Hunter Biden loses last-minute appeal to dismiss gun charges

A federal appeals court denied a request by Hunter Biden's legal team to throw out gun charges he is facing in federal court next month.

Biden had appealed a pretrial order to dismiss the charges on Second Amendment grounds, but the United States Court of Appeals for the Third Circuit dismissed the appeal.

"The defendant’s Second Amendment defense does not implicate a right not to be tried that can be collaterally appealed," the court stated. 

The court stated that the hypothetical Second Amendment defenses "can be effectively reviewed on appeal after final judgment."

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Hunter Biden 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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President Biden and his son Hunter Biden talk with guests during the White House Easter Egg Roll on the South Lawn in Washington, D.C. (Chip Somodevilla/Getty Images)

Hunter Biden pleaded not guilty to the federal gun charges in the U.S. District Court for Delaware.

The court in Hunter Biden's case met for its final hearing before jury selection begins on June 3. 

READ THE APPEALS COURT DENIAL – APP USERS, CLICK HERE:

Fox News has previously reported that prosecutors planned to use portions of his book and laptop, including photos, to convince a jury that the first son is guilty of making false statements on a federal form when he purchased a revolver in 2018, while actively using narcotics.

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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.