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Date: 06-03-2024
Case Style:
United States of America v. Robert Hunter Biden
Case Number: 1:23-CR-61
Judge: Maryellen Noreika
Court: United States District Court for the District of Delaware (New Castle County)
Plaintiff's Attorney: Derek E. Hines and Leo Wise
Defendant's Attorney: Abbe David Lowell, Batholomew J. Dalton, Connor Caulfield Dalton, David Kolansky, Isabella Oishi
Description:
Willmington, Delaware criminal defense lawyers Abbe David Lowell, Batholomew J. Dalton, Connor Caulfield Dalton, David Kolansky, Isabella Oishi represented the Defendant charged with making a false statement in the purchase of a firearm in violation of 18 U.S.C. 922(a)(2), making a false statement related to information required to be kept by a federal firearms dealer in violation of 18 U.S.C. 922(a)(1)(A); and possession of a firearm by a personal who is an unlawful user of or addicted to a controlled substance in violation of 18 U.S.C. 922 (g)(3).
(a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that—
(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;
(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and
(C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;
* * *
(g) It shall be unlawful for any person—
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
Outcome: On trial.
Plaintiff's Experts:
Defendant's Experts:
Comments: