Facing gun charges? New court ruling may provide viable defense – Fo law scrgruppen

If you are facing firearms charges, a recent Supreme Court ruling may provide you with a legal basis to defend yourself against these charges – even if you committed the crime in question.

This is because under the 2022 ruling, the underlying crime charged may be unconstitutional. Here’s what to know about this evolving area of ​​law.

History of the Second Amendment

the Second Amendment The United States Constitution is a constituent right. It expressly states: A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. Simply put, many people interpret this amendment as the right to bear arms.

For many years, the amendment remained unchallenged. However, a series of legal cases led to contradictory results. Some courts have held that the amendment relates only to the right to be protected by militias and not to provide a private right to bear arms. Other courts have held that the Second Amendment grants the right to private citizens to possess firearms. However, some people were prohibited from possessing firearms, such as those convicted of felonies or subject to domestic violence protective orders.

In the 2008 case District of Columbia v. HellerThe Court explained that the Second Amendment protects an individual’s right to possess firearms for historically lawful purposes, including self-defense in the home. However, the Court expressly stated that this right is not unlimited and does not affect the right to regulate places where weapons may not be possessed, such as schools or government buildings.

Bruin’s rule

In case of 2022 New York State Rifle & Pistol Association v. Bruin, The Supreme Court held that a state law requiring someone to provide a reason for carrying a gun outside the home for self-defense conflicts with the Second Amendment. The court went further by creating a new test of text and history that the government must pass to show that its law regulating guns must pass in order to be considered constitutional.

Under the text and history test, courts must determine whether the plain text of the Second Amendment covers an individual’s conduct. If so, the government must demonstrate that the regulation in question is consistent with or closely similar to the country’s historical tradition of regulating firearms.

Example: Hunter Biden case

To see how the Bruin booking could impact gun charge cases, let’s take a look at a high-profile case, that of Hunter Biden.

It was Hunter Biden, the president’s son Accused On weapons charges. Here is some background information about the case:

  • Hunter Biden applied for a handgun in October 2018.
  • Question 11.e. on Form 4473 Requires the buyer to certify that he or she is not an illegal user or addict of any controlled substance.
  • In the application, Hunter Biden maintained that he was not an illegal user or addicted to any controlled substance.
  • It is claimed that in fact A User and addict of a controlled substance He learned that his testimony was false.
  • Hunter Biden was indicted by a grand jury on September 14, 2023, over these allegations.

under Bruin Ruling, the regulation in question, i.e. fulfillment of the requirements set forth in Form 4473, must be evaluated under the text and history of the Second Amendment. The government will need to be able to point to relevant debates when adopting the Second Amendment or ratifying the Fourteenth Amendment.

Since many anti-drug laws did not exist until the 20th century, Biden may be able to argue that the regulations that led to his indictment do not pass the test of text and history. Possession of weapons For people with drug problems, this was likely a no-brainer by the grandparents, so the charges should not continue. If the court agrees, the charges against Hunter Biden could be dismissed, and it could also lead to the further dismantling of burdensome gun laws.

How Bruin and a knowledgeable attorney can help

At Broden & Mickelsen, LLP, we stay on top of the latest legal decisions that could affect our clients. the Bruin The decision allowed criminal defendants across the country to challenge the constitutionality of several federal gun crimes. Subsequent rulings in some circuits have also found that the ruling makes many gun crimes unconstitutional and overturns previous court decisions to the contrary.

In light of the Bruin decision, it is possible that she might be able to make a Second Amendment-based attack regarding the gun law he is accused of. We encourage you to contact our firm today to discuss your case and this possibility with an experienced Dallas criminal defense attorney.

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