Baldwin says part of the shooting is unconstitutional

Alec Baldwin says a five-year sentence for firearms in the charges against him is unconstitutional based on a law passed after filming on the set of the movie Rust and has asked a New Mexico judge to dismiss it.

“Prosecutors made a fundamental error of law in charging Mr. Baldwin under a version of the Firearms Improvement Act that did not exist at the time of the accident,” Baldwin’s attorneys said in a court filing.

Baldwin and Hannah Gutierrez-Reed, the western’s gun crew, were charged with manslaughter last month in the shooting death of cinematographer Halyna Hutchins.

Hutchins died shortly after being injured during rehearsals at a ranch on the outskirts of Santa Fe on October 21, 2021.

Baldwin pointed a pistol at Hutchins when the gun went off, killing her and wounding director Joel Souza.

Hutchins’ parents and sister filed a lawsuit over the shooting Thursday after a similar lawsuit filed by her husband and son was settled.

Baldwin’s attorneys also filed a motion Tuesday to remove the special prosecutor in the case, claiming that her position as a state legislature constitutionally bars her from exercising any authority in a judicial capacity.

Baldwin’s legal team is aggressively pushing back before he even makes his first court appearance, which is scheduled to take place via video conference later this month.

Baldwin was not arrested.

The manslaughter charges against Baldwin and Gutierrez-Reed have two alternative standards and sentences, and a jury can decide which to pursue, prosecutors said.

One version would require proof of negligence, which carries a penalty of up to 18 months in prison and a $5,000 ($7,238) fine under New Mexico law.

The second alternative is reckless disregard for safety “without due caution and caution.”

It carries a higher threshold for misconduct and includes the weapon upgrade, which could result in a mandatory five-year sentence.

But legal experts said Baldwin has a strong chance of being kicked out.

“This is a violation of the ex post facto clause of the Constitution,” said Neama Rahmani, president of West Coast Trial Lawyers.

“The government cannot pass a law and penalize someone under that law retrospectively. The judge is likely to overturn this amendment, and Baldwin only carries a maximum sentence of 18 months in prison.”

A message asking for prosecutors to comment on the application was not immediately returned.