Hunter Biden’s attorney Abbe Lowell claimed on Tuesday the gun charges against him should be dismissed because they were “instigated by former President Trump and his MAGA allies.”
In September, Special Counsel David Weiss charged Biden with gun violations: one count of false statement in the purchase of a firearm, one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance, and one count of false statement related to information required to be kept by federal firearms licensed dealer.
The Messenger pointed to a statement from Lowell, in which he said, “The filings made by the prosecutors provide more evidence that these charges result from a politically motivated attack instigated by former President Trump and his MAGA allies.”
He continued, “This pressure caused the prosecutors to violate their own non-prosecution agreement, the DOJ’s own regulations for how they should have been appointed, and the Constitution to pursue them.”
On December 13, 2023, Breitbart News reported that Biden’s attorneys were seeking to have gun charges against him dismissed in light of the Supreme Court’s Bruen (2022) decision.
Breitbart News covered the issuance of the Bruen decision, noting that it struck down New York’s proper cause requirement for concealed carry permit issuance.
Bruen also set a path for Second Amendment jurisprudence moving forward, requiring that in cases involving challenges to gun control, courts are to weigh the controls by looking for historical precedents in American history and tradition rather than in claims that the controls serve a specific purpose. It is in appealing to this aspect of Bruen that Biden’s attorneys seek a dismissal of charges.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a Turning Point USA Ambassador, and a pro-staffer for Pulsar Night Vision. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and holds a Ph.D. in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at firstname.lastname@example.org.