A conservative-led appeals court decision has shaken the legal landscape to its core in regard to federal gun laws. A three-judge panel on the 5th Circuit Court of Appeals has decided that the law used to charge Hunter Biden was unconstitutional when applied in a previous case.
The Law in Question
The federal law in question bans people classified as “unlawful users of or addicted to any controlled substance” from owning guns. It came under scrutiny in a case involving a Mississippi resident – Patrick Daniels – who was convicted and sentenced to prison for possessing a firearm. Daniels was a cannabis user.
Overreaching Legislation in Daniels’ Case
The appeals court panel, in a surprising move, ruled that the application of this federal gun law was excessively broad when it was employed in Daniels’ case. Consequently, they overturned Daniels’ conviction. This decision calls into question the constitutionality of applying such a law to individuals with a history of drug use, potentially reshaping the legal landscape regarding firearm ownership rights.
Implications Beyond Mississippi
The appeals court’s ruling only applies specifically to the 5th Circuit, encompassing the states of Mississippi, Texas, and Louisiana. Regardless, there is undoubtedly potential for its impact to extend beyond this region.
The Basis of the Ruling
Judge Smith highlighted the rationale behind the decision. He said: “Our history and tradition may support some limits on an intoxicated person’s right to carry a weapon but it does not justify disarming a sober citizen based exclusively on his past drug usage. Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users.”
Hunter Biden’s Indictment and Its Distinction
The landmark ruling may not directly apply to Hunter Biden’s situation, however. Hunter, son of President Joe Biden, is facing three gun-related charges. His charges include allegations of lying about drug usage when purchasing a Colt Cobra revolver.
A Readily Distinguishable Case
Former federal prosecutor Andrew McCarthy, in a statement to Fox News, noted that Daniels’ case is “readily distinguishable” from Hunter’s. However, he suggested that the Justice Department might use the 5th Circuit’s ruling to support a deferred-prosecution treatment for Hunter in a plea agreement. This would involve two years of probationary conditions with the possibility of dismissal if conditions are met.
The Internet’s Response
News of the ruling in Daniels’ case, and its relation to Hunter Biden’s situation, was shared across social media. One commenter said: “This type of crime only exists so they can add years to sentences of people who committed real crimes like bank robbery. Seems like it’s either that or it’s used to oppress people.”
Some People Were Confused
Others were confused. “I thought the charge was about [Hunter] lying about being a drug user to get a gun, not about him being a drug user,” one person said. “Sure, but if the law that prohibits drug users from getting a gun is unconstitutional, him allegedly lying about being a drug user to get a gun is no longer a crime,” another replied.
The Nature of Law Enforcement
In regard to Hunter, another commenter wrote: “I’m not really sure what’s going on but I remember someone telling me long ago that if law enforcement takes an interest in you and they really want to get you, they will find something you’ve done wrong and charge you with it.”
Being the President’s Son
The aforementioned commenter went on to say that Hunter wouldn’t have faced any consequences if he wasn’t the president’s son. They wrote: “I just kind of feel that people kept throwing spaghetti at a wall until they found some dirt. And if this guy wasn’t who he was, it would have likely been ignored.”
A Very Old Fallacy
Replying to the previously mentioned commenter, another said: “That’s why the whole belief that if you’ve done nothing wrong, you’ve got nothing to fear is a fallacy and that’s even before we get to how they can change the rules and the application of them to make sure you’ve done something technically wrong if they need to.”
Sympathy on a Personal Level
One commenter expressed sympathy for President Joe Biden. They wrote: “Regardless of your opinions on the case or the Biden presidency, I feel bad for Joe Biden on a personal level for what he has to watch unfold.”
A Parent’s Love
The commenter continued: “I remember Trump mocking [Joe] Biden’s son during the debate and the pained look on [Joe] Biden’s face when he muttered, ‘My son, my son.’ Or the time Fox News had ‘dirt’ on [Joe] Biden when they leaked a voicemail [Joe] Biden sent to Hunter telling him how much he loves him, [begging] him to get help. It must be tough for a parent to watch their kid go through those kinds of personal troubles and more so in the public media circus.”
Medical and Recreational Cannabis
In regard to Daniels’ case, one commenter said: “The fact that the federal government sees all medical and recreational cannabis users who own guns as felons is a Second and 10th Amendment issue. Nearly every state has some form of medical cannabis.”
Cannabis at the Federal Level
The commenter continued: “About half of all states are fully legalized and recreational. There is nothing in the U.S. Constitution that says cannabis is illegal. This issue is a slam dunk for politicians. I’ll never understand why it’s not legalized at the federal level.”
Not Good for a Recovering Addict
Another person said: “If it was any other rich White dude, this problem would’ve gone away so long ago. Sometimes I wonder if [Joe] Biden regrets running for president just [because] of how hard they’re going after his son. I can’t imagine being Hunter Biden. This kind of attention cannot be good for an ex-addict.”
Hypocrisy and Joe Rogan
Others pointed out hypocrisy regarding the law in question. One person said: “Well yeah, it’s a stupidly worded law that only ever gets targeted enforcement. Joe Rogan has openly talked about taking a variety of substances all while owning various firearms and has been allowed to do so.”
A Very Hypocritical Move
“It would be a very hypocritical move to lock him up over something like this, not that I really put it past the right,” the commenter continued. It’s unclear whether they were referring to Hunter, Daniels, or perhaps both.
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