Henderson v. United States

Summarized by:

  • Court: U.S. Supreme Court Certiorari Granted
  • Area(s) of Law: Property Law
  • Date Filed: October 20, 2014
  • Case #: 13-1487
  • Judge(s)/Court Below: Court Below: 555 Fed. Appx. 851 (11th Cir. Fla. 2014)
  • Full Text Opinion

Whether federal prohibition of felons possessing firearms under 18 U.S.C. § 922(g) completely terminates an individual’s firearm ownership right when that individual is convicted of felony.

Petitioner is a former U.S. Border Patrol agent who was charged with marijuana distribution and other drug offenses under 21 U.S.C. § 841(a)(1). Upon his arrest, Petitioner surrendered nineteen firearms to the FBI. Petitioner then pled guilty to the charges and was convicted.

The FBI refused to return the firearms when Petitioner proposed to sell them to potential buyers in 2008 and 2009. Petitioner then moved in district court to transfer ownership to his wife. The magistrate judge, relying on 18 U.S.C. § 922(g), which prohibits convicted felons from possessing firearms, denied Petitioner’s motion.

Petitioner appealed and the Eleventh Circuit affirmed denial of Petitioner’s motion to transfer ownership. The United States Supreme Court granted certiorari to determine whether 18 U.S.C. § 922(g) terminates all ownership rights. The lower courts are divided on the issue.

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