Joe Biden, Hunter Biden
(AP Photo/Andy Wong, Pool)

As Hunter Biden’s lawyer notes, the standard laid out in Bruen is that any law that is “inconsistent with this nation’s historical tradition on firearm regulation” should be held to be presumptively unconstitutional. Because neither the Founding generation nor the Reconstruction generation imposed a total prohibition on drug users purchasing or possessing firearms, Hunter Biden’s team suggests, their client cannot be prosecuted for having refused to divulge his addiction when he bought a gun.

Historically, there have been many laws that temporarily governed possession of firearms — if, for example, you were obviously drunk, you could be disarmed — but there have been none that linked generalized drug use with the loss of the right to keep and bear arms. As such, Hunter Biden’s lawyers conclude, “asking about Mr. Biden’s status as a user of a controlled status is constitutionally irrelevant to whether he can be denied his Second Amendment right to gun ownership,” and the case must fall.

I think this argument is strong. But President Biden does not. As a matter of fact, Joe Biden thinks that the framework that made this defense possible “contradicts both common sense and the Constitution, and should deeply trouble us all.” 

It is going to be extremely awkward for Joe Biden to see his son fighting a prosecution that has been brought by his own Department of Justice on legal grounds that he has argued make America less safe and ought to be reversed. It is going to be even more awkward if that case, Biden v. United States, ends up providing a key practical example of Bruen‘s scope. For decades, Joe Biden has been known in part for his enthusiasm for stricter gun-control and stricter drug laws. To have the joint at which the two meet weakened by his own son would be nothing short of bizarre.

— Charles C.W. Cooke in On Gun-Control, It’s Now Hunter Biden v. Joe Biden

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57 COMMENTS

  1. Bizarre, pretty much describes the Biden crime family including Joe’s selection! It would be amusing if it weren’t so sad a situation for the United States of America.

    • Well, the very nature of politics is contradiction.

      “You see the mob takes the Fifth,” he said. “If you’re innocent, why are you taking the Fifth Amendment?” -DJT 2015

      “Trump pleaded the fifth more than 400 times in fraud deposition” -DJT 2023

      • a bronx cheer filtered through a fluffed pillow sealed in a ziplok.
        crack the seal and get a whiff whenever you feel the need. mr. whipple can show you how.

      • MINOR49er, you mean the nature of politics is lying, don’t you? After all, you do lie so well.

      • Attorneys are prohibited from commenting adversely on a defendant’s assertion of a constitutional privilege. i.e., taking the Fifth. Mr. Trump is not an attorney.

      • Minerva: You are going to have to start charging Trump rent for all the time he spends in your head… Funny thing, no one here invokes Trump NEARLY as often as you do… Who would have thought YOU would be Trumps most ardent cheerleader? Keep up the good work…

        • Bill burr went on a rant about how the left made Trump a martyr. And he’s right. If people like miner had just ignored him he would have faded away by now.

          But miner ain’t half bright. He’s still helping biden sell millions of guns even though that is not what he’s working for. He just ain’t very smart.

    • Gee, I hope Biden vs. Biden rivals the Hollywood sappyness that gave us Kramer vs. Kramer…
      opening scene – Hunter in an orange jumpsuit being led to his cell;
      father Joetato vowing to ” Right this Travesty”…

  2. Nothing bizarre, surprising, unprecedented or even truly hypocritical about it.

    Ideals, politics, beliefs and positions all get tossed aside when it comes to saving ones own ass. Never put your faith in a politician or cause. You’ll get used up and thrown away for your loyalty and they’ll get more wealth and power.

    • I hate to rain on hunter biden’s attempt to hide behind the 2A but signing your name to a document has its own historical analogies that trumps his lawyer’s concocted get out out jail card. hunter biden’s signature is on the 4473 and that means he owns it lock, stock and barrel.

