The landmark Second Amendment ruling at the Supreme Court last summer condemned by President Joe Biden is poised to become a legal lifeline for his recently indicted son, Hunter Biden.
The president's son was indicted Thursday on charges stemming from a gun purchase in 2018, including a charge for allegedly illegally possessing the firearm, which could prove to be an uphill battle for prosecutors due to the 2022 high court decision in Bruen v. New York Rifle & Pistol Association, which has been used to scrutinize many federal firearm regulations.Biden's son was charged with violating 18 U.S.
“Our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage," the 5th Circuit wrote in U.S. v. Daniels on Aug. 9. Brandon Beck, an assistant professor at Texas Tech School of Law and former federal public defender, told the Washington Examiner he would"file a motion to dismiss the indictments" if he was representing the younger Biden.
Between Oct. 12 and 23 of 2018, the younger Biden was in possession of the gun, prosecutors allege. The president's son has acknowledged his past drug addiction in public interviews and in his memoir. Hallie Biden, the widow of Hunter Biden's deceased brother, Beau, said she threw the gun into the trash near a Delaware high school after discovering it because she was"scared" for his life and feared he would"use it.
"Because possessing a firearm unlawfully is quite different from lying to the government or lying on a form," he said."So the question that becomes more interesting is, if you lie about something that turns out to be unconstitutional, is it still a crime to lie about it?"
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