Gregory Kielma • September 5, 2025
If you legally own guns and then get convicted of a felony are you supposed to get rid of your guns immediately? A felon selling a gun seems like a crime in itself!
If you legally own guns and then get convicted of a felony are you supposed to get rid of your guns immediately? A felon selling a gun seems like a crime in itself!
Says Gregg Kielma
FFL and Firearms Instructor, "if convicted of a felon your time is short to dispose of your firearms. Please check with your state laws and attorney so you can dispose of them in a legal and proper way. As a newly convicted felon, you are no longer provided the right or rights to own a firearm. Doing so with will be a very bad situation if your caught with a firearm as a convicted felon. Just do the right thing.
Disposing of a Defendant’s Firearms After a Felony Conviction
The United States Supreme Court issued a unanimous decision regarding the disposition of a defendant’s firearms following a felony conviction in Henderson v. United States. This analysis addresses the case and its implications for North Carolina.
Background. Tony Henderson, a gun owner, was charged with a federal felony drug offense. As a condition of pretrial release, he surrendered his firearms to the FBI and subsequently pled guilty to a felony, rendering him ineligible to possess firearms under federal law (18 U.S.C. § 922(g)(1)). Mr. Henderson requested that the FBI transfer the firearms to a friend who had agreed to purchase them; however, the FBI declined, contending that such a transfer would constitute constructive possession by Henderson. Litigation ensued.
Ruling. Although both the trial court and the appellate court ruled in favor of the FBI, the Supreme Court unanimously reversed their decisions. The Court clarified that federal law prohibits felons from possessing firearms, rather than owning them. While possession incorporates constructive possession, courts cannot authorize transfers to individuals who would permit the felon to access or control the firearms. Provided the recipient would not facilitate such access, it remains an incident of ownership for the felon to sell or otherwise dispose of the firearms as desired. The Court further opined that preventing felons from selling their firearms does not advance the public safety objectives underlying the statute.
The government proposed that transferring firearms to a licensed dealer for sale on the open market is a permissible approach, and the Court concurred; however, it emphasized this is not the sole available option, provided the transaction does not enable the felon to retain control over the firearms. The Court also suggested that a court may require assurances from the transferee to prevent the felon’s access and may deny the transfer if unsatisfied with the security measures.
Limits of the Ruling. The decision does not confer unrestricted authority upon all felons to direct the disposition of their firearms. Four principal limitations are evident: First, the ruling interprets a federal statute and the equitable powers of federal courts, applying directly only to federal proceedings. Second, courts may not authorize sales or transfers to persons who might grant the felon control over the firearms. Third, felons whose firearms were used in the commission of a crime may have more limited rights regarding disposition than Mr. Henderson, whose offense was unrelated to firearms; the Court noted in footnote one that doctrines such as “unclean hands” could justify denying such requests. This is particularly significant for those convicted of firearm possession by a convicted felon. Fourth, while the Court indicated a court may order law enforcement to dispose of a felon’s firearms per their instructions, it did not establish a legal entitlement for felons in Henderson’s circumstances to do so. Nevertheless, the opinion implies that permitting defendants to direct the disposition is standard practice and withholding that opportunity could amount to an unlawful taking. See United States v. Brown, 754 F. Supp. 2d 311 (D.N.H. 2010), which suggests that destruction of lawfully owned firearms absent forfeiture or confiscation may raise significant Takings Clause concerns, as the firearms remain valuable personal property, and the government generally may not confiscate or destroy such property without due process and fair compensation.
Applicability in State Court. As specified, the Henderson decision pertains to federal judicial authority. North Carolina law diverges from federal law in key respects. Most notably, North Carolina’s felon-in-possession statute (G.S. 14-415.1) prohibits felons from owning, not merely possessing, firearms. Additionally, G.S. 15-11.1 provides judges with several options for disposing of firearms but does not include defendant-directed transfers. Thus, Henderson has limited direct relevance in North Carolina. Nonetheless, similar constitutional considerations could arise in North Carolina cases. There remains uncertainty regarding the permissibility of depriving newly-convicted felons of the right to direct the disposition of lawfully owned firearms prior to conviction—absent forfeiture or confiscation as contraband—even where authorized by statute.
