Attorneys for Hunter Biden have filed a defense in his upcoming gun trial in Delaware, outlining arguments they may bring, including his state of mind when purchasing the firearm in 2018. Prosecutors plan to present evidence showing that he was using illegal drugs around the time of the purchase, as well as text messages, pictures, and excerpts from his autobiography. Hunter Biden faces three charges, including making false statements on a federal form and possessing a firearm while using illegal drugs, with the trial scheduled for June 3.
The defense attorneys raised concerns with the jury instructions proposed by the prosecutors, particularly regarding Hunter Biden’s belief about his drug use at the time of purchasing the firearm. They argue that terms like “user” or “addict” were not defined on the form and may not have been explicitly explained to him, given his recent completion of a rehabilitation program and sober living situation. The defense also points to Second Amendment arguments, suggesting that the statute he is charged with is violated only when a person is armed and actively intoxicated, using the weapon in a way that endangers others.
Hunter Biden’s attorneys contend that the proposed jury instructions by prosecutors violate the Second Amendment and unlawfully expand the scope of the gun-control law being used against him. They argue that responsible gun owners who take precautions when using substances like marijuana or prescription drugs should not be treated as felons. They emphasize that such actions are not only good policy but also a constitutional right under the Second Amendment. Despite previously filing a motion to dismiss the charges based on Second Amendment rights, the judge rejected the motion.
The upcoming meeting between prosecutors, defense attorneys, and the federal judge overseeing the case, Maryellen Noreika, is crucial for finalizing details before the trial begins. Both sides will have the opportunity to address any remaining issues and ensure that they are prepared for the proceedings. The defense will likely continue to argue for a fair interpretation of the law, focusing on Hunter Biden’s state of mind at the time of the firearm purchase and the application of the Second Amendment in his case. The prosecution will present evidence to support their claims of false statements and illegal drug use, aiming to secure a conviction.
The outcome of Hunter Biden’s trial will have significant implications, not only for himself but also for broader discussions on gun control laws and Second Amendment rights. The case raises questions about how the law should be applied in situations involving individuals with a history of substance use and rehabilitation efforts. As the trial approaches, the arguments presented by both sides will be closely scrutinized, and the judge’s decisions on jury instructions and legal interpretations will shape the final verdict. This high-profile case is poised to shed light on the intersection of gun ownership, drug use, and constitutional rights in the legal system.
