Attorneys for Hunter Biden recently filed a document outlining some potential arguments for his upcoming gun trial in Delaware. Prosecutors plan to present evidence showing that he was using illegal drugs around the time he purchased a firearm. The trial is scheduled for June 3, with Hunter Biden facing charges related to making false statements on a federal form and possessing a firearm while using illegal drugs.
Defense attorneys raised concerns about whether Hunter Biden believed he was a drug user or addict at the time he bought and possessed the firearm, as these terms were not clearly defined on the form. They argue that someone who had just completed a rehabilitation program and lived with a sober companion might not consider themselves a current user or addict. Additionally, the defense team asserts that the prosecution’s proposed jury instructions regarding the Second Amendment are problematic.
Hunter Biden’s attorneys argue that the statute he is charged with violating only applies if an individual is armed, intoxicated, and using the weapon in a way that threatens or endangers others. They claim that since there is no evidence Hunter Biden used the firearm in any threatening manner during the 11 days he possessed it, the prosecution cannot meet its burden. The defense team believes the prosecution’s proposed jury instructions infringe on the Second Amendment and expand the scope of the gun-control law being applied.
The defense attorneys contend that responsible gun owners should not be treated as felons for leaving guns at home while going out for a drink or securing them in a safe while using marijuana or medication. They argue that these actions are not only good policy but also protected under the Second Amendment. Despite an earlier motion to dismiss the charges on the grounds that they violated Hunter Biden’s Second Amendment rights being rejected, his attorneys are continuing to challenge the legal basis of the charges.
Prosecutors and defense attorneys are scheduled to meet with the federal judge overseeing the case, Maryellen Noreika, for a final conference before trial. With the trial imminent, both sides will likely further discuss their arguments and evidentiary support. The outcome of the case will depend on how well each side presents its case and persuades the jury regarding the charges against Hunter Biden. Given the complex legal issues at play, the trial promises to be contentious and closely watched by observers interested in the intersection of gun laws and Second Amendment rights.
