(PatriotNewsDaily.com) – On Thursday, a federal appeals court denied a motion to dismiss a federal gun indictment against Hunter Biden, setting the stage for his criminal trial in Delaware this summer.
The 3rd U.S. Circuit Court, based in Philadelphia, dismissed a Second Amendment challenge raised by Biden’s legal team. The court ruled that the appeal was premature as it was filed before the final judgment of the District Court, as reported by CNN.
The case against the president’s son, led by special counsel David Weiss, charges that Biden illegally acquired and possessed a revolver in 2018 during a period when he was also using illegal drugs.
Biden’s defense argued that the charges infringe upon his constitutional right to bear arms, claiming that his brief possession of an unloaded gun for 11 days did not pose a public safety risk. They sought to overturn earlier trial court decisions that allowed the case to proceed.
The prosecution maintained that the appeals court did not have jurisdiction over the matter at this stage and was obligated to dismiss Biden’s appeal.
Unless a plea deal is reached, Biden’s trial is expected to commence in early June. Additionally, the trial judge has yet to decide on another motion to dismiss the case based on Second Amendment grounds.
Abbe Lowell, Biden’s attorney, stated that they consider the legal issues significant and believe their motion to dismiss the indictment is justified. Lowell also mentioned the possibility of requesting a rehearing by the 3rd Circuit Court.
Biden has entered a plea of not guilty to all three felony counts against him.
In a separate development, U.S. District Court Judge Maryellen Noreika, appointed by former President Donald Trump, declined last month to dismiss the gun indictment against Biden.
Furthermore, Biden faces a federal tax indictment in California, where he has also pleaded not guilty to nine charges related to income from abroad, including in China and Ukraine.
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