The President’s son, Hunter Biden, may rely on a Second Amendment defense as he faces charges of unlawful possession of a firearm. He pleaded not guilty recently in a Delaware courtroom on three charges related to the purchase of a Colt Cobra 38SPL revolver in October 2018. When filling out the relevant paperwork, Biden said he was not a drug user and did not suffer from addiction, despite acknowledging that he was heavily using crack cocaine at the time.
According to media reports, the legal team representing Hunter Biden may argue that the charges are unconstitutional and a violation of Mr. Biden’s Second Amendment rights. Paul Kamenar, counsel for the National Legal and Policy Center, says the argument has merit. A recent ruling by the US Court of Appeals found that there is no bar to firearms ownership by a person using illegal drugs – a verdict that will bolster Biden’s case.
However, Kamenar noted that even if a Court rules in his favor in this regard, the fact remains that Hunter Biden lied on a federal document, which is a felony in its own right.
The case against the President’s son was refiled after Trump-appointed US District Judge Maryellen Noreika threw out a deal he made with prosecutors. The agreement allowed Hunter Biden to avoid jail time for separate tax violations and enter a pre-trial diversion program for the firearms charges. Republicans said the “sweetheart deal” revealed a two-tier justice system.
Last year’s Supreme Court Bruen ruling, which expanded gun rights and has been used to strike down various firearms restrictions across the US, will likely strengthen Biden’s reliance on Second Amendment rights.
In a statement at the time of that ruling, President Biden said he was deeply disappointed that “the United States Supreme Court has chosen to strike down New York’s long-established authority to protect its citizens.” He vowed to continue his fight to restrict Second Amendment freedoms.