Hunter Biden has submitted a motion seeking a new trial on his federal gun charges following his conviction on three felonies earlier this month. Biden argues that the trial’s proceedings began prematurely before the Third Circuit issued a mandate regarding previous appeals, thus the district court lacked proper jurisdiction at that time. Biden claims this procedural error mandates the vacation of the court’s actions as per longstanding legal principles (CourtListener).
In addition to procedural concerns, Biden contends that one of the laws under which he was prosecuted is unconstitutional. Specifically, he challenges the application of 18 U.S.C. §922(g)(3), which prevents individuals “unlawful[ly] us[ing] or addicted to any controlled substance” from owning firearms (Title 18, Section 922). Biden’s motion references the Supreme Court’s decision in U.S. v. Rahimi, which supports a robust interpretation of Second Amendment rights and restricts firearm limitations to cases involving credible threats of violence. Biden asserts that his non-violent conduct falls outside these parameters, questioning the statute’s constitutionality.
Biden was found guilty on charges of making a false statement while acquiring a firearm and being a drug user in possession of a firearm, alongside related infractions (JURIST). The implications of this ongoing legal battle are crucial, not only for Hunter Biden but also for future interpretations of federal gun laws in light of constitutional protections.
No sentencing date has been set yet, as legal proceedings continue to evolve (JURIST).