Posted on 05/29/2024 4:57:06 PM PDT by Libloather
Hunter Biden’s last-ditch effort to throw out the federal gun charges against him failed ahead of his criminal trial set to begin next week.
The Third Circuit Court of Appeals rejected on Tuesday Hunter Biden’s appeal of Judge Maryellen Noreika’s decision to deny his motion to dismiss the gun charges on Second Amendment grounds. The court dismissed Biden’s appeal because it lacks jurisdiction.
“Criminal defendants ordinarily cannot appeal until after final judgment,” the appellate panel wrote in a two-page order. “The defendant’s Second Amendment defense does not implicate a right not to be tried that can be collaterally appealed.”
The panel consists of one appointee by former president George W. Bush, another by former president Barack Obama, and an appointee of Hunter’s father, President Joe Biden.
The court suggested Hunter Biden’s Second Amendment appeal could be reviewed after final judgement. Biden’s attorneys are set to make the Second Amendment a major component of their defense, court filings show, despite President Biden’s support for stringent gun restrictions.
Hunter Biden is facing three federal gun charges in connection to a firearm purchase he made while he was addicted to crack cocaine. Prosecutors are accusing Biden of lying on mandated gun purchase forms and possessing the firearm during a time period when he was addicted to hard drugs. He has pleaded not guilty to the charges.
Biden’s defense team also appears prepared to dispute the meaning of terms such as “is,” “addict,” and “user” to argue Biden was not a drug addict at the precise moment he filled out the forms and purchased the gun.
Last week, Noreika ruled the prosecution would not have to show Biden was using a controlled substance on the day of the gun purchase, a major win for the prosecution. Prosecutors will be allowed to use portions...
(Excerpt) Read more at nationalreview.com ...
Second Amendment for me, but not for thee, says a privileged Biden unconvicted felon.
From all we’ve read so far, Hunter is a major league crook along with his daddy.
But I’d like to see him answer to any real crimes and not some unconstitutional “gun charge”
We need to get closer back to the Constitution including our individual liberties
just saying
I hope soon.
It would be a delicious irony if this case gets these laws overturned under Bruen.
YES INDEED!
wonderful idea
Hunter Biden loses another ‘frivolous’ bid to stop Delaware gun case
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