Gun Lawyer

Episode 189-Nappen Interviews Head Sniper of the IDF Also Available OnPodcast TranscriptGun Lawyer Episode 189 SUMMARY KEYWORDS gun, israel, accidental discharges, idf, galil, handgun, targets, shooting, gaza, new jersey, check, mikey, m4, sniper, called, israeli, magazine, israeli army, people, august 9th SPEAKERS LTC (Ret.) Michael Hartman, Speaker 3, Evan Nappen EvanNappen 00:00 Hi I'm Evan Nappen, and welcome to Gun Lawyer. I am really excited because I have a fantastic guest today on the show. Today's guest was the head sniper of the IDF (Israel Defense Forces) who rewrote their whole shooting doctrine which trained over a half a million soldiers, including Americans. And that man is Mikey Hartman. Mikey, welcome to Gun Lawyer. LTC (Ret.) Michael Hartman 00:54 I'm honored to be here, buddy. Thank you for having me. EvanNappen 00:57 Well, I am really excited, and I have so much respect for you. You have had and still are involved in an amazing career. I just want to mention to my audience that I'm also looking at a really cool cover of Soldier of Fortune (June 2013) in which you were on the cover of that magazine? How did that happen? LTC (Ret.) Michael Hartman 01:29 That was a few years ago. Firstly, to be clear, I'm retired now. So, I'm not the head Sniper of anybody anymore. I was the previous head Sniper of Israel, and I wrote the Israeli doctrine on how to shoot a gun. But I've been retired almost 15 years. So, I'm an old man. The cover of Soldier of Fortune. Do you know the editor of that magazine? EvanNappen 01:45 Yes, wasn't that Robert K. Brown. Right? LTC (Ret.) Michael Hartman 01:49 He is an ex-sniper from Vietnam. He came to my booth at Shot Show many years ago, and we had this like, I guess, connection and stuff. Then they interviewed me, and they did like a six-page article about me. And they were very cool. They put me on the cover. And it was kind of cool. So, it was a sniper to sniper kind of thing. He's a great guy. But to be honest with you, they stopped printing those magazines and they went full internet, probably about four or five magazines after me. Page – 1 – of 18 EvanNappen 02:24 That's funny. LTC (Ret.) Michael Hartman 02:24 Maybe I was the cause. EvanNappen 02:26 No, I don't think so. But, you know, I have original SOF magazines when they had the red border, Torino and all that, way back. LTC (Ret.) Michael Hartman 02:35 I was the first. I was the first Israeli. I think the only Israeli Jew to ever be put on the cover. So, for me, it was like, it was pretty cool. You know? And we went one. EvanNappen 02:45 You broke a new barrier. LTC (Ret.) Michael Hartman 02:46 It was kind of cool. Right when it came out, I was doing something, and I went in to Mexico. I don't know if it was Mexico, or Brazil. I can't remember. I had a whole bunch of those magazines, and all the police guys that would do autographs. I was signing, and it was like really, really cool. So, it was my one day of stardom. EvanNappen 03:06 So, you originally though were from Memphis, Tennessee? LTC (Ret.) Michael Hartman 03:10 Yeah, I was born in Memphis. I lived there a very few years, about seven. Then we moved to Israel, and then we came back to LA. I grew up in LA and went to high school out in LA. I was the president of my high school. Then I had this reoccurring dream in high school that I was a sniper in the Warsaw Ghetto during the Holocaust. And how many Nazis can I kill before they get me? It was like, you know, I had this dream to become a ַצ ָלף , which means sniper in Hebrew. After I finished high school, a lot of us from LA and all over America would go to Israel for a year, like a sabbatical, getting away from the parents before you go into college. Some guys went to a kibbutz. Some guys went to a yeshiva, and some guys went to university. I wanted to be a lawyer. That was my thing. I was going to sell ice to Eskimos, that was my. Since I was a little kid, they put the word lawyer on my forehead, and my mom made me sign a contract. LTC (Ret.) Michael Hartman 03:51 Somehow I can relate to that. LTC (Ret.) Michael Hartman 04:05 You definitely can, but you're in a different level. So, in any case, she made me sign a contract that she'll send me to Israel, to Bar-Ilan (BIU), a university on this one year program. But I had to write and Page – 2 – of 18 guarantee that I'm coming back to study in college here, and I won't join the army because I always had that little, you know, thing in my stomach that I wanted to join the Israeli army, you know, to protect the people of Israel, and everyone's against us. Now even more so than back then. So, I went to Israel, and I was studying there in university. I saw soldiers walking around with a Galil on their backs, you know, the soldiers. And I said, I gotta do this, man. I gotta do this. So, I had to call my mom and tell her that I'm breaking the contract. I said, Mom, you know, I'm joining the army. She says, No, you're not. And I said, Yes, I am. She says, N

Episode 188-Trump Can’t Own Guns Now Also Available OnPodcast TranscriptGun Lawyer Episode 188 SUMMARY KEYWORDS nra, president trump, gun, law, new jersey, convicted felon, new york, prohibited, list, political, overturned, firearm, president, guns, abiding citizens, convicted, conviction, absurd, great, disclose SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, the big, big news, of course, is that President Trump became a convicted felon in the State of New York. That’s right. This was a state court, and it shows. I’m sure if you followed the trial, you would see just how unbelievably political and unfair it was. There’s no doubt in my mind at all that it’s going to be overturned on appeal. There are so many issues, so many Constitutional violations. Basically, the judge set out to get him convicted at any cost, and he obviously doesn’t care if he’s going to get overturned on appeal. His mission was to torpedo Trump. And when it’s reversed on appeal, well, that’s good, but that’ll be after the election. So, there’s the game. It was so patently obvious. Evan Nappen 01:23 Apart from the disgust of seeing this devastating blow to our justice system and officially making us a banana republic, of course, by doing this to your political enemies, the interesting thing for us, because what do we care about? We care about guns. Is to now say and realize that President Trump is prohibited from having a gun. That’s right. As a convicted felon, he has lost his gun rights everywhere in the United States. Because if you’re convicted of felonies, which should be any crime in which the penalty exceeds one year, which is defined under Federal law as being over two years. The offenses that they convicted Trump of do arguably carry a potential of over two years in jail. He joins the ranks of prohibited people when it comes to guns. Evan Nappen 02:37 So, now think about just how absurd and stupid this situation is. He was formerly the President, and he’s the Republican candidate for President. He’s leading in the polls, and as a matter of fact, all this law fair is so obviously political, it’s actually helping his campaign. It’s backfiring on the Democrats because it’s so clear what’s going on, and it’s disgusting to any reasonable person. But he’s on a path to being reelected as President. If he is reelected, and I suspect he will be, and this conviction does not get overturned before he becomes President, which is unlikely because the appeals process takes a long time. Now, there may be some ability for that to happen. I don’t know. But most likely, it won’t. That means that the most powerful person in the world, the President of the United States, who literally has his fingers on the nuclear arsenal of America is not legal to possess a .22 rifle. Think about that. That’s right. The President of the United States, who has the Armed Forces of America at his disposal, can’t have a handgun. Can’t have a rifle. Can’t have a shotgun. Nope. Because he’s a prohibited person. Page – 1 – of 6 Evan Nappen 04:30 Now you can be President and still be a convicted felon. As a matter of fact, he could be in jail and be President. You’re not prohibited from being President and all the perks that come with being President. But he cannot pardon himself for this New York matter because it’s a State political conviction. It’s a State persecution of President Trump. The only pardon that could work would be a pardon from the Governor. Of course, the anti-gun, left wing, horrible Governor of New York isn’t going to pardon Trump. So, this conviction, until some greater authority overturns it, makes him a prohibited person under Federal law, and frankly, in every state in the United States, for a non-violent felony. It doesn’t matter, when it comes to gun laws, how unfair, ridiculous, political, and absurd the conviction is. It’s still a conviction and that makes him a prohibited person. Evan Nappen 06:01 But it does illustrate just how absurd our felon in possession laws is. They don’t distinguish between violent and non-violent offenses. They don’t even do that. At one time, way back early on, they did, and it was only violent felons that were prohibited. And that wasn’t that far back. But it was far enough back. Then, like everything else, the encroachment on rights began. It then went federally to just about any convicted felon. If your jail sentence exceeds two years and it’s either labeled a felony or if it’s a misdemeanor that exceeds two years, then it’s technically a federal prohibitor and you can’t have a gun. So, this Federal prohibitor is so broad and absurd. We’ve talked before about how it has institutionalized racism

Episode 187-NJ Judge Goes Out Of His Way To Assassinate Your Character Also Available OnPodcast TranscriptGun Lawyer Episode 187 SUMMARY KEYWORDS gun, new jersey, court, firearms, case, permit, withdraw, law, hearing, issue, great, petitioner, handgun, references, purchase, due process, domestic violence, people, order, ptc SPEAKERS Evan Nappen, Speaker 3, Louis Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Today in the Gun Lawyer studio, I have with us my brother, Louis Nappen, who is also an ace gun lawyer. He recently won an excellent case in New Jersey at the Appellate level that we want to tell all of you about. These are the things that we deal with in New Jersey, and it’s just outrageous, beyond belief. But luckily, we did get justice in the end. Lou, why don’t you lay the groundwork as to this recent Appellate Division decision and what led up to it. Louis Nappen 01:02 Great. Well, I want to put something out there. First off, I’ve been doing this for about 18-20 years. And I have to say, I have never had this issue before the Appellate Division. It’s completely novel. It was new research I had to do. Now with that being said, hopefully, that intrigues you. What kind of new gun issue could have happened? That we haven’t seen. Evan Nappen 01:25 That we haven’t seen practice. I mean, it’s like, are you kidding me? And yet no part of the thing about practice of law. It seems like there’s no end to the bullshit. Just no end to it. Louis Nappen 01:38 So, in this case, and it does use initials like every other case I’m here. It seems it’s always initials because I do go out of my way to protect the privacy of my clients. It is only initials because I did request that as part of my thing. Otherwise, his name would be out there, and we’d be hurting his reputation, possibly. Evan Nappen 01:56 And it would defeat the whole purpose of why we went down this road. Louis Nappen 02:00 So, let me explain because now the intrigue is all there. What is this about? It’s In re, in regarding, Application of KD for a Permit to Carry a Handgun. This is a Permit to Carry, not purchase. A Permit to Carry a Handgun, pursuant to N.J.S. 2C:58-4., which has all been opened up now in New Jersey. You’ve discussed ad infinitum about how, after Bruen, we can get these now as citizens. It used to be only about 600 people. Now, the last I heard it about 135,000. Page – 1 – of 21 Evan Nappen 02:31 Tens of thousands. Yeah, really quick, I just want to mention. When you apply for a carry permit, the standard for a carry permit is the exact same standard as for a Firearms Purchaser ID Card and for a pistol purchase permit. That standard is found where, Lou? Where’s the license? Louis Nappen 02:50 That’s under N.J.S. 2C:58.3. There are the standards for permits to purchase and Firearm Purchaser ID Cards. For a Permit to Carry you also have to do the shooting qualifications, of course. But the standards for denial are basically the same. They are the same standards. Evan Nappen 03:10 So, in this case, our client went under the old system where you first applied to the chief, and then the application went to the judge. In the interim, the law changed. But that’s not the key issue here. Was he approved or denied by his chief? Louis Nappen 03:26 Yeah. Because he was one of the earlier ones to apply. He already had a Firearms Purchaser ID card and permits to purchase (a handgun). He already had firearms. So, he’s already been vetted. He applied under the old standard to his local police chief. Now under that standard of that time, before they changed the law, in part I’d like to say, thanks to our Carlson decision, and we can talk about that. But his Chief approved him, in answer to your question. So, he went applied to his chief who approved him. Now, you say like, well, if that’s the case, you should be granted it. But the issuing authority at that time was not the chief. The chief had to only make whether he approved or not in terms of whether he thought it was proper. He doesn’t grant them though. And he had to send the packet . . . Evan Nappen 04:17 It was a two-step process. One of the only decent things about the Carry Killer Law and that giant mountain of dog crap is that deep in it was a little gold coin, which was the removal of judges from the process. And here is a great example of why. Louis Nappen 04:36 This case exemplifies it to the nth degree. Why it is so important that that change happened. Okay, so it went up. We’re waiting for the court to issue his permit. The court says it’s not. We’re setting it for a hearing and it’s about what’s going on. He says the court wants to have a hearing. Well, per the Carlson decision, which mandates that they must have a hearing, that was our case that went up to the Supreme Court. I’m proud o

Episode 186-It’s Not Just Pineapples and Kona in Hawaii Anymore Also Available OnPodcast TranscriptGun Lawyer Episode 186 Page – 1 – of 7 Gun Lawyer — Episode 186 Transcript SUMMARY KEYWORDS knife, law, new jersey, exemptions, id card, firearms, possession, great, hawaii, rights, evan, gun, police, gun owner, second amendment, transport, mags, switchblade, repeal, ban SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. So, I have some exciting news in the ever evolving Second Amendment challenges that we keep seeing. And, you know, it’s really wonderful. Even though there’s so many lousy laws there and the antis keep having their hissy fits and passing new laws, the power of Bruen continues on. As I’ve said before, the Second Amendment is not the right to keep and bear guns. It is the right to keep and bear arms, and arms include any type of weapon for self-defense, etc. So, I want to see legalization and removal of any law that restricts our rights to personal defense, firearms or any other weapon. I’m happy to let you know that the State of Hawaii. Yes, I mean, you think of Hawaii as very liberal, very anti-Second Amendment, and they are. They absolutely are. But what Hawaii did, other than selling us pineapples and Kona coffee, I love Kona coffee. It is my favorite. But anyway, what Hawaii did was legalize by actually repealing the law, legalized butterfly knives, switchblade knives, and gravity knives, as well as brass knuckles, including trench knives, and Karambits, and swords and spears. That’s right. They repealed. The State of Hawaii repealed all those laws for sale, manufacture, transfer, possession and transportation of all these other weapons. (https://kniferights.org/legislative-update/hawaii-legalizes-butterfly-switchblade-gravity-knives/) Evan Nappen 02:46 Now that is wonderful, absolutely wonderful. I’m so happy for the folks in Hawaii who no longer will be turned into criminals for simple possession of these items, many of which are very collectible, very desirable, and very much part of a history of weapons development and culture. Why repeal it now? Why would Hawaii do such a thing? Did they suddenly have an epiphany about the Second Amendment and malum prohibitum laws that ban weapons? No, not at all. Not at all. That would be giving them way too much credit. What happened was that Hawaii got put between a rock and a hard place. I guess they kind of got hit with a tsunami, you might say, because of a case that was brought, a court case brought in a challenge to these very laws. That case is Teter versus Lopez. (https://cdn.ca9.uscourts.gov/datastore/opinions/2023/08/07/20-15948.pdf) The court there, the Ninth Circuit Court of Appeals, found that their ban on butterfly knives, you know, balisongs or butterfly knives, was a violation of the Second Amendment. Because of that, they pushed forward to see if they could get an en bank, the full panel, to review the case. They are taking a big risk because they feel that if the loss is confirmed, it’s going to put in jeopardy all their other laws, you know, regarding firearms and other things. So, what they did was an attempt to moot out, to moot, the case. But to moot the case, it meant having to legalize all these weapons.Page – 2 – of 7 Evan Nappen 05:08 Now the case is still proceeding because the attorneys involved are still claiming the carry portion, you know, the ability to carry, should still be alive from this and maybe continue it. But the court may just throw it out as moot now that the law itself has been tossed. I don’t know what the outcome will be. But regardless, there will still be other days for other challenges, and it is a tremendous win. It’s a tremendous win, because getting rid of those stupid laws is in the plus column for freedom, liberty, and the Second Amendment. So, this is really great. It shows you the power of Bruen, not only in the courts themselves, but to actually force otherwise anti-Second Amendment legislators to have to repeal laws in order to keep the challengers out of the courts. That’s great. That’s fantastic. It’s absolutely fantastic. Evan Nappen 06:21 Knife Rights did play a role here. Knife Rights is the organization in America that vigorously defends our knife rights. You might loosely consider them the NRA of knives, but they’re actually more effective than the NRA, actually, interestingly. We’ll get more into that in a moment. But Knife Rights put in an Amicus Brief in the court challenge and all. Congratulations are due to the attorneys in the case, which are Alan Beck and Stephen Stamboulieh. They were the attorneys that brought the case on Teter, and this really forced them into it. Teter versus Lopez was a huge Second Amendment win for all knife owners and Second Amendment supporters. Also, credit is due to the San Diego County

Episode 185-Murphy’s Racist Gun Laws EXPOSED! Also Available OnPodcast TranscriptGun Lawyer Episode 185 SUMMARY KEYWORDS new jersey, blacks, law, guns, second amendment rights, denials, gun laws, glock, firearms, gun, great, attorney general’s office, chiefs, gun rights, find, john, rights, deals, folks, nra SPEAKERS John Petrolino, Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, I’m very happy today because we have a very special guest on the show. That person is a good friend of mine and really one of my favorite gun writers. You know, we talk about gun rights. Then there are folks who write about gun rights. So, there are gun writers on gun rights. John Petrolino is an excellent gun writer. (https://johnpetrolino.com) I read all his stuff, and I strongly suggest that you do the same. John is on the show today because we wanted to discuss one of his latest articles that I think is extremely important. So, John, welcome to Gun Lawyer. John Petrolino 01:15 Hello Evan. Thank you for having me. Hello, listeners to Gun Lawyer. Hello, Americans and patriots all. How’s everyone doing? Evan Nappen 01:23 Well, I’ll tell you, man, it is never ending, as you know, in our fight for Second Amendment rights. You really chronicle and identify key issues, and you really get it when it comes to understanding what we’re dealing with. So, I want to encourage all my listeners to read anytime they see that byline of John Petrolino. Now, this most recent article, I think, is very important. (https://bearingarms.com/john- petrolino/2024/05/09/nj-attorney-general-platkin-responds-to-racial-bias-allegations-on-permits-to-carry- n1224835) It is something that if it was in the other side of the political arena, it would be headlining everywhere. But because of the media bias and what we are constantly battling for, it doesn’t get the publicity and the attention that it needs. But that’s one of the roles of Gun Lawyer, of this show. It’s what you do, and I do. We put out the truth. So, why don’t you tell us about your recent findings? When you examined the New Jersey Attorney General’s release of the carry permit data, tell me what you discovered? John Petrolino 02:55 Well, the first thing that happened was, I mean, this was super exciting. I think that’s when I called you. You and I got on the phone almost immediately about this. You and I talked about it quite extensively. This is data that both of us were interested in finding. The data that we were looking for was the rate of denials based on race. When I went to the dashboard, like everyone else, trying to find that data, it wasn’t there. I’m going to say the data wasn’t there, because we’re not completely computer illiterates,Page – 2 – of 9 but maybe we all made mistakes, every single one of us that was looking for this data. So, I put in an OPRA (Open Public Records Act) with the Attorney General’s office, and they ended up updating the dashboard. According to, you know, looking at everything now here afterwards, they updated their dashboard on April 12, 2024. I think it was April 24, 2024, when they closed out my OPRA, which they didn’t complete my OPRA right away. They were like we need more time. So, it took them about five, six weeks. Evan Nappen 04:10 So, what is an OPRA? What did you do? Tell us? John Petrolino 04:17 Okay, so an OPRA is New Jersey’s form of a FOIA, which is Freedom Of Information Act, a direct request. An OPRA is an Open Public Records Act request. I’m basically saying to the Attorney General, listen, I want more information that should be available to the public. Sometimes, some agencies and some information they’re forthcoming with and some agencies not so much. So, the Attorney General’s Office is usually pretty good at getting the data that is available, versus like New York or New Jersey State Police. They’re pretty awful. I’m fighting with that right now. Evan Nappen 04:58 So, you found that OPRA is a really important tool, haven’t you? John Petrolino 05:02 Oh, it is very important. ORRA is also, interestingly enough, OPRA in New Jersey, is under attack from one Assemblyman Joe Danielson. Go figure. Evan Nappen 05:16 Oh, isn’t he the fellow that sponsored the Carry Killer bill? You know, the law to restrict our gun rights? John Petrolino 05:26 He’s the guy that said that. Yes, this law was intended to only affect the law abiding. Yeah, that is the guy. Evan Nappen 05:34 Yeah. So, here’s a guy who’s not only against Second Amendment rights, but also, in effect First Amendment rights, too. Trying to keep the Government acting in secret as they do their operations. John Petrolino 05:52 Yeah, exactly. So, the irony is shocking. So, what I ended up doing is getting the information from them. They said, oh, this data&

Episode 184- Is there really a Jersey Legal OTF? Also Available OnPodcast TranscriptGun Lawyer Episode 184 SUMMARY KEYWORDS new jersey, firearm, law, switchblade, great, knife, carry, possession, utility knife, gun, case, transport, exemption, box cutter, state, question, subsection, amazon, blade, possessing SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 Hello, and welcome to Gun Lawyer. I’m Evan Nappen. On the last show we talked about Kade the cow that was a kind of a gun shop mascot at A&G Shooting in Fairfield, Maine. And how having that cute little calf is an attraction for young people and old alike. I put out there about if any of you had other suggestions or know of other gun shop type animals and such. Well, I’ve gotten a number of responses, but I have two here that I want to share with you before we get into the big topic of the show. Is there a Jersey legal OTF? An OTF is known as an Out The Front switchblade. Ooooooh. Is there? You may be surprised to hear what I have to tell you. I’ll give you a hint – loophole. Okay. Evan Nappen 01:23 So, this is from Sherra, a listener of the show, who says regarding the gun shop mascot. Ready for this, folks? “Lance Corporal Chesty McBoomstick is our range cat. We even made him an Instagram account so we wouldn’t clog up our regular range account with cat pics. (https://www.instagram.com/lcplchesty) We have several customers who will come by just to say hi to him. He’s been known to calm anxious children and adults. He loves greeting the customers and isn’t afraid of the gunfire.” This is from the gun shop, I actually found it, Sandhill Shooting Sports in Lugoff, South Carolina. Of course, we have listeners all throughout the world. (sandhillshootingsports.com) Sandhill Shooting Sports has a mascot cat named Lance Corporal Chesty McBoomstick. I went over to look at their Instagram pictures, and it is one cute little kitty. I have to agree. But the really funny thing is he has one of those wraparound Velcro vests on that sometimes you’ll see on emotional support animals. But Chesty there, Lance Corporal McBroomstick, has a very interesting chest rig that he’s wearing, and it has a patch on it. Since he’s their official range cat, what the patch says, you can see this on their Instagram account, it says DON’T SHOOT ME ASSHOLE. I guess that’s pretty good. Because if you’re a range cat, that’s a good idea to say that. I guess that’s training just like you write COW on a cow so that a hunter doesn’t shoot it as a deer. Right, that old gag. So, there you go. Well, thank you so much for sharing that with us. If you’re ever in that area they’re in, Lugoff, South Carolina, stop by and say hello to Chesty. That’s pretty cool. Evan Nappen 03:55 I got another letter here, and this one is from Andrew. Andrew says regarding gun store animals. I think a talking parrot would be ideal for a gun store. He can be trained to say things like F Joe Biden or the ATF sucks or some other pro-gun slogan. I like that. I think we have a lot of great things we could train Page – 1 – of 10 a parrot to say that would be very appropriate at a gun store. He also has a question. So, he’s going to sneak in a question, but that’s okay. Andrew, I love answering questions. Andrew lives in a condo complex. Would they be considered private property for the purpose of carrying a firearm without a permit or are condominiums considered a public area? Thanks. Well, the problem we find with condominiums is you have this thing called “common areas”. If it’s a common area, then your carry in a common area, if it’s open to the public and as long as you have a carry permit, then you’re okay. But you have got to be careful. If you don’t have a carry permit, then you can’t carry under exemption for your home in a common area because common areas are not necessarily your home. They’re common areas. But if you have a carry permit and if the common area is open to the public, then that would get you the ability there to do that. So, it can get complicated depending on the specific facts of the given condo or even apartment complex etc. Evan Nappen 05:35 Anyway, what I want to tell you about is a very, very interesting product that I’ve discovered. They’re right on Amazon, you know the modern day equivalent of what Sears Roebuck was in the old days. On Amazon, they sell what is called Caressolove Aviation Aluminum utility knife. This apparently is the best one of the ones that I’ve tested and found at the best price. It’s called the Caressolove Aviation Aluminum utility knife EDC, which stands for Every Day Carry, auto box cutters, retractable, heavy duty cardboard cutter, replaceable blade pocketknife with clip with five spare blades. What this is is an OTF, an out the front, box cutt

