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Of course there is!No mention of the possibility of Gun Duel if the ATTACKER'S DRMs>DEFENDER'S.
It is implied*, if the conditions of the ATTACKER firing first are not met.
You are mixing up "ATTACKER fires first" with "Gun Duel".
As said, even if he fires second, the ATTACKER can win the Duel: he starts with a handicap, but he can make it.
* Such implications exist for many points of the rule: if you don't hit a target, then you have missed it, for an example.