A federal appeals court has denied a request by Hunter Biden’s legal team to dismiss gun charges he is facing in federal court next month. Biden had appealed a pretrial order to dismiss the charges on Second Amendment grounds, but the United States Court of Appeals for the Third Circuit dismissed the appeal.
“The defendant’s Second Amendment defense does not implicate a right not to be tried that can be collaterally appealed,” the court stated. It further clarified that the hypothetical Second Amendment defenses “can be effectively reviewed on appeal after final judgment.”
“The defendant’s interlocutory appeal is therefore DISMISSED for lack of appellate jurisdiction,” the document states.
The charges against Hunter Biden include making false statements on a federal form when purchasing a firearm in 2018. Special Counsel David Weiss charged him with making a false statement in the purchase of a firearm, making a false statement related to information required to be kept by a licensed firearm dealer, and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
Hunter Biden has pleaded not guilty to the federal gun charges in the U.S. District Court for Delaware.
The court in Hunter Biden’s case held its final hearing before jury selection begins on June 3.