Episode 183-Two Game Wardens, Seven Hunters and a Cow Also Available OnPodcast TranscriptGun Lawyer Episode 183 SUMMARY KEYWORDS gun, gun shop, law, carry, cow, new jersey, great, lawyer, zebu, evan, calf, shoot, firearm, state, exemption, foo, called, carry permit, permit, provision SPEAKERS Speaker 3, Evan Nappen, Tom Lehrer Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I don’t know how many of you have ever heard of Tom Lehrer. Tom Lehrer was a songwriter. He did satire via song. He originally was a Harvard mathematician, believe it or not, Harvard teacher and mathematician, and he wrote some really great comedy songs. They’re just hilarious. He did a number of things and was active in that and then he just kind of retired from it. I think he’s still alive these days, but he doesn’t do any more musical things. But if you ever get a chance to listen to any of the Tom Lehrer songs, I think you’ll get a kick out of it. But there’s a particular song that I want to mention, it’s called “The Hunting Song”. I want to play a clip, a short clip, from Tom Lehrer’s “The Hunting Song” that was released in 1953. It was one of his earlier releases. So, if you would, Mr. Producer, play that cut. Tom Lehrer 01:35 I always will remember, ‘Twas a year ago November, I went out to hunt some deer. On a mornin’ bright and clear. I went and shot the maximum the game laws would allow, two game wardens, seven hunters, and a cow. Evan Nappen 01:51 That’s right. That’s what he shot. The key to today’s show is that last little tidbit of shooting a cow. Now, you know that hunters have been famous for that little faux pas, at times. You know, the classic joke was shooting the farmer’s cow. They even had some famous picture where the farmers would right across the side of the cow, the word “COW” so that hunters would identify that it is in fact a cow. I guess the response to that was to have deer spray painting the word “COW” on the side of their bodies to try to fool the hunters. But I don’t know how much of that occurred. Nonetheless, the shooting of a cow. Evan Nappen 02:49 So why am I talking about cows and guns and all this? Well, let me tell you. I found a very interesting article that I got a kick out of was on Fox News. The article is by Christine Rousselle, and the title of it is, “Maine gun store hires udderly adorable employee, a baby cow.” (https://www.foxnews.com/lifestyle/maine-gun-store-hires-adorable-employee-baby-cow) That’s right. This gun store in Maine, it figures that it’s Maine, now has a baby cow in the gun store. According to the article, the cow is currently a calf named Kade, and it’s the “shop pet” of A&G Shooting, a gun store in Page – 1 – of 7 Fairfield, Maine. The owner explained Kade’s backstory. Kade’s Mom unfortunately had rejected him, and they found him shivering and cold and lying in some mud in the woods. The owner, Adam Hendsbee, explained all this. So, they brought him in and cared for this calf, which happens to be a Miniature Zebu, a Miniature Zebu calf. They nursed Kade back to health, and he is now at the gun shop. Evan Nappen 04:32 He wanders around the gun shop. I guess it’s kind of an interesting draw to a gun shop. They claim that this calf brings a lot of smiling faces and a lot of kids. He gets the newer generation into stuff and makes the gun shop a little warmer. There may be some truth to that. This calf is actually pretty darn cute. But interestingly, the Miniature Zebu is a rare and critically endangered breed of cattle. I didn’t know that were endangered breeds of cattle, but there you go. Apparently, a full grown Miniature Zebu, I like that they put the word “miniature” in there, ends up weighing anywhere between 400 and 600 pounds. That’s a hell of a gun shop employee. Now, apparently compared to a Black Angus that’s small, because they get up to 1,000 pounds. But hey, so here you go. So, if you go to A&G Shooting in Fairfield, Maine, you’ll see this calf in the store. And you know, as the gun shops develop new and innovative marketing, and he’s gotten all kinds of national publicity from this, so I guess it apparently worked. Evan Nappen 06:04 But, of course, you could also say, hey, it’s a training aid for hunters. So, now they can identify, quite specifically, what a cow is compared to a deer and not become the butt of the Tom Lehrer song. But I was starting to think about cows in gun shops as employees, and I thought it would be pretty good to try to get the New Jersey State Police to pink card a gun shop cow. That might be fun. You know, this is something that might get some publicity. I was thinking it’s not a bad idea on one hand to have an animal like that, that is different and cuddl

Episode 182-Everything You’re Dying to Know About Inheriting Guns Also Available OnPodcast TranscriptGun Lawyer Episode 182 SUMMARY KEYWORDS guns, firearms, new jersey, gun, law, registration, jersey, inherited, federal law, son, state, lawyer, heir, evan, question, second amendment rights, inheritance, doctor, talk, license SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, I get a lot of folks asking about inheriting guns and issues come up with gun inheritance. It’s an important topic because gun inheritance is actually one of the great loopholes that exist in both state and federal law. Under inheritance laws, even in the DPRNJ, you know, the Democratic People’s Republic of New Jersey, inheritance occurs, and firearms are transferred to the heirs or beneficiaries without any paperwork. No registration. No license is required. No dealer transfer is required. The firearms just pass to the heirs. So, this is really great to know, and you can see the law itself under N.J.S. 2C:58-3j. And what happens is, the inheritance ends the paper trail, if any existed of the guns. To inherit firearms, the person who is leaving their guns in a will or even by intestacy, for that matter, which means without a will, does not have to mention each specific gun. You don’t have to list them individually. The only time you would want to list a specific gun is if for some reason you wanted a specific gun to go to somebody specifically upon your demise. But you don’t need to do that. You simply say in your will the person you want to receive all your guns. You simply say that in your will, and the guns will pass with no fuss, no muss. No paperwork, no problem. This is really good. Many people have inherited guns, and they wonder, hey, do I have to register them? No, you don’t. If you inherited the gun, it’s yours. You don’t register it. No need to. You just keep it. If you inherit firearms, even outside New Jersey, under federal law, the guns pass to you without the need of a dealer. Even though you’re not a resident of the state of the deceased. You don’t have to be under federal law. You still can take the guns and bring them home to Jersey. No registration is needed for the inheritance of firearms. So, the inheritance law is very useful. Evan Nappen 03:20 You should think about your firearms in your estate planning. Let me give you a good example of one of the issues that we have run into so you could avoid this, should you want to estate plan properly to preserve your legacy. So, you want to leave your guns, first of all, to somebody who’s going to appreciate your guns. Keep that in mind. You want that person to definitely be somebody who’s into guns, and when they receive those guns, they’re going to appreciate it greatly that all the guns, handguns, rifles, shotguns, transferred without any problem. No recordation of the transfer takes place. No registration of the transfer takes place. No dealer transfer is required for the transfer to take place. It avoids all of that. But you want to make sure it’s going to the person that appreciates it and who you want to have it. Page – 1 – of 8 Evan Nappen 04:35 So, let me talk about a typical situation that often exists. Now, I don’t mean to be sexist here, but let’s just say in this example that there’s a husband, a wife, and a son. Now normally wills between married people are set up such that whoever dies first, the husband or the wife, the other spouse, the surviving spouse, receives the entire estate. They’re known as the residual beneficiary, or they just get everything that was left. Each person does a will leaving the other spouse the entire estate. And that’s pretty standard for married couples. But let’s say in this situation, the father and son loved guns, and shooting, and hunting and gun collecting. They just were, you know, gun buddies together. They lived and loved it, but mom could care less. She was glad that father and son had a good time with guns, but she doesn’t really have an interest in the firearms. She wants the son to get the guns, too. Evan Nappen 05:56 But what happens is, the two spouses don’t estate plan properly. They never say in the will that the firearms shall pass to the son, and the remainder of the estate goes to the other living spouse. But they don’t say that in their wills. So, what happens is, statistically, the husband is the first to die. Let’s just say in this case, he dies first. Now, everyone knows that the son was supposed to get dad’s guns and mom even wants the son to get dad’s guns. But because dad didn’t have a will that said the son gets the guns, all of dad’s guns are transferred to mom, with no paper, no registration, no problem. Now for mom to give the guns to the son, he is going to h

Episode 181- A Sensitive Place Loophole Also Available OnPodcast TranscriptGun Lawyer Episode 181 SUMMARY KEYWORDS places, loophole, new jersey, prohibited, gun, law, gun owners, individuals, permits, sensitive, switchblade, state, issued, carry, nfa, expungement, person, firearm, biden, rule SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I have a really interesting loophole to share with you today, and I love loopholes. Loopholes are simply freedom finding the way. You see loopholes end up carving out freedom. Often, they can carve it out so much that they can give us back what the loophole was getting us around. I’ve seen that occur in a number of instances. One example for you to consider is the National Firearms Act requirements. It used to be when you buy a machine gun, silencer, suppressor, etc, or destructive device, you would do your NFA paperwork, and it would be the registration. You’d be looking to get your tax stamp and all. One of the requirements was that the chief law enforcement officer had to sign off on your paperwork. If the chief law enforcement officer didn’t want to sign it, for any reason, you know, maybe they just didn’t think anyone should have one of these things, they just don’t want to sign it, there was nothing you could do to force them to sign it. Evan Nappen 01:34 And what happened was, it was figured out that if you were purchasing or acquiring NFA and you did it by way of a Trust, there was no CLE, Chief Law Enforcement, officer sign off for a Trust. So, what got created became known as the NFA Trust. Individuals would be acquiring NFA using a Trust, which is also good for estate planning, so that individuals could inherit your NFA item. But what the Trust did was make it so there was no more CLE involvement in it. No Chief Law Enforcement officer’s involvement. That way you couldn’t be stopped, and it was extremely successful and effective. So about 10,000 NFA Trusts later, ATF decided to finally get rid of that rule which they wouldn’t have gotten rid of before. They changed it so that when you get an anything NFA, the chief law enforcement officer is given notice, but their sign off is not required. So, we’ve actually created and gotten rid of that requirement, gaining freedom for NFA. Of course, in New Jersey, you’re not able to buy anything NFA because New Jersey prohibits machine guns, suppressors and destructive devices. But in other places, in Free America, where you can have those things, the loophole ended up killing the sign off requirement that often could be troublesome for folks. Evan Nappen 03:25 We also have seen loopholes, even in the development of technology, overcome various bans and prohibitions on things. A good one is switchblade knives. Switchblades were prohibited in the 1950s by way of a Federal law. But they’re not prohibited from possession under Federal law. They are prohibited from interstate transport. So, if you live in a state where they were legal, you could have Page – 1 – of 8 them. There was a workaround for federal laws so that bona fide dealers could sell them. But if you lived in a state where they were prohibited, you couldn’t own them. The advent of the assisted-opening knife really went far to fighting the anti-switchblade laws. An assisted opener opens by way of a spring assist. So, when you push the tab on the blade, the knife opens about 30% manually, and then the rest of the way opens automatically. It almost appears to be a switchblade, but it’s not a switchblade because it doesn’t have a button or device in the handle. It’s integral to the spring mechanism, and there is no button or device in the handle. There was an explosion of assisted openers being sold. You can even buy them in Walmart for that matter. Evan Nappen 04:54 Because they became so accepted, understood, and recognized, when the fight came to repeal the anti-switchblade laws, people were more understanding about it, having seen the utilitarian value of a one-hand opening knife. These laws were able to drop like flies beginning in 2010, in New Hampshire, where I helped spearhead the first repeal, modern age repeal, of state switchblade laws. Since then, I’ve lost track of how many states, actually 26, 27, 28, 29, I lost track of how many have repealed their switchblade laws with the good work of Knife Rights. (https://kniferights.org) Given other states that didn’t have prohibitions, there’s only a handful that still prohibit switchblades. Of course, New Jersey still does, but most states don’t. Now there are ways in New Jersey to lawfully own a switchblade, and I’ve won cases on that. But generally, don’t possess them. They are known as per se weapons. There is an exemption in the statute, and if you can meet it, then there’s a way to lawfully have one. But this s

Episode 180-The TR50 is Jersey Legal? Also Available OnPodcast TranscriptGun Lawyer Episode 180 SUMMARY KEYWORDS new jersey, firearm, gun, nra members, sabot, projectile, elephants, defense, weapon, botswana, law, pistol, home, gun owner, firing, lawful, case, guns, defenseless, folks SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, today, I have an interesting question. Is the Umarex TR50 Jersey legal? Now many of you may be saying what the hell is a Umarex TR50? Well, let me tell you. A Umarex TR50 is a .50 caliber Home Defense Revolver. It is powered by CO2, and it has 11 Joules of power. Believe it or not, this self-defense revolver, which fires a .50 caliber projectile, is available from Amazon. You can go to Amazon.com right now. They have them online there for $169 bucks. Evan Nappen 01:23 Now, what’s interesting about the TR50 is it’s really a new class, or maybe somewhat part of an existing class, of self-defense air pistols. We’ve talked in the past about the Byrna gun, and the Byrna fires a .68 caliber round. The Byrna has been out there for a while, and we’ve discussed that before. So, I don’t want to get into the burnout today of course, because you can go back to the old Gun Lawyer (Episode 171) on Byrna and learn all about Byrnas. But I think the TR50 is really interesting, and I’m going to go through with you the New Jersey gun law and show you how this is actually wonderfully outside of most of New Jersey gun law. And it is pretty cool. Evan Nappen 02:23 This TR50 has plenty of videos online, and you can see how powerful the TR 50 is, especially with the solid projectile. We’ll get into that in a little bit. But the revolver itself actually has a velocity of 450 feet per second, and it is currently the most powerful defense revolver fired by air or CO2 out there. At least that’s a claim by the advertising folks there. It can shoot various types of projectiles, anything from a steel ball, a pepper ball, rubber ball, a nylon ball, and a shaped projectile. It uses just the standard 12g CO2. Evan Nappen 03:17 The question is, what is this under Jersey law? Is it legal to have and what are the parameters to having it? What are the parameters even on purchasing and owning it? This is where it gets really fascinating. First of all, the revolver itself is similar in a way to the old Crosman 38T or the so-called .357 they make, even though it’s a .177 pellet firing revolver. Many of you may be familiar with that old Crosman revolver. It has little wheels that you push the pellets into, and you can switch out those wheels. Well, the TR50 also utilizes wheels in a similar way, but it holds six .50 caliber balls instead of Page – 2 – of 9 the .177 pellets. It is substantially more powerful than that Crosman pellet gun even though the Crosman pellet gun is considered a firearm and a handgun under Jersey law. But as you will see, the TR50 is not, and I’ll explain why. Evan Nappen 04:30 The way to understand this revolver and how it applies to New Jersey law is very interesting because of how they wrote New Jersey law. There was no such thing as a TR50 at the time. So, if we go to the definitions of under New Jersey law, look at N.J.S. 2C:39-1. Let’s start with subsection f., which defines what a firearm is. New Jersey defines a firearm as follows. Evan Nappen 05:09 “f. ‘Firearm”‘means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.” Evan Nappen 05:46 The TR50 does not fall under the first category because it’s not firing or ejecting a noxious thing by way of an explosive or flammable or explosive substance. So, it doesn’t fit that category, but the second part of the definition of firearm specifically applies to air guns. Listen to what it says next. “It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.” Evan Nappen 06:56 Now what we have with the TR50 is a projectile over three-eighths of an inch. It is half an inch. It’s .50 cal. so it does not fit the air gun definitional part of “firearm”. Therefore, it is not a firearm. It is not a firearm by New Jersey’s definition. Now

Episode 179-Gun Denial? Biden says, “No Global Entry for you!” Also Available OnPodcast TranscriptGun Lawyer Episode 179 SUMMARY KEYWORDS guns, gun, new jersey, denial, firearm, denied, program, nics, zombie, term, law, gun laws, called, ban, gun violence, state, expungement, purchase, federal, destroy SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, this show focuses on, of course, firearms, weapons, the Second Amendment, and all that kind of great stuff. I really am blessed to have a job that I enjoy and do what I’m interested in doing. I’m able to help a lot of people all the time with these subjects. In so doing, things are brought to my attention that I never knew about. When I didn’t know about it, I’m pretty confident that my listeners probably don’t know about it either. I’m never amazed, and I never cease to be amazed at the things that end up coming my way. I have this opportunity through Gun Lawyer to tell you about it. Here’s the latest and greatest. Did you know that if you are denied a firearm purchase, that Joe Biden says you are not eligible for Global Entry? That’s right. A firearm denial has the collateral consequence of barring you from the Global Entry Program. Evan Nappen 01:41 Now the Global Entry Program is administered by the U.S. Customs and Border Protection, and it is kind of a companion program of TSA Precheck. What it does is it allows you to travel with much more ease when traveling globally. I had a person call me who had applied to purchase a firearm and got denied NICS, and we’re challenging the basis for the NICS denial. But that’s not the point. They were denied NICS, and now we’re going to do the standard fight to straighten out the NICS denial. But three days later, this person gets a letter that they’re barred from their application for the Global Entry Program. Let me tell you about the Global Entry Program, and this is incredibly significant. In New Jersey, getting denied for a gun license is substantially more risky and more prevalent than under even the Federal law because New Jersey’s law has so many of these subjective criteria. Many of their bases for gun denial go well beyond the Federal law. Evan Nappen 03:19 So, let’s take a look here at the Global Entry Program. (https://www.cbp.gov/travel/trusted-traveler- programs/global-entry) You can actually go to the website for U.S. Customs and Border Protection and go right to their eligibility for global entry. (https://www.cbp.gov/travel/trusted-traveler-programs/global- entry/eligibility) It says are you eligible? Then it lists countries that are eligible. Of course, U.S. citizens and U.S. lawful permanent residents of the following countries are eligible for Global Entry membership, and they have a list of all the countries. Canadians are eligible (through membership in the NEXUS program). If someone is under 18, they have to have a parent’s or legal guardian’s consent. Then it has reasons for ineligibility to be part of this program. It says you may not be eligible for participation for the Page – 1 – of 8 Global Entry Program, if you, and it says four requirements below. The first one is false or incomplete information on the application or second, have been convicted of a criminal offense or have pending criminal charges or outstanding warrants, including, by the way, DWI, which in New Jersey is only a traffic offence. But even a pending DWI will bar you from this program. Third, if you’ve been found in violation of any customs, immigration or agricultural regulations or laws in any country. If you’re a farmer and you violate an agriculture law, you’re barred. Fourth, it says anyone who’s the subject of an ongoing investigation by any federal, state or local law enforcement agency. It doesn’t say “criminal” investigation. What if you’re being investigated on a National Firearms Act application or a Federal Firearms License? I don’t know. Then the next one says, have been denied for the purchase of a firearm. Denied for purchase of a firearm. Evan Nappen 05:40 Here this person was denied a purchase in NICS, and three days later, somehow U.S. Customs learns of a NICS denial. Where’s the conduit that’s communicating that information? NICS denials are supposed to be about guns? How did that other agency even learn of a firearm purchase denial? I don’t know. You know, in New Jersey, anything they can do to screw gun owners they’re going to do. I expect to see more and more individuals that have faced any type of denial for purchase of a firearm, no matter how unreasonable, or wrong, or incorrect or illegal, that denial was or unconstitutional for that matter. You’re now going to be subjected to a collateral consequence and additional penalty that a

Episode 178-Show Me Your Sign and See What Happens Also Available OnPodcast TranscriptGun Lawyer Episode 178 SUMMARY KEYWORDS new jersey, gun, carry, gun owner, handgun, firearm, belt, suppressors, state, law, criminals, shoot, permit, ban, jersey, prohibited, protect, long range rifle, sign, ammo SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. There’s been a lot of interesting developments. And boy, I’ve gotten a lot of great letters. So, we’re going to go through all these interesting news bits. Stuff that you will not hear in the Imperial Media, I like calling the lamestream media that. It really fits. It’s the Imperial media, you know. They just put out what the Imperial Government says they should put out. But I’m here to give you some alternative source of news and information, and I enjoy doing that. I really appreciate all of you listeners out there. I’ve gotten a lot of great questions, too, that we’re going to do that I’m sure a lot of you will appreciate. Evan Nappen 01:07 Maybe you saw it, maybe it didn’t. The Attorney General in New Jersey released a couple of announcements. Number one, he put into a public database, what he’s calling the Dashboard, of all carry licenses, Permits to Carry a Handgun, statistics that are now available on what’s happened in New Jersey with the issuance of the carry permits. (https://www.njoag.gov/attorney-general-platkin- office-of-justice-data-launch-permit-to-carry-dashboard/) It’s actually pretty interesting. They put it out there to create problems, of course. They want it to be used politically against us. But, actually, I think it’s going to backfire big time. We in the gun rights community actually kind of welcome this data. I do. I welcome the data, and it saves us from having to do a Freedom of Information Act request. Thank you, Attorney General, for providing it. Evan Nappen 02:15 You may get a kick out of looking at it. It’s interesting. It lists by county. It lists approvals and denials and gives a basis for denial. It also lists race. Oh, yeah. So, you can see the institutionalized discrimination for yourself in terms of the denials and approvals. It’s pretty good. It also shows how many Permits to Carry have been issued since the Bruen decision. You know, since the regaining of the right to carry in New Jersey, thanks to the U.S. Supreme Court Bruen decision and the great, we like to call St. Thomas, who wrote the majority opinion there. Now that our right to keep and bear arms has been extended to apply to a right to carry a handgun outside our home for self-defense, New Jersey had to finally relent and have a “shall issue” carry permit system. Individuals can actually get a carry permit, which was a virtual impossibility before Bruen, because of the requirement of “justifiable need”. That was their barrier, their trick. Page – 1 – of 11 Evan Nappen 03:41 By requiring “justifiable need”, which was defined by the courts as urgent necessity, and then having to meet a two part test showing that you were subject to serious bodily injury or death, you personally, and that carrying a handgun was the only way to avert that threat, it became a virtual impossibility. You had to show that you needed to use deadly force before you needed to use deadly force. Basically, if you had been shot and killed, you now qualified for a carry license. Congratulations! That’s how it used to work under the old law. The new law has gotten rid of justifiable need, and individuals can now get permits. Evan Nappen 04:19 So, the new tact that the anti-Second Amendment Government, the Imperial Government, is trying to do to still limit our rights, even though they’re forced to issue permits. It’s trying to limit where you can use the carry permit. And that battle is ongoing in the courts now to go at their so-called “sensitive places” and other restrictions that unreasonably limit our Constitutional right. Evan Nappen 04:19 Well, anyway, a lot has happened since that change of removing “justifiable need”. I think it’s very interesting looking at these statistics to see exactly what happened. Prior to the Bruen decision, there were approximately 600 Permits to Carry a handgun for the entire state of New Jersey. That’s right, 600 or so. And those civilian carries were, you know, mostly those that were either mobsters or politicians or both. Not everybody, but there was a good percentage. And it was about as corrupt as you can get unbelievably corrupt. Unless you were connected politically or otherwise, it wasn’t really going to happen. It was very tough to try to meet that outrageous standard. It was a virtual impossibility, although I was able to do it for a number of clients. But it was just something that an average individual w

