U.S.A. – -(Ammoland.com)- ATF will neither confirm nor deny the existence of any records related to Hunter Biden’s reported gun purchase because public interest is outweighed by his privacy interests, the Bureau asserted in a Motion for Summary Judgment filed Friday in the United States District Court for the District of Columbia. That information, ATF argues, is protected by Freedom of Information Act exemptions, and therefore Judge Rudolph Conteras should grant its motion and order the case dismissed.
That’s the CliffsNotes version of the filing, embedded below, the latest action in a story that began in late October of 2020 with a report that in 2018, Biden’s then love interest, his brother’s widow Hallie, had taken his gun after a dispute and thrown in it a supermarket trash bin.
This column followed up on that two days later by pointing out that the time Biden purchased the gun coincided with documented periods of reported continued substance abuse, and that this would have disqualified him from purchasing a firearm unless he attested “No” to the controlled substance question on the required ATF 4473 Firearms Transfer Record.
Lying on that form is a federal felony.
That report was followed up with FOIA requests filed by attorney Stephen Stamboulieh to both ATF, and the Secret Service. Secret Service had also been reported to be investigating the Biden gun incident.
The Secret Service initially failed to produce documents claiming it was not involved. I filed a FOIA complaint because separate reports, including a report of a text from Hunter Biden claiming the Secret Service was involved, contradicted that claim.
In response to my complaint, Secret Service provided an affidavit under penalty of perjury denying involvement, so that my FOIA complaint was dismissed.
ATF took a different approach, alternately saying I don’t qualify as a journalist, that they couldn’t find responsive records, and that they made a mistake and shouldn’t have responded because Hunter Biden’s privacy interests take precedence.
I appealed that decision. Unsurprisingly, the Department of Justice backed ATF in denying that appeal. In response, Stamboulieh filed a complaint on my behalf to compel ATF to answer the FOIA request.
That brings us to where we are now.
ATF Asks Judge to Order Hunter Biden Gun Inquiry by AmmoLand News Closed
It’s interesting that, in spite of all the legal machinations, ATF did not just come back and deny involvement like the Secret Service did. The Bureau’s and DOJ’s stonewalling and obfuscation has been noted before, notably in its response to Operation Fast and Furious “gunwalking” investigations culminating in then-Attorney General Eric Holder being found in contempt of Congress.
It’s also interesting and revealing to note that all attempts to get to the bottom of this have been made primarily by AmmoLand News. Democrat politicians, media organizations, and “gun control” groups have deliberately remained silent on this, even though it involves potential serious violations of all the “gun laws” they insist are desperately needed. It’s called lies of omission, and it really illustrates better than anything that what these people are really about is political power, and the issues they wrap themselves in to achieve it will be conveniently ignored when they get in the way.
This is the scandal-tainted public figure son of a sitting president who has made such laws a centerpiece of his administration. What use are “universal background checks” if lying on 4473s by connected elites is suppressed by administration functionaries? What about “red flag laws”? AmmoLand investigative journalist John Crump made an excellent observation on the circumstances of Hallie Biden taking Hunter’s gun because she was afraid he might harm himself, and “for the kids.”
The case could also be made that Hallie Biden’s actions, first “transferring” the gun to herself without permission and then disposing of it where it was reportedly retrieved by someone rummaging through the trash, is either a “theft of firearm” felony and/or a violation of Delaware’s “universal background checks” law.
Since such laws will be imposed on all Americans, arguing that admissions Biden has himself made public will violate his privacy goes beyond absurd. It suggests strong circumstantial reasons for the public to question if orders to contain this have come from the top. Just look at the legal resources that have been invested to keep from answering simple questions of demonstrable public interest.
Regardless of how the judge rules on the proposed Motion for Summary Judgment, there is still one avenue to explore that bypasses the feds: Submit a FOIA request to the Delaware State Police.
Embedded below is the ATF filling consisting of five merged documents:
- Defendant’s Motion for Summary Judgment
- Declaration of BATFE Chief, Information and Privacy Governance Division
- Email Exhibits
- Statement of Material Facts Not in Dispute
- Proposed Order
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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