Tag: Hunter Biden
Posted on Tue Jun 11, 2024 at 10:06:07 PM EST
Tags: Hunter Biden (all tags)
The Delaware federal jury in the Hunter Biden trial found him guilty on all three charges. One count was possession of a firearm by a prohibited person under 18 USC Sec. 922(g)(3), which prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from possessing a firearm that has moved in interstate commerce. The other charges involved making false statements on a form he filled out when buying the handgun in Delaware in 2018, in violation of 18 U.S.C. §§ 922(a)(6) and 924(a)(1)(A).
Factually, Hunter's case is as tawdry as they come. But, there are two interesting legal issues, which likely will be bases for his appeal. The first is whether 18 USC § 922(g)(3) is unconstitutional. In a recent Supreme Court case called Bruen , available here, the Court changed the test for deciding whether gun regulations pass constitutional muster under the Second Amendment.
Boiled down to the simplest of terms, under Bruen, if the person wasn't excluded (or a member of an analogous group of persons excluded) from having rights under the the Second Amendment when the Consitution was ratified in 1791, they can't be excluded now. [More...]
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