Episode 177-18-year-olds can get carry permits in NJ Also Available OnPodcast TranscriptGun Lawyer Episode 177 SUMMARY KEYWORDS new jersey, law, firearm, state, handgun, gun, pennsylvania, evan, carry, magazines, carry permit, lakewood, legal advice, prohibits, attorneys, resident, check, call, mags, new jersey’s SPEAKERS Speaker 2, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, we have a bit of news here that I want to share. I don’t know if you’re aware or not, but New Jersey is part of the Third Circuit under the Federal Circuits, and the Third Circuit Court of Appeals struck down Pennsylvania laws that ban 18 to 20 year olds from carrying firearms in public during a state of emergency. This ruling, of course, is part of the power of the magnificent Bruen decision by St. Thomas, you know, Justice (Clarence) Thomas, and it’s having a good effect. This case is actually at the appellate level. So even higher than the circuit court level. Now, the parties to that law, the Government, who’s never likes it when one of their laws is struck down and people gain freedom, even in Pennsylvania, they’re looking to try to get a rehearing of the full court to hear it. But right now, it is a win both in the trial court and the appellate court. Evan Nappen 01:40 So, one of the questions is, does this have any effect on New Jersey? And you bet it does. And actually, it only enhances what is already the law that you may find somewhat surprising. You see, New Jersey’s carry permit law does not have an age restriction, limiting individuals to having to be 21 years old. Under New Jersey’s carry law, an 18 year old or older, can apply for a carry license. And if that person is even attempted to be denied, because they’re under 21, well, here we have a federal court decision right in the circuit, our circuit. It says that law, similar to the law that Pennsylvania has, is unconstitutional. Evan Nappen 02:39 But we don’t even have to necessarily reach the constitutionality aspect of it. Because unlike the Permit to Purchase a Handgun, the Permit to Carry a handgun under N.J.S. 2C:58-4 does not have an age restriction. So, if you are under 18, I mean, if you’re 18 or over, not under 18, you don’t want to go there. But if you’re 18 or over, an adult under the law, you can apply for a carry in New Jersey. Frankly, that’s how it has been, basically, since Jersey had a carry law. You could simply be 18. There were many folks that I recall, who worked in security that were over 18, and they were able to even get carry permits in the bad ole days. And that didn’t change. What can become a question is, well, how do I acquire a gun? I’m going to talk to you about that in a moment. But as far as applying, in order to apply, let’s talk about that. You’re going to need, of course, your photo, and you’re going to need your prints or your SBI number. You can get your Firearms ID Card at 18. So, you can get that, no problem. Page – 2 – of 7 Evan Nappen 04:02 Then you’re going to have to pass CCARE, which is the core competency qualification, and you do not need to own a firearm in order to pass CCARE. You can take CCARE at any of the ranges that have the instructors, particularly WeShoot by the way in Lakewood offers this, as long as you’re 18 or over. You can take the course, and you can even rent firearms. You specifically can rent, temporarily possess and rent a firearm, specifically under New Jersey law. You can find that with under N.J.S. 2C:58-3.1, where it says that an individual can be temporarily transferred not only a rifle or shotgun, but it actually specifically says handgun there by that licensed dealer. Under another section right after that, N.J.S. 2C:58 Dash-3.2, you can also be 18 or older and get training and temporarily possess while training. So, the law does not prohibit somebody who is 18 or older from temporarily being transferred a firearm or being trained with a firearm, in this case, specifically a handgun. So, you can pass your CCARE without having to actually own or possess the handgun. In order to get this process going, you can do that, and I would highly recommend that you check out WeShoot and take one of their classes and get your CCARE certification. Evan Nappen 05:53 Now once you have a carry, some of you may say, well, okay, but how do I get a handgun if you’re 18 or older? Federal law prohibits, currently, a dealer from selling a handgun to somebody who’s under 21. Now I happen to believe that that law is probably going to get tossed because they already have these decisions challenging state laws that have such restrictions. But for now, a dealer is still bound by the Federal law that prohibits a dealer from selling a gun to someone who is under 21, and New Jersey state law prohibits someone who’s under 21 from g

Episode 176-The Brothers Nappen Tell War Stories Also Available OnPodcast TranscriptGun Lawyer Episode 176 SUMMARY KEYWORDS new jersey, denied, doctor, state, law, firearms, carry, case, mental health, matter, firearm, gun owner, misdemeanor, gun, handgun, fees, gun laws, people, dwi, disorderly SPEAKERS Evan Nappen, Louis Nappen, Speaker 3 Evan Nappen 00:17 Hello, and welcome to Gun Lawyer. I’m Evan Nappen, and today we have a very special guest, someone I’ve known for his entire life. And that is my brother, Louis Nappen, who is also an attorney in my firm. Together, we both worked on a case in which we just won the appeal. It is an outstanding victory and stands for some great principles that you need to know when trying to deal with New Jersey’s absurd gun laws. Lou, welcome to the show. Louis Nappen 00:59 Hello, and I guess you’re the Gun Lawyer, but I’m a gun lawyer, too. Evan Nappen 01:03 We have two gun lawyers on Gun Lawyer. We can even call the show gun lawyers. Louis Nappen 01:08 That’s right. Evan Nappen 01:09 Because we have plural. We are plural today. Very plural. But, as long as we don’t have pleurisy, we’re good. So, Lou, this case is the Goworek case, G o w o r e k. Why don’t you give us a little overview of what happened to our client? Louis Nappen 01:36 Okay, first off, I seem to get the cases with the ultimate longest titles ever. I don’t know anybody else who has case hired . . . Evan Nappen 01:44 Absolutely, read the entire title of this appellate caption, just for the record, because it’s absolutely amazing. Please, read it. Louis Nappen 01:49 Just like the M.U. case, we call it M.U. for a reason. This is from actually the same courthouse. Same judge. It’s “In the Matter of the Appeal of the Denial of Robert Goworek’s Application for a Firearms Page – 2 – of 16 Purchaser Identification Card and Three Handgun Purchase Permits & In the Matter of the Revocation of Robert Goworek’s Firearms Purchaser Identification Card and Compelling the Sale of His Firearms.” That is the title. Evan Nappen 01:50 With that caption, you don’t even need an opinion. I think . . . Louis Nappen 02:23 I think the caption itself. . . I don’t have to tell you the history, I don’t have to tell you what this case is about. Because there it is. Everything. Evan Nappen 02:30 There it is. Everything you need to know. Now, our client was originally denied by his police chief. And why was he denied, Lou? Louis Nappen 02:45 Yeah, let me get into this. Okay, so he applied for a Firearms Purchaser Identification Card and three Permits to Purchase a handgun. He was denied based on the fact that he had a 1994, so 30 years ago, he had a DWI out of New York. Otherwise, nothing else on his record. So, 30 years ago, Louis Nappen 03:17 That’s right. Evan Nappen 03:17 First of all, even putting that aside for a moment, a DWI in New Jersey is not even a criminal offence, folks. Evan Nappen 03:17 It’s a motor vehicle violation. But New York grades it as a misdemeanor. Nonetheless, we’re talking about something 30 years ago, and his Chief of Police denied him for that one singular event back in New York decades ago. Louis Nappen 03:48 That’s right. You know, half a life ago, a youthful indiscretion, whatever it was from 1994. That’s the basis for the denial. And so here we are. He’s a super great person, and this is all that he has. That’s it. And, of course, though, we’re talking about New Jersey. So, they’re looking for reasons to deny, not reasons to approve, and so they denied based on this one issue. In response, what happens in this particular county often, if you are denied a Firearms Purchaser Identification Card, an application for that, then what the State does is it, or a Permit to Purchase, escalates. Evan Nappen 04:37 Yes, it escalates. Page – 3 – of 16 Louis Nappen 04:37 Yeah, it escalates. The State then motions to revoke your Firearms Purchaser Identification Card. So, in other words, especially if you have one and then you go for permits to purchase handguns because you need that permit for a new handgun. They motion to revoke your Firearms Purchaser Identification Card. Now, this also goes back to the days when we’ve discussed already the M.U. decision. Then they also move to compel moved, they’re not doing it anymore, pretty much. Evan Nappen 04:39 That was our firm with you with M.U. Louis Nappen 05:00 They also move to compel the sale of firearms you already possess. Interestingly, now, in this case, a DWI in New York, the one we’re talking about here, wait, punish was Evan Nappen 05:24 Wait, Lou, before you get there. The actual reason that they were denied was “not in the interest of public health, safety and welfare.” Right? Louis Nappen 05:35 Yeah, Evan Nappen 05:35 That was the reason and t

Episode 175-The Glock 43X Hidden Nightmare Also Available OnPodcast TranscriptGun Lawyer Episode 175 SUMMARY KEYWORDS new jersey, voluntary surrender, gun, glock, magazine, state, firearm, mandating, nra, technology, registration, firing pin, guns, law, large capacity magazine, unlawful possession, holds, great, lakewood, surrender SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:16 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Well, I have some important information for gun owners that own Glock 43X pistols. Now the Glock 43X pistol is a 9 mm Glock handgun, and it’s very popular in states like New Jersey because it is a compact slimline frame. And it has, supposedly, a 10 round magazine capacity. New Jersey has a magazine prohibition for any magazine over 10 rounds, and New Jersey is not the only state that has the 10 round limitation. A number of states are denying individuals their Second Amendment rights by limiting how many rounds they can have. The states have arbitrarily determined how many rounds your life is worth, and New Jersey is one of them. So, 10 rounds is the limit in New Jersey. Evan Nappen 01:42 The reason I am mentioning the Glock 43X is because it has come to my attention, and I’ve in fact confirmed it with Glock, that the 43X Glock pistol magazines, specifically those manufactured prior to September 2023, can hold 11 rounds. That’s right eleven. In case you need a little help, that is more than 10. Any magazine in New Jersey that holds more than 10 is prohibited under Murphy’s standard capacity magazine ban. It is a felony level offense to possess a magazine that holds over 10 rounds. Now the Glock magazine, down the back of the magazine, of course, numbers one to 10, and Glock sold it as a 10 round mag. Thousands of individuals have purchased the gun with the mag as a 10 round mag. But nonetheless, you can squeeze in an 11th round. Although it is tight, it will take it, and the gun will function. Evan Nappen 03:19 This was verified. I called Glock about it and got their technical guys. They said yes, in September 2023 there abouts, they modified and fixed their magazine so that it truly only holds 10. So, they actually did change the magazine because they recognized that it could hold 11. Something about the springs or some technical thing, but they changed it so that the newer Glock 43X magazines supposedly strictly only hold 10. But if you purchased your gun prior to September 2023 or maybe even after September, but it was an older gun that was prior to when Glock initiated their product changes, you have a magazine that is essentially a felony level offense in your possession and what you’re looking at is up to 10 years in State Prison in New Jersey for your possession. Evan Nappen 04:30 A ‘large capacity magazine’ is specifically defined as a box, drum, tube or other container which is capable of holding more than 10 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. Under N.J.S. 2C:39-3, subsection j., it says, any person who knowingly has in his possession a large capacity magazine is guilty of a crime of the fourth degree. Fourth degree is up to 18 months in State Prison for possessing it. It doesn’t matter what the magazine says it holds. What matters is what it actually holds. So, if you have a Glock 43X, I’d strongly suggest checking to see if your magazine holds more than 10. Because if so, you have a problem. As a matter of fact, you need to make sure that any magazines you have don’t hold more than 10. But apparently, the Glock 43X has this as an understood issue. Evan Nappen 05:46 Now, let me tell you, it doesn’t just end with possession. Because I’m sure some of you are saying what can I do about it? Well, let me tell you. New Jersey also has a statute under N.J.S. 2C:39-9. subsection h., and it says, get ready for this, folks. Large capacity ammunition magazines. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine . . . is guilty of a crime the fourth degree. So, not only is it unlawful for you to possess the magazine, but it’s also unlawful for you to transport the magazine. It’s also unlawful for you to ship the magazine, such as back to Glock. See what I’m saying. It’s also unlawful for you to sell it. It’s also unlawful for you to get rid of it because you can’t dispose of it. If you destroy it, that’s arguably destroying evidence. So, they don’t leave you with much option, do they? Evan Nappen 07:00 In New Jersey when they banned all of this, you ended up with a magazine that is prohibited. It can not only turn you into a felon, essentially losing your gun rights and having a per se disqualifier by having that conviction, but also you are facing substantial State Prison time for it. Now, it does not only apply to New Jers

Episode 174-The Foundation of NJ Gun Laws Also Available OnPodcast TranscriptGun Lawyer Episode 174 SUMMARY KEYWORDS new jersey, gun, handgun, carry, firearms, exemptions, law, permit, burden, court, guns, subsection, macro, second amendment rights, gun owner, understand, proven, mag, jersey, place SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, what is the foundation of New Jersey gun laws? Let me tell you what the foundation of New Jersey gun laws is. You may not believe it, but it is absolutely true. We are all guilty until proven innocent. Now how can that be? Is that just hyperbole? Is that just Nappen spouting off? No. That’s actually how it functions. It may surprise you, because you probably grew up thinking that you’re innocent till proven guilty in America. But not when it comes to gun law in New Jersey. How can that be? Well, let me explain. Evan Nappen 00:58 You see, New Jersey prohibits essentially all firearms under the possessory law found under N.J.S. 2C:39-5. When you look at that statute, you’ll see that under subsection a., machine guns are banned, under subsection b. handguns, and under c., rifles and shotguns, etc. They ban all guns there, and then they create certain exceptions to the guns that are banned. Those exceptions come in two forms. One is built into the statute that has to do with licensing. The other is built into the exemptions, which aren’t even listed in the statute that’s doing the banning. You have to know that they exist in a separate statute to actually find them. Evan Nappen 02:12 Let’s start with understanding New Jersey’s handgun prohibition. Under N.J.S. 2C:39-5.b., this is the b. section, it says, any person who knowingly has in his possession any handgun, including any antique handgun, yes, even antique handguns are covered, without having first obtained a permit to carry the same as provided under N.J.S. 2C:58-4, is guilty of a crime of the second degree. So, what does that mean? That means if you have a handgun and you don’t have a carry permit, you’re unlawfully in possession. Now prior to the Bruen decision, not many folks even had carry permits. But now hundreds of 1000s have carry permits. But still there probably are more than a million handguns in Jersey, for sure, with owners of handguns that don’t have carry permits. Evan Nappen 03:25 So, are they all illegal? Are they all possessing their handgun unlawfully? I just read you the statute that says if you knowingly possess a handgun, even an antique one, and you don’t have a permit to carry it, you’re in violation of the law. How does that work? Well, it is true that if you don’t have a carry and Page – 2 – of 7 you’re possessing a handgun, you’re in violation. But then you have to know that you have to go to the exemptions. The exemptions are under N.J.S. 2C:39-6. Evan Nappen 04:05 I want to specifically bring to your attention the most utilized exemptions by law-abiding citizens, and that exemption would come under subsection e. E as in Evan. It says, essentially, I’ll read it to you. Nothing in subsections b., which is handguns, c., which is rifles and shotguns, and d., which is other weapons, of N.J.S. 2C:39-5, we just read the handgun section. But then there are other sections banning rifles and shotguns, unless you first have a Firearms ID Card. Then subsection d. is just other weapons or anything else. “Nothing in subsections b., c., and d. of N.J.S. 2C:39-5 shall be construed to prevent a person keeping or carrying about the person’s place of business, residence, premises or other land owned or possessed by the person, any firearm, or from carrying the same, in the manner specified in subsection g. . . . “, which is basically cased, unloaded, etc, you know, the normal proper ways to transport a handgun, “. . . from any place of purchase to the person’s residence or place of business, between the person’s dwelling and place of business, between one place of business or residence and another when moving, or between the person’s dwelling or place of business and place where the firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.” Evan Nappen 05:45 So, if you have a gun in your home, a handgun, rifle, or shotgun, and you don’t have any license, a Firearms ID Card or a carry permit, you’re still legal for your possession by way of exemption if it’s in your residence, or if you fall under any of the other listed exempted places that I just read you. However, exemptions are a defense. They’re a defense. And how does that work in law when we’re talking about a defense? Well, a defense becomes the burden of the defendant to first show or demonstrate that they’re withi

Episode 173-Assault Firearms 101 Also Available OnPodcast TranscriptGun Lawyer Episode 173 SUMMARY KEYWORDS firearm, assault, semi, gun, new jersey, law, part, m1 carbine, automatic firearms, substantially, type, definition, identical, guns, attorney general, finally, carbine, features, jersey, gun owner SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I’ll tell you what keeps cropping up a lot, and there’s a lot of confusion still. We see people always asking questions. I see nonsense on the internet, and people inadvertently, possibly, ending up in serious trouble. What is an assault firearm under New Jersey law? Some folks like to talk about assault firearms, and they’ll just talk about the so-called offending features. And I’ll say, oh, that gun is compliant, and that gun is not, blah, blah, blah, . . . But that’s barely touching the surface. So, what I want to do today is take the time to fully explain, to the best of my knowledge, which is fairly extensive, the definition of assault firearm in New Jersey. The reason I say it’s fairly extensive is I’ve been part of battling the ban on modern sporting rifles since it was first proposed in the late 1980s. Evan Nappen 01:37 Believe it or not, it didn’t pass in New Jersey until May of 1990. That’s right, folks. We’ve been living with this piece of crap law for 34 years. It’s just outrageous. And it’s done zero, zip, nothing about actual crime. But it sure has harmed untold numbers of law-abiding citizens that have got trapped in New Jersey’s bizarre matrix of what is an assault firearm under New Jersey law. I don’t want any of you to have that problem. So, I want to explain the definition of assault firearm. I’m calling it an “assault firearm” only because that is actually the legal term for it in the statutes. New Jersey calls these guns “assault firearm” as defined by the definition found under New Jersey law. Now, this definition of assault firearm is one of the absolute worst criminal definitions of anything found in criminal law. And I’m not just saying that because I hate this law. But it’s the truth. This law is essentially incomprehensible. It is an absurdity beyond being useless. Evan Nappen 03:28 But, as a New Jersey gun owner, you don’t want to fall into the trap. I don’t want you to fall into the trap. So, let’s talk about exactly how and what is a so-called “assault firearm” under New Jersey law. Now the definition of assault firearm is found under New Jersey Statutes (N.J.S.) 2C:39-1 w. It is a very complex, five-part definition that was written by a bunch of imbeciles, frankly. The very first part of the definition is a laundry list of about 67 named firearms. These named firearms include firearms that don’t even exist by the way. We don’t even know where they got these names. I can’t even find an example of some of them. It is just a jumble of makes, models, and descriptions, and it is something that requires a very technical knowledge of each of these guns as we proceed further into the definition. Page – 2 – of 8 Evan Nappen 05:02 So, what are the guns on the list? Well, there’s the “Algimec AGM1 type”. I bet most of you have never even seen an Algimec, but it’s on the list. “Any shotgun with a revolving cylinder such as a ‘Street Sweeper’ or a ‘Striker 12’.” Now Street Sweeper and Striker 12 are NFA (National Firearms Act) under Federal law. They are considered destructive devices under the National Firearms Act. They were declared such when the Treasury Secretary Lloyd Benson, in a propaganda move to pass the Federal assault firearm ban, decided to do one of those ATF Special Deals where they make something that’s been legal illegal and declaring a 12-gauge shotgun, which is really all these guns are, to be a destructive device and therefore requiring NFA registration. They had an open period of registration for a number of years where you could register it as a DD for free. But it still didn’t clear you for Jersey, because Jersey had it separately prohibited as a named “assault firearm”. Evan Nappen 06:18 Then there’s the “Armalite AR-180 type”. Suddenly, it’s, you know, a type here. The “Australian Automatic Arms SAR”. The “Avtomat Kalashnikov type semi-automatic firearms”. Well, that’s cute. Avtomat Kalashnikov, and it’s A V T O M A T Kalashnikov. I didn’t know we had to speak Russian to obey New Jersey gun law, but apparently, you have to. If you do speak Russian, then you know that Avtomat means automatic. Tell me what an automatic semi-automatic is, please. Well, it’s banned. “Beretta AR-70 and BM59 semi-automatic firearms”.

Episode 172-Hawaii Gives The Finger To The 2nd Amendment Also Available OnPodcast TranscriptGun Lawyer Episode 172 SUMMARY KEYWORDS hawai’i, law, new jersey, court, second amendment, talk, hawaii, boat, great, supreme court, gun owner, firearm, gun, book, second amendment rights, citizens, carry, gulag, transporting, state SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. You know there are some things I like that come from Hawaii. One of my favorite things that I splurge on that comes from Hawaii is Royal Kona coffee. It’s my favorite coffee. Have you ever had Royal Kona? Oh my god, it’s the best! I fell in love with Kona when I first was working. When I was going to college, I worked in Herder’s Cutlery store in Monmouth Mall, and we also sold, at the time, it was called exotic coffees. This is before Starbucks, before, K-cups, before any of that. We had big barrels of coffee, and the coffee that was actually the most expensive was Royal Kona. Folks would come in. They’d buy knives, and they’d buy coffee. As an employee there, we were able to make pots of coffee. They wanted coffee brewing all day for that wonderful aroma. So, we had great cups of Kona, and I loved Kona. Evan Nappen 01:30 Of course, this is Gun Lawyer, and it’s not coffee lawyer. But one of the things that recently has come from Hawaii that I don’t like at all, is their recent Supreme Court decision regarding the Second Amendment. It is absolutely giving the finger to the Second Amendment and to the Supreme Court of the United States and to the Bruen decision. It’s just insanity, just insanity. You can’t believe that a Court is going to be that unbelievably disrespectful to a (United States) Supreme Court decision and to an individual’s Second Amendment rights. So that it’s blatant. It’s blatant. Let me tell you what happened here. Hawaii upheld this man’s conviction for carrying a gun. He challenged it under both the Hawaii State Constitution and, of course, the Federal Constitution. Believe it or not, the State of Hawaii has an identical Second Amendment, if you will, an identical right to keep and bear arms to the Federal Second Amendment. Evan Nappen 03:07 As you may know, New Jersey has no State Constitutional right at all to keep and bear arms – none. That’s why it was so important when the McDonald decision came down in the (United States) Supreme Court because it applied the Second Amendment to the states. The decision in Heller got applied to the states and subsequently, of course, in Bruen. Prior to that, there was no Second Amendment in New Jersey, and the Supreme Court of New Jersey said it was a privilege, not a right, essentially. Now, of course, we’re back to being part of America again in New Jersey. You probably believed that Hawaii was part of America, but apparently, the Hawaii Supreme Court doesn’t think so. So, what the Hawaii Court said was, listen to this, “Article I, section 17 of the Hawai’i Constitution Page – 2 – of 7 mirrors the Second Amendment to the United States Constitution.” Then the court went on to say, “We read those words differently than the current United States Supreme Court.” How do you like that? “We hold that in Hawai’i there is no state constitutional right to carry a firearm in public.” (https://www.courts.state.hi.us/wp-content/uploads/2024/02/SCAP-22-0000561.pdf) Isn’t that something? Evan Nappen 04:37 Directly rejecting the law of the land. Directly rejecting the application of Bruen and the Federal Second Amendment as it is, in fact, incorporated to the states via the 14th Amendment as per McDonald, as per their decision. The majority opinion was written by the great Justice (Samuel A.) Alito, a Jersey boy, by the way. The Hawai’i ruling is just nuts. Right? Listen to what the (U.S. Supreme) Court said. “There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.” This was written in the majority opinion in Heller. In Bruen, the Second and Fourteenth Amendments kick in. Then SCOTUS (Supreme Court of the United States) outlined what’s needed to challenge gun laws, and they base that on what we call text, history, and tradition. Where the scrutiny test is burdened upon the State to have to show by text, history, and tradition, analogice laws from the past that would justify a current law. Evan Nappen 06:01 The Hawaiian court said, and it’s just astounding. This is the level of jurisprudence, folks. Ready? They cited a line from an HBO drama in their decision. They uphold their rejection of the Second Amendment, no joke, to some degree here, based on an HBO show. Okay? Here’s, the quote. Ready? “As the world turns, it makes no sense for contem

