Gun Lawyer

Episode 209-Lawsuit over Red Flag Law Being Used To Suppress Right To Carry Also Available OnPodcast TranscriptGun Lawyer– Episode 209 Transcript SUMMARY KEYWORDS Red Flag Law, extreme risk protection order, David Burg, Second Amendment, self-defense, firearm seizure, due process, New Jersey State Police, civil complaint, legal challenge, gun rights, carry permit, legal representation, gun laws, firearm transfer SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:16 I’m Evan Nappen, and welcome to Gun Lawyer. So, the Association of New Jersey Rifle & Pistol Clubs has brought an extremely important lawsuit to overturn New Jersey’s infamous “Red Flag” Law. Now, we don’t actually call it “Red Flag”. New Jersey officially calls it an Extreme Risk Protection Order (ERPO) Law. The Extreme Risk Protection Order law is an unbelievable denial of due process that exists in New Jersey to take your guns and take away your rights. We have a case now where I’m representing the plaintiff in this case. I’m representing him on the criminal charges, whereas my dear friend and colleague, Dan Schmutter, is bringing the Federal Civil Rights litigation over what occurred here. Evan Nappen 01:33 This suit is something that can have tremendous impact on so many individuals throughout New Jersey. Because in this case, you see the perfect example of the abuse that is integral to the Red Flag law being applied to disenfranchise individuals. The person’s name is David Burg. To disenfranchise David’s Second Amendment right, particularly his right to defend himself. So, the lawsuit was launched and is being brought because the New Jersey State Police used the “Red Flag” Law to seize the firearms of 67-year old Attorney David Burg. Evan Nappen 02:39 Now I’m taking this right from the News Release put out by the Association. You can go to anjrpc.org, and you can see the release. (www.anjrpc.org) (ANJRPC SUES TO OVERTURN “RED FLAG” LAW BEING USED TO SUPPRESS RIGHT TO CARRY) The links are there so that you can read the actual civil complaint. You can also donate to the fund to help in fighting this outrage. It will have an impact on all of us. As the Association news release states, the ERPO was brought against Burg simply because he tried to exercise his right of lawful self-defense while en route to an Independence Day celebration in July. As per the Association release, the State Police never bothered to speak directly with Mr. Burg, a carry permit, before using the “Red Flag” law to wrongly arrest and seize his firearms. Instead, they falsely concluded that he was a bad actor who needed to be stripped of his gun rights without due process. This “arrest first and ask questions later” approach puts every law-abiding carry permit holder in New Jersey at risk of false arrest and wrongful firearm seizure. Page – 1 – of 10 Evan Nappen 04:12 If you go right to the Association’s website, angerpc.org, not only should you belong to that organization, who is also a sponsor of this show, but the Association is there fighting for our rights. They’re the ones litigating the modern sporting rifle ban that New Jersey pejoratively calls the “assault firearm” ban. They are fighting the standard capacity magazine ban, which they call the “large capacity” magazine, which is a very subjective standard, of course. They are also fighting the Carry Killer bill. And this suit, of course, ties into the Carry Killer bill, Murphy’s kicking and screaming hissy fit after the passage of the Bruen decision. Evan Nappen 05:07 We can look directly at the complaint that has been brought in the United States District Court of New Jersey, and you’ll see that the plaintiffs are David Burg and the Association of New Jersey Rifle & Pistol Clubs. Of course, that protects the members of that fine organization, and hopefully this will make important law regarding this abuse that continues throughout New Jersey. The parties being sued are: Matthew Platkin, in his official capacity as the Attorney General of New Jersey; Patrick Callahan, in his official capacity as Superintendent of State Police of New Jersey; Raymond Santiago, in his official capacity as Monmouth County Prosecutor; Anthony Dzugan, individually and in his official capacity as a New Jersey State Trooper; Daniel Valenti, individually and in his official capacity as a New Jersey State Trooper; Eddy Otano, individually and in his official capacity as a New Jersey State Trooper; Craig Denardo, individually and in his official capacity as a New Jersey State Trooper; and Jeffrey Fischetti, individually and in his official capacity as a New Jersey State Trooper. Evan Nappen 06:42 If you look at this complaint, which is extremely well written, it first mentions and discusses the New York State Rifle & Pistol Association v. Bruen case

Episode 208-Everything You Need To Know About Hollow Nose Ammo in NJ Also Available OnPodcast TranscriptGun Lawyer– Episode 208 Transcript SUMMARY KEYWORDS hollow nose bullets, New Jersey law, felony offense, possession exemptions, target shooting, hunting, carry permit, dummy cartridge, false arrest, state police advice, ignorance defense, gun applications, carry in vehicle, law enforcement guidance, gun rights SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 I’m Evan Nappen, and welcome to Gun Lawyer. As you know, or should know, I’m a practicing attorney. I’ve been at it in New Jersey for over 35 years, focused on gun law, and I see just so many people that are constantly ignorant of the laws, making mistakes, etc. That’s why you, the listener, are ahead of them. Because you’re learning and educating yourself, and I’m happy to be the one to help you do that. Evan Nappen 00:59 One of the topics that comes up a lot, and I just want to deal with it in detail on the show is what is the story with hollow nose bullets in New Jersey? Let me explain this thoroughly so you can fully understand what you can and can’t do, and what’s regulated and how it’s regulated. So, you’ll have a full and complete understanding of New Jersey’s hollow point, hollow nose bullet law. You see in New Jersey, hollow nose ammunition is prohibited, except for certain exemptions. We’re going to talk about the exemptions in detail in a moment. The prohibition on hollow nose makes it a felony level offense with up to 18 months in State Prison for each bullet you have that is prohibited as a hollow nose bullet. Evan Nappen 02:15 New Jersey has this absurd law. It’s nothing short of absurd because they have determined that they want to mandate that you have high penetration ammo at all times. I guess they decided to impose the Geneva Convention or something on New Jersey where you can’t have hollow nose. They want high penetration ammo so that it goes through your target and hits some innocent bystander, or something along those lines. I have no idea why. Because the idea with hollow nose ammunition, practically, is energy transfer. No over penetration or less penetration. More stopping power to stop the threat, which is the whole purpose of having a firearm to defend yourself. Evan Nappen 03:14 So, New Jersey prohibits the possession of hollow nose and then creates exceptions to the ban. One of the key exceptions to the ban is possession in your home. So, you can possess hollow nose ammunition in your home, and you can possess it pursuant to the exemptions under N.J.S. 2C:39-3f. of the gun laws. Those exemptions, the activities under those exemptions, include target shooting and hunting. You can keep this ammo at your dwelling, or your premises or other land owned or possessed by you. Those are the exemptions. You can buy it at the gun store. You can take it home. You canPage – 2 – of 7 possess it at home. You can take it to the target range. You can take it hunting. But you cannot have hollow nose ammunition outside of those exempted places. If you do, you’re unlawfully in possession of the hollow nose bullets. Evan Nappen 04:32 This gets a lot of people into trouble because they think that they are able to lawfully possess it outside those exemptions, and you’re not. You cannot even have hollow nose ammunition in your handgun with a Carry Permit outside those exemptions. So, if you’re in your home with your carry gun, you can have hollow nose. As soon as you step out of your home, you can’t have hollow nose. You’re unlawfully possessing the hollow nose because your carry does not convey a privilege to carry hollow nose. So, don’t get tricked into thinking that you can have hollow nose simply because you have a carry permit. You cannot. I see that as a GOFU, by the way, at times. So, be careful of that. Evan Nappen 05:29 Now, the interesting thing about this hollow nose bullet ban is that it is the bullet itself that is banned, not the cartridge. So, I actually had a case where a guy went through a metal detector with his key ring, and on his key ring was one of those dummy cartridges that had a hollow nose bullet. It was drilled through. No powder, no primer, as one of those key rings. They arrested and indicted him for possession of a hollow nose bullet on a dummy key ring. Insanity. I had another case where a guy was delivering pizza. He had no guns in the car, nothing. Just delivering pie. He parks, I think, maybe temporarily in front of a fire hydrant or something. Anyway, they grabbed his car, and they towed it while he’s making the delivery. They searched his glove box, and at the bottom of his glove box was one .22 hollow nose that had fallen out of a box of ammo when he had gone to the range. They indicted him for possession of five cents worth of .22 ammo right there. Yeah, it is nuts o

