So, does Hunter get his handgun back now that he has been absolved of any gun crime(s)?
I'm not lawyer, but as far as I understand it, no. Or at least, not automatically. A pardon is forgiveness for a crime, but doesn't change the fact that he was convicted of multiple felonies. I think regaining all his civil rights would still be a separate process.
Good question.
Hunter’s pardon absolves his crimes and should restore his civil rights.
Hunter’s pardon absolves his crimes and should restore his civil rights.
Double jeopardy in play too if he has his gun back. He can't be retried for the same offense. So I guess he has a green light for his Colt.
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I just read a story today that said the judge in his gun case has suspended all actions on the case but has not yet dismissed the case. Same for the tax case in LA...nothing's been done by the judge on that one. So I don't think he can get his gun back just yet.
And keep in mind, there may be state charges that could be brought into play should a prosecutor decide to go that route. I think the pardon only applies to federal cases.
And keep in mind, there may be state charges that could be brought into play should a prosecutor decide to go that route. I think the pardon only applies to federal cases.
It will be interesting to see if Delaware pursues a State charge of Hunter making false statements on a 4447 form..
U.S. District Judge Maryellen Noreika terminated all proceedings in the case.
U.S. District Judge Maryellen Noreika terminated all proceedings in the case.
As I understand it, his rights are still not restored. Just pardoned for past crimes.
His 5th amendments rights are no longer in play. If called to testify before congress, he can still be convicted for crimes like lying before congress if he doesn't completely disclose the belly of the biden crime family.
Rep Comer of Tx has been the tip of the spear in uncovering the biden crime families disturbing activities.
As stated in another thread, biden is going to have to pardon every member of his family that received money from the influence peddling scam they had going to protect them, which once again, takes away their 5th amendment rights to not disclose their guilt.
They have to answer truthfully if under oath before congress. If not, they can suffer a charge of lying to congress.
The new DOJ might just back up this charge.
What I was told by an attorney was that the pardon doesn’t clear your record, and that there’s a process you have to pursue for that. This was back in the ‘90s, and he said it cost about $60K to clear your record completely.
Looks like an ideal opening for a lot of legal wrangling over semantics:
Revised 4473 Section 21(d) asks "Have you ever been convicted in a court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?" (emphasis mine)
I don't think Hunter could truthfully answer "NO" to that question. So absent some other legalese remedy, he still appears to have a 4473 problem. In addition, there's the California IRS case hanging (no pun intended). Nowhere is "pardon" mentioned, just "shorter sentence" and "probation".
Revised 4473 Section 21(d) asks "Have you ever been convicted in a court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?" (emphasis mine)
I don't think Hunter could truthfully answer "NO" to that question. So absent some other legalese remedy, he still appears to have a 4473 problem. In addition, there's the California IRS case hanging (no pun intended). Nowhere is "pardon" mentioned, just "shorter sentence" and "probation".
