Hunter Biden Isn’t Protected From Gun Charges by 2nd Amendment: Federal Prosecutors

Contact Your Elected Officials
The Epoch Times Header

President Joe Biden’s 53-year-old son faces three felony charges

The U.S. Constitution’s Second Amendment doesn’t protect President Joe Biden’s son from felony gun charges, federal prosecutors said in a new brief.

“Anglo-American law has long recognized that the government may disarm those who, by their conduct or characteristics, present an increased risk to public safety if they possess firearms,” prosecutors said in the Jan. 16 filing. That means a U.S. law against gun ownership by people who use or are addicted to drugs can still stand under the U.S. Supreme Court’s 2022 decision that struck down restrictions in New York, they added.

Hunter Biden, 53, is facing three felony counts after certifying on a form in 2018 that he wasn’t a user of or addicted to drugs. Mr. Biden later wrote in his memoir that he was using drugs at the time.

However, lawyers for the defendant argued in late 2023 that the statute Mr. Biden was charged with violating isn’t constitutional under court precedent, including the Supreme Court decision in New York State Rifle & Pistol Association v. Bruen.

“In truth, the statute is indefensible under the Bruen framework,” they wrote in a motion to dismiss.

Lawyers referenced a recent appeals court ruling in favor of a man from Mississippi named Patrick Daniels Jr., who was convicted of violating the same law because he was a marijuana user who owned a gun.

Mr. Daniels challenged the law in question, 18 U.S.C. Section 922(g)(3), under the new Bruen framework, and the court said that the government failed to demonstrate the existence of laws from around the time of America’s founding that prohibited gun ownership for intoxicated individuals.

While several states passed similar laws after the Second Amendment was adopted, such a small number doesn’t support a tradition, the court said.

“In short, neither the restrictions on the mentally ill nor the regulatory tradition surrounding intoxication can justify Daniels’s conviction,” the ruling stated.

But prosecutors said on Jan. 16 that the case is nonbinding, noting that the Supreme Court has taken it up but has yet to rule on the matter.

By Zachary Stieber

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Trump’s Middle East Triumph is Worth Celebrating Even As Peace Remains Elusive 

President Trump’s bold foreign policy defies globalist appeasement, showcasing unwavering American strength and decisive leadership on the world stage.

Are conservatives fighting a fiction of woke?

Wokery, it hurts to say it, is too disorganized to have an organized cosmology or doctrine of metaphysical belief.

Illinois Democrat Offenders Reveal Party

The crime of J.B Pritzker and Brandon Johnson in this episode of American history is called subversion at the least , but could be as serious as treason.

Inside the Public School Librarian Jihad to Keep Transgender Propaganda on Shelves

Public school librarians are doing all they can to keep child tranny propaganda flowing directly into the malleable minds of their charges.

Five Reasons Why The Latest Czech Elections Were So Important

Populist-nationalist politician Andrej Babis is poised to return to the premiership after his party's victory. Here are 5 reasons why this is so important.

New York AG Letitia James Indicted on Federal Charges

New York Attorney General Letitia James was indicted by a grand jury on federal charges, according to an indictment on unsealed on Thursday.

6 Ways Vaccine Policy Has Changed Under RFK Jr.

Health Sec RFK, Jr. and officials at the HHS changed recommendations and policies for multiple vaccines, including shots against COVID-19 and measles.

Journalists Recount Antifa Violence in Roundtable With Trump

President Trump met at the White House with journalists attacked by the newly designated terrorist group Antifa, joined by Cabinet officials for a roundtable.

IRS to Furlough 34,000 Employees as Government Shutdown Halts Treasury Operations

The IRS said in an emergency message to staff that it will furlough more than 34,000 employees starting on Oct. 8 due to the government shutdown.

Trump Says He May Invoke Insurrection Act in Portland If Necessary

President Donald Trump on Oct. 6 said he may consider invoking the Insurrection Act in Portland, Oregon, if necessary.

Trump: All Medium, Heavy Duty Trucks Entering US Will See 25 Percent Tariff on Nov. 1

President Trump announced on Monday that all medium and heavy-duty trucks entering the United States will see a 25 percent tariff starting on Nov. 1.

Treasury Names Social Security Commissioner as CEO of IRS

Treasury Sec. Scott Bessent announced that Frank Bisignano, the head of the Social Security Administration (SSA), will also serve as CEO of the IRS.

Agencies Terminated, Descoped 94 Wasteful Contracts With $8.5 Billion Ceiling Value, Says DOGE

Various federal government agencies have terminated and descoped 94 wasteful contracts over the past five days, DOGE said in an Oct. 4 post on X.
spot_img

Related Articles

Popular Categories

MAGA Business Central