Former federal prosecutor Andy McCarthy said Thursday that attorneys representing Hunter Biden were setting up an appeal on Second Amendment grounds for any potential conviction.

Biden’s trial on three felony counts regarding the purchase of a .38-caliber revolver began with jury selection Monday, with his ex-girlfriend Hallie Biden, the widow of his brother Beau Biden, testifying Thursday that Biden possessed a crack rock that was roughly the size of a ping-pong ball. McCarthy said that Biden’s attorneys were eyeing an appeal of any conviction.

“Obviously, Hunter hopes that even though the evidence seems daunting that he can convince a juror to perhaps resist conviction. I don’t know, an acquittal may be out of his reach, but really they are teeing up their appeal here. They have lost the Second Amendment claim in the district court with Judge Noreika. I think they are expecting that we are going to get another Supreme Court case this term, perhaps with more clarity about the viability of long-standing federal restrictions on people who are allowed to have firearms based on certain disabilities like narcotics addiction.”

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United States District Judge Maryellen Noreika of the District of Delaware ruled against dropping the gun charges May 9, setting the stage for the June trial, according to CNN.

“I think they hope that they can take that and convince the court of appeals that Judge Noreika was wrong in her interpretation of the Second Amendment,” McCarthy continued.

Biden was indicted in September on the felony gun charges of making false statements and for illegally possessing a firearm while addicted to a controlled substance. He pleaded not guilty during an October arraignment.

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