Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

Report: Hunter Biden's Attorneys to Use Pro-2A SCOTUS Ruling to Avoid Prosecution on Possible Gun Charges :: 06/02/2023

A source who spoke with the New York Times indicated Hunter Biden’s attorneys are considering using the Supreme Court of the United States’ Bruen (2022) ruling to help their client overcome any gun charges that might be brought against him.

Breitbart News observed that the Bruen decision struck down New York’s proper cause requirement for concealed carry license issuance.

Moreover, Justice Clarence Thomas used the Bruen majority opinion to note the Second Amendment protects an “individual’s right to carry a handgun for self-defense outside the home.”

The Times reported that “two people briefed on the matter” indicated “Mr. Biden’s lawyers told Justice Department prosecutors — who were investigating whether to charge him in connection with a gun purchase — that a prosecution of him would likely be ruled moot.”

While Biden faces possible charges for allegedly lying on an ATF Form 4473 when purchasing a gun while possibly being involved in drug use, his attorney, Christopher Clark, believes there are currently cases under appeal that will undercut any charges against him.

Clark believes this is so because the cases under appeal cite Bruen as precedent.

On March 25, 2021, Breitbart News pointed out that Hunter Biden, who is President Joe Biden’s son, may have lied about his history of drug use when filling out ATF Form 4473 for a gun purchase in 2018.

The question on Form 4473 pertinent to Hunter Biden’s alleged 2018 gun purchase asks:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

The would-be gun purchaser is required to answer “yes” or “no.”

On March 27, 2021, Breitbart News noted that Hunter Biden may have given false information on the ATF background check form and explained that the punishment for false answers on that form includes fines up to $250,000 and/or ten years of imprisonment.

https://www.breitbart.com/2nd-amendment/2023/06/01/report-hunter-bidens-attorneys-to-use-pro-2a-scotus-ruling-to-avoid-prosecution-on-possible-gun-charges/

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