Hunter Biden’s gun trial has highlighted his drug use through his own text messages and memoir, as well as testimonies from his former partners. Prosecutors allege that he lied on paperwork to obtain a firearm and illegally possessed the gun while struggling with addiction.
If found guilty by a jury in Wilmington, Delaware, President Biden’s son could face decades in prison. He has pleaded not guilty to all charges. Below is a summary of the accusations against him.
Hunter Biden was indicted on three felony gun charges in September after a proposed plea deal with federal prosecutors fell apart. He is accused of illegally purchasing and possessing a gun while addicted to crack cocaine. Federal law prohibits illegal drug users from owning firearms.
Prosecutors claim that the president’s son lied about his drug use on a Bureau of Alcohol, Tobacco, Firearms, and Explosives form when he bought a revolver, speed loader, and ammunition on October 12, 2018, from StarQuest Shooters and Survival Supply, a gun store in Wilmington.
Hunter Biden owned the Colt Cobra .38 handgun for 11 days before his brother’s widow, Hallie Biden, with whom he was romantically involved at the time, found it in his truck’s console and discarded it in a trash can outside a grocery store.
Hallie Biden in the court testified, “I panicked. I realize it was a stupid idea now. But I was panicking.” After disposing of the gun, she initially planned to “pretend” she hadn’t done it. However, Hunter Biden texted her about the missing gun. “Are you insane?” he allegedly texted her on October 23, 2018, according to messages read aloud during the trial. “Tell me now. This is no game. And you’re being totally irresponsible and unhinged.”
“It’s hard to believe anyone is that stupid,” he allegedly wrote in another message. Hallie Biden returned to the trash can to retrieve the gun, but it was gone. An elderly man searching for recyclables had found the gun and taken it home.
Delaware police later recovered the gun from him. Years later, prosecutors charged Hunter Biden with gun crimes while also pursuing unrelated tax charges against him.
Two of the three counts against Hunter Biden pertain to the ATF paperwork he completed when purchasing the gun. The form includes questions about criminal history, whether the gun is being bought for oneself or another, drug use, and mental health. Hunter Biden is accused of making a false statement on the application by claiming he was not a drug user and lying to a licensed gun dealer.
The third count concerns his possession of the gun. Prosecutors allege he knowingly possessed the firearm for 11 days while battling an addiction to illegal drugs, which violates federal law. “On October 12, 2018, when the defendant filled out that form, he knew he was a drug addict,” prosecutor Derek Hines stated during opening arguments this week. “The law does not require us to prove that he was using drugs on that very day. Just that he knew he was a drug user or a drug addict.”
Hunter Biden’s attorneys have contended that prosecutors must prove he was using drugs on the day he bought the gun. “The form uses the word ‘are,'” his attorney Abbe Lowell said in opening statements. “It does not say ‘have you ever been.’ It does not say ‘have you ever used.'”
The defense has also argued that Hunter Biden was abusing alcohol, not drugs, during that period. All three counts are felonies. If convicted on all counts, he could face a maximum sentence of 25 years in prison and fines totaling up to $750,000.
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