Another Unexpected Stand, This Time From An Unlikely Advocate

Hunter Biden, son of President Joe Biden, is currently facing an investigation by the Justice Department, with one aspect of the probe focusing on a gun purchase he made in 2018 while openly admitting to regular cocaine use. The purchase violates federal law, which prohibits drug users from owning firearms. However, a recent Supreme Court ruling has cast doubt on the validity of this prohibition, potentially offering a defense strategy for Biden’s lawyers.

Reportedly, Biden’s legal team has informed DOJ officials that if their client is charged with the gun crime, they intend to challenge the law under the Second Amendment. This unexpected turn of events could align conservative Republicans and Hunter Biden in a shared effort to bolster pro-Second Amendment legal precedents.

In 2018, when Hunter Biden bought the gun, he filled out a federal form, affirming that he was not an unlawful drug user. Yet, in his memoir published in 2021, Biden revealed his frequent use of crack cocaine during that period. This conflicting information presents a significant hurdle in the case.

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, recent legal challenges have arisen following the Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen, which altered the test used by lower courts to evaluate firearm restrictions.

Conservatives praised the Bruen ruling, perceiving it as an opportunity to relax gun regulations, while President Biden expressed disappointment, arguing that it contradicts both common sense and the Constitution. Nevertheless, Hunter Biden may leverage these new conservative arguments to his advantage, potentially avoiding a prison sentence of up to 15 years if charged and convicted.

Although 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, highlights the lack of consensus in this area due to the unsettled state of the law. Consequently, individuals facing charges related to this statute would seriously consider raising the Second Amendment as a defense.

As the investigation into Hunter Biden progresses, U.S. Attorney David Weiss, who is leading the probe, is said to be finalizing his inquiries, including potential misdemeanor tax filing charges, a felony tax evasion charge, and a false statement charge connected to the gun purchase. Hunter Biden’s attorneys have already met with DOJ officials in April to discuss the case.

This unexpected twist in the ongoing saga surrounding the Biden family raises important questions about the relationship between Second Amendment rights and personal behavior. Observers from both sides of the political spectrum will be closely monitoring this complex issue, eagerly anticipating its resolution.

Source Fox News