Hunter Biden, son of US President Joe Biden, joined by his wife Melissa Cohen Biden, arrives to the J. Caleb Boggs Federal Building on June 3, 2024 in Wilmington, Delaware. Joe Biden's son Hunter goes on trial June 3, 2024 on gun charges, the first prosecution in US history for the child of a sitting president. The 54-year-old denies three felony counts stemming from his purchase of a .38-caliber Colt Cobra revolver in 2018 when, by his own admission, he was heavily addicted to drugs© Getty

President Joe Biden's son Hunter Biden's gun charges trial explained

All about the first criminal trial of the child of a sitting U.S. President, Biden's response, as well as his son's past and family life

Beatriz Colon - New York
New York WriterNew York
June 3, 2024

Less than a week after Donald Trump became the first ever former U.S. president to be deemed a convicted felon after his historic criminal trial, his opponent President Joe Biden's son, Hunter Biden, is facing his own historic trial.

On June 3, the first criminal trial of the child of a sitting U.S. President began, over the three felony firearm offenses he's facing from a gun purchase he made in 2018, during which he has said he was struggling with his drug addiction.

Below, catch up on all you need to know about the trial, the prison time the first son, 54, is potentially facing if convicted, and what his father has said about it.

Why is Hunter on trial?

Last year, a federal grand jury charged Hunter, whose full name is Robert Hunter Biden, with three felony firearm offenses. They were brought forward after an investigation led by Department of Justice Special Counsel David Weiss, the U.S. Attorney for Delaware, who was appointed by Trump.

Per the indictment, Hunter purchased a Colt Cobra 38SPL revolver from a federally licensed firearms dealer on October 12, 2018, and allegedly lied when he filled out the Firearm Transaction Record that was legally required to purchase the gun.

A press release from the U.S. Department of Justice details that count one alleges he "knowingly made a false written statement on the Form 4473" with the intention of deceiving the dealer he purchased the firearm from, specifically when he "certified that he was not an unlawful user of, or addicted to, any stimulant, narcotic drug, or any other controlled substance."

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First Lady Jill Biden arrived with Hunter's son-in-law Peter Neal for the start of the trial in Wilmington, Delaware on June 3

Count two alleges that he "knowingly made a false statement and representation to a federally licensed firearms dealer," and count three alleges he "possessed a firearm while knowing he was an unlawful user of or addicted to any stimulant, narcotic drug, or any other controlled substance," a violation of federal law.

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Though Hunter, who went to Georgetown University for his undergraduate studies and graduated from Yale Law School in 1996, has pleaded not guilty, he has opened up about his struggles with addiction. At the time of the purchase, he had recently completed an 11-day stay in rehab, and therefore claims that when asked on the form whether he was an active drug user, he answered truthfully when he said he was not.

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The president and his son during Easter celebrations earlier this year

What are the potential penalties?

Hunter faces a maximum punishment of 25 years in prison if convicted on all three counts, however, as he is a first-time offender, it would be rare for that to happen.

Lying on a Firearms Transaction Record is a felony, and that charge comes with a sentence of up to 10 years, while purchasing a revolver while using illicit substances has a maximum prison sentence of up to five years.

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Like with Trump's conviction, it is up to the judge, in this case U.S. District Judge Maryellen Noreika, to decide on what the sentence would be should Hunter be convicted by the jury of 12 Delaware residents.

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Biden with Dr. Jill, daughter Ashley Biden, and Hunter during his inauguration

What has President Biden said about his son?

Biden has stood by his son's side throughout his many years of addiction struggles. He arrived in Delaware — where he grew up and his family's home base aside from D.C. — ahead of the trial's Monday start, and per CNN, said in a statement: "I am the President, but I am also a Dad. Jill and I love our son, and we are so proud of the man he is today."

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He continued: "Hunter's resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us. A lot of families have loved ones who have overcome addiction and know what we mean," noting: "As the President, I don't and won't comment on pending federal cases, but as a Dad, I have boundless love for my son, confidence in him, and respect for his strength. Our family has been through a lot together, and Jill and I are going to continue to be there for Hunter and our family with our love and support."

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Hunter with his daughter Natalie and his youngest son Beau Jr. during the National Christmas Tree lighting in 2022

Who are Hunter's kids?

Hunter has five children, Naomi, 30, Finnegan, 23, Maisy, 23, Navy, five, and Beau Jr., four. He shares his first three children with his ex-wife Kathleen Buhle, to whom he was married from 1993 until 2017.

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In 2018, it was revealed that Hunter had welcomed a child with an Arkansas woman named Lunden Roberts, though the baby's identity as Navy Joan Roberts wasn't revealed until July 2023.

In 2019, following his split from his late brother Beau Biden's widow Hallie Olivere, Hunter secretly married Melissa Cohen, a South African activist, and the two welcomed their first son together, Beau, in March of 2020.

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