Past SCOTUS Ruling Could Help Hunter Biden

( – Hunter Biden appeared in a Delaware court on Tuesday, October 3rd to plead not guilty to three federal gun charges brought by special prosecutor David Weiss. The hearing took less than 20 minutes but marked the first time that a family member of a sitting president appeared in court to face criminal charges.

Concurrently the House has issued 3 subpoenas to acquire bank records for Hunter Biden and his uncle, James Biden, the president’s brother. Investigators on the House Oversight Committee believe the president used his family members as proxies to take payments from overseas financiers in exchange for official acts by Joe Biden in office.

A June 2022 ruling in New York State Rifle & Pistol Association v. Bruen may help Hunter Biden fight off the gun charges, however. That ruling overturned the tradition of denying New Yorkers the right to carry a weapon without an expensive application process and written approval from the NYPD.

Abbe Lowell, Hunter Biden’s defense counsel in this case, has previously suggested in public that the decision could be of use to him. Hunter Biden’s lawyers will argue that prohibiting addicts from owning firearms has no tradition in US law and violates the Second Amendment.

A prior plea agreement between US prosecutors and Biden’s attorneys fell apart in August after the judge refused to grant sweeping immunity to Hunter Biden in exchange for admittance of guilt and some community service.

The argument that Hunter Biden has Second Amendment rights that make the relevant laws in question void is ironic coming from Democrats who typically argue for laws that restrict access to firearms.

One appeals court has already considered the Bruen decision and suggested that drug-related restrictions may be in violation of the new precedent. In New Orleans, someone who was smoking pot successfully defeated the provision restricting access to firearm ownership based on past drug use.

Federal prosecutors are expected to respond by citing multiple historical precedents of dangerous organizations being legally disarmed or 19th-century laws prohibiting firearm use while intoxicated.

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