Hunter Biden’s legal battle took a major turn when the judge who presided over the case dismissed the initial firearms charge brought against him. This development is the culmination of a series of ongoing legal proceedings and negotiations.
As part of a plea agreement, the president’s son was supposed to plead guilty in July to the gun charge. However, that deal fell through. On Wednesday, a federal judge dismissed the original firearms charge.
In a single-page order issued Wednesday, U.S. district judge Maryellen Noreika granted Special Counsel David Weiss’s request to dismiss the firearms charge voluntarily due to the fact a federal indictment of three counts was returned last month against President Joe Biden’s adult son.
Hunter, 53, was indicted in September 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. He pleaded not guilty.
Weiss, his deputy, and Noreika requested in their motion filed on Oct. 4 that Noreika “without prejudice” drop the original charge of gun possession.
Weiss is a U.S. Attorney for Delaware appointed by Trump to lead the investigation of Hunter’s various problems. Hunter still faces new charges filed in September related to his gun possession. He has pleaded guilty to the charges.
The prosecution and the defense have had previous disagreements over this charge. Weiss’s team had originally planned to drop the gun charge at the July 26 plea hearing, when Judge Noreika interrogated the attorneys about the validity of the deal. Hunter’s immunity from prosecution for future crimes was the central question.
Hunter was initially expected to plead guilty to misdemeanor charges of tax, allowing him to avoid prosecution for gun possession. Hunter’s three-count federal charge stems from the deal falling through.
Hunter’s gun charges have attracted national attention, especially among those who are involved in the debates over gun rights and gun control. The critics of the law that Hunter is charged under the claim it violates the Second Amendment. They argue that the government shouldn’t have the power to prevent someone from possessing a gun because they use drugs.
This case is interesting, not just because Hunter Biden is the son of President Joe Biden but also because it may set a precedent that could lead to the repeal of laws restricting gun ownership by prohibited persons. Last year, the Supreme Court ruled in New York Rifle & Pistol Association v. Bruen. This decision paved the path for gun rights activists to overturn a number of gun restrictions throughout the country. Hunter’s lawyer indicated that he will use the Bruen ruling in his defense, which is ironic given President Obama’s virulent anti-gunner stance.