A landmark Second Amendment Supreme Court ruling that President Joe Biden called “an affront to common sense and the Constitution” has become an element in his son’s legal defense, The New York Times reported Wednesday.
After the Supreme Court struck down New York state’s concealed carry law in its June 2022 New York State Rifle & Pistol Association Inc. v. Bruen ruling, the president said he was “deeply disappointed” and vowed to” protect Americans from gun violence.” Yet his son’s lawyers cited the same decision in an effort to persuade Justice Department prosecutors that a prosecution against him for one allegation—lying on a federal firearms application—would be found to be moot, two people briefed on the matter told The New York Times.
Hunter Biden’s lawyers point to pending appeals court cases that use the Bruen decision to challenge aspects of the federal firearms background check system, the NYT reported.
One case in the Third Circuit, brought by a Pennsylvania man denied a gun permit for a decades-old misdemeanor welfare fraud conviction, challenges the 4473 form, which purchasers are required to fill out when buying a gun. Hunter Biden is accused of lying on the 4473 form in 2018 when asked if he was addicted to any drugs or controlled substances.
In February, a three-judge panel struck down a law restricting people under domestic violence restraining orders from owning guns, highlighting how the Supreme Court’s ruling is impacting challenges to federal gun regulations. Hunter Biden’s lawyers cited a separate February ruling by an Oklahoma City federal judge that found a law barring marijuana users from owning guns to be unconstitutional, the NYT reported.
Gun regulations must be “consistent with this Nation’s historical tradition of firearm regulation” in order to be constitutional, Justice Clarence Thomas wrote in the Bruen majority opinion. New York’s law forced applicants for a license to conceal carry in public to prove “proper cause” for receiving one.
David C. Weiss, the U.S. attorney in Delaware currently investigating Hunter Biden, has not said what he thinks about the suggestion of his lawyers, according to the NYT. Hunter Biden is also under investigation for alleged failure to pay taxes.
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