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Hunter Biden attempts to have gun charges dismissed

By Stew Davidson
January 31, 2024

Hunter Biden's legal team is pushing to have federal firearms charges against him in Delaware dismissed.

The current legal turmoil surrounding President Joe Biden's son involves an effort by his lawyers to dismiss federal firearms charges. This recent development follows a series of complex legal maneuvers and agreements. The core of the argument lies in a diversion agreement made between Hunter Biden's legal team and the Department of Justice, which is now under scrutiny, as reported by FOX News.

A complex legal battle over diversion agreement

Hunter Biden's attorneys filed a motion in federal court to uphold a diversion agreement, originally agreed upon by the Department of Justice and Hunter's legal team.

This agreement aimed to help Biden avoid jail time by pleading guilty to misdemeanor tax charges, in exchange for not facing a more serious federal gun charge.

However, this plea agreement was questioned by Judge Maryellen Noreika in July 2023, particularly with regard to its constitutional validity.

The diversion clause and the immunity granted to Hunter Biden under this agreement were points of contention. The special counsel overseeing the matter, David Weiss, argued that the diversion agreement became invalid once the plea deal was rejected.

The defense's stance on the agreement's validity

Hunter Biden's defense lawyer, Abbe Lowell, maintains that the agreement should remain in effect since it was mutually agreed upon last spring.

Lowell emphasized the binding nature of such agreements, stating:

The prosecution is bound by the agreements that it makes, approves, and signs with a defendant. No matter how fervently the prosecution’s decision to enter into the Diversion Agreement is criticized by extremist Republican politicians and the right-wing press, the prosecution remains bound by the agreement it struck. The Court must not allow the prosecution to renege on its agreement.

Charges and potential consequences for Hunter Biden

In October, Hunter Biden pleaded not guilty to all counts in the firearms case.

The charges involve allegedly lying about his drug use on a gun purchase form in October 2018, a crime that could result in up to 25 years in prison.

The gun in question was in his possession for about 11 days.

An appeals court had previously determined that a federal ban on drug users possessing guns is unconstitutional, under recent Supreme Court precedents. This ruling could potentially impact Hunter Biden's case.

Cocaine found on Hunter Biden's gun pouch

Recently, federal prosecutors revealed that a brown leather pouch used by Hunter Biden to store a gun tested positive for cocaine.

This pouch was recovered from a state police vault last year.

Hunter Biden's history with drug use is well-documented, including his own descriptions of such conduct in his 2021 memoir. The discovery of cocaine on the gun pouch adds another layer to the already complex case.

Tax charges also looming over Hunter Biden

Beyond the firearms charges, Hunter Biden faces nine federal tax charges in Los Angeles.

These charges allege failure to pay federal income taxes from January 2017 to October 2020, along with filing false tax reports.

The tax charges add significant weight to the legal challenges Hunter Biden is currently facing, painting a picture of multiple legal fronts that he must contend with.

The political and legal implications of the case

This legal battle is not just a personal matter for Hunter Biden, but also carries political implications due to his connection with President Biden, who is seeking re-election to the Oval Office.

The case has attracted significant attention from both political opponents and supporters, highlighting the often-intertwined nature of legal and political arenas.

The outcome of this case could have ramifications not only for Hunter Biden personally but also in the broader political landscape, particularly considering the high-profile nature of the involved parties.


  • Hunter Biden's lawyers are striving to dismiss federal firearms charges against him.
  • The debate centers around a diversion agreement made with the Department of Justice.
  • Judge Maryellen Noreika questioned the constitutionality of the plea agreement in 2023.
  • Defense lawyer Abbe Lowell argues for the binding nature of the diversion agreement.
  • Hunter Biden faces charges of lying on a gun purchase form and potential tax evasion.
  • Recent findings of cocaine on a gun pouch and tax charges in Los Angeles add complexity to the case.
  • The case has significant political and legal implications, given Hunter Biden's relation to the president.