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Federal Prosecutors Say Second Amendment Does Not Protect Hunter Biden from Gun Charges

Federal prosecutors have asserted that the Second Amendment does not shield Attorney Hunter Biden from felony gun charges. This assertion is part of a broader debate on the scope and limitations of the Second Amendment in contemporary firearm regulations.

Prosecution’s Stance

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Federal prosecutors argue that the government has the authority to disarm individuals posing a risk to public safety. This view is supported by a recent Supreme Court decision affirming the constitutionality of certain firearm restrictions.

Hunter Biden’s Legal Battle

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Hunter Biden, 53, faces legal challenges over three felony counts related to firearm ownership. These charges are rooted in a 2018 incident where he falsely certified he was not a drug user or addict.

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Constitutional Arguments Raised

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The defense argues that the statute under which Biden is charged is unconstitutional. They cite the Supreme Court’s New York State Rifle & Pistol Association v. Bruen decision in their argument.

Reference to Daniels Case

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A key point in the defense’s argument is the appeals court ruling in favor of Patrick Daniels Jr. Daniels’s case. It has been found to challenge the constitutionality of prohibiting gun ownership for substance users.

Historical Precedents

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Prosecutors respond by highlighting historical laws that restricted gun ownership for public safety. These include the 1662 Militia Act and 19th-century laws against intoxicated individuals carrying firearms.

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Public Safety and Drug Use

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Studies cited by prosecutors show that drug use impairs physical and mental functions. They argue that firearm possession under such impairments poses a significant public safety risk.

The Issue of False Statements

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Beyond the Second Amendment debate, Hunter Biden is accused of making false statements during a firearm purchase in 2018. He denied drug use on the purchase form, contradicting his later admissions.

The Colt Cobra Incident

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Biden purchased a Colt Cobra 38SPL revolver, falsely stating he was not a drug user. This act, if truthful, would have legally barred the sale.”

Read More: Former Representative George Santos Pleads for Second Chance

Discovery and Consequences

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The revolver was later found in Biden’s unlocked vehicle by his girlfriend, who disposed of it. The weapon was eventually retrieved by authorities, adding complexity to the case.

Tax Investigations Lead to Firearm Charges

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Investigations into Biden’s tax affairs uncovered evidence of drug use and texts, leading to the current firearm charges. His memoir also admits to drug addiction during the relevant period.

Defense’s Argument on Constitutionality

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The defense contends that if the law under which Biden is charged is unconstitutional, the related charges should also be dismissed. This includes charges for false statements and unlawful possession.

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Prosecutors’ Counterargument

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Prosecutors argue that a defendant cannot escape criminal liability for a false statement by challenging the constitutionality of the statute. Supreme Court precedents support this view.

The Constitutional Quandary

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The case against Hunter Biden represents a larger constitutional debate. It questions the extent to which the Second Amendment protects individuals in modern firearm regulations.

Implications of the Case

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The outcome of this case could have significant implications for interpreting gun laws in the United States. It challenges the traditional understanding of the Second Amendment’s scope.

Awaiting the Court’s Decision

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As legal arguments continue, the court’s decision in Hunter Biden’s case is eagerly awaited. It holds the potential to redefine firearm ownership laws in light of the Second Amendment.

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