Episode 171-Is The Byrna Gun NJ Legal? Also Available OnPodcast TranscriptGun Lawyer Episode 171 SUMMARY KEYWORDS new jersey, gun, law, carry, firearm, jersey, burner, state, self defense, lawful, charged, weapon, pistol, gun owner, gulag, prohibited, handgun, question, meaning, legal SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I'm Evan Nappen, and welcome to Gun Lawyer. So, you know, I get this question a lot. People want to know. Are the Byrna guns legal in New Jersey? BYRNA. (Byrna.com) Are they legal? And some of you might say, well, what's a Byrna gun? A Byrna gun is similar to a paintball marker in effect, but it's a handgun. They do make, I believe, a rifle as well. But basically, it fires by compressed CO2, and it fires a ball that can contain OC (Oleoresin Capsicum), which is essentially the mace or pepper spray type irritant. It's launched and can be used. Basically, we call them pepper ball guns or pepper ball launchers. So, the question is, are Byrna-type pepper ball guns or pepper ball launchers Jersey legal? They're powered by air, but is it an air gun, and you get into all this stuff. And what about carrying it and using it for self-defense, etc? Evan Nappen 01:58 When we start looking at the Jerseys laws, we see that there's one thing that the Jersey legislature specifically has said is good to go for self-defense. And that is a tear gas spray under three quarters of an ounce. So, if the container is under three quarters of an ounce and it sprays, Mace, pepper spray, tear gas, etc. Sometimes it's called tear gas, but it really isn't tear gas. Really, it's more pepper spray today, capsicum, etc., OC. If it sprays that irritant and it's under three quarters of an ounce, it's legal for you to carry that in New Jersey. Beyond the three quarters of an ounce, it becomes prohibited. The Byrna fires a pepper ball. So, it's kind of like a paintball with the substance in the paintball. So, when it hits the person, it disperses, kind of blowing up with an entire shower of the irritant. And that's the idea behind it. Evan Nappen 03:22 So, our good friends at WeShoot, the indoor pistol range in Lakewood, wrote to the State Police (Firearms Unit) and asked them whether the Byrna pepper ball gun is in compliance with Jersey law, and they wanted to know if they could sell these devices. And what New Jersey law might have to say about that since they discharge pellets filled with pepper powder. They asked for clarification on the Byrna. The State Police (Firearms Unit) responded through their administrators for New Jersey Firearm Dealers, where you're able to request such questions. The State Police (Firearms Unit) answer is as follows. First, they sent the definition of firearm. (N.J.S. 2C:39-1f.). The definition of firearm in New Jersey is any handgun, rifle, shotgun, machine gun, automatic or semi- automatic rifle, or any gun device or instrument in the nature of a weapon from which may be fired or injected any solid projectable Page – 2 – of 7 ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Evan Nappen 05:31 So, we start with that wonderfully clear definition of a firearm. And it's just so narrow and well defined in Jersey. And what the state said is as follows. The Byrna may not currently meet the definition of a firearm. May not. May not. They actually said that. I'm not kidding. It may not meet the definition of a firearm, and therefore, is not currently regulated in New Jersey. Well, I would think if it doesn't meet the definition, it wouldn't be regulated. And if it does, it would be. But here it may not be. It may not, it may not. And because of that, it's not currently regulated. Okay, well, they have stated positively that it's not currently regulated. Then they say in the affirmative, the Byrna is legal to own in New Jersey with only the OC, and inert projectiles. They are not legal to be used with solid kinetic projectiles. Dealers shall not sell solid projectable training ammo with it. This is in bold from them now. You should use due caution and be aware that it can easily be mistaken for a firearm; therefore, you should not open carry it. If used unlawfully, you may be charged with an imitation firearm. Then they go on to say. Also, keep in mind state and federal gun laws change often. The information provided above is meant to be a general guideline and should not be considered legal advice. Evan Nap

Episode 170- Can You Dog Lose You Your Gun Rights? Also Available OnPodcast TranscriptGun Lawyer Episode 170 SUMMARY KEYWORDS new jersey, emotional support animal, gun, law, holster, second amendment rights, evan, good, dog, problem, case, carry, fact, gun rights, mental health, folks, qualification, range, expungement, called SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, can your dog cost you your gun rights? You better believe it. You better be careful and understand some of these crazy, weird things that I constantly encounter practicing gun law in the DPR, NJ. That’s the Democratic People’s Republic of New Jersey, of course. I’m going to tell you about some things you need to be aware of. And, of course, we have the great Gun Owner Fuck Up of the week at the end of the show. So, you can learn on the cheap, from others’ mistakes, and hopefully not repeat them. Now, one of the things that I’ve come into contact with, more than once, believe it or not, is the impact of having an emotional support animal, which is normally an emotional support dog. But, of course, it could be other animals. I think they can certify others. I heard someone tried to bring their emotional support horse on a plane but that didn’t go well. And there is the classic emotional support alligator, but that’s not really what I’m dealing with. Usually, they’re emotional support dogs. Evan Nappen 01:47 I’m sure there are people for which emotional support animals work really well. They’re very important, and they seem to be effective. They seem to help greatly with a lot of folks that have various conditions, whether it’s PTSD, or anxiety or whatever. I get all that. Hey, I have a dog. I love my dog. I don’t have an emotional support dog. But I get a lot of joy and love out of my dog. As a matter of fact, I have an American Pit Bull Terrier, if anyone’s interested, a pure breed brindle. Oh, he’s just the best, and his name is Zeus. We love Zeus. Zeus is a great name for a pitbull terrier. Except, we did discover that if you’re outside calling for him, your neighbors may be wondering why you’re yelling for Jesus in Spanish, by saying, hey Zeus, hey Zeus. They may think you’re a little crazy. But it works out. And you know, I love dogs. I love my cat. I get it. Evan Nappen 02:58 But the problem is if you get an emotional support animal, an official, registered emotional support animal. In order to get that official registration or to have it be a medically approved type of animal, then you’re going to have to have a mental health professional give you a certification. Now there’s a number of folks that like to get an emotional support animal, registered and all, because there are certain protections that one can have under the American with Disabilities Act. To some degree, it is possible for some folks to have an emotional support animal and be able to have an animal in an apartment where they might not otherwise be allowed to have an animal because of the ADA regulations. I’m not Page – 2 – of 8 here to discuss the pros, cons or legal ins and outs of that being effective or not. But I know it’s out there, and I know a number of people think about it. Evan Nappen 04:21 The problem is if you get that certification from a mental health professional and it’s a doctor or a psychiatrist, or it’s emotional support for other psychiatric conditions, then what happens is you now, in New Jersey, end up having to deal with that infamous question about have you ever been treated or observed for any mental condition. An emotional support animal ends up making that a yes. And if that’s a yes, now, in New Jersey, that’s going to be something that they’re going to weigh in whether or not you’re going to get your Firearms ID Card, your pistol purchase permit, your carry permit, etc. In order to overcome that, you are going to need another doctor’s letter or report or other medical proof that you’re not suffering from that particular disease or disability, for which you have that emotional support animal for, in such a way that would make it unsafe for you to handle firearms. Now you’ve created another hurdle for you to exercise your Second Amendment rights. Some people may absolutely need that emotional support animal, and if you need it, you need it. And if it’s a hurdle, then it’s a hurdle. You will have to overcome it the way I said. But if it’s something that you maybe could do without, safely without a problem, then maybe you should consider its impact. Evan Nappen 05:57 Because in New Jersey, not only is it going to become something that they can then make you out to be a danger to yourself or others, public health, safety, welfare, etc, or pry further into mental health issues. An

Episode 169-Is Carry While Hunting now Legal? Also Available OnPodcast TranscriptGun Lawyer Episode 169 SUMMARY KEYWORDS gun, firearm, new jersey, hunting, expunged, carry, expungement, law, bill, handgun, person, state, prohibit, substitute, folks, fighting, covert, record, lawyer, rights SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, we have some breaking news to discuss, and it’s taken an interesting turn. You’re going to want to understand this fully, which is apparently quite difficult to do if you’re simply relying on internet sources. So, I’m going to give you the straight scoop, and I’m going to explain what’s happening. You may have heard that you can carry a handgun if you have a Permit to Carry in New Jersey while hunting. You may have heard this, and you may have even heard that Governor Murphy actually signed this legislation. As a matter of fact, if you go to Governor Murphy’s website, the official website, the official site of the State of New Jersey, it says Governor Murphy takes action on legislation. (https://nj.gov/governor/news/news/562024/approved/20240116m.shtml) There are a whole bunch of various bills that he signed into law. Evan Nappen 01:17 One of these bills listed there, almost shockingly, says ACS for the Assembly Committee Substitute for A-5495, which is the Assembly Bill 5495, and the Senate Committee Substitute for S-3846. So, it is essentially Assembly Bill A-5495. (ACS for A-5495/SCS for S-3846 (Danielsen/Scutari, A.M. Bucco) – Clarifies types of firearms allowed to be carried or transported while hunting) And who sponsored this legislation? Well, good old (Joe) Danielsen. You may recall Danielsen as the author of the Carry Killer bill in New Jersey. The one we’re battling as we speak. The one trying to limit all our gun rights, limit where we can carry to defend ourselves and our loved one and try to limit our Second Amendment right to not be victims, but rather, defenders. Yeah, that guy. He sponsored this bill because he’s taken, obviously, so much heat and so much criticism. He would say, oh, he’s not against hunting, and he’s not against guns. This is just a logical thing to do. Evan Nappen 02:32 So, here’s this bill that “Clarifies the types of firearms allowed to be carried or transported while hunting.” Now that is what’s on Murphy’s website. And lo and behold, when you go to the bill, Assembly 5495, the original bill, and this bill was introduced by the way back in May (2023), I believe. Let me see if I can find the exact date of introduction. Yes, May 11 (2023), my friends, May 11. And what did it say on May 11 when this bill was put forward by Danielsen? Well, it is in the R.S. and under Chapter 23, the Fish & Game Code. It does make modifications to when deer hunting, and it talks about you know, cleans it up, you can only use a firearm that’s prescribed by the State Fish and Game Code while Page – 2 – of 9 hunting deer. Okay so far. Then you know that you cannot have or possess or under your control any shotgun or muzzle loader at any time while hunting with a bow and arrow. Okay, fine. Evan Nappen 03:57 But then it has this paragraph. This paragraph says, Nothing in this section shall prohibit a person engaged in hunting for wild deer from carrying a handgun if that person has obtained a permit to carry a handgun pursuant to Chapter 58 or is otherwise authorized to carry a handgun at all times in this State pursuant to N.J.S. 2C:39-6. That would be the exemptions for law enforcement and what have you. Provided that the person does not use the handgun to hunt wild deer. A person who has obtained a permit to carry a handgun issued pursuant to (N.J.S. 2C:)58-4 and carries a handgun pursuant to this section shall maintain the permit on their person in accordance with section six of the law, blah, blah, blah. So, guess what? That’s really great, right? That makes it crystal clear. While hunting deer, you can have your handgun on your person as long as you’re not using that handgun to hunt deer. Evan Nappen 05:00 Then the law goes on to state in another section that deals with carrying a handgun while hunting, talking about all kinds of other game, any type of swans, geese, or brant and river and sea ducks. On and on. Hunting every creature that walks or crawls or swims. It lists here, you know, wild turkey, prairie chickens, rabbits and squirrels and on and on. Then it says,”The provisions of this section shall not prohibit a person from carrying a handgun if that person has obtained a permit to carry a handgun issued pursuant to N.J.S. 2C:58-4 . . .” Right, that’s where we get our carry permits from. “. . . or is otherwise authorized to carry a handgun at all times in this State pursuant to N.J.S. 2C:39-6 . . . ” The exemptions. ” . .

Episode 168-The Gun Registration Trap Also Available OnPodcast TranscriptGun Lawyer Episode 168 SUMMARY KEYWORDS new jersey, gun, registration, firearm, possession, acquisition, possess, registered, state, unlawful, law, years, pistol, police, handgun, involuntary, exemptions, permit, firearms, expungement SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. The registration trap. That’s right, that’s what New Jersey has laid for gun owners. A trap in the form of registration. Now, registration is a trap because, as we’ve discussed many times, registration is a piece of the plan. By getting registration, they then get to know where the guns are and that’s why we see the four words that we all know. Legislation, Registration, Confiscation then Extermination. That’s what has been repeated throughout history. Every major Holocaust was preceded by those events and others, but that was always part of it. Get the guns away from the people that are going to be the genocide victims. So, we don’t want to go down that path. Registration leading to confiscation, whether there is a follow up of genocide or not, is still no good. Because it is our Constitutional right to keep and bear arms. We want to keep our rights, and we want to be able to protect ourselves and our family. Evan Nappen 01:37 So, what is the deal with registration in New Jersey? Well, I want to tell you right now the Gun Owner Fuck Up of the week. I’m going to tell you now. Usually, I save it until the end of the show, but I just want to tell you right now. The GOFU is registration doesn’t fix it. Okay, registration will not fix a problem regarding the legality of your gun possession. And that is because registration is not a component, legally, of gun possession in New Jersey. This is a common misconception. In New Jersey, registration is voluntary. It’s voluntary unless you’re purchasing a handgun in New Jersey. Then you need a pistol purchase permit, and the pistol purchase permit is a form of register. But the only thing that gets registered is the purchase. It’s not a possession registration. It’s a purchase registration. Meaning at that moment in time, you made a purchase and that purchase got registered. But there’s no charge in New Jersey of possession of an unregistered gun unless you happen to be a new resident. Evan Nappen 03:21 If you just recently moved here, Murphy mandates that you register your guns when residents do not have to and get a Firearms (Purchaser) ID Card. But we’re not talking about the new residents where there’s a mandate on them to have to actually register their guns. There’s no mandate on current residents and on individuals to have their guns registered. If you possess an unregistered gun in New Jersey, there’s no crime for that. There’s no charge. There’s no criminal charge of possession of an unregistered gun. There’s just unlawful possession, and unlawful possession isn’t whether or not your gun is registered or not. That has nothing to do with whether your possession is lawful or not. Lawful Page – 2 – of 7 possession depends on either (a) you have a license, meaning for a handgun, a carry permit, not a permit to purchase. That doesn’t allow you to have possession. That just lets you buy the gun. A permit to carry can cover you for a possession charge. If it’s a long arm, you need a Firearms ID Card. That’s the license that applies to your possession of a long arm. Evan Nappen 04:55 Now if you don’t have the license(s), can you still possess guns? Yes, you possess guns by way of the exemptions. The exemptions are found under N.J.S. 2C:39-6. Particularly subsection e. says possession in one’s home, and subsection f. of 2C:39-6 is possession at the target range or while hunting. The e. exemption also includes place of business and going to get your gun repaired, etc. Those are the exemptions. So, you can possess firearms in New Jersey under the exemptions without a license. Then if you have a license, you have broader ability to possess, but registration has nothing to do with it whatsoever. Nothing to do with it. People have this misunderstanding that if they register it, it’ll fix whatever the problem is. If they have unlawfully acquired a firearm, let’s say, well, I’ll just go register it. Well, if you go do a voluntary registration, all you’re doing is incriminating yourself to the unlawful acquisition that you made. It asks where you got it and when you got it. Right? Boom. Now you’re making a self-incrimination that you had no reason, obligation or basis to do because you thought registration would fix it. Well, there’s nothing to fix that registration can address. So, you don’t want to do that. Evan Nappen 06:42 Instead of incriminating yourself with a

Episode 167-Gun Safety Lies Also Available OnPodcast TranscriptGun Lawyer Episode 167 SUMMARY KEYWORDS gun, revell, firearm, safety, law, lies, consent, criminals, newark, new jersey, gun safety laws, gun owner, lawyer, gun rights, evan, protect, talking, bus, great, won SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, if you listen to the news, you’re reading the headlines, you’re watching the propaganda machine, and what do they always talk about? Gun safety laws. Every time they propose some law that’s going to take away our Second Amendment rights, turn us into criminals, restrict us in some way, it’s always a gun safety law. But these gun safety laws, they’re basically lies because it has nothing to do with gun safety. So, gun safety laws are gun safety lies. And every time you hear some politician bloviating about gun safety laws, think gun safety lies. Every time they try to push any anti-gun agenda and label it as a gun safety law, you know it’s a gun safety lie. And that’s what they do. They constantly lie and distort because that’s the only way they can get their anti- gun rights agenda through. By fooling the people, lying, and gaslighting us. They are constantly gas lighting over gun safety, when it has nothing to do with safety. Evan Nappen 01:55 In fact, their gun safety lies are the opposite. Their gun safety lies make us less safe. Their gun safety lies want to, for example, restrict where we can carry a gun to defend ourselves and our loved ones. “Oh, those are gun safety laws.” No, they’re gun safety lies. Sensitive places are not a gun safety law. It’s a gun safety lie because it takes away our safety with a gun in the name of safety. I mean, it is absolute Orwellian what these people are doing, and we can’t let them get away with it. I’ve been hearing lately about California’s sensitive places. You hear them on TV. “Oh, yeah, these are gun safety laws. Why would anyone need to have a gun when they go to the supermarket? Just bring your bags.” Yeah right. Because they don’t allow you to have bags at the supermarkets in California even. That’s what they’ve done, banning everything that walks or crawls. But no, bring your bags. But you don’t need a gun. No, you need a gun to protect yourself from all the criminals that are at the food store, particularly in California. Evan Nappen 03:18 “Oh, you don’t need a gun when you go to the mall. You just need your credit card.” I swear to God, that’s what the guy said. This is a gun safety law. No, it’s the gun safety lie. Because when you go to the mall that’s where there’s an attack, at the mall, and that’s when you’re going to need your gun more than ever for your safety, your family’s safety, to protect yourself and others. This promotion of gun safety laws as gun safety lies. You see it every time. You know, a magazine ban. “Well, that’s a gun safety law.” It’s not a safety law when you’re restricting how many rounds I can have to defend myself. Page – 2 – of 6 You’re telling me that my life isn’t worth a couple more bullets or whatever I feel I need to protect myself. You’re taking away my safety. It’s a gun safety lie. And now more than ever, we need magazines that can hold lots of bullets because you know with home invasions it’s not one person breaking into a home. It’s multiple assailants. Four, five or six assailants coming into your home. You better have lots of firepower to handle that. And not only that, criminals today are wearing body armor. It’s going to take more than one round. You’re going to have to hit where the body armor isn’t, when you realize that’s what they’re wearing. You need firepower. “Oh, but a gun safety law that restricts magazine capacity.” Yeah, safety for the criminal, not safety for the law-abiding defender. Evan Nappen 04:52 It’s a gun safety lie sold as a gun safety law. We have to keep calling out these people. Every time they have a proposal, “assault, firearms, that’s a gun safety law. We don’t want those guns that only have one purpose but to kill hundreds of people. We’ve got to have gun safety. Those are not safe.” Well, of course, it’s, other than being one of the most popular rifles there is, modern sporting rifles, you know, the AR platform. But it also provides safety and security to law-abiding individuals who should be able to have the firepower and the stopping power to be able to protect themselves, their families, and their state for that matter. I mean, you know, the paragliders in Israel should about say it all. Maybe the difference here is they don’t need paragliders. They’re already he

Episode 166-The Top 10 Most Produced Guns In The World Also Available OnPodcast TranscriptGun Lawyer Episode 166 SUMMARY KEYWORDS gun, guns, law, revoke, calibers, new jersey, lawyer, firearm, carry, glock, mossberg, state, mistake, gun laws, remington, model, design, glocks, ptc, evan SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Today we’re going to do a top 10 countdown. I guess at the end of the year, it’s traditional to do these top 10 countdowns, and we’re going to do it on something that we all love. We’re going to do it on guns. Now, I’m going to give you a chance even before I start this. We’re going to talk about the top 10 most produced gun models in the world. What are the top 10 gun models ever produced in the world? Now before we do the list, you right now ask yourself, what gun do you think is number one? What do you think is the most produced gun model ever in the world, of all world production firearms? What gun do you think is number one? Evan Nappen 01:11 Let’s take a look at the top 10. And let me tell you where I’m getting this information from because it’s a really great article. It’s from an article from The Rock Island auction newsletter. (https://www.rockislandauction.com/riac-blog/most-produced-gun) So, if you don’t know Rock Island (Auction Company), they’re really cool. They got some beautiful guns. They do great auctions. They’re not a sponsor of the show or anything. I just happen to be an admirer of RIA, and I subscribed to their newsletter and it’s free. So, you may want to do the same. This article was in their newsletter, and I really got a kick out of it. It is entitled “Most Produced Gun Models”, and it’s written by Joe Engesser. I’m sorry, I’m screwing up his name, but Engesser. We’ll just call him Joe. But, anyway, Joe wrote this great article. Now he actually talks about 25 most, but I just want to do the top 10. Evan Nappen 02:08 Let’s start with what gun is number 10 of the most produced models in the world. The number 10 spot is, believe it or not, folks, the Marlin Model 60. That’s right, the Marlin Model 60 .22. As you may know, Marlin billed it and sold it as the most popular .22 in the world. And in fact, it is. Yet that gun, for years and years, since May of 1990, until believe it or not the Murphy administration of all things, when they passed the magazine ban, when they lowered it from 15 to 10 rounds. So, they want to restrict the ability to defend ourselves because, you know, they don’t think your life’s worth more than 10 bullets. You know, sorry, that’s it. Your life’s worth only 10.Well, when they passed that, interestingly because the .22 Marlin Model 60 had been banned as an assault firearm, it was an embarrassing mistake for the anti-gunners. So, they actually, believe it or not, repealed tube fed .22s because I used to harp on them about the Marlin Model 60s. I would hold that up and say, this is an assault firearm in Jersey. You know, with the little squirrel logo in the grip. It’s an assault firearm in New Jersey. It was great because Page – 2 – of 8 it just showed how stupid it was. The law, of course, is still really stupid. But that one they just couldn’t take it anymore, I guess. They actually repealed the ban on the most popular .22 and a gun that makes the top 10 of all models ever produced in the world, the Marlin Model 60, and New Jersey banned it. That’s right, over 11 million Marlin Model 60s , 11 million Marlin Model 60s out there. This gun was introduced in 1960, and you know, it is currently out of production now. After all those years, it is now out of production, but it’s still one of the most common guns in the U.S. Evan Nappen 04:35 So, what is number nine? Number nine in our countdown here is the Remington 870 shotgun. Boy, how many of us have had Remington or still have Remington 870s? And that gun, boy, what a classic of all classics? The 870 pump shotgun – 11 million plus, well over 11 million Remington 870s. It was introduced in 1950. I even have one of the old Remington 870s with a corn cob forearm. It is really cool with the 1950s corn cob on there. The guns are just workhorses. Wonderful, beautiful, great American classics. It is number nine on the list of most produced gun models in the world. But guess who beats that pump shotgun? Guess who beats the Remington 870? None other than the Mossberg 500. That’s right. The Mossberg 500 is over 12 million of that incredible shotgun. What a tough, reliable shotgun, the Mossberg 500 is. I have really put the Mossberg 500 through all kinds of torture testing, you know, just having fun and shooting it. They are tough, they last, they’re sturdy, and they work. Great design and a fun gun to shoot. You know, there are so ma

Episode 165-NJ Protects The Unborn, No Really! Also Available OnPodcast TranscriptGun Lawyer Episode 165 SUMMARY KEYWORDS new jersey, gun, individual, state, guns, firearm, law, pregnant, carry permit, lawyer, gun laws, great, protect, breastfeeding, prohibited, permit, attestation, compliant, new mexico, submit SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, I have some very exciting news, and this is just kind of breaking news. New Jersey is actually going to protect the life of the unborn and of the mother. I know you might find that surprising to hear in a state like New Jersey, but yes, they actually have stepped up to the plate to protect the life of the unborn and of the mother. Let me tell you how and why that’s happening. It actually relates to guns, which is why we’re talking about it on Gun Lawyer. On December 21, (2023), the Attorney General released a Memorandum, and this memorandum applies to the CCARE, the requalification, which must be completed by December 31 (2023). Remember, it’s been extended. If you have a New Jersey carry permit, you have to put in that requalification certificate that you met the CCARE protocols or that you met the handgun qualification course protocols and that it meets the re-certification standard. This has to be submitted by December 31, (2023). You have to have that new signed certificate. If you do not have that on your previously issued carry permit, then your license will become void. You will be essentially carrying with a voided carry permit, and then your local police department will be knocking on your door. It is not going to be good. So, make sure you meet this deadline. Evan Nappen 02:06 However, if you are pregnant or breastfeeding, then the state of New Jersey, through the great efforts of our state Association and a good friend and colleague, Dan Schmutter, and I’ve helped out here as well I’m proud to say, we were able to get a temporary exemption placed to the deadline for individuals who are pregnant or breastfeeding. Now notice I said “individuals” and that’s because that’s exactly what New Jersey calls it. New Jersey did not say pregnant and breastfeeding women. No, no, no, no. They said, “pregnant and breastfeeding individuals”. Let me read you what it says. “The State has received inquiries regarding pregnant and breastfeeding individuals and the ability to safely complete the CCARE protocol.” So, the good news is if you are a pregnant or breastfeeding woman or man, if you are pregnant or breastfeeding man, you can also take advantage of this temporary extension. That’s right. And what does it say? It says: “Issuing agencies shall grant temporary accommodations for these individuals . . . , right? Not women, individuals. So, don’t worry about biological distinctions here. None of that is of any concern. If you’re pregnant and breastfeeding, then you may be able to take advantage of this requirement. I’m sure if you are in fact a biological man who is pregnant and breastfeeding, the last thing in the world New Jersey would ever do is challenge you on that. So, keep that in mind as to how this extension works. Page – 2 – of 7 Evan Nappen 04:05 “. . . if they have previously successfully completed a live-fire test . . .”, okay, so if you previously completed that test, “. . . and otherwise satisfy the requirements of N.J.S.A. 2C:58-4, but are temporarily unable to complete an updated live-firing test at a firearms range without risk to their own health or the health of their fetus or child.” Notice their health or the health of their fetus or child. “To request such an accommodation, such individual shall submit a written attestation from their treating physician to the issuing agency as to the following (all four components are required): ” Ready? “1) Identifying the individual’s temporary medical status or condition, and stating that participating in a live-fire test at a firearms range would pose a risk to the individual’s own health or the health of their fetus or child; 2) Protective measures, such as but not limited to face masks, gloves, or noise-cancelling headphones, and/or choosing to complete the test at an outdoor range facility, would not mitigate the risk; 3) The individual’s medical status or condition is not one that would prevent the individual from otherwise safely handling a firearm under N.J.S.A. 2C:58-3(c)(3); and four (4) The expected duration of the temporary disability. Such individuals must still also submit a certificate from a certified firearms instructor certifying that the individual has successfully completed the Use of Force Training for Private Citizen Concealed Carry. However, the instructor should indicate on the certification that the course-of-fire qualification was not co

