It's that time of year again so let's open a new SCOTUS thread to discuss 2A and firearms related cases that may come before the court this term.
Initially there wasn't anything on my radar until I saw this one tonight: Henderson v. United States. I haven't read the petition yet, but it looks interesting in terms of asset forfeiture. It's also been re-listed twice now.
So the question is: Do you still have a non-possessory property interest in your firearms once you become a prohibited person? What if you had a six figure gun collection? Can you sell it, transfer it to your heirs, or benefit from it? Or, does the government get it? It's not really 'contraband'.
Initially there wasn't anything on my radar until I saw this one tonight: Henderson v. United States. I haven't read the petition yet, but it looks interesting in terms of asset forfeiture. It's also been re-listed twice now.
Issue: Whether a felony conviction, which makes it unlawful for the defendant to possess a firearm, prevents a court under Rule 41(g) of the Federal Rules of Criminal Procedure or under general equity principles from ordering that the government (1) transfer non-contraband firearms to an unrelated third party to whom the defendant has sold all his property interests; or (2) sell the firearms for the benefit of the defendant.
So the question is: Do you still have a non-possessory property interest in your firearms once you become a prohibited person? What if you had a six figure gun collection? Can you sell it, transfer it to your heirs, or benefit from it? Or, does the government get it? It's not really 'contraband'.