Wilmington, DE — In a verdict that has reverberated through the political landscape, Hunter Biden, son of President Joe Biden, was convicted on three felony counts related to gun charges.
The case centers around Hunter Biden’s purchase of a revolver in October 2018, where he was found guilty of lying on a federal firearm form and possessing a firearm while being a drug user.
This ruling has not only sparked debate about Second Amendment rights but also highlighted the complex interplay of politics and gun control advocacy.
The Charges
The primary charge against Hunter Biden was a violation of 18 USC 922(g)(3), which makes it illegal for an “unlawful user” of a “controlled substance” to possess a firearm.
In addition to this, Biden was charged with two counts of making false statements on a federal firearm purchase form, ATF Form 4473, where he denied being an unlawful user or addicted to controlled substances.
These charges collectively carry a potential maximum sentence of up to 25 years in prison, although his actual sentence is expected to be much shorter.
Hunter Biden’s defense hinged on the argument that he was sober at the time of the purchase and did not consider himself an unlawful drug user. However, the prosecution presented compelling evidence, including passages from his memoir and testimonies from family members, suggesting that his crack cocaine use was ongoing during the period he possessed the firearm.
Gun Rights Organizations React
Gun rights organizations have responded to Hunter Biden’s conviction with a mix of irony and staunch advocacy for the Second Amendment.
Erich Pratt, Senior Vice President of Gun Owners of America, remarked on the irony of the situation, stating, “Joe Biden has done everything in his power to weaponize his administration against guns, gun owners, and dealers, and it’s incredibly ironic to now see his own son caught up in these efforts.” Pratt highlighted that while the underlying law might be unconstitutional, Hunter Biden should not receive any special treatment.
The Firearms Policy Coalition (FPC) has also weighed in, offering to support Hunter Biden in his constitutional challenge against the charges. “Countless lives are destroyed every year under the federal government’s unconstitutional and immoral regulations. We proudly work to eliminate these laws and create a free world. Just as we have in many other cases, we stand ready to assist Mr. Biden in his challenge of federal gun laws,” said FPC President Brandon Combs.
Silence from Gun Control Advocates
In stark contrast, prominent gun control organizations have largely remained silent on Hunter Biden’s conviction and his expected appeal on Second Amendment grounds.
When asked by POLITICO, seven top gun control groups, including Everytown for Gun Safety and the Brady Campaign, declined to comment on the case. This silence underscores the discomfort and political sensitivity surrounding the case, especially given President Biden’s vocal stance on gun control.
An anonymous gun violence prevention activist explained the reticence: “This is just: ‘No, we’re not going to get in the middle of this shitstorm. Nothing good can come of it.’” The conviction has placed these organizations in an awkward position, as they continue to push for stricter gun laws while the president’s son challenges one of those very laws.
The Broader Implications
Hunter Biden’s legal team plans to appeal the conviction, leveraging recent Supreme Court rulings that have expanded Second Amendment protections. Central to their argument is the 2022 New York State Rifle & Pistol Association v. Bruen decision, which established that gun regulations must align with historical traditions.
Biden’s lawyers argue that the prohibition on drug users possessing firearms fails this historical test.
The outcome of Hunter Biden’s appeal could have far-reaching implications for federal gun laws, particularly the provision barring drug users from owning firearms.
This case, along with others like United States v. Rahimi, which challenges the ban on gun possession by individuals under domestic violence restraining orders, could reshape the legal landscape of gun control in America.
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