Let Hunter Biden assist in overturning unfair and unconstitutional gun laws.

Why Marijuana Laws are Unconstitutional

Imagine if the federal government demanded to know if you were a pot smoker before allowing you to register to vote. Then imagine that admitting you were — even in a state with legalized marijuana — meant being denied the right to vote. And, if you lie about it, you could face up to 15 years in jail.

Fifty-three years ago, Congress passed the Controlled Substances Act, creating a classification system for narcotics. The more fun the drug, the higher it was perched on the government’s “schedule.” Under federal law, for instance, pot was designated a Schedule I narcotic, allegedly among the most dangerous drugs with the highest potential for abuse and no medical use. Other drugs in this category are heroin and meth, and so on. They are all illegal.

The Problem with Federal Law

• States where marijuana has been legalized are technically ignoring federal law.
• There is no enumerated power that authorizes the feds to ban the sale of a plant or narcotics in states.
• The Justice Department uses Schedule I as a justification to strip Americans without any criminal record of their gun rights.

The federal government only ignores the parts of the law it finds inconvenient, which is just another form of lawlessness. Last week, after Minnesota officially legalized pot, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent out a clarification warning that people who smoke weed or take edibles are “still federally defined as an ‘unlawful user’ of a controlled substance” under the Controlled Substances Act and therefore “prohibited from shipping, transporting, receiving, or possessing firearms or ammunition” under the Gun Control Act of 1968.

One of the driving purposes of the ATF, of course, is to inhibit legal gun ownership and to enact policies Democrats have been unable to pass via legislation. But the ATF knows well that several courts have already ruled that banning pot users from owning guns is unconstitutional.

Recent Court Cases

• In a recent Oklahoma case, U.S. District Judge Patrick Wyrick ruled that prosecuting someone for having a gun and pot wasn’t consistent with traditional firearm regulation.
• In a recent Texas case, Judge Kathleen Cardone ruled that the right to a handgun for self-defense “belongs to all Americans” — “the people” — not just the ones the government picks.

To be completely upfront, I don’t believe any non-violent drug users, especially ones who’ve never been convicted of any crime, should be denied their right to own a firearm, even if drugs haven’t been legalized in their state. Demanding people incriminate themselves to practice their rights — and then threatening to convict them if they fail to do so — is an attack on both the Second and Fifth Amendments.

This is really just a long way of saying that I have my fingers crossed that Hunter Biden, the president’s son, will be indicted on gun charges in Delaware. Among many other potential crimes, Hunter is now reportedly being investigated for allegedly lying on a 4473 federal background check form dating back to 2018.

The New York Times reports that Hunter’s lawyers are invoking a recent court case to “stave off” charges. I’m skeptical Hunter will be charged with a gun crime. Proving that someone knowingly misled the feds on a federal background check is difficult to prove, but the very thought of the president’s shady son using this case to blow up more useless and unfair gun regulation, would be some delicious irony.