Hunter Biden loses last-minute appeal to dismiss gun charges

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A federal appeals court has rejected a request by Hunter Biden’s lawyers to dismiss firearms-related charges he faces in federal court next month.

Biden had appealed a pretrial order dismissing the charges on Second Amendment grounds, but the U.S. Court of Appeals for the Third Circuit denied the appeal.

“A defendant’s Second Amendment defense does not imply a collateral right to an appealable trial,” the court said.

The court stated that a hypothetical Second Amendment defense “may be effectively reviewed on appeal after final judgment.”

Biden visits daughter-in-law’s home ahead of testimony in Hunter Biden trial

Hunter Biden, son of President Joe Biden, speaks at a press conference outside the U.S. Capitol after making remarks about his public testimony to the House Oversight and Accountability Committee. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

“Accordingly, defendant’s interlocutory appeal is dismissed for lack of appellate jurisdiction,” the document states.

The oldest son was indicted on charges of making a false statement on a federal form when purchasing a firearm in 2018. Special Prosecutor David Weiss charged him with making a false statement when purchasing a firearm, making a false statement regarding information required to be kept by a licensed firearms dealer, and possession of a firearm by an unlawful user of or addict to a controlled substance.

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Biden and his son Hunter attend the White House Egg Roll.

President Joe Biden and his son Hunter Biden talk with guests at the White House Easter Egg Roll on the South Lawn in Washington, DC. (Chip Somodevilla/Getty Images)

Hunter Biden pleaded. Not guilty In re Federal Firearms Litigation in the U.S. District Court for the District of Delaware.

The Hunter Biden case court Final hearing before jury selection begins June 3.

Read the Court of Appeals’ dismissal decision – App users click here:

Fox News previously reported that prosecutors plan to use parts of the son’s books and laptop, including photos, to try to convince jurors that he is guilty of lying on federal paperwork and buying a gun in 2018 while using drugs.

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The Bidens

President Biden’s son, Hunter Biden, takes a walk with his wife, Melissa Cohen, on Nantucket Island in Massachusetts. (Reuters/Tom Brenner)

Biden has pleaded not guilty to the charges.

Judge Mary Ellen Noreika said special prosecutor David Weiss must prove Hunter Biden was addicted to drugs, but not necessarily using drugs on the day he bought the gun.