Hunter Biden expected to plead not guilty to federal gun charges in court

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James Comer: Hunter’s gun charges are the only ones not involving House investigation

FOX News senior congressional correspondent Chad Pergram reports on the response from GOP and Democratic lawmakers to Hunter Biden's indictment on gun charges.

WILMINGTON, DELAWARE—Hunter Biden is expected to plead not guilty to federal gun charges in U.S. District Court for the District of Delaware Tuesday morning after being charged out of Special Counsel David Weiss' years-long investigation. 

The president's son is set to appear in person in court for his arraignment Tuesday morning at 10:00 a.m. ET. 

Biden was charged by Weiss this month with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. 

Joe and son Hunter Biden. (AP Photo/Andrew Harnik)

HUNTER BIDEN INDICTED ON FEDERAL GUN CHARGES

His attorneys, who initially requested for the court appearance to take place via video conference, earlier this month, signaled that he would plead not guilty to the charges. U.S. Magistrate Judge from the District of Delaware Christopher Burke rejected Hunter's request, saying he should not receive special treatment. 

"In the end, the Court agrees with both the Defendant and the Government, that Defendant should not receive special treatment in this matter — absent some unusual circumstance, he should be treated just as would any other defendant in our Court," Burke stated in a filing earlier this month. 

Hunter's court appearance comes after an original plea agreement collapsed in July. Hunter Biden was expected to plead guilty in July to two misdemeanor tax counts of willful failure to pay federal income tax as part of the plea deal to avoid jail time on a felony gun charge.

Hunter Biden was forced to plead not guilty to two misdemeanor tax charges and one felony gun charge when the deal collapsed in court. 

DELAWARE, UNITED STATES - JULY 26: United States President Joe Biden's son Hunter Biden, exits in J. Caleb Boggs Federal Building in Delaware, United States on July 26, 2023. (Photo by Celal Gunes/Anadolu Agency via Getty Images)

The federal gun charges are the first charges Weiss has brought against Hunter since being granted special counsel status by Attorney General Merrick Garland in August. 

According to the indictment, "on or about October 12, 2018, in the District of Delaware, the defendant, Robert Hunter Biden, in connection with the acquisition of a firearm, that is, a Colt Cobra 38SPL Revolver with serial number RA 551363…knowingly made a false and fictitious written statement, intended and likely to deceive that dealer with respect to a fact material to the lawfulness of the sale of the firearm…in that the defendant, Robert Hunter Biden, provided a written statement on Form 4473 certifying he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious." 

The indictment also states: "on or about October 12, 2018, through on or about October 23, 2018, in the District of Delaware, the defendant Robert Hunter Biden, knowing that he was an unlawful user of and addicted to any stimulant, narcotic drug, and any other controlled substance…did knowingly possess a firearm, that is, a Colt Cobra 38SPL revolver with serial number RA 551363, said firearm having been shipped and transported in interstate commerce." 

Special Counsel David C. Weiss. (Fox News screenshot)

HUNTER BIDEN TO PLEAD NOT GUILTY TO FEDERAL GUN CHARGES

Fox News first reported in 2021 that police had responded to an incident in 2018, when a gun owned by Hunter was thrown into a trash can outside a market in Delaware.

A source with knowledge of the Oct. 23, 2018, police report told Fox News that it indicated that Hallie Biden, who is the widow of President Biden's late son, Beau, and who was in a relationship with Hunter at the time, threw a gun owned by Hunter in a dumpster behind a market near a school.

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A firearm transaction report reviewed by Fox News indicated that Hunter purchased a gun earlier that month.

On the firearm transaction report, Hunter answered in the negative when asked if he was "an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance."

Hunter was discharged from the Navy in 2014 after testing positive for cocaine.