A major Supreme Court decision could potentially overturn Hunter Biden’s conviction and strengthen his appeal efforts. Biden was found guilty on three felony counts in his federal gun trial, where a Wilmington, Delaware jury determined he lied on a federal form about his drug use to obtain a firearm and possessed the revolver illegally for 11 days.
As Biden contemplates an appeal, a significant ruling from the Supreme Court could provide a favorable turn for his legal team. Michael McAuliffe, who predicts Biden will “undoubtedly” appeal the verdict, told Newsweek that numerous federal firearm prohibition cases are either pending before the Supreme Court or working their way through federal appeals processes.
“Biden, as someone convicted of a federal firearms crime that involves the narrow conduct of false swearing on a form, can and will use the Supreme Court’s aversion to the government’s enforcement efforts regarding non-dangerous possession of firearms in his appeal efforts,” McAuliffe explained. He emphasized that the central issue might be whether the Court considers false statements on a form sufficient to classify a gun buyer as dangerous and a potential felon.
One pivotal case before the Supreme Court this term is United States v. Rahimi, which challenges a federal law preventing individuals with domestic violence restraining orders from possessing firearms. The Supreme Court’s decision on Rahimi, expected later this month, could significantly impact Biden’s case.
Andrew Willinger, executive director of the Duke Center for Firearms Law, told CNN that a ruling in favor of Zackey Rahimi, a Texas drug dealer challenging the law, could provide substantial support for Biden’s appeal. Rahimi’s case is the most significant Second Amendment issue before the Court since the New York State Rifle & Pistol Association v. Bruen decision, which struck down a long-standing New York public carry law and questioned other gun control laws nationwide.
Lower courts in Texas and Oklahoma have already cited the Bruen decision to overturn firearm possession charges against marijuana users, and a federal appeals court ruled last year that nonviolent offenders cannot be legally prohibited from owning firearms. McAuliffe believes that these appellate issues are substantial and could ultimately favor Biden, despite the personal and legal costs he has incurred.
Rahimi’s case revolves around a 2020 restraining order against him that suspended his handgun license and warned him that possessing a firearm could be a felony. Despite this, Rahimi allegedly violated the order, resulting in further criminal actions. Jacob Charles, a Pepperdine University law professor specializing in the Second Amendment, told CNN that Rahimi and Biden’s appeal are interconnected, suggesting that the Court might limit gun prohibitions to individuals deemed dangerous.