      • I already responded to a similar post, but, just for you, Debbie:

        I hate to do this, but I’ll take up for Hunter here. My dad lied on a federal form to enlist in the Seabees, when he was only 15 years old. Not as young as that 12 year old who got railroaded at near the same time, but still too young to enlist. Years later, I failed to divulge health issues to the Navy when I enlisted. And, did you know that law enforcement is allowed to lie to you? What’s with the one-way street – gubbermint doesn’t have to be honest with you, but you gotta be honest with them? That whole concept of lying to government needs to be flushed down the toilet where it belongs.

  3. It’s called ironic justice. It’s ironic that the man pushing the whole notion of gun control, and the one who has launched a massive effort to restrict a single gun that is rarely used in crime now has to watch his own family make a mockery of him and his policies in court. Some would it called that vindication of the cause. There is nothing worse for a politician than to have something like this happen on their watch. Because he will always back his son over the law, and his son will mock the law with his defense, people should be able to see that Biden has lied nonstop since he started his campaign. He’s the least transparent president we’ve had in decades. And he has no problem being the biggest hypocrite.

  4. I hope Hunter flips, his odds of dying in a “drug overdose” become extremely high if that is even a thought though. If they got Epstein he’s easy money in comparison.

    I hope he states who the “big guy” is. I can dream, can’t I?

    • If he were Clinton prodigy he’d have been history for over a year now…. any chance he ever dated Amy ?

  5. HB getting busted is going to be one of best things to happen for us gunm owners.
    It’s a bullsht question anyway. Are you addicted to or user of, however it goes.
    Sheet no man, I quit yesterday.

    • HB getting busted will do nothing for us. The court will convict him, the big guy will pardon him, the drug question will stay intact and be used against others. Another win for the bidens.

  6. Well Hunter may end up being a felon irregardless of gats. Even Al Capone got caught for tax evasion. Then again the lame dumb er duck could give his bad seed a get out of jail pardon. Entertainment? Only if fat boy Jay Prickster goes to jail for evading taxes on his Gold Coast mansion🙄

  7. Because neither the Founding generation nor the Reconstruction generation imposed a total prohibition on drug users purchasing or possessing firearms,

    Good point, GREAT argument… The Founders NOR the Reconstructors placed any restrictions on home-built firearms, ammo capacity, short barreled rifles/shotguns OR automatic weapons… Never thought I would find myself pulling FOR that scumbag but GO GET EM HUNTER… There are a number of non-gun related issues to hang his AND Braindeads asses on, hope this one prevails in the courts…

    • Plenty of real crimes he is guilty of to hang on him. He’s going down and bringing down daddy too.

      FJB FHB

  8. While I like HB seeing some actual consequences for his actions, I disagree that any of this will be anything more than political theater and another waste of effort and money.
    Pres. Biden will do what any Dementiacrat will do. Protect his position and money. If he can’t use his family for his own enrichment and position, he will toss Hunter under the nearest bus and find another pawn. Watch and see.
    An honest parent would be supportive and do what they can to help their kids. Usually by teaching their offspring that there are some things that are unacceptable behaviors and choices that come with unpleasant consequences. And there are usually rewards for good choices and behaviors.
    I’ll help my kids any way I can. But, if they commit a crime they will have to face the consequences for doing so.
    Now, there is the 5th amendment about self incrimination. Rather pointless asking someone to disqualify themselves for purchasing a firearm by asking about addictions. Nore should drug use be illegal. You can’t legislate morality.
    Of course, I disagree with government having anything to do with free trade of any kind. Including self destructive behaviors such as drug use.

    • “I disagree with government having anything to do with free trade of any kind.”

      “Free trade” means no legal restrictions on commerce, including removing tariffs, and allowing products selling “dumped” below cost so as to destroy the economy (or portion there of) of one, or the other, parties. “Free trade” is merely another form of “I believe in the Second Amendment, but…”

      • The big argument that Pat Buchanan always made was that “free trade” was going to destroy the united states industries.

        And the libertarians, it seems were always very happy to have outsiders “bomb” industries in the United States. By dumping their products here. The libertarians support that destruction of American industries. Because they call that “freedom???”

