For those on the list who teach property, the Supreme Court of the United States handed down a decision today that provides a good illustration of the "bundle of sticks" theory of property ownership.

In Henderson v. United States, the court was asked to construe a provision of the federal criminal code that prevents a convicted felon from "possessing firearms." Here, the petitioner was convicted of trafficking in marijuana and, as a condition of bail, the court ordered that he surrender his (lawfully-owned and registered) firearms to the government. Upon his release from prison, Henderson asked that the weapons be transferred to a friend who had agreed to purchase them for an unspecified price.

The government refused on the grounds that allowing a convicted felon to determine the disposition of his firearms would violate the statute. Henderson, on the other hand, argued that the statute prohibited "possession" but not "ownership." He argued below that allowing the government to keep the firearms would constitute a taking.

In a rare discussion of basic property rights, the Supreme Court took the government to school on the difference between "ownership" and "possession." In addition, the court explained the difference between "actual" and "constructive" possession.

The case is not a particularly difficult one in terms of its facts, and is entirely one of statutory construction. However, it is a short, accessible, and spiffy little opinion that might be useful for first-year property casebooks.

For those interested, the opinion is found here:

http://www.supremecourt.gov/opinions/14pdf/13-1487_l6gn.pdf



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