Exclusive: ATF Asks Judge to Order Hunter Biden Gun Inquiry Closed

Joe & Hunter Biden IMG Public Domain acaben, CC BY-SA 2.0 , via Wikimedia Commons
Joe & Hunter Biden IMG Public Domain acaben, CC BY-SA 2.0 creativecommons.org/licenses/by-sa/2.0, via Wikimedia Commons

U.S.A. – -(Ammoland.com)- ATF will neither confirm nor deny the existence of any records related to Hunter Biden’s reported gun purchase because public interest is outweighed by his privacy interests, the Bureau asserted in a Motion for Summary Judgment filed Friday in the United States District Court for the District of Columbia. That information, ATF argues, is protected by Freedom of Information Act exemptions, and therefore Judge Rudolph Conteras should grant its motion and order the case dismissed.

That’s the CliffsNotes version of the filing, embedded below, the latest action in a story that began in late October of 2020 with a report that in 2018, Biden’s then love interest, his brother’s widow Hallie, had taken his gun after a dispute and thrown in it a supermarket trash bin.

This column followed up on that two days later by pointing out that the time Biden purchased the gun coincided with documented periods of reported continued substance abuse, and that this would have disqualified him from purchasing a firearm unless he attested “No” to the controlled substance question on the required ATF 4473 Firearms Transfer Record.

Lying on that form is a federal felony.

That report was followed up with FOIA requests filed by attorney Stephen Stamboulieh to both ATF, and the Secret Service. Secret Service had also been reported to be investigating the Biden gun incident.

The Secret Service initially failed to produce documents claiming it was not involved. I filed a FOIA complaint because separate reports, including a report of a text from Hunter Biden claiming the Secret Service was involved, contradicted that claim.

In response to my complaint, Secret Service provided an affidavit under penalty of perjury denying involvement, so that my FOIA complaint was dismissed.

ATF took a different approach, alternately saying I don’t qualify as a journalist, that they couldn’t find responsive records, and that they made a mistake and shouldn’t have responded because Hunter Biden’s privacy interests take precedence.

I appealed that decision. Unsurprisingly, the Department of Justice backed ATF in denying that appeal. In response, Stamboulieh filed a complaint on my behalf to compel ATF to answer the FOIA request.

That brings us to where we are now.

ATF Asks Judge to Order Hunter Biden Gun Inquiry by AmmoLand News Closed

It’s interesting that, in spite of all the legal machinations, ATF did not just come back and deny involvement like the Secret Service did. The Bureau’s and DOJ’s stonewalling and obfuscation has been noted before, notably in its response to Operation Fast and Furious “gunwalking” investigations culminating in then-Attorney General Eric Holder being found in contempt of Congress.

It’s also interesting and revealing to note that all attempts to get to the bottom of this have been made primarily by AmmoLand News. Democrat politicians, media organizations, and  “gun control” groups have deliberately remained silent on this, even though it involves potential serious violations of all the “gun laws” they insist are desperately needed. It’s called lies of omission, and it really illustrates better than anything that what these people are really about is political power, and the issues they wrap themselves in to achieve it will be conveniently ignored when they get in the way.

This is the scandal-tainted public figure son of a sitting president who has made such laws a centerpiece of his administration. What use are “universal background checks” if lying on 4473s by connected elites is suppressed by administration functionaries? What about “red flag laws”? AmmoLand investigative journalist John Crump made an excellent observation on the circumstances of Hallie Biden taking Hunter’s gun because she was afraid he might harm himself, and “for the kids.”

The case could also be made that Hallie Biden’s actions, first “transferring” the gun to herself without permission and then disposing of it where it was reportedly retrieved by someone rummaging through the trash, is either a “theft of firearm” felony and/or a violation of Delaware’s “universal background checks” law.

Since such laws will be imposed on all Americans, arguing that admissions Biden has himself made public will violate his privacy goes beyond absurd. It suggests strong circumstantial reasons for the public to question if orders to contain this have come from the top. Just look at the legal resources that have been invested to keep from answering simple questions of demonstrable public interest.

Regardless of how the judge rules on the proposed Motion for Summary Judgment, there is still one avenue to explore that bypasses the feds: Submit a FOIA request to the Delaware State Police.

