Alec Baldwin is facing two charges of involuntary manslaughter.

The second charge carries an additional firearm enhancement.

This firearm enhancement could put him behind bars for five years if convicted.

Baldwin’s legal team is trying to get the firearm enhancement thrown out in court.

On Friday, they filed a motion asking for it to be removed.

The statue was only enacted months after the fatal shooting.

As such, Baldwin’s team called the charge “an unconstitutional and elementary legal error.”

“Application of the current version of the statute would be unconstitutionally retroactive,” the court docs read.

They claim that the government has “no legitimate basis” to charge Baldwin with that statute.