Form 4473

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What Hunter Gets For Lying On The Form 4473

September 14, 2023 by 3 Comments

Poor Hunter Biden. He thought he was going to get off with a plea deal for lying on the ATF Form 4473. The original agreement called for him to plead guilty to two misdemeanor tax charges and accept a pre-trial diversion agreement. That was until the judge asked prosecutors about the sweetheart deal and to protect themselves they threw poor old Hunter under the bus. The Biden legal team then said they wouldn’t accept the agreement. That deal had been brokered by the US Attorney for Delaware David Weiss and Biden’s legal team.

Judge Maryellen Noreika told the parties to go back to the drawing board and come back when they were ready to be serious. Or something like that.

In the meantime, US Attorney General Merrick Garland appointed Weiss as Special Counsel for the case on August 11th. Congressional Republicans cried foul as they saw this appointment as an attempt to obstruct their own investigation into the activities of Hunter Biden. Whether this was the intention by Garland and the Biden Administration remains to be seen.

Fast forward to today.

Special Counsel David Weiss obtained a three-count felony indictment against Hunter Biden on firearms charges from a grand jury. The first count accuses Biden of lying on the Form 4473 that the sale of firearm was lawful despite his addiction to crack cocaine. It should be noted he admitted his use of the drug in his own book. The second count accuses him of lying about being a user of a controlled substance (crack cocaine). Finally, the third count accuses him of being in possession of a firearm when he knew he was addicted to crack cocaine.

hunter-biden-indictment

Nothing has been said yet about the tax evasion charges or if Biden will be indicted for acting as a foreign agent without registering under the Foreign Agent Registration Act. As the media has been quick to point out, it is rather rare to see these kind of charges as stand-alone charges.

Most those cases are brought against people accused of some other crime as well, said Adam Winkler, a constitutional law professor and expert in gun policy at the University of California, Los Angeles School of Law. “It’s relatively rare to prosecute someone for being a substance abuser in possession of firearms, absent other criminal activity, or unusual circumstances,” he said.

It will be interesting to see if Biden and his legal team will try to use the Bruen decision to get around these charges. A 5th Circuit Court of Appeals ruling in August threw out firearms charges against a Mississippi man who had admitted to marijuana use. I could see that being of use against the third count but it doesn’t absolve him of lying on the Form 4473.

It would be incredibly ironic to see the case against Hunter Biden leading to an expansion of Second Amendment rights given his father’s jihad against gun rights and gun owners.

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A Tale Of Two Prosecutions

June 20, 2023 by 3 Comments

This is the tale of two prosecutions for the same crime. The crime involves lying on the Form 4473 where the buyer is asked whether he or she is an “unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.” This is a violation of 18 USC §§ 922(g)(3) and 924(a)(2). It carries a sentence of up to 10 years imprisonment plus fines.

The first prosecution is of a 26 year old African-American women by the name of Deja Nicole Taylor. She lives in Newport News, Virginia. According to a press release from the US Attorney for the Eastern District of Virginia, police found marijuana and marijuana edibles in a search of her home as well as that of her mother where she was residing at the time of her arrest. She was charged with not only lying but being a user in possession of a firearm to which she has pleaded guilty. Combined she could face up to 25 years in prison.

Law Office of James Ellenson

Ms. Taylor’s real crime, in my opinion, was being negligent by leaving her Taurus pistol where her 6 year old son could take it to school and shoot his first grade teacher. She has been indicted under Virginia law for felony child neglect and a misdemeanor charge of “recklessly leaving a firearm so as to endanger a child.” She maintains she had a trigger lock on the pistol and had placed it on a high shelf. Even the Feds found a trigger lock when they search her home.

The Federal charges were a way of piling on to make an example of this young woman. Here are the comments by the US Attorney and the ATF SAC.

“It is clear from this case that enforcement of our existing federal firearm laws is critical to ensuring public safety,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “Federal requirements for firearm ownership are not optional and exist to protect owners, their family members, and the communities where they live. Failing to abide by those requirements when purchasing or possessing a firearm can have far-reaching consequences.”

