Hunter Biden might use a new legal defense stemming from a ruling passed by the six-justice conservative majority in the Supreme Court in the past that pertains to gun ownership rights under the Second Amendment.
President Joe Biden's son is being investigated for failing to file taxes related to a business expense for one tax year, but he denied any wrongdoing in the tax case and said that he handled his matters "legally and appropriately." This case expanded to also include a possible gun-related charge in connection with Hunter allegedly making a false statement on a form linked to a gun purchase in 2018. The prosecutor leading the DOJ probe is U.S. Attorney David Weiss, a Trump-era appointee.
In May, Attorney General Merrick Garland said that Weiss is "capable of making any decisions that he feels are appropriate," and that he will not cave into political pressure. Hunter Biden, however, might have an edge in his case amid the ongoing nationwide debate about strengthening gun ownership rights.
The Democratic president's son previously said that he was regularly using cocaine in 2018–the year he made a gun purchase that is currently being investigated, according to Politico.
Drug users are banned from owning firearms under federal law. However, Hunter Biden's lawyers told the Department of Justice that if their client faces gun crime charges, they will challenge the federal law, banning drug users from bearing firearms, under the Second Amendment, a person familiar with the matter told Politico.
The Gun Control Act of 1968 prohibits unlawful drug users from owning firearms. The Bureau of Alcohol, Tobacco and Firearms stated that this ban applies to those who have admitted to using illegal drugs in a period of 12 months prior to their gun purchase. Those who violate the law could be jailed for up to 15 years.
However, the constitutionality of the law has been questioned after the Supreme Court ruled in the New York State Rifle & Pistol Association v. Bruen in 2022 that a New York State gun control law is unconstitutional. The 1911 Sullivan Act is a law that requires those applying for a license to carry a concealed weapon to show proper cause or a special need in their application. The SCOTUS 2022 ruling stated that carrying a pistol in public is a constitutional right under the Second Amendment.
Other courts began to question the ban on drug users owning guns following the SCOTUS ruling. That same year, Utah federal district judge Jill Parrish ruled that the ban was unconstitutional because it lacks clarity in defining the word "user." Parrish's ruling was based on the Fifth Amendment not the Second Amendment, but still, the Buren case strengthened challenges made against the drug users' gun ownership ban.
Hunter Biden has been heavily scrutinized by Republican critics because of his legal issues. Top House Republicans have also vowed to investigate Hunter Biden's various business dealings, with some saying that the Department of Justice (DOJ) is not doing an adequate job.
Newsweek reached out by email to the public affairs office in the U.S. Attorney's Office District of Delaware, but they declined to comment.
Update 06/01/2023 5:08 p.m. ET: the story has been updated to reflect the U.S. Attorney's Office District of Delaware declined to comment.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Fatma Khaled is a Newsweek weekend reporter based in New York City. Her focus is reporting on U.S. politics, world ... Read more
