United States v. Lynn Schrag

MEMORANDUM

Lynn Schrag appeals the district court determination that he violated a condition of his probation because his wife’s loaded pistol was on top of the refrigerator in their home. Schrag claims that under the Second Amendment his right to have a firearm in his home for self defense may not be limited just because he is a convicted felon. We affirm the district court’s rejection of Schrag’s claims.

We review de novo the constitutionality of a statute and constitutional challenges to district court orders. United States v. Vongxay, 594 F.3d 1111, 1114 (9th Cir. 2010).

Schrag’s claims are based on, and founder on, the Supreme Court’s opinion in District of Columbia v. Heller, 554 U.S. 570 , 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008). In Heller , the Court held that a citizen has an individual right to possess firearms in his or her home, but further stated that “[l]ike most rights, the right secured by the Second Amendment is not unlimited,” and “nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons.” Id. at 626 , 128 S.Ct. 2783 ; see also McDonald v. City of Chicago, — U.S. -, 130 S.Ct. 3020, 3047 , 177…