Episode 164-NJ Makes It Easier to Prosecute Gun Owners Also Available OnPodcast TranscriptGun Lawyer Episode 164 Page – 1 – of 8 Gun Lawyer — Episode 164 Transcript SUMMARY KEYWORDS new jersey, firearms, gun, law, culpability, gun owners, marijuana, carry, knowingly, great, prosecute, regulatory provisions, disregard, terms, reckless, conduct, exemption, book, prohibited, place SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, I have some breaking news about a bill that’s halfway through the legislature. This bill is designed to make it easier to prosecute gun owners throughout New Jersey, and I’m going to explain in detail how this works. It’s done in a sneaky way. It’s promoted, of course, without mentioning that that’s actually what it does – big surprise. If you don’t understand how criminal law works, you might not understand why this does what I’m going to explain to you. But after I’m done explaining it to you, I’m sure you’ll see the light as well. Now, this is something that we have to be very concerned with. It is why we constantly have to be vigilant, especially in New Jersey, as they attempt in multiple ways to disenfranchise us of our Second Amendment rights, turn us into criminals, and make it easier to cost law-abiding citizens their rights and their freedom and destroy their lives using criminal law. It’s what New Jersey does. Evan Nappen 01:38 So, what we have here is, is a bill that has been put forward, and you can see it as Senate Bill 3085. (https://legiscan.com/NJ/text/S3085/2022) What this bill purports to do and says in the synopsis is, “Expands culpability requirements for firearms trafficking offenses and violations of regulatory provisions relating to firearms.” What does that mean in English? Let me tell you what it means in English, “expands culpability requirements”. Now, what is a culpability requirement? (N.J.S. 2C:2-2. General requirements of culpability) Why is it so important? What does that have to do with anything? Well, you see, folks, “culpability requirement” is the fundamental element in a criminal prosecution. It determines what standard and burden of proof the prosecutor is going to have to show in terms of your mens rea, or your mental state, your mental state. This is very important, and it’s critical anytime you deal with a criminal charge. So, let me explain it further. Evan Nappen 03:12 When someone’s charged with a criminal charge, the standard of culpability is normally set at either “purposely”, so that the criminal act had to have been done purposely, or at a lower level than purposely but still requiring intent is “knowingly”. Purposely, in New Jersey, means a person acts with purpose, with respect to the nature of his conduct as a result thereof if it is his conscious object to engage in the conduct, okay, to cause the result. It’s a requirement that you meant to do it. You did it on purpose. I think we can all wrap our heads around that. When you commit a crime purposely, when you intentionally commit that crime with purpose. Fair enough. The level below purposely is called Page – 2 – of 8 “knowingly”. So, you can be convicted, and many crimes require the culpability standard of knowingly. The prosecutor there would have to prove that you acted “knowingly” with respect to the nature of the conduct or with the attendant circumstances that you were aware of your conduct is of that nature, or that such circumstances exist, or that there’s a high probability of their existence. A person acts “knowingly” with respect to a result of the conduct if he is aware that it is practically certain that his conduct will cause such a result. “Knowing”, “with knowledge” or equivalent terms have the same meaning in the statutes. Evan Nappen 05:08 Normally in criminal cases we’re dealing with purposely or knowingly for the commission of the crime. But here, New Jersey is lowering the culpability standard to “recklessly”. Recklessly does not require purpose or knowledge. It doesn’t require that knowingly, purposely. No. Now we’re talking “recklessly”, and recklessly is lesser of a culpability requirement. And what it says is, “A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.” Okay, so it’s a conscious disregard of the risk. The risk must be of such nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable p

Episode 163-Run, Hide, Fight Also Available OnPodcast TranscriptGun Lawyer Episode 163 SUMMARY KEYWORDS gun, active shooter, fight, holster, firearms, carry, denial, places, new jersey, mri, handgun, denied, license, government, ban, talk, great, rights, protocol, hospital SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, we had another one of those so-called mass shootings. For some reason we see these things, and they get a lot of exposure in the media. It’s always amazing how these things occur right when they’re attempting to push assault weapon, so-called assault weapon, bans in the Government. But look, putting aside the coincidences of why that always seems to be the case, one of the things that was interesting here with one of these latest shootings that occurred on the campus of Las Vegas. Apparently, a message went out, a text message, went out. The text message that went out is something that is protocol that many universities have, and I started looking into where they got this. The message that went out to everybody was “run, hide, and fight”. That’s the message. Run, hide, fight. Everyone gets this mass text because of an active shooter to run, hide, fight. Evan Nappen 01:53 So, I started thinking about the “run, hide, fight” concept, and it’s not bad advice really. I’m not saying it is. The interesting part is that you can run, and you can hide, but what are you going to fight with? What are you going to fight with in these victim disarmament zones? In these places, like educational institutions, where guns are banned? Run, hide, fight is great. Except it would be nice if you have the tools you need to fight. And, you know, looking into this, “run, hide, fight” stuff, where does this come from? Run, hide, fight. Who gave this advice? Who said, hey, part of your protocol should be run, hide, fight? Make sure everybody knows. I’ll tell you where it comes from. FEMA. That’s right. FEMA. You can go to FEMA’s website, and they have an entire protocol set up called “Active Shooter”. Evan Nappen 03:09 What does FEMA say on “active shooter”? It says, recent national tragedies remind us the risk is real. Taking a few steps now can help you react quickly when every second counts. So, the federal Government has set up protocols for active shooter, and what does it say? It says, be prepared for an active shooter. No, it says “Quick Facts”. Quick facts for active shooter. It can happen anywhere. It can happen anytime. Hey, that’s really helpful, isn’t it? Okay. All right. Well, it can happen anywhere, and it can happen anytime. The next section says, “Protect Yourself Key Messages”. What’s the number one Protect Yourself Key Message? Run, hide, fight. So, our Government advises you that when there’s an active shooter, you want to run, hide, and fight. At the same time, they actively pursue making it so we don’t have the tools to fight! I mean, it is so much hypocrisy and stupidity. We have the government Page – 2 – of 7 putting out protocols saying to fight, and yet they want us to be disarmed and to be victims of these atrocities. Even though they encourage us to fight. Evan Nappen 04:52 Well, if you really want us to fight, let us have the tools to fight. Do you know what tools are great to have ready to fight? I’ll tell you what’s great to have to fight. Guns! Handguns with really big magazines just full of bullets so we can shoot back. You know, kind of like the word fight. Like that. How about any other tool of self-defense that you deny us, that you impose these absurd and extreme licensing requirements on us, that you constantly create these so-called sensitive places. These victim disarmament zones that active shooters purposely target, which makes it really hard to run, hide and fight when you can’t fight. This kind of stuff gets really depressing when you see how the Government puts out these websites with helpful advice and helpful information and then creates barriers to actually maybe, you know, follow their advice. Evan Nappen 06:13 When you look at this website, it talks about under research, they actually did research, for “Protective Actions”, it says “Know Your Risk”. It talks about recent national tragedies, active shooters, and individuals engaged in attempting to kill people in a confined space or populated area. Active shooter events can happen anytime. Active shooter events can happen anywhere. An active shooter is an individual actively engaged in killing or attempting to kill people in confined and populated areas. In most cases, active shooters use firearms, and there is no pattern or method to their selection of victims. Gee, how would we fight this active shooter who is armed with firearms? Hmm, maybe we shou

Episode 162-A Sensitive Place Where You Should NEVER Carry Also Available OnPodcast TranscriptGun Lawyer Episode 162 SUMMARY KEYWORDS gun, firearm, new jersey, handgun, jersey, boyd, carry, gun laws, state, resident, brace, guns, atf, law, gun owner, pistol, great, ban, article, federal law SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer, the number one gun rights podcast in the world as rated by Feedspot. Hey, we have, of course, the GOFU at the end of the show, which is the Gun Owner Fuck Up of the week, an extremely popular segment that we do. But before we get to that, I want to talk to you about what is absolutely the most sensitive place that a person should never, never carry. This was revealed in a recent article. The article here, which I’m reading from actually, was on Fox News’ website, and the reporting is done by Landon Mion of Fox News. The title of the article is “Indiana man found with handgun hidden in his rectum after being taken into custody”. (Fox News, published November 29, 2023) This is something that, when we want to talk about sensitive places, I think this one wins a prize. It should probably be on New Jersey’s Carry Killer Bill, and I don’t think any gun owner would object to that prohibition. As a matter of fact, if you weren’t a gun owner who objected to that prohibition, then maybe you shouldn’t be a gun owner. Evan Nappen 02:04 This is, you know, even notwithstanding any ammosexuals, and I’m sure you know what an ammosexual is from our famous podcast but ammosexuals. They are individuals who have a great love of firearms and zealously defend the Second Amendment. I am an ammosexual as well. But even given that I am such an ammosexual, I would never carry in that sensitive place for sure. Now, this article is very interesting because you might think, hey, what gun was actually stored in this sensitive place by this person? His name is Christopher Boyd, and he is 32 years old. Do you think it might have been maybe like a North American Arms mini revolver, maybe? Or maybe some single shot .22 caliber Deringer? Nope, not Mr. Boyd here. According to the article, he had a Smith & Wesson Bodyguard .280 up his ass. Now, I have to say that that is impressive. It truly is, folks. You have to admit that is impressive because that is not a small cylindrical firearm. This is, you know, a pocket pistol agreed. But it’s a semi-auto .32 pocket pistol. This is like the size of an LCP or a Kel-tech. You know, one of those kinds. I mean, this gun is painful, and I am just amazed where this was found. Evan Nappen 04:21 He’s an Indiana ex-convict, who was prohibited from carrying a firearm. I bet he is. He had it hidden, according to the article, in his rectum, and when he was booked into jail, he underwent a body scan and a strip search. He was a passenger in a vehicle which the police pulled him over for an obscured license plate. I guess that wasn’t all that was obscured. When the police patted down Floyd, the article Page – 2 – of 8 says they discovered a small bag with multiple pills in his right sock. Isn’t that where you always keep your medications? According to the police report obtained by The Smoking Gun, Boyd claimed the pills were Percocets, and he claimed that he had them because he had pain from a bullet lodged in his spine. So, he had pain from a bullet lodged his spine but not from a gun lodged in his ass. Or maybe the Percocets was like an aid to carrying in this manner. I mean, under Jersey law, I have to admit, that is not a legal holster. And it’s not only on one’s person, it’s in one’s person. To be a legal holster, yes, it covers the main body of the firearm, and it covers the trigger guard. But it has to be, you know, adequately secured to the body, and I don’t think in the body counts. I’m talking about inside the waistband not inside your ass. This is crazy. Evan Nappen 06:08 Boyd also said during the search that he couldn’t spread his legs because of his spinal injury. Oh, that’s a good one. Yeah, can’t spread his legs because of the spinal injury, you see. Then they said, while searching Boyd’s groin area, he tensed up. Oh, my God, he clenched. He clenched because of the Bodyguard in his ass. Oh, my god. The suspect was asked, if he had “anything stuffed in his groin or buttocks”, the report noted, but “Boyd stated that he did not.” He didn’t. He said he didn’t is what it says. He denied this. But a strip search revealed two plastic bags containing marijuana “tucked next to Boyd’s scrotum”. Man, this guy is tucking weed under his balls and a gun in his ass. Amazing. The article notes that recreational marijuana remains illegal in Indiana. So, I guess in Jersey, you could carry marijuana under your balls. It&#821

Episode 161-Don’t Get Scammed Also Available OnPodcast TranscriptGun Lawyer Episode 161 SUMMARY KEYWORDS gun, new jersey, give, pay, gun owner, attendant, diamond, buy, jersey, ammo, payment, bb gun, state, gift, account, purchase, con, buyer, shoot, guns SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hey, I’m Evan Nappen, and welcome to Gun Lawyer, the number one rated gun rights podcast in the world. And that’s by Feedspot, who rates such things. Today I want to share with my listeners some very important lessons, not just the gun owner fuckup of the week, which of course I have for you later, but I want to talk to you about avoiding certain scams. Scams that I’m going to explain to you in detail that are taking place, particularly over the internet, in like Facebook Marketplace, or GunBroker, etc., anytime, anywhere. You might be looking to sell something, and then they try this ploy on you. I want you to be aware of it, so that you don’t fall for it. Because now with holidays here, some of you may be looking to sell excess things you have, and you don’t want to get played by these con artists. Evan Nappen 01:32 So, let me tell you about this cute little deal. I put an exercise machine, an old one that we wanted to get rid of, on Facebook Marketplace and Facebook marketplace spots are free. You can list stuff like that and have it set up for local pickup. So, you know, it gets somebody interested in it, somebody gets a good deal, and you get the room. You get the room. So, I put it up there, and I had a call, I think it was there, and it was 200 bucks. And lo and behold, I get a message from this individual who says, hey, I’m interested in your machine. Tell me about it. So, I give him the location, and I just explained things over messenger, you know, it’s like texting back and forth about it. Then they say, I’m going to have my cousin pick it up. They have a truck, but I want to pay you for it. So, do you have Zelle? Or do you have Pay Pal? Right, all the standard forms of internet payment. Now, number one, what I’d rather do is have them just come see it, and they can pay me cash. That way, if they like it, we’re good, and they just pay me on the spot. Evan Nappen 03:15 But instead, they’re like, no, they want to pay online. First of all, the flag should go off if they’re insisting that they pay by way of internet payment. The other thing I said, first off, is send me your mobile phone so we can talk. So that I can explain more of the features and give you better directions or whatever we need to do. But they don’t send the phone number either. Instead, what I get is a message, and it comes via Messenger since this was on Facebook. Of course, it doesn’t have to be done through Messenger. They could pull the scam in any other place. So, it begins as follows. They say right at the beginning, they said okay, what’s your email to send the payment. So, you give your email address. Next thing you know, you get an email sent to your email that purports to be from Zelle or Pay Pal. It Page – 2 – of 7 has the header. It has the logo. It looks legit, like it’s actually from PayPal or Zelle, whichever one you were using. And here’s what it says, folks. It says, we have a problem crediting your $200.00 because the status of your account is not a business user which makes your account have limits. This amount seems to be above your limit. Evan Nappen 05:11 To fully expand your account into a business account and deposit your funds now, here’s how to create a PayPal business account. Again, the same thing is said if it’s Zelle. How to do a Zelle business account. To expand it to a business account, contact your buyer to send an additional payment of $300 or $500, whatever the amount is they want to pick, into your account to expand the limit. As soon as this is done, we will fully credit you with the total of $500, in this case $200 plus $300. I’ll get a full credit, supposedly, of $500. Then it says, Note, this transaction can’t be reversed or cancelled until this process is completed. All transactions are monitored by our agents, and are also insured with a HARDCOVER INSURANCE POLICY, with a registered trademark after it. Can you believe this? So, what happens is you get this, and you’re like, what? They want the buyer to send more money. So, what you do is unsuspecting, they send this to the buyer, and the buyer says, here’s from the buyer, so-called buyer, I use PayPal a lot, and I know how it works. The payment of $200 that I sent to you has been deducted on my end. But, due to the fact that your account isn’t a business, that’s why we got instructions on what to do. And I’ve been through this before. Evan Nappen 06:53 So, I’m dragging them out on this just to play it out and said, okay. And he said, I received the same email as y

Episode 160- Don’t Commit Contempt of Cop Also Available OnPodcast TranscriptGun Lawyer Episode 160 SUMMARY KEYWORDS gun, gun rights, new jersey, prosecutor, judge, state, police, evan, law, gun owner, anti gun, defend, qualify, permit, guns, defender, jersey, house, case, lawyer SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer, the number one gun rights rated podcast in the world, per Feedspot. Hey, we have some interesting things to discuss. And, of course, at the end of the show, we will have the ever popular gun owner fuckup of the week. Actually, what I’m going to be talking about here are some other items that could even possibly qualify as a gun owner fuckup of the week, but it’s not going to be the official ones. But it’s still things that we, as gun owners, need to learn from what happens to others and not repeat what is arguably, their mistakes, or at least recognize that if you do behave the way they behave, it ends up enhancing problems instead of taking away problems. Evan Nappen 01:13 So, let me explain here by starting off with a case that I’m very sympathetic to. But let me tell you what happened here, and you can think about this. Now, believe it or not, it’s not a New Jersey case. Yeah, I know, shock of all shocks. It’s a California case. So, of course, it’s just as atrocious as any New Jersey case. This case involves a Los Angeles father, who’s a wealthy guy, and he lives in a $2 million house. He was attacked on his own property, at his house, by two masked intruders as they tried to break into his luxury home. I am reading this, by the way, getting some of these facts just for all fairness, from the Daily Mail article. (https://www.dailymail.co.uk/news/article-12762001/LA-father-gun-firearm-permit.html) It was written by Aneeta Bhole for the Daily Mail.com. In this piece, it is written that after he defended himself, got into a gunfight, folks, with these masked intruders, defending his five-month-old baby in the house, with a shootout, he is being stripped of his firearm permit by the California authorities. They stripped him of his firearm permit, and do you know why? Why after successfully defending his home and his family and his five-month-old child has California suspended his Second Amendment rights? Ready for that? Because he yelled at the police. That’s right. He blasted, he “blasted the LAPD for ‘sloppy police work’, including their alleged negligence in picking up casings scattered near his home as evidence.” Oh, my god, how dare he criticize the police. I’m sure he was charged with obstruction. How dare he tell them how to do their job. He has no place whatsoever to do such a thing. And of course, that’s contempt of cop. Evan Nappen 03:48 And you know, cops are very sensitive about those things. You can’t tell them or advise them or explain. No, no, no. You’ve got to let them do their job. Period. If you speak up and say nasty things like, hey, you’re missing evidence over there. Or how about the following? Well, then they move to take Page – 2 – of 9 your gun license. Now this is, of course, outrageous. It is a First Amendment right even. It is his ability to communicate after this high stress situation. Oh, well, that is of course, time to take away his gun. Time to take away his gun in this area that has seen an incredible rise in crime. In California itself, which is seeing this ridiculous rise in crime. All this happened, by the way, at his front door. It’s all on camera. And it happens time and time again, as he said, all over the country. The defender. The defender is making this point. Evan Nappen 05:04 Here’s what it says. Listen to this. This was on November 4 (2023), just after Ricci, his name is Vince Ricci, returned to his gated LA home. Two armed men jumped the fence and tried to force their way into his house. Armed men trying to force their way into his house, folks. Footage of the incident reveals the moment in which he is approached by one of the masked assailants at about 7:30 pm. In a swift attempt to defend himself, his wife and his five-month-old and the nanny inside his house, Ricci reached for his gun and started a shootout with the intruders. But he complained about sloppy police work, uh oh. So, even though this is about as righteous as righteous could get for a shoot, even though he saved his family’s life, his baby’s life, his wife’s life, his nanny’s life, his own life and ended up thwarting armed attackers trying to do a hot robbery break-in and who knows what else, kidnapping, who knows. This is what this man is going through. Evan Nappen 06:32 He’s an NRA member and proud of it. As a matter of fact, NRA said that they’re proud to have Vince, his first name is Vince and last name is Ricci, as a fellow NRA member, and cal

Episode 159- Biden or Murphy- Which is the bigger Jerk? Also Available OnPodcast TranscriptGun Lawyer Episode 159 SUMMARY KEYWORDS guns, new jersey, reciprocity, law, biden, insurance, carry, ptc, ban, evan, gun rights, jersey, israel, shoot, folks, lawyer, self defense, called, requirements, statutory framework SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Yes, you are here at the number one gun rights podcast in the world. And that’s according to Feedspot. It’s not just me saying it. The reason I’m number one is because of you, my beloved listeners. Man, I do appreciate you. And that’s no joke. We are getting the message out, and we’re getting the word out. Every day, I get lots of great feedback from you wonderful folks. You tell me how much I’ve helped you and how much you appreciate the show. And that means everything to me. I really do appreciate and love y’all. Today, we have some very interesting things to talk about. Of course, we’re going to have the gunowner fuckup of the week. We have to discuss that, and it is a very cheap lesson that you get to learn. It was very costly for any number of my clients when they made these mistakes, and I don’t want you to make these same mistakes. So, these are critical for you to know. Evan Nappen 01:22 But what we’re looking at now is some very interesting things in the news, and I have some great letters, as usual, that are very thought provoking, to say the least. Now what’s very interesting is at times things appear in the news that are even compare and contrast. So, two stories, articles appeared that make us contrast and raise the very important question. Who is a bigger jerk? Joe Biden or Phil Murphy? Boy, that is a tough question. Who is the bigger jerk? I am not even going to make a call on that one. You folks can think about it. But in that debate, you might have with yourself or others as to who’s a bigger jerk, let’s take a look at their combo jerky things that they just did and talked about here in the news. So, the senile sock puppet, I mean Biden, what he recently did was he gave a very interesting mandate, an ultimatum, if you will, to Israel. Of course, we’re all very much aware of the terrorist attacks on the civilians in Israel, and it’s just a horrific atrocity. I never call it a tragedy. It’s not a tragedy. It’s atrocities. It’s horrific, barbaric, savage, atrocities committed by these terrorists. Looking at the response to that, of course, what? Individual civilians needing to be armed and needing to defend themselves. And, of course, it becomes a very strong case as to why gun rights are so critical and so important. You know. Evan Nappen 03:12 Our senile friend there can’t tolerate anything because of his entire fall back, which is to be anti-gun at every turn, to sell out to the anti-gun interest and the billionaires that are pushing it. He never fails to take advantage of any atrocity that gets committed and to do the blood dance. Now, in this case, he’s in Page – 2 – of 10 a tough position. He does want to alienate the Jewish Democrats, which for some reason, still haven’t seen the light as to the problem with being a Jewish Democrat. When you look at the other folks that are participating in that party with blatant antisemitism, but that’s another issue, and it’s not directly related to guns. But what is directly related to guns is Biden telling Israel that if Israel wants to buy 24,000 “assault rifles” from the U.S., 1000s of M-16s, which they probably mean to say M-4s, of course. The Biden administration said they are not going to approve that sale until Israel guarantees that those guns would not reach civilian outposts in the West Bank, which the Biden administration and its Democrat allies view as occupied territory. This is quoting by the way from the Free Beacon. Evan Nappen 04:43 Look at that! We don’t want the very people who need to have guns to defend themselves from terrorists to have guns. That’s cute, especially dreaded intrinsically evil assault rifles. Well, Israel, of course, is going to do what they’re going to do. It is vital to Israel’s own defense that its people be armed, and they’re independently arming them. But that’s just very interesting to see the Biden Administration taking this position. And it’s not just because of the politics of them trying to balance out their antisemitic, progressive Jew hating, wipe Israel and the Jews off the map, part of the Democrat party, but also because when civilians have the evil, intrinsically deadly, one purpose – only to kill – guns that we call modern sporting arms, that when they have that, and it is used for self-defense that it undercuts their argument in their efforts to disarm us. Especially when

