Henderson v. United States

Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Henderson v. United States

Case Details
Key Topics in the Case

Documents

Prior Decision

Decision below 555 Fed.Appx. 851, C.A.11 (Fla.), January 28, 2014 (NO. 12-14628).

The due process clause and 18 U.S. C. § 924(d) require that a firearm be subject to forfeiture to extinguish ownership. The statutory history of § 922(g) does not suggest any intent to allow deprivation of ownership interest without any process. Section 924(d) explicitly distinguishes between an "owner," a "possessor" and a "delegate." Ability to transfer possession to a third party is consistent with the fact that a disability may be temporary. Like forfeiture, permanent retention of firearms may be an excessive fine under the Eighth Amendment.

Featured Products

Author(s)

Stephen P. Halbrook, Fairfax, VA; Jonathan D. Hacker, Washington, DC.

Explore keywords to find information