Hunter Biden’s lawyers argue with prosecutors over how to define ‘addict’ in latest filing for gun trial
WILMINGTON, DELAWARE: On Thursday, May 23, attorneys representing Hunter Biden presented a court filing highlighting potential arguments for his upcoming gun trial in Delaware.
Among these arguments is the consideration of his state of mind at the time of purchasing a firearm in 2018.
Prosecutors intend to introduce evidence, including text messages, images, and excerpts from Hunter Biden's autobiography, to establish that he was using illicit drugs around the time of the firearm purchase.
The charges against the incumbent president's son include making false statements on a federal form and possessing a firearm while using illegal drugs. The Hunter Biden gun trial is scheduled to commence on June 3, according to CNN.
What did Hunter Biden’s lawyers claim in their court filing?
In a filing submitted by Hunter Biden’s attorneys on Thursday evening, they addressed several issues they have with the jury instructions proposed by the prosecutors.
One concern raised in the filing is whether Hunter Biden thought he was a drug user or addict when he bought and possessed the firearm.
“The terms ‘user’ or ‘addict’ are not defined on the form and were not explained to him,” the defense attorneys claimed. “Someone, like Mr Biden who had just completed an 11-day rehabilitation program and lived with a sober companion after that, could surely believe he was not a present tense user or addict.”
The filing also outlines various arguments related to the Second Amendment.
Attorneys for Hunter Biden contend that the statute he is accused of violating "is violated only when a person is simultaneously armed and actively intoxicated, and using the weapon in some way that terrifies or endangers others".
“As there is no evidence that Mr Biden never loaded or fired the weapon, displayed it publicly, or threatened anyone with it, and was not in actual possession of the firearm throughout the entire eleven days from the time of purchase to disposal, the Special Counsel cannot meet that burden,” the defense attorneys wrote.
The jury instructions that the prosecution had suggested, according to Hunter Biden's legal counsel, "violate the Second Amendment" and "unlawfully expand the scope" of the gun control law that is being employed against him in this case.
The defense attorneys argued in the Thursday filing, “A gun owner who leaves their guns behind when they head to the bar for a drink or locks their gun in a lockbox or safe while using marijuana (or taking a legally prescribed Oxycontin) is being responsible and should not be treated like a felon. That is not just good policy, it is a constitutional right under the Second Amendment.”
Hunter Biden's attorneys had previously filed a motion to dismiss the charges against him. They argued that the primary statute under which he's charged violates his rights under the Second Amendment. However, the judge presiding over the case rejected the motion.
Prosecutors and defense attorneys are scheduled to meet on Friday with Maryellen Noreika, the federal judge overseeing the case, for the final conference before the trial begins.
