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In a recent court filing, the U.S. Department of Justice (DOJ) has contested Hunter Biden’s defense against federal gun charges.

The DOJ argued that Hunter Biden, President Joe Biden’s son, poses a public safety risk and cannot invoke his constitutional right to bear arms to evade prosecution. This stance challenges Hunter Biden’s legal team’s assertion that there is no historical basis for barring individuals with a history of substance abuse from possessing firearms.


Hunter Biden, 53, faces indictment for allegedly lying about his drug use while purchasing a firearm in 2018. This case marks the first instance of a sitting president’s child being charged with a felony. Hunter Biden’s attorney, Abbe Lowell, sought dismissal of the charges in December, citing a potential constitutional conflict with a 2022 Supreme Court ruling in New York State Rifle and Pistol Association v. Bruen. This ruling emphasized that firearm regulations must align with the United States’ historical tradition of firearm control. However, the DOJ referenced laws dating back to 1328 in England, asserting a historical basis for restricting dangerous individuals from weapon possession, a principle applied in the U.S. during the Constitution and Second Amendment’s adoption.

The DOJ also refuted claims that Hunter Biden was shielded from prosecution by a plea agreement offering “sweeping immunity.” According to the DOJ, the agreement needed the signature of the chief U.S. probation officer for the District of Delaware, Margaret Bray, who reportedly never signed it. Hunter Biden’s legal team has accused U.S. special counsel David Weiss of succumbing to political pressure from former President Donald Trump and violating the plea deal.

In addition to the gun charges, Hunter Biden faces allegations in a California tax case, accused of failing to pay $1.4 million in taxes while maintaining an expensive lifestyle. He has pleaded not guilty to both the tax and gun charges.


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