In a filing on Thursday evening, Hunter Biden’s attorneys outlined potential arguments for his upcoming gun trial in Delaware, scheduled for June 3. Biden faces three charges, including making false statements on a federal form and possessing a firearm while using illegal drugs. Prosecutors intend to present evidence from text messages, pictures, and excerpts from Biden’s autobiography to show he was using illegal drugs when he purchased the firearm in 2018.
Biden’s defense team raised concerns about jury instructions proposed by prosecutors. They questioned whether Biden considered himself a drug user or addict at the time of the firearm purchase, noting that terms like “user” or “addict” were not defined on the federal form he filled out. They argued that Biden, having just completed an 11-day rehabilitation program and living with a sober companion, might not have believed he was a current user or addict.
The defense also highlighted several arguments related to the Second Amendment. They asserted that the statute under which Biden is charged should only apply if the person is armed and actively intoxicated, using the weapon in a way that terrifies or endangers others. Since there is no evidence that Biden ever loaded, fired, displayed, or threatened anyone with the firearm, and because he did not possess the firearm throughout the entire period from purchase to disposal, his attorneys argued that the Special Counsel cannot meet the burden of proof.
On tp of that, Biden’s lawyers argued that the jury instructions proposed by prosecutors unlawfully expand the scope of the gun-control law and violate the Second Amendment. They contended that responsible gun owners who secure their firearms while using substances like marijuana or legally prescribed medications should not be treated as felons.
Previously, Biden’s attorneys filed a motion to dismiss the charges, claiming that the primary statute violated his Second Amendment rights. However, this motion was rejected by the presiding judge.
Prosecutors and defense attorneys are set to meet with Judge Maryellen Noreika for a final conference before the trial. Ahead of the hearing, Biden’s lawyers emphasized their request to exclude references to his extravagant spending on adult entertainment and escort services from the trial, arguing it is irrelevant and prejudicial.
