New York State Rifle & Pistol Association v. Bruen<\/em><\/a>, which emphasized that gun restrictions must align with historical and traditional practices. As a result, some federal courts have questioned the constitutionality of 18 U.S.C. \u00a7 922(g)(3), the law Biden was charged under.<\/p>\nLegal expert Adam Winkler noted, \u201cThere\u2019s at least a chance Hunter Biden would win that appeal.\u201d<\/p>\n
Although no federal court has outright struck down the statute as unconstitutional, some rulings suggest that it may not hold up in certain cases. For instance, Fifth Circuit Judge Jerry Smith argued that \u201cour history and tradition may support some limits on an intoxicated person\u2019s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage.\u201d<\/p>\n
Despite the trial judge rejecting a constitutional challenge in Biden\u2019s case, legal scholars highlight that federal courts are split on similar issues. The Eighth Circuit upheld the law, but the Fifth Circuit, in USA v. Daniels<\/em>, dismissed charges against a marijuana user, suggesting Biden\u2019s legal team might use this rationale in their appeal.<\/p>\nAnother pivotal case, USA v. Rahimi<\/em>, involves the Fifth Circuit\u2019s decision that found a provision barring those under domestic violence orders from possessing firearms unconstitutional. The Supreme Court\u2019s pending decision on this case could also influence Biden\u2019s appeal. Andrew Willinger from the Duke Center for Firearms Law remarked, \u201cIf the Supreme Court reverses [Rahimi], that probably makes the appeal more of a long shot.\u201d<\/p>\nAdditionally, the Third Circuit has questioned another gun ban post-Bruen<\/em>, indicating potential receptivity to arguments against disarming drug users who haven\u2019t been convicted of a crime.<\/p>\n\u201cIf you\u2019re going to strike down a law banning felons possessing firearms, you\u2019re certainly likely to strike down a law banning users of controlled substances who\u2019ve never been convicted of a crime from possessing firearms,\u201d Winkler suggested.<\/p>\n
However, the outcome remains uncertain.<\/p>\n
\u201cThe atmospherics might change some of the ways that the judges view the case, so I\u2019m not sure exactly what the court would do,\u201d legal expert Jacob Charles from Pepperdine University pointed out.<\/p>\n
One key point to keep in mind is even if Biden\u2019s gun possession charge is overturned, his convictions for lying on federal forms to obtain the gun might stand. Legal experts argue that the obligation to provide truthful information is distinct from the underlying prohibition.<\/p>\n
\u201cYou still have an obligation to actually be accurate in how you fill out that form,\u201d Willinger emphasized, though the punishment for lying on a form is likely much less than violating gun laws.<\/p>\n
Either way, despite Biden\u2019s recent conviction, this legal battle is far from over and could ultimately prove to shape gun law in a way that may create obstacles for his father\u2019s anti-gun political agenda.<\/p>\n<\/div>\n
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Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Bigstock Here\u2019s one for the amateur legal eagles among our pro-gun camp, but as most are well aware, the legal landscape surrounding the gun ban for drug users is increasingly complex, especially as more states legalize the use of marijuana while it remains steadfastly illegal under federal law. As a result of that and other […]<\/p>\n","protected":false},"author":1,"featured_media":3449,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-3448","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/3448","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3448"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/3448\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/3449"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3448"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3448"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3448"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"lawsuit](\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2020\/02\/bigstock-Judge-Gavel-With-Justice-Lawye-245177704.jpg\" "\\"lawsuit")