Hunter Biden posed a threat to public safety, DoJ argues in gun case

Hunter Biden posed a threat to public safety and cannot rely on his constitutional right to a firearm to avoid prosecution for federal gun charges, the US Department of Justice said in a court filing on Tuesday.

Lawyers for the son of the president arecurrently attempting to have three felony gun charges against him thrown out after he was indicted in Delaware in September over a gun purchase in October 2018 when he was in the grips of drug addiction.

Prosecutors allege that Mr Biden unlawfully possessed a Colt Cobra 38SPL revolver for 11 days after he falsely claimed on a gun purchase form that he didn’t use drugs. Under federal law, an unlawful drug user cannot legally possess a firearm.

Attorneys for Mr Biden have attempted to get the charges thrown out, arguing that the law used to charge him was likely unconstitutional based on a recent Supreme Court ruling on the Second Amendment, which ruled that gun restrictions must be consistent with the US “historical tradition of firearm regulation”.

Legal experts claim this could protect Mr Biden from prosecution, arguing that the government has historically chosen not to disarm individuals who used drugs or alcohol.

However, the Department of Justice has argued that Mr Biden’s legal team has misinterpreted US Supreme Court guidance by arguing there is no historical precedent for preventing people with a history of substance abuse from possessing guns.

Hunter Biden was indicted on three felony gun charges

“Anglo-American law has long recognised that the government may disarm those who, by their conduct or characteristics, present an increased risk to public safety if they possess firearms,” the DoJ said in a court filing in Delaware.

The president’s son is facing up to 25