Episode 158-SCOTUS to Examine ATF Overreach Also Available OnPodcast TranscriptGun Lawyer Episode 158 SUMMARY KEYWORDS gun, great, firearm, gun owner, law, new jersey, carry, agency, sensitive, evan, purse, gun rights, place, rights, lockbox, core competency, book, pistol, lorenzo, exemptions SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to the number one highest rated podcast for gun rights in the United States. And that is, of course, Gun Lawyer. That’s not according to me, but that’s according to Feedspot. I’m very proud of that, and I’m only there because of you, the listeners, who I love to talk to. I try to bulletproof in this anti-gun world that we live in, that just wants to crush our rights and turn us all into criminals. And, man, these are crazy times, as I’m sure you know, and gun ownership is more important than ever. That’s just a fact. So, we’re going to get into some exciting news, and, of course, I have the gun owner fuckup of the week to tell you about at the end of the show, which is that time where you get to learn from other’s mistakes for a very reasonable price called free. That way you don’t have to repeat the nightmare that these folks go through, and that’s part of the purpose of this show. Evan Nappen 01:32 Let me get to the really exciting news. The Supreme Court of the United States, what we like to call SCOTUS, an acronym for Supreme Court of the United States (SCOTUS), has granted certiorari, which means they will be hearing the case, challenging the Federal Bump Stock Ban. So, this is really great news that they are taking this on. Now, granted, we always have a risk of losing, but I feel cautiously optimistic. It’s really great to see that they’ve chosen to take this up. Now this bump stock ban, as you may or may not recall, was actually initiated under President Trump. Of course, President Trump is a solid Second Amendment guardian, but here, to many of us, it was something that we were highly critical of, of course. Although there were political factors about this bump stock ban, and I don’t mean giving in to the other side. But, in fact, tactical where there is some political danger here that what the bigger plan of the anti-gunners with bump stocks is to show and utilize the function of a bump stock, which by the way, simulates machine gun fire, fully automatic fire out of a semi-automatic. I like to say it creates a simulation of inaccurate machine gunfire. And, of course, they are fun to shoot. Evan Nappen 03:27 But the idea would be for them to utilize this to create a further ban on semi-automatic firearms by further blending the difference. Getting rid of the difference between full auto and semi auto by using this as a tool that was actually part of the plan to do that. But we, as gun owners, need to put it forward in another way. It’s not that semi autos should be banned, but machine guns need to be legalized. They need to be allowed to be made. Again, the Hughes Amendment needs to be repealed. There’s nothing inherently evil about full auto. It’s a ridiculous distinction. So what? You are shooting rounds out a gun. Page – 2 – of 9 What difference as to how fast they fire does that make at all? This is silliness when you get right down to it. A firearm is a firearm is a firearm. Anyway, putting aside the politics of whether that was a good or bad decision, the good news is the way it’s getting challenged here. It has a lot of significance to the incredible amount of abuse that Biden is doing through the agency of the ATF and the Justice Department in their abuse of the Administrative and Executive powers to go after guns. When they cannot get gun laws passed through the legislature, they abuse agency discretion. Evan Nappen 05:10 In fact, that is what this case is centered upon. It is not a Second Amendment case, per se. It’s not a case where we’re arguing, necessarily, as a key basis here for the challenge. It is, rather, framed as a Separation of Powers dispute. Our side is arguing that the Agency itself lacked the authority to issue this ruling because bump stocks do not fall under the legal definition of machine gun. And at best, the law is ambiguous. Therefore, it would be something that the legislature would have to do not an agency, not an agency. The arguments are pretty clear. It is plainly something that does not fall under the actual Federal definition of machine gun. Because it says, a “machine gun is any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” That’s the key. With a bump stock, you still are pulling the trigger for every shot. That’s inescapable. It just allows you to pull the trigger faster. So, it doesn’t fall under th

Episode 157-NJ Carry… What You Must Know Now Also Available OnPodcast TranscriptGun Lawyer Episode 157 SUMMARY KEYWORDS handgun, firearm, places, carry, gun, new jersey, sensitive, state, holster, carry permit, facility, exemptions, disclose, court, beware, prohibited, gun laws, call, including, guns SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer, the number one rated gun rights podcast in the world. And that’s not me saying it, that’s Feedspot who rates these kinds of things. So very proud of that. But let me go on so you understand why we’re the number one rated podcast. First of all, I’m adding a feature to the show. At the end of every show, I’m going to tell you the gun owner fuckup of the week. And that’s because in the profession that I’m in, I see these mistakes that are made and just shake my head. I’m going to let you, my beloved listeners, know this, so that you don’t have to repeat this mistake. So that you don’t make the same dumb-ass mistake that this person or persons made, and you can learn from it. I think it will be very useful and helpful so that less folks fall into the traps. This whole area is fraught with peril, and you can navigate through it better. Evan Nappen 01:28 Now, one of the things that has come up a lot, particularly in my practice, is somebody gets their carry, which is great. We can finally get carry in New Jersey. But, of course, the question is, then, well, what do I need to know? Where can I not carry? Are there things I need to be aware of when I carry? What I want to do here in this show is put into one concise show, what you need to know, the basics, the fundamentals. The key things you must know when you get your carry license in Jersey. It is current up to the moment now. What I’m going to talk about may change. It may change because of victories in court, where some of these things may be or more even most of these things may be found unconstitutional. But right now, this moment, today, what I’m going to tell you is current. What you need to do and what you need to know so you don’t get into trouble with your new carry permit. Evan Nappen 02:32 So, let’s jump into that right away. Let’s start with you got your carry permit. You passed the qualifications, you have jumped through the hoops, and there you go. You have this thing that a number of years ago, no one would even think was possible to get in New Jersey. Now, you want to utilize it in a way so that you don’t get into trouble, and it becomes a nightmare for you instead of a glorious ability to finally defend yourself and not be a victim but rather a defender. So, what do we need to know first? Well first, the holster. New Jersey requires that you have a specific type of holster, and the holster must be either a device or sheath. It has to securely retain the handgun. Okay, so it has to hold it securely. At a minimum, it must conceal and protect the main body of the firearm. It must maintain the firearm in a consistent and accessible position and render the trigger covered and Page – 2 – of 10 inaccessible while the handgun is fully seated in holster. So, that is the holster you need. It does not need to have thumb breaks or straps, or anything like that, but it does have to conceal the main body of the firearm. So, a slide-type holster isn’t going to fly. It has to completely cover the trigger so that’s not exposed. You start with having the proper holster. Evan Nappen 04:38 Now that your handgun is in a proper holster, of course, you have to carry concealed in New Jersey. Open carry is not permitted unless your security, Sora (Security Officer Registration Act), and you have written permission for that. Other than that, there is no open carry. So, your handgun is concealed and now, there is imposed upon a New Jersey Permit to Carry holder what is called a “Duty to Disclose.” Please make sure you recognize that there is a Duty to Disclose. Do not make this mistake. Do not fall into this trap. What is “Duty to Disclose”? It means that if you’re a holder of a Permit to Carry a handgun and you are stopped or detained by a law enforcement officer, so stopped or detained by a law enforcement officer while carrying your handgun in public, that can mean even walking in the street or traveling with your handgun in a motor vehicle, you are required to immediately, and the word is immediately disclose to the law enforcement officer that you’re carrying the handgun or disclose to the officer that the handgun is stored in the vehicle. Evan Nappen 06:00 So, if you’re just transporting it cased and unloaded to the range but you’re a carry permit holder, you must disclose that you have the firearm in the vehicle. That handgun must be disclosed whether you’re carrying it concealed on your pe

Episode 156-Joe Biden is High-Capacity Ignorant on Guns Also Available OnPodcast TranscriptGun Lawyer Episode 156 SUMMARY KEYWORDS gun, firearm, gun rights, archery, bi, chamber, partisan, rights, new jersey, anti, veterans, gun owners, law, safety, guns, folks, evan, bill, lawyer, rounds SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer, the number one highest rated gun rights podcast in the world, according to Feedspot. Yes, we’re very proud of that, and we got there because of you, our listeners. I want to maintain that position, and I’m aggressively competitive here. And I’m just kidding. But it means a lot that we’re getting the word out. Speaking of which, our beloved president, who is also known as his fraudulency, the senile sock puppet, has, again, demonstrated his unbelievable ignorance about guns. I mean, there are so many of his gaffes of the absolute stupid crap that this guy says, and yet, he is out there as the number one enemy of the Second Amendment. He’s out there trying to crush our gun rights and abuse executive power at every turn. Evan Nappen 01:21 So, here’s his latest statement, which is just another classic Biden dopey statement. He was giving a talk at the Human Rights Campaign dinner, Human Rights Campaign dinner. You would think that one of the fundamental human rights would be the right to self-defense and to be armed to defend yourself. Especially in the light of what’s going on in Israel with terrorists attacking, raiding people’s homes, and the absolute prima facia demonstration of why you need to be armed. But no, no, we’re at the Human Rights Campaign dinner. And here’s what Biden says. He says, who in God’s name needs a weapon with 100 rounds in the chamber? That’s correct. I said it right. He said, “100 rounds in the chamber”. The chamber, folks. Hey, how many rounds does your gun hold in the chamber? I hope it only holds one. Because the chamber is what holds a single round of ammunition, as I’m sure every one of you know. Of course, not the man espousing to ban guns and destroy the Second Amendment and claiming to make this issue the number one public health safety issue there is. He doesn’t know that. But we all know that the gun chambers a round, chambers one round. Evan Nappen 03:09 The chamber is at the breech of the barrel, where the round goes into, and it holds one. Not 100 rounds in the chamber. If you put 100 rounds in the gun’s chamber, which I don’t even know how you could do that, it would be mighty dangerous, and a virtual impossibility. So, he probably meant 100 rounds in a magazine. But when you are a nincompoop and you don’t really know what you’re talking about and you combine his senility and you combine his other mental deficiencies, of course, you would say “100 rounds in the chamber”. I mean, it doesn’t even make sense when you think about how he would confuse chamber and magazine. Generally, the public would know what a magazine is but a chamber? Page – 2 – of 8 Where is he getting this chamber screwing up in his brain for magazine? Why is that even happening? It just shows you the depth of his senility and mental problems. “100 rounds in the chamber”. Oh, yeah. Oh, yeah. Evan Nappen 04:25 Listen, he’s pushing for his assault weapons ban, you know, and this is what he says. “Who, in God’s name, needs a weapon with 100 rounds in the chamber.” Now, of course, he didn’t mention any gun that holds 100 rounds in the chamber because there is no such gun that holds 100 rounds in the chamber. But he did add, famously, that weapon is only meant for one thing, to kill people. Well, I’ll tell you what. The weapon that holds 100 rounds in the chamber, which doesn’t exist, is absolutely a weapon only meant to kill people, because it doesn’t exist. So, I guess it is fine because that’s what it’s meant to do, because the entire thing is garbage. This is just the tip of the iceberg with this guy’s misinformation. He puts it out there, you know, like it’s gospel, and it isn’t. He’s there as a paid for hack by the anti-gun movement. Those that hate us. Those that hate our rights. Those that hate us as gun owners. You know, the ones, the typical usual suspects funding this and funding Biden. He doesn’t even know what he’s saying, but he’s just saying it. He’s getting out there and pushing what ends up costing us our rights. Evan Nappen 05:54 It would be funny, if it wasn’t that this kind of stuff cost people’s lives. Because if you interpret what he says and somehow think that what it means is, for example, we shouldn’t have an AR-15, which, of course, he’s against us having. Then think of our helplessness that he wants to instil

Episode 155-Guns You Need When Terrorist Attack Also Available OnPodcast TranscriptGun Lawyer Episode 155 SUMMARY KEYWORDS firearm, shotgun, trigger, gun, handgun, new jersey, rifle, rounds, guns, semi, qualify, carry, gun rights, america, buckshot, safety, round mags, soft targets, shoot, modification SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. The number one gun rights podcast in the world as rated by Feedspot, who rates such things, particularly under their rating of the top 20 Gun Rights podcast. Hey, you know, there’s been a lot of interesting things in the news, and I’m sure you’ve been following what’s going on in the Middle East. But, of course, what goes on in the Middle East isn’t really just contained to the Middle East. So, what I want to talk about today is specifically about the guns you need for when the terrorists attack America. It seems like it’s just a matter of time before they expand their operations. And if you think that that’s something that can’t happen, well think of this. Evan Nappen 01:22 In Israel, the terrorists had to actually bust through walls and high security and had to come in by air and gliders, by sea and my motorcycle, and by tunnels and all that. You don’t need to worry about that in America, man. The border is about as open as it gets, and millions have already come in. And no one had to blow any holes in walls, or fly in paragliders, or come in scuba gear or anything like that. Just come on in. And I’m sure they did. Considering how many millions have come into the country and how the Government really doesn’t have any idea and how it’s essentially an open border policy. So, to think that such folks are not here and are not planning to do something would seem pretty naive to me. Evan Nappen 02:21 You may say, well, how could you even think that such a thing could even get planned in America? How could it even take place in America? Well, look, did you watch the BLM riots? How amazingly they went off – burning cities, destroying public buildings, killing, robbing, maiming, looting, and all that. Then, you know how pallets of bricks would magically appear at the places where these riots would be. I mean, how was that coordinated? And that was just riotous protesters. Are you telling me you can’t coordinate attacks in America? Of course, you can. Just think about it. We have so many soft targets in America, so many soft targets. It’s not even a challenge. Evan Nappen 03:15 And, you know, the anti-gunners make even more soft targets available. Just take Murphy’s “25 Sensitive Places”. There are perfect targets for every terrorist. How about schools? Gun free school zones, that’s a federal law, no less state laws. No guns in school. They don’t even want to have armed individuals protecting schools. Talk about soft targets. Could you imagine a mass attack by terrorists on Page – 2 – of 9 schools? Just slaughtering and killing. Look, they’re beheading babies in the Middle East. I mean, you know, shooting up schools and killing kids? That’s no problem. You say, oh, no, it’s still not going to happen. You don’t think so? Well, if you don’t think it’s going to happen, don’t worry about it, man. Why be prepared at all? Not a question. Evan Nappen 04:05 But if you think that, hey, we might be vulnerable, that you personally maybe should be concerned about your security, that you’ve been watching this and saying, man, what would you have done if you were there? Because there could be here. Do you think we don’t have enough radical wack nuts in America that want us dead? So, let’s just say you want to be safe, rather than sorry. And in fact, you want to be prepared and in the worst case, so what? You’re ready, and you never had to use it. And guess what? That’s lucky. That’s great. Then we are sure fortunate that all you had to do was be ready, but you never needed it. Wouldn’t that be a wonderful thing? I’d love that. That’s what I’d rather see, personally. But I’ll tell you what I don’t want to see? Needing it and not being ready. That’s about the worst thing possible. What’s worse than having a gun and not needing it? The only thing worse than that is needing a gun and not having it. Evan Nappen 05:14 So, what does it take to have guns? What should you have if you’re going to have guns? What is a decent, basic defense reserve of firearms that an individual should have? Let’s talk about that. Because let me tell you about myself. Even though I’m a gun attorney. I’m a lawyer. Sure, I’ve studied and dedicated my whole life to the Second Amendment and to my calling for defending law-abiding gun owners in defense of our Constitution and our const

Episode 154-Knife Liberty Update Also Available OnPodcast TranscriptGun Lawyer Episode 154 SUMMARY KEYWORDS knives, knife, switchblade, new jersey, ban, gun, great, rights, judge, state, court, federal, pistol, laws, gun rights, carry, law, guns, fsa, second amendment SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen and welcome to Gun Lawyer. The number one rated gun rights podcast in the world, according to Feedspot, who rates such things. Hey, people ask me, you know, what do you like? What are the things you like, particularly like, to collect? What do you enjoy? They’ll ask me that, and I’ll say, well, I have to strictly limit myself. It has to shoot or cut for me to like it. And given those incredible limitations, let’s talk about the cut part. So, I’ve always been a fan of knives, edged weapons. I write about knives. I’ve written for Blade Magazine and Knives Annual. I did a book on U.S. Knife Laws for Gun Digest. So, knives are a passion. I’m proud to say that I helped work on getting the jumpstart of the Knife Liberty Movement in the United States, working closely with Knife Rights and Doug Ritter. We started it in New Hampshire with the repeal of their knife ban on switchblade, dagger, Durk, and stiletto. Since that repeal back in 2010, you know, I lost track of how many, 20 plus, states have repealed their knife laws, and we’re going full steam ahead. Evan Nappen 01:48 So, I have an update here because you see knives are, of course, protected under the Second Amendment. The Second Amendment is the right to keep and bear arms. It’s not the right to keep and bear guns, its arms. And knives are included under the banner of arms. So many people have knives and love knives, and use dies every day. And it’s really important that we protect all arms that our Second Amendment right guarantees us. Knives are not only no exception, but a major part of the world that you and I love to live in and that is the outdoors. And the incredible utilitarian value that knives have in our EDC knife, or Every Day Carry knife and knives that we use in the kitchen, knives to use for hunting, knives to use for camping, etc. I’m sure you all have drawers full of various knives that you love. Some of you, like me, have so many that you don’t even know how you ended up with so many knives, but who cares? Because you can’t have too many knives. Evan Nappen 03:06 Now, the thing about knives is there is a prejudice to knives in the same way that there is prejudice to guns. The only difference is that guns have an organized anti-gun propaganda and money machine, funded by Soros and Bloomturd and folks like that with money in this movement. There are not really a lot of people that want to see rights taken away. There are some that are just authoritarian communists basically that want to get rid of our rights, but the majority of people don’t. These groups exert these influences, and it’s been a battle for gun rights. And we’re fighting and succeeding. Page – 2 – of 8 Evan Nappen 04:00 As many of you know, we’ve made tremendous headway, particularly in the courts with the absolute fantastic landmark Bruen decision by our hero, Justice (Clarence) Thomas. He wrote the majority opinion, and Bruen is having tremendous effect across the board as we battle these atrocious intrusions into our Second Amendment rights. And knives being arms, I’m proud to say that Knife Rights, which is, in so many words, the NRA of knives. In other words, they’re a group that focuses on defending knife rights, and they’re the largest, most successful knife rights group in America. Their chairman is good friend of mine, Doug Ritter. Evan Nappen 04:55 Well, Knife Rights has taken on the Federal Switchblade Act and has challenged the constitutionality of the Federal Switchblade Act, what we call FSA. So, the FSA, which is a federal ban on switchblades, was enacted in the late ’50s. And it was enacted in the same way that anti-gunners today put forward propaganda, working on emotion and not facts, as they try to disarm and disenfranchise every American. Back in the ’50s, when everyone knew that the cause of youth violence was the switchblade. Right? I mean, you just had to watch West Side Story or James Dean, and you knew it was the switchblade that was the culprit, causing the corruption of our youth. So, working on this emotion in the same way as anti-gun law proponents do today, they were able to pass the Federal Switchblade Act. The FSA created a ban federally on switchblades. But the federal ban is written in a very cumbersome, stupid way, that is, on one hand problematic, but on the other hand, helpful. Evan Nappen 06:36 Because it was done in ’58, they weren’t as sophisticated when they passed their anti-weapons laws. And this law, although there is a federal ban, the federal ban

Episode 153-153-We’re from the Government… We’re Here To Help Also Available OnPodcast TranscriptGun Lawyer Episode 153 SUMMARY KEYWORDS gun, guns, suppressors, rights, new jersey, firearm, people, evan, law, great, felons, kill, second amendment rights, lawyer, gun rights, anti, carry, suicide, holster, hunting SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I like to use my opportunity here to advise my listeners. When I observe problems that gun owners seem to repeatedly find themselves in and we can learn from others mistakes, that’s really important because that means less of us will be having to deal with these problems. The problems that these individuals go through can serve the purpose of helping others not to fall into the trap. Now, what I’m going to talk about is somewhat politically incorrect, but it needs to be said. It is critical that you understand the risks that occur when you bring the Government into your life or agencies that are closely connected to the Government. And let me just preface this by saying that if anybody needs mental help or they’re suicidal and need help, then by all means, you need to get help. I don’t want anyone to interpret this as suggesting that someone who needs help, shouldn’t get help. Evan Nappen 01:50 What I’ve seen, however, is that individuals, I just got a case this week on this very thing, will contact a suicide prevention hotline, or the VA hotline, if they’re veterans, or they tell their doctor or therapist etc., and they’re not really serious about wanting to harm themselves. They’re looking to talk about things. The problem is that as soon as you say anything along these lines, then the agency or the person on the other end of that call is going to be having the police come to you. They’re taught to delay you from even getting off the phone so that they keep you in the one place until the police get there. Then not only are your guns all taken, but you personally are taken. You’re taken away for a mandatory mental health evaluation, which itself creates a separate possible disqualifier to even get your guns back. I’ve had many of these cases where the individual was fine. They weren’t suicidal. But now the guns have been taken, and the gun licenses have been taken. And they’ve been put through this process that they never expected would happen. Now we have to fight to get the guns back and that is a costly and time-consuming fight, and it is a whole other world that this person has now, often inadvertently, put themselves into. Evan Nappen 03:59 So, I just want to reiterate. If you need help, I want you to get help. I mean that. But you need to understand that once you make the contact and there’s any type of indication that you’re going to harm yourself or harm others, even if you don’t mean it, even if it’s just hyperbolic statements, even if it’s just blowing off steam or just feeling depressed and saying some stuff that is taken the wrong way. It Page – 2 – of 7 doesn’t matter. The police are going to be summoned. You’re going to be taken, guns are going to be taken and then, particularly in New Jersey now, there’s an effort to disenfranchise you of your Second Amendment rights. Evan Nappen 04:50 Often these types of things will be accompanied or subsequently have filed pretty quickly what is called an ERPO, which is an Extreme Risk Protection Order, commonly called Red Flag. The ERPO is done without your having any input or say. The police simply file this ERPO based on a statement from someone such as a hotline that called them. They’ll take that ERPO, which will disarm you, take all your guns, place them subject to forfeiture, etc., and it’s going to usually have a built-in search warrant. So, your privacy gets invaded, and the search takes place. In addition to this ERPO hitting you with these factors, you’re also most of the time you are going to be taken away to be evaluated against your will. I mean, that’s it. You’re going, and you can either go voluntarily or they’re going to take you. So, you’re really not going voluntarily, are you? Because you’re being forced, and that’s how it goes. Your whole life is suddenly in a whole other realm. This is what happens. Evan Nappen 06:11 The Red Flag or ERPO begins as what is called a TERPO, a Temporary Extreme Risk Protection Order. Then after that’s filed, they have to hold a hearing on a FERPO, which is a Final Extreme Risk Protection Order, and the final will permanently bar your gun rights, take your guns, remove you from being licensed, and prohibit you from future gun possession. If you ever possess a gun with that FERPO on you, you are committing a crime, committing a crime, a serious crime. This is how it gets all

