* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable Jeremy D. Fogel, United States District Judge for the Northern District of California, sitting by designation. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. RODNEY PARKER, Defendant - Appellant. No. 08-50536 D.C. No. 3:08-cr-00854-LAB-1
MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Argued and Submitted February 10, 2010 Pasadena, California Before: THOMAS and SILVERMAN, Circuit Judges, and FOGEL, *** District Judge. 

# FILED
MAR 17 2010 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 Rodney Parker appeals the district court’s denial of his motion to dismiss and motions to suppress. We review de novo a denial of a motion to dismiss an indictment on constitutional grounds. United States v. Gallenardo , 579 F.3d 1076, 1081 (9th Cir. 2009). We also review de novo a district court’s denial of a motion to suppress. United States v. Lemus , 582 F.3d 958, 961 (2009). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. Parker first claims that 18 U.S.C. § 922(g)(1) is unconstitutional because, he says, it infringes the Second Amendment right to bear arms and violates the equal protection guarantee of the Fifth Amendm ent. These arguments were recently rejected in United States v. Vongxay , No. 09-10072, 2010 WL 431768 (9th Cir. Feb. 9, 2010). We also reject Parker’s argument that 18 U.S.C. § 922(g)(1) violates the Tenth Amendment. We previously have he ld that Congress’s regulation of firearm possession by felons is allowed under the commerce clause, and therefore, does not violate the Tenth Amendment . United States v. Collins , 61 F.3d 1379, 1383–84 (9th Cir. 1995). The Supreme Court’s decision in District of Columbia v. Heller , 128 S. Ct. 2783 (2008) does not undermine that analysis. Parker’s arguments that the district court erred in denying his motions to suppress also fail. The traffic stop of his vehicle was based on both suspicion of3 illegal window tint and suspicion that Parker was a felon in possession of ammunition. The deputy sheriff who stopped Parker had reason to suspect that Parker was a felon; and the deputy saw him leave a gun show with what the deputy reasonably suspected to be a box of ammunition. This information provided a reasonable basis for an investigative stop. Terry v. Ohio , 392 U.S. 1, 21 (1968). The reasonableness of these suspicions, a nd the resulting right to investigate, are not affected by the fact that the window tint was ultimately found to be legal. See United States v. Morales , 252 F.3d 1070, 1073–74 (9th Cir. 2001). Next, in light of the circumstances, the ten-minute dela y between the sheriff’s deputy’s traffic stop and the arrival of the federal agents was not unreasonable. It did not render the detention unlawful. See United States v. Mayo , 394 F.3d 1271, 1276 (9th Cir. 2005). Likewise, the search of Parker’s vehicle after his arrest was not unreasonable. The officers had reason to believe that additional evidence of Parker’s crime-of-arrest might be found in the vehicle. Arizona v. Gant , 129 S. Ct. 1710, 1719 (2009). They had already disc overed .32 caliber ammunition; it was reasonable to search for a .32 caliber fi rearm for which the ammunition might have been purchased.4 Finally, the surreptitious recording of Parker’s statements to his girlfriend did not violate the Federal Wiretap Act, 18 U.S.C. § 2511(1)(a). Parker had no objectively reasonable expectation of pr ivacy while in police custody in the backseat of a government car. See United States v. Monghur , 588 F.3d 975, 979 (9th Cir. 2009). AFFIRMED.