Update (2:55 pm Eastern): A copy of the indictment pertaining to Hunter Biden has been added below. It includes three counts.

Counts I and II allege that Biden knowingly made a false written statement and certified same when he indicated he was not an unlawful user of and addicted to any stimulant, narcotic drug, or controlled substance in the process of obtaining the gun in question (a Colt Cobra 38SPL revolver), in violation of Sections 922(a)(6) and 924(a)(2) (Count I) and 924(a)(1)(A) (Count II) of Title 18 of the U.S. Code. 

Count III alleges Biden knowingly possessed the gun, knowing that he was an unlawful user of and addicted to a stimulant, narcotic drug, or controlled substance, in violation of Sections 922(g)(3) and 924(a)(2) of Title 18 of the U.S. Code. 

Original Story:

Special Prosecutor David Weiss had indicated he intended to bring federal weapons charges against Hunter Biden, son of President Joe Biden, by the end of the month in a pleading filed with the United States District Court in Delaware on September 6. 

Following years of investigation and a scuttled plea deal that would have granted Hunter Biden broad immunity, the Department of Justice (DOJ) has now followed through and formally indicted him on federal firearms charges.

Biden is accused of lying about his drug use when he bought a firearm in October 2018, a period when he has acknowledged struggling with addiction to crack cocaine, according to the indictment filed in federal court in Delaware.

President Joe Biden’s son has also been under investigation for his business dealings. The special counsel overseeing the case has indicated that charges of failure to pay taxes on time could be filed in Washington or in California, where he lives.

The indictment remains sealed at the moment, but based on the Status Report filed by the DOJ last Wednesday, the statutes under which they are charging Biden are Title 18, United States Code Sections 922(g)(3)and 924(a)(2) (2018), the pertinent portions of which are set forth below.

Section 922: 

(g)It shall be unlawful for any person—

(1)

who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2)

who is a fugitive from justice;

(3)

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

Section 924(a)

(2)

Whoever knowingly violates subsection (a)(6), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.

(The reference back to Section 922(a)(6) is as to making false statements in the attempt to acquire a firearm.)

This is a breaking news story, and RedState will continue to provide updates as they become available, including sharing a copy of the indictment once it is unsealed.  

Hunter Biden Indictment by Susie Moore on Scribd