Episode 152-New Training Guidelines Also Available OnPodcast TranscriptGun Lawyer Episode 152 SUMMARY KEYWORDS carry permit, new jersey, gun, carry, permit, firearm, state, requirements, training, law, court, issued, core competency, ohio, required, constitutional carry, instructor, police, abiding citizens, guns SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. I have some really exciting news we have reached a milestone in New Jersey. We have been able, via negotiations with the Attorney General, we being your state association, the Association of New Jersey Rifle & Pistol Clubs, my colleague and friend, Dan Schmutter, who is also excellent attorney that is handling the federal litigation, challenging the Carry Killer, anti-Civil Rights bill, and myself. We were able to get the excessive training requirements seriously changed, and I’m going to discuss them in detail. And the use of farce, which is really the Use of Force manual, seriously changed. We now have in New Jersey a carry permit that is obtainable by any law-abiding citizen who has core competency. That’s right, core competency. The progress here is just outstanding. Evan Nappen 01:45 The negotiations that were very intense and thorough went at the so-called new training requirements that were promulgated by the State Police pursuant to the statute. They essentially required law-abiding citizens applying for a carry permit to demonstrate skills equivalent to veteran police officers. This course, that was mandated by the State Police as the new qualifications, was known as the HQC2-modified, which was essentially the same course utilized for retired law enforcement. It required that the average citizen demonstrate shooting proficiency with timed scoring at a 25-yard distance. I mean, we’re talking 75 feet. What self-defense situation is a civilian, is a citizen, that is simply interested in self-defense shooting somebody at 75 feet? I guess anything’s possible. But that should hardly be a requirement to get a carry permit. Evan Nappen 03:12 It required various tactical maneuvers, such as magazine change, timed fire, and week-hand shooting and kneeling, and all these tactical skills. You had to have that timed fire. All these things were, and more, were eliminated. A new, new training requirement has now been put forward by the State Police as the official training requirement for carry permit holders. Not only did these incredible modifications get done, but also, they got done without the need for litigating. Folks, we could be spending hundreds of 1000s of dollars trying to litigate this, and it taking 2, 3, 4 years to go through the courts. Instead, we were able to get training requirements that consists of appropriate training that simply deal with safely hitting a target and safe gun handling. We are now at a milestone when it comes to getting a carry permit in New Jersey, something that was unthinkable just a short while ago. Page – 2 – of 11 Evan Nappen 04:40 Now we have the permit. Of course, the next steps are to expand the places where we can actually carry a gun to defend ourselves and that’s where the litigation is taking place, over the other parts of the bill. But it begins with individuals being able to at least get the carry permit. Under that required course, that was the equivalent of law enforcement training, average citizens were failing at a 40% ratio, folks. That’s my understanding – 40%. Because of the rigorous tactical skills that this required which were way beyond core competency. Things that, you know, law enforcement, trained professional law enforcement, may need in taking down suspects and surrounding buildings and doing various law enforcement operations. All the things a law-abiding citizen will not ever be engaging in. Simply needing a permit for self-defense. It was obstructive, that’s the word. The training requirements were obstructive. Evan Nappen 06:03 Now, they are no longer obstructive. Yes, it is something that we still need to do, and I can understand people saying, why should we have to take any training? I get that, I get that. But what we have now is part of an important path that New Jersey has just started upon. And that is a path to greater gun liberty. Second Amendment, liberty. Second Amendment freedom. We are not going to get all our rights back, and we’re not going to get Constitutional carry, permit less carry, in New Jersey with a snap of fingers. It isn’t going to happen. Every state, with the exception of Vermont which has had Constitutional carry basically forever, has had to go through its evolutionary period. And now New Jersey is embarking on that very thing. Evan Nappen 07:02 When you look at the history of how the ability to carry for self-defense has progressed, in the states that eventually ended up with Constitutional carry, we are now well along that pat

Episode 151-For Your Health, No Guns For You Also Available OnPodcast TranscriptGun Lawyer Episode 151 SUMMARY KEYWORDS firearms, new jersey, gun laws, gun, m1 garand, called, law, governor, dagger, dealer, good, second amendment, gun rights, fighting, bill, assault, fact, guns, harvey, people SPEAKERS Speaker 3, Evan Nappen, Speaker 2 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, you may have heard about the Governor of New Mexico, the Governor of New Mexico, better called Petty Tyrant decided to unilaterally issue a “Public Health Order”, I’m not kidding, banning the public carry of firearms in the city of Albuquerque, New Mexico. I don’t know, maybe she forgot that she’s in the West. I mean, you know, where there’s a tradition of this thing called carrying guns. Even though New Mexico is kind of a blue state, you know, kind of a Democrat state, they’re still a gun state. It’s still the West, and it’s still got the tradition of the Westerner, of individuals that want to protect themselves with firearms. It is part of the culture. And to think that this Governor would be such an idiot that she would unilaterally do this, is just shocking, and man did she ask for it. Her unilateral ban on carrying firearms in the city of Albuquerque caused just an explosion of opposition. Evan Nappen 01:54 The opposition came in from everywhere. It came in from even fellow Democrats, even the Attorney General said he won’t enforce it. Everyone recognized that this was such an abuse, to try to just eliminate a Constitutional right by a decree by a Governor basing it on “public health”. This is like the COVID mentality on steroids. Just saying, oh, so what? It’s just the Constitution. What about your oath? Remember your oath to uphold that pesky thing called the Constitution? Well, she didn’t worry about that. She even said, I know. I know I did. But so what? No right is absolute, she says. No right is absolute. Well. So, do you think the 13th Amendment that abolished slavery is an absolute? What do you think? Think we can have some? I think “public health” calls for slavery to be reinstated – only for 30 days, but let’s just start enslaving people. I mean, no right is absolute. Right? I mean, come on. There are plenty of Constitutional rights that, in fact, are absolute. Evan Nappen 03:23 Now, whether the Second Amendment is absolute or not, isn’t really the issue anyway. Because the Second Amendment had its parameters set under the Bruen decision. It’s had its parameters set based on a test of the Second Amendment. It has, in fact, been put in a category of law now where the level of which the burden in order to uphold any Government action regarding something that goes against our guarantee of our right to keep and bear arms. It has to be proven by the Government. The burden has to be met by the Government, showing text history and tradition that such laws existed at the time of the passage of the Second Amendment, or maybe in the 1860s after the Civil War with the 14th Page – 2 – of 9 Amendment. I’m talking about having to go way back. Laws just from the late 1800s don’t even count. Laws in the early 1900s, they don’t count. It has to be laws back at the time of the Second Amendment or its incorporation. They are going to have to show laws that were enacted at the time that were acceptable, that were fine, that were understood to be okay. Evan Nappen 05:11 There were other laws after that. There have been anti-gun laws that are not acceptable and in fact have been subjected to abuse. Many of them are focused on being racial and prejudicial. Some of the earliest gun laws, for example, in New Jersey, going way back, banned blacks and Native Americans from having guns. You know, some of the states, including New Jersey, have had the balls, frankly, to argue that oh, well, the modern gun laws should be upheld, because we had horrible racist gun laws in the past. And that should justify them now. Well, can you even believe they would, with a straight face, make that argument? But today, they’re supposed to be all about getting rid of racism and beyond even. We’re talking about major, major reverse discrimination. Evan Nappen 06:18 Oh, but when it comes to gun laws, that’s okay. We can base them on our past history of discriminating against blacks. That’s fine. That just shows they’re good gun laws because, hey, they discriminate against blacks, right? So, why not now? Sounds good, huh? Well, that’s what Jersey says. I don’t think so. Other gun laws, even in the West, there were attitudes about guns and about their impact. Petty tyrants even in the West would at times try to ban guns, ban the carrying of guns. We’re talking about the West here today in New Mexico. And lots of times that didn’t go r

Episode 150-Should the Government Have The Combination to Your Gun Safe? Also Available OnPodcast TranscriptGun Lawyer Episode 150 SUMMARY KEYWORDS safe, gun, warrant, liberty, cmp, good, gummy bear, issued, code, folks, gun rights, new jersey, firearms, call, government, subpoena, shoot, ballistic gel, probable cause, certificate SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer, the number one gun rights podcast in the world. It’s not just me saying it. Feedspot rated the top 20 gun rights podcasts, and we, I’m proud to say, are numero uno. Now, you may have been following a story in the news. I know I have, and I want to talk to you about this because it’s kind of interesting to me. It has to do with Libert gun safes. Liberty is quite a large, maybe even one of the largest, manufacturers of gun safes in the United States. It’s a known brand, and they make a quality safe. I mean, they really make a nice product. (www.libertysafe.com) Evan Nappen 01:06 But recently, there’s been an incredible controversy with Liberty Safe. Because what happened was the FBI, it appears, was apparently dealing with a criminal investigation, prosecution, etc. of Nathan Hughes, who was raided by the Feds over the January 6 brouhaha. Now, I’m not going to get into the issue of January 6 or J6 and whether it’s insurrection, oh, my God, or whether it’s protest, or whether it’s something that the left is just abusing and using and turning into political propaganda or whether there was an actual threat to our country. I don’t know. We can all have our opinion about that. But regardless of whether this is a wonderful example of the weaponization of our agencies in the deep state and trying to shut down First Amendment rights, protesting political matters, it appears that Mr. Hughes ended up in a situation in which the FBI had a warrant to seize the contents of his gun safe. The rub comes in where, apparently, the federal law enforcement contacted the manufacturer, which is Liberty Gun Safe, and were able to get the passcode to get into his safe. Now, the aftermath of this has been pretty significant. Because a lot of folks are concerned that Liberty Gun Safe would just turn over the code to the federal law enforcement officials. A lot of people thought they were secure in their gun safe code but are now learning that may not be the case. This is not a surprise to me at all, considering how many cases I’ve dealt with where safes have been raided by law enforcement. I’ll tell you some interesting stories about that in a moment. Evan Nappen 03:56 But here, in this case, it’s a little vague. It’s not clear whether Liberty had the code to his safe on file and provided it, which they do keep codes to their safes on file. My understanding from Liberty is that 4,000 requests, just last year alone, from people that acquire a used safe or inherited a safe from someone who’s deceased or forgot their combination. They called Liberty to get their combination and by providing certain documentation, they will provide that code so that the person can get into their safe. Page – 2 – of 9 The other thing, though, that is not clear is that Liberty uses electronic locks, as well as the old manual lock. I’ve always been a big fan of the manual lock, just being suspicious about anything electronic. Now I understand that electronic locks are top security, and that the military uses them. I get all that, and they’re highly rated. But apparently, there’s talk that there may be a backdoor code that can gain entry into electronic locks. I can’t confirm whether that’s true or not. But, nonetheless, that’s something to think about if you have an electronic lock. That there may, in fact, be a way to hack past anything that’s electronic, or even a backdoor code to get into electronic. Or is it simply that Liberty had the code on file for the serial number of that safe, which they apparently do, in fact, keep that information? Whatever the deal was, they turned it over to the FBI because the FBI said they had a warrant. Evan Nappen 05:49 People are upset that Liberty did this, but I am actually not that upset. Although I think they could have done one thing more, which apparently, they’re now going to do. Instead of just turning it over because there’s a warrant, if the owner of the safe requested them to do it, which maybe is a possibility, or if there’s a situation where the warrant is authorizing the entry into the safe, and an individual doesn’t want their safe destroyed by the Government, then getting the combination is a good way of not having your well $5, $10 $15,000 gun safe ruined. The bottom line is that a search warrant means that the Government through the court has found probable cause for this search and that search is going to take place

Episode 149-If I Only Had A Brain Also Available OnPodcast TranscriptGun Lawyer Episode 149 SUMMARY KEYWORDS firearms, gun, biden, dealer, rule, evan, gun owner, law, business, person, new jersey, anti gun, sell, purchases, require, ffl, rights, sale, lawyer, profit SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, I was talking to a friend, and he said to me, you know, you spend a lot of money on guns and knives. Thinking about it, I told him, you know what? I spend about half of all my money on guns, knives, and ammo, and I told them the other half I wasted. I thought you’d want to know that and many of you might relate to that. But the problem that we’re facing now is coming from our good buddy in the White House. Yeah. Biden, it seems, has taken another step toward destroying our Second Amendment rights by having his administration promulgate a new rule that has now been put forward, and within 90 days, they want it to become an official enforceable rule. Evan Nappen 01:17 It’s going to have a dramatic impact, way more impact than even the pistol brace ban, or the frame and receiver rule, and all the other agency overreach that this guy has done because he can’t get things through Congress. So, he does this end run, or in this case, he did actually con RINOs in Congress, and some of this, I’m going to explain that in a minute. But before I get to the actual rule and the threat and what you’re going to have to deal with and be aware of, I was able to get a hold of Biden’s 2024 campaign theme song, and I thought this was just a real scoop. I am going to share this scoop of Biden’s 2024 campaign theme song with you, my listeners of Gun Lawyer. Mr. Producer, would you please play Biden’s 2024 campaign theme song. 02:36 If I only had a brain, I could while away the hours, conferrin’ with the flowers, consulting with the rain; and my head I’d be scratchin’ while my thoughts were busy hatchin’, if I only had a brain. Why, I’d unravel ev’ry riddle for almost any individdle in trouble or in pain. And with the thoughts, I’d be thinking, I could be another Lincoln, if I only had a brain. I would not be just a muffin’, my head all full of stuffin’, my heart all full of pain; and perhaps I’d deserve you and be even worthy of you, if I only had a brain. If I only had a brain . . . C’mon man. Evan Nappen 03:30 Now there is finally an appropriate campaign theme song for Biden. I don’t know if my information is accurate or not, or if that’s actually going to be their campaign theme song. But I was told it, it was, but I could be wrong. But it’s so applicable, and it just really makes a statement that demonstrates exactly what the problem is with this guy. It is something that is impacting gun owners pretty severely. This new Page – 2 – of 6 Biden rule is designed, in essence, to eliminate private gun sales and to require essentially that every gun transaction go through a gun dealer in the United States with some very narrow exceptions. By engineering this, then what you get is a background check required to be done by every dealer. That is one of the main objectives of the anti-gun movement. It’s what we call UBC (Universal Background Check). Evan Nappen 04:49 Once you have everything mandated to flow through a dealer to get a background check that creates the registration scenario. Because the dealer records are then, and have been, basically a billion of the closed dealer records have been unlawfully turned into a database under the Biden administration. So, once you have the active current dealers doing these UBC gymnastics, it will create a real time, in effect, accessible database. And by requiring it, it is closing the gaps that exist in being able to identify every gun owner in America. By forcing UBC, which is really not Universal Background Checks, but Universal Gun Registration, that’s really what’s behind the whole thing, by compiling all the old records into the database, by forcing this to occur on new purchases and data, and by restricting an individual’s ability to engage in private sales so that every sale has to go through a dealer, well, you can see the plan. Evan Nappen 06:20 Keep in mind that registration is the key to the next step, which is confiscation. That’s the goal. Get it registered. Then you know where they are, and then you confiscate. And then as history has shown us, after confiscation comes extermination. Every major Holocaust has been preceded by seizing the guns of their victims. This is something that we never want to see in America, and our founding fathers knew that. The reason we have the Second Amendment. It’s the reason it’s there as a right that’s supposed to be guaranteed. But Biden routinely stomps on it, and pursues the ant

Episode 148-USA to God: “No Thank You” Also Available OnPodcast TranscriptGun Lawyer Episode 148 SUMMARY KEYWORDS persevere, law, new jersey, firearms, motto, coin, gun, gun rights, biden, liberty, mint, days, coinage, trust, perseverance, dealer, god, handgun, carry, great SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer, the number one Gun Rights podcast in the world, according to Feedspot. I’m very proud of that. And I thank you, the listeners, for making that so. We want to stay in that number one slot. So, I’m going to do my best to see that that happens. I want to talk to you about something I found very interesting. It is related to gun rights, related to our rights, related to liberty, and related to freedom. I want to point out to you, the listener, that the U.S. Mint has dropped the phrase “In God We Trust” from their new Liberty coin. That’s right. It is no longer “In God We Trust” on the American Liberty 2023 Silver Coin. Now this coin that they came out with is an exact copy, if you will, of the Gold Liberty Coin. Now the Gold Liberty Coin does have $100 face value, and the Gold Liberty Coin says, “In God We Trust”. But the silver version of it does not have the motto on the coin anymore. Evan Nappen 01:48 Now, let me tell you, the motto on American coinage has been a subject of debate for a number of years, but it was essentially resolved in 1908 with and by Theodore Roosevelt. But before I get into that, I want to tell you what the new motto is that actually appears on the American Liberty 2023 Silver Coin. By the way, you can see this coin at the official U.S. Mint website. As far as I know, this 2023 edition, although limited, is still available. If any of you want to purchase this coin, go to the U.S. Mint. I believe you can still purchase it. It’s priced at $2, and it is one ounce of silver. The new motto on the coin says, and I quote, “WE SHALL PERSEVERE”. Not kidding. I want you to think about for a moment. That during the Biden administration, the motto on the “Liberty” coin isn’t about God anymore. But rather, We Shall Persevere. Man, I think that pretty much sums up what we’re doing, particularly as gun owners, under the Biden administration. Evan Nappen 03:31 Just think about what “We Shall Persevere” even means. One of the things that I think about when I hear the term perseverance and a command to persevere, is one of my favorite movies. Some of you may recall, The Outlaw Josey Wales, and the scene when he encounters the old Cherokee chief who talks about being told to persevere. If any of you need a refresher on that, I happen to have the clip right here. Mr. Producer, if you would play the clip from Josey Wales about perseverance. Page – 2 – of 7 04:27 You know, we got to see the Secretary of the Interior, and he said, “Boy, you boys sure look civilized.” He congratulated us, and he gave us medals for looking so civilized. We told him about how our land had been stolen and our people were dying. When we finished, he shook our hands and said endeavor to persevere. They stood us in a line: John Jumper, Chili McIntosh, Buffalo Hump, and Jim Buckmark, and me. I’m Lone Watie. They took our pictures, and the newspapers said, “Indians vow to endeavor to persevere.” We thought about it for a long time. “Endeavor to persevere.” And when we had thought about it long enough, we declared war on the Union. Evan Nappen 05:40 Ah, there you go. The famous quote from Josey Wales about “endeavor to persevere”. And now, the U.S. Mint in 2023 has come out with the Liberty coin that essentially advises us the same thing. We shall persevere. Perseverance, I guess, is the new mandate. And you know, as gun owners, we’ve had to persevere through a barrage of anti-gun overreach by the Biden administration. We’ve had to deal with banning pistol braces by retroactively attempting to turn them into short barrel rifles, thereby stopping millions of people in their tracks and arguably turning them into federal felons if they possess a braced handgun. Of course, the brace on a handgun only does one thing to the handgun and that is make it more accurate and allow, particularly for combat wounded veterans and other handicapped persons, and just ordinary folks to be able to shoot their handgun more accurately. And of course, when you attach a pistol brace, it only makes the gun larger, less concealable. So, you know, but hey, it’s a way to go at what, 30 million law-abiding gun owners, and turn them into felons by administrative overreach. They didn’t get that passed as a law through Congress. No, they just abused their agency discretion and action by imposing it. This has been the tactic that Biden has done to gun owners, forcing us to persevere. Evan N

Episode 147- When Dangerous Rinos Attack Also Available OnPodcast TranscriptGun Lawyer Episode 147 SUMMARY KEYWORDS law, firearm, gun, gun rights, assault, new jersey, biden, bi, anti, ffl, partisan, gun owner, definition, detachable magazine, book, antis, criminals, folks, sell, second amendment rights SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, let’s talk about how dangerous RINOs are. I don’t know if you’re a fan of Peter (Hathaway) Capstick, but he wrote some really great books all about Africa. Of course, his classic is Death in the Long Grass, and I remember Capstick talking about rhinos in his book. He said, the thing about rhinos is that they are amazingly stupid. He goes, they call them old dimwit. Because rhinos are just dumb as dirt. You don’t want to be hit with one charging you, but they are a whole bunch of stupid. Well, rhinos are stupid. Of course, the RINOs that I’m talking about are the “Republicans In Name Only”. RINOs that constantly make moves in moderation. They’re the moderates that the media swoons over, and their moderate actions end up harming our Second Amendment rights. Evan Nappen 01:26 It just keeps on going. Even though they’re warned, and they’re told, don’t do it. The RINOs end up screwing us, and that is what happened with the “Bi-Partisan Safer Communities Act”. Remember the Gun Control Act signed by Biden? The only reason he could sign this was because of RINOs, our buddies, so-called Republicans. A handful of them joined with the Democrats to get this “Bi-Partisan Safer Communities Act” passed that was simply gun control. Oh, but no, no, no. We’re focused on all the moderate gun safety things, gun safety, and it’s really great. It’s not going to affect law-abiding gun owners. It’s not going to affect any of that stuff. This is why we could join together with the right stealers, the takers of liberty, the Democrats, and join in with them. While Biden was giddy signing this, it was a gift from the RINOs to him. The reason he was so giddy about signing it, the reason he loved it so much, and all the anti-gun groups were singing its praises, is because it is a terrible piece of gun control that goes at our gun rights. Now we’re seeing the fruits of it. Evan Nappen 03:04 By utilizing the Bi-Partisan Safer Communities Act, Biden has, in fact, used it to defund the very long, very long-standing, Scholastic archery and hunter education programs. That’s right. The language in the Bi-Partisan Safer Communities Act is now being used to remove Hunter Education and archery programs from schools. This is just a typical example of how you give an inch, and they take a mile. All we got out of the Bi-Partisan Safer Communities Act was less rights. We, as gun owners, did not gain a thing in that bill. We gained nothing. There are so many pro-rights things that they could have and should have done. Things begging to get done. National reciprocity. How about funding Relief from Page – 2 – of 7 Disability so good people could get their rights back again. How about just a whole host of pro-gun things. Oh, not a thing. It was all anti. It was all things that cost us liberty. Evan Nappen 04:46 Now we’re seeing the fruits of it with the defunding of hunter safety and archery programs in schools. Think of how important having these things in schools is. They talk about “gun safety”. I mean, think of the irony and just the flat out lies by the antis when they say, oh, the Bi-Partisan Safer Community Act is a gun safety law, you know, that’s their code. It’s gun safety law. What does their gun safety law do? It removes gun safety programs from schools. That’s cute. Of course, when you have actual gun safety, not Democrat talking point anti-gun, wolf in sheep’s clothing laws talking about gun safety, but actual gun safety programs, that’s a good thing. It gives youth good training and experience so they can safely handle firearms and enjoy the outdoors with hunting, archery, shooting sports, and develop that interest. Of course, the antis want to kill that. It’s what they want to do. And this RINO achievement has helped them to accomplish their goals of mind control and limiting exposure to youth to what we all love, firearm shooting, hunting, etc. Evan Nappen 06:34 This abuse by Biden is his MO, right? Think about all these administrative actions that he’s done, whether it’s the pistol brace ban, or the frame and receiver rule, or all these things where there’s no legislation, but it gets done by Executive action and administration. Yet here they’re taking this legislation with the RINO’s saying, this was never our intent. It was never our intent. Well, you gave them the ability to now take action through the departme

Episode 146-A 1000% tax on Guns and Mags is Coming! Also Available OnPodcast TranscriptGun Lawyer Episode 146 SUMMARY KEYWORDS firearms, gun, guns, new jersey, folks, law, registration, democrats, handgun, race, carry, black, register, part, permit, gun rights, handguns, poverty, lawyer, number SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Hey, I have some really big news. Something that I’m very excited about. Gun Lawyer has been rated the number one Gun Rights podcast in the world. That’s right. The number one rated Gun Rights podcasts. This was done by what is called Feedspot. You can go check out Feedspot, and you can look at the 20 Best Gun Rights podcasts. (https://podcasts.feedspot.com/gun_rights_podcasts/) There as number one is Gun Lawyer. The reason it’s number one is because of you, my listeners, and I’m very proud of that. It makes me very happy to know that the word is getting out and that we’re here as a voice protecting the Second Amendment. When Feedspot does their evaluation, they rank by traffic, social media followers, and freshness. In their ranking, they consider expertise and credibility, content quality and relevance, longevity and consistency, and audience engagement. I’m proud to be number one, especially considering how Feedspot does their rankings. So, thank you, my listeners. We want to help the show and continue to make it grow and present to you exactly what that criteria says there. We’re going to continue doing that. Evan Nappen 01:55 As a matter of fact, I want to discuss with you something recently that the Democrats have proposed. The Democrats have proposed a 1,000% excise tax on so-called assault weapons, which we know are modern sporting rifles, and so-called high-capacity magazines, which are simply standard capacity magazines. This 1,000% excise tax will increase the price of a firearm. If you go and buy a semi-automatic that they arbitrarily declare to be a so-called assault firearm, let’s say it’s a $500 rifle, it will cost you $5,000 because of the excise tax. If you want to buy a $100 magazine, well just add in $1,000 because of the 1,000% excise tax. That will be per magazine, folks. A $1,000 or $2,000 so-called assault firearm will be $20,000. This is the Democrats’ idea which over two dozen Democrats have put this bill forward. By the way, this is the second time that they’ve tried to put this forward. It’s mainly being pushed by Rep. Don Beyer, a Democrat from Virginia, and 24 other House Democrats. This is after over 100 Democrats are demanding that Congress take up anti-Second Amendment legislation to take away our freedoms and liberty. That’s what they love to do, and this is their approach. Evan Nappen 03:54 This particular approach is particularly egregious, frankly. The reason is not only will it astronomically increase the prices of firearms and magazines to just an idiotic and absurd level, but also, frankly, it is Page – 2 – of 8 another example of Democrats institutionalizing racism. That’s right. They do this all the time. They promote so-called anti-gun violence initiatives. Of course, as we’ve discussed before, nobody should focus on gun violence. What we care about is criminal violence, but they like to isolate to their little propaganda term of gun violence. This is their response. To essentially make these firearms unaffordable, except for wealthy individuals. The very folks that the Dems supposedly claim to despise, essentially, and always want to make a point about this class warfare. Well, let me tell you something, folks. The institutionalized racism comes to the forefront when you look at the very statistics that are involving race. They fail to grasp this or maybe they know it, but they want to just keep everybody here on the plantation, as they say. Because according to the U.S. Census from 2019, blacks in poverty was 1.8 times greater than their share among the general population. Blacks represent 13.2% of the total population, but 23.8, almost 24%, of the poverty population. That’s right. Whites substantially outnumber blacks when it comes to not being in poverty. Blacks constitute virtually 24% of the poverty population for the entire United States. By the way, Hispanics compromise almost 19%, 18.7, 1.5 times more than the general population. Evan Nappen 06:45 So, by the Democrats proposing a 1,000% tax on firearms and accessories like this, guess who they’re going to disproportionately prohibit from having firearms? That’s right. Poverty stricken minorities that are overwhelmingly more poverty stricken, compared to the rest of the population. This is what the Democrats do, and they couch it in a push to take away Second Amendment rights. They want to start by hammering those folks that need to protect themselves the most. Because I’ll tell you, in those

