894 F. 2d 1344 - United States v. L Schott
894 F2d 1344 United States v. L Schott
894 F.2d 1344
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel L. SCHOTT, Defendant-Appellant.
No. 88-3298.
United States Court of Appeals, Ninth Circuit.
Submitted July 25, 1989.*
Decided Jan. 26, 1990.
Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.
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MEMORANDUM**
The district court's order denying Schott's motion to dismiss the superseding indictment is affirmed. North Dakota law expressly provides that Schott may not possess a firearm. N.D.Cent.Code Sec. 62.1-02-01. Schott's conviction therefore does not fall within the exception delineated by 18 U.S.C. Sec. 921(a)(20) (Supp. V 1987): His "restoration of civil rights expressly provides that [he] may not ... possess ... firearms." As a result, he is a convicted felon for purposes of 18 U.S.C. Sec. 922(g)(1) (Supp. V 1987).
Whether North Dakota residents had a right to bear arms before the 1984 amendment to the state constitution, and whether the Secretary of the Treasury's definition of "Crime punishable by imprisonment for a term exceeding 1 year," see 27 C.F.R. Sec. 178.11 (1988), exceeds the Secretary's authority, are issues irrelevant to this determination. Because the right to possess firearms is not among the civil rights currently enjoyed by Schott under state law, his motion to dismiss the superseding indictment was properly denied.
AFFIRMED.