Hunter Biden's attorney sought to cast doubt on the government's narrative during his opening statement, claiming that Hunter Biden was not actively using drugs at the time of his gun purchase and therefore did not "knowingly" lie on the federal form barring drug users from procuring a firearm.

"He did not knowingly violate these laws," attorney Abbe Lowell said, since there was "nothing on the form about the definition of a user."

Lowell told the jury that Hunter Biden was using alcohol at the time of the gun purchase, but that his drug use "did not start until later."

The attorney said that while Hunter Biden was in Delaware, where he purchased the gun, his behavior was "totally inconsistent" with how he presented it when he was on drugs.

"He spoke with his father, his uncle, his daughters," Lowell said, suggesting they would have noticed if he was "smoking crack every 15 minutes," as he described in his 2021 memoir, "Beautiful Things."

"There is no such thing as a high-functioning crack addict," Lowell said.

Lowell told the jury that Hunter Biden had entered a 12-day rehab program in California before returning to Delaware in the fall of 2018, just a week before the gun purchase, shepherded by his "Uncle Jimmy Biden," who Lowell suggested will testify at trial.

Lowell also pushed back on one of the government's key pieces of evidence -- a text Hunter sent to his then-romantic partner Halle Biden days after purchasing the gun, in which he claimed to be "on a car" smoking crack. Prosecutors said this was evidence that he was using drugs at the time, but Lowell said that, "in reality, he did not want to see Hallie."

As part of the defense, Lowell also appeared to shift some blame to the owners and employees at the gun store where Hunter Biden purchased the gun, saying they "wanted to make a sale."

Lowell claimed that Hunter Biden first purchased a BB gun and a knife at the store, and only purchased the gun after they approached him.

"Hunter wouldn't have known what a speedloader was," said Lowell, who also claimed the salesman never "took Hunter through" the form to ensure he understood it.

"How quickly does a person check through those boxes?" Lowell asked jurors.

Lowell also pushed back on allegations involving the gun pouch that was found with the firearm after Hallie Biden threw the gun it in a dumpster. Prosecutors allege that the pouch had cocaine residue on it, but Lowell said it was never checked for fingerprints and called into question its chain of custody.

"Hunter has never asked anyone to excuse his mistakes," Lowell said, before asking jurors to find him not guilty.

As Lowell delivered his opening statement, first lady Jill Biden, Hunter Biden's wife Melissa Cohen Biden, and his half-sister Ashley Biden sat largely stoic in the gallery. Hunter Biden kept his eyes on Lowell and his hands clasped. Jurors paid close attention, with several taking notes.

Government prosecutors told jurors in the trial's opening statements that they should make "no distinction for Hunter Biden or anybody else" as they weigh the gun case against the president's son.

Hunter Biden "chose to lie," prosecutor Derek Hines said, laying out the case that the defendant purchased a gun while knowing he was an addict and drug user.

Hines said Hunter Biden bought the firearm from a gun seller who will testify as a witness that the younger Biden filled out form 4473 -- consenting to a federal background check -- and certified that he understood the form. The prosecution said it will show Hunter Biden "bought a gun and lied during a background check."

The man who sold Hunter Biden the gun will testify that he watched the defendant fill out the form.

The gun was then "taken by someone concerned he had a gun. That person was Halle Biden," Hines said, referring to Hunter Biden's romantic partner at the time.

Halle Biden disposed of the gun in a dumpster, where it was retrieved by a man who will also be a witness called by the government.

"The police were called" when Halle Biden went to retrieve the gun, Hines said.

Hines, in his opening, said evidence will show that "Hunter Biden knew he was a drug user and a drug addict" when he filled out the form.

Hines cited Hunter Biden's memoir, "Beautiful Things," in which he wrote he had a "superpower of buying crack anywhere, anytime."

In text messages presented by the prosecution, Hunter Biden acknowledged, "I am an addict."

Opening statements got underway in Hunter Biden's gun trial after nearly an hour-long delay.

The jury was seated just before 10 a.m.

"No one is above the law," prosecutor Derek Hines said in his opening statement, addressing the jury from the lectern.

"It doesn't matter who you are or what your name is," Hines told them.

Judge Maryellen Noreika took the bench this morning and announced they had "lost" one juror overnight after she "begged" to be released due to travel difficulties.

"We lost a juror overnight," Judge Noreika said, noting the juror explained she lives far away and does not have a car. Noreika did not specifically address how they would be moving forward, but there are four alternates who were seated yesterday as part of the jury.

Opening statements had still not gotten underway as of 9 a.m., as the court was still awaiting the arrival of four of the jurors.

Judge Noreika used the time to address a number of motions, including rejecting a motion from Hunter Biden's attorney Abbe Lowell seeking to exclude from evidence a number of photos of Hunter Biden.

The government said they needed a photo to prove Hunter Biden was in Malibu at a particular time, and the judge agreed to admit it.

First lady Jill Biden was back in her same front-row seat as yesterday, seated between Hunter Biden's wife Melissa and Jill Biden's daughter Ashley Biden.

According to a transcript of Tuesday's proceedings released hours after court concluded, at attorney for Hunter Biden told the judge during a sidebar conversation that he might decide to call Hunter Biden's oldest daughter, Naomi Biden, to testify at trial "if need be."

Attorney Abbe Lowell made the statement during what appeared to be a tense exchange between him, Judge Maryellen Noreika and two government prosecutors, in which Lowell divulged his expectations for witnesses.

When prosecutors suggested Lowell was hiding the ball on how he planned to present certain evidence, Lowell first introduced the idea of calling one of Hunter Biden's daughters as a witness:

MR. HINES: Exactly, we have asked Mr. Lowell and he won't tell us.
MR. LOWELL: That's not what I said.
MR. HINES: He couldn't tell us which witness.
MR. LOWELL: I said I'm making a proffer and the court -- I understand the rules, each one of these will be submitted with a witness, I don't have to tell them in advance which witness it is, but I am making a statement to the Court, there is three or four witnesses, including his uncle and his daughter, if need be.

Lowell later clarified that Naomi Biden, Hunter Biden's daughter with ex-wife Kathleen Buhle, and the president's eldest granddaughter, was on his witness list.

Lowell also left the door open for Hunter Biden to testify "if it gets to that," a gamble that would put his client in the position of facing live cross-examination from federal prosecutors. It came during a discussion about how Lowell planned to demonstrate that Hunter Biden read the ATF Form 4473 "carefully."

THE COURT: Wait. Just so I'm clear, are you going to suggest that he did in fact read these things or just that if he had chosen to and didn't tell them.
MR. LOWELL: Both.
THE COURT: What is your evidence going to be that he did in fact read all of these things carefully?
MR. LOWELL: If it gets to that judge, then it will be Mr. Biden's job to say that.

During a debate at the same bench conference about an argument Lowell intended to make in his opening statement, Judge Maryellen Noreika called the defense attorney for interrupting her.

MR. LOWELL: That's not the argument judge.
THE COURT: That is what it sounds like you're telling me, you're saying he doesn't know what it was.
MR. LOWELL: No.
THE COURT: You keep cutting me off, and you want to make your argument, and I know you want to make your argument, but you need to understand it, so you need to understand where I am.

The judge later told Lowell, "Don't put words in my mouth."

"I know you're just trying to zealously represent your client," she said, "but don't assume my ruling before you give me a chance to make it."