Attorneys for President Joe Biden’s son Hunter are calling on a federal court to dismiss a case against their client over gun charges stemming from his use of an illicit drug while in possession of a firearm, arguing that prosecutors are applying an unconstitutional statute that would criminalize millions of marijuana consumers acting in compliance with state law if broadly enforced.
In a motion to dismiss filed with the U.S. District Court for the District of Delaware on Monday, Hunter Biden’s defense said the gun charges violate the Second Amendment and represent a politically motivated prosecution over a law that is seldom enforced, barring people who use currently illicit drugs from buying or possessing firearms.
They asserted that the prosecutor has allegedly acknowledged that “an ordinary citizen would not be prosecuted for this offense is borne out by DOJ’s policy and statistical evidence.”
“Sections 922(g)(3) is very broad (unconstitutionally so), covering millions (if not tens of millions) of gun owners who use substances controlled under federal law, including marijuana, even if those drugs are legal at the state level. Yet they are almost never used,” the filing says, citing data that indicates at least 16 million gun owners have violated the statute and “could be subject to criminal prosecution” for “the exact conduct of which Mr. Biden is accused.”
Biden’s charge isn’t related to marijuana specifically; rather it concerns his disclosure that he was a regular user of crack cocaine for a short period where he also admitted to owning a gun. So it’s notable that attorneys are drawing the cannabis connection to bolster their argument that the statute is discriminatorily applied.
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