Posted: 2023-02-11 01:11:20

Alec Baldwin has asked a US judge to dismiss a five-year firearm sentencing enhancement in the charges against him, saying it is unconstitutionally based on a law passed after the shooting on the set of the film Rust.

A firearm sentencing enhancement is a provision in criminal law that increases the penalties for a crime if a gun was used or involved.

"The prosecutors committed a basic legal error by charging Mr Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident," a court filing from Mr Baldwin's attorneys said.

Mr Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the Western, were charged last month with felony involuntary manslaughter in the death of cinematographer Halyna Hutchins.

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

Mr Baldwin was pointing a pistol at Ms Hutchins when the gun went off, killing her and wounding the director, Joel Souza.

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