The ongoing legal battle surrounding Hunter Biden has placed the Second Amendment and the Biden administration at odds. As investigations by the Justice Department intensify, one aspect focuses on a 2018 gun purchase made by the president’s son, despite his admission of regular cocaine use at the time. Federal law prohibits drug users from owning firearms, but a Supreme Court ruling has raised questions about the validity of this prohibition, potentially offering a defense strategy for Hunter Biden’s lawyers.
Reports indicate that Biden’s legal team has already informed DOJ officials of their intent to challenge the law under the Second Amendment if their client faces charges related to the gun crime. This could create an unexpected alliance between the younger Biden and conservative Republicans, both striving to strengthen pro-Second Amendment legal precedents.
According to Politico, when Hunter Biden purchased the gun in 2018, he filled out a federal form declaring that he was not an unlawful drug user. However, in his 2021 memoir, he openly admitted to frequently using crack cocaine during that period. This conflicting information presents a significant challenge in the case and raises questions about the accuracy of the federal form.
The Gun Control Act of 1968 explicitly prohibits individuals who use illegal drugs from owning firearms, and the Bureau of Alcohol, Tobacco and Firearms emphasizes that this ban extends to those who have admitted drug use in the months preceding their gun purchase. However, the Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen has created a legal gray area, altering the test used by lower courts to evaluate firearm restrictions.
Conservatives view the Bruen ruling as an opportunity to relax gun regulations, while President Biden expressed disappointment, arguing that it contradicts both common sense and the Constitution. However, for Hunter Biden, this ruling might provide an avenue to avoid a potential prison sentence of up to 15 years if charged and convicted.
While most courts have upheld the law prohibiting drug users from owning guns since the Bruen decision, some have ruled against it. Jeff Welty, a professor at the School of Government at the University of North Carolina, emphasizes the lack of consensus in this area due to the unsettled state of the law. This uncertainty creates a strategic opportunity for those facing charges to raise the Second Amendment as a defense.
As U.S. Attorney David Weiss finalizes his investigation into Hunter Biden, including alleged misdemeanor tax filing charges, felony tax evasion, and false statement charges related to the gun purchase, the outcome of this case carries significant implications. The intersection of personal conduct, Second Amendment rights, and legal precedent will undoubtedly shape the trajectory of this high-profile legal battle.
The nation will be watching closely as the Biden administration navigates this delicate situation, weighing the complexities of the law against the potential consequences for the president’s son. Stay tuned for further updates as the story unfolds.
Source Fox News