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Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports

Special Counsel David Weiss will face a Second Amendment challenge if he prosecutes the president’s son for illegally buying a firearm.

by Jacob Sullum Reason.com

Hunter Biden’s lawyers this week claimed a pretrial diversion agreement that would allow him to avoid prosecution for illegally buying a gun is still “valid and binding.” David Weiss, who filed the gun charge in June as the U.S. attorney for Delaware and has since been appointed as a special counsel charged with investigating Biden, rejected that claim in no uncertain terms yesterday, saying “the now-withdrawn diversion agreement, by its own terms, is not in effect.”

The collapse of that agreement could set up yet another legal test of a constitutionally dubious law that at least two judges and a federal appeals court have deemed inconsistent with the Second Amendment. That case would pit Biden against his own father, who steadfastly supports an irrational gun policy that could send his son to prison.