Gun rights groups call law used to convict Hunter Biden unconstitutional

Pundits say politics makes strange bedfellows, but what about a criminal conviction? 

After Hunter Biden was found guilty on all charges in special counsel David Weiss' federal gun case against the first son, Second Amendment groups have called the law used to convict Biden unconstitutional. The same groups vigorously oppose his father, President Biden, and his position on gun control — though they are not necessarily leaping to Hunter's defense. 

"Joe Biden has done everything in his power to weaponize his administration against guns, gun owners, and dealers, and it's incredibly ironic to now see his own son caught up in these efforts," said Erich Pratt, senior vice president of Gun Owners of America. 

Prosecutors said Biden lied on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled "No" when asked if he is an unlawful user of a firearm or addicted to controlled substances. Biden purchased the gun from a store called StarQuest Shooters & Survival Supply in Wilmington, Delaware. A jury found him guilty after a weeklong trial. 

HUNTER BIDEN FOUND GUITY ON ALL COUNTS IN GUN TRIAL

Hunter Biden departs from federal court on Tuesday, June 11, 2024, in Wilmington, Delaware. (AP Photo/Matt Slocum)

"Gun Owners of America believes the underlying law is unconstitutionally broad, but so long as it remains on the books, Hunter deserved no special treatment or mercy," Pratt told Fox News Digital.

Biden's trial lasted about six and a half days and included emotional testimony from members of his family, including daughter Naomi Biden, ex-wife Kathleen Buhle and sister-in-law-turned-girlfriend Hallie Biden, who detailed his struggle with drug addiction at the time he purchased the gun. 

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An evidence photo presented by the prosecution shows the gun that Hunter Biden purchased. (U.S. Government Exhibit)

Mike McCoy, a former federal prosecutor and Second Amendment attorney for the Mountain States Legal Foundation, said the evidence against Biden was "overwhelming."  

"The prosecution was masterful in how they presented it to the jury — as evidenced by the fact that it only took three hours for them to reach a verdict," McCoy told Fox News Digital. "While some might question the validity of the gun law used to prosecute Biden, given the current administration's disdain for the Second Amendment and their efforts to take guns out of the hands of law-abiding citizens, I suspect most gun owners won't lose any sleep over this particular conviction." 

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A court sketch depicts moments from Hunter Biden’s federal trial in Wilmington, Delaware, on Tuesday, June 11, 2024. (William Hennessy Jr.)

However, at least one group has offered to assist Biden should he wish to challenge his conviction.

The Firearms Policy Coalition (FPC) on Tuesday renewed an offer extended last year to represent Biden in a challenge to the law used to convict him on constitutional grounds. 

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"Countless lives are destroyed every year under the federal government’s unconstitutional and immoral regulations. We proudly work to eliminate these laws and create a free world. Just as we have in many other cases, we stand ready to assist Mr. Biden in his challenge of federal gun laws," said FPC President Brandon Combs. 

An attorney for Biden did not immediately respond to a request for comment.

Biden faces a total maximum prison time of 25 years for the three charges. Each count also carries a maximum fine of $250,000 and three years of supervised release. Biden, however, is a first-time offender, making it unlikely he will face maximum penalties when he is sentenced at a later date. 

Fox News Digital's Emma Colton and Brooke Singman contributed to this report.