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Name: People v. Duran
Case #: B174703
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/01/2004
Subsequent History: 2/23/05: rev. den.

A felon who used false information on a firearm application cannot be charged with attempted possession of a firearm by a felon. Applying the principle that a special statute controls over a general statute, the Court of Appeal affirmed an order granting the defendant’s motion to dismiss a charge under Penal Code sections 664 and 12021. Section 12076, subdivision (b)(1) makes it illegal to submit false information in an attempt to purchase a firearm, the exact conduct of which the defendant here was accused. Thus there is no need for the courts to create a new offense of “attempted possession of a firearm by a felon,” and the motion to dismiss was properly granted.