Attorneys for Hunter Biden argued in federal court on Monday that gun charges against him should be dismissed due to a previous plea deal that they allege still grants him immunity, further arguing that the case amounts to an “unconstitutional” violation of his Second Amendment rights.
President Joe Biden’s son was indicted on three felony charges for falsifying information on a background check to purchase a firearm.
Hunter, according to reports, responded “no” to a question on a Firearms Transaction Record that asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Hunter bought the weapon in October of 2018. He has a well-documented history of drug addiction and a video surfaced from that same month showing Hunter naked and waving around a handgun while playing around with a prostitute. One report provided a still photo from the clip of what appeared to be crack cocaine and drug paraphernalia.
If convicted, Biden faces a maximum of 25 years in prison. He pleaded not guilty to the charges.
Hunter Biden Cites Second Amendment In Effort To Drop Gun Charges
The documents filed by Hunter’s team asserting that he is the victim of an “unconstitutional” attack on his Second Amendment rights is a remarkable affront to his father’s philosophy on gun control.
Should former drug addicts be denied the right to bear arms? Attorney Abbe Lowell argues recent court rulings mean the charges against his client are baseless.
“Because persons protected by the Second Amendment can no longer be denied gun ownership due simply to past drug use … any false statement by Mr. Biden concerning his status as having used a controlled substance no longer concerns ‘any fact material to the lawfulness of the sale’ of a firearm,” he wrote.
“Quite simply, asking about Mr. Biden’s status as a user of a controlled status is constitutionally irrelevant to whether he can be denied his Second Amendment right to gun ownership,” added Lowell.
Just last month, President Joe Biden’s Department of Justice argued in court in support of a ban on drug users owning guns.
“Users are unlikely to put their guns away before using drugs and retrieve them only after regaining lucidity,” a DOJ attorney wrote.
Could prosecutors use President Biden’s own DOJ in arguments against his son?
RELATED: Newly Released Video Shows Nude Hunter Biden Waving Around A Gun With Prostitute
Claims Plea Deal Still Grants Him Immunity
Hunter’s legal team, in another attack on the President’s Justice Department, claimed that the elevation of Delaware U.S. Attorney David Weiss to Special Counsel under Attorney General Merrick Garland was “unlawful.”
Prior to being named Special Counsel, Weiss had given the President’s son a sweetheart arrangement that allowed Hunter to have the charge related to possessing a firearm while being an illegal drug user dropped, so long as he completed a two-year period of probation.
Hunter’s lawyer argues that the plea deal, which fell through in dramatic fashion and led to the current predicament, still grants their client immunity.
They insist President Biden’s son should have “sweeping immunity” from this case.
National Review columnist Charles Cooke reports that the court filing sets up a “Hunter Biden v. Joe Biden Second Amendment case.”
“It is going to be extremely awkward for Joe Biden to see his son fighting a prosecution that has been brought by his own Department of Justice on legal grounds that he has argued make America less safe and ought to be reversed,” Cooke explains.
Hunter Biden as gun rights advocate becomes even more awkward when you recall that President Biden allegedly once referred to Second Amendment supporters as “tea baggers” in a private conversation.
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