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Will Hunter Biden Get Jailed on Gun Charges?

Will Hunter Biden Get Jailed on Gun Charges?

The efforts of the leftist establishment to protect Hunter Biden’s crimes are faltering at the doors of justice, thanks to a few good men still serving in the judicial system. The charges of lying on the gun purchase form have returned to haunt the junior Biden and prosecutors say that he faces 15 to 21 months in prison if convicted on those charges.

Hunter Biden currently faces three criminal charges related to purchasing a gun in Delaware in 2018, two of making false statements when buying the gun and one charge of possession of a gun while using illegal drugs. In Hunter’s case, the illegal drug in question is cocaine that he is known to have addictively used for years.

The maximum sentence for all his gun-related charges combined is 15 years, but as opined in The Washington Times, Hunter Biden is not likely to be sentenced even close to the maximum. The story cited Derek E. Hines, the senior assistant special counsel, as:

“Preliminarily estimates that the defendant’s post-trial guidelines as determined under the United States Sentencing Guidelines are 15-21 months’ imprisonment.”

Since Hunter Biden’s gun-related charges made news, liberals have tried to dismiss the law that makes lying on gun purchase form a criminal offense. Last year a few federal courts ruled against the law. However the Supreme Court of the United States (SCOTUS) has yet to rule on the law.

But Hunter Biden’s crime of lying on the gun purchase form and keeping the gun while actively using cocaine got more difficult to defend as court documents recently revealed that the FBI found cocaine on Hunter’s gun holster, offering direct evidence of Hunter’s cocaine use while in possession of the gun. The gun in question, a 38-calibre Colt Cobra revolver, was tossed into a trash can behind a convenience store in Delaware by his sister-in-law Hallie Biden. At the time, Hunter was sexually involved with Hallie who was a widow after the death of her husband and Hunter’s brother Beau Biden in 2015.

Purchasing a gun by lying is one of the several legal troubles Hunter Biden is currently facing. Last month, Special Counsel David Weiss charged Hunter in the U.S. District Court for the Central District of California with three felonies and six misdemeanors for non-payment of federal income tax for about 4 years. Hunter also filed false returns around February 2020 apparently in attempt to evade the assessment of taxes for the tax year 2018.

In the House of Representatives, Hunter Biden faced contempt of Congress charges after he defied a Congressional subpoena by House Republicans to appear and testify before the House Oversight and Judiciary Committees in December 2023. But after House Republicans held a public hearing earlier this month to vote on contempt charges against Hunter, he flipped and agreed to appear for a deposition before the said committees. His deposition is reportedly scheduled for February 28, 2024.

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    Damn, the Dumpster has more sources than story. Hats off Kamil. Short answer: no jail time, why would he? I would love to see the massive leftist actions that target getting Hunter off the hook on this as Dumpy claim. Beyond that little spin, article seems spot on.

    What’s missing is that the law has been under attack for some time by, and you already know the answer, right? By the NRA. According to Reuters: “The Supreme Court ruled in 2022 in a case known as New York State Rifle and Pistol Association v. Bruen that gun restrictions must be consistent with the U.S. “historical tradition of firearm regulation.” Legal experts said the ruling might protect the younger Biden from prosecution.”

    “There would be some irony if a case greatly expanding Second Amendment rights is titled Biden v. United States,” UCLA constitutional law professor Adam Winkler said.

    Cases now being litigated will help determine how far the Bruen ruling lets courts go in invalidating gun laws. An earlier version of Reuters said:

    “The Bruen decision has created a great deal of uncertainty in terms of which guns laws are constitutional and which may not be,” said Andrew Willinger, executive director of Duke University’s Center for Firearms Law.

    One U.S. appeals court already has concluded that the drug-related statute at issue in Biden’s case may be unconstitutional in some circumstances in light of the Bruen precedent. In a case involving a marijuana user, the New Orleans-based 5th U.S. Circuit Court of Appeals in August found that U.S. history and tradition “does not justify disarming a sober citizen based exclusively on his past drug usage.”
    Hunter Biden’s lawyers may cite that 5th Circuit ruling in challenging the drug-related possession count.

    Federal prosecutors are likely to argue, as they have in other cases, that 19th century restrictions on intoxicated people possessing guns and laws disarming groups deemed dangerous give historical grounding to the charge against Hunter Biden.

    The Atlanta-based 11th U.S. Circuit Court of Appeals is set on Thursday to hear a challenge by medical marijuana users in Florida to the federal ban on illegal drug users possessing guns.

    Even if Hunter Biden gets the possession charge dismissed, there is still the matter of the two counts accusing him of false statements on the background check form. Those counts, according to experts, may be harder to dislodge because the charge is similar to others unrelated to guns that criminalize lying to the U.S. government on significant matters.

