The Supreme Court
granted cert last night. At issue is the disposition of a person's firearms once he's convicted of a felony.
Quote:
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The question presented is whether such a conviction prevents a court under Rule 41(g) of the Federal Rules of Criminal Procedure or under general equity principles from ordering that the government (1) transfer non-contraband firearms to an unrelated third party to whom the defendant has sold all his property interests or (2) sell the firearms for the benefit of the defendant. The Second, Fifth, and Seventh Circuits and the Montana Supreme Court all allow lower courts to order such transfers or sales; the Third, Sixth, Eighth and Eleventh Circuits, by contrast, bar them.
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Henderson's argument is
here [pdf].
The government's response is
here [also pdf].
Henderson is not claiming he has a right to keep his firearms--he is claiming he has the right to be compensated for their value.