Attorneys for Hunter Biden have filed a motion declaring that a law preventing drug users from buying and possessing firearms is unconstitutional.
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Hunter Biden, the son of President Joe Biden, is facing multiple misdemeanor and felony charges (United States of America V. Robert Hunter Biden), some stemming from his admission that he purchased a gun while addicted to illegal drugs. Now, his attorneys have filed a motion to dismiss the charges with the US District Court for the District of Delaware.
Biden’s attorneys argue that the gun charges are a violation of the Second Amendment, saying that preventing drug users from buying or possessing guns is an unconstitutional law that flies contrary to a recent US Supreme Court decision which found that in order to be constitutional, a gun law has to be analogous to a law that existed when the founding fathers established the constitution.
“Sections 922(g)(3) is very broad (unconstitutionally so), covering millions (if not tens of millions) of gun owners who use substances controlled under federal law, including marijuana, even if those drugs are legal at the state level”, states the motion. “Yet they are almost never used”.
Biden’s attorneys note that over 16 million gun owners have violated the same law and “could be subject to criminal prosecution [for the] exact conduct of which Mr. Biden is accused.”
Biden’s lawyers argue that because federal prosecutors cannot prove that he was on drugs when he purchased the guns, it would be unconstitutional to charge him.
It’s unclear if Biden’s argument will hold weight with the court. If it does, it could impact numerous other cases both present and future.
