Hunter Biden, the son of President Biden, pleaded not guilty to charges related to his purchase of a handgun in 2018. The charges include falsifying a federal firearms application, lying to a federally licensed gun dealer, and possessing an illegally obtained gun. The charges stem from his statement on a federal form where he denied being a drug user despite his acknowledgement of past addictions. If convicted, Biden could face up to 25 years in prison and substantial fines. However, first-time offenders who are nonviolent and have not committed other crimes with the weapon rarely receive serious prison time.
In July, Biden had reached a plea agreement with federal prosecutors that would have resolved the weapons charges and separate allegations of tax evasion. However, the agreement fell apart during questioning from a federal judge about a provision that would have given Biden some immunity from further charges. Last month, federal prosecutors indicted Biden on the gun charges, and he still faces the possibility of the Justice Department charging him in the tax investigation. Biden was released without any cash bond and is continuing to pass drug tests. His lawyer intends to file a motion to dismiss the gun charges on procedural and constitutional grounds.
The decision to file criminal charges against Hunter Biden in mid-September was an exceptional move by the Justice Department and special counsel David C. Weiss. Republicans have attempted to link Biden’s business dealings to his father and have used his activities as the basis for a preliminary impeachment inquiry against the president. However, the first hearing on the matter did not yield any new information about President Biden’s involvement in his son’s business deals. The original plea agreement would have also resolved an investigation into Biden’s late filing of tax returns. The special counsel’s team is still investigating other aspects of Biden’s business activities, potentially including whether his consulting work violated the Foreign Agents Registration Act. Biden’s lawyers argue that the gun charges should be thrown out based on recent court decisions questioning the constitutionality of federal limits on firearms purchases.