Embedded below is the ATF filling consisting of five merged documents:

  • Defendant’s Motion for Summary Judgment
  • Declaration of BATFE Chief, Information and Privacy Governance Division
  • Email Exhibits
  • Statement of Material Facts Not in Dispute
  • Proposed Order

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Public source data proves Biden committed a felony and should be in prison. Multiple agencies ignore the law to protect him, lowering them to his status as detestable and criminal scum.


Prison is for little people.

Wild Bill

Perhaps, but impeachment is presidents!


this one needs a rope


lying on the 4473 is NOT a capital offense, But keep yer rope handy for what might be coming up. Who nows what the Hunter brat might do now that his dead brother’s wife has cuckolded him and worse. (he’s had it coming, and if her form of “justice’ is all he gets, well, that’s a start)


and the leos here are quiet about it.


What are the powerless LEOs on here supposed to say? It is just a repeat of the well placed stopping justice from taking place. The Biden crime gang are as guilty as Al Capone and his gang in the 30s. The system is corrupt. Those that voted for Biden are as guilty as Joe.

uncle dudley

This shows me how crooked our government is.


need to bankrupt these people put them in jail and their families on the street, would make next group think before they did, or front line in Ukraine

Matt in Oklahoma

Rules For Thee But Not For Me


Why would you be surprised by the actions of democrats They lie harass attack as a unit. Biden’s son Hunter is a drug addicted felon his father should be charged with treason.Both are mentally unstable Hunter has never been exposed to a congressional hearing for his and his father’s actions in the Ukraine. Our hope that russia invades the Ukraine finds the documents on the Biden family then Putin shows them to the world. I know that is asking a lot but it would turn the tables on the Democrats and be the most entertaining event in a long time.… Read more »


“democrats’ equals Progressive New Left. Progressive New Left equals Bolshevik (with testosterone deficiency) but Bolshevik nontheless.

Wild Bill

They should, more properly, be called Regressives.


I might celebrate by getting drunk for the second time in my life!


No Putin is smart enough to NOT invade the Ukraine. He knows it would be an YUUUGE noose about his neck. He just wants to protect the security of the Crimea from invasion by theUkraine. The Crimea has been part of Russia for centureis, the people there wanted to ealve the rotten government of the Ukraine and rejoin their Motherland. Simple. But that IS a great idea.. about Putin finding” some documents in Kiev and waving them in front of the teeVee cameras to expose the kleptocracy that was the Bidens’ involvement in the Ukraine. He’d make certain the docs… Read more »


Bidens are “covered” by the DOJ, CIA, ATF, U.S. gov, and ANYONE else in their pocket. Really sad when they can get away with so much, the common citizen would be behind bars for LIFE !



  • Malibu Police Department
  • Los Angeles County Sheriff Department
  • California State Police
  • Wilmington Police Department
  • New Castle County Sheriff Department
  • Delaware State Police

“Tyranny is defined as that which is legal for the government but illegal for the citizenry.” so said a really, really old white guy…..Tommy, Tommy Jefferson. The plot thickens daily.

Arizona Don

Hunter Biden broke the law. If I or any other law abiding citizen did what he did we would spend some time in jail. The law of the land says it is to be the same for everyone. It is not! And has not been for decades now.  

The Biden’s just like the Clinton’s can literally get away with murder. However, the left marxist brought phony impeachment charges against President Trump for absolutely no legitimate reason whatsoever. The socialist marxist so called democrats will make up any lie to get at Trump. They are politically scared to death of him.  


yes the country is circling the drain, and people who should wake up and clean up are to busy vaping

Arizona Don

I can find no verification of what you say here. It does appear, if we can put any faith in the current polls, the so called woke voters are to some degree actually waking up to the lies and innuendos of these socialist marxist who hide in plain sight as democrats. The main stream media is the Machiavellian organization making the socialist marxist attempted take over of our government possible. They provide cover for all the law breaking taking place, as you read this, by those so called democrats. Make no mistake about that! However, at the same time that they are doing everything in their… Read more »


they bought up the news organizations and now run npr , last vestige is small local and some of that was started to seed propaganda
some of the lies are lies of omission too . sometimes the proof is in what is not there. increase in drug ods where cause of death listed as covid related Barnstable county cant believe the lies bus drivers carry narcan firemen teachers so bad wounder how many bodies they find in the snow melt

Last edited 7 months ago by swmft

The “secret” in Secret Police can be interpreted in more than one way.


there are more criminals in federal law enforcement than honest people.next president should clean house and start over with civilian over site , people picked like a grand jury


I notice how easily the banks want to work with the Govt. Have for a long time. But it’s now in your face.


he is right about that too, they all want to know what you do where your money comes from more and more like a police state, questions when you pay in cash

Henry Bowman

[Reply, courtesy of JPFO:]


The request proves the level of corruption,
within the alphabet departments of government.

