Troublesome Court Ruling Against Gun Owners Should Not Be Legal Precedent

Says CRPAF & FFLGuard.

Bushmaster Lower Receiver Parts Kit for AR15
Bushmaster Lower Receiver Parts Kit for AR15

San Diego, CA –-( 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.

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

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  • 4 thoughts on “Troublesome Court Ruling Against Gun Owners Should Not Be Legal Precedent

    1. 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

    2. 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.

    3. 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!!

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