Hunter Biden is currently contesting his conviction on three felony gun counts, almost two weeks after the verdict was delivered. Despite the slim chances of success, he is determined to pursue this course of action.
In court documents filed on Monday, lawyers representing Hunter Biden have requested a new trial, stating that his “convictions should be vacated.” Their argument is based on the fact that the trial began before a circuit court officially issued a mandate denying his appeal. This is a technical argument, not disputing the merits of the case, but rather a procedural claim.
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The lawyers representing Biden made it clear that no mandate was issued during the trial, nor is one being issued now. In light of this, they argue that the conviction must be vacated.
Earlier this month, Biden Jr. was convicted on two counts of making false statements. He claimed on a federal form that he was not addicted to drugs when he bought a Colt Cobra 38SPL revolver in October 2018. Additionally, he was found guilty of illegally obtaining the firearm while being addicted to drugs.
In a distinct submission on Monday, Hunter Biden’s lawyers contended that the recent U.S. v. Rahimi verdict, upholding the federal prohibition on firearms for individuals under domestic violence restraining orders, further fortified their plea for an acquittal or, at the very least, a new trial.
In the decision, Chief Justice John Roberts emphasized that individuals who pose a real and credible threat to their intimate partners’ physical safety can be prohibited from possessing firearms while the order is in effect, which is in accordance with the Second Amendment.
Hunter Biden’s lawyers argued on Monday that his Second Amendment right to bear arms should not be revoked since he has never used his firearm in a violent or abusive manner.
Biden’s lawyers argued that the jury did not find any evidence of him terrorizing anyone with a gun in public or anywhere else, nor did he use it in a dangerous manner. Therefore, they believe that he should be acquitted.
The legal team of Hunter Biden brought up a question during the trial regarding the duration a drug addict needs to stay away from drugs before being able to buy a firearm. This may suggest that they are preparing for another appeal.
The lawyers questioned the clarity of the line that distinguishes legal from illegal activities and when exercising a constitutionally protected right becomes a felony. They raised concerns about how a person can be aware of their right to possess a firearm if they had used a prohibited substance in the past – be it a day, a week, a month, or even years before. “This Court has not provided any answers,” the lawyers argued.
