Henderson v. United States
135 S. Ct. 1780
| SCOTUS | 2015Background
- Henderson, a felon, was charged with distributing marijuana and ordered to surrender firearms as bail condition; FBI took custody of the guns.
- After pleading guilty, Henderson could not repossess firearms due to §922(g)'s prohibition on felons possessing firearms.
- Henderson sought to transfer his guns to a friend or a firearms dealer; the FBI refused, citing §922(g) as violated by constructive possession.
- Henderson moved in district court for a transfer to a third party; court denied, Eleventh Circuit affirmed, on grounds of constructive possession.
- Supreme Court vacated and remanded to determine if §922(g) permits court-approved transfers to third parties under safeguards so the felon loses control of the guns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §922(g) bar court-ordered transfers to third parties? | Henderson argues transfers to third party comply with §922(g). | United States contends any transfer risks felon control, violating §922(g). | Yes if transferee ensures felon lacks control; otherwise no. |
| Does constructive possession bar transfers to third parties? | Henderson contends no constructive possession if no felon control post-transfer. | Government says any arrangement enabling future access constitutes possession. | Constructive possession barred when felon could control use; otherwise allowed. |
| What safeguards permit a felon’s transfer to a third party under §922(g)? | Transfers to a purchaser or custodian with assurances can be allowed. | Only transfers to independent dealers are clearly permissible. | Transfers to an independent dealer or to a custodian who will not allow felon control are permissible. |
Key Cases Cited
- United States v. Martinez, 241 F.3d 1329 (CA11 2001) (equitable authority to return property obtained during criminal proceedings)
- United States v. Zaleski, 686 F.3d 90 (CA2 2012) (transfer to independent dealer permissible)
- United States v. Miller, 588 F.3d 418 (CA7 2009) (assurances may be sought to keep guns away from felon)
- United States v. Nungaray, 697 F.3d 1114 (CA9 2012) (constructive possession when felon controlled movement)
- United States v. Al-Rekabi, 454 F.3d 1113 (CA10 2006) (constructive possession concept as applied to puppeteers)