Episode 207-Make Money Saving America Also Available OnPodcast TranscriptGun Lawyer– Episode 207 Transcript SUMMARY KEYWORDS President Trump, Electoral College, Elon Musk, America PAC, gun registration, gun confiscation, Second Amendment, gun rights, New Jersey, gun laws, gun safety, valet parking, gun transfer, gun ownership, gun training SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:16 I’m Evan Nappen, and welcome to Gun Lawyer. So, how would you like to make money and save America at the same time? When I talk about saving America, I’m talking about this election, because it is literally going to be the most important election, not only in our lifetime, but probably in a century. I mean, it’s impossible to overstate how critical it is that we succeed. And by we, I mean President Trump gets reelected, because what is on the other side, as we’ve discussed, is absolutely the destruction of America versus making America the greatest country in modern history ever. And right now, we’re sliding down a slide, and without getting into all the other issues, we’re just thinking about our issue, which is, of course, Second Amendment rights. Evan Nappen 01:25 I want to bring to your attention something that’s really exciting. And I think if you are able to do this, not only can you make a decent amount of money, but you can help to save America. Part of the key to the saving of America is to see the success of President Trump, and that success is very much dependent upon winning in the swing states. As you know, we have the Electoral College, and because of that, it is not the person who gets the most votes in the country, but rather who wins the state by state by state, which empowers various states to have greater and more balanced political power. And so, our electoral college was really quite ingenious by our Founding Fathers, and it’s part of the reason we haven’t completely collapsed. Evan Nappen 02:27 Because if the majority were to be the folks who select the President, then what it would mean is that the high concentration of urban centers would control America, because that’s where the population is. If you want to see the demise of such states in a microcosm, the states that are the worst have the largest, centered urban populations that sink the state for individual rights, especially gun rights. So, if you want to see the worst states for gun rights that are gun rights’ oppressive states, they have the largest urban populations. You know, look at Illinois, where you have Chicago and New York, New York City. New Jersey, which is part of the megalopolis, incredibly populated in multiple cities, like Jersey City, one of the most populated places on the planet. Look at all the bade states. To California. Look at the urban centers there. They sink the politics. Page – 1 – of 7 Evan Nappen 03:41 So, just imagine that on a scale of the United States in general, and you can see why that’s not good. Of the key critical swing states, Pennsylvania is absolutely critical, and here’s where the money comes in that you can make. Here’s where we have something very exciting that I want to share with you. Elon Musk is an amazing man. He just is an amazing futurist. He is somebody that, when I hear him speak, he is just a fantastic person to listen to, and a guy that gets you thinking. Elon, as you may know, has come out completely in support of President Trump, and he puts his money where his mouth is. What he has done is create a PAC called the America Pack, www.TheAmericaPAC.org. (https://theamericapac.org/) Elon is now offering to pay $30 per hour, plus bonuses for performance, if you join their team to help in the swing states. Being that so many of my beloved listeners are from New Jersey and the surrounding area, Pennsylvania, that’s where the action is. Look. I know we need to fight in New Jersey, and I get it. But in the national picture, winning Pennsylvania is critical. Evan Nappen 05:31 And if you can join here, not only can you make $30 an hour plus bonuses for performances but get ready for this. Elon, through TheAmericaPAC, will also pay $47 for each registered voter that you refer who signs a petition pledging support for the First and Second Amendment. That’s right. Elon is stepping up with millions and millions of dollars to help protect not just the First Amendment, and not just to save America, but to protect the Second Amendment as well. And you can become a part of this, a party here to this. I think October 21 is the deadline. So, you’ve got to jump on this now. Go to AmericaPack.org and make money and fight for the Second Amendment. Fight for America and take advantage of what Elon Musk is offering. I think he’s already spent $43 million a month helping Trump. And look, he’s a practical guy. He sees that the key to winning is votes. It’s not just throwing money

Episode 206-Red Flag Law Victimizes Another NJ Gun Owner Also Available OnPodcast TranscriptGun Lawyer– Episode 206 Transcript SUMMARY KEYWORDS Red Flag Law, gun owner gulag, anonymous tip, extreme risk protection order, legal firearms, assault firearms, social media posts, gun seizure, due process, constitutional violation, gun confiscation, constitutional carry, crime reduction, non-lethal carry, traffic stops SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 I’m Evan Nappen, and welcome to Gun Lawyer. So, there was an article that just came out in northjersey.com, which is part of the USA Today News Network, and I guess it goes out in their print media as well. It’s an article by Lori Comstock, and it is entitled, ‘”Totowa man charged with ‘cache of illegal firearms’ released from jail, but case far from over.” This case, my friends, is a case that I am handling, and this involves. I’ll read you the first line of the article. “A 35-year old Totowa man charged last week with possessing a “cache of illegal firearms” following a tipster’s email to police was released from jail on conditions, but arguments among attorneys regarding the legality of the police search and of the guns has only just begun.” Evan Nappen 01:28 You better believe it’s only just begun. So, here we have two of the key perils of being a New Jersey gun owner. First, you have the peril of the Red Flag Law, which we’re going to talk about here, and how it got used and abused. The second peril is the Gun Owner Gulag, and how treacherous those waters are, and how you better have an attorney that knows what they’re doing. Or you’re going to be waiting in jail, essentially until your trial. This article makes it clear and identifies Kyle Arena in the article. By the way, he has no prior offenses. He is an automotive welder of 17 or more years. He’s had no problems or interactions with the police. Yet, on September 24, 2024, somebody sent an anonymous email, anonymous, to the Totowa Police. The email included, and this is quote from the article. “The email included social media posts and photos purportedly showing Arena engaging in ‘reckless activity’ and posting about it on social media.” Evan Nappen 03:07 Now, we were in front of State Superior Court Judge Thomas Rumana. After our arguments in fighting the Gun Owner Gulag where they wanted to hold them, we were able to get Mr. Arena released and that was absolutely the right thing to do. We got him released. He just has the lowest level of conditions in his release. Of course, while this is pending, he is not allowed to possess any weapons, and they’re holding his licenses. The article goes on to say that his licenses, both of which he lawfully possessed, according to his attorney, Evan Nappen, a Monmouth based litigator who specializes in gun law. Well, I don’t “specialize”. I have a focus on gun law. I’ve been working in that area for over 35 years. And as most of you know, I wrote the book New Jersey Gun Law. Page – 1 – of 10 Evan Nappen 04:09 The article goes on to explain here, and it says that the police identified them as “illegal assault firearms”. This is from the article. “. . . while Nappen classified them as ‘modern sporting rifles’.” Which is exactly what they are. Not the pejorative term of “assault firearm”, even though “assault firearm” is actually found in New Jersey law, because when they passed the “assault firearm” law, they gave it that pejorative label. Then the article quotes me as well. “They appear to be assault firearms . . . ” They may. Let me start that again. “They appear to be assault firearms to the uneducated, but they’re not, said Nappen, who authored a 500 page-book on New Jersey’s gun laws. Nappen referenced a New Jersey State Police opinion letter and noted that the guns fall under the “other” category, or otherwise not identified as ‘assault’ weapons, due to their characteristics. ‘Why did he have these guns?’ Nappen asked rhetorically. ‘He’s a competition two-gun and three-gun shooter.” Arena obtained his guns legally from dealers and uses them in competitions. Evan Nappen 05:41 You see, this is what we’re dealing with. We’re dealing with law-abiding gun owners being turned into criminals in New Jersey. Let’s take a look closely at the abuse of the Red Flag Law. In the article, it says it was a tipster’s email, and there was a claim that he had a “track record of posting illegal content on various Facebook groups.” First of all, “illegal content”? What? What? You know, the First Amendment, first of all. I didn’t know there was illegal content. All right. And the email att

