Posted on 12/11/2023 4:42:49 PM PST by Libloather
Hunter Biden's lawyer filed a motion to dismiss felony gun charges against him Monday, invoking the 2nd Amendment just days after the president's son got slapped with a nine-count indictment for alleged tax crimes.
Attorney Abbe Lowell, who is forcefully confronting prosecutors' arguments in both cases, made the filing in federal court in Delaware, where Hunter is accused of lying on a form when purchasing a Colt Cobra revolver in 2018 – at a time when he has written he was abusing crack cocaine and other substances.
He cited recent court rulings on gun ownership including a recent Appeals Court decision striking down prohibitions on prohibitions on drug users possessing firearms.
'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,' Lowell wrote in the 12-page filing.
It calls out prosecutors for bringing charges on a 'rarely used statute.'
The filing, while possibly helpful to the defendant, turns to rulings holding up gun rights at a time when President Joe Biden has repeatedly called to bring back federal regulation of assault-style weapons following a string of more than 600 U.S. mass shootings in a single year.
Lowell calls gun control a 'politically charged topic,' but says the Supreme Court 'held that an individual’s right to possess a handgun is “presumptively” protected by the Second Amendment.'
'In truth, the statute is indefensible,' he writes, pointing to the recent ruling by the Fifth Circuit Court of Appeals. (Delaware is in the Third Circuit, but Lowell says the different circuits would likely agree).
He says there is no historical precedent for 'disarming citizens based on their status of having used a controlled substance.'
(Excerpt) Read more at dailymail.co.uk ...
the drug abuse is practically irrelevant here: the actual crime is knowingly LYING on Form 4473! ... which essentially has little to do with the Second Amendment IF the Brady Bill is Constitutional in the first place ...
Democrat Party lawyers REALLY know how to wiggle...
“...and charging him for buying a weapon while on drugs violates the Second Amendment”
What does this “Second Amendment” have to do with anything, as all I ever hear is that it’s a RIGHT WING CONSPIRACY.
Stringing it out. A million legal motions...each one taking two months to resolve. There’ll be plenty of time for Presidential pardons after next November 5th.
Hunter’s DemonKKKRAT lawyers are, again, playing ‘hide the potato.’ They would be willing to sell their mothers to bury Hunter’s gun ownership application fraud.
Sounds like Contempt of Court and the judge should have jailed the lawyer
I don’t think the Second Amendment comes into this — at least not directly. It’s a process crime. He didn’t do his paperwork properly (i.e. he lied on a federal form).
Two outcomes:
Get rid of all the paperwork involved in firearm ownership. All that paperwork is a violation of the Second Amendment.
or
Get rid of all gun control entirely. All gun control is a violation of the Second Amendment.
Seems like the Democrat defense team wants to go in one or both of these directions. And I encourage them in their efforts.
I’m sure Weiss is submitting Amicus briefs in favor of dropping the charges.
The gun charge was there to hide the tax evasion charges. Hunter signed the form and bought the gun himself. The tax evasion pointed back to the entirety of Biden Incorporated (a wholly owned subsidiary of Ukraine and China).
From the headline...
“buying a weapon while on drugs violates the Second Amendment”
Technically, they’re correct.
Hunter is accused of lying on a 2918 purchase form for a Colt Cobra revolver
but he’s trying to weasel out of the charges, saying he was “out of it,”
a full blown druggie, abusing crack cocaine, and other substances, at the time.
What a crock.
During periods where Hunter claims to have been “out of it,” a “hopeless junkie,”
<><>he was a key player in a global influence-peddling scheme,
<><>he had a full-fledged tax-paid Secret Service detail
<><>he was jetting globally, getting free rides on Air Force Two
<><>he was selling out the US, left and right
<><>he was undermining American families’ safety and security,
<><>he was setting up a sophisticated money laundering operation
<><>he was coordinating a complex labyrinth of LLC accounts
<><>AND netting millions of dollars for himself, dad, and the Biden Crime Family.
I’d be fine letting Hunter off in return for a guaranteed literal application of the second amendment in all gun control cases.
I’d be fine letting Hunter off in return for a guaranteed literal application of the second amendment in all gun control cases.
.
Turns out the Media actually Loves the Privileged & Rich.
Joe claimed his Net Worth was $150k in documents and his two drug and sex addicts were driving Porsches and Hunter had a small Yacht and was collecting Diamonds.
and that’s why he lied……he was stoned out of his mind!
LOL! So NOW the 2nd amendment counts. 🖕
Oh I don’t think Hunter wants the Judge in that case to get involved.
That's an interesting gambit.
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