Hunter Biden has lashed out against the federal gun charges while arguing against the definition of drug "addict" and "user."
In court filings submitted on Thursday, lawyers for President Joe Biden's son suggested that the length of time between the last time he took illegal drugs and then bought a firearm could suggest he was not breaking federal laws.
Biden has pleaded not guilty to charges of illegally buying a gun while using drugs, specifically crack cocaine, and lying on a government form about his drug use when he made the purchase in May 2018. He is due to go on trial on June 3 in Delaware to face the charges.
Biden, who has a known history of illegal drug use, is accused of violating Section 922(g)(3) of the U.S. Code , which states it is against the law for anyone is an "unlawful user of or addicted to any controlled substance" to possess a firearm.
In the filings, Hunter Biden's legal team objected to the special counsel's legal claims defining a user of controlled substances or an addict. The filings also noted that the wording on the form which filled in to purchase the firearm are also in dispute as it asked in the present tense if he "is" a user or addict.
Newsweek has contacted the Department of Justice for comment.
"The terms 'user' or 'addict' are not defined on the form and were not explained to him," the documents said.
"Someone, like Mr. Biden who had just completed an 11-day rehabilitation program and lived with a sober companion after that, could surely believe he was not a present tense user or addict."
The court filings stated that previous charges filed under section 922(g)(3) have been thrown out by courts because of an "unconstitutional vagueness problem" with what it means to be a drug "user." Biden's lawyers also said that courts have ruled that 922(g)(3) charges could be considered unconstitutional, unless the defendant is, at a minimum, in possession of a dangerous weapon "simultaneously" with being intoxicated.
Biden's team added that the charges could be applied to potentially millions of people across the country if they are applied in the same way they have been for Biden.
"There is no more reason to prohibit gun possession by people who are not intoxicated, simply because they may get intoxicated when they are not physically possessing a gun," Biden's lawyers wrote.
"A gun owner who leaves their guns behind when they head to the bar for a drink or locks their gun in a lockbox or safe while using marijuana (or taking a legally prescribed OxyContin) is being responsible and should not be treated like a felon.
"That is not just good policy, it is a constitutional right under the Second Amendment."
Attorneys for Biden are to attend a hearing with U.S. District Judge Maryellen Noreika on Friday which is expected to be the final one before jury selection for the trial on June 3.
Hunter Biden has also pleaded not guilty in another trial over allegations he failed to pay at least $1.4 million in self-assessed federal taxes from 2016 to 2019.
The trial has been pushed back from June 20 to September 5. Biden's lawyer's had previously argued for a delay in the California proceedings while citing the need to prepare for the gun charges trial in Delaware.
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