Hunter Biden Is Expected to Appeal Conviction on Gun Charges

Lawyers for Mr. Biden are considering a number of challenges to the guilty verdict, including one based on the Second Amendment.

Hunter Biden is expected to appeal his felony conviction for falsifying a federal firearms application, likely arguing that the judge in the case violated his constitutional rights in her instructions to the jury, according to people in his orbit and legal experts.

Mr. Biden’s lawyer Abbe Lowell has also signaled that any appeal would be based on the Supreme Court’s landmark decision in 2022 that vastly expanded gun rights, a ruling that spawned legal challenges to the part of the federal firearms form at the center of the Biden case. In Mr. Biden’s case, it included a question asking buyers about their drug use.

Any appeal would be an uphill climb, and the lawyers representing President Biden’s son cannot officially file one until he is sentenced at the courthouse in Wilmington, Del., within 120 days, or about a month after he is scheduled to go on trial on federal tax charges in Los Angeles.

There is still a possibility that David C. Weiss, the special counsel in the case, will seek a plea agreement before the tax trial begins, and would have leverage in negotiations now that Mr. Biden is already a convicted felon, according to former prosecutors. Mr. Biden might have greater incentive to reach a deal to avoid another public airing of his personal ordeal beyond what was presented in Wilmington last week.

On Tuesday, after deliberating for a little more than three hours, a jury convicted Mr. Biden of three felony counts related to lying on a federal firearms application and illegally possessing a weapon.

Mr. Lowell suggested that he might appeal, vowing to “vigorously pursue all the legal challenges available to Hunter.” President Biden said in a statement that he would “accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal.”