Attorneys representing President Joe Biden’s son told Justice Department officials, according to reports, that a recent court ruling regarding gun rights for marijuana users should invalidate all charges related allegations that he had lied on a federal firearms form about his drug usage.
Federal prosecutors are investigating the handgun purchase in 2018, which occurred at the same time that Hunter Biden revealed that he used crack cocaine regularly. His attorneys have challenged the idea that Biden could be prosecuted because he allegedly said that he wasn’t an illegal user of drugs on the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives form.
The ATF document is false, and it is a crime. However, the constitutionality of this drug issue has been questioned by several federal courts. At least in the case of cannabis. According to The New York Times’ report, Biden’s lawyer is citing specifically a February decision in the U.S. District Court for the Western District of Oklahoma ruled that the prohibition on marijuana users buying or possessing firearms was unconstitutional.
The Department of Justice of President Biden has fought for the prohibition of marijuana and other controlled substances in several lawsuits. They maintain that those who use these substances are dangerous by nature and not suited to own firearms. The DOJ has informed his lawyers that they intend to challenge the constitutionality and bring charges against the younger Biden.
Based on the recent U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen that states any gun restrictions should be in line with the original context of the Second Amendment ratification in 1791, the district court’s marijuana case ruling and the ongoing lawsuits about cannabis and gun rights are based upon this precedent.
The Justice Department appeals the decision of the district court to the U.S. Court of Appeals of the Tenth Circuit. It is also set to appear before the U.S. Court of Appeals of the Fifth Circuit in a case that involves a challenge of a federal district judge’s ruling on firearm possession for a person who has admitted to using cannabis.
The president didn’t comment directly on the lawsuits but did speak about ATF’s policy when referring to his son’s alleged dishonesty in filling out the form.
Last year, the president said to CNN that he didn’t have any knowledge about guns. “But it turns out that he was asked, ‘Are you on drugs or do you use drugs’ when he applied to buy a gun. He wrote in his book about how he said no.
He said, “I have great faith in my son.” “I love my son and he is on the straight-and-narrow, and has been doing so for several years.” “I’m so proud of him.”
ATF has stated that the ban on marijuana firearms is clear and enforceable in all states, even those where marijuana is legalized. The agency reminded people that cannabis users are prohibited from purchasing or possessing firearms and ammunition until federal prohibition is lifted. This was shortly after Minnesota’s Governor signed the legalization bill this week.
ATF will issue an advisory in 2020 that specifically targets Michigan and requires gun sellers conduct federal background checks for all unlicensed buyers. It said Michigan’s cannabis laws allowed “habitual marijuana consumers” and other disqualified persons to obtain firearms without a license.
Recently updated its cannabis employment policy, despite ATF’s insistence that it must enforce this ban.
The update make it so applicants who’ve grown, manufactured or sold marijuana in compliance with state laws while serving in a “position of public responsibility” will no longer be automatically disqualified–whereas those who did so in violation of state cannabis policies won’t be considered.
Two Republican members of Congress have introduced two bills in this session, focusing on marijuana and gun policy.
Rep. Brian Mast, co-chairman of the Congressional Cannabis Caucus and a member of the House of Representatives, introduced legislation last month that would protect the Second Amendment right of marijuana users in states where the drug is legal. This would allow them to buy and possess firearms, which they are currently prohibited to have under federal law.
Mast is also co-sponsoring in this session a separate Bill from Rep. Alex Mooney (R-WV), which would allow medical marijuana patients to buy and possess firearms.
Colorado Governor signs bill strengthening marijuana-related protections for working professionals
The post Hunter Biden’s attorneys cite marijuana and gun ruling to deter charges on alleged federal form lying, reports say appeared initially on Marijuana moment.
