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 comes as congressional Republicans pursue an impeachment inquiry into the Democratic president, in large part over Hunter Biden’s business dealings. Republicans have obtained testimony about how Hunter Biden used the “Biden brand” to drum up work overseas.
The three-count indictment says Hunter Biden lied on a form required for every gun purchase when he bought a Colt Cobra Special at a Wilmington, Delaware, gun shop in October 2018.
He's charged with two counts of making false statements by checking a box falsely saying he was not a user of or addicted to drugs and of illegally possessing the gun as a drug user and a third count for possessing the gun as a drug user.
Two counts are punishable by up to 10 years in prison while the third carries up to five years in prison, upon conviction.
A felony gun charge against Hunter Biden, 53, had previously been part of a plea deal that also included guilty pleas to misdemeanor tax charges, but the agreement imploded during a court hearing in July when a judge raised questions about its unusual provisions.
Defense attorneys have argued that a part of the deal sparing Hunter Biden prosecution on the gun count if he stays out of trouble remains in place. It includes immunity provisions against other potential charges. Attorneys indicated they would fight additional charges filed against him, but did not immediately respond to a request for comment Thursday.
Prosecutors, though, maintain the agreement never took effect and is now invalid. They telegraphed charges were coming earlier this month.
Republicans had denounced the plea agreement as a “sweetheart deal.” It would have allowed Hunter Biden to serve probation rather than jail time after pleading guilty to failing to pay taxes in both 2017 and 2018.
His personal income during those two years totaled roughly $4 million, including business and consulting fees from a company he formed with the CEO of a Chinese business conglomerate and the Ukrainian energy company Burisma, prosecutors have said.
Congressional Republicans have continued their own investigations into the Justice Department's handling of the case as well as nearly every aspect of Hunter Biden's business dealings, seeking to connect his financial affairs directly to his father.