California Court of Appeal

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PEOPLE v. DURAN, B174703

A felon who submits a false application to purchase a firearm may not be prosecuted pursuant to the general attempt statute, but may only be prosecuted pursuant to the special statute, 12076, which expressly proscribes such false applications.

Appellate Information

  • Decided 12/01/2004
  • Published 12/01/2004


  • YEGAN, J.


  • California Court of Appeal


  • For Appellant:
  • Gregory Totten, District Attorney, County of Ventura, Michelle J. Contois, Senior Deputy District Attorney, for Appellant.

  • For Appellees:
  • Susan B. Lascher, under appointment by the Court of Appeal, Ventura, for Respondent.
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