(USNewsMag.com) – It turns out that recent firearms rights rulings by the US Supreme Court may benefit Hunter Biden in his contesting of the gun-related charges against him, which he pleaded not guilty to on Tuesday.
Hunter Biden, the 53-year-old son of President Joe Biden, appeared in court on Tuesday and pleaded “not guilty” to the firearms charges that were part of a recent plea deal that was struck down in July. The first son was charged with unlawful possession of a firearm while lying about using drugs in 2018 on the form for the background check required to purchase the Colt Cobra revolver.
Hunter Biden’s lawyers argued that the legal battle, which will take place during his father’s campaign for re-election, is unconstitutional. During the court session, Hunter Biden’s head attorney, Abbe Lowell, announced his client’s plea of “not guilty to the three counts brought against him” and said they plan on filing a motion to have the charges dismissed.
Hunter Biden has acknowledged his addiction struggles in the past, including abusing crack cocaine in 2018 during the period when he purchased the revolver. His lawyers argue he didn’t break any laws, and recent Supreme Court standards found that drug users are allowed to possess a firearm according to the Second Amendment. They also noted that recent drug tests on the first son came up negative.
One specific ruling favoring Hunter Biden’s argument is the June 2022 decision in New York State Rifle & Pistol Association Inc. v. Bruen, which set a standard that gun restrictions must be in line with the “historical tradition of firearm regulation” in America.
Lowell said they will “demonstrate” in court that, according to a “recent ruling by several federal courts, the “statute” against Hunter Biden is “unconstitutional” and means “he did not violate that law.”
As noted by a constitutional law professor at UCLA, Adam Winkler, it would be ironic “if a case greatly expanding Second Amendment rights” ends up having the title “Biden v. United States,” as Democrats typically oppose such loose gun laws.
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