Wednesday, May 20, 2015

SCOTUS Ruling Stops Police Taking Away Guns



The supreme court reached a landmark decision yesterday in defense of gun ownership that could later prove useful in stopping gun confiscation. Until yesterday, if a person became a felon and lost their right to own guns, regardless of the nature of the crime, police would confiscate and keep their guns. Although certainly, most felons should not be in possession of guns, this policy still had the effect of taking guns out of the hands of the citizenry and putting them in the hands of the government.

Tony Henderson, a former border patrol agent, was convicted of selling marijuana which made him a felon and thus ineligible to own a gun. He asked if he could transfer his $3,500 19-gun collection to his wife or another third party so he could have them sold to other citizens. He was told no. In fact, he was told no at every level of appeals until he reached the SCOTUS.

There, he finally received his "yes" answer.

The court ruled that although a felon cannot be permitted to own guns, the supreme court announced that it is unconstitutional for police to keep or profit from guns confiscated from felons without first giving them the opportunity to rid themselves of the guns in a lawful manner. Felons now have the option to sell off any guns they own or legally transfer them to a person outside their household who is lawfully permitted to own a gun. They may not, however, simply transfer ownership but keep the gun, nor can they transfer them to someone who is likely to give them access, such as their own spouse.

This ruling both accomplishes the goal of keeping guns out of the hands of convicted felons while preventing them from being swallowed up by the bureaucracy, allowing more law-abiding citizens to stay armed.

http://punchingbagpost.com/scotus-ruling-stops-police-taking-away-guns/


7 comments:

Anonymous said...

I disagree with this ruling for several reasons. First a wife is a human being Second she is a citizen entitled to the same rights as anyone else. third she has a right to self protection. she has not ben convicted of anything. The government has no power to force a divorce by the first amendment. American law has been really screwed up over the last several decades. It used to be that you only lost your rights during your time of incarceration. Can not have armed prisoners. After you get out of prison they do not issue you a personal body guard. so where does yourself protection come from? do you have to spend the rest of your life as an open target? It really used to be that the courts could get one or the other , A fine or lock up time but not both. You only lost your rights while locked up. Numerous unconstitutional laws and court rulings have changed all of this. You can not take away a persons rights for something someone else did. and the law can not take something from you without proper payment. Confiscation is totally unconstitutional. The supreme court has made numerous faulty rulings They called Obama care a tax now all they have to do is prove it is a sales tax to make it constitutional. We can blame all of this countries ills on the corruption at every level of government.

Wireless.Phil said...

Sorry, but I still can't find a real news site that states that, only blog sites.

Wireless.Phil said...

Ok, here it is, worded differently.

Supreme Court says felons can decide who gets their guns
www.usatoday.com/story/news/nation/2015/05/18/supreme-court-felon-guns/27534407/

Wireless.Phil said...

What I did find came frim USA Today, but the reworded the title of the article.
www.usatoday.com/story/news/nation/2015/05/18/supreme-court-felon-guns/27534407/

Wireless.Phil said...

As of a few years ago in Ohio, a Cleveland judge ruled if your felony was not a violent felony.

You could own guns.
If that's changed, I haven't heard.

Still trying to figure out how G. Gordon Liddy or Lidy claimed his wife owned the guns in the home?

G. Gordon Liddy was/is a radio host but was involved in the Watergate Breakin.

Anonymous said...

http://www.scotusblog.com/case-files/cases/henderson-v-united-states-2/

Anonymous said...

The husband may have purchased them but they are community property in most states if they were purchased after the marriage began.