{"id":96091,"date":"2023-09-17T18:02:26","date_gmt":"2023-09-17T23:02:26","guid":{"rendered":"https:\/\/milesfortis.com\/?p=96091"},"modified":"2023-09-17T18:02:26","modified_gmt":"2023-09-17T23:02:26","slug":"96091","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=96091","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/www.thetruthaboutguns.com\/random-thoughts-on-hunter-biden-domestic-violence-and-disarming-those-who-havent-been-convicted-of-a-crime\/\">Random Thoughts on Hunter Biden, Domestic Violence, and Disarming Those Who Haven\u2019t Been Convicted of a Crime.<\/a><\/p>\n<p>One of the most entertaining aspects of Hunter Biden being\u00a0<a href=\"https:\/\/www.thetruthaboutguns.com\/hunter-biden-indicted-on-3-counts-of-lying-on-background-check-form-gun-possession-while-using-narcotics\/\" target=\"_blank\" rel=\"noopener\">indicted<\/a>\u00a0on three\u00a0<a title=\"This is an affiliate ad link.\" href=\"https:\/\/www.avantlink.com\/click.php?tt=ale&amp;ti=11297&amp;pri=9659&amp;pw=275597&amp;mi=16365&amp;url=https%3A%2F%2Fwethepeopleholsters.com%2F\" target=\"_blank\" rel=\"noopener ugc,nofollow\">gun<\/a>-related charges due to his drug use is the reaction of those on the left side of the political spectrum. They\u2019re screaming that given how few people are prosecuted for lying on 4473 forms, the only reason he\u2019s been charged is his prominent father.<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">Statistics on gun cases like Hunter Biden&#39;s show one thing:<\/p>\n<p>In a normal universe, he would never have been charged if it weren\u2019t for his last name<\/p>\n<p>I explained <a href=\"https:\/\/twitter.com\/CNN?ref_src=twsrc%5Etfw\">@CNN<\/a> w\/ <a href=\"https:\/\/twitter.com\/abbydphillip?ref_src=twsrc%5Etfw\">@abbydphillip<\/a> <a href=\"https:\/\/twitter.com\/GloriaBorger?ref_src=twsrc%5Etfw\">@GloriaBorger<\/a> <a href=\"https:\/\/twitter.com\/RogerSeverino_?ref_src=twsrc%5Etfw\">@RogerSeverino_<\/a> <a href=\"https:\/\/t.co\/KmkJ2wDej4\">pic.twitter.com\/KmkJ2wDej4<\/a><\/p>\n<p>&mdash; Norm Eisen (norm.eisen on Threads) (@NormEisen) <a href=\"https:\/\/twitter.com\/NormEisen\/status\/1702729636814233890?ref_src=twsrc%5Etfw\">September 15, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>Note that the Venn diagram of the people who are making this argument and those who blew a blood vessel when a man whose\u00a0<a href=\"https:\/\/www.thetruthaboutguns.com\/fifth-circuit-panels-rules-ban-on-gun-ownership-while-under-a-restraining-order-fails-the-bruen-test\/\" target=\"_blank\" rel=\"noopener\">conviction was overturned<\/a> for gun\u00a0possession while under a domestic violence restraining order is almost a perfect circle. Yet the legal principles are virtually the same.<\/p>\n<p>In the domestic violence case, <em><a href=\"https:\/\/law.justia.com\/cases\/federal\/appellate-courts\/ca5\/21-11001\/21-11001-2023-02-02.html\" target=\"_blank\" rel=\"noopener\">US v. Rahimi<\/a><\/em>, the target is a certified scumbag who\u2019d been involved in at least five prior crimes involving firearms and had beaten the hell out of his girlfriend. Zackey Rahimi was the subject of a domestic violence restraining order which prohibited him from possessing a firearm and had been convicted of violating that order.<\/p>\n<p>When the Fifth Circuit circuit\u00a0<a href=\"https:\/\/www.thetruthaboutguns.com\/fifth-circuit-panels-rules-ban-on-gun-ownership-while-under-a-restraining-order-fails-the-bruen-test\/\" target=\"_blank\" rel=\"noopener\">overturned<\/a>\u00a0his conviction based on the lack of a history or tradition in this country of voiding the gun\u00a0rights of people who hadn\u2019t been convicted of a crime, the reaction was as if they\u2019d OK\u2019d human sacrifice, dogs living with cats\u2026you know mass hysteria.<\/p>\n<p><!--more--><\/p>\n<p>As the always-sane and even-keeled\u00a0<a href=\"https:\/\/www.vox.com\/policy-and-politics\/2023\/2\/2\/23583377\/supreme-court-guns-domestic-abuse-fifth-circuit-second-amendment-rahimi-united-states\" target=\"_blank\" rel=\"noopener\">Ian Millhiser at Vox put it<\/a>\u00a0. . .