Barry Alan LAYTON, Petitioner-Appellant, v. Steven K. BORDIN, Chief Probation Officer, Butte County, Respondent-Appellee, 680 F. App'x 639

MEMORANDUM Barry Alan Layton appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253. We review a district court’s denial of a habeas corpus petition de novo, see Casey v. Moore, 386 F.3d 896, 904 (9th Cir. 2004), and we affirm. Layton contends that his .state conviction for carrying a concealed weapon under California Penal Code § 12025(a)(2) (2011) violates the Second Amendment. The state court’s rejection of this claim was not contrary to, or based upon an unreasonable application of, clearly established Supreme Court law.

See U.S.C. § 2254(d)(1); see also Peruta v. Cnty. of San Diego, 824 F.3d 919, 939 (9th Cir. 2016) (en banc) (“[T]he Second Amendment right to keep and bear arms does not include, in any degree, the right of a member of the general public to carry concealed firearms in public.”). We treat Layton’s additional argument as a motion to expand the certificate of appealability. So treated, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.