Hunter Biden might become Second Amendment hero

AP Photo/Andrew Harnik, File

I’ve been pretty critical of how Hunter Biden has been handled with regard to allegations he lied on a Form 4473, a felony. After all, people get charged for this all the time. Thousands of people have been sent to prison for just this, yet Hunter was looking at walking.


It’s not right. The rules can and should apply to everyone.

That’s even true if they’re stupid rules.

The thing is, people who do face punishment for breaking the rules are sometimes the very people who get the stupid rules overturned as unconstitutional.

Could the younger Biden be such a person?

But now, after the deal dissolved and he was indicted Thursday, one effect of the indictment against the president’s son is that prosecutors have put in play a contentious legal issue that’s far from settled. By bringing these charges, the government is effectively inviting a drawn-out fight on a subject that’s been increasingly scrutinized by the courts, following the GOP-controlled Supreme Court’s revolutionary expansion of gun rights.

Just last month, for example, in a cannabis user’s case that involves one of the laws Biden was just charged under — which bars drug users from possessing guns — an appeals court said the law violates the Second Amendment. And Biden’s charges come as the Supreme Court will consider whether to expand gun rights even further in its upcoming term, which starts next month.

None of this is lost on Biden’s legal team. His lawyer Abbe Lowell said after the indictment: “We believe these charges are barred by the agreement the prosecutors made with Mr. Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court.”

As I wrote before the indictment, whether this will become a landmark Second Amendment case is far from clear. That’s still so, but one function of this new indictment is that prosecutors have put that possibility back in play.


For what it’s worth, I agree that it’s unclear if Hunter’s case might well overturn any gun control laws, but I can’t help but chuckle at the possibility.

President Joe Biden has pushed for gun control since his days as a candidate. He’s bragged about his role in passing the 1994 Assault Weapon Ban. He’s supported pretty much every anti-gun bill presented in Congress and issued numerous anti-gun executive orders.

And one would assume he’d want to see his son cleared of any criminal charges.

So Biden must, on some level, hope to see gun control overturned by the courts so Hunter will walk free, which is contrary to his official position on guns.

Then we have the issue itself.

Sure, it’s Hunter Biden being charged, but the law itself has serious issues from not just a Second Amendment standpoint, but I’d imagine there are some Fifth Amendment issues. After all, if I can’t be required to incriminate myself, how does requiring me to admit to using something on a document under penalty of purjury not count as self-incrimination?

It’s entirely possible that Hunter’s case might end up before the Supreme Court and end at least some anti-gun regulation. The irony of that won’t stop being funny at any point in my lifetime, that’s for sure.


However, there’s a long way to go before then, and if there’s enough of a sweetheart deal offered–maybe not as good as the first, but that still leaves a lot of room–then it may never go anywhere.

Yet the idea of Hunter Biden: Second Amendment hero is one that we’re going to have fun with.

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