Home Gov & Politics Third Circuit Tosses Hunter Biden's Appeal in Delaware Gun Charges Case

Third Circuit Tosses Hunter Biden's Appeal in Delaware Gun Charges Case

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Third Circuit Tosses Hunter Biden's Appeal in Delaware Gun Charges Case

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The Third Circuit Court of Appeals has denied Hunter Biden’s appeal in his Delaware firearms case. In a statement released on Thursday, the Court stated that “the defendant has not shown the District Court’s orders are appealable before final judgment.”

The United States Court of Appeals for the Third Circuit refused to throw out Hunter Biden’s indictment on federal gun charges in a court document released Thursday.

The president’s son is set to stand trial next month in Delaware.

“The defendant in this criminal case appealed three pretrial orders entered on April 12, 2024, denying his motions to dismiss the indictment,” the court document released Thursday states. “This appeal is DISMISSED because the defendant has not shown the District Court’s orders are appealable before final judgment.”

Biden’s lawyers filed the motion in federal court earlier this year, arguing that a diversion agreement previously agreed to by the Department of Justice, and Biden’s legal team should remain in effect.

Last month, here at RedState, Susie Moore reported on the failed dismissal attempt before District Court Judge Maryellen Norieka on the part of Hunter Biden’s legal team. Biden’s attorneys appealed Noreika’s ruling to the Third Circuit, which has now dismissed the appeal for lack of jurisdiction and denied Biden’s alternative request for a writ of mandamus. 


Previously on RedState: Bad News for Hunter Biden As Judge Denies Motions to Dismiss Delaware Gun Case


Hunter Biden will now face trial on federal gun charges in June.

The case originated with Hunter Biden’s purchase of a revolver in 2018 while being an active drug user. For all firearms purchases carried out through a licensed dealer, federal law requires completion of Form 4473, which includes a list of questions that must be answered before the background check and eventual transfer of the firearm. One of those questions is:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or
decriminalized for medicinal or recreational purposes in the state where you reside.

Hunter Biden allegedly answered this question in the negative, lying on the form, and therefore, the purchase violated federal law.

This case isn’t the only legal issue facing Hunter Biden. He also faces federal tax charges in a California case.

A three to six day jury trial is set to begin on June 3 and will be presided over by Judge Maryellen Noreika. A pre-trial conference is scheduled for May 24.

Biden is also expected to stand trial on June 20 in Los Angeles for federal tax charges brought against him in the same investigation headed by Special Counsel David Weiss.

The First Son, with all of his widely publicized drug use, his impregnating of a stripper, and his suspicious Ukrainian and Chinese business dealings — not to mention his career as an “artist” which involves selling what can only be described as daubs for astronomical sums — has been an ongoing liability for the Biden administration.


See Related: WATCH: Afroman Reprises ‘Then I Got High’ Hit to Hilariously Mock Hunter Biden, Family Influence Peddling


This case presents an interesting example of the law biting the hand that fed it; Hunter’s father, President Joe Biden, has never seen a gun-control law he wasn’t in favor of, and now his son faces trial for the illegal purchase of a firearm by lying on the Form 4473 that is required for all gun purchases. The schadenfreude is strong with this one.

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