Bowens

ORDER

This matter comes before the Court on defendant’s Motion to Dismiss for Lack of Jurisdiction [# 40-1], Having read and considered the papers submitted by the parties and being fully informed, the Court hereby DENIES defendant’s Motion to Dismiss.

I.BACKGROUND

On July 6, 1999, a federal complaint was filed against defendant Arthur Larry Bow-ens alleging a violation of 18 U.S.C. § 922 (g)(1) — Felon in Possession of Firearm or Ammunition. The complaint alleges the defendant possessed a firearm manufactured outside the state of California. A federal grand jury subsequently issued a one-count indictment charging defendant with a violation of § 922(g).

Defendant now moves to dismiss the indictment. He contends that the combination of three Supreme Court cases —United States v. Lopez, 514 U.S. 549 , 115 S.Ct. 1624 , 131 L.Ed.2d 626 (1995), United States v. Morrison, — U.S. -, 120 S.Ct. 1740 , 146 L.Ed.2d 658 (2000), and Jones v. United States, — U.S. —-, 120 S.Ct. 1904 , 146 L.Ed.2d 902 (2000) — renders the possession prong of § 922(g) unconstitutional. Defendant alleges this Lopez trilogy has silently overruled Ninth Circuit authority upholding the constitutionality of §…