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Being Prepared for the 2026 Hurricane Season By Gregory Kielma, Tactical K Training & Firearms The 2026 Hurricane Season is shaping up to be another year where preparation isn’t optional it’s essential. Florida has seen record heat, rising insurance pressures, rapid population growth, and increasingly unpredictable storm behavior. None of that is meant to create fear. It’s meant to reinforce a simple truth: preparedness gives you control, confidence, and options when the weather turns. Whether you’re protecting a home, a business, or a family, the goal is the same build layers of readiness before the first storm forms. Start With Awareness and a Plan Storms don’t give you time to “figure it out later.” Your plan should be written, practiced, and known by everyone in the household or workplace. Key elements of a solid plan: Where will you go if evacuation becomes necessary Multiple routes out of your area A communication plan if cell networks fail A designated out‑of‑state contact A plan for pets, elderly family members, and anyone with medical needs For businesses, include: Who secures the building Who handles digital backups Who communicates closures and reopening A plan removes panic. It replaces it with action. Strengthen Your Home or Business Before the First Storm Florida structures take a beating every year. Small improvements now prevent major losses later. Exterior protection: Inspect your roof for loose shingles or soft spots Clear gutters and drainage paths Trim trees and remove dead limbs Install or test shutters Reinforce garage doors—one of the most common failure points Interior protection: Surge protection for critical electronics Elevate valuables and important documents Know how to shut off water, power, and gas If you own a business, walk your property as if you were a storm: What can break? What can blow away? What can flood? Fix those points now. Build a Realistic, Usable Supply Kit For Your Home or Business A hurricane kit isn’t about stockpiling, it’s about independence. After a major storm, help may take hours or days to reach your area. For homes and families: Water: 1 gallon per person per day (minimum 3–7 days) Non‑perishable food Medications and medical supplies Flashlights, headlamps, and batteries Battery bank for phones First aid kit Copies of important documents Cash in small bills Tools, gloves, tarps, duct tape For businesses: Backup power for essential systems Printed employee contact lists Hard copies of insurance documents A plan for securing inventory and equipment Preparedness isn’t about fear it’s about not being dependent on luck. Protect Your Digital Life In 2026, digital readiness is just as important as physical readiness. Back up important files to the cloud and an external drive Photograph your home, business, and valuables for insurance Store digital copies of IDs, insurance policies, and receipts Keep chargers, power banks, and a small solar panel if possible When the power goes out, your digital preparation keeps you moving. Understand Post‑Storm Safety Most injuries happen after the storm, not during it. Be cautious with: Downed power lines Flooded roads Carbon monoxide from generators Unstable structures Contaminated water If you evacuated, don’t rush home. Wait for official clearance. Your safety comes first. Mindset: Prepared, Not Paranoid Preparedness is a discipline, not a reaction. It’s the same mindset we teach in every Tactical K class awareness, planning, and responsible action. A hurricane is a natural event. Your response is a choice. When you prepare early, you protect: Your family Your property Your business Your peace of mind And you set an example for your community. Kielma’s Parting Shot The 2026 Hurricane Season will bring challenges, just like every season. But Floridians are resilient, and preparation is part of our way of life. Start now. Strengthen your home, your business, and your plan. Build your layers of safety before the first storm forms. If you need help building a plan, creating a checklist, or preparing your family or business, Tactical K Training is here to support you with practical, real‑world guidance.
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Convicted Felon Sentenced to 87 Months in Trafficking Nine Firearms, Including to Buyer Who Said He Was ‘At War’ Thursday, April 30, 2026 U.S. Attorney's Office, District of Columbia WASHINGTON - Brandon Smith, 34, a previously convicted felon residing in the District of Columbia, was sentenced today in U.S. District Court to 87 months in prison for conspiring to traffic at least nine firearms to a prohibited buyer over the course of six months, announced U.S. Attorney Jeanine Ferris Pirro. “Brandon Smith was already on supervised probation for a violent felony when he chose to traffic firearms, and he continued even after being told the buyer intended to use them for violence,” said U.S. Attorney Pirro. “Over the course of six months, he arranged the sale of at least nine guns—including one with an obliterated serial number—to a prohibited individual. This was not a momentary lapse in judgment, but a sustained and deliberate effort to arm someone who could not legally possess firearms. My office remains committed to holding accountable those who endanger our communities by trafficking illegal guns.” On Jan. 9, 2026, Smith pleaded guilty before Judge Howell to conspiracy to commit trafficking in firearms. In addition to the 87-month prison term, Judge Howell ordered Smith to serve three years of supervised release. Federal prosecutors had requested a 108-month prison term. According to court papers, beginning in November 2023, ATF opened an investigation after a confidential source reported that Smith, then on supervised probation for a violent felony, was actively advertising firearms for sale by texting photographs of guns to prospective buyers, including individuals with prior felony convictions. During the next six months, Smith sold or arranged the sale of nine firearms to a buyer on six separate occasions. During the transactions, Smith sold his own personal carry firearm on multiple occasions when a supplier failed to deliver, then purchased a replacement for himself afterward. In early January 2024, as Smith and the buyer discussed an upcoming transaction, the buyer told Smith he needed the firearms because he was “at war” after his cousin had been killed. Smith proceeded with the sale. The buyer had also told Smith he was serving a criminal justice sentence at the time of the transactions. Smith acknowledged that he, too, was “on papers.” Smith arranged a total of six transactions from Nov. 30, 2023, through May 30, 2024, resulting in the sale of nine firearms. At least one of the firearms had its serial number obliterated. On Oct. 26, 2024, MPD officers conducted a traffic stop on the 1600 block of 16th Street SE and found Smith in the front passenger seat of a parked vehicle. Officers observed open containers of alcohol and discovered a satchel at his feet. Inside the satchel, in plain view, was a loaded Glock Model 19X 9mm handgun with a round in the chamber and 16 additional rounds in the magazine. The bag also contained a bank card and government-issued identification in Smith’s name. Smith has prior convictions for Simple Assault (2011), Attempted Robbery (2013), and Robbery and Possession of a Firearm during a Crime of Violence (2016), for which he was sentenced to five years in prison. He was serving a term of supervised probation from the 2016 conviction at the time of the firearms trafficking conspiracy. This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Office, and the Metropolitan Police Department. The matter was prosecuted by Special Assistant U.S. Attorney Brendan M. Horan. Convicted Felon Sentenced to 87 Months in Trafficking
