“This . . . should deeply trouble us all.” Those words from President Joe Biden were his response to the Supreme Court reaffirming the individual rights under the Second Amendment in New York State Rifle & Pistol Association v. Bruen in 2022. Now, according to the New York Times, Hunter Biden is preparing a possible Second Amendment defense to gun charges under that very case. The idea of the Bidens going Bruen is only the latest glaring contradiction for the First Family as it struggles to contain the scandals surrounding the son of the President. It appears that “The only thing that stops a bad guy with a [Second Amendment claim] is a good guy with a [Second Amendment claim].”
When the Supreme Court handed down Bruen, it was heralded as a great civil liberties victory for gun owners and a great tragedy by gun control advocates. One of the loudest critics was President Biden who expressed his “deep disappointment” and denounced a ruling that he insisted “contradicts both common sense and the Constitution.”
Those nonexistent rights, however, may now benefit his son who is facing clearly false statements contained on a gun form.
Form 4473 is required for gun purchases like the one of Hunter in 2018. It asks:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
Hunter reportedly lied and said “no.” The Bureau of Alcohol, Tobacco and Firearms maintains this ban applies to people who have admitted to using illegal drugs in the 12 months before buying a gun. Hunter Biden was using drugs before, during, and after that period.
We previously discussed the issue which became even greater news when it was learned that the gun was tossed into a trash bin in Wilmington by Hallie Biden, widow of the deceased brother of Hunter. After the death of his brother Beau, Hunter began a sexual relationship with Hallie and she apparently became concerned about what he might do with the gun.
President Biden has demanded “red flag” enforcement that would also appear to target the conduct of his own son.
Now, Hunter Biden could be arguing against some of these laws as unconstitutional under a more expansive view of the Second Amendment. While most courts have upheld the ban on drug users, Hunter’s lawyers reportedly told the Justice Department that they will challenge the law under Bruen where a six-justice majority declared that such limitations must be consistent with the practices during the founding period.
This is not the first glaring contradiction to arise under the Hunter Biden scandals. President Biden has long campaigned against “deadbeat Dads,” but did not utter a word of concern when his son spent years resisting recognizing (or supporting) his daughter until a settlement was raised with the help of a court. He is now trying to reduce those payments. The President and First Lady continue to refuse to acknowledge their granddaughter, Navy, as Hunter opposes her use of the family name.
Biden’s arguments in Arkansas, to paraphrase his new found allegiance, appears to be that “I’ll give you my [more child support] when you pry (or take) it from my cold, dead hands.”
Given his father’s call for greater enforcement of red flag laws and gun controls (including permitting requirements), it will be interesting to see how the Justice Department deals with what appears a knowing violation of the federal gun laws. While this is not the charge that most concerns the White House, it is still a charge that can come with a sentence of up to 15 years in prison.
Ironically, when he committed the alleged violation, the penalty was 10 years. The Bipartisan Safer Communities Act raised the maximum penalty for that offense to 15 years. The president who enthusiastically signed that law was Joe Biden.