Washington Examiner
Kaelan Deese
Legality of Hunter Biden gun charges challenged by Supreme Court Bruen ruling
September 17, 2023 07:00 AM
The landmark Second Amendment ruling at the Supreme Court last summer condemned by President Joe Biden is poised to become a legal lifeline for his recently indicted son, Hunter Biden.
The president's son was indicted Thursday on charges stemming from a gun purchase in 2018, including a charge for allegedly illegally possessing the firearm, which could prove to be an uphill battle for prosecutors due to the 2022 high court decision in Bruen v. New York Rifle & Pistol Association, which has been used to scrutinize many federal firearm regulations.
Biden's son was charged with violating 18 U.S. Code § 922(g)(3), which bars firearm ownership by anyone who is an “unlawful user of or addicted to any controlled substance” and is punishable by a fine or up to 10 years in prison if convicted.
That same statute has been challenged in lower courts after the 6-3 Bruen ruling, which saw the six-member Republican-appointed majority on the high court declare gun regulations must be “consistent with the Nation’s historical tradition of firearm regulation” and has resulted in at least a dozen state and federal gun control laws being partially or completely held unconstitutional.
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