Institute for Peace and Prosperity, Released on 12/9/24

Politicians and pundits spent much of last week commenting on President Biden’s pardon of his son Hunter for lying on a federal gun purchase form, failing to pay taxes, and any other offenses he may have committed over the past decade. Much of the controversy is because President Biden repeatedly pledged that he would never pardon his son.

Some have also observed that the pardon’s timeline starts the year Hunter Biden joined the board of the Ukraine energy company Burisma. This has led to speculation that President Biden is trying to block any investigation into links between his son’s business dealings and President Biden’s Ukraine policy.

What has not been widely discussed is the fact that Hunter Biden may be the only American President Biden has pardoned for violating unconstitutional federal gun and drug laws.

Hunter Biden was convicted of lying on federal Form 4473. This is a form Americans must fill out to get federal government “permission” to purchase a firearm. Specifically, Hunter Biden gave a false answer to the question, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

The Second Amendment forbids the federal government from limiting the ability of any American to exercise his natural right to own a firearm. Furthermore, federal drug laws are themselves unconstitutional.

The Constitution only creates three federal crimes: treason, piracy, and counterfeiting. All other crimes are under the jurisdiction of state and local governments. So, the required use of this form is a constitutional violation of the rights of Hunter Biden and all other Americans who are subjected to it when they seek to obtain a gun.

Form 4473 warns Americans that “the use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” Thus, someone could be prevented from exercising his Second Amendment right because of his activities that are perfectly legal in his state. This turns federalism on its head.

Hunter Biden was also convicted of, and pardoned for, tax evasion and the filing of fraudulent tax returns. It is hard for anyone who values liberty to get upset at those who violate the tax laws since the income tax is a form of theft by the government of people’s hard-earned income.

An outrage of Hunter Biden’s pardon is President Biden’s hypocrisy. When he served as chairman of the Senate Judiciary Committee in the 1990s, then-Senator Biden played a major role in getting through Congress the Brady Law that created the federal gun purchase background check system that Hunter Biden was convicted of violating. Senator Biden also was a leading drug warrior who led the fight to pass the 1994 crime bill and was a champion of mandatory minimums and other infringements of civil liberties in the name of the war on drugs. President Biden also supported hiring more IRS agents to squeeze more money from taxpayers.

Then-Senator Biden wrote large parts of the PATRIOT Act. As chairman of the Senate Foreign Relations Committee, Senator Biden also led the effort to pass the unconstitutional (and disastrous) “authorization for use of military force” against Iraq.

President Biden should spend his last month in office pardoning more Americans for violations of unconstitutional drug and gun laws. This would serve as a small gesture of atonement for a political career spent advocating policies destructive of peace, prosperity, and liberty.

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