        This is why nearly 80 million Americans voted for President Trump in 2020. And many more in 2016.

  9. Hunter Biden – ” I can unequivocally state that my father never had any Financial Connections that lead directly and provably back to my Financial Dealings with any Foriegn Entities that may or may not have been totally above board, nor may appear to have been conspiratorially involved with any ………………

    Hunter’s Attorney, 37 minutes later – ” Move to strike, Your Honor, and to replace with ” No ” “

  10. Ahhh it’s good to be the kings men where “rules for thee but not for me” apply.
    I’ve zero expectations of anything actually happening

  11. Hunters an ass, okay, but we POTG should be supporting him on this one.
    It’s an infringement on a Right that says Shall Not Be Infringed.

  12. “To have the joint at which the two meet weakened by his own son would be nothing short of bizarre.”

    Don’t know if it was intended or not, but Hunters drug use and using “joint” here is pun like. So I’m gonna give ya a “I see what you did there” acknowledgement.

    😁

    • There is some inaccurate info there. AOR just raised the bar even before this video was released adding coverage for misdemeanors, and increasing coverage to beat or match USCCA across the board.

      I like Tom but he is linked to USCCA so he isn’t exactly an unbiased source of information here. If you don’t want to end up like that Doordash driver who was pranked or that Kayla woman who both got the shaft from USCCA and were thrown under the bus then I suggest you look elsewhere for your self-defense use of force coverage.

      • “If you don’t want to end up like that Doordash driver who was pranked or that Kayla woman who both got the shaft from USCCA and were thrown under the bus then I suggest you look elsewhere for your self-defense use of force coverage.”

        USCCA did not throw them under the bus.

        It turns out that Kayla woman had pre-mediated it and planned to use self defense as her excuse. She intended to kill him, she lured him there then shot him. That’s why USCCA dropped her – it was revealed prior to her conviction, in discovery, that she had planned the whole thing, she pre-mediated murder then went through with it and planned to claim it was self defense. There is no self defense ‘insurance’ that’s backed by an insurance that will or can legally provide coverage for a crime no matter what they say – and that’s why USCCA had to drop her.

        The Doordash driver who was pranked – he did get a raw deal but not because USCCA dropped him or his self defense was not valid – he got a raw deal because of the way he was charged. He was also charged with discharging his firearm in a public place which is a crime where he was which meant his valid self defense act was done in concert with a crime (discharge in a public place) at the same time the way he was charged. And because of the way he was charged USCCA had no choice but to drop him because there is no self defense ‘insurance’ that’s backed by an insurance that will or can legally provide coverage for a crime no matter what they say.

        Insurance can not legally be used to cover defense costs for a crime. Everyone of these self defense insurance companies backed by an insurance would have dropped these two, they would have had to do it as its the law that they can not provide insurance coverage for a defense in which its not just pure self defense involved and a crime or another crime is involved.

        • Its different where I live, there is a presumption here that a defender that employs defense in a public place and discharges their firearm – the presumption is it was lawful to do that to effect the valid defense so here one would not be charged like that door dash driver was and under the same situation as the door dash driver (less the other charge because it would be legal here) USCCA would cover it.

          And I’ll tell you something else too — anti-gunners are planning to negate self-defense insurances by trying to charge the self-defense in connection to a ‘crime’ (e.g. discharge in a public place) to force the self-defense insurance to drop the client and not pay the defense.

        • clarification for : “and a crime or another crime is involved.”

          meaning, a crime committed by the defender while enacting valid legal self defense – or – (like in that Kayla woman case) if the ‘claimed self defense’ act was in furtherance of a crime.

  15. Casuistic acrobatics. It’s the way of the world. If his body is still President, Dad will likely pardon him if any convictions occur.

