Legal Defense For Hunter Biden Challenges Gun Possession Charges, Citing Recent Federal Cannabis Ruling

In a twist that intersects law, politics and personal choices, attorneys representing President Joe Biden's son Hunter have raised a thought-provoking argument before the Justice Department.

Citing a recent federal court ruling on gun rights for individuals who consume marijuana, they contend that any charges linked to allegations of false statements regarding drug use on a federal firearms purchase form should be null and void, per Politico.

About The Hunter Biden Case

The case revolves around a 2018 handgun purchase by Hunter Biden, during a period when he admitted to being a regular user of crack cocaine.

Hunter Biden's defense team is contesting the effectiveness of the prosecution, specifically focusing on the claim that he falsely denied being an unlawful drug user on the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) form.

They point to the ongoing scrutiny surrounding the constitutionality of the drug question itself, particularly in relation to cannabis. Notably, they cite a recent ruling in the U.S. District Court in Oklahoma, which declared the ban on marijuana consumers purchasing and possessing firearms was unconstitutional.

This legal challenge could lead to a unique and potentially contentious situation, as the Biden administration may be forced to defend the policy against the president's own son if charges are brought.

The court ruling in the marijuana case draws upon the precedent set by the Supreme Court in New York State Rifle & Pistol Association v. Bruen, which states that gun restrictions must align with the historical context of the Second Amendment's original ratification in 1791, reported Marijuana Moment.

What's Next?

The Justice Department has appealed the district court's decision, and other cases related to firearm possession by cannabis consumers are scheduled to be heard by the U.S. Court of Appeals. President Biden, while not directly addressing the lawsuits, has expressed confidence in his son's integrity. The ATF maintains that the ban on firearms for marijuana users is enforceable, even in states where marijuana has been legalized.

However, the agency has updated its own employment policy to offer consideration to applicants who have engaged in marijuana-related activities in compliance with state laws while in positions of public responsibility.

The intersection of gun rights, marijuana use, and legal challenges surrounding these issues continues to raise legal and constitutional questions. The outcome of Hunter Biden's case and the ongoing lawsuits may have implications for both individuals and the broader policies surrounding firearm ownership and cannabis use.

Related News

Guns And Weed Don't Mix: Newly Legal Minnesota Already Got The ATF Warning Letter

Federal Court: Gun Ban On Marijuana Users Unconstitutional In A New Texas Ruling

DOJ Addresses Whether Medical Cannabis Patients Can Own Firearms: What Does It Mean For Cocaine, Fentanyl?

Image Credits: mwewering and PeterPike by Pixabay Edited By Benzinga