Hunter Biden Arraigned and Enters Plea of Not Guilty to Federal Firearms Charges

Steven J. Gaitman, Esq.

Steven J. Gaitman, Esq.

Steven J. Gaitman, a former New York public defender with 25 years of experience in criminal law, is a partner at Gaitman & Russo, LLP.  Mr. Gaitman is licensed in New York, New Jersey and Federal courts.  The firm focuses its practice in Federal and State criminal defense, criminal appeals, and post-conviction relief.  He can be reached directly at 877-707-5659 or at https://www.notguiltyli.com/contact-us/

District of Delaware Courthouse - from district website

Hunter Biden, the son of President Biden, entered a plea of not guilty in the U.S. District Court for the District of Delaware on federal gun charges. These charges stem from Special Counsel David Weiss’ lengthy investigation. Hunter Biden was physically present in court for his arraignment.

The charges against Hunter Biden include making a false statement during the purchase of a firearm, making a false statement related to information required by a federal firearms licensed dealer, and possession of a firearm by someone considered an unlawful user of or addicted to a controlled substance. Collectively, these charges could lead to a maximum prison sentence of up to 25 years, with each count carrying a maximum fine of $250,000, as well as three years of supervised release.

Read the Indictment HERE:

Hunter Biden Indictment – Docket # 23-CR-00061 filed 9-14-2023

Magistrate Judge Christopher Burke presided over the hearing and outlined several conditions for Hunter Biden’s release. These conditions require him to seek employment, communicate international travel plans, refrain from firearm possession, alcohol and drug use, undergo random drug testing, and participate in substance abuse counseling. Both the government and the defense agreed that these conditions were appropriate.

The defense indicated its intention to file a motion to dismiss, citing a diversion agreement related to the gun charges, which it believes is still in effect. This diversion agreement was part of an original plea deal that fell apart in July. Back then, Hunter Biden was set to plead guilty to two misdemeanor tax counts to avoid a felony gun charge. The federal gun charges brought against Hunter Biden are the first charges issued by Special Counsel David Weiss since his appointment.

The indictment outlines the false statements Hunter Biden allegedly made during the acquisition of the firearm and his knowing possession of it while being an unlawful user of controlled substances. These events date back to October 2018.

This case has garnered significant attention, and Hunter Biden’s initial request for a video conference arraignment was denied by Judge Burke.

Biden’s criminal defense team may benefit from a recent decision from the United States Court of Appeals for the Fifth Circuit, which reversed an identical conviction on Second Amendment grounds based on recent Supreme Court decisions.  You can read that opinion HERE:

United States v. Patrick Darnell Daniels, Jr., Docket # 22-60596

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