A federal judge rejected efforts by Hunter Biden's attorneys to dismiss felony gun charges against him Thursday afternoon, setting in motion a trial for President Joe Biden's son in June.
The younger Biden's attorneys argued the charges, which were filed after Hunter lied on a federal background check form about drug use while purchasing a handgun in 2018, are unconstitutional and a violation of Second Amendment rights. That argument didn't fly.
"Defendant Robert Hunter Biden is charged with possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(3)1 and two false-statement counts under §§ 922(a)(6) and 924(a)(1)(A). Presently before the Court is Defendant’s motion to dismiss the indictment based on the Second Amendment. In particular, Defendant argues that the indictment must be dismissed because § 922(g)(3) is unconstitutional under the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022). Defendant argues that the charges under §§ 922(a)(6) and 924(a)(1)(A) must be dismissed as well because his alleged false statements regarding drug use are only illegal if § 922(g)(3) is constitutional," U.S. District Judge Maryellen Noreika wrote Thursday. "For the reasons set forth below, Defendant’s motion is denied."
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"The Second Amendment protects 'the right of the people to keep and bear arms,'" Noreika continued. "That right, however, is 'not unlimited.' Heller, 554 U.S. at 626. Instead, the Second Amendment allows for a 'variety' of firearm regulations, including the 'longstanding prohibitions on the possession of firearms by felons and the mentally ill.'”
Noreika also noted "Section 922(g)(3) prohibits anyone 'who is an unlawful user of or addicted to any controlled substance' from possessing a firearm that has moved in interstate commerce.'"
Biden's trial starts June 3 in Delaware.
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