    The Supreme Court is set to rule again on gun regulation in a Texas case to be argued on Nov. 7 involving whether people under domestic violence restraining orders can be barred from gun possession. That decision, expected by the end of June, may clarify the level of danger a person must pose to be barred from having guns.

    In that case, the 5th Circuit applied the Bruen ruling in concluding that banning people under such restraining orders from owning firearms was “an outlier that our ancestors would never have accepted.”

    “I think that it could potentially have a huge influence on a case like Biden’s,” Southern Methodist University law professor Eric Ruben said of the Supreme Court’s eventual ruling in the Texas case.”

    I believe the NRA is supporting most or all of these.


    Just saying.

    Plus, there’s the crime and penalty itself. According to the Times: “In reality, few people fitting Mr. Biden’s profile — a first-time, nonviolent offender accused of lying on a federal firearms application, who never used the gun……”

    These prosecutions are rare. More so if there is not an underlying crime which there is not. It can not be proven that he even possessed the gun for long. My guess is there will be no jail time and minimal punishment as typical in these cases with a first-time, nonviolent, non-criminal defender. To throw the book at him just seems to be targeting bigger game than Hunter the small fry.

  2. Darren

    So Frank, lets be frank!
    If this article was about you doing all the things Hunter did.
    You would get NO Jail Time?
    Does that sound like a Fair Democracy?
    Enough said!

    • Americafirst

      Darren, careful there. Frank may just be a Democrat so he wouldn’t go to jail.


      Fair enough question Darren, although I thought I answered, perhaps not with the “numbers,” and you could have looked too. The article and question are really about the gun charges; I will leave the tax fraud out of it although usually the IRS backs off upon payment and in the half dozen personal cases, they have always removed the penalty or threat therein.

      First, the overview as noted by NBC News:” Legal experts say the charges against Hunter Biden are rarely brought.” Well, there’s that…..what they say is: “The federal gun charge, which makes it unlawful for a drug addict to possess a weapon, is a rarely used statute that is facing legal challenges and has recently been used as a catch-all charge against white supremacists.” It’s the NRA fighting the law. The expected result: “Like the gun charge, the tax charges are rarely brought against first-time offenders and even more rarely result in jail time.”

      So yeah, I would doubt I would be charged and, if charged, pretty sure I would not serve any time.

      “A federal appeals court ruled in June that the government cannot ban those convicted of nonviolent crimes from possessing a weapon, and a federal court in Texas recently ruled — following a major Supreme Court case last year that expanded gun rights — that the ban on drug users possessing weapons violates the Second Amendment.” Based on gun control bans, I expect the NRA to win on this one. As I noted, this charge is most often used IF there is another crime charged. Not as a standalone as in Hunter’s case.

      Out of 30 million background checks against the form, only 300-500 find lies and only 1/3rd of those are prosecuted, usually based on another underlying crime. No one knows how the drug question alone fares. Also, no one knows how many prosecutions are wins.
      Yeah, I would take my chances, and have, on that one.

  3. Hal Oates

    Who cares about that crackhead loser and what he does and doesn’t do. I think the target is and should always be his demented perverted father and the destruction he is causing to this great republic. Keep you eyes on the ball, Folks!

    • Dan tyree

      And watch out for cheating

      • Frank stetson

        Yeah, you’re so good at seeing cheating that you missed the guy doing it right in front of your face, telling you, and you still can’t see it today.

        65 court cases couldn’t see it
        Half dozen recounts couldn’t see it
        You stormed the Capitol in your blindness

        If he told you to jump off a cliff, there you go again.

        • Americafirst

          Frank sounds like you are in love with Joe Biden and hate Trump. What else do you want with Joe Biden?

        • Gordon Hoyt

          Somebody’s butthurt.

        • Harold blankenship

          If Biden told you to suck his dick you would hit your knees. And yes, the courts turned their backs on eye witnesses who saw the worst cases of cheating ever. It’s evident that we can’t depend on the courts and government to keep things fair. I guess they were threatened or bribed. Probably both. Just don’t try it again. In other words don’t keep reporting 35% approval numbers for Joe and ho thru Election Day and then say that they won. We’re having none of it. Better spread the word.

  4. Gerald Mann

    How is it that any American citizen that bought a pistol, that for some reason should not have a pistol would be arrested and held for court and would be placed in jail or prison, yet that dumbass son of Bidens has just about broken every law imaginal, and not only that but was supposed to appear in congress to answer several federal criminal charges that were filed against him , not to mention several times been found in position of cocaine, and is still permitted to walk around, free as a bird , where as if he was any other citizen he would be arrested and imprisoned ? as far as I know no one voted for Hunter nor had Hunter been around elected officials like this dumb ass is permitted to do. Secondly I can understand a seated President to not be arrested , how in the world can the United States of America stand back and watch this family that somehow got elected run all over our laws and our Constitution like this dumb ass is doing , hell he was at a congressional hearing and after he and his attorney sat there and laughed at the Congress men and women and be permitted to get up and leave ?