Episode 205-Episode 205-Biden Harris Releases Gun Rights Oppression “Progress” Report Also Available OnPodcast TranscriptGun Lawyer– Episode 205 Transcript SUMMARY KEYWORDS gun rights, firearms, gun, oppression, guns, gun violence, folks, bragging, law, oppress, new jersey, dealer, mobilizing, stolen, antimony, report, called, government, harris, executive actions SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:16 I’m Evan Nappen, and welcome to Gun Lawyer. So, the White House, the Biden-Harris Administration, just released their one year progress report that they euphemistically call the “Office of Gun Violence Prevention (OGVP)”. (https://www.ammoland.com/2024/09/white-house-releases-gun-violence- prevention-office-progress-report/) But in reality, it’s the Office of Gun Rights Suppression, because that’s what they do. They work on suppressing and oppressing our gun rights. Evan Nappen 00:54 So, this Office of gun Rights Oppression has released a report detailing all the wonderful work they’ve done in oppressing our gun rights, and I want to review this report with you. You can access it online. (https://www.whitehouse.gov/wp-content/uploads/2024/09/Year-One-Report-Final.pdf) It comes from the White House. Interestingly, the report throughout it refers to the report as the “Biden-Harris Administration”. So, it’s not President Biden. It’s the Biden-Harris Administration, by the White House’s own words. The key to remember here, folks, as gun owners, is that Vice President Harris was placed in charge of and oversaw the so-called “White House Office of Gun Violence Prevention”, which we’re going to call the “White House Office of Gun Rights Oppression. She’s the Head and Chief Oppressor. Evan Nappen 02:11 Now, you better realize that this election is just that critical. We have a bona fide gun rights oppressor working toward incredible amounts of gun rights oppression that is proudly putting out a report of gun rights oppression. And you need to know what’s in this that they are bragging about, my friends, bragging about. It’s disgusting. If any of my listeners, I can’t imagine that you actually would fall for the lies from Komeela about her being “a gun owner”. That doesn’t mean anything. Some of the worst persons in history of the world, since there were firearms, were “gun owners”, and they were some of the most deadly of gun rights oppressors. So, being a gun owner doesn’t count for anything. What matters is what you’ve actually done. Evan Nappen 03:24 Here we have a Biden-Harris administration bragging about gun rights oppression, putting it in their propaganda term of “gun violence prevention”. Of course, it’s gun violence, right? And so, what do they do here? They lay out their accomplishments and their roadmap to destroy our Second Amendment rights. You would think that our leaders, that those that have taken an oath to uphold the Constitution, Page – 1 – of 9 would instead create a White House Office of Gun Rights Protection, expanding and protecting our cherished Constitutional rights. But no, no. This is about oppressing our rights. Evan Nappen 04:22 Let’s take a look and take a dive into their report, the Biden-Harris record of gun violence prevention. So, that’s what they’re giving a background in. And of course, the translation is the Biden-Harris record of gun rights oppression, and what do they brag about? Well, this Office is dedicated to coordinating across Federal government and partnering with gun violence survivors, law enforcement, state and local officials, and community leaders with the shared goal of reducing gun violence. Or, in the alternative, increasing gun rights oppression. Evan Nappen 05:06 So, how do they do this? Well, they start off with a big block quote framed in a black frame of Komeela, saying the following, and please don’t be fooled by anything she says to make you think that your gun rights are safe for you to vote for her or any Democrat for that matter. Here’s what she said, “President Biden and I have worked to address the epidemic of gun violence with the urgency it demands by enacting the Bipartisan Safer Communities Act . . .”, which was hardly bipartisan. You got a handful of Republican RINOs (Republican in Name Only) joining in. That’s it. They call it “Bipartisan”. Good grief. ” . . . – the most significant gun safety law . . .”. More of their garbage. It has nothing to do with “safety”. “. . . in nearly 30 years – and launching the first-ever White House Office of Gun” Rights Oppression. “In the year since President Biden asked me to oversee this office, our Administration has improved and expanded background checks, announced the single largest

Episode 204-Kamala Harris Sucks Also Available OnPodcast TranscriptGun Lawyer– Episode 204 Transcript SUMMARY KEYWORDS gun owner, guns, new jersey, search, consent, firearms, constitutional carry, law, gun rights, state, vote, oppressors, president trump, rights, carry, probable cause, folks, gun, second amendment rights, america SPEAKERS Speaker 3, Evan Nappen, President Trump Evan Nappen 00:19 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, let’s discuss Komeela. That’s what I like to call her, Komeela. And Komeela is the old bait and switch, folks. You know, all those millions of people that voted for the senile sock puppet suddenly had their vote erased, basically eliminated, in a bait and switch. Komeela got installed, and now the big con is on. Essentially her campaign could be summarized as a mystery grab bag. You don’t know what’s in it, and she’s not going to really tell you what’s in it. She wants you to vote for the mystery grab bag. Evan Nappen 01:15 However, it’s actually not that much of a mystery when you know what she has done in the past. What she’s trying to put forward now is, I’m a gun owner. I’m a gun owner. Oh, well, if someone’s a gun owner, that just means they’re fine. They’re great. They have to be one of us, right? And nothing could be further from the truth, because, frankly, I don’t know any gun rights oppressor who isn’t a gun owner. Being a gun owner doesn’t make you someone who wants to defend gun rights. Not at all. As a matter of fact, I know people, who are not gun owners, but vigorously defend gun rights. So, being a gun owner doesn’t mean a damn thing. Evan Nappen 02:14 What does matter is what you’ve advocated for in the past, what you have wanted to do, and the statements that you’ve said in the past. Not what you’re trying to persuade the public about now, within weeks of an election where you’ve been put there without a single vote to try to fool America. And you know, the Democrats have done this before. You may recall the Senate race in New Jersey, where the torch, you know, Robert Torricelli had to get out of the race, and they anointed the corpse there, Frank Lautenberg. He wasn’t elected by anybody, right? Doesn’t matter. And guess what? He won, folks. Remember that — he won. So, they’re up to their old tricks. Evan Nappen 03:20 Now we have Komeela trying to persuade us with smoke and mirrors. She’s a gun owner, and she’d shoot somebody, too. How nice. Except what’s the real Komeela? Well, I’ll tell you. Recently, a clip of her speaking when she was the lead, top prosecutor there, the district attorney. She made her views pretty clear, and remember, this is her acting as the prosecutor, as a district attorney, where their goal Page – 1 – of 9 is to protect the Constitution, to protect our rights as well, find and enforce in terms of justice. Remember this is their job and what they’re supposed to do. You need to hear what she said when she was in the position of power when it came to our guns and our gun rights. Mr. Producer, please play the clip of Komeela. 04:40 It’s people who own guns who are quietly sitting on those guns, and those guns might end up being the weapons of the destruction of a community, because they get in in the hands of some kids who decides that they like what they see on television and they want to act that way. So, this is about just basically saying that we’re going to require responsible behaviors among everybody in the community, and just because you legally possess a gun in the sanctity of your locked home doesn’t mean that we’re not going to walk into that home and check to see if you’re being responsible and safe in the way you conduct your affair. Evan Nappen 05:15 So, did you hear that? It’s not going to stop them from going into your home and checking your guns. Imagine that! No probable cause, no warrant. I mean, screw the Fourth Amendment. I mean, you might have a gun, so we just have a right to go check and if we don’t like what we see or what we find as we invade your privacy as a gun owner. Focused on gun right suppression, which remember, encompasses all our rights here. You just heard the real Komeela. You just heard this person, who wants to be our President and leader of the free world, talking about a policy, an opinion, and a view of our Second Amendment rights that, my friends, is pure gun rights oppression. That is how a gun rights oppressor speaks, and you better realize it. Evan Nappen 06:39 This election is unbelievably critical. I know you hear all the time how important elections are, but this one has to win the prize. We are literally talking about our country as we know it, our rights as we know them, being destroyed by Komeela and the Democrats. Okay? That&#82

