2nd Amendment
Lawyers for Hunter Biden argued in federal court on Monday that gun charges against him should be dismissed because of a previous plea deal that they say still grants him immunity, further arguing that the case amounts to an “unconstitutional” violation of his rights to the Second Amendment.
President Joe Biden’s son was indicted on three felony counts of falsifying background check information to purchase a firearm.
According to reports, Hunter answered “no” to a question on a firearms transaction record that asked, “Are you an unlawful user of or addicted to marijuana or a depressant, stimulant, narcotic drug or other controlled substance?”
Hunter purchased the gun in October 2018. He has a well-documented history of drug addiction, and a video from that same month has surfaced showing Hunter naked and brandishing a gun while playing with a prostitute. One report included a photo from the clip of what appeared to be crack cocaine and drug paraphernalia.
If convicted, Biden faces up to 25 years in prison. He pleaded not guilty to the charges.
RELATED: Hunter Biden Wants to Subpoena Trump in His Criminal Case, Claims Investigation Was the Result of ‘Relentless’ Pressure
Hunter Biden cites Second Amendment in attempt to drop gun charges
The documents filed by Hunter’s team alleging he was the victim of an “unconstitutional” attack on his Second Amendment rights are a notable affront to his father’s philosophy on gun control.
Should former drug addicts be denied the right to bear arms? Lawyer Abbe Lowell argues that recent court rulings mean the charges against his client are unfounded.
“Because individuals protected by the Second Amendment can no longer be denied gun ownership solely because of past drug use … any false statement by Mr. Biden about his status as a user of a controlled substance no longer relates to ‘any fact that material to the legality of the sale’ of a firearm,” he wrote.
“Quite simply, asking about Mr. Biden’s status as a controlled status user is constitutionally irrelevant to the question of whether he can be denied his Second Amendment right to bear arms,” Lowell added.
Just last month, President Joe Biden’s Justice Department argued in court for a ban on gun ownership for drug users.
“Users are unlikely to put away their weapons before using drugs and only retrieve them after they regain their lucidity,” a DOJ attorney wrote.
Can prosecutors use President Biden’s own DOJ in arguments against his son?
RELATED: Newly released video shows nude hunter Biden brandishing gun with prostitute
Claims Plea deal still grants him immunity
Hunter’s legal team, in another attack on the president’s Justice Department, alleged that the appointment of Delaware U.S. Attorney David Weiss as special counsel under Attorney General Merrick Garland was “unlawful.”
Before Weiss was appointed special prosecutor, he had given the president’s son a charity settlement that allowed Hunter to drop charges related to possessing a firearm while an illegal drug user as long as he completed two years of probation .
Hunter’s attorney argues that the plea deal, which failed dramatically and led to the current predicament, still grants their client immunity.
They insist that President Biden’s son should have “far-reaching immunity” from the case.
National Review columnist Charles Cooke reports that the court is setting up a “Hunter Biden v. Joe Biden Second Amendment case.”
“It will be extremely uncomfortable for Joe Biden to see his son fight a prosecution brought by his own Justice Department on legal grounds that he has argued make America less safe and should be reversed,” Cooke explained .
Hunter Biden as gun rights advocate becomes equal more uncomfortable when you remember that President Biden once reportedly called Second Amendment supporters “teabaggers” in a private conversation.
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