Colt Cobra 38SPL Revolver. Photo courtesy of U.S. District Court of Delaware.
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Lawyers for Hunter Biden formally requested a new trial on Monday, arguing that his recent federal gun charges trial proceeded prematurely. This comes after his June 11 conviction on three felony counts related to lying about illegal drug use when purchasing a handgun in 2018.

In a new court filing, Biden’s defense team asserted that Delaware federal Judge Maryellen Noreika lacked jurisdiction due to pending appellate rulings. They claimed the Third Circuit Court of Appeals had not issued a mandate that would have officially allowed the trial court to proceed after dismissing Biden’s appeals, leaving the trial unauthorized.

Hunter Biden, 54, became the first child of a sitting president to be convicted of a felony when a jury found him guilty of lying on a background screening form and illegally possessing a firearm. He faces up to 25 years in prison but is unlikely to receive the maximum sentence under federal guidelines. Sentencing has yet to be scheduled.

Biden’s lawyers argued that the law under which he was charged is unconstitutionally vague and infringes on his Second Amendment rights. They emphasized that the appellate court’s failure to rule on Biden’s request for a full panel review of his appeals delayed the issuance of a mandate, thus preventing the trial court from having the jurisdiction to convict.

Hunter Biden’s team had initially filed a similar motion last week but withdrew it minutes later without explanation. They resubmitted the motion on Monday, maintaining that the trial judge’s lack of jurisdiction is a significant legal oversight.

Sources: Reuters and NY Post

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15 COMMENTS

      • The constitutionality of the 4473 was not challenged in this case and has not been challenged in general.

        So, you can certainly assert that, and point to no FFLs even existed until the late 20th Century as your argument basis. However, until that finding is upheld in a court of law, the 4473 remains.

        Thus, we get back to the underlying charge of “lying on a federal form”.

        • With the way that some of the rulings have gone around self incrimination lately I’m curious to see if the 4473 stands in the long term. Not even talking on a 2A perspective but there’s some real serious self incrimination questions there in my mind…..

          • There is actually a precedent somewhere that says that prohibited persons can’t be forced to register their guns because it would be self incrimination (or something along g those lines).

            So—constitutionality of the whole mess aside—for practical purposes, law-abiding citizens (or, more accurately, citizens who haven’t been caught & prosecuted yet) are treated worse under the law than criminals.

  1. There are only two outcomes to this whole thing that I’d be happy about. Either we get a decisive 2A win that deletes the 4473 from existence, or Hunter Biden goes directly to jail, doesn’t pass “Go,” and serves time flying coach in the justice system like us ordinary peons would have to do.

    Special deals, ambiguous rulings, or narrowly-tailored decisions that give Hunter special 2A rights beyond the rest of us are all a no go.

    Upend an unconstitutional infringement on the 2A or else go to jail. Gun owners should be content with nothing less.

  2. I’ll preempt Miner on this one and remind him that Hunter already admitted to his GUILT in this matter – at least until his sweetheart deal went to shit with the judge.
    Okay, take it away Miner… some of us actually enjoy reading your posts, as your Actual Idiocy is a fresh alternative to the usual Artificial Intelligence take on things.

  3. What I want to know is where did Hunter get his other handgun, the semi-automatic he is shown brandishing while naked and high? There doesn’t appear to be another 4473 form out there. Did Hunter–GASP–purchase it using the infamous “gun show loophole?”

  4. Listen Jack, ju ju judgctprdrivble if Hunter goes to penichtary I’m blombing North Korea.
    Let’s do pushups.

  5. … then it’ll resemble South Korea, where one of JRB’s soon to be a reality here lithium battery factories went up in flames and down in hazardous waste. And in a further parallell, it was mostly migrant (chinese) workers that perished in the “mishap”.

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