NACDL - Henderson v. United States

Henderson v. United States

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

Brief filed: 12/15/2014

Documents

Henderson v. United States

United States Supreme Court; Case No. 13-148

Prior Decision

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

Argument

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.

Author(s)

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