Last year, Torrence “Boosie” Hatch Jr., a rapper based in Louisiana, was arrested in San Diego and charged with firearm possession. However, a federal judge has now dismissed the charge.
court filings reveal that the defendant’s legal team has filed a request to review the charge against their 41-year-old client for possessing a firearm and ammunition as a felon in interstate commerce. They are seeking a review in light of recent precedent-setting decisions related to gun ownership that were made by another federal court.
In California, another defendant’s “felon in possession” charge was dismissed in a recent review. The review cited the Ninth Circuit Court of Appeals’ decision in United States v. Duarte, which deemed it unconstitutional to strip non-violent felons of their right to own a gun.
In Duarte, the court arrived at its decision by relying on the Supreme Court’s reading of the Second Amendment as stated in New York State Rife & Pistol Ass’n v. Bruen. The latter case granted the right to possess firearms to almost all American citizens, with only a few exceptions.
The government is only authorized to disarm individuals when there is a clear record of violence, as was established in the United States v. Rahimi case involving firearms related to domestic violence earlier this year, as per the high court’s ruling.
The defendant’s lawyers cited an unrelated case as the basis for dismissal. A judge in central California had determined that the case, known as Duarte, was nearly identical to the charge of “felon in possession” against the defendant. It is important to note that the defendant’s criminal history only consisted of non-violent vandalism.
The judge overseeing Hatch’s case in the San Diego area seemed to agree with his argument and granted his request to dismiss the charge against him.
According to Nexstar’s BRProud., Hatch has faced allegations of violent crimes in the past, but he has only been found guilty and imprisoned for non-violent charges related to drug offenses.
Prosecutors in San Diego County have made a second attempt to try the rapper on firearm charges after his arrest during a traffic stop while he was in the area for a performance and music video shoot. The approval on Friday marked the conclusion of this effort.
Authorities have reported that two loaded handguns were found in the vehicle during a traffic stop in the Chollas View neighborhood on May 6, 2023. The rapper was taken into custody as a result.
According to prosecutors, a law enforcement officer came across an Instagram livestream that depicted a man filming a music video in the backyard of a residence. In the livestream, the man had a black handgun tucked into the waistband of his pants. This led to his subsequent arrest.
According to court documents, the man identified by SDPD as Hatch was tracked by law enforcement officials using a helicopter. This allowed officers to conduct a traffic stop on the vehicle he was riding in.
Although the stop led to the arrest of the driver, who happened to be Hatch’s bodyguard, he was not charged in relation to the incident.
Initially, the local prosecutors charged the rapper with firearm possession, but later the charge was dropped. However, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) re-arrested him on June 14 under a federal warrant for a similar charge related to interstate commerce.
In June, he entered a plea of not guilty to the federal charge and was granted release on a $100,000 bond soon after.
After the judge’s decision, Hatch took to Instagram to share his emotional response. “It’s over with,” he said in a video that he posted. Later, he shared another video in which he was seen celebrating in the lazy river at San Diego’s Sycuan Casino Resort. It appears that the rapper was rejoicing the dismissal of the case.
Hatch, an artist who has gone by multiple stage names throughout his career, has gained fame for his hit tracks such as “Wipe Me Down” and “Set It Off.”