“The safety of our communities is one of my utmost concerns and our efforts will always reflect that. I want to be clear, anyone that is an unlawful user of or addicted to controlled substances such as marijuana are prohibited from possessing firearms and ammunition under federal law,” said ATF Washington Field Division Special Agent in Charge Craig B. Kailimai. “ATF will continue to collaborate with our local, state, and federal partners to ensure that people who violate this condition of firearm ownership are held accountable for their actions.”

The second person being prosecuted for lying about being an unlawful user was not young, negligent, poor, or Black. Rather he is a graduate of Georgetown University and Yale Law School who has the utmost in connections both here and abroad. You might even call him the “fortunate son”.

Despite the graininess of this photo, I think you know who the second person is being prosecuted.

That’s correct. It is Robert Hunter Biden and the photo of him passed out with the crack pipe in his mouth is from his own laptop.

During 2018 when he was a heavy user of crack cocaine, Biden purchased a handgun from a dealer in Delaware. His own memoir, Beautiful Things, acknowledges his drug use. The handgun was eventually tossed into a dumpster by Hallie Biden, his brother’s widow and his lover, and only returned after being found by a dumpster diver.

Today the US Attorney for Delaware David Weiss filed a plea agreement with the District Court.

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According to the plea agreement, Biden will plead guilty to two misdemeanor charges of failure to pay income tax. In addition, he will enter a Pretrial Diversion Agreement on the felony firearm charges whereby the charges are eventually dismissed so long as he lives up to the terms of the agreement.

So the “fortunate son” will get a slap on the wrist, do no time, and have no felony record. Meanwhile, the young, negligent, poor, and Black woman is facing up to 25 years in imprisonment in addition to the state charges. I will grant you that her pistol was used by her son to shoot his teacher but that is why there are state charges.

If there were truly equal justice under the law, Ms. Taylor would have gotten the same plea deal that Mr. Biden received. One might hope the judge in her case sees the deal offered to Biden and sentences her to something similar. Frankly, I doubt that will happen.

In the meantime, I’ll let John Fogarty and Creedence Clearwater Revival have the last word.

It ain’t me, it ain’t me

I ain’t no fortunate one, no, no, no

It ain’t me, it ain’t me

I ain’t no fortunate son, no, no, no

It ain’t me, it ain’t me…

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Marijuana And Guns

April 30, 2018 by 5 Comments

Trainer John Farnam posted another of his Farnam’s Quips this morning and it contains a very valid warning for anyone using marijuana whether medicinally or recreationally. Don’t lie on your Form 4473 and say you aren’t a marijuana user if you do pot.

From Farnam’s Quips:

US Attorneys are currently prosecuting five men in ME for falsely claiming on Federal Form 4473 that they were not users of marijuana. Form 4473 must be filled-out for every retail gun purchase.


Marijuana use, medical or “recreational,” is a violation of federal law, even though some states, like ME, have “legalized” it, at least within state boundaries.


How a state can “overrule” federal law has yet to be explained to me in a way that makes any kind of sense. I am confused with regard to what the term “law” even means any more!


However, current implications for potential gun-owners are far easier to understand!


When you use marijuana, in any state and for any reason, forget about owning guns!


For sure, don’t attempt to purchase guns!


BATF doesn’t care what state you live in!


And since after exposure, traces of marijuana remain in your system essentially forever, any use of marijuana at any time in your life probably represents a “deal-buster” with regard to gun ownership!


The five men mentioned above are in for the “hassle of their lives.” Whatever the outcome, this “adventure” will be impoverishing, morbidly frightening, and essentially never-ending!


Another administration might look at this issue differently, but the current one is putting out the clear signal that they are coming after marijuana-users who attempt to buy guns- big time!


Don’t be “that guy!”

It needs to be said that in this case Federal law trumps (no pun intended) state law on marijuana use. It sucks especially if you have found relief using marijuana for medical issues. However, until such time as marijuana is legalized under Federal law, the use of marijuana will impact your gun rights and could end up with you becoming a felon.