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Why Isn’t Hunter Biden In Jail on Gun Charges?

1945 logo 1945 3/24/2023 John Rossomando
Hunter Biden © Provided by 1945 Hunter Biden

Why Hasn’t Hunter Biden Been Charged With Gun Violation, GOP House Member Asks?: A Republican member of Congress waded into the controversy over why First Son Hunter Biden has not been charged for false statements made on paperwork to obtain a firearm. Biden illegally purchased a firearm in 2018.

Hunter Biden Drama Marches On

Wisconsin Republican Rep. Tom Tiffany questioned Rob Wilcox, senior director of policy for the activist group Everytown for Gun Safety, why Biden had not been charged. Biden, who has a longstanding drug addiction, was legally barred from owning a gun and lied on ATF Form 4473 that is required in every gun purchase across America.

Hunter Biden answered no on the line of the form that asked: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

The Navy discharged Biden in 2014 from the Naval Reserve for testing positive for cocaine.

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The ATF bars substance abusers whose “unlawful use has occurred recently enough to indicate the individual is actively engaged in such conduct” from buying a gun. 

“If a person lies on ATF Form 4473 and is a user of unlawful drugs, you can get between five and 10 years for that. Is that correct? Is that your understanding?,” Tiffany asked. “Why hasn't Hunter Biden been prosecuted for the crime that he committed?”

Wilcox stated that he lacked adequate information about the Hunter Biden case to comment.

A Democratic colleague of Tiffany’s called the line of questioning irrelevant to the joint hearing of the House Judiciary Subcommittee on Crime and Federal Government Surveillance and the House Oversight Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs on policy related to the Bureau of Alcohol Tobacco and Firearms’ alleged assault on the Second Amendment.

However, Wilcox told Tiffany that Congress had increased the penalty for a false disclosure to 15 years during the last Congress.

“I understand why you do not want Mr. Wilcox to answer that question,” Tiffany said. “Because there's a dual system of justice in America. That's what's going on right now. And everybody's talking about it across America. There’s two standards of justice that are going on.”

A FBI backgrounder posted online notes that a person would be disqualified from being able to buy a gun under ATF rules if he or she admitted to having used illegal substances in the prior year.

The question then becomes whether or not Hunter Biden used drugs in the year leading up to the purchase. 

Questions surrounding the gun purchase arose after the Delaware State Police and FBI launched an investigation into an incident between him and his then-girlfriend and sister-in-law, Hallie Biden. She was the widow of Hunter’s late brother, Beau Biden. 

Politico reported that Hallie tossed Hunter’s .38 revolver in a trash bin outside a grocery store that she and Hunter Biden frequented.

Politico reported that Hallie returned to the store and found the gun missing from the garbage bin where she had stuffed it in a black garbage bag.   

Hallie asked the store manager about the weapon. She notified the police about the incident. The Delaware State Police reviewed security footage from the store, and the FBI, which had Hunter Biden under investigation due to his tax issues, also responded. When Hunter was questioned by law enforcement, he stated that he used the gun for target practice and that Hallie had thrown the gun in the trash because she was worried he might kill himself. 

Secret Service agents next went to the Wilmington gun shop where Hunter bought the gun. They asked for the form Hunter used to purchase the gun, but the owner refused to do so, saying that it was under the purview of the ATF. The ATF then showed up to inspect the record. 

The Secret Service originally denied the report; however, it was forced to release hundreds of pages of records after being sued by the conservative watchdog group Judicial Watch.  

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The Washington Post reported last fall that law enforcement had “determined months ago they had assembled a viable criminal case against the younger Biden.”

It’s up to Trump appointee U.S. Attorney for Delaware David Weiss to decide whether to charge Hunter Biden.

John Rossomando’s work has been featured in numerous publications such as The American Thinker, Daily Wire, Red Alert Politics,, The Daily Caller, Human Events, Newsmax, The American Spectator,, and Crisis Magazine. He also served as senior managing editor of The Bulletin, a 100,000-circulation daily newspaper in Philadelphia, and received the Pennsylvania Associated Press Managing Editors first-place award in 2008 for his reporting.


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