Hunter Biden’s attorneys plan to argue he was within his Second Amendment rights to purchase a gun while he was addicted to crack cocaine in 2018.
Hunter is currently under investigation for potentially breaking the law banning drug users from owning guns.
In an article titled, “Could Hunter Biden be the next poster child for Second Amendment Rights?” Politico writes that Hunter’s attorneys are planning to use the second amendment to their advantage to get him off the hook.
As the outlet reported:
His lawyers have already told Justice Department officials that if their client is charged with a 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.
The 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.
Hunter purchased a gun when he was “smoking crack every 15 minutes,” according to his memoir.
That means Hunter lied on an ATF Form 4473 when he bought the gun.
The form asks prospective gun buyers, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Anyone who answers that question in the affirmative is denied a gun purchase.
However, it is not clear how Biden’s legal team intends to argue the case for the Hunter, but they do intend to o cite a Supreme Court ruling that some gun rights proponents have championed, Politico notes.
As The Western Journal noted, In June 2022, the court reviewed the case of New York State Rifle & Pistol Association Inc. v. Bruen and ruled that a New York law requiring people to be licensed to carry guns in public is unconstitutional.
President Biden slammed the ruling.
“I urge states to continue to enact and enforce commonsense laws to make their citizens and communities safer from gun violence,” he said in a June 23, 2022, statement.
Politico also notes that the ruling could be used by Hunter Biden’s legal team, which will cite numerous challenges to gun laws, including people who lied about using drugs.
Some of those challenges were related to whether it is constitutional for people who use marijuana to be banned from buying guns.
Some judges have ruled that drug addicts are not barred from exercising their Second Amendment rights.
If this legal tactic succeeds for Hunter Biden, he may well help unwittingly bring in some relaxed restrictions on the right to bear arms.
People who lie on ATF Form 4473 can face up to 15 years in prison and/or a $250,000 fine.
READ: Jim Jordan: FBI and IRS Colluding to “Crush” Hunter Biden Probe Whistleblowers
