Although this sounds bizarre, a potential ruling in favor of Hunter Biden could result in strengthened 2nd Amendment rights.
Biden faces a Department of Justice investigation for purchasing a gun in 2018 while being an active user of crack cocaine.
Federal law currently bans “unlawful drug users” from owning a firearm.
According to a Politico report, Hunter Biden’s attorneys will challenge the constitutionality of that law if he’s charged with a gun crime.
They would cite it’s a violation of Biden’s 2nd Amendment rights.
Supreme Court’s expansion of gun rights could be good news for Hunter Biden https://t.co/lTFTa4hJJK
— POLITICO (@politico) June 1, 2023
Politico reports:
His lawyers have already told Justice Department officials that, if their client is charged with the gun crime, they will challenge the law under the Second Amendment, according to a person familiar with the private discussions granted anonymity because they are not authorized to speak publicly. That could turn a case that is already fraught with political consequences into a high-profile showdown over the right to bear arms.
ADVERTISEMENTThe dispute would come as the White House fights to tighten gun laws. And it could put conservative gun-rights enthusiasts, who typically criticize the Biden family, in unusual alignment with the president’s son.
Federal prosecutors are expected to soon finalize the Hunter Biden investigation. David Weiss, the U.S. attorney for Delaware who was appointed by former President Donald Trump, is leading the probe. Attorney General Merrick Garland said in May that Weiss is “capable of making any decisions that he feels are appropriate,” and that he won’t face political pressure. Weiss is widely reported to be examining potential tax crimes related to undeclared income, as well as Hunter Biden’s purchase of a handgun in October 2018.
When he bought the gun, Biden filled out a federal form on which he allegedly avowed that he was not “an unlawful user of, or addicted to” any “controlled substance,” POLITICO reported in 2021. But according to Biden’s 2021 memoir, he frequently used crack cocaine at the time.
If Hunter gets the courts to strike down gun control, Joe will have finally produced something useful. pic.twitter.com/BR5Fj9a83w
— Spike Cohen (@RealSpikeCohen) June 2, 2023
Biden’s attorneys intend to cite the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen to make his argument.
Mediaite explained:
But Biden’s lawyers have already informed the DOJ that if their client is charged, he will challenge the constitutionality of that prohibition according to Politico, which reports that they intend to use the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen to make his case.
In Bruen, the Court held that “modern firearms regulations” must be “consistent with the Second Amendment’s text and historical understanding.”
“To determine whether a firearm regulation is consistent with the Second Amendment,” the Court explained that the relevant metrics are “whether modern and historical regulations impose a comparable burden on the right of armed self-dense, and second, whether that regulator burden is comparably justified.”
During the 2020 presidential campaign, Joe Biden boasted that “in 1993, he shepherded through Congress the Brady Handgun Violence Prevention Act, which established the background check system that has since kept more than 3 million firearms out of dangerous hands,” the same law his son would be found to have violated if he is found guilty of lying about his drug use to obtain the weapon he did.
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