Hunter Biden's lawyers try to DISMISS gun case: Legal team insists collapsed plea deal is STILL in place and charging him for buying a weapon while on drugs violates the Second Amendment

Daily Mail ^ | 12/11/23 | Geoff Earle

[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.'

[maddog55]

So buying a gun while on drugs is a 2nd amendment issue? How F’d up are these lawyers?

[Repealthe17thAmendment]

That’s one of the things that’s so screwed up about the law. He was willing to plead guilty as part of a sweet immunity deal, but when that fell apart, his lawyer claims the law is unconstitutional.

[SunkenCiv]

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