“Hunter Biden requests new federal gun trial,” Reuters reported Monday. “The president’s son had unsuccessfully argued that the law he was charged under was unconstitutionally vague and violated his right to gun ownership under the Second Amendment of the U.S. Constitution.”
Now, his lawyers are arguing on the technicality that “federal appeals court did not give the trial court a formal green light to proceed after dismissing his appeals.”
The case is one this column has been following since November 1, 2020, and while others had already reported on Biden’s sister-in-law-turned-lover Hallie throwing his gun away in a market trash bin, AmmoLand first made the connection that in order to legally buy a gun, he would have had to deny being an unlawful user of controlled substances on the ATF Form 4473 Firearm Transaction Record, where making false statements is a felony.
Even if the new trial tactic works and delays things further, it will still just kick the can down the road, albeit it can possibly delay proceedings and results until after the November election. But ultimately, unless power and privilege can provide another “out” never applied to the masses, Biden will have to face the results of the Rahimi decision, wherein the Supreme Court upheld, by eight to one, the law prohibiting firearms to those under domestic violence restraining orders.
Chief Justice John Roberts was stretching it– there’s a world of difference between “misusing” and “possessing.” There was nothing comparable to a restraining order at the time of ratification — those who received due process and were convicted were removed from society.
The other media-identified “conservatives” on the court straying from Second Amendment adherence, the “good” Bruen judges, have been exhibiting other opinions that are cause for gun owner concern of late. Amy Coney Barrett recently expressed doubts on “relying… on history and tradition” in a trademark case. Between that, Neil Gorsuch playing for the other team on deporting illegal aliens, Samuel Alito giving “how to ban” instructions in his Cargill (bump stock case) concurrence, and Brett Kavanaugh looking the Bruen gift horse in the mouth, it’s becoming more and more apparent that lone Rahimi dissenter Clarence Thomas, target of continued Democrat attacks aimed at forcing him off the bench, is the only one on the court who consistently “gets it.”
The upshot of all this is that when Hunter Biden finally has no place left to turn, he’ll be facing Supreme Court precedent that indicates those who fall under the statutory definition can be barred from having guns and punished for violating the prohibition.
No fair, cries far-left Jamie Raskin, ranking Democrat on the House Oversight Committee and as committed an enemy of the Second Amendment as ever broke his oath to uphold the Constitution. While disparaging IRS whistleblowers testifying on alleged misconduct in Biden investigations, Raskin trivialized the gun prosecution as a “rich guy exercising his Second Amendment rights” and declared that Hunter “received no special treatment.”
With all the ways Raskin and his comrades have proposed to try and put their countrymen behind bars for claiming what the Framers would have considered their birthrights, you’d think someone posing as a full-on, woke DEI social justice jihadist would be outraged by the nepotism and “white privilege” Biden avails himself of that are not available to “lesser” Americans, and particularly to minorities and women.
Cases in point, Raskin should explain his contention to his minority constituents and then square that against the prosecutions of:
Deja Taylor, a young black mother “charged with being an unlawful user of a controlled substance in possession of a firearm and making a false statement during the purchase of a firearm.”
Jakobe McCray Woullard, 19, who “pled guilty … to being an unlawful user of a controlled substance in possession of a firearm.” Woullard was found to be in possession of “one” round of ammunition, he was charged for that and sentenced to “115 months of confinement on his new offense and 24 months for violating his federal supervised release” for his previous offense of smoking marijuana and being in possession of a firearm.
Kenta Quenshawn Hopson Jr., a “known marijuana user [who] marked that he was not a marijuana user on the form.” He’s also black.
Of course, Biden has received, and will continue to receive “special treatment.” Start with the fact that none of the above defendants had anywhere near the wherewithal to mount the legal defenses he has. And if the subject is violating what the gun grabbers falsely call “commonsense gun safety laws,” there’s more, And it involves more than Hunter.
Using John Roberts’ Rahimi criteria as a guide, Biden wasn’t just “possessing,” but as his conduct of being armed while illegally drugged demonstrates, he was actively “misusing.”
Then there’s the question of how Halle Biden got hold of his gun, from the glove compartment of Hunter’s truck. He wasn’t complying with the prohibitionist demand for “safe storage,” and punishing owners for unsecured guns being stolen from cars is another Democrat priority being passed by states with an eye toward doing it everywhere, in Everytown.
And then there’s the question of Halle Biden taking the gun without permission, that is, stealing it, in effect also doing an unlawful transfer, and then illegally transporting it to the market trash bin where she further went on to endanger the public. What must Deja Taylor think of that?
The Democrat agenda on guns is shown for the absurd, discriminatory, and evil farce that it is when the biggest citizen disarmament proponents out there are either making excuses for Hunter Biden or ignoring the story altogether, and you can prove that to yourself: Find a statement from the major gun grab groups, Everytown, its wholly owned Moms Demand subsidiary, Giffords, Brady, Marx for Our Lives, any of them, condemning Hunter Biden’s flagrant violation of everything they would impose on the rest of us under force of government arms. Find their demands that he be prosecuted and sentenced to the full extent of the law.
As for sentencing, per CNN:
While the three felonies Biden was convicted of carry a maximum sentence of more than two dozen years behind bars, the sentencing guideline, former federal prosecutor Tim Jansen told CNN, is between 15 and 21 months in prison. The actual sentence, however, will up to the judge.
Thus the demand for a new trial that he can afford, thanks to a “career” made possible by family connections.
One would think if the collectivists really believed all their B.S. about equity, instead of trying to eviscerate the Second Amendment they would demand it as the most egalitarian power sharing arrangement ever devised. That they don’t should tell anyone with eyes all they need to see about those who want their guns.
And one would think that a rational society, after seeing everything that doesn’t work, would eventually come to the conclusion that prohibitions not only don’t work, they make things worse, and that if someone has proven, with full due process, that they can’t be trusted with a gun, the only solution is to keep them separated from those they would victimize.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
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