds me how ridiculously stupid these gun-haters are.

    TFred

    Court weighs gun rights of felons

    [snip]

    It centers on Tony Henderson, a former U.S. Border Patrol agent who was charged with selling marijuana in 2006, and later convicted of a felony.

    Federal law prohibits felons from possessing firearms, and Henderson turned 15 personal weapons over to the FBI while his case was pending.

    Two years later, he submitted a bill of sale to the FBI, indicating that he had sold the guns to another man and asked the FBI to transfer them accordingly. The government refused, reasoning that doing so would amount to granting “constructive possession” of the guns to Henderson.

  2. #2
    Regular Member TFred's Avatar
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    More details will be coming from the SCOTUSBlog site, including their summary page:

    http://www.scotusblog.com/case-files...ited-states-2/

    Turns out there was another Henderson case just a couple years ago, so don't get them confused!

    TFred

  3. #3
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    Previous opinion from below, the 11CA

    PER CURIAM:
    Tony Henderson, a former federal prisoner and current convicted felon, appeals from the district court’s denial of his motion for return of property, namely, nineteen firearms that he voluntarily surrendered to the United States. After review of the parties’ briefs and the record, we affirm.

    Mr. Henderson, who was once a United States Border Patrol Agent, was charged with, among other crimes, the distribution of marijuana, in violation of 21 U.S.C. § 841(a)(1).
    On June 9, 2006, two days after he was arrested, Mr. Henderson voluntarily surrendered nineteen firearms to the Federal Bureau of Investigation. Though Mr. Henderson’s conditions of bond required him to surrender “law enforcement firearms and credentials,” D.E. 8 at 2, Mr. Henderson maintained that he surrendered the nineteen personal firearms to the FBI for “safekeeping as a condition of the bond” because “the judge felt that [he] was a suicide risk.” D.E. 182 at 11. Mr. Henderson eventually pled guilty to the narcotics charge, and he became a convicted felon upon his adjudication of guilt on December 6, 2007.

    http://sblog.s3.amazonaws.com/wp-con...h-12-14628.pdf
    I am responsible for my writing, not your understanding of it.

  4. #4
    Campaign Veteran skidmark's Avatar
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    Just wondering - will this go 2A or 5A?

    Others who were prohibited from possessing firearms have nominated a FFL to act as their agent in disposing of their firearms, without incurring the wrath of ATF or FBI or local LEA. Wonder why the FBI would not let him do that?

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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  5. #5
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    who would give their guns to the gov't? you know you will never get them back.

    SCOTUS will rubber stamp this one ..

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