Episode 203-New Imprisonment Threats by Gun Rights Oppressors Also Available OnPodcast Transcript SUMMARY KEYWORDS new jersey, gun, firearms, stickers, report, gun rights, jersey, requested, law, trenton, guns, camden, township, california, pretrial detention, bar, place, gulag, newark, switches SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. So, I need to tell you about a very serious threat. A threat of imprisonment of gun owners. What I call the Gun Owner Gulag. Only, they’re looking to make it even worse. I’m going to tell you about this threat, and they’re concealing the threat as the way the gun rights suppressors often do. They promote one thing while pushing other things that are even more detrimental to our gun rights, and in this case, our personal liberty and freedom and not being imprisoned and held without bail to the extreme. Evan Nappen 01:23 So, let me tell you what I’m talking about here. We have to be aware of this because it’s coming, folks, and this is step one. What I’m talking about is the report that just came out from the New Jersey State Commission of Investigation, and it is called “Illegal Firearms Use & Trends in New Jersey.” If you want to see the actual report, of course, there is a link to it in the transcript at the Gun Lawyer website. (https://www.nj.gov/sci/pdf/SCI%20Illegal%20Guns%20Final%20Report.pdf) Now there’s a little letter that’s attached to the report, and this letter is sent by Tiffany Williams Brewer, who’s the chair of the commission. This letter is being sent to Governor Phil Murphy. The letter states, “The State Commission of Investigation, pursuant to N.J.S.A. 52:9M-1 . . .”. It’s funny. It’s m1 isn’t it? “. . . to -20, herewith submits its final report of findings and recommendations stemming from an investigation into illegal firearms and gun violence trends in New Jersey.” Evan Nappen 02:28 So, immediately, you know, it’s largely bullshit, because they’re using the word “gun violence”. Right? Got to talk about it as “gun violence”, not “criminal violence”. God forbid, the State Commission Investigation actually looks at criminal violence. No, no, that’s not what this is about. So, what does this report talk about? Well, this report is being, if it’s talked about at all, what’s being talked about is their concern about “ghost guns”. Woooo scary? Ghost guns. Which are, of course, privately-made firearms, which Americans have been doing since before the country was a country. But it’s always scary to tell the ghost stories. So, here we go. All right, bad enough, and use of 3-D printers to manufacture guns and gun parts. Well, we already have a ban on that in New Jersey anyway. And they’re focused on switches. They’re talking about Glock switches because Glock switches are so easy to make on a 3-D printer, and they convert Glocks very quickly to full auto. Page – 1 – of 11 Evan Nappen 03:47 They can’t stop the frequency Kenneth here, because it’s out there, and anyone with a 3d printer can download how to make Glock switches. The Glock switch goes on the back of the Glock, very easy to put on. You click the switch and your full auto with your Glock. So, they’re very concerned about this, because so many Glocks are being recovered that are full auto switches. A lot of this stuff, even if you don’t three print it, is being sold by the chai coms into the U.S., but they don’t focus on that here, of course. Anyway, the whole report seems to be, you know, the primary push is all about that, and that’s bad enough. They mention that switches themselves in New Jersey are not prohibited by New Jersey law. So, in a way simple, there is no unlawful possession of a Glock switch law in Jersey. However, they’re federally prohibited. It’s like possessing a machine gun. So, you get a federal charge for the equivalent of possessing a machine gun if you have one of these things, whether New Jersey, independently, has a switch law or not. Regardless, it’s federally prohibited anyway. But again, they got to crank it up and create the fear. You know, “ghost guns”, and these are all over. Okay, so that’s their normal gun right suppression stuff they do. But here’s where the additional things in the report that aren’t being emphasized are truly scary, way scarier than ghost guns and Glock switches. In my opinion, what is way scarier is because of its impact on gun owners, law-abiding gun owners, in New Jersey and what they intend to do. Evan Nappen 05:52 Let me fill you in. This report lists five or actually six points, if you will. The first point is, I’ll read them to you, but I’ll breeze through them real fast. “1

Episode 202- Was This Another Stephen King Killing Spree? Also Available OnPodcast TranscriptGun Lawyer Episode 202 SUMMARY KEYWORDS dispensary, new jersey, gun rights, rage, carry, gun, pharmacy, guns, knives, law, firearm, copycat, issued, give, state, pistol, call, lakewood, place, radical ideology SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 I’m Evan Nappen, and welcome to Gun Lawyer. So, you’ve probably been seeing in the news the latest what they like to call “school shooting”. It’s always amazing how the timing of these things go. You know, we can speculate all day long about why that is, and I’m not going to do that here. But I do want to point out that you can look at the history of school shootings, and you might be surprised to see where the idea kind of originally took root and became a fixture, if you will, in America. For that, you need to only go to Stephen King. That’s right. Stephen King wrote a novel called Rage, which was written under a pseudonym that he used, Richard Bachman, but it is Stephen King. This book was published in 1977 and then it was put into another book of his collected works in 1985 known as the Bachmann Books. And what that novel described was a school shooting, and this novel has been associated with actual school shootings. It’s pretty much documented. Then from the actual school shootings, where you can document his book Rage, are all the copycats that we’re still experiencing to this day. You can look and see that this epidemic, so-called, at least that’s what the media likes to play it as, goes back to Stephen King and the novel Rage. Evan Nappen 02:21 In this novel, a high school senior has grievances, whatever, and ends up killing a teacher and all kinds of other things happen, even a hostage situation. So, many times in the school shootings, you also end up seeing the hostage issues take place. All this, you know, can find roots here, so much so that even Wiki, for that matter, admits that the plot of Rage vaguely resembles actual high school shootings and incidents of hostage taking. It’s true that King finally said, quit printing it and took it out of print. He took it out because he realized, I guess, the issues that have come from it. You know, he’s anti-gun. He is a gun rights oppressor, you know, and all that. He’s disavowed it and what have you, butut still, it’s out there. It’s out there. Evan Nappen 03:38 Here’s a little list of some of its impact, by the way. So, this one guy, Jeffrey Lyne Cox, a senior at San Gabriel High School in California took a semi-automatic rifle to school in April of 1988. Just three years after the Bachmann Book anthology got republished. Cox held a humanities class of 60 students hostage, and it went on and on. A friend of Cox said that he was inspired by the novel Rage. Then, in 1989, Dustin Pierce, a senior at Jackson County High School in McGee, Kentucky, armed himself with Page – 1 – of 9 a shotgun and two handguns. He took a history classroom hostage with a nine hour standoff. And guess what the police found among his possessions in his bedroom? You guessed it. A copy of Rage. Evan Nappen 04:48 Then on September 11, 1991, Ryan Harris went into a math class (in Stevens High School, Rapid City, South Dakota) with a sawed-off shotgun and ordered the teacher to leave. Harris had been inspired by, guess what? Rage. He ordered pizza and cigarettes, which were delivered, and he wanted a million dollars. He fired a total of 10 shots. Then in 1993, Scott Pennington, a student at East Carter High School in Grayson, Kentucky, took a .38 revolver owned by his father and fatally shot his English teacher. He then shot and killed the school’s custodian and held the class hostage. And guess what? He had written an essay on Rage, and he was upset that the teacher gave him a C grade on his essay on Rage. In 1997, Michael Carneal shot eight fellow students, three of them fatally at a prayer meeting in West Paducah, Kentucky. And guess what he had in his locker? A copy of Rage. Evan Nappen 05:55 They even talk about another school shooting where they compared it to Rage. Apparently the shooter, Barry Loukaitis, shocked his classmates said that he said, “This sure beats algebra, doesn’t it?” They said that was a line erroneously reported from Rage. They say that no such line appears, except there is a line in Rage that says, “this sure beats panty raids.” Oh, this sure beats algebra versus this sure beats panty raids, which is an actual line from the book Rage. But no, no , no. Rage wasn’t responsible there. No, not at all. I mean, look at this. Then what do you see from this? You see all the media coverage, all the hype. We get copycat after copycat after copycat. And what happens? Oh, well, the antis never miss a chance to do a blood dance to try to take away our gun rights and oppress

