Decision is a win for private property and the Second Amendment
Washington, DC -(Ammoland.com)- The U.S. Supreme Court yesterday decided Henderson v. United States — a case where Gun Owners of America and its foundation have been very active.
The Court’s unanimous (9-0) ruling further protects Second Amendment rights and erects a higher barrier against the confiscation of firearms. The case involved Tony Henderson, a former Border Patrol agent with a previous pot conviction. Because of his felony, the government tried to take his firearms collection, which totaled more than $3,500.
“In protecting an individual right to keep and bear arms, the Second Amendment secures a right of private property in those arms that are protected by the Amendment.” — GOA brief in Henderson v. United States, (p. 19)
Gun Owners of America went to bat for Mr. Henderson and argued he should be able to sell his guns, which at the time, were in the FBI’s possession.
After Henderson had been convicted on an unrelated marijuana conviction, he sold his ownership rights in the firearms to an unrelated third party who was legally eligible to possess the firearms. The third party asked the FBI to turn the guns over to the purchaser, but the FBI refused.
The government used a theory of “constructive possession” to claim that Mr. Henderson’s firearms could not be transferred, even to a third party, without violating the felon-in-possession ban. The trial court and the court of appeals agreed with this legal fiction, preventing Mr. Henderson from selling his firearms to the unrelated third party.
Thankfully, the U.S. Supreme Court unanimously sided in favor of Tony Henderson. The high Court held that the government’s “constructive possession” theory was unsustainable and inconsistent with the purpose of the statute, which is a position consistent with our amicus brief.
Our amicus brief (Section II) also argued that the government did not have a superior property interest in Mr. Henderson’s firearms. This is why, GOA said, the government could not use a forfeiture proceeding to take all of Mr. Henderson’s firearms.
As a “right protecting against both public and private violence,” GOA argued in its brief, it is an “essential principle” that the Second Amendment protect the right of private property in firearms — otherwise, tyrants would be free to “simply tak[e] away the people’s arms” on the basis of any pretext. (p. 20-21)
The court’s decision is a victory for private property rights, and helps to further erect a barrier against the confiscation of firearms.
The only constraint the Court imposed in this case was that a felon could not sell his collection to someone who later would allow him to control the firearms.
About Gun Owners of America (GOA)
Gun Owners of America (GOA) is a non-profit lobbying organization formed in 1975 to preserve and defend the Second Amendment rights of gun owners. GOA sees firearms ownership as a freedom issue. `The only no compromise gun lobby in Washington’ – Ron Paul.
Visit: www.gunowners.org to Join.
This 9-0 unanimous decision by the US Supreme Court is certainly unprecedented in this century; and, I’m quite happy that it favored Mr. Henderson and the Gun Owners of America. It’s about time that SCOTUS recognized the God-given Rights mentioned in the Declaration of Independence; that is, the Right to Life, Liberty and the Pursuit of Happiness, After all, these Rights are unalienable (God given) and cannot be either granted or taken away by government.
Thank you, GOA, for going to bat for this individual (and, in essence, all law-abiding gun owners) and fighting for him till victory was achieved,
This is not only good for Americans it is good for everybody. It sets a precedent as I see it. The right to self defense and to have property and possessions acquired by production, trade and by gift or inheritance is a human right.
Human includes non Jewish people of any race. Government must be restrained.
They should have gone after illegal laws prohibiting a citizens right to own guns due to a non-violent crime, even a non-violent felony.
The Marijuana crime is just a scam. Alcohol is 10 times worse and causes more violent crimes- period! Drunks can own guns, but not happy joint smokers?
We are being played like idiots.
Puerto Rico is US territory (STATE) commonwealth , yet here Gun ownership is a PAY for privilege …
US constitution is not valid ? then why federal law is law of the land ? hypocrisy at its highest level , last underclass citizens ..
Then can someone please tell me how Illinois can get away
With requiring everyone to have a foid card before anyone can
Own a gun or buy ammo a 2nd amendment right is just that
It is not a privilege as Illinois would have you believe. This needs to be looked
Into the foid card is illegal as the 2nd amendment would state
I have tried to get nra and isra involved they won’t touch it
Why is this anyone know.
No. This is a victory for prisoners. The gun owners get nothing out of it.