Henderson v. United States - 575 U.S. 622, 135 S. Ct. 1780 (2015)

Rule:

A court facing a motion to transfer a felon's firearms to a third party may approve the transfer of guns consistently with 18 U.S.C.S. § 922(g) if, but only if, that disposition prevents the felon from later exercising control over those weapons, so that he could either use them or tell someone else how to do so. One way to ensure that result is to order that the guns be turned over to a firearms dealer, himself independent of the felon’s control, for subsequent sale on the open market. Indeed, there is no reason, absent exceptional circumstances, to disapprove a felon’s motion for such a sale, whether or not he has picked the vendor. That option, however, is not the only one available under § 922(g). A court may also grant a felon’s request to transfer his guns to a person who expects to maintain custody of them, so long as the recipient will not allow the felon to exert any influence over their use. In considering such a motion, the court may properly seek certain assurances: for example, it may ask the proposed transferee to promise to keep the guns away from the felon, and to acknowledge that allowing him to use them would aid and abet a § 922(g) violation.

Facts:

After being charged with the felony offense of distributing marijuana, petitioner Tony Henderson, then a U.S. Border Patrol Agent, was required as a condition of his bail to turn over firearms that he lawfully owned. Henderson complied, and the Federal Bureau of Investigation (FBI) took custody of the guns. Soon afterward, Henderson pleaded guilty to the distribution charge; and as a felon, he was prohibited under 18 U. S. C. §922(g) from possessing his (or any other) firearms. Following his release from prison, Henderson asked the FBI to transfer the guns to his friend who agreed to purchase the same; however, the Bureau refused to do so, reasoning that the release of the firearms would amount to Henderson’s constructive possession, in violation of §922(g). Subsequently, Henderson filed a motion in Federal District Court seeking for an order directing the FBI to transfer the guns either to his wife or friend. The District Court denied the motion, concluding that Henderson could not transfer the firearms or receive money from their sale without constructively possessing the same in violation of §922(g). The Court of Appeals for the Eleventh Circuit affirmed. The U.S. Supreme Court granted certiorari.

Issue:

Could a court order the transfer of firearms owned by a felon from the FBI to a third-party without violating 18 U. S. C. §922(g)?

Answer:

Yes.

Conclusion:

The Court held that a court facing a motion to transfer a felon's firearms to a third party was allowed to approve the transfer of guns consistently with 18 U.S.C.S. § 922(g) if, but only if, that disposition prevented the felon from later exercising control over those weapons, so that he could either have used them or told someone else how to do so. When a court was satisfied that a felon would not retain control over his guns, 18 U.S.C.S. § 922(g) did not apply, and the court had equitable power to accommodate a felon’s request to transfer firearms to a third party. Since neither the District Court nor the Eleventh Circuit assessed Henderson’s motion for a transfer of his firearms in accord with the aforementioned principles, the Court vacated the judgment of the Court of Appeals and remanded the case for further proceedings.