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People v. Vaughn

California Court of Appeals, First District, Fifth Division

October 3, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
JOHNNY WILLIAM VAUGHN, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION [*]]

Superior Court of Contra Costa County, No. 05-120702-6, Charles Burch, Judge.

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COUNSEL

Tamara Fisher, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Laurence K. Sullivan and René Chacón, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMONS, J.

Penal Code former section 12072, subdivision (d) (hereafter former section 12072(d))[1] provided, “Where neither party to [a firearms] transaction holds a dealer’s license issued pursuant to [former] Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to [former] Section 12082.”[2] Despite the statutory language, appellant, who is not a licensed dealer, argues the prosecution must prove that he knew that the person who purchased a firearm from him was also unlicensed. After weighing the Jennings factors (In re Jennings (2004) 34 Cal.4th 254, 268 [17 Cal.Rptr.3d 645, 95 P.3d 906] (Jennings)), we reject appellant’s contention and affirm his conviction for violating former section 12072(d).

BACKGROUND

In early 2011, Barry Martin began working as an informant for law enforcement, purchasing firearms from prohibited persons. At the time, Martin supported himself by selling items for other people on the Internet. In March, appellant informed Martin he had a rifle for sale. In April, after the two negotiated the price, appellant came ...


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