Unpublished Disposition, 894 F.2d 1344 (9th Cir. 2001)

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. § 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. § 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.