The prosecution charges that Mr. Biden violated a rarely used statute that it claims prevented him from owning a firearm as an unlawful user of a controlled substance, 18 U.S.C. § 922(g)(3), but that statute’s status-based prohibition on gun ownership recently was struck down as unconstitutional under the Second Amendment. See United States v. Daniels, 77 F.4th 337 (5th Cir. 2023). Not only does the unconstitutionality of Section 922(g)(3) render Mr. Biden’s alleged violation of that unconstitutional statute baseless, it compels the same conclusion as to the prosecution’s charges that Mr.
