United States Supreme Court

A court-ordered transfer of a felon's lawfully owned firearms from Government custody to a third party is not barred by 18 U.S.C. section 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. The Eleventh Circuit Court of Appeals is reversed.

Appellate Information

• Decided 05/18/2015
• Published 05/18/2015

Judges

• Kagan

Court

• United States Supreme Court

Counsel