Elisa Delaurenti

What the….?
Good thing we have diligent and vigilant folks on our side, or this would have simply gone down into “the hole” never to be seen by the American people.
As usual, fine work, Mr. Codrea.


IiberaI privilege


Show me the man and I will show you the crime. Those of us who deal in firearms as a living or as a passion well know the administrative traps laid by our administrative state. Marshall Beria was correct. An administrative state grafted on to a totalitarian state is the perfect mix for suppressing the libertarian inclinations of any people. So here we are. The law is for little people. Ponder that one for a while.


It is COMMON LAW vs STATUTORY LAW, which isn’t really “law”. It’s man made up bullshit to enrich the Law Enforcement Growth Industry.


you mean civil forfeiture?

Wild Bill

Civil asset forfeiture is a good example of malum in se.

Wild Bill

malum in se and malum prohibitum have been around since the Roman Empire.


No malum in se goes back to the two stone tablets Moses brought down from the mountain. Al good civil law deals with various forms of that set of “thou shalt not” laws direct from God. Civil laws gisnt murder, physical battery/assault, thef,t adultery, etc are all based on malum in se. The rampant release and non-prosecutioinof criminals these days is removing any social or legal consequences for such behaviour. WHich is why crime is exploding accross the nation. People no ogner fear God ahd His laws. The malum prohibidum does go back to Rome’s rule over most of the… Read more »


that is what leads to uprisings and police being targeted, and they get defensive ,they dont get if you attack someone enough they will see you as the enemy,not as a defender. and where is the line where that happens. it is happening now. Police say they are victims (every one is a victim now) I cant wait for scotus to shoot down gun restrictions in ny im betting retirement is last act of a justice that does not want his name on the ruling on either side

Country Boy

“Lying on that form is a federal felony.” Not if you’re Hunter Biden of the Biden Crime family……


If anyone here thinks Hunter will face any charges you are mistaken not one democratic party member has been charged jailed for wrong doing since 2009 under Obama. They will do what they have just done in in the case against Governor cuomo smoke and mirrors a little propaganda against his accusers and nothing to do about nothing all very sad, AKA Eric Holder best example Harry Reid The federal corruption trial of Senator Robert Menendez of New Jersey ended in a mistrial on Thursday after jurors said they were unable to reach a verdict, leaving Mr. Menendez, a Democrat,… Read more »

Deplorable Bill

Corruption plain and simple. This is the system’s law for thee but not for me daily post. This is an example of why America is fed up (pun intended) with government and the criminals running it. The atfe is a corrupt, illegal, unconstitutional government entity who daily disavows their oath to the people, the nation and the constitution. Abolish the atfe. Impeach biden, harris, pelousy and shuemer. Treason and tyranny have legal consequences and they are both final and fatal. When government does not abide within it’s constraints, it is in the right of the people to alter or abolish… Read more »


Really!????? Here is another example of “privilege.” And another reason the ATF needs to be abolished.


I am only halfway through the fifth chapter of ‘The Laptop from Hell” so do not know yet, if Hunter’s gun will be included. However I do know that Brandon was well aware and deeply involved in everything “Hunter” Some of the quotes taken directly from the texts and emails from the laptop are truly disturbing to anyone that values freedom. If we regain the House this year, there will be a price to be paid by this administration that will probably go all the way up to Charges of espionage. Everyone is involved in the cover-up and our Republic… Read more »


would be nice to see he and obummer sharing a cell


Yeah! That way the deep state can take them both out at the same time and call it a dual suicide. Jill and Michelle would just be collateral damage.

Wild Bill

Possibly, possibly. O’bama and Biden, both, beat Hillary out of the Democrat party nomination and went on to the presidency, sooo … quite possibly.


Some laws only ever get enforced at the fore end of a reticle.