Episode 145-Tell The USPS to honor Justice Scalia Also Available OnPodcast TranscriptGun Lawyer Episode 145 SUMMARY KEYWORDS new jersey, guns, stamp, gun, gun rights, law, great, jersey, honoring, justice scalia, scalia, post office, folks, id card, subjects, book, second amendment, lawyer, justice, appoint SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, I was looking at the news and what do I see? Well, the good old U.S. Post Office has put out a stamp honoring Ruth Bader Ginsburg. (Former Associate Justice of the Supreme Court of the United States) That’s right. A new forever USA stamp honoring Justice Ginsburg. Now, you know, Justice Ginsburg was not on our side when it came to gun rights. It’s always astounding to me how a Supreme Court justice can’t understand the Second Amendment. She took the party line, of course, when it came to that decision, but she is beloved by the left for her issues that they care about, whether it was gender equality and all these other things. She’s a hero to them. I get it. Evan Nappen 01:27 Actually, one of the greatest things about Justice Ginsburg, also known as the notorious RBG, one of the best things about her was when she was on the court, of course, she could have retired. But she wanted to retire under a Hillary Clinton administration, so that Hillary Clinton could appoint her replacement. Of course, everyone knew in 2016 that Hillary was in the bag and that other guy had no chance of winning. Well, surprise, surprise. Our boy, Don, there, he won, and then Ruth Ginsburg had the decency to pass away during the Trump administration so that her replacement could be Amy Coney Barrett. That also made it possible for President Trump to appoint three (3) conservative justices giving a super strong majority to those that do understand the Second Amendment. Of course, President Trump’s legacy has paid off in no less than the Bruen decision that was written by the great Justice (Clarence) Thomas. Evan Nappen 03:04 So, I’m looking at this article, and I was talking with my brother, Louis, and Lou came up with a great idea. He said, hey, how come we don’t have a stamp honoring Justice (Antonin) Scalia? (Former Associate Justice of the Supreme Court of the United States). That’s right, folks. The majority opinion writer of Heller, in the Heller decision, the landmark decision on the Second Amendment. Think how amazingly influential and important Justice Scalia was. He had an influence over the Court, an influence that is restoring the Constitution to America. What we need is a stamp honoring Justice (Antonin) Scalia. If they can do a stamp honoring Justice Ginsburg, who by the way died after Justice Scalia, then we sure as hell can get a stamp and should have a stamp honoring Justice Scalia. You know, Justice Scalia was a Jersey boy. Did you know that? That’s right. He was born in Trenton. That’s Page – 2 – of 8 where he was born. He was a devout Catholic, and he attended the Jesuit Xavier High School. His whole upbringing. He eventually graduated from Harvard, and he became the Assistant Attorney General. Evan Nappen 04:56 He was one of the faculty advisors to the beginnings of the Federalist Society. And guess who appointed Justice Scalia as a judge of the U.S. Court of Appeals? President Reagan. That’s right, President Reagan appointed Judge Scalia. And you know, the thing about Scalia that is so important is his conservative jurisprudence. Because what he advocated was textualism in statutory construction and originalism in constitutional interpretation. These concepts are what is empowering the current Court and getting these great originalist Constitutional decisions coming out of the court, such as Bruen, for example. Now, his cases, he had a number of landmark cases. He’s been an amazing and important contributor to American law, American jurisprudence, and most importantly, the protection of our Constitutional rights. Having that guarantee that those rights give us becoming enforceable and getting meaning to them. Evan Nappen 06:26 So, D.C. versus Heller was the landmark case and is considered one of his top opinions that he’s written. Of course, we in the world of guns love him. He is absolutely a hero to the Second Amendment, as is, in my view, Justice (Samuel) Alito, for his decision in writing the majority opinion in the McDonald case. Of course, the amazing Justice (Clarence) Thomas wrote the majority opinion in Bruen, but we could not have that trifecta right there, the trifecta of Supreme Court cases wouldn’t exist without Justice Scalia and the Heller decision. So, how do we get Justice Antonin Scalia to be honored by the U. S. Post Office and do a stamp honoring him, as is well deserved? Frankly, more deserved than Ruth Bader Ginsburg, that’s for sure. How do we do this? Well, this is where I need

Episode 144-NJ’s Use of Force or is it Use of Farce? Also Available OnPodcast TranscriptGun Lawyer Episode 144 SUMMARY KEYWORDS private citizen, force, deadly force, arrest, citizen, manual, carry, imminent danger, retreat, training, law enforcement, gun, new jersey, folks, concealed carry, law, pepper spray, certification, permit, committed SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. Well, these sure are exciting times, that’s for sure. Especially when it comes to concealed carry in New Jersey, as our world is constantly evolving with new and fun things. So, last show, as you may recall, we delved into the “John Wick Training Requirements” that are there for qualification so that folks would have to recertify if they already have a carry. Even though they’ve been certified as safe and trained previously. But now they have to meet this new standard which is the equivalent of veteran police officers. It is a rigorous standard that is completely and utterly unnecessary for citizens. Evan Nappen 01:09 This has now become the subject of litigation by the Association of New Jersey Rifle & Pistol Clubs, one of the sponsors of this show. They filed a motion and succeeded in reopening the case that was before Judge Bumb in Federal Court. They are now challenging these qualification-type requirements, which is great news. It is something that needs to be addressed so that citizens can exercise their Constitutional rights without being subjected to any type of extreme, rigorous qualification testing which is done for law enforcement. Private citizens are not law enforcement. They need to get that through their head. They being the Government. They keep associating citizen carry and self-defense with citizens that we’re going to be acting like cops. But guess what? We’re not. We’re not going to act like cops. We’re not. Our job isn’t law enforcement. Our job isn’t arresting people. That’s not what it’s about. We just want to be able to defend ourselves and our loved ones. That’s what it’s about. I want the police to do their job, and the police to do their work. That’s why we have police. But I shouldn’t need to qualify with shooting skills equal to law enforcement who are utilizing their shooting skills for a completely different objective because law enforcement has a job to do. And I’m glad they’re doing it. But that’s not what a citizen needs. Yet there’s this blending, this blurring, this position that somehow, we have to be that and that’s being challenged, and rightly so. I’m confident we’re going to see progress on that front. But it doesn’t just stop there with the qualifying requirements of timed fire, of kneeling when you shoot, of shooting at 25 yards, all this insanity, that they’re pushing on civilian carries that just wants to defend themselves and do not ever expect to be engaging in law enforcement activities. Yet it carries over. Page – 2 – of 9 Evan Nappen 03:59 Let’s take a look at one of the other parts of the requirements. Remember, there’s three things now under the Murphy Carry Killer anti-Civil Rights bill. One of them is the, you know, John Wick Qualification Course you have to take and pass. The other two are taking the online safety course, which is one thing, but the other is the Use of Force instructions. For this, the State Police have put out a manual, a manual right online. You can download it from the State Police website. (https://nj.gov/njsp/firearms/forms.shtml – under Permit to Carry). You can see in this manual that instructors need to instruct upon as part of the requirements for having Carry Permit in New Jersey. So, when we go to this, and we click, under forms to download, Permit to Carry, and you will click it, and guess what comes up as the heading in the tab for the link, and then is reiterated at the very top of the PDF? It says, ready folks, “Use of Force Traininf (I guess they meant the f to be a g). So, it would say training. “Use of Force Training for the Retired Law Enforcement Officer”. That’s right. They are using the Retired Law Enforcement manual for the Use of Force. Evan Nappen 06:01 Then when you read the actual title on the page, right on the page of the manual, oh, well, it’s called “Use of Force Interim Training for Private Citizen Concealed Carry”. But it’s very telling that the actual link and the PDF heading at the top is all derived from retired law enforcement. And guess where the retired law enforcement materials come from? Active law enforcement. And guess what? Citizens are not law enforcement. This is the problem. Instead of creating a program based strictly on what citizens who want a permit to carry need, they keep utilizing law enforcement materials,

Episode 143-Training Requirement Update Also Available OnPodcast TranscriptGun Lawyer Episode 143 SUMMARY KEYWORDS requirements, training, permit, meet, new jersey, law, required, gun, put, police, issued, firearm, evan, qualification, promulgation, folks, october, carry, misinformation, rpo SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, we’ve had some important news and that is the promulgation, what’s been called the Interim Release of the new Firearm Safety and Training Guidelines, and the Use of Force requirements for carry permit holders in New Jersey. Now, this was supposed to be released on July 1 (2023) by the State Police. Instead, they released it late on July 17. They did not meet the requirement under the statute in time. I don’t know if that will have legal significance or not. But for now, the basic viewpoint is that we’re going to need to abide by these new training requirements, which the Carry Killer Murphy anti-Civil Rights law mandated to be promulgated and put forward by the State Police. Evan Nappen 01:34 I’m assuming these interim guidelines will then be finalized when the Administrative Code rules get finalized. Because, currently, the Administrative Code in New Jersey is completely out of date, and the out-of-date Admin Code which is loaded with all kinds of wrong information and is extremely misleading, and we’ll do an update to all these new Murphy laws, not just the Carry Killer, anti-Civil Rights law, that are still out there, and it’s to be in effect, I believe, until November 2023. They gave themselves an extension to promulgate all the new stuff. Evan Nappen 01:34 But that, of course, leads to even more confusion, because the Administrative Code in many places outright conflicts with statutory law. Of course, the statutory law would take precedence over Admin Code. But nonetheless, it’s typical of New Jersey to mandate upon gun owners the most stringent requirements, most stringent of timelines, most stringent of interpretations, and then you see the Government itself run in such a slipshod way. And it’s no problem. This is what happens. It’s always one sided. But we, as gun owners, of course, have no such luxury. We have to abide by what is put out there by the authorities. Evan Nappen 02:58 So, I want to clarify a number of things that are of great importance and that have caused enormous amounts of confusion. A lot of misinformation has been out on the internet. Can you believe that misinformation is on the internet? I know that we’re all shocked to hear that. But even misinformation being put out by the State Police themselves. I’ve been getting all kinds of information sent to me with Page – 2 – of 9 people questioning and asking about it, and we’re going to straighten out a lot of the key points today about the training requirements. Evan Nappen 03:38 On another show, we’re going to go through their Use of Force Training Information Packet, where they attempt to explain, they being the State, attempt to explain the Use of Force, which at the moment is loaded with all kinds of mistakes. I can’t believe they put this thing out. I recently looked at the link, and the link has a 404 message. But it has a newer date, the 21st of July (2023). So, maybe by the time you hear this or a little bit later, there’ll be a new promulgation, fixing a lot of the blatant errors that I saw. On a subsequent show, we will review thoroughly what the State Police claim is the law regarding Use of Force. Evan Nappen 04:26 On this show, I want to focus on the most immediate concerns people have, which is the new training requirements. Now keep in mind under the statute, there were three (3) things that the State Police were required to produce in order to, well frankly, create all kinds of hurdles to us exercising our Second Amendment rights. I’m just going to call it like it is because all this entire bill is a scheme to discourage, stop, and block our ability to carry. Training requirements are, of course, part of that attempt. I’m confident we’re going to see litigation over this. Evan Nappen 05:10 But for now, what were the initial requirements that the State Police had to do? Well, by July 1, 2023, which of course, the deadline has passed, the State Police were required to establish training requirements in the lawful and safe handling and storage of firearms. It was supposed to consist of (1) an online course of instruction; (2) in person classroom instruction; and (3) target training administered by a certified firearm instructor on a firing range approved by the superintendent. Evan Nappen 05:48 So, there are basically three elements here. One is the online course of instruction. Second, in person classroom instruction, which would focus more on Use of Force because that’s how the State Police ha

Episode 142-How To Lose Your Gun Rights Without Even Knowing It Also Available OnPodcast TranscriptGun Lawyer Episode 142 SUMMARY KEYWORDS gun, domestic violence, law, firearms, gun owners, new jersey, gun rights, guns, issued, restraining order, victim, lawyer, tro, folks, civil, violent felons, offense, criminal, allege, book SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, I’ve been encountering a number of cases in the office lately that made me say, hey, you know, I want to tell listeners about this. To make sure they’re aware of how this works in Jersey. How people can lose their gun rights and not even realize it. They just don’t understand the system, and it’s never explained by anyone clearly about how it impacts gun owners. You may hear tidbits here and there, or you may know, hey, this happens with that, but you’re not sure. I want to explain to you one of the many methods that New Jersey uses to steal people’s guns and to disenfranchise them of their gun rights. Now, like any anti-gun movement, any of their emotional machinations where they utilize hosts to get their way. They find a host subject that they then capitalize on to attack our right to keep and bear arms. Even though the host itself may, in fact, have a legitimate basis for its existence, they combine it with rabid anti-gun policies. So, now it has an entirely new creation to basically F*** with gun owners. Evan Nappen 02:02 One of the areas that does this is New Jersey’s domestic violence laws. As soon as you talk about domestic violence laws, you’re talking about a very sensitive, politically sensitive, area. It’s up there with drunk driving, etc. If you start talking about these things, it is always highly charged emotions by advocates that fight for these issues. I want to say that I understand there are genuine domestic violence issues. I am against anyone abusing anybody, period. None of this is to belittle or in any way, reduce true victims of domestic violence nor their legal recourse that they should be able to have to protect themselves. I’m completely sympathetic with anybody who is a genuine victim of this. As I would be for anyone who’s a genuine victim of crime or anyone who is victimized by anything, that shouldn’t be victimizing people. Evan Nappen 03:27 This includes people that are victims of New Jersey gun law. See that’s where the victimization of gun owners gets put into a law designed to end the victimization of people who are abused by domestic violence abusers. That’s where we have some conflict, and to understand this system is important as a gun owner. So that you don’t end up victimized in this situation. Now, anyone who is, you know, truly a victim of domestic violence. I’m glad that there are mechanisms for them to seek help, and there should be. The problem is that the domestic violence laws are extremely broad in their application. Then capitalizing on that factor, the antis have created a disqualifier that is based on individuals that have a Page – 2 – of 8 domestic violence restraining order or domestic violence misdemeanor conviction. Now, traditionally, prohibited persons that were folks that were not allowed to have firearms, were violent felons. This is something that for many, many years, there’s been a prohibition for violent felons having guns. Evan Nappen 05:12 Then what we saw was violent felons being expanded to well, any felon virtually. In New Jersey, it’s so expanded to include many, many felony level offenses that are not violent felonies. But nonetheless, you get disenfranchised of your gun rights. So, it’s a slippery slope. The disqualifiers started out originally for violent felons and then felons generally. Well, now you see an expansion of disabilities, expansion of disqualified persons, so that it’s grown and grown and grown. Now, it’s not just people convicted of felonies, but individuals convicted of misdemeanors that involve domestic violence. They became prohibited persons in the same way that a felon is a prohibited person. So, the expansion of the disqualifier became an expansion of the class of persons that can be disenfranchised. For example, if you’re convicted of a misdemeanor crime of domestic violence, which in New Jersey would be a disorderly persons offense for let’s say, simple assault, which is the lower level of assault where you push somebody or maybe punch somebody or slap somebody, that kind of an assault took place. Well, that’s a lower level simple assault. So, if that’s committed against somebody who qualifies as a “victim of domestic violence”, let me just say that very term “victim” is the label in law already given before it’s been proven that the person is a victim. They’re called victims from the be

Episode 141-Don’t Use The Other Sides Words Also Available OnPodcast TranscriptGun Lawyer Episode 141 SUMMARY KEYWORDS gun, antis, term, talking, gun rights, new jersey, law, firearms, gun laws, rights, great, guns, words, firearm, anti, call, attorney general, lawyer, automatic firearms, book SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, you know one of the things that has me concerned is when I hear how words have been hijacked by the antis and how the antis use pejoratives. They’re really quite expert at using and creating terms that help push their agenda. And unfortunately, we’re not as good as they are. We need to get our language to express what the truth of these things really are and not fall for their propaganda words. I mean, unfortunately, these words end up taking hold and their co-conspirators in the media end up using these very politically charged, designed words to help kill our rights. We need to make sure that when we speak, we try not to use the words that the antis use. Now, sometimes we have to use them, because it’s literally what the law is. In other words, the law itself has taken that word and made it an actual defined term, which is kind of doubly disgusting when you think about it. Evan Nappen 01:48 But let me tell you some interesting words. Words that are utilized by those that want to take away our rights. I try to specifically train myself now to not use their words and instead use these other words. So, let me show you some very important examples that you can train yourself when you speak. Because, you know, we all love our gun rights, and we end up talking about these issues at the dinner table, family gatherings, wherever, even in court. We don’t want to, if we can avoid it, use the pejorative terms that the antis use. Evan Nappen 02:33 I remember in law school, we had a great professor, Professor Silverman. He had a big walrus-type mustache. I loved this guy. He was hilarious. He was great. He always told us interesting stories and jokes and had a lot of knowledge. He was a great teacher, and we just loved the guy. He was one of my favorite teachers in law school. Silverman, one of his favorite jokes was, what’s the difference between a lawyer and a rooster? The answer is a rooster clucks defiance. And you can fill in the rest. But that’s kind of stuff that he did. But I remember he would always say, what’s the difference between a pejorative, a neutral word, and a euphemism? And those are the keys. What’s the euphemism and pejorative? He would give the following example. He’d say horses sweat, men perspire, but women glow. So, that was his great example of pejoratives and euphemisms, and it’s true. Page – 2 – of 9 Evan Nappen 03:57 And what the antis do is, they try to use pejorative terms or terms that trigger an emotional response. Because remember, the antis are never from a position of truth, or a position of logic, or a position of reason. They just run with emotions. That’s why every time there’s a so-called mass shooting, they’re doing the blood dance. They’re jumping on the emotions and trying to capitalize. They never let a good tragedy go to waste, as they like to say, and that’s because their entire thing is just by emotions. It has nothing to do with reality and the truth as we know, that’s what our rights are all about. So, part of this is words. You want to use words that don’t continue to create pejoratives or scary emotions in people. Evan Nappen 04:57 Let me give you an example. One example that’s current and very much talked about these days is, oooohhh, “ghost guns”, “ghost guns”. You know this term, again, contrived by the antis and used to scare people. You know, scary ghost, ghost guns. It’s a ghost. You can’t even see them. They’re ghosts. Now, you know, we’re just like, what? Instead of using the term, “ghost guns”, we, as Second Amendment advocates, as those who want to preserve our rights, you need to call those type of guns, “privately manufactured firearms”. That’s what they are. They are PMFs, Privately Manufactured Firearms. Once you put that term out there, when you use those words to describe it, Privately Manufactured Firearm, suddenly, individuals can see what the antis are really trying to do. Force us only to buy commercially made firearms. Why should we, as Americans, be forced to have to buy some company’s guns? I mean, look, plenty of companies make great guns. I’m not against owning guns made by companies. But still, there shouldn’t be a prohibition on privately manufactured firearms. And, you see, when we use those kinds of words instead of their words, it helps us win arguments. Evan Nappen 06:31 Take the term, “assault firearm”, or &#822

Episode 140-Huge Win for NJ Gun Owners Also Available OnPodcast TranscriptGun Lawyer Episode 140 SUMMARY KEYWORDS firearm, new jersey, attorney general, serial number, gun, law, great, guidelines, guns, gun ban, cmp, gun owners, state, association, lawyer, manufacturer, federal law, importers, addressed, m1 garand SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. We have got great news, great news for New Jersey gun owners. We have a huge win in New Jersey. It is great, and it was done following The Art of War, as per Sun Tzu, The Art of War, the art of fighting without fighting. We were able to get the Attorney General in New Jersey to address all the issues that were raised in the NSN gun ban, the NSN (No Serial Number) gun ban, that ended up banning literally millions of guns and having probably just as many gun owners facing Second Degree felony level offenses, up to 10 years in State Prison for their possession of guns via this absurd ban. Evan Nappen 01:21 Just to refresh your memory, the NSN (No Serial Number) gun ban prohibited firearms possession, transport, and sale of any gun that did not have both of the following factors. Number one, every gun has to have a serial number, and number two, the serial number has to be placed on there by a federally licensed manufacturer. Well, there was no exemption for pre-1968 guns, and no serial numbers were required under federal law prior to ’68. So, as one of our listeners, if you may recall we did a show on this, he inherited his grandfather’s .22, purchased at Sears in the ’50s. And guess what? No serial number. Now he’s facing a felony if they caught him with it. Felony level charges, outrageous. Additionally, the No Serial Number gun ban prohibited a firearm, needs to be a firearm, without a serial number put on by a federally licensed manufacturer. And guess what? Air guns under Jersey law are firearms, and air gun companies are not firearm manufacturers, at least the overwhelming majority of them aren’t. So, even if you had a Daisy with a serial number, it was not a serial number placed on it by federally licensed manufacturers. You’re Daisy is now contraband in New Jersey, and you’re looking at 10 years in State Prison for possessing your Daisy BB gun. Black powder firearms are prohibited. Antique firearms – all prohibited. Because they weren’t serial numbers. And they weren’t federal manufacturers. Then, of course, any gun that was an import, that was lawfully imported, even if it had a serial number, but it wasn’t a federally licensed manufacturer. So, it just created havoc. Millions of guns were banned by this No Serial Number gun ban that was so poorly written, and it was a great concern. I spoke about it on the show, and I wrote an article about it. I’m sure many of you read about it, and you’re aware of it, if you follow the show, just how serious and what a terrible problem this was and how it put in jeopardy so many people and their guns. Page – 2 – of 8 Evan Nappen 03:54 Well, now we have great news. The great news is that the Attorney General just released guidelines, clarifying the NSN gun ban, making it clear that all these concerns have been addressed and that legal gun owners do not have to fear. Let me tell you this came about because of the good work by the state Association, the Association of New Jersey Rifle & Pistol Clubs, who is a sponsor of this show and the excellent work by my friend and colleague, Dan Schmutter, who negotiated this with the Attorney General. I assisted Dan and gave him plenty of input. We brainstorm these things together. And I’m happy to report that working with Dan and with Scott Bach, Executive Director of the Association, all this was able to come together so that the state Association was able to deliver to New Jersey gun owners, a victory with no expense of litigation. Now, there was a threat of litigation, that is true. But we were able to accomplish the objectives of protecting law-abiding citizens without having to go to war. As you may know from Sun Tzu or maybe you’ve watched Bruce Lee in Enter the Dragon, the art of fighting without fighting. That is what it was. Because we didn’t have to go to war, and we accomplished a victory. Evan Nappen 05:42 Let me explain to you and read to you the actual guidelines. You may have trouble finding them because the guidelines themselves have not yet been posted on the Attorney General website. I’m sure they will eventually. But they have gone out to all County Prosecutors, all County Sheriff’s, all Police Chiefs, and all Law Enforcement Executives. So, these guys are all law enforcement, and these guidelines come directly from the Attorney General. Now, if you’d like to get a copy of these guidelines, what you do is go to the Association of New Jersey Rifle & Pistol Clubs webs