Reuters
[Source: Reuters]
U.S. President Joe Biden’s son Hunter asked a federal judge to dismiss criminal gun charges against him because the law is unconstitutional and government lawyers had earlier agreed not to prosecute him, his legal team said in Monday court filings.
The law used to charge Hunter Biden is likely unconstitutional under the reasoning that the U.S. Supreme Court has said should be applied when assessing limits on firearms, according to a filing in federal court in Wilmington, Delaware.
Hunter Biden, 53, was indicted in September with lying about his drug use when he bought a firearm, becoming the first child of a sitting president to be charged with a felony. The spokeswoman for the U.S. special counsel who brought the charges did not immediately respond to a request for comment.
The Supreme Court said in 2022 in a case known as New York State Rifle and Pistol Association v. Bruen that gun restrictions must be consistent with the U.S. “historical tradition of firearm regulation.”
Hunter Biden’s legal team said that the framers of the U.S. Constitution were well aware of problems caused by intoxication but there is no history of preventing substance abusers from acquiring firearms.
“In truth, the statute is indefensible under the Bruen framework,” said a filing by Hunter Biden’s legal team.
The gun charges are separate from criminal tax charges that were filed against Hunter Biden on Thursday in federal court in California, accusing him of failing to pay $1.4 million in taxes while living a lavish lifestyle. Hunter Biden’s lawyer said he repaid the taxes in full.
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