United States Second Circuit

District court's denial of defendant's motion under Federal Rule of Criminal Procedure 41(g), for an order requiring the government to transfer to a third party seized firearms and ammunition that defendant lawfully owned prior to his felony conviction is affirmed in part, vacated in part and remanded where: 1) 18 U.S.C. Section 922(g) does not categorically prohibit such a transfer after the defendant becomes a convicted felon unable to possess a firearm; and 2) defendant has waived his other challenges to the district court's order.

Appellate Information

• Decided 07/13/2012
• Published 07/13/2012

Judges

• Lohier

Court

• United States Second Circuit

Counsel