  16. Miranda was a bad person, Rahimi is a bad person, Biden is a bad person too. Oftentimes it takes a case that defends the Civil Rights of bad people to strengthen our own Rights. The “Justice” system is messed up and even though doing the right thing and preserving everyone’s civil rights allows weasels to sneak through unscathed doesnt mean we should start taking everyone’s Civil Rights away. The Founders felt that if a few scoundrels skate through the system it was Worth It(tm) if it prevented even one innocent man from being put in jail.

    • As Bill O’Reilly observed….”Bad guys shooting people is the price of freedom. Liberty is risky business. That’s why our Founding Fathers recognized our God-given right to shoot back.” To have freedoms, rights, liberties in our society, they must apply to all, even Sleazy and Slo Biden. Most people invoke those freedoms as intended, a few mis-use them. Rights should not be held from all because of mis-use of a few. However, that is the operative of the Lefturds…..a few might mis-use a right, therefore all Little People should be restricted from their rights, especially if those rights might be used against Elites plundering the system.

  17. Actually there is no conflict between Slo and Sleazy Bidens’ positions…..acorn doesn’t fall far from the tree, birds of a feather flock together…. Slo’s position is let The little Peeps throw rocks. Sleazy’s position is gats for Elite crackheads. As the ivy league college presidents recently conveyed, it’s all in the context.

  18. This is what happens to laws which should never have existed in the first place. “Shall not be infringed” sums it all up. Background checks, 4473s, questions, serial numbers, NFA et. seq., all are unconstitutional and will soon fall. And yet, even SCOTUS and their opinions in Heller and Bruen are also false. Rights are absolute. There are no acceptable limits upon the exercise of them. When SCOTUS starts down the merry path of saying, well, if way back when or in common use, then they too are wrong. What part of absolute don’t you understand?

  19. The crime is not that he was a drug user (that is unconstitutional), but that he certified on a government form that he wasn’t. Lying on the form is a felony and still needs to be punished. If he fought against that being on the form before trying to buy a gun then he wouldn’t have committed a felony.

    • I hate to do this, but I’ll take up for Hunter here. My dad lied on a federal form to enlist in the Seabees, when he was only 15 years old. Not as young as that 12 year old who got railroaded at near the same time, but still too young to enlist. Years later, I failed to divulge health issues to the Navy when I enlisted. And, did you know that law enforcement is allowed to lie to you? What’s with the one-way street – gubbermint doesn’t have to be honest with you, but you gotta be honest with them? That whole concept of lying to government needs to be flushed down the toilet where it belongs.

  20. While Dementia Joe has become the Salesman of the Year for firearms his son Hunter “The Smartest Man I Know) is becoming a 2nd Amendment hero.

    I can’t think of this happenstance taking place before, who would have thought a family of social ist-democrats would be the ones?

  21. Well, maybe this should be Joe’s proudest moment. A person can be a total douchebag, and yet accomplish something good in his life. Yeah, he’ll be remembered for being a douchebag, but you can’t deny the good. If Hunter overturns some unconstitutional laws, we’ll all have to thank him – but remind him that he’s still a douche. And, Joe is in the uncomfortable position of demanding his son go to prison, or acquiesce to constitutional law.

    It must suck to be an authoritarian Nazi, huh?

    • but remind him that he’s still a douche.

      Hopefully Bubba his cellmate will remind him of that over and over again…

  22. @Shya December 17
    “No, he should go to jail for lying on a federal form, an act of perjury.”

    This is an arguments similar to calibre wars; never ends.

    If a statute/law is violating the Constitution, can you be charged for violating the statute/law? Should you?

    Hunter’s lawyers are essentially maintaining that the 4473, itself, violates the Second Amendment, and as a result, lying on the form cannot be a crime. At the core of that argument is the notion that if refusal to comply with an unconstitutional law can be a crime, legislators can proliferate unfettered, unconstitutional laws as a means of projecting power that will render anyone, and everyone, a criminal for not complying with illegality.

    And so on, and so forth.

  23. It was considered a crime on the day that HB committed it. Can you turn back the clock to avoid prosecution? What’s done is done, on THAT day it was a felony.

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