Hunter Biden to appear in court for arraignment after indictment on felony gun charges

The son of President Joe Biden is set to be arraigned Tuesday on three felony gun charges, after a deal that included a diversion in connection with a firearms charge and a guilty plea to two misdemeanor tax charges collapsed in court over the summer.

While Hunter Biden may have been prepared to enter a diversion program for the gun possession allegation, his defense attorneys are indicating they plan to argue that one of the statutes he is charged with violating — a ban on gun possession for drug users — is unconstitutional.

The argument hinges on a new framework laid out by the Supreme Court last year in a closely watched decision that expanded gun rights. In its ruling, the court's conservative majority said gun restrictions must be consistent with the "nation's historical tradition of firearm regulation."