Hunter Biden’s lawyers try to DISMISS gun case: Legal team insists collapsed plea deal is STILL in place and charging him for buying a weapon while on drugs violates the Second Amendment

Hunter Biden's attorney filed a motion Monday to dismiss the gun crime charge against him, invoking the Second Amendment, just days after the president's son was hit with a nine-count indictment for allegedly tax crimes.

Attorney Abbe Lowell, who is vigorously pushing prosecutors' arguments in both cases, filed the filing in federal court in Delaware, where Hunter is accused of lying on a form when purchasing a Colt Cobra revolver in 2018 – at a time when he has written that he lied on a form. abused crack cocaine and other substances.

He cited recent court rulings on gun ownership, including a recent Court of Appeal ruling that lifted the ban on drug users from owning firearms.

“Quite simply, asking about Mr. Biden's status as a controlled status user is constitutionally irrelevant to the question of whether he can be denied his Second Amendment right to bear arms,” Lowell wrote in the 12-page filing.

It calls on prosecutors to file charges under a “rarely used statute.”

The filing, while potentially helpful to the defendant, centers on rulings that hold back gun rights at a time when President Joe Biden has repeatedly called for federal regulation of assault weapons to be brought back after a series of more than 600 U.S. mass shootings at once. year.

Lowell calls gun control a “politically charged issue” but says the Supreme Court “has held that an individual's right to own a gun is 'presumptively' protected by the Second Amendment.”

“In reality, the statute is indefensible,” he wrote, citing the recent ruling by the Fifth Circuit Court of Appeals. (Delaware is in the Third Circuit, but Lowell says the various circuits would likely agree).

He says there is no historical precedent for “disarming citizens based on their status as users of a controlled substance.”

The charges relate to a gun Hunter purchased in 2018, when he was writing about the battle against addiction

“Asking about Mr. Biden's status as a controlled status user is constitutionally irrelevant to the question of whether he can be denied his Second Amendment right to bear arms,” Lowell wrote.

Hunter Biden's writings on substance abuse have come back to bite him in two separate charges. The gun charge, where it is evidence of possible drug use, and the tax case, where prosecutors say he had enough income to pay his taxes

“Quite simply, asking about Mr. Biden's status as a controlled status user is constitutionally irrelevant to the question of whether he can be denied his Second Amendment right to bear arms,” Lowell wrote in the filing.

The charges relate to Hunter's 2018 purchase of a Colt Cobra pistol. Federal firearms laws require certification that the purchaser is not using or addicted to controlled substances. Hunter wrote about his own drug use in his autobiography

In July, Judge Maryellen Noreika rejected a plea deal that would have seen Hunter plead guilty to two tax charges while dealing with the gun charges through a so-called diversion agreement that would allow him to avoid jail time. She called it unprecedented and possibly unconstitutional.

That deal subsequently collapsed and special counsel David Weiss announced an indictment in California on nine federal tax charges. Lowell has labeled the renewed prosecution as politically motivated under “Republican political pressure.”

His filing in the gun case cites other gun restrictions that have been found unconstitutional, including banning people “who fall under a domestic violence ban” from owning a firearm.

The filing also takes a chance from the plaintiffs as they give in to pressure.

“The prosecutor, who was satisfied before caving to political pressure to resolve Mr. Biden's 11-day possession of an unloaded gun with a diversion deal, has now overcharged this case by the mere act of turning buying a single gun into three separate crimes. ,' he is writing.

He describes the alleged false statement as “wrongly checking a box on a form.”

“Any false statement by Mr. Biden in response to a question that is now irrelevant to the question of whether he had the right to purchase a gun falls outside the scope of the law,” he wrote, calling for the rejection of the whole gun charge.