Usdoj

MEMORANDUM

Michael Petramala appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action concerning his ability to lawfully possess firearms. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir.2004), and we affirm.

The district court properly dismissed Petramala’s Second Amendment claim because Petramala’s inclusion in the National Instant Criminal Background Check System, after being adjudicated as a “mental defective” under the Gun Control Act of 1968, imposed constitutionally permissible limits on his right to bear arms. See District of Columbia v. Heller, 554 U.S. 570, 626 , 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008) (recognizing validity of certain limits on the right to bear arms, including “longstanding prohibitions on the possession of firearms by felons and the mentally ill”).

The district court properly dismissed Petramala’s Fifth Amendment claim because judicially noticeable documents established that Petramala received both due process and legal representation during the Arizona state law criminal proceeding in which he was…