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JAMES v. STATE OF CALIFORNIA

No. F065003.

219 Cal.App.4th 1265 (2013)

162 Cal. Rptr. 3d 580

SCOTT R. JAMES, Plaintiff and Respondent, v. THE STATE OF CALIFORNIA et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

September 24, 2013.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Douglas J. Woods , Assistant Attorney General, Peter A. Krause , Kimberly J. Granger and Benjamin M. Glickman , Deputy Attorneys General, for Defendants and Appellants.

Dooley, Herr, Pedersen & Berglund Bailey, Leonard C. Herr and Ron Statler for Plaintiff and Respondent.

OPINION

DETJEN, J. —

Title 18 United States Code section 922(g)(9)1 prohibits the possession of firearms by those convicted of "a misdemeanor crime of domestic violence." Section 921(a)(33)(A)(ii) defines "`misdemeanor crime of domestic violence,'" in pertinent part, as an offense that "has, as an element, the use or attempted use of physical force,...

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