UNANIMOUS: Supreme Court says convicted felons can sell their guns

The Associated Press is reporting that, in a surprising show of common sense, a unanimous Supreme Court has ruled that the government can't prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities.

From the article:

The justices sided with Tony Henderson, a former U.S. Border Patrol agent who agreed to turn over his collection of 19 firearms to the FBI as a condition of release after he was arrested and charged with distributing marijuana.

After he pleaded guilty, Henderson wanted to sell the weapons valued at more than $3,500 to a friend, or transfer them to his wife. But lower courts found that doing so would technically give Henderson possession of the weapons in violation of the law. Prosecutors also said they were concerned that Henderson's friend or wife might give him access to the weapons.

Writing for the court, Justice Elena Kagan said letting a convicted felon sell or transfer guns is allowed as long as a court is satisfied that the person getting the weapons won't give the felon control over them.

"A felon cannot evade the strictures of (the law) by arranging a sham transfer that leaves him in effective control of his guns," Kagan said.

In the ruling, Kagan said the district court could have ordered the guns turned over to a federally-licensed firearms dealer, who would sell them with proceeds going to the owner. She said the lower court also could allow the owner to transfer the guns to another person who will not allow him "to exert any influence over their use."

Kagan wrote that the government's reading of the law goes too far in saying Henderson would illegally "possess" the weapons just by being allowed to sell them.

The AP article notes that the case had drawn the attention of gun-rights groups, including the National Rifle Association, which argued that the government's attempt to prohibit any sale or transfer prevents law-abiding citizens who want to buy the guns from doing so.

Chad D. Baus is the Buckeye Firearms Association Secretary, BFA PAC Vice Chairman, and an NRA-certified firearms instructor. He is the editor of BuckeyeFirearms.org, which received the Outdoor Writers of Ohio 2013 Supporting Member Award for Best Website.