Author Topic: Unanimous Supreme Court Ruling: A prohibited person CAN sell his guns.  (Read 3218 times)

0 Members and 1 Guest are viewing this topic.

Offline CitizensHaveRights

  • Posts: 1056
  • First Name (Displayed): Mitch
Here's one from the department of the obvious: If you own something you can sell it. If government suddenly prohibits YOU from owning it, but most everybody else can still own it, then you can still sell it to get rid of it.

What I can't figure out is how the lower courts got this one backwards, when all nine SCOTUS members got it right.

http://www.theblaze.com/stories/2015/05/18/supreme-court-makes-major-gun-ruling/

WASHINGTON (AP) — 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. -What they were asking for in the bolded sentence, isn't that called Prior Restraint? "We can't let you do something legal, because you might do something illegal later"
« Last Edit: May 19, 2015, 07:04:30 AM by CitizensHaveRights »
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

  • Administrator
  • *****
  • Posts: 4037
  • First Name (Displayed): Dan
Stupid excuse.  There's nothing from stopping his wife from buying guns, anyway.  Some people are idiots.

Offline linux203

  • MOC Member
  • *
  • Posts: 706
  • First Name (Displayed): Daniel
I don't own my firearms, a trust does.  In the unfortunate scenario of becoming a prohibited person, the Successor Trustee clause immediately kicks in.

When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline CitizensHaveRights

  • Posts: 1056
  • First Name (Displayed): Mitch
I don't own my firearms, a trust does.  In the unfortunate scenario of becoming a prohibited person, the Successor Trustee clause immediately kicks in.

The trust owns everything, or just the stuff required by law to be registered?

Which brings to mind the next question, how does a trust buy a handgun in MI?
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline linux203

  • MOC Member
  • *
  • Posts: 706
  • First Name (Displayed): Daniel
All. The trust doesn't, a trustee purchases it in accordance with MCL 28.422 or MCL 28.422a. For possession, MCL 28.432 in addition to the others applies. So you have to be the original purchaser, or have a CPL to possess the pistol assets in the trust.

Because my SBR is technically still a pistol in Michigan (OAL <26"), same laws apply.
When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline CitizensHaveRights

  • Posts: 1056
  • First Name (Displayed): Mitch
Great misleading headline you've got there. <sigh>

SCOTUS Expands Gun Rights For Felons

The Supreme Court expanded gun rights for felons Friday by allowing them to keep the proceeds from their sold firearms after they are seized by the government.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?