Gun transfers for felons
Henderson v. United States
In brief
A judge may approve a transfer of Henderson’s guns only if the recipient will not let him use or direct their use; the Court wiped out the appeals court’s ruling and sent the case back.
- Where it stands
- Decided
Decided 9-0 · May 18, 2015 · Opinion by Justice Kagan
- What it’s about
- The Supreme Court ruled that a court may order Henderson’s lawfully owned firearms transferred from government custody to a third party only if the recipient will not let Henderson use the guns or direct how they are used.
- Who it affects
- For felons whose lawfully owned guns are in government custody, a judge may approve a third-party transfer only if the felon cannot use the guns or direct their use.
Summary: written with AI from the case record.
What it's about
It wiped out the appeals court’s ruling and sent the case back for further proceedings (vacated and remanded).
Henderson’s lawfully owned guns were in government custody, and he had sold his property interest in them to a third party.
Federal law bars people with felony convictions from possessing firearms.
Question presented
Does a felony conviction, which makes it illegal for the felon to possess firearms, also prevent a court from ordering that the government transfer non-contraband firearms to a third party to whom the defendant has sold his property interests or sell the firearms for the defendant's benefit?
What the Court decided
Holding
A court-ordered transfer of a felon’s lawfully owned firearms from Government custody to a third party is not barred by §922(g) if the court is satisfied that the recipient will not give the felon control over the firearms, so that he could either use them or direct their use. Federal courts have equitable authority to order law enforcement to return property obtained during the course of a criminal proceeding to its rightful owner. Section 922(g), however, bars a court from ordering guns returned to a felon-owner like Henderson, because that would place the owner in violation of the law. 851, vacated and remanded.
- Result
- Vacated
The Court's reasoning
The Court said federal courts can order law enforcement to return property obtained during a criminal case to its rightful owner. But returning guns directly to a felon would violate federal law, so a third-party transfer is allowed only if the felon cannot use or direct the guns’ use.
The vote
What's next
The lower court will continue the case and decide whether the recipient would leave Henderson without control of the guns before ordering a transfer.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
Show 4 moreShow fewer
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Opinion added: Henderson
More questions
- Did the Supreme Court order Henderson’s guns transferred?
- No. It set the condition for a court-ordered transfer and sent the case back for further proceedings.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.