As Hunter Biden’s lawyer notes, the standard laid out in Bruen is that any law that is “inconsistent with this nation’s historical tradition on firearm regulation” should be held to be presumptively unconstitutional. Because neither the Founding generation nor the Reconstruction generation imposed a total prohibition on drug users purchasing or possessing firearms, Hunter Biden’s team suggests, their client cannot be prosecuted for having refused to divulge his addiction when he bought a gun.
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