Hunter Biden's Appeal Options After Gun Conviction

Hunter Biden's Appeal Options After Gun Conviction

Hunter Biden's Appeal Options After Gun Conviction

Hunter Biden was convicted of federal felony gun charges by a Delaware jury on Tuesday. Despite this setback, Biden has several avenues for appeal to contest his conviction. His defense team, led by lawyer Abbe Lowell, has vowed to "vigorously pursue all the legal challenges available to Hunter." Key to these potential appeals are arguments based on the Second and Sixth Amendments of the U.S. Constitution.

Pending Motions for Acquittal

Before the trial concluded, Biden's attorneys filed three motions for acquittal, which Judge Maryellen Noreika has yet to rule on. These motions could form the basis of an appeal if they are denied. If successful, they could result in the acquittal of Biden without the need for further proceedings.

Second Amendment Challenge

One of the primary arguments for appeal will likely be based on the Second Amendment. Biden was convicted under a federal law that prohibits the possession of firearms by individuals who are addicted to controlled substances. His legal team has argued that this law is unconstitutional, particularly in light of the Supreme Court's 2022 decision in New York State Rifle & Pistol Association Inc. v. Bruen. This decision established that gun laws must align with the nation's historical tradition of firearm regulation.

Impact of Upcoming Supreme Court Decision

The Supreme Court is currently deliberating on U.S. v. Rahimi, a case that challenges the constitutionality of a federal law preventing alleged domestic abusers from possessing firearms. If the court upholds the law in Rahimi, it could weaken Biden's argument that the statute under which he was convicted is unconstitutional. Conversely, if the law is struck down, it could bolster his appeal by demonstrating the court's willingness to limit firearm restrictions.

Sixth Amendment Argument

Another potential ground for appeal involves the Sixth Amendment, which guarantees the right to a fair trial. During the trial, Biden's defense team attempted to introduce a second, allegedly altered version of the ATF firearms registration form he filled out when purchasing the gun. This form included additional information that was not present on the original form. However, Judge Noreika ruled the second form inadmissible, stating it was irrelevant and could confuse the jury.

Biden's attorneys argue that this ruling violated his Sixth Amendment right to present a complete defense. While this argument may not be central to his appeal, it is a potential issue that could be raised before the Third Circuit Court of Appeals.

Hunter Biden's conviction on federal felony gun charges sets the stage for a complex appeals process. His defense team is likely to focus on constitutional arguments related to the Second and Sixth Amendments. The outcome of the Supreme Court's decision in U.S. v. Rahimi will be particularly influential in shaping the success of Biden's Second Amendment challenge. Regardless of the immediate outcome, Biden's legal battles are set to continue as his defense explores every possible avenue for overturning his conviction.

   


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