<\/p>\n<p><em>There is also a reason why the government did not\u00a0disarm domestic abusers in the past: Domestic violence was not deemed a criminal offense for most of American history. When women were denied equal citizenship, the men who wrote and enforced the laws\u00a0viewed wife-beating\u00a0as a mere \u201cfamilial affair\u201d beyond the province of the courts. Legislators and judges alike saw domestic abuse as a natural part of family life, to be dealt with privately and punished only in the most extreme and murderous situations.<\/em><\/p>\n<p>In other words, thanks to the Supreme Court and\u00a0<em>Bruen<\/em>, because the Founders were OK with wife-beating, wife-beaters can now have guns!<\/p>\n<p>That, of course, was not at all what the Fifth Circuit ruled. While noting that society had all kinds of opportunities to charge, convict and imprison Zackey Rahimi for a laundry list of felonies and other crimes that would have kept him from owning a gun\u00a0(at least legally), it had chosen \u2014 time and time again \u2014 to give him a pass.<\/p>\n<p>Since Rahimi hadn\u2019t yet been convicted of a crime, and there\u2019s no history or tradition of disarming people who are similarly innocent until proven guilty in this country, the Court of Appeals ruled the ban on gun\u00a0possession for people under a domestic violence restraining order is unconstitutional under\u00a0<em>Bruen<\/em>.<\/p>\n<p>So the same people who are arguing the Biden indictment is a political hit job because drug use is no biggie and that the feds almost never prosecute on the 4473 lying charge (about\u00a0<a href=\"https:\/\/www.washingtonpost.com\/politics\/2022\/06\/09\/lying-atf-gun-purchase-form-yields-few-prosecutions-new-data-shows\/\" target=\"_blank\" rel=\"noopener\">300 times a year<\/a>, and he was also charged with gun\u00a0possession while using narcotics), are the same people who are having aneurisms over the Fifth Circuit ruling.<\/p>\n<p>Set aside the fact that lying \u2014 for whatever reason \u2014 on a federal form\u00a0<a href=\"https:\/\/www.keglawyers.com\/false-statements\" target=\"_blank\" rel=\"noopener\">is a crime<\/a>. Hunter\u2019s father\u2019s administration has weaponized the DOJ and ATF in never-before-seen ways against gun\u00a0manufacturers, sellers, and owners. The Biden DOJ is actively pursuing hundreds of these charges against individuals based on a law that Hunter\u2019s father helped make happen.<\/p>\n<p>That\u2019s right, old Joe himself\u00a0<a href=\"https:\/\/www.npr.org\/2021\/03\/28\/981707345\/advocates-disappointed-by-bidens-sidestep-of-gun-legislation-given-his-history\" target=\"_blank\" rel=\"noopener\">helped write and pass the Brady bill<\/a>\u00a0that criminalized\u2026lying on a 4473 form. How great is that?<\/p>\n<p>But what\u2019s really delicious here is that Hunter\u2019s own attorney\u00a0<a href=\"https:\/\/abcnews.go.com\/US\/hunter-bidens-lawyer-gun-statute-unconstitutional-case-dismissed\/story?id=103214828#:~:text=While%20the%20criminal%20statutes%20cited,alone%20should%20not%20automatically%20prevent\" target=\"_blank\" rel=\"noopener\">is now arguing<\/a>\u00a0that the statute \u2014 the one his father made a reality \u2014 is unconstitutional.<\/p>\n<p><em>\u201cThe only change that has occurred between when they investigated [this alleged crime] and today is that the law changed,\u201d [Hunter Biden\u2019s attorney Abbe] Lowell said. \u201cBut the law didn\u2019t change in favor of the prosecution. The law changed against it.\u201d<\/em><\/p>\n<p>Lowell was, of course, referring to\u00a0<em>Bruen<\/em>\u00a0and the Fifth Circuit\u2019s ruling in\u00a0<em>Rahimi<\/em>. I\u2019m sure he\u2019s also noted that\u00a0<a href=\"https:\/\/apnews.com\/article\/us-supreme-court-oklahoma-state-government-new-orleans-city-c79d6fedc97ba657d2cab17f59354a95\" target=\"_blank\" rel=\"noopener\">a federal District Judge in Oklahoma has ruled<\/a>\u00a0that the federal ban on gun\u00a0ownership by marijuana users is unconstitutional. So we\u2019re about to be treated to Hunter Biden\u2019s attorney arguing against his father\u2019s weaponized Department of Justice that\u2019s prosecuting someone \u2014 a known drug user \u2014 who hasn\u2019t been convicted of a crime.<\/p>\n<p>Lowell will claim the law is unconstitutional because, as the Fifth Circuit says, someone who hasn\u2019t been convicted of anything \u2014 drug use, domestic abuse, influence peddling, whatever \u2014 can\u2019t be disarmed, and the law that the younger Biden broke \u2014 the one\u00a0<em>his father wrote<\/em>\u00a0\u2014 is unconstitutional.<\/p>\n<p>That\u2019s actually an argument with which many of us are sympathetic. Non-criminals shouldn\u2019t have their civil rights taken away. Court orders can be abused. Just like a\u00a0<a href=\"https:\/\/www.thetruthaboutguns.com\/there-isnt-enough-due-process-to-make-red-flag-laws-tolerable\/\" target=\"_blank\" rel=\"noopener\">red flag confiscation law<\/a>, a domestic violence restraining orders\u00a0<em>can<\/em>\u00a0be used as weapons in contentious break-ups against exes.<\/p>\n<p>There are reasonable arguments on both sides as to whether someone under a domestic violence order should possess firearms. Just as there are similarly reasonable arguments about drug users, particularly users of\u00a0<a href=\"https:\/\/www.thetruthaboutguns.com\/norml-fifth-circuit-ruling-on-marijuana-use-is-one-more-step-in-the-right-direction\/\" target=\"_blank\" rel=\"noopener\">marijuana<\/a>\u00a0in states where it\u2019s been legalized. And then there\u2019s the matter of the Second Amendment rights of those who have, at any time in their lives, been\u00a0<a href=\"https:\/\/www.atf.gov\/file\/58791\/download\" target=\"_blank\" rel=\"noopener\">involuntarily committed<\/a>\u00a0to a mental institution.<\/p>\n<p>Anyone who read the\u00a0<em>Bruen<\/em>\u00a0decision closely and understood the ruling\u2019s implications no doubt anticipated much of this. It was a (slow-moving) dagger aimed directly at the heart of a huge range of the the gun\u00a0control laws in this country, including\u00a0<a href=\"https:\/\/www.thetruthaboutguns.com\/the-second-amendment-was-and-is-about-tyranny-and-assault-weapons-bans-violate-our-history-and-tradition\/\" target=\"_blank\" rel=\"noopener\">\u201cassault weapons\u201d bans<\/a>,\u00a0<a title=\"This is an affiliate ad link.\" href=\"https:\/\/www.avantlink.com\/click.php?tt=ale&amp;ti=11297&amp;pri=15694&amp;pw=275597&amp;mi=14459&amp;url=https%3A%2F%2Fgunmagwarehouse.com%2F\" target=\"_blank\" rel=\"noopener ugc,nofollow\">magazine<\/a>\u00a0capacity limits, waiting periods, and many more. As we knew, it would take time for all of those knock-on effects of the ruling to play themselves out.<\/p>\n<p>We\u2019re about to see it play out in the\u00a0<em>Rahimi<\/em>\u00a0case. The Supreme Court, on the last day of its session, granted cert in the DOJ\u2019s appeal of the Fifth Circuit\u2019s ruling. That case\u00a0<a href=\"https:\/\/www.thetruthaboutguns.com\/risks-and-opportunities-as-scotus-takes-another-second-amendment-case-in-a-post-bruen-world\/\" target=\"_blank\" rel=\"noopener\">will be argued<\/a>\u00a0in November. So we\u2019re going to see how the Justices square the circle of the Second Amendment\u2019s text, history, and tradition with the, uh,\u00a0<a href=\"https:\/\/www.nssf.org\/articles\/scotus-decision-sweeps-away-lower-courts-interest-weighing-tests-on-guns\/\" target=\"_blank\" rel=\"noopener\">balanced interests<\/a>\u00a0of society in denying gun\u00a0rights to at least some people who haven\u2019t committed crimes.<\/p>\n<p>You have yourself a good weekend.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Random Thoughts on Hunter Biden, Domestic Violence, and Disarming Those Who Haven\u2019t Been Convicted of a Crime. One of the most entertaining aspects of Hunter Biden being\u00a0indicted\u00a0on three\u00a0gun-related charges due to his drug use is the reaction of those on the left side of the political spectrum. They\u2019re screaming that given how few people are &hellip; <a href=\"https:\/\/milesfortis.com\/?p=96091\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,75,8],"tags":[],"class_list":["post-96091","post","type-post","status-publish","format-standard","hentry","category-hypocrisy","category-media","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/96091","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=96091"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/96091\/revisions"}],"predecessor-version":[{"id":96092,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/96091\/revisions\/96092"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=96091"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=96091"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=96091"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}