Hunter Biden’s Appeal Rejected, Gun Charges Remain

(LibertySociety.com) – Hunter Biden was dealt a blow on May 9 after a federal appeals court shut down his attempt to toss three felony charges related to his 2018 purchase of a Colt Cobra 388PL revolver while using illegal narcotics. Hunter Biden’s legal team argued in its request that the charges violated his Second Amendment rights. The three-judge panel’s unanimous ruling said that Hunter Biden’s defense did “not implicate a right not to be tried” and that it could be “effectively reviewed on appeal after final judgment.”

Additionally, the appeals court made clear that it did not have jurisdiction to dismiss the charges until he was convicted in the lower court. The original misdemeanor charges were brought by the U.S. Attorney for Delaware David Weiss, who was appointed as special counsel shortly after a plea deal fell apart in court. Federal Judge Maryellen Noreika expressed skepticism about a provision in the agreement that would have given the younger Biden immunity from future prosecution. Weiss subsequently dropped the charges and then recharged Hunter Biden with three felonies related to the firearm purchase.

One charge is for making false statements on the federal firearm application. The second charge is for giving a false statement on paperwork that the firearms dealer was required to maintain. The third charge is for possessing the firearm while using or being addicted to an illegal substance. Hunter Biden has pleaded not guilty, and his trial is set to begin on June 3. On May 24, several pretrial rulings were made by Noreika regarding which topics would be allowed or disallowed during the trial. Noreika ruled that the prosecution would only need to prove that Hunter Biden was a drug user while he possessed the gun, not specifically at the time of its purchase.

Noreika will also allow Hunter Biden’s attorneys to question whether the text messages used by the defense from his laptop are authentic. However, the defense made clear that it would be calling a witness who would testify that the texts were real. Another attempt by Hunter Biden’s attorneys to dismiss the lawsuit was also rejected by Noreika on May 29.