.. or the end of a rope. Either one is effective, but the reticle option provides many advantages since you can reach out, reach out and just say bye.


I am risk averse. Reticle offers relative safety and anonymity of distance. Additionally I don’t think it would be nearly as mentally or emotionally scarring as being close up and personal. I have more than just my physical safety to protect. 🙂

Bob K

Wish I could say this is shocking.

Henry Bowman

That’s our two-tiered in-justice system at work!
#FJB Lets Go Brandon!

Elisa Delaurenti

Since “Federal Felony” doesn’t mean what it used to mean, shouldn’t we instruct the Department of Justice (ahem) to issue a clarifying statement and the new parameters for what constitutes a “Federal Felony”?

I think this deserves a official DOJ statement.


Good luck on that!


To bad he doesn’t live in Oregone where if his gun goes out and kills someone three years from that date that it was stolen, he would be held liable for all actions the gun took. Sucks to me because I would pay full price for lying on the form, just call me plebe, citizen or subject because I do not enjoy the same protections from the government like our masters do. Two separate forms of government is now the law of the land because no one has put a stop to it and they are allowed to continue. They… Read more »


And yet the slime at the AFT will arrest a kid for having a piece of metal with a drawing etched on it that they claim is a MACHINE GUN!


likely even a paper or plastic business card, or pb&j shaped like a gun


I thought the same when reading the text. Police were on the scene.


Yes, it would be interesting to hear what the colonel has to say about the theft (or transfer violating Delaware’s UBC law). Looks like one more example of local police working in cooperation with the BATFE.



But, but…you can’t indite Hunter, he has artwork to sell!


It is nice to see the swamp taking care of their own…


It’s good to be the son of “The Big Guy” it seems. How long will we continue to endure this system?


As long as it takes the boil to come to come to a head so we can lance it.


Even the righty reigning Queen of England has come down harshly on family members who do not comport themselves according to long hemld standards of moral consudt. Yet our gummit, the “land of the free and home of the brave” turn a blind eye toward any of “their own’ who commit gravely indecent and immoral and unlawful acts. Its all bout image, isn’t it? ANd power. NEVER forget the power. Its not enough they can destroy our economy, liberty, self protection, health, etc. They also seem determined to build their own little impenetrable fiefdom into which we unwashed masses can… Read more »


Same old sh*t, different day.

Arizona Don



For those who have never read or heard about “The men who just wanted to be left alone”…. “The most terrifying force of death comes from the hands of Men who wanted to be left Alone. They try, so very hard, to mind their own business and provide for themselves and those they love. They resist every impulse to fight back, knowing the forced and permanent change of life that will come from it. They know that the moment they fight back, their lives as they have lived them, are over. The moment the Men who wanted to be left… Read more »


These types of men don’t just fight for vengeance. They think through and prepare before starting, then fight without mercy and with both speed and fury so as to finish the battle quickly – and start on road to recovery.

I have patience and am peace loving. If pushed to fight, I’ve already reached the end of my rope and will not attempt half measures. Nothing ends a fight quite as well as a bullet through the head – though I prefer preventing a fight from starting by buying them a drink and talking through whatever the issue is.


WHAT is your riff with the
zionist” thing? Are you some sort of cultist whacko, shlling for some politicla party or organisation, or what? They can’t be censoring YOU else we’d not be seeing your zionist rant posts. Persecution complex, maybe?


The double law standard continues, what is good for me is not for thee…


Selective enforcement and the law politically applied is a tool of tyrants utilized and honed by the Deep State in District of Corruption. Just us is their clarion cry, outsiders need not apply. We run the tables and we post the score, regime media parrots our press releases and sets the record a win for we who are in power. It’s a great game for those in the know!

Last edited 7 months ago by bondmen

If we started jailing the criminals in this government the jail would have to be the size of long island, better we ship them all to Russian boarder and leave them there

Wild Bill

Pound steel stakes into the ground; hand cuff the first one to the stake; hand cuff the next to him; and repeat. Feed the survivors at the beginning of the new week.


waste of a good stake,


I’d prefer redressing them in normal plain folks clothing and release them, no ID< deep in Mexico, perhaps Honduras, El Salvador, Venezuela, Cuba.Let them learn firsthand up close and personal what it is like to survive on their wits and charm. See how far they get. OH, no cell phone when they are released.