Isn’t Hunter Biden actually innocent?

[SavannahMann]

That doesn't take away from the fact that he lied on a Federal form.

If you violate a law which is unconstitutional isn’t that actually not a crime? The behavior is in fact protected by the Constitution isn’t it?

 

[C_Clayton_Jones]

Isn’t the crime he is charged with, in fact tents of thousands have been charged with, unconstitutional on its face under the Bruen decision?

Yes.

But never underestimate the hypocrisy of the dishonest blind partisan right.

 

[Foxfyre]

In NY Pistol and Rifle vs. Bruen the Supreme Court held that prohibitions on Firearms Ownership must have been either common practice or similarly prohibited at the time the Second was adopted.

New York State Rifle & Pistol Assn., INC. v. BRUEN

www.law.cornell.edu

So where is the Analogous example that such restrictions are Constituional under the Second Amendment?

At the time of the adaptation of the Second the only paperwork you might deal with was a receipt for payment.

Hunter was not prohibited by Court Order. He hadn’t been convicted of anything previously where the Court had ordered that he not own firearms for a period of time. His right to keep and bear arms had been stripped from him without due process of law.

Isn’t the crime he is charged with, in fact tents of thousands have been charged with, unconstitutional on its face under the Bruen decision?

The law was clear that people using illegal drugs were not allowed to possess or use firearms. Hunter made false statements re his drug use and was an addict when he bought the gun. That is the crime.

I have kept quiet on this one because I am confident that had the government not been weaponized against Trump and his supporters and unjustly persecuted and prosecuted them for crimes NOBODY ELSE would have been charged, the DOJ would not have felt they had to save face by prosecuting Hunter for an actual crime. They were successful in shuffling the paperwork until the statues of limitation had run out on most of the serious felonies Hunter could have been charged with based on information from the laptop.

I am quite certain that Hunter would never have been charged otherwise. Few people go to court for such an infraction. As it is he is in a town where everybody knows him, he will have a very friendly and gentle prosecutor, judge and jury and is highly unlikely to be found guilty. Even if he is he will get off with no penalty or perhaps a reasonable fine.

 

[Stryder50]

If you violate a law which is unconstitutional isn’t that actually not a crime? The behavior is in fact protected by the Constitution isn’t it?

This usually has to be determined by SCOTUS, usually via a court case that challenges.
There are lots of laws that would appear to be unconstitutional, yet remain on the books and enforced.

 

[g5000]

This is lawfare!

The trial is rigged!

The judge is corrupt!

Et cetera, et cetera, et cetera...

 

[SavannahMann]

This usually has to be determined by SCOTUS, usually via a court case that challenges.
There are lots of laws that would appear to be unconstitutional, yet remain on the books and enforced.

Decisions from Appeals Courts are binding. But only for the areas they cover. Delaware is not subject to the Fifth, so the decision from that Appeals Court doesn’t affect Hunter’s trial.

This can, and has, led to conflicting interpretations from different Appeals Courts. Those have to be settled by the Supremes.

While I don’t know, the linked article from Bell Huey doesn’t say, I suspect that the ruling is being appealed. From the three judge panel, your choices up the ladder are full court of appeals, all the justices, and then, or in lieu of, to the full Supreme Court.

 

[AZrailwhale]

Unlikely...he seems like a completely lousy person to me.

But it will be fun to see the right winger's heads explode once more if he beats the rap in the wake of their idol getting 34 nails in his coffin. That would be sweet.

You won't see any heads explode. It will just be confirmation that the justice system is rigged. The exact same factors will be at work, a friendly judge, a prosecutor who at the very least bent the law in favor of Hunter and a local jury with a bias. Remember that this is the same prosecutor that tried to slip a plea bargain past the judge that would absolve Hunter of all criminal liability for ALL his crimes. The only reason it didn't work was that it was so egregious a violation of the law that the judge had to call them on it or get reversed and sanctioned.

 

[Wild Bill Kelsoe]

If you violate a law which is unconstitutional isn’t that actually not a crime? The behavior is in fact protected by the Constitution isn’t it?

Has "lying on a Federal form" been ruled unconstitutional?

 

[Freedomisneverfree]

 

[Freedomisneverfree]

 

[Freedomisneverfree]

 

[whitehall]

Yeah, Hunter is innocent until proved guilty .

 

[SavannahMann]

Has "lying on a Federal form" been ruled unconstitutional?

That prohibition has by the Fifth Circuit Court. The form itself should be ruled as unconstitutional by the standards of Bruen shouldn’t it?

 

[candycorn]

You won't see any heads explode. It will just be confirmation that the justice system is rigged. The exact same factors will be at work, a friendly judge, a prosecutor who at the very least bent the law in favor of Hunter and a local jury with a bias. Remember that this is the same prosecutor that tried to slip a plea bargain past the judge that would absolve Hunter of all criminal liability for ALL his crimes. The only reason it didn't work was that it was so egregious a violation of the law that the judge had to call them on it or get reversed and sanctioned.

Yeah, rich white guys have never had an advantage before Hunter Biden showed up.

 

[AZrailwhale]

Yeah, rich white guys have never had an advantage before Hunter Biden showed up.

Corrupt white guys have had an advantage. Hunter wasn’t rich before Joe became VP.

 

[M14 Shooter]

In NY Pistol and Rifle vs. Bruen the Supreme Court held that prohibitions on Firearms Ownership must have been either common practice or similarly prohibited at the time the Second was adopted.

Old news, discussed when Hunter was first charged.

 

[M14 Shooter]

I’m just saying if you are driven by principle that this conclusion is the one you have to reach. Republicans, and especially the Gun Rights Advocates should be out there making this argument.

They are.
9th circuit agreed.

https://cbsaustin.com/news/nation-world/non-violent-felons-can-own-firearms-after-release-from-prison-appeals-court-rules-us-v-duarte-the-ninth-circuit-court-of-appeals-california-supreme-court-scotus-vongxay-united-states-law-legal-news-second-amendment'

 

[M14 Shooter]

But never underestimate the hypocrisy of the dishonest blind partisan right.

^^^
Immeasurable irony

 

[M14 Shooter]

That prohibition has by the Fifth Circuit Court. The form itself should be ruled as unconstitutional by the standards of Bruen shouldn’t it?

Under Bruen, background checks in their entirety are unconstitutional.

 

[C_Clayton_Jones]

^^^
Immeasurable irony

The blind partisan hypocrisy of conservatives is both ridiculous and reprehensible.

Conservatives should fully support the overturning of any conviction on Second Amendment grounds – that the 4473 is clearly un-Constitutional and places an undue burden on the right to possess firearms.

But because the case involves Hunter Biden…