Carey

MEMORANDUM *

Daniel Marcus Carey appeals the denial of his motion to dismiss one count of an indictment and conviction under 18 U.S.C. § 922 (g)(1), which prohibits felons from possessing firearms or ammunition. Carey’s predicate felony is a 1995 Missouri conviction for Second Degree Burglary. Carey argues that because Missouri law permits him to carry a firearm, his civil rights have been substantially restored under 18 U.S.C. § 921 (a)(20), and he does not fall within the terms of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court.

Section 921(a)(20) sets forth a two-step inquiry. First, we determine whether the defendant’s civil rights were substantially restored under the law of the jurisdiction of conviction. See Beecham v. United States, 511 U.S. 368, 371 , 114 S.Ct. 1669 , 128 L.Ed.2d 383 (1994); United States v. *823 Gomez, 911 F.2d 219, 220 (9th Cir.1990). If we conclude that the civil rights of the defendant were substantially restored, we then conduct a second inquiry into whether state law expressly prohibits the defendant from possessing firearms, notwithstanding the substantial restoration of his or her…