President Joe Biden has not been a strong supporter of gun control, and at times has even made some farfetched statements – including a claim that when the Second Amendment was drafted individuals couldn’t own cannons. Likewise, Biden erroneously stated that the gun makers can’t be sued.
He stated, “The only industry in America – a billion-dollar industry – that can’t be sued – has exempt from being sued – are gun manufacturers.” That’s not in the least correct. Gun manufacturers are not entirely exempt from being sued, nor are they part of the only industry with some liability protections.
However, Biden has to ignore his gun control desires, and perhaps allow his troubled son Hunter to go “full NRA” to fight a potential gun charge. It was announced earlier this week that the president’s son will face indictment for lying on a form to purchase a handgun – a felony under federal law.
Not Constitutional Claim
Fox News contributor Jonathan Turley, George Washington University Law School professor, suggested this week that the younger Biden could argue that the law backing the charge is unconstitutional.
At issue is the fact that President Joe Biden fully supports the law!
“Well, because the logical step – if this plea agreement, if the gun part of that plea agreement, collapses – is to challenge the underlying law. There was a Fifth Circuit opinion that held that in another drug case, it was unconstitutional under the Second Amendment to deny that defendant the right to possess a firearm. Most criminal defendants would use that. But that is a law that his father supported, and he’s relying on a case that his father denounced. So this could get pretty wacky, pretty fast,” Turley explained.
Some Notable Differences in the Cases
It is possible that Hunter Biden could claim that he had the right to own a firearm under the Second Amendment.
The Fifth Circuit case involved one Patrick Daniels, who had admitted to smoking marijuana. Daniels was charged with violating 18 U.S.C. § 922(g)(3), which makes it illegal for any person “who is an unlawful user of or addicted to any controlled substance . . . to . . . possess . . . any firearm.”
However, there is a major difference between marijuana, which has been decriminalized in several states, and crack cocaine. Moreover, there is still the issue that the president’s son lied about his drug use on a federal form. Prosecutors could still argue that Hunter Biden didn’t challenge the law, he simply and knowingly lied when responded “no” to the question on the transaction record that specifically asked, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
The president’s son later acknowledged in his memoir “Beautiful Things” that he was struggling with crack cocaine addiction at the time of the purchase.
Hunter Biden bought the handgun from a Delaware gun shop and owned the .38 caliber pistol for about 11 days.
Hunter Biden Facing Indictment
The gun charge had been part of a plea deal and would have gone away if Hunter Biden met certain conditions over a 24-month period. Yet, the plea deal to resolve two tax charges fell apart in court earlier this summer, and the future of the gun deal had been left in limbo.
That was until Wednesday when special counsel David Weiss announced he intended to seek an indictment against the younger Biden. The formal charges are expected to come later this month, but the number isn’t known at this time.
The president’s son could face up to 10 years in prison if convicted.
Author Experience and Expertise
A Senior Editor for 19FortyFive, Peter Suciu is a Michigan-based writer. He has contributed to more than four dozen magazines, newspapers, and websites with over 3,200 published pieces over a twenty-year career in journalism. He regularly writes about military hardware, firearms history, cybersecurity, politics, and international affairs. Peter is also a Contributing Writer for Forbes and Clearance Jobs. You can follow him on Twitter: @PeterSuciu.