Topline
Hunter Biden was indicted Thursday on three federal gun charges, opening up the president’s son to a legal battle that comes after a plea deal with prosecutors recently fell through.
FILE – President Joe Biden’s son Hunter Biden leaves after a court appearance, Wednesday, July 26, … [+] 2023, in Wilmington, Del. (AP Photo/Julio Cortez, File)
Key Facts
Biden was charged with two counts of making false statements on a firearms form and one count of possessing a firearm as an unlawful user of a controlled substance, according to a filing.
Biden secured a plea deal more than a month ago that would have settled tax and gun charges against him, but the agreement unraveled after pressure from a federal judge materialized in July.
All counts were tied to Biden’s 2018 purchase of a Colt Cobra .38 Special revolver—a popular snub-nose gun with new models starting around $700, according to the firearm manufacturer’s website.
Biden secured a plea deal more than a month ago that would have settled tax and gun charges against him, but the agreement unraveled after questions from a federal judge in July.
As part of the plea deal, Biden was set to avoid gun charges by entering a pretrial diversion program for purchasing the gun while being a drug user.
Tangent
In August, a federal appeals court struck down a law that prohibits illegal drug users from owning guns—the same statute prosecutors claimed Biden violated with the purchase of the gun. Circuit Judge Jerry Smith wrote in the ruling that the U.S.’s “history and tradition may support some limits on an intoxicated person’s right to carry a weapon,” but there isn’t justification for disarming a sober person based on their past drug usage.
Key Background
The president’s son has been under investigation since 2018, with the early days of the probe focusing on potential violations of money laundering and tax evasion laws. The investigation was primarily tied to oversea business dealings. This year, Biden was charged with two misdemeanor tax offenses and one felony firearm offense, agreeing to a plea deal that would have him plead guilty to the misdemeanors and enter a diversion program to avoid the firearm charge. In a July court hearing, the plea deal fell apart when prosecutors suggested the probe into Biden was ongoing and that he could face further charges. Judge Maryellen Noreika was reportedly reluctant about the plea deal covering the tax violations with the gun charge. Noreika asked both sides to restructure the agreement but efforts to do so resulted in an impasse and a delay in ruling the case. David Weiss, a Trump-appointed attorney who oversaw the investigation into Biden, was appointed as special counsel in August.
Further Reading
Hunter Biden Plea Deal Unravels As He Pleads Not Guilty (Forbes)
Inside the Collapse of Hunter Biden’s Plea Deal (Washington Post)
