Court rejects Hunter Biden’s attempt to dismiss gun charges

An appellate court on Tuesday denied Hunter Biden’s request that his gun charges be dismissed, marking the latest in a string of rejections for the first son ahead of his fast-approaching trial in Delaware next week.

Biden had argued to the U.S. Court of Appeals for the 3rd Circuit last week that the three gun felonies he is facing should be dropped on the grounds that they violated the Second Amendment.

The appellate court said Biden’s request was premature and better suited for after the trial, which is set to begin June 3.

Biden’s defense attorneys wrote in court filings that the recent Supreme Court decision in New York State Rifle & Pistol Association v. Bruen protected the first son from being prosecuted for allegedly lying on a federal form about his drug use to purchase a revolver in 2018.

Judge Maryellen Noreika, a Trump appointee, denied Biden’s initial request. She said the charges on their face were compatible with Bruen, a ruling that relaxed some gun regulations in New York two years ago.

Noreika said, however, that Biden could make arguments about the Second Amendment that were specific to his case in an appeal after the trial, once the merits of his case had been established.

Biden’s defense team then argued to the appellate court that if a jury acquits Biden, he will not have a right to re-raise the Second Amendment challenge, which will allow Noreika’s decision to “evade review altogether.”

“The chilling effect on Second Amendment rights caused by both this prosecution and the district court order may persist long after this case is resolved on the merits,” Biden’s attorneys wrote.

Special counsel David Weiss opposed the dismissal of Biden’s charges on Second Amendment grounds and asked the appellate court to issue an expedited decision ahead of the forthcoming trial. Biden’s attorneys opposed rushing the decision, claiming the “rapidly changing area of the law” required thorough examination ahead of any trial.

The denial is the fourth of its kind in Delaware for Biden.

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The first son previously asked the district court to dismiss his charges for three other reasons, including that the prosecution was, according to Biden, the result of a Republican pressure campaign and therefore “selective and vindictive.” Noreika denied all three requests, and the appellate court affirmed her denials, once again saying the requests were premature.

Biden’s attorneys also asked this month for the trial to be postponed in part because they were struggling with securing expert witnesses, but Noreika also denied that request.