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U.S. Hatfield

United States Court of Appeals, Ninth Circuit
Apr 16, 2010
376 F. App'x 706 (9th Cir. 2010)

Summary

holding that "modern sawed-off shotguns are not typically possessed for lawful purposes" and, therefore, are not entitled to Second Amendment protection

Summary of this case from Maloney v. Singas

Opinion

No. 09-50194.

Submitted April 5, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed April 16, 2010.

Joseph Orabona, Assistant U.S. Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Lynn Howard Ball, Law Office of Lynn H. Ball, San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, Marilyn L. Huff, District Judge, Presiding. D.C. No. 3:08-cr-02933-MLH.

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Marcos Ortiz Hatfield appeals from the district court's order denying his motion to dismiss the indictment. Following the district court's denial of his motion to dismiss the indictment, Hatfield pled guilty to one count of felony possession of an unregistered firearm, in violation of 26 U.S.C. §§ 5861(d) and 5871. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Hatfield contends that his possession of a sawed-off shotgun was protected under the Second Amendment because he had a lawful purpose in possessing the shotgun. He also contends that the Second Amendment protects possession of a sawed-off shotgun because a sawed-off shotgun resembles a blunderbuss, a short-barreled, muzzle-loading firearm used around the time of the Second Amendment's ratification. These contentions fail because modern sawed-off shotguns are not typically possessed for lawful purposes and constitute "dangerous and unusual weapons," District of Columbia v. Heller, ___ U.S. ___ , ___, 128 S.Ct. 2783, 2817, 171 L.Ed.2d 637 (2008), beyond the scope of the Second Amendment's protection. See Heller, 128 S.Ct. at 2815-16 (stating that Second Amendment's protection does not extend to "weapons not typically possessed by law-abiding citizens for lawful purposes"); see also United States v. Serna, 435 F.3d 1046, 1048 (9th Cir. 2006) (stating that sawed-off shotguns "have few, if any, legitimate uses"); United States v. Hayes, 7 F.3d 144, 145 (9th Cir. 1993) (stating that "sawed-off shotguns are inherently dangerous, lack usefulness except for violent and criminal purposes and their possession involves the substantial risk of improper physical force").

AFFIRMED.


Summaries of

U.S. Hatfield

United States Court of Appeals, Ninth Circuit
Apr 16, 2010
376 F. App'x 706 (9th Cir. 2010)

holding that "modern sawed-off shotguns are not typically possessed for lawful purposes" and, therefore, are not entitled to Second Amendment protection

Summary of this case from Maloney v. Singas

finding a sawed-off shotgun to be a "dangerous and unusual weapon" unprotected by the Second Amendment

Summary of this case from Avitabile v. Beach
Case details for

U.S. Hatfield

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Marcos Ortiz HATFIELD…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 16, 2010

Citations

376 F. App'x 706 (9th Cir. 2010)

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