Michigan Open Carry, Inc.
General Category => Latest News Stories => Topic started by: CitizensHaveRights on May 18, 2015, 09:09:46 PM
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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"
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Stupid excuse. There's nothing from stopping his wife from buying guns, anyway. Some people are idiots.
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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.
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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?
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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.
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Great misleading headline you've got there. <sigh>
SCOTUS Expands Gun Rights For Felons (http://dailycaller.com/2015/05/19/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.