Hunter Biden, the son of President Joe Biden, is on trial in Wilmington, Delaware, facing three felony charges related to his purchase of a firearm in October 2018. The charges stem from allegations that he lied on federal gun-buying forms. The trial, which began in June 2024, has attracted widespread media attention due to the high-profile nature of the case and its implications on gun laws.
Hunter Biden is accused of making false statements on background check forms required when purchasing a Colt Cobra revolver from a federally licensed retailer. Specifically, he allegedly marked the box on the form indicating that he was not a drug user at the time, which contradicted his own admission in a 2021 memoir about his struggle with crack cocaine and alcohol addiction. Federal law prohibits gun ownership by individuals who are unlawful users of drugs, even if the drugs are legal under state law, such as marijuana.
The third charge against Biden concerns the possession of the firearm. Biden reportedly owned the gun for 11 days before it was disposed of by his then-girlfriend, Hallie Biden, due to concerns about his mental health.
Gun Ownership and Drug Use
Under federal law, individuals who are addicted to drugs are banned from owning firearms, even if their drug use is legal in their state. This includes marijuana, which is legal in many states but remains a controlled substance under federal law. Experts argue that these laws aim to prevent individuals who abuse drugs from owning firearms due to safety concerns.
The case has highlighted an important issue in the legal system: the restrictions placed on gun ownership due to drug addiction, which is intended to address concerns over the safety and reliability of individuals who use controlled substances.
Biden’s legal team attempted to have the charges dismissed based on the Supreme Court’s 2022 ruling in New York Rifle and Pistol Association v. Bruen. This decision requires that all gun regulations be backed by historical analogs. Biden’s lawyers argued that the federal ban on gun ownership for drug users lacked such a historical precedent. However, the court did not accept this defense. Prosecutors countered by referencing 14th-century English laws that restricted weapon possession among individuals deemed dangerous, arguing that these principles were carried over when the U.S. Constitution was framed.
While Biden’s legal team may continue to challenge the constitutionality of the law on appeal, most courts have upheld the law since the Bruen decision, allowing the case to proceed.
Possible Penalties for Hunter Biden
If convicted, Hunter Biden faces up to 25 years in prison for the three felony charges. However, first-time offenders rarely receive the maximum sentence, and given Biden’s lack of a prior criminal record, it is uncertain whether he will be sentenced to any time in prison. The trial is expected to last two weeks, and the outcome will likely have implications for the interpretation of gun laws in relation to drug addiction.
The trial of Hunter Biden has shed light on the complexities of American gun laws, particularly in relation to drug use and firearm ownership. With the potential for significant legal precedent, the case remains one to watch, both for its impact on Biden and the broader conversation about gun control in the United States.
