Hunter Biden to Claim Second Amendment Protects His Right to Own a Gun While Addicted to Crack

HARK! · Jun 11, 2023

Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during a time in his life in which he had admitted he was addicted to crack cocaine

Hunter Biden to Claim Second Amendment Protects His Right to Own a Gun While Addicted to Crack: Report

Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during

ijr.com

RocksInMyHead · Jun 11, 2023

HARK! said:
Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during a time in his life in which he had admitted he was addicted to crack cocaine

Hunter Biden to Claim Second Amendment Protects His Right to Own a Gun While Addicted to Crack: Report

Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during

ijr.com

Provided that he did not have a felony conviction, that was indeed his right. That's how our laws work (and there's case law to back it up). If you want to change that, I would fully support requiring a drug test before any firearm purchase.

Lying on the ATF form is a separate issue, and should be prosecuted accordingly, assuming that prosecutors can prove beyond a reasonable doubt that he lied.

IceJad · Jun 11, 2023

And how will that exclude him from all the background checks required to own a gun?

All this is going to end up with is: my daddy will apply whatever political leverage to ensure my gluttonous maximus stays free.

Pommer · Jun 11, 2023

HARK! said:
Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during a time in his life in which he had admitted he was addicted to crack cocaine

Hunter Biden to Claim Second Amendment Protects His Right to Own a Gun While Addicted to Crack: Report

Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during

ijr.com

Did he keep a copy on his laptop, one might wonder?

Yttrium · Jun 11, 2023

HARK! said:
Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during a time in his life in which he had admitted he was addicted to crack cocaine

Yes, that's a hard fail. Unless the courts say otherwise. This is all very confusing.

HARK! · Jun 11, 2023

RocksInMyHead said:
Provided that he did not have a felony conviction, that was indeed his right.

Because even once one has paid for his crime; his unalienable rights will never be restored?

HARK! · Jun 11, 2023

Yttrium said:
Why wouldn't he be?

Good question.

"the right of the people to keep and bear Arms, shall not be infringed."

ThatRobGuy · Jun 12, 2023

RocksInMyHead said:
Lying on the ATF form is a separate issue, and should be prosecuted accordingly, assuming that prosecutors can prove beyond a reasonable doubt that he lied.

There's only one of two possible scenarios (given that he was pretty open about his drug addiction problems)

He understood the question on the form, and lied.

He didn't read the questions on the form carefully and just cruised through the list checking the 'no' box on all the disqualifying factor questions.

Neither casts him in a particularly good light given his political affiliation.

And it certainly has to be "egg on the face" for his dad.

While Hunter is "his own man" so to speak (Biden certainly can't tell his 40-something year old kid what to do), it'd be the equivalent to if there was a staunch anti-drug republican politician who constantly spoke fondly of their son, and then it turns out their son was a regular drug user.

RocksInMyHead · Jun 12, 2023

ThatRobGuy said:
There's only one of two possible scenarios (given that he was pretty open about his drug addiction problems)

He understood the question on the form, and lied.

He didn't read the questions on the form carefully and just cruised through the list checking the 'no' box on all the disqualifying factor questions.

Neither casts him in a particularly good light given his political affiliation.

And it certainly has to be "egg on the face" for his dad.

While Hunter is "his own man" so to speak (Biden certainly can't tell his 40-something year old kid what to do), it'd be the equivalent to if there was a staunch anti-drug republican politician who constantly spoke fondly of their son, and then it turns out their son was a regular drug user.

Whether or not something "looks good" is irrelevant to the legality. He lied on the form, but at this point, that can't really be proven (at least to a proper legal standard), so it's pretty much moot.

The IbanezerScrooge · Jun 12, 2023

You guys keep the info flowing. Just makes me feel better about not voting for him.

Aryeh Jay · Jun 12, 2023

It is telling that NOW it is important to tell the truth on ATF forums for firearms purchases but it's ok to lie when doing illegal straw purchases for under age shooters that cross state lines.

ThatRobGuy · Jun 13, 2023

Aryeh Jay said:
It is telling that NOW it is important to tell the truth on ATF forums for firearms purchases but it's ok to lie when doing illegal straw purchases for under age shooters that cross state lines.

I don't think that's necessarily the apropos angle for highlighting of some of the hypocrisy from the right on this one.

I don't think I've ever heard anyone on the right suggest it was okay in any circumstance to lie on the ATF forms.

A better point to highlight would be to grill the people on the staunch conservative side who've said that background checks shouldn't even be a thing.

durangodawood · Jun 13, 2023

HARK! said:
Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during a time in his life in which he had admitted he was addicted to crack cocaine

Hunter Biden to Claim Second Amendment Protects His Right to Own a Gun While Addicted to Crack: Report

Hunter Biden’s attorneys intend to argue he was within his Second Amendment rights to purchase a handgun in 2018 during

ijr.com

Well hes' right. It does. "Shall not be infringed".

