Hunter Biden's lawyer says gun statute unconstitutional, case will be dismissed

The younger Biden's attorney spoke to ABC News on Friday.

September 15, 2023, 7:45 AM

The attorney for President Joe Biden's son Hunter Biden, who is facing felony gun charges, said Friday that the statute is "likely unconstitutional" and he expects "the case will be dismissed before trial."

"On the facts, we think we'll have a defense," Abbe Lowell told ABC News' George Stephanopoulos in an interview on "Good Morning America."

The younger Biden has been indicted by special counsel David Weiss on three felony gun charges, bringing renewed legal pressure on him after a plea agreement he struck with prosecutors imploded in recent months.

The conduct described in the indictment dates back to October 2018, when Hunter Biden procured a Colt Cobra 38SPL despite later acknowledging that he was addicted to drugs around that time.

Attorney Abbe Lowell appears on "Good Morning America," Sept. 15, 2023.
ABC News

While the criminal statutes cited in the indictment are clear -- it is a crime to lie on a gun application form or to possess a firearm as a drug user – Hunter Biden's attorney suggested that the charges could be unconstitutional, citing a recent appeals court ruling that drug use alone should not automatically prevent someone from obtaining a gun.

“The only change that has occurred between when they investigated [this alleged crime] and today is that the law changed," Lowell said. "But the law didn't change in favor of the prosecution. The law changed against it."

With Republicans launching an impeachment inquiry on Capitol Hill, Lowell suggested that political pressure on prosecutors played into their decision, questioning the timing of the charges in light of revelations from whistleblowers about the investigation.

“The U.S. Attorney's Office has known about this for years," Lowell added. “What changed? Not the facts, not the law, but all the politics that have now come into play."

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