I have seen a number of people gun people on Twitter take an utterly ridiculous and retarded position on the Hunter Biden conviction.


Readers of this blog should be aware by now that I’m a stalwart defender of the the Second Amendment.

The Hunter Biden conviction is not a Second Amendment issue.

Let’s be clear exactly what Hunter Biden was convicted of:

The charges: The first two counts were for lying about his drug use on a federal background check form, and the third count was for possessing a gun while addicted to, or using, illegal drugs.

I’m pretty sure everyone who is reading this post has filled out a 4473.

The relevant text is right above where you sign.


According to the ATF:

Federal law prohibits knowingly making any false statement in connection with purchasing, or attempting to purchase, a firearm. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) requires prospective firearm buyers to complete ATF Form 4473. This Form requires buyers to answer several questions, including those about the buyer’s competency, criminal history, drug use, immigration status, and history with domestic violence. Applicants who knowingly make false statements may also face criminal prosecution for a felony and up to 10 years in federal prison.

A 4473 is a federal document. It is an affidavit.

This is advice directly from a attorney’s website:

Lying on Government Forms and Documents: Don’t Do It! It’s Illegal

First and foremost, providing false information on government forms or documents is illegal. It’s considered fraud, forgery, perjury, or making false statements, depending on the specifics. There are laws at both the state and federal levels that prohibit lying or falsifying information on government paperwork. For example, in Illinois, lying on an official document can be considered perjury and prosecuted as such.

Some common situations where people may be tempted to fudge the truth include:

  • Filing taxes and falsely claiming deductions or exemptions
  • Applying for government benefits like welfare or food stamps and not reporting income
  • Filling out the FAFSA form for student aid and leaving off assets
  • Lying on a resume or application when applying for a government job
  • Providing false information when applying for a business loan or grant from the government
  • Lying on immigration paperwork about your reasons for visiting or moving to the country

This is important.

The major charges against Hunter were that he lied on a federal document.

You can hate the Gun Control Act of 1968 and believe that the 4473 is unconstitutional, but that does not negate that fact that lying on a federal form and lying on an affidavit is a crime.

In the first posted Tweet, I’ve covered the travesty of justice that is the conviction of Dexter Taylor. Taylor made guns for fun as a machinist. He was convicted of violating New York’s ghost gun ban and assault weapons ban.

He’s a 2A martyr. He simply made and owned items that New York, unconstitutionally, decided he shouldn’t have.

If Hunter cut a shotgun down to 17.9 inches instead of 18, and accidentally violated the (unconstitutional) NFA, with no malicious intent, I’d agree that would make him a 2A martyr.

Had he crossed into another state with a CCW that didn’t recognize reciprocity, I’d say he was a 2A martyr.

All of those, and many more are issues of gun rights.

Lying on a federal form and affidavit is not a gun rights issue.

This is about equal application of the law.

Bruen struck down part of the 4473 as unconstitutional. It upheld the rest as constitutional.

To maintain intellectual consistency, the pro-gun people who believe it is right for Hunter to lie on a federal form because they disagree with it must support every illegal who lies on an asylum application because those people disagree with immigration restrictions.

Now we’re on the slippery slope of every person who doesn’t like a law thinks they have the moral right to break it, and we become a (more) lawless society.

Our system allows the law to be changed. Challenge the GCA before the court. Lobby politicians. Run for office. Vote.

Don’t break the law.

This isn’t a 2A issue and making to make it into one is stupid.

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By J. Kb

8 thoughts on “Hunter Biden is not the gun rights hill to die on”
    1. All crowds are.
      There will always be the absolutists, and the “meh… what is the real harm” in any crowd.

  1. I agree this isn’t necessarily the hill to die on but to say it isn’t a 2a matter when the subject in question is a document related to procuring a firearm and document that is of questionable constitutionality for a number of reasons is absurd. It seems you are making an arbitrary distinction and trying to have it both ways because hunter is a scumbag and he is likely guilty of many crimes beyond this relatively mild one.

  2. I’m simply amazed he was convicted in the first place.
    Lenard, I see your point, but if anything I think this would be more of a 5A issue than a 2A.

    1. I’d go both, certainly can’t be compelled to tattle on yourself as well, just like we know already with felons possessing/registering guns as it is.

  3. Did he knowingly lie on a federal form? If you lie on an FAA medical, your lose your flying privileges, as well as risking a fine and time in Club Fed. Ditto the IRS. So while the 2nd is involved, it’s more “This is a Fed form. Don’t lie, mmkay?”

    1. He was addicted to cocaine at the time he marked “no” on the question about being a drug addict on the 4473. He wrote about being addicted at that time in his memoir.

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