*so long as you believe the bill of rights protections should incorporate to the states.

Fantine · Jun 13, 2023

In my state people who use medical Marijuana can't get guns.
The legislators (who have never figured out "first do no harm") wanted to pass a law so that medical Marijuana users could get guns.
There went my fantasy that people would choose Marijuana over their guns and we would have less of them.
But if Marijuana could be an exclusuon surely cocaine could be.
I feel sorry for Hunter Biden, who, by all accounts, has changed his life.
By the time Trump gets his indictments hat trick from the state of Georgia, those who are trying to divert attention will have gone over every moment of Hunter's life for more scandals to exploit.
Hint: his three or four years as an addict will never yield enough scandal to hide the trials of the century--except perhaps on Fox News.

HARK! · Jun 13, 2023

durangodawood said:
*so long as you believe the bill of rights protections should incorporate to the states.

Incorporate to the States?

The Bill of Rights contains some unalienable rights of which we were endowed by our Creator. It also includes the 9th and 10th Amendments.

Where in the U.S. Constitution did the People, or the States, delegate the Federal Government the Authority to usurp our God given right to protect ourselves, thereby usurping the very Constitution that the Federal government is bound by?

Where in the few an enumerated powers delegated to the Federal Government in the Constitution, did the People, or the States, delegate power to the government to regulate what we eat?

In my opinion the Federal government has no more authority to prohibit what the People put into their own bodies, than they do to pass any law that infringes on our right to bear arms.

Regarding, questions concerning "drugs" on the NICS form, quo warranto? Considering that the Federal Government. in my opinion, has taken a de facto position to punish people for what they ingest; wouldn't insisting on an answer to that question, as a prerequisite to exercising one's rights, be a violation of protections the 5th Amendment?

durangodawood · Jun 13, 2023

HARK! said:
Incorporate to the States?

The Bill of Rights contains some unalienable rights of which we were endowed by our Creator. It also includes the 9th and 10th Amendments.

Where in the U.S. Constitution did the People, or the States, delegate the Federal Government the Authority to usurp our God given right to protect ourselves, thereby usurping the very Constitution that the Federal government is bound by?

Where in the few an enumerated powers delegated to the Federal Government in the Constitution, did the People, or the States, delegate power to the government to regulate what we eat?

In my opinion the Federal government has no more authority to prohibit what the People put into their own bodies, than they do to pass any law that infringes on our right to bear arms.

Regarding, questions concerning "drugs" on the NICS form, quo warranto? Considering that the Federal Government. in my opinion, has taken a de facto position to punish people for what they ingest; wouldn't insisting on an answer to that question, as a prerequisite to exercising one's rights, be a violation of protections the 5th Amendment?

Im just saying, the 2A (and other bill of rights protections) were originally intended to regulate the fed govts authority - not the states govts. The states had their own constitutions for that, and they could regulate gun ownership as they saw fit.

I also noted that since incorporation to the states, no limits to arms ownership are constitutional anymore. That includes age, status as a prisoner, mental states, all of it. "Shall not be infringed". How much plainer could it be?

HARK! · Jun 13, 2023

durangodawood said:
The states had their own constitutions for that, and they could regulate gun ownership as they saw fit.

So the same would apply regarding the 1st, 3rd, 4th, 5th, 6th, 7th, and 8th?

The States can violate civil rights any way that they see fit; so long as the Feds don't do it?

durangodawood · Jun 13, 2023

HARK! said:
So the same would apply regarding the 1st, 3rd, 4th, 5th, 6th, 7th, and 8th?

The States can violate civil rights any way that they see fit; so long as the Feds don't do it?

Yes, thats exactly how it went. Incorporation of the bill of rights to the states came much later, and individually per enumerated right. 2A was fully incorporated in 2010.

States had their own protections for various rights, so they couldn't violate rights any way they want. But they were not restricted specifically by the US const bill of rights.

HARK! · Jun 13, 2023

durangodawood said:
States had their own protections for various rights, so they couldn't violate rights any way they want. But they were not restricted specifically by the US const bill of rights.

When was this? Are you saying at that time the Supreme Court had no authority to protect the civil rights of an individual; if those civil rights were being trampled by the State?

durangodawood · Jun 13, 2023

HARK! said:
When was this? Are you saying at that time the Supreme Court had no authority to protect the civil rights of an individual; if those civil rights were being trampled by the State?

Thats exactly right. Most of the 1A was incorporated in the early 20th c.

If you really appreciate the US Const bill of right protections, then you end up being pretty skeptical of the conservative states-rights positions of "hands off with your federal rights protections!".

States did/do have their own rights protections in their own constitutions. But they are not necessarily the same as the US Const.

Hunter Biden to Claim Second Amendment Protects His Right to Own a Gun While Addicted to Crack

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