We should all be aware of 18 U.S.C. 922(g). This is the definition of prohibited person.
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
—Unlawful Acts, 18 U.S.C. § 922 (U.S. 1968)
Hunter is charged under §922(g)(3) which is unlawful user of any controlled substance. This is being challenged at the district and circuit levels and is likely to end up at the Supreme Court. This is a Second Amendment challenge. If this challenge is made, I hope that Hunter wins.
There are two other charges, §922(a)(6) and §924(a)(2), lying on a form 4473, and §924(a)(1)(A), lying to an FFL about information placed on a 4473.
General Flynn was charged with making false statements to the FBI. That is what got him in so much hot water. It wasn’t what he was accused of doing, but instead of lying to the FBI.
At this point, the Hunter case is under extreme scrutiny. The Judge in the case is already upset about the games played to give Hunter a “get out of jail free” card.
Even if Hunter wins against the §922(g)(3), there is every reason to believe that he will be found guilty on the other two counts.
Clearly, this will not be a fair trial. It isn’t like Hunter is going to get 22 years for three counts of felonious conduct. It isn’t like he was in a different city while the mob walked through the capitol. That was worth 22 years of a man’s life.
The case is United States v. Biden, 1:23-cr-00061, (D. Del.)
Got into this on another site.
I said, we need to enforce the laws already on the books. Whether we like them or not, we need to enforce them. A couple of 2A absolutists where very hostile to my position, but I stand by it.
.
Every time the anti-gun folks push for stricter gun control laws after some mass shooting, we remind them they need to enforce the existing laws and the shooting might not have happened.
.
This is no different.
.
However, I would like to see the entirety of all the gun control laws struck down,
CBM, “enforce the laws on the books” is fine, but there is also “if it is not Constitutional it is not law”. So (a) having Hunter charged is fine, but (b) having Hunter defeat the charge on 2nd Amendment grounds would be wonderful.