Episode 201-Pigs With Wings Spotted In Massachusetts Also Available OnPodcast TranscriptGun Lawyer Episode 201 SUMMARY KEYWORDS knives, massachusetts, knife, law, neumann, new jersey, gun, court, carry, switchblade, pocket knife, great, second amendment rights, rights, compensator, state, citing, establishment, guns, ban SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:17 I’m Evan Nappen, and welcome Gun Lawyer. So, very recently, I received reports of pigs with wings in Massachusetts. Now, why is that? Well, that is because the Massachusetts Supreme Court struck down the switchblade knife ban in Massachusetts, what we like to call taxachusetts, as unconstitutional under the Second Amendment. This is just great news. First of all, it’s Massachusetts. I mean that alone doing that. Second, it is really showing the power of the trifecta, of course, Heller, McDonald, and Bruen and its impact. (District of Columbia v. Heller, 554 U.S. 570 (2008)) (McDonald v. Chicago, 561 U.S. 742 (2010)) (New York State Rifle & Pistol Ass’n. v. Bruen, 142 S.Ct. 2III (2022)) It lays the groundwork, of course, in Massachusetts for even further liberty to be restored. It’s really exciting to see this happen. I want to go into a little bit of depth about it, because it also applies in being instructive to other jurisdictions, and I think it demonstrates why bringing the case in New Jersey to get rid of New Jersey’s switchblade ban would be an excellent thing to do. It is something where, if we can get, we being the pro-rights folks, can get a unanimous Supreme Court decision in Massachusetts to legalize switchblades, I think that says a lot of things can change that have been burdening our Second Amendment rights for a long time. Evan Nappen 02:34 Remember, the Second Amendment is not the right to keep and bear guns. It’s the right to keep and bear arms, and knives are arms. The test of the constitutionality for a law that deals with a prohibition on arms has been pronounced under the Bruen decision, and its impact is precisely what we’re seeing here. So, the name of the case is Canjura. (Commonwealth of Massachusetts vs. David E. Canjura, SJC-13432) What really makes it great as a challenge here in this Massachusetts case is this was an actual guy, David Canjura, who was arrested and charged with switchblade possession in 2020. Okay, so this is what we call an actual case in controversy. This is an actual criminal defendant. This isn’t a civil action where you bring a declaratory judgment, and you ask the court to rule on constitutionality. This is a guy who was busted in Boston for possessing a switchblade and charged under that Massachusetts law, who said, hey, you’re violating my Second Amendment rights with this charge. Evan Nappen 04:09 He was, believe it or not, represented by the Public Defender, and they did a really good job. It was the Committee for Public Counsel Services, Public Defender Division, which were his attorneys. Now he Page – 1 – of 8 was joined in the challenge in Massachusetts by other interested parties, of course, that filed briefs including Knife Rights, but I want to give credit to the Public Defender for utilizing the Second Amendment rights and using it to fight this type of criminal charge. We need all the Public Defenders to use the Second Amendment in defense of weapons charges. You can see what the results will be. In this case, the fellow here had this knife. Apparently, the knife he had was an orange firearm-shaped knife with a spring-assisted blade. It must have been some interesting, imported knife, most likely, that was a switchblade, but we would call it an automatic knife that happened to be in this shape. The shape of a gun didn’t mean a thing. It’s a switchblade knife which was banned in Mass. and no longer is. Evan Nappen 05:55 So, it was a 24-page decision, and it goes through the Bruen history. Now Bruen, when you challenge it, you have to show what is called text, history and tradition. The Government has the burden of proving that these types of laws prohibiting knives, in this case switchblades, basically existed at the time of the Second Amendment. They have to demonstrate it, and the burden is on them to demonstrate it. The other thing that has to be shown is whether the weapon is not what they’re calling dangerous and unusual. So, something that must be in common use. The Court has to get those issues wrestled with in order to test the constitutionality and that’s what the Court did. What makes it really interesting, particularly, is in the opinion the Court does, and this is how it has to work by the way, explore the history of switchblades and were they even considered arms? Are they arms? Were switchblades even coming under the definition of arms in the right to keep and bear arms? Evan Nappen 07:25 So, in the decision, one of the things that the court cites, and I’ll read you ex

Episode 200- What’s Komrade Harris’s Position on Guns? Also Available OnPodcast TranscriptGun Lawyer Episode 200 SUMMARY KEYWORDS gun, firearm, new jersey, trigger, gun rights, place, rights, atf, law, forced, crank, lawyer, reset, lease, called, comrade, shoot, officer, person, stocks SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, a big question that has been out there is, what are the policies of Comrade Harris? Now, Comrade Harris has not been very forthcoming with much specificity about her policies. However, when it comes to our Second Amendment rights, she is not bashful at all. So, I want to discuss with you her proposals and what she’s going to do to our rights and why she will become the premier Gun Rights Oppressor if she becomes the next president. You need to be aware of this. I have the sources here to explain to you exactly where they’re coming from. A lot of it is what you might expect from the party of oppression, the Democrats, and that is not stopping here on our Second Amendment rights, that’s for sure. Evan Nappen 01:32 So, the first thing that the Democrats do, and what Comrade Harris has put forward here is the propaganda twist of Big Brother-type lies in the same manner as George Orwell. You know, very Orwellian, when you had like the Ministry of Truth, which was all about lies. So, it’s always the opposite of what it actually is. So, her statement at the recent destroy America party convention that was just held where she received the nomination, having not received a single vote from any American in any primary, but yet is their candidate. She said, the freedom, and this is the platform, the freedom to live safe from gun violence in our schools, community and places of worship. Now think about that. This person somehow twists freedom, the idea of our liberty, the idea of what is our right to a freedom “to live safe from gun violence in our schools, community, and places of worship. Evan Nappen 03:12 Of course, it’s not living free from violence, just violence itself. But then, again, there’s good violence, and there’s bad violence, right? If someone’s threatening your life, you’re going to use violence to defend your life. That’s good violence. It’s criminal violence that we want to be concerned with. But no, no. If we start trying to do something about criminal violence, then we have to do something about criminals, and that means going after Democrat constituents. They don’t want to do that. So, let’s focus on the guns and call it “gun violence”. Now they couch this that somehow, by oppressing our rights, that it will make you, that it will set you free. It will give us the freedom you see, by oppressing your rights. There’s absolutely no logic when you start taking apart their propaganda and that’s what we’re going to do on this show. Page – 1 – of 9 Evan Nappen 04:12 So, what are the specifics to give us such great freedom? What is it that she’s looking to do, specifically, and for that matter, the entire Democrat party. What are they looking to do? Well, the answer can be found in what she has said and the Democrat party platform. The Democrat party platform that’s, of course, endorsed by Comrade Harris, says the following. There are about seven agenda items of right suppression. This is from the platform. Democrats will establish Universal Background Checks. So, that is UBC. Universal Background Checks is code for universal gun registration and the ending of any private sales, and to make sure that they know who has the guns. This makes it very easy to confiscate them. As we’ve discussed before, but in case you forgot, the four words go something along the lines of Legislation, then Registration, then Confiscation, then Extermination. That’s a pattern that’s been followed through history, and we’ve seen it in every major holocaust that human race has faced since the existence of firearms. So, be very, very wary of so- called Universal Background Checks. UBC is code for gun registration, which is simply the march toward those other things happening. Evan Nappen 06:00 They will once again ban assault weapons and high capacity magazines. So, she wants to ban modern sporting rifles and standard capacity magazines. The Federal assault firearm ban was useless. It had no impact on crime, of course. Now, it did have some positive effects. One of the most positive effects, particularly the magazine capacity prohibition, was by limiting it to 10 rounds, it forced handgun makers to actually make handguns that were accurate. Now, they had to actually shoot well, because you can’t just spray and pray with 10 rounds. So, they had to improve accuracy and make handguns more concealable, but at a larger caliber. Since you could only carry 10 rounds, i

