NBA YoungBoy Argues His Gun Charges Violate His Second Amendment Rights

NBA YoungBoy and his legal team are arguing that the gun charges he's facing violate his Second Amendment rights. According to court documents obtained by AllHipHop, the attorneys contested the fundamental legality of banning convicted felons from accessing guns.

“The government has not alleged that Mr. Gaulden was observed to be holding a firearm by any law enforcement officer (or any other witness), nor have any allegations been made that Mr. Gaulden was using a firearm in any unlawful way at the time of his alleged offense,” the rapper's legal team wrote. “Rather, the government merely alleges that music video footage shows Mr. Gaulden possessing a firearm after being convicted of a felony and for possessing a firearm which is not registered in the national firearms registration and transfer record.”

NBA YoungBoy Attends The Benjamin Crump Awards

HOLLYWOOD, CALIFORNIA - JANUARY 16: (L-R) Benjamin Crump, NBA Youngboy and Tony. Smith attend The Benjamin Crump Awards at The. Venue of Hollywood on January 16, 2020 in Hollywood, California. (Photo by Maury Phillips/Getty Images)

They continued: “The government does not allege that Mr. Gaulden was posing a threat to anyone and cannot even allege that the suspected firearms observed in the video were functional or loaded when the video was recorded. This prosecution seeks to restrict and deny Mr. Gaulden’s Second Amendment right to possess a firearm based solely on his status [as] a felon and his alleged failure to comply with bureaucratic regulations requiring the registration of firearms into a national database.” The documents further argue that there is a "lack of a clear historical continuity between the firearm laws in effect when the Second Amendment was ratified" and the current system. They also add the state “cannot provide the historical analogues" to justify felony disarmament with firearm regulation in the U.S.

The argument comes as YoungBoy prepares to go to trial in the case in July. He's been under house arrest since 2021. He faces charges of possession of a firearm by a convicted felon and unlawful possession of an unregistered firearm. Be on the lookout for further updates on NBA YoungBoy on HotNewHipHop.

[Via]