Hunter Biden pushes for dismissal of gun case, saying law violates 2nd Amendment

Hunter Biden pushed back Monday against gun charges filed against him challenging the case on multiple fronts as unconstitutional and politically motivated days after he was hit with new tax chargesHis defense attorney argued the gun case should be tossed out because an appeals court has found the law violates the Second Amendment under new standards set by the Supreme Court Abbe Lowell also ontended the charges against Hunter Biden violated immunity provisions that prosecutors agreed to in a plea deal they abandoned after Republicans slammed it as a sweetheart dealThese charges are unprecedented unconstitutional and violate the agreement the US Attorney made with Mr Biden Lowell said in a statement This is not how an independent investigation is supposed to work and these charges should be dismissed The flurry of court documents comes as Hunter Biden faces charges in two states headed toward trial while his father President Joe Biden runs for reelectionProsecutors for their part have previously said that any immunity provisions are now defunct along with the rest of the plea agreement that imploded over the summer Special counsel David Weiss didnt immediately respond to Hunter Bidens other arguments which also include a contention that Weiss wasnt properly appointed The prosecution has until Jan 16 to respondThe original plea deal negotiated between the prosecution and the defence contained immunity provisions meant to bring closure and finality to the investigation and protect Hunter Biden from being charged for the same conduct if Donald Trump was reelected his previous lawyer said in court documentsUnder the agreement Hunter Biden would have pleaded guilty to misdemeanour tax charges and avoided a full prosecution on a gun count if he stayed out of trouble for two years Hes accused of having a gun for 11 days in 2018 a period where he has acknowledged using drugs Its illegal for habitual drug users to own gunsSince its dissolution of that deal though prosecutors have filed three felony gun counts in Delaware and last week nine tax counts in California alleging he schemed to avoid paying USD 14 million in taxes between 2016 and 2019 Republicans have said the new charges show the original deal was too lenient Lowell though argued Weiss buckled under political pressure to bring more severe chargesFirearm charges like those Hunter Biden is facing are seldom filed as standalone counts in nonviolent offences An appeals court meanwhile has struck down the law itself finding people shouldnt lose their right to bear arms due solely to past drug useThat decision from the Louisianabased 5th Circuit came after the Supreme Court set new standards for gun laws in 2022 leading to upheaval in the nations gunlaw landscape President Biden called the Supreme Court opinion deeply disappointingThe 5th Circuit ruling doesnt directly affect Hunter Bidens case since it was made in another part of the country but the federal appeals court overseeing Delaware has made another ruling that people convicted of nonviolent crimes shouldnt be barred from gun possession for lifeThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever