As a result of Hunter Biden’s lack of a criminal background, officials at the Department of Alcohol, Tobacco, Firearms and Explosives (ATF) were allegedly “skeptical” of filing charges against him for gun-related offenses.
Hunter Biden could have lied on an ATF Form 4473 for a firearms transaction on March 25, 2018, regarding his history of taking drugs. False responses on the form are punishable by penalties of up to $250,000 and/or 10 years in jail.
Nonetheless, a source said to the New York Times:
“An additional individual with knowledge of the situation said that the officials at the Department of ATF who held the responsibility for going over Mr. Biden’s file were leery of filing charges against him, particularly in light of the fact that he had asked for treatment and had no previous criminal record.”
The form includes inquiries like these:
“Do you use marijuana illegally or are you dependent on it or any other depressive, stimulant, narcotic, or restricted substance? Warning: Regardless of whether marijuana use or possession has been decriminalized or authorized for medical or recreational uses in the state where you live, it remains illegal under federal law.”
You may check the “yes” or “no” box on the form.
The ATF Form 4473 also states:
“Whether obtaining a firearm is against federal or state law will be determined using the information you submit. The Gun Control Act, 18 U.S.C. 921 et seq., has a maximum penalty of $250,000 in fines and/or ten years in jail.”
Lawyers for Hunter Biden are now developing a defense to shield their client from any indictments.
According to the attorneys, their client may be able to avoid jail time thanks to a recent Federal District Court in Oklahoma’s decision from February. According to the Times, the decision invalidated a portion of a federal statute that forbade marijuana users from purchasing weapons. Hunter Biden, on the other hand, was a crack user whose gun wound up in a public trash can.
According to the Times, the attorneys also think that their client would profit from using another legal tactic:
“The United States Court of Appeals for the Third Circuit, which also includes Delaware, is now considering a challenge to the standards employed in the federal weapons background check system, which depends on the widely used 4473 form.”
District of Delaware’s United States Attorney David Weiss, an appointed official of the Trump administration, is the principal prosecutor in the investigation looking into possible tax and weapons offenses by Hunter Biden.
Although Biden’s attorney general has acknowledged that he — Garland — must approve the charges, Attorney General Merrick Garland said to Congress in March that Weiss had the independence to submit the charges. Garland declines to name a special prosecutor in order to maintain some distance between the probe and President Joe Biden.
Recent whistleblower allegations that the Justice Department politicized the investigation in order to defend Hunter Biden have surfaced.