Judge Denies Hunter Biden’s Plea to Dismiss Gun Charges

(ReliableNews.org) – Federal prosecutors have charged Hunter Biden, President Joe Biden’s son, with two felony gun crimes and misdemeanor tax crimes. Two courts recently ruled against him in separate decisions. The rulings mean the first son will be headed to court.

On Thursday, May 9, US District Judge Maryellen Noreika, in Delaware, ruled against Hunter in the gun case. Prosecutors charged him with lying about his drug use on a federal background check form when he was purchasing a gun in 2018. The president’s son appealed the charges, arguing it was unconstitutional to prohibit drug addicts from owning firearms.

Hunter’s legal team cited the 2022 Supreme Court ruling in the New York State Rifle & Pistol Association v. Bruen case that expanded gun rights. The judge didn’t buy the argument. In her ruling, Noreika ruled that even though the 5th Circuit Court of Appeals found that prohibiting a marijuana user from owning a gun was unconstitutional, the judges also emphasized its decision was narrow. She stated the “vast majority” of courts have upheld the drug user gun ban in the wake of Bruen. 

Noreika ruled against Hunter’s motion to dismiss. She previously ruled against five other motions to dismiss the case.

On the same day, a three-judge panel with the 3rd US Circuit Court of Appeals dismissed Hunter’s appeal of a lower court ruling because “the defendant has not shown the District Court’s orders are appealable before final judgment.”

Hunter’s attorney, Abbe Lowell, told NBC News they would be appealing the ruling from the appeals court because “the issues involved are too important” and they need further review.

Noreika set Hunter’s trial date for June 3. She also set a pretrial conference for May 24 at 2 p.m., and the president’s son is required to attend that hearing. He has pleaded not guilty to the charges against him. The tax case against him is being handled by a California court. He’s also pleaded not guilty to those charges.

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