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CalGunLaws.com

CalGunLaws.com

San Diego, CA --(Ammoland.com)- The People v. Nguyen decision specifically holds that a person who possesses the parts that could be put together to make an illegal “assault weapon,” and who intents to assemble the parts to make the unregistered “assault weapon,” can be convicted of attempted illegal “assault weapon” manufacturing and attempted illegal “assault weapon” possession.

That someone can be convicted of attempting to commit a crime if there is evidence of their intention to commit it (usually established through a confession although circumstantial evidence may be used as well) is not a remarkable proposition in criminal law. Much more problematic however, is language in the Nguyen decision which implies that possession of the unassembled parts of an “assault weapon” alone could form the basis for “assault weapon” possessing offenses. The troublesome language appears in the decision as the result of a botched legal strategy employed in the case.

California and federal law specifically states that possession of the parts for “machineguns” and “short-barrelled” rifles or “short-barrelled” shotguns, even though not assembled, constitutes violations of state and federal law and are illegal to possess, even if there is no intention to assemble the parts. If that law was extended to “assault weapons” the Nguyen ruling could have far reaching and terrible implications for California firearm owners and dealers if it remains a published opinion and stands as legal precedent.

For years, the DOJ has taken the position that possession of the parts of a Category 3 “assault weapon(i.e. a firearm that meets the definition of an “assault weapon” because of its characteristic, not by make and model designation) is not a violation of California law. In fact, DOJ recommends the practice of taking off the prohibited features of a registered Category 3 “assault weapon” when a licensed firearm dealer acquires such a firearm for the purpose of selling it to the public. http://oag.ca.gov/firearms/regagunfaqs#8.

Nonetheless, prosecutors citing the Nguyen decision could argue that the Nguyen ruling should be interpreted to preclude the simple possession of unassembled “assault weapon” parts. This could jeopardize thousands of gun owners who innocently possess of the parts, which can be used for a variety of completely legal purposes, and have no intention to assemble an illegal “assault weapon.

In an effort to prevent the Nguyen decision from becoming dangerous legal precedent in California, the attorneys for the CRPA Foundation and FFLGuard at Michel & Associates, P.C., have filed a request for depublication of the decision with the California Supreme Court.

If the request is granted, the depublished decision could not be cited as legal precedent.

Read more about this important topic at Calgunlaws.com.

Support the NRA/ CRPAF Legal Action Project
The NRA and CRPA joined forces in 1993 to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA “Local Ordinance Project” (LOP) – a statewide campaign to fight ill-conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the Second Amendment. In the post Heller and McDonald legal environment, NRA and CRPA Foundation work together to pro-actively strike down ill-conceived gun control laws and ordinances and to advance the rights of firearms owners specifically in California. Sometimes, success is more likely when litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of recent accomplishments, or to contribute to the NRA or to the CRPAF and support Second Amendment litigation, visit www.nraila.com and www.crpafoundation.org. All donations will directly support litigation efforts to advance the rights of California gun owners.

Please help us inform and recruit grassroots activists to our network by forwarding this e-bulletin to your friends and reposting it wherever possible. Please attribute to calgunlaws.com.

CalGunLaws.com, CalGunLaws’ e-Bulletins, the Self-Defense Defense, Right to Keep and Bear Arms, MichelLawyers, and Shooting Range Lawyers informational Facebook pages and the @MichelLawyers Twitter feed are produced as a pro bono public service by Michel & Associates, P.C., a full service law firm. We appreciate all your legal business inquires and client referrals. These help support the many pro bono public services we provide on behalf of your right to keep and bear arms.

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About:
CalGunLaws.com is an online research resource designed primarily for use by attorneys and interested firearm owners. CalGunLaws.com strives to provide easy access to and facilitate understanding of the multitude of complex federal, state, and local firearm laws and ordinances, administrative and executive regulations, case law, and past and current litigation that defines the California firearms regulatory scheme in theory and practice. CalGunLaws.com is designed and organized to make it easy to research the law and to locate source materials and related information. All of the articles are cross referenced. Note the two sections on the right: Related Items and Related Law. Related Items will take you to any article related to the one you are currently viewing. Related law takes you to the related law and statutes for the item you are looking at.

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  • 4 User comments to “Troublesome Court Ruling Against Gun Owners Should Not Be Legal Precedent”

    1. jerrys kidds on March 12, 2013 at 7:52 AM said:

      My God I live here in San Diego Are there anyone like myself here that loves guns, hunting and self defense???? I got to get the H#ll out of here!!

    2. Thomson center arms v.U.S. capability does not prove intent federal court ruled in favor of TC ……

    3. Sparafucile on March 12, 2013 at 1:37 PM said:

      This ruling may be even more insidious than it appears.

      Suppose you possess two rifles — each independently CA-legal. But if you took the (innocuous) parts from one and attached them to the other — like the pistol grip, flash suppressor, bayonet mount, and collapsible stock from one, and attached them to the other with the detachable magazine, then you COULD make what CA law describes as an “assault weapon”.

      Now, you could be convicted of various crimes for possessing all the parts for an “assault weapon” — even if they’re currently assembled into three separate and legal rifles.

    4. soon all gun laws will not matter…you will be deemed a criminal if you do not comply with any law…so anyone holding to the Constitution and Gods law will be a criminal…so be it…many have died for this country and its promise of freedom….that promise has now been broken what with the many anti gun laws being brought forth by freedom haters….those that have died will now have to be avenged for their sacrifice will not have been in vain…Semper Fi

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