Hunter Biden, the son of U.S. President Joe Biden, has requested that a federal judge dismiss criminal gun charges against him, claiming that the charges are unconstitutional and that government lawyers had previously agreed not to prosecute him. In court filings on Monday, Hunter Biden's legal team argued that the law used to charge him is likely unconstitutional based on the reasoning of the U.S. Supreme Court in the case of New York State Rifle and Pistol Association v. Bruen, which stated that gun restrictions must align with the historical tradition of firearm regulation in the United States.

Hunter Biden, 53, was indicted in September for allegedly lying about his drug use when purchasing a firearm, making him the first child of a sitting president to face a felony charge. The spokesperson for the U.S. special counsel who brought the charges did not immediately comment on the request for dismissal.

According to Hunter Biden's legal team, the framers of the U.S. Constitution were aware of the problems caused by intoxication but there is no historical evidence of preventing substance abusers from acquiring firearms. They argue that the gun charges should be dismissed on the grounds that the U.S. Department of Justice attorneys had previously signed a deal in June not to prosecute if Hunter Biden complied with a diversion program. The court filings claim that the "sweeping immunity" of the diversion agreement should prevent the government from pursuing the tax charges as well.

The diversion agreement allowed Hunter Biden to avoid a gun charge by complying with various conditions for two years, including not possessing a firearm, being supervised by a U.S. probation officer, abstaining from alcohol and illegal drugs, and submitting to drug testing. However, the agreement unraveled after U.S. District Court Judge Maryellen Noreika questioned its validity in July. Following the collapse of the diversion agreement, Hunter Biden was charged with three criminal counts related to lying about his drug use when purchasing a handgun in 2018.

Hunter Biden's legal team also argued that Special Counsel David Weiss, who brought the gun charges against him, was unlawfully appointed and therefore lacks the authority to prosecute. The gun charges carry a maximum penalty of 10 years in prison and a fine of $250,000, along with three years of supervised release.

In addition to the gun charges, Hunter Biden is also facing criminal tax charges filed against him last week in federal court in California. He is accused of failing to pay $1.4 million in taxes while living a lavish lifestyle. Hunter Biden's lawyer claims that he has since repaid the taxes in full.

Republicans have made investigations into Hunter Biden a focal point of their impeachment inquiry into President Joe Biden. They view his legal troubles as an opportunity to cast doubt on the integrity of the president and his administration.

Hunter Biden's legal team has filed four separate motions requesting the dismissal of the weapons charges. They argue that the indictment violated a previous agreement between Hunter Biden and the government, the firearms statute is unconstitutional, and Weiss was unlawfully appointed as special counsel. They also claim that the case is a "selective and vindictive prosecution" and a breach of the separation of powers.

The motions to dismiss were filed in Delaware federal court by attorneys Abbe Lowell and Bartholomew Dalton. The filings, totaling 111 pages, were preceded by Lowell's arguments on MSNBC, where he claimed that the charges against Hunter Biden were a result of political pressure from Republicans, rather than a change in facts or law.

Hunter Biden's lawyers have also requested an evidentiary hearing to further examine Weiss' alleged mishandling of the case, including subpoenas to Trump administration officials. The first son has pleaded not guilty to the gun charges and is prepared to go to trial early next year.