Hunter Biden Pleads ‘Not Guilty’ to Federal Gun Charges

WILMINGTON, Del. — Hunter Biden pleaded “not guilty” on Tuesday to three federal firearms charges in an appearance at the federal courthouse in Delaware.

Biden, 53, was indicted last month on one count of possession of a firearm by a person who is an unlawful user of, or addicted to, a controlled substance; and two counts alleging he made false statements in the course of purchasing the gun. 

Accompanied by his attorney Abbe Lowell, Hunter Biden said little during the proceedings before U.S. Magistrate Judge Christopher Burke.

Burke released Hunter Biden under the same pretrial release conditions he had been under in the months since a failed plea deal in July. He is prohibited from using alcohol or controlled substances or possessing weapons including firearms, and must "communicate in writing all international travel plans" to federal authorities.

The parties in the case will have until Nov. 3 to file pretrial motions, Burke said.

Lowell told the judge that he expects to file a number of pretrial motions, including a motion to dismiss, and expects to challenge the constitutionality of the charges.

In a statement following the proceedings, Lowell said the charges "are the result of political pressure from President Trump and his MAGA allies to force the Justice Department to ignore the law and deviate from its policies in cases like this one."

Hunter Biden, the son of President Joe Biden, is the first child of a sitting president to be indicted on criminal charges. He is accused of knowingly possessing a Colt Cobra revolver in October 2018 while “knowing he was an unlawful user of and addicted to” controlled substances. 

Prosecutors allege he knowingly made a false statement on a form used in the purchase of the gun, certifying that he was not an unlawful user of controlled substances at the time.

The firearm possession charge carries a maximum potential sentence of 10 years in prison, while the two false statement counts carry maximum potential sentences of 5 years and 10 years in prison if convicted.

The charges stem from a years-long investigation by now-Special Counsel David Weiss into a range of activities related to President’s Joe Biden’s son. 

The proceedings lasted about 30 minutes, and marked the second time the president's son appeared at the J. Caleb Boggs Federal Building in Wilmington this year.   

In June, Hunter Biden agreed to plead guilty to two counts of willful failure to pay federal income tax while avoiding prosecution for a single firearms charge if he met certain pre-trial conditions. However, that deal fell apart under questioning by U.S. District Judge Maryellen Noreika at a hearing in July.

Following the breakdown of the deal, Attorney General Merrick Garland named Weiss to be the special counsel overseeing the continuing investigation.

Weiss, an appointee of former President Donald Trump, originally conducted the investigation as U.S. Attorney for Delaware, and remained in that post as an appointee of President Biden.

Amie Parnes contributed to this report.