I wrote about Robert Hunter Biden’s indictment for violation of federal gun legal guidelines in a publish entitled “What the Hunter Biden Indictment Means for Cannabis Users” again in September 2023. On June 11, 2024, a jury in a federal district courtroom in Delaware discovered Hunter responsible of three felony counts. At this time I wish to take a look at how this might have an effect on hashish customers.
Hashish legalization and gun management legal guidelines
Beneath is a listing of prior posts from our weblog on the intersection between hashish legalization and federal gun management legal guidelines, which give a whole lot of background to what this publish discusses:
With out rehashing these prior posts, the primary situation is that federal regulation prohibits possession or possession of weapons by individuals who’re hooked on or unlawfully use managed substances. This contains hashish, even in states the place it’s authorized, and even whether it is for purely medical functions. In actual fact, the ATF’s required form to buy a firearm states this clearly.
In 2022, the US Supreme Courtroom rendered a choice in New York State Rifle & Pistol Association, Inc. v. Bruen, which modified the assessments courts use to find out whether or not legal guidelines infringe the Second Modification.
Following Bruen, quite a few federal courtroom challenges have been lodged in opposition to the federal prohibition on gun possession or possession by hashish customers. Many of those cannabis-related challenges have been profitable. In actual fact, federal courts have already discovered completely different federal firearm restrictions unconstitutional, and the US Supreme Courtroom is anticipated to rule on a similar challenge (not cannabis-related) this month.
In different phrases, it’s doubtless that within the subsequent few years the US Supreme Courtroom will contemplate an enchantment concerning hashish customers’ gun rights. Primarily based on my assessment of the present panorama of selections, I imagine the US Supreme Courtroom would maintain that hashish customers nonetheless have Second Modification rights, however it could qualify that call by permitting restrictions on possession by individuals beneath the affect of hashish.
The Hunter Biden matter
Now, how does this relate to Hunter Biden? Hunter’s case concerned allegations that he was hooked on crack cocaine (not hashish) when he bought a firearm. Two of the costs associated to false statements on governmental types, and one associated to possession of a gun in violation of federal regulation. As talked about, the jury discovered him responsible on all three costs.
As soon as the Delaware courtroom sentences Hunter, he’s more likely to problem the above-mentioned federal legal guidelines on the grounds that they’re unconstitutional beneath Bruen. Whereas crack is clearly a lot completely different from hashish, federal gun management legal guidelines deal with all managed substances the identical. In different phrases, the regulation that Hunter was discovered responsible of violating would additionally apply to equally located hashish customers. Likewise, if the regulation is held to be unconstitutional with respect to drug customers, it could doubtless apply equally to Hunter and hashish customers.
All that mentioned, the issue for Hunter will likely be in the truth that he was charged for mendacity on a federal kind. Even when the prohibition on gun possession by drug customers had been held unconstitutional, there’s nonetheless the issue that what he wrote on a federal kind was not correct. That is additionally a difficulty that a few of the hashish challengers might face as properly.
What’s subsequent for hashish customers and gun management legal guidelines
In the end, these federal challenges have an extended technique to go, and there’s all the time the chance that he’s pardoned earlier than an enchantment is exhausted. That mentioned, it’ll be attention-grabbing to look at people from very completely different political persuasions linking as much as problem federal gun legal guidelines. As all the time, we’ll preserve posting with extra updates, so keep tuned to the weblog.
