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Oklahoma Association of Municipal Attorneys

Re: [Oama] Release of Firearm after sale by felon

Jones, Orval E

Tue, Dec 10, 2019 4:45 PM

Here is a segment of a brief I recently filed.

The U.S. Supreme Court in Henderson v. United States, 135 S.Ct. 1780 (2015), held that even though a felon cannot possess such a weapon, he can transfer it because he still owns the weapon: "A court may also grant a felon's request to transfer his guns to a person who expects to maintain custody of them, so long as the recipient will not allow the felon to exert any influence over their use. In considering such a motion, the court may properly seek certain assurances: for example, it may ask the proposed transferee to promise to keep the guns away from the felon, and to acknowledge that allowing him to use them would aid and abet a [18 U.S.C.] § 922(g) violation. Even such a pledge, of course, might fail to provide an adequate safeguard, and a court should then disapprove the transfer." Id. at 1787.

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Today's Topics:

Release of Firearms by Police after Seizure (Mark Ramsey)
Re: Release of Firearms by Police after Seizure (Robert Thompson)
Re: EXTERNAL EMAIL : Release of Firearms by Police after
Seizure (Rick Knighton)
Re: EXTERNAL EMAIL : Release of Firearms by Police after
Seizure (Bart Bouse)

Message: 1
Date: Sun, 8 Dec 2019 01:16:54 +0000
From: Mark Ramsey MRamsey@soonerlaw.com
To: "oama@lists.imla.org" oama@lists.imla.org
Subject: [Oama] Release of Firearms by Police after Seizure
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CY4PR22MB1688DAE0E3D806EA3E6388D8B9590@CY4PR22MB1688.namprd22.prod.outlook.com

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A police officer seized a firearm from an offender who was convicted of a felony. After the conviction, the offender sold the firearm to his adult son, who is under no disability to own a firearm. Is there any reason the firearm cannot be returned to the son? The firearm is not needed as evidence.

Any thoughts? Any traps or snares?

Many thanks!

Here is a segment of a brief I recently filed. The U.S. Supreme Court in Henderson v. United States, 135 S.Ct. 1780 (2015), held that even though a felon cannot possess such a weapon, he can transfer it because he still owns the weapon: "A court may also grant a felon's request to transfer his guns to a person who expects to maintain custody of them, so long as the recipient will not allow the felon to exert any influence over their use. In considering such a motion, the court may properly seek certain assurances: for example, it may ask the proposed transferee to promise to keep the guns away from the felon, and to acknowledge that allowing him to use them would aid and abet a [18 U.S.C.] § 922(g) violation. Even such a pledge, of course, might fail to provide an adequate safeguard, and a court should then disapprove the transfer." Id. at 1787. -----Original Message----- From: Oama <oama-bounces@lists.imla.org> On Behalf Of oama-request@lists.imla.org Sent: Saturday, December 7, 2019 8:52 PM To: oama@lists.imla.org Subject: Oama Digest, Vol 1, Issue 6 Send Oama mailing list submissions to oama@lists.imla.org To subscribe or unsubscribe via the World Wide Web, visit https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Foama_lists.imla.org&data=02%7C01%7COrval.Jones%40okc.gov%7Cf1f17f82150f40fa2ee608d77b89a3f2%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637113703403278319&sdata=JyMm%2BLfgf3%2FhFjpzc5TKGCjSRId2W1nWrTS1QypD9Zo%3D&reserved=0 or, via email, send a message with subject or body 'help' to oama-request@lists.imla.org You can reach the person managing the list at oama-owner@lists.imla.org When replying, please edit your Subject line so it is more specific than "Re: Contents of Oama digest..." Today's Topics: 1. Release of Firearms by Police after Seizure (Mark Ramsey) 2. Re: Release of Firearms by Police after Seizure (Robert Thompson) 3. Re: EXTERNAL EMAIL : Release of Firearms by Police after Seizure (Rick Knighton) 4. Re: EXTERNAL EMAIL : Release of Firearms by Police after Seizure (Bart Bouse) ---------------------------------------------------------------------- Message: 1 Date: Sun, 8 Dec 2019 01:16:54 +0000 From: Mark Ramsey <MRamsey@soonerlaw.com> To: "oama@lists.imla.org" <oama@lists.imla.org> Subject: [Oama] Release of Firearms by Police after Seizure Message-ID: <CY4PR22MB1688DAE0E3D806EA3E6388D8B9590@CY4PR22MB1688.namprd22.prod.outlook.com> Content-Type: text/plain; charset="us-ascii" A police officer seized a firearm from an offender who was convicted of a felony. After the conviction, the offender sold the firearm to his adult son, who is under no disability to own a firearm. Is there any reason the firearm cannot be returned to the son? The firearm is not needed as evidence. Any thoughts? Any traps or snares? Many thanks!