A Preview of Henderson v. United States

Over at SCOTUSBlog, I have a preview of Henderson v. United States. Here’s the opening:

Next Tuesday, the Court will hear argument in Henderson v. United States, a complex case that offers a blend of criminal law, property, and remedies, with soft accents of constitutionalism. The basic question is this: when an arrested individual surrenders his firearms to the government, and his subsequent felony conviction renders him legally ineligible to possess those weapons, what happens to the guns?

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1 Comment

Filed under Prosecution

One response to “A Preview of Henderson v. United States

  1. Wilbur

    Interesting.

    Unless a court found them to be contraband, I believe the weapons would be considered still the property of the defendant. He may dispose of them by sale or gift, but may not legally obtain actual nor even constructive possession in order to do so.

    If they lay around a circuit clerk’s office or police property room past a certain length of time, then I assume there is a procedure in place for their disposal.

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