Hunter Biden loses last-minute appeal to dismiss gun charges

The United States Court of Appeals for the Third Circuit has denied a last-minute motion from Hunter Biden's legal team seeking to dismiss his federal gun charges on Second Amendment grounds.

Hunter Biden, the son of President Joe Biden, is seen after making a statement during a news conference outside the U.S. Capitol about testifying publicly to the House Oversight and Accountability Committee. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

"The defendant's interlocutory appeal is therefore DISMISSED for lack of appellate jurisdiction," the document states.

The first son is charged with making false statements on a federal form when purchasing a firearm in 2018 after Special Counsel David Weiss charged him with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a licensed firearm dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

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Hunter Biden, son of President Biden, walks with his wife, Melissa Cohen, in Nantucket, Massachusetts. (REUTERS/Tom Brenner)

Biden has pleaded not guilty to the charges.

Judge Maryellen Noreika said Special Counsel David Weiss must show Hunter Biden was addicted to drugs, but not necessarily using drugs the day he purchased the gun.

Timothy Nerozzi is a writer for Fox News Digital. You can follow him on Twitter @timothynerozzi and can email him at timothy.nerozzi@fox.com

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