Hunter Biden’s legal troubles are now entangled with a federal gun law that is facing legal challenges, raising a thorny issue for President Joe Biden who advocates for tighter gun background checks.
Courts Grapple With Gun Law Constitutionality
Federal courts have started overturning parts of the statute that restricts gun sales or possession for individuals addicted to drugs, citing a 2022 Supreme Court decision that triggered a wave of legal battles surrounding gun laws.
In February, an Oklahoma federal judge dismissed a similar case to Hunter Biden’s charge, deeming it “unconstitutionally vague.” This defendant was pulled over by the police and found with a gun and marijuana in the car.
In August, the Fifth U.S. Circuit Court of Appeals ruled the law unconstitutional in a case involving someone using marijuana while in possession of a gun. This decision has set the stage for a potential Supreme Court ruling.
SCOTUS Dilemma: Precedent-Setting Case on the Horizon
The Supreme Court is scheduled to hear a case on Nov. 7 concerning a provision of the statute that forbids gun possession for individuals under court restraining orders due to domestic violence. Legal experts anticipate this decision could have broad implications.
The law in question, 18 USC 922, is typically used to prevent convicted felons from possessing firearms. However, lesser-known provisions restrict gun ownership for various other reasons. Hunter Biden faces charges under a provision barring individuals addicted to narcotics from owning firearms, potentially leading to a maximum sentence of 25 years in prison if convicted on all counts.
Biden’s lawyer, Abbe Lowell, has threatened to challenge the constitutionality of this statute. While President Biden has pushed for stricter gun laws, this legal challenge from his son adds complexity to his stance.
The legal landscape regarding gun laws shifted after the 2022 Supreme Court decision, New York State Rifle & Pistol Association v. Bruen, which set a legal standard for lower courts to use when reviewing gun laws, emphasizing adherence to the nation’s historical tradition of firearm regulation.
Despite these legal challenges, the Justice Department proposed new rules in August to regulate firearm sales, aiming to close loopholes in unregulated sales, an essential part of President Biden’s gun control agenda.
Further Scandals Plague the Biden Clan
In a recent interview before the House Oversight Committee, Devon Archer, a former business associate of Hunter Biden controversy , shed light on how the President’s son leveraged his father’s reputation as then-Vice President Joe Biden to advance foreign business ventures.
Archer’s alleged that Hunter’s calculated use of his father’s powerful name and the practice of involving Joe Biden in business discussions helped promote the so-called “Biden brand” raising huge ethical and legal questions.
The revelations are seen against the backdrop of an ongoing investigation by the House Oversight Committee into the Biden family’s foreign business dealings.
As the legal battle continues, the Supreme Court’s decision may significantly impact gun restrictions and pose yet another challenge for the President and his family, with the potential to alter the landscape of firearm regulations and interpretations of the Second Amendment.
Georgia Gilholy is a journalist based in the United Kingdom who has been published in Newsweek, The Times of Israel, and the Spectator. Gilholy writes about international politics, culture, and education.