Report: Hunter Biden to Assert 2nd Amendment for Crack Use.
Hunter Biden’s Defense Plan: Advocating for the Right to Bear Arms?
The first son faces a probe by the Justice Department over a handgun he purchased in 2018, a time when he has admitted he was often using crack cocaine. Drug users are federally prohibited from owning guns.
Hunter Biden may become an unlikely advocate for the Second Amendment if he’s charged with purchasing a gun while being an active crack cocaine user. According to Politico, lawyers for Biden have told the Justice Department they will use the Second Amendment as a defense for his purchase if he is charged, arguing that the prohibition on gun purchases for drug users is unconstitutional.
But why is this significant? Second Amendment challenges to the ban on drug users owning weapons could result in an expansion of gun rights. The Gun Control Act of 1968 prohibits unlawful drug users from possessing firearms, and violators can receive up to 15 years in prison. However, this provision now faces challenges, as the Supreme Court undid decades of lower-court jurisprudence about the Second Amendment in New York State Rifle & Pistol Association v. Bruen. The court’s six-justice conservative majority ruled that contemporary gun restrictions must be consistent with those of the founding era. This new constitutional test presents a massive opening for people working to loosen gun restrictions, since firearm laws in America’s founding era were, in some ways, extremely permissive.
The White House’s Stance on Gun Restrictions
Hunter Biden’s defense plan comes as the White House moves to expand gun restrictions and bans. President Joe Biden frequently calls for banning “assault weapons,” and the administration also defended a law that prohibits medical marijuana users from acquiring guns.
It remains to be seen how Hunter Biden’s case will play out, but it could have significant implications for gun rights in America.
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