The US Constitution declares itself “the supreme law of the land,” and according to its Second Amendment, “The right of the people to keep and bear Arms, shall not be infringed.” See that period at the end there? There are no added exceptions for drug users, or for anyone else. And as Chief Justice John Marshall pointed out in Marbury v. Madison, “an act of the legislature, repugnant to the constitution, is void.”
As a matter of law, prosecutors should never have brought these particular charges against Hunter Biden. As a matter of law, the judge in the trial should have dismissed them the instant they were brought.
And as a matter of practical deterrence, the judge should have sanctioned the prosecutors, up to and including seeking their disbarment, for bringing them. Hunter Biden may well be guilty of real crimes, but these aren’t real crimes whether the
charges accurately describe his actions or not.