Episode 199-How New Jersey Gabs Guns Also Available OnPodcast TranscriptGun Lawyer Episode 199 SUMMARY KEYWORDS guns, knife, new jersey, switchblade, otf, firearm, seized, law, fight, shoot, call, range, jersey, domestic violence, gun rights, tro, seizure, rights, part, blade SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:15 I’m Evan Nappen, and welcome to Gun Lawyer. So, I’m going to dwell today in the area of how New Jersey grabs guns. How they basically steal your guns and gun rights right out from under you. I’ve seen case after case. By understanding the methods and the laws that New Jersey abuses to the fullest, you may be able to better protect yourself. Even if you’re thinking to yourself, hey, I don’t do anything that’s a problem. None of this that Nappen is talking about I would ever have anything to do with. Well, it doesn’t matter. Because if anyone in your household has any of these issues, everybody’s guns get seized. All the guns in the household get taken. Then you, as an innocent third party, you’re stuck having to fight to regain your guns and gun rights as the state claims that this problematic or prohibited person is in your household. Evan Nappen 01:37 So, what are the primary methods that New Jersey employs to steal guns? To disenfranchise individuals of their gun rights, and to have a continuous every day all law enforcement taking these actions. One by one, taking people’s guns. And you never hear a peep about this in the Imperial Media, of course. But that’s why you listen to Gun Lawyer. So, I’m going to explain how this works. One of the main laws, there’s about three of them, and then we’ll talk about the fourth that isn’t even a law. The main law that gets heavily abused is the domestic abuse law. Now, domestic violence, domestic violence abuse, it’s a serious topic. It’s important that we address those incidents. I totally get that. Nothing I’m about to say is meant to belittle anything about the seriousness of domestic violence. However, the domestic violence laws in New Jersey are so broad and all-encompassing that it is extremely easy to get at least a Temporary Restraining Order filed. Evan Nappen 03:17 With domestic violence, if an individual claims to be a victim of domestic violence and to be a victim, it’s statutorily defined as someone who’s a spouse, or someone who’s a household member, or someone who has a dating relationship with that person, etc., and that person makes a claim that a predicate act of domestic violence has occurred. This is basically the criminal code of laws, various offenses that are labeled as domestic violence offenses, when the alleged victim is someone in that category I just said. For a TRO to issue that person simply has to make essentially prima facie claim. You’re not involved in that. The other person is not involved in it. It’s done ex parte. They just tell the judge whatever story they want to tell. They could make up an utter and complete lie. And that often happens. We encounter Page – 1 – of 9 that a lot, but it doesn’t matter. If they put forward that predicate act, and the predicate acts run the gamut from attempted murder all the way down to harassment. Evan Nappen 04:49 Now, harassment in New Jersey is a crime, it isn’t a crime. New Jersey actually, technically, calls crimes felonies. But harassment as an offense is a petty disorderly person’s offense. The lowest level of criminal offense. The element of harassment is essentially doing something with the purpose to annoy. That’s essentially it. So, if any of you have ever annoyed your spouse or girlfriend, then arguably, you’ve committed harassment, and if they wanted to complain about it, they could at least get a TRO out of the box. Once that TRO issues, a Temporary Restraining Order, then as part of that Order, already preprinted on the form is a warrant to search and seize the guns of the defendant and anything that’s in the household where that defendant resides. So, we frequently get TROs that might be brought by a girlfriend of a son who’s living with the mother and father, and the mother’s and father’s guns get taken even though they had nothing to do with anything. It doesn’t matter. They all get seized. Of course, the defendant’s guns get seized. It doesn’t matter about how much of a lie may or may not have been told to get the TRO. All the guns get seized. Evan Nappen 06:15 Then you’re going to have a Final Restraining Order hearing where they decide whether to make the TRO a FRO (Final Restraining Order). If it becomes a FRO, then you’re barred from having guns under both New Jersey law and Federal law. But even if the TRO gets dismissed, you still are going to have to fight to get your guns back. Because what comes next is a Weapons Forfeiture

Episode 198-When Your Lawyer Sucks Also Available OnPodcast TranscriptGun Lawyer Episode 198 Gun Lawyer — Episode 198 Transcript SUMMARY KEYWORDS court, due process, gun, case, lawyer, great, firearms, permit, denial, carry, state, dismissed, law, healthcare facility, lieutenant colonel, judge, hearing, petitioner, denied, raised SPEAKERS Speaker 3, Louis Nappen, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, today I have a guest on the show. One of my favorite guests to have on the show is my brother, Louis Nappen. Hi, Lou. Louis Nappen 00:30 Hi. We meet again. Evan Nappen 00:32 Yes. Lou, as many of you know, is also a gun lawyer. He works with me at the law firm, and Lou just had a nice win in the Appellate Division. This case is very interesting. There are some great lessons to learn here, some great takeaways, and we want to lay out for you what happened in this case. Now this case is called “In Re Application of A.J.J. for a Permit to Carry a handgun pursuant to N.J.S.A. 2C:58- 4.” That’s the actual title of the case. You can actually go online. If you go to our website with a transcript, we’ll have a link to the case if you want to see the actual case. (https://www.njcourts.gov/system/files/court-opinions/2024/a0493-22.pdf) Evan Nappen 01:26 Louis, why don’t you lay out what happened here, some facts, and we’ll talk about the decision and what this case stands for. The takeaway, which in itself, is really this week’s GOFU. But go ahead. Louis Nappen 01:42 Well, it is, and it isn’t. Yeah, it is, and it isn’t. Now, first off, I once again win for having a long title, a long caption for a case. Every time I seem to have the longest captions for cases in terms of what they’re titled. But this case is an interesting case from my point of view that I want to educate your audience a little bit about. Two things. One, due process. Due process. You hear that thrown around a lot. It’s in the Fifth Amendment. You always hear about the Fifth Amendment with other things. Due process essentially means that they can’t take away your life, liberty and property without due process. And what does that mean? Essentially, under the law, it means notice of what the issue is and opportunity to be heard. That’s your Fifth Amendment right in the federal context. Then they applied it also to the States under the 14th. Page – 1 – of 13 Evan Nappen 02:39 So, there’s really fundamental fairness, right? Louis Nappen 02:44 That’s right. Fundamental fairness is that they’re not going to have a full out hearing without knowing why you’re there, and then you have an opportunity to present your case. That’s the two aspects of that. Evan Nappen 02:57 Right. And this, of course, is important when you’re dealing with hearings over licenses. Hearings for anything, even in criminal justice or in all the things we deal with all the time. Weapon forfeitures and what have you. In this case. Louis Nappen 03:17 Anything, anytime you are in court. Evan Nappen 03:18 In this case, what happened to AJJ? Louis Nappen 03:23 Yeah, then there’s the second aspect of this which we’ll get into, which is, I think, equally important. It’s about effective assistance of counsel. So, let me tell you about AJJ here. Our firm did not handle this case at the trial level, at the Superior Court. And what happened is he was approved for a Permit to Carry from Patterson, I believe it was. The police chief approved him. But this case goes back to when it was the two part scenario. First you get approval or disapproval of the application. Evan Nappen 04:04 Yes, this was the old law before the Carry Killer law, which got rid of judges. This is also a good example of why that was such a great idea to get rid of judges. Louis Nappen 04:17 Correct. This really shows it. So, he was approved by the police chief, and then it went up to the Superior Court. Actually, the Assignment Judge of the Superior Court, one of the higher judges there. AJJ was calling up saying, I was told it was sent up. Where’s my carry permit? Because they were the issuing authority at that time. They said the judge wants to discuss with you regarding your permit. You know, that kind of a thing. Evan Nappen 04:50 Okay, let me just say this. Anytime the court wants to talk to you, make sure you go there with a lawyer who knows what they’re doing. Do not walk into the lion’s den without an attorney. Period. But more than that, which this case is going to show, and you’ll get into it, your lawyer has to know what they’re doing. Go ahead. Page – 2 – of 13 Louis Nappen 05:13 So, what’s interesting is, as you just said, AJJ is a listener of your show, and he heard you say, don’t go to court on a gun thing without a lawyer. Unfortunately, he didn’t hire us. He di

