The son of President Joe Biden is set to be arraigned Tuesday on three felony gun charges, after a deal that included a diversion in connection with a firearms charge and a guilty plea to two misdemeanor tax charges collapsed in court over the summer.
While Hunter Biden may have been prepared to enter a diversion program for the gun possession allegation, his defense attorneys are indicating they plan to argue that one of the statutes he is charged with violating — a ban on gun possession for drug users — is unconstitutional.
Hunter Biden entered the courthouse around 9:45 a.m. ET.
The argument hinges on a new framework laid out by the Supreme Court last year in a closely watched decision that expanded gun rights. In its ruling, the court’s conservative majority said gun restrictions must be consistent with the “nation’s historical tradition of firearm regulation.”
*update*
Hunter Biden pleaded not guilty to federal gun charges in U.S. District Court for the District of Delaware Tuesday morning after being charged out of Special Counsel David Weiss’ years-long investigation.
The president’s son appeared in person in court for his arraignment Tuesday morning at 10:00 a.m. ET.
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