Delaware—Let’s begin with the gun violation. This Federal law was born within the Gun Control Act of 1968 after the assassinations of the Kennedy’s and Martin Luther King. Of course, guns were blamed for these murders by the hand wringing, gun right haters, much more so, than the killers.
A portion of that 1968 Johnson Administration, federal law dealt with making a requirement that anyone purchasing a gun from a licensed gun dealer had to truthfully fill out what is commonly known as a 4473 form.
The 4473 form asks a lot of questions including if you’re under indictment or been convicted of a crime that carries a prison penalty of more than a year. Additional questions involved mental health status and citizenship. Later, questions involving Red Flag, domestic abuse and restraining orders we're added to this form.
More Recently the FBI got involved in doing background investigations that became an expensive nightmare because of name similarities, refusal of mental health agencies to provide access to records and massive clerical screwups.
The key 4473 question Hunter Biden falsified was, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, common narcotic drug or any other controlled substance?” This was considered a very serious felony crime carrying a punitive ten-year prison sentence.
Now the rub. The younger Biden will be allowed to enter a diversion program and this specific crime will be completely wiped off his record provided he successfully completes the program. He may have to do some public service like working for a food bank. For Hunter Biden there is no probation, jail term nor is there a criminal record under this agreement.
Was this portion of the plea agreement a sweetheart deal? Or was it an absolutely necessity considering the United States Supreme Court Bruen decision of a year ago and The Big Guy?
President Biden has been screaming for gun bans most of his lifetime political career. He got a serious Bruen ass kicking with the invalidating some 20,000 local, state, and federal gun laws.
There can be no doubt that the younger Biden would have to use Bruen to beat the gun form deception crime. The reality is that criminal cases get through the appellate system much faster than civil cases especially when people are sitting in jail. The Whitehouse certainly doesn’t want to see the Biden name attached to some case invalidating any portion of the now castrated 1968-gun Control Act.
The resulting massive amount of new gun law court challenges has taken the wrecking ball to gun regulations all over the nation.
Bruen also destroyed requirements outlawing Interstate gun sales and these 4473 forms. Gun Registration and Serial number requirements are also rapidly on their way to the unconstitutional trash heap.
The Bruen decision held that the founding fathers did not create loopholes allowing gun rights impairments in 1791.
Modern public safety concerns can’t be used as an excuse to impair the Second Amendment. The only factors that can be involved in making a gun law according to Bruen must be rooted in text, history, and tradition when the Second Amendment was promulgated in 1791.
As for the two charges connected to Hunter Biden’s tax fraud, I think the Biden run DOJ had to get Hunter Biden’s lawyers to agree to sidestep fighting the gun violation. So to sweeten the pot, he gets to avoid a free ride to prison on that too.
George Orwell said it best in his book, Animal Farm. “All pigs are equal, but some pigs are more equal than others.”
Take that, Wesley Snipes! I guess Democrats have a two-tiered punishment system that seems to have a racial overtone. The Biden name is clearly, by far the best kind of White privilege ever!