A federal appeals court upheld a ban on convicted felons possessing firearms on Monday, saying it's consistent with the Second Amendment of the U.S. Constitution.

"We are very glad they upheld the ban," said Lauren Horwood, spokeswoman for the U.S. Attorney's office in Sacramento.

Thrice convicted felon Peter Vongxay, 27, had appealed a prison sentence for possession a loaded semiautomatic handgun, Horwood said. Vongxay, whose felony convictions include car burglary and drug possession, argued that the federal statute prohibiting felons from possessing firearms was unconstitutional.

The second amendment establishes the right to keep and bear arms.

In its decision a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in San Francisco concluded that the right to bear arms doesn't extend to convicted felons.

"Prosecuting convicted felons who choose to possess and use firearms in our district is critical to our ability to ensure the safety of the community," said U.S. Attorney Benjamin Wagner, whose district includes the north state. "While the Supreme Court has recognized a limited right under the Second Amendment for law-abiding citizens to possess guns for lawful purposes in defending themselves at home, in no way does that right extend to protect convicted felons who possess or carry guns."

Vongxay was arrested on Jan. 31, 2008, after Fresno police officers searched him outside a Fresno nightclub and found a .38-caliber pistol tucked into his waistband. A judge in the Eastern District of California, Fresno Division, sentenced him to five years in prison after he was convicted in trial, Horwood said.

Vongxay is being held at Leavenworth Federal Prison in Kansas, Horwood said.