Hunter Biden
(Photo : Drew Angerer/Getty Images)
Hunter Biden, son of U.S. President Joe Biden, arrives at the White House on December 19, 2023. The president's son is facing three felony counts for allegedly lying about his drug use while purchasing a gun in 2018.

A federal appeals court has refused to throw out Hunter Biden's federal gun indictment.

That means the president's son faces a criminal trial next month in Delaware.

The president's son had asked the 3rd US Circuit Court of Appeals to dismiss the charges

He asked the court to overturn a ruling from the trial judge that the case should move forward, CNN reported.

Prosecutors claim Biden illegally purchased a weapon because he was under the influence of narcotics at the time.

His lawyers say the charges violate his Second Amendment rights and that "possessing an unloaded gun for 11 days was not a threat to public safety."

He previously entered a not guilty plea.

Hunter Biden's lawyer, Abbe Lowell, said he could ask the U.S. Supreme Court to consider the case.

"In reviewing the panel's decision, we believe the issues involved are too important and further review of our request is appropriate," Lowell told CNBC.