Episode 197-Warning! Keystrokes are logged on all gun permit applications. Also Available OnPodcast TranscriptGun Lawyer Episode 197 SUMMARY KEYWORDS law, firearm, unconstitutional, new jersey, new jersey’s, gun, colt, challenge, references, keystroke, guidelines, judge, jersey, decision, assault, ban, applications, listed, substantially, modern sporting rifle SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, I love doing this show. But this show is not just my voice, it’s also your voice. The reason I say that is I get a lot of great letters, emails, and such, from my beloved listeners. And I mean that sincerely. Often, these letters reveal things that need to be broadcast out to everybody, and it leads to discoveries of things that are just, oh, my God, kind of a moment. And that’s something I have to share with you today. Something extremely important that every New Jersey gun owner needs to know, and I bet you don’t know this. What I’m going to tell you, you do not know. Because even I didn’t know it, and I just live and breathe this stuff all day long. I didn’t know this, and it is a bit scary. It is yet another example of our loss of privacy and how Big Brother is spying on us. There are many lessons to take away from what I’m going to tell you next. Evan Nappen 01:31 So, here is an excellent letter that I received from Greg. Basically, I’m just going to paraphrase. I’m just going to tell you what the story is. So, Greg applied for a PTC in Jersey, and one of his references was his buddy, Mike. What he did is what most of us do. You ask your friends to be references. When you do your application for your carry permit, you tell your references. You always want to make sure your references know. So, when you put in the app online, they’re ready to get the email, and they do the reference pretty quickly. Push the button and send it off. That way the references don’t delay you in the processing of your license. You always want to make sure in advance that your references are on your side and good to go because that can cause a problem. Evan Nappen 02:43 Of course, one of his really great friends here was doing it, and he was absolutely 100 percent, no problem. But what happened was Mike, who basically wanted to play a practical joke, a prank on his good friend, which is something good friends do often. Right? Especially guys. Guy friends like to bust each other’s chops when they can and that’s all good. That’s what keeps a relationship, a good bromance together. Right? All good. So, what prank did Mike do? Well, what Mike did was when he got the reference email from the State, it asks, is there any reason why you would not endorse the above named firearms applicant to be issued a permit? He checked yes, and then where it said why? He wrote because he’s crazy. Then he took a picture of it with his cell phone so he could text that to his Page – 1 – of 9 buddy, Greg. Then he wiped that out. He erased it. He erased it, and then put the no. There was no reason he wouldn’t and then submitted it with a positive supportive reference. Evan Nappen 03:20 Well, lo and behold, Mike ends up getting a call about his unsubmitted answer. He gets a call from the authorities investigating it, and he tells him hey, it was a prank. And buddy, Greg, is like saying this person he knows. The police tell him that his keystrokes are logged so they had to investigate before approving the application. Folks, keep in mind, this is the big news. Anything you type when doing online applications to the Government, your keystrokes are logged. That’s right. Big Brother is watching your every keystroke, my friends, and I’m sure it’s not just on applications for a carry permit in New Jersey. Any of these online applications, especially anything you might deal with any agency in the Government. Keep in mind that your keystrokes are most likely being logged. This apparent report of the logged keystrokes was what the Government had, and they had to “investigate” over something that was not even submitted. Evan Nappen 05:55 Yeah, it’s kind of scary stuff when you think about the intrusion and the overwatch taking place on us. So, it is really important to be vigilant and to know these things. To be aware. Knowledge is power. This is a knowledge element that I bet none of you knew, and now you do know it. So, keep it in mind. When you’re filling out any of these Government applications, don’t screw around. Don’t joke around. Make sure the information you’re putting in is exactly what you’re intending to submit. It probably pays to write out separately, completely separately, from your application. Probably on paper, like old school, what you’re going to say before you even type it to protect your

Episode 196-The US Secret Service Could Not Get an NJ Carry Permit Also Available OnPodcast TranscriptGun Lawyer Episode 196 SUMMARY KEYWORDS gun, new jersey, law, place, carry permit, shot, requirements, handgun, secret service, rifle, foo, program, guns, firearm, book, bolt action rifle, idf, gun laws, political assassinations, revolver SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I’m sure you’ve been watching the news and following closely. I know I have. All the developments on the attempted assassination of President Trump. Of course, there’s lots of commentary and a severe lack of information out there, and it just makes the conspiracy theories run wild. It gets you thinking about all kinds of things. But I do want to point out some things that are in my wheelhouse that I’ve noticed, and things that I think my listeners of Gun Lawyer would appreciate. Evan Nappen 01:04 First of all, I’d like to state that it appears that the Secret Service would not qualify to get a New Jersey carry permit. Why am I saying that? Well, if you watched the video of the female Secret Service Agent who could not reholster her handgun, it was embarrassing, to say the least. I mean, folks, I can take my handgun in and out of my holster all day long without looking, and I bet you can too. The fact is that in order to get a carry permit in New Jersey under Murphy’s Carry Killer law, remember you had to have certain training and that training originated as the John Wick training standards. That’s what we called it. Then we were able to get out of the Attorney General an agreement that focused on core competency that we call CCARE. Now the CCARE standard, actually CCARE, people ask what does it mean? It stands for Civilian Carry Assessment and Range Evaluation. So, you need to have your CCARE certification. But what are the requirements for CCARE for any civilian gun owner in New Jersey who wishes a carry permit? Well, the CCARE requirements are actually quite simple, quite direct, and something that any competent shooter should be able to demonstrate, and we’ve discussed it on the show. Evan Nappen 02:51 But I want to review for you some of the key requirements of CCARE that would disqualify that Secret Service Agent which we all can watch on YouTube, on Facebook, on TikTok, all over. Watch that clip of whoever that woman is whose name has not been disclosed, who cannot reholster her gun, and why is that something? Well, one of the requirements under CCARE, and you can go right to the State Police website to download the qualification that you have to meet for the course. (https://nj.gov/njsp/firearms/pdf/CCARE_Protocol.pdf) Under 4. Course, Subsection d., it says, “To achieve a passing score of 80%, the participant must place a minimum of 40 shots within the border of a Q target silhouette during the untimed course of fire. The participant must also demonstrate safe Page – 1 – of 9 handling throughout, including safe loading, unloading, drawing, and re-holstering.” Re-holstering is a requirement of CCARE. If you watch the video, that Secret Service Agent would not pass. It further states that, “i. On command, from a secured and concealed holster position, draw and fire five rounds. Holster a safe, decocked, if applicable, weapon.” Aaannnnttt. Secret Service fail. Then you repeat the string of fire twice, firing a total of 10 rounds. Reload if required and holster a safe, decocked, if applicable, weapon. At the end of the course of fire, clear all weapons, and holster a safe and empty weapon. Evan Nappen 04:53 Oh, boy. So much for Secret Service qualifying for a civilian carry permit under New Jersey’s requirements. New Jersey even goes further and says you can have a substantially equivalent course, and it describes what that is. Under 5. Substantially Equivalent Courses, subsection d., it says. “The participant must demonstrate safe holstering and unholstering . . . ” You’ve got to do both during the shooting course. “. . . which must include safely drawing the weapon from a secured holster before firing at each of the required distances and re-holstering after completing the round.” So, as you can see, stressed throughout the CCARE is a requirement that the Secret Service Agent could not accomplish. Heh, that’s a real confidence builder, when it comes to protecting those folks that they’re assigned to protect, isn’t it? Oh, my God! It’s absolutely embarrassing. Embarrassing and it is something that just removes the confidence and faith that we might have in those folks who are assigned that critical task of protection. Evan Nappen 06:34 So, there you go, but it doesn’t end there with some of the fallout from the attempted assassination. And that’s because the Democrats, and that’s who it is, it’s a

Episode 195-What the media will NEVER tell you! Also Available OnPodcast TranscriptGun Lawyer Episode 195 SUMMARY KEYWORDS gun, gun rights, new jersey, handgun, exemption, law, shoot, president trump, gun laws, vance, homeless, firearm, evan, place, bb gun, carry, question, vehicle, firearms, lawyer SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, we sure had a hell of a week that’s for sure. I mean, history is being made before our very eyes, and, of course, we’ve been watching. I’m sure all of you have been watching as events unfold. And, you know, as gun people as we are, we’re always interested in hardware being employed at any time, good or bad. One of the things some folks have asked is, does anyone know what gun the deceased would be assassin was using? They’re not making a big deal about the specific model, but I did discover it. This is from an article on Fox News where it talks about the FBI gaining access to the would-be killer’s, well, he is a killer. He killed the great man there who was a fire chief and beloved family man and wounded two others seriously. (https://www.foxnews.com/us/fbi-has-gained-access-thomas-matthew-crooks-phone-trump- assassination-attempt) Evan Nappen 01:26 So, the firearm that he used, by the way, was a DPMS AR-15 type gun, if anyone’s wondering what it was. It was a DPMS. And so, what? AR is the most popular firearm, modern sporting rifle in America. So, it’s not a surprise that a gun that’s popular, that’s in such common use, can be used for good or bad. It’s not the gun; it’s the person. Here we see this person who almost took out President Trump and thank God he didn’t. Instead, we really see what an opposite effect is taking place. We saw what has to be the ultimate cognitive tests that anyone has ever undertook, which is, how do you react after being shot in an attempted assassination? And what did we see? We saw President Trump rising up after being wounded by the round. He rose up, and he held up his fist. His cheek has that blood like war paint, and what does he do there with the American flag behind him? That iconic picture that will live on forever. Even going on the cover of Time Magazine. Even they have to put that photo on their cover, as much as they’re a bunch of lefties. And what is it? What does it say? It says fight. Keep fighting. Fight no matter what. Talk about inspiration. Evan Nappen 03:37 You know, when folks face danger, when you’re gripped with that moment of extreme peril and fear, they say that people have essentially three reactions, although sometimes it’s reduced down to two. It’s known as fight or flight. I’m sure you’ve heard that. But it’s actually fight, flight, or fear; a fight, flight or freeze from the fear. Fight, flight, or freeze. And what you saw there, without staging, without teleprompters, without prescreening and preparation, as his opponent has to do to even get through an Page – 1 – of 9 event, you saw President Trump react in the most inspiring and amazing way. And that was a pure fight reaction. And that was his message. We have to fight. We have to fight for our rights. We have to fight so that we can protect, not just our Second Amendment rights, but protect America, and I know that you realize that. Evan Nappen 04:57 These are things that we’ve been reflecting on, but one of the key things, I think of great interest that you may not be hearing a lot about and that I want to share with you is the vice presidential choice by President Trump, which was to pick J.D. Vance. Now J.D. Vance is a young man, relatively speaking, and he was chosen by President Trump. It’s an amazing pick by the President because if you know his backstory, that he actually wrote a book about called Hillbilly Elegy and that book became a movie, Hillbilly Elegy. It became a movie. You can watch it today on Netflix, and now it’s back in the top 10 on Netflix, even though I think the movie didn’t come out till 2020. But the deal is, you know, he comes from Appalachia. That’s his roots. And it’s a great movie to watch, to really see this individual that came up from this poor, but very prideful family. Just a difficult culture to excel from, you know, the challenges that that presents. He did that very thing and dealt with many problems in his environment, and it’s a lot to admire about him. He joined the Marines. Then he went to Yale Law School and graduated top of his class, and he ended up being very successful in business. Evan Nappen 07:00 One of the things that is of great importance to us is, well, what is his stand on what’s near and dear to us? What is J.D. Vance’s position when it comes to gun rights? I have an article here from guns.com, and it’s called, “Where does J.D. Vance, Trump&#

Episode 194-Crossing State Lines? Beware! Also Available OnPodcast TranscriptGun Lawyer Episode 194 SUMMARY KEYWORDS gun, firearm, massachusetts, carry, new jersey, state, carrying, unloaded, case, court, law, qualify, defendant, hartman, transporting, license, jersey, friend, person, lockbox SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I picked up on an interesting article in one of my favorite 2A news feeds which is AmmoLand. AmmoLand Shooting Sports News. (AmmoLand.com) They had an important story here posted by Chuck Michel, who’s friend of mine. He’s a Second Amendment attorney in California. It says, “Second Amendment Law Center to File Amicus Brief in Nonresident Carry Rights case”. (https://www.ammoland.com/2024/07/second-amendment-law-center- to-file-amicus-brief-in-nonresident-carry-rights-case/#axzz8ftPVmKUG) Evan Nappen 00:52 Now, what makes this really interesting is this is a case coming out of Massachusetts. However, this could dramatically affect, arguably down the road, all the other states, including New Jersey. It could directly affect New Jerseyans that travel into bad states and often others that travel into New Jersey. This case is Commonwealth vs. Donnell. This is an actual criminal case now. So, what’s great is it’s what they call a case in controversy because we have a real guy, a real criminal defendant, and it’s an actual case. So, there’s nothing about “standing” here for them to get out from under it. The defendant was a New Hampshire resident, and he was criminally charged with carrying a firearm without a gun permit from Massachusetts, while in Massachusetts. What we like to call taxechusetts. Evan Nappen 02:06 And what happened there was he made a case, a defense, that the law requiring that license in Massachusetts is unconstitutional. It’s very interesting here. The trial court in Massachusetts ruled, and I’m quoting now from the case, “a law-abiding resident of New Hampshire who is exercising his Constitutional right should not become a felon by exercising that right while he is traveling through Massachusetts merely because he has not obtained a Massachusetts license to carry . . . This Court can think of no other constitutional right which a person loses simply by traveling beyond his home state’s border . . .” Evan Nappen 02:59 Boy isn’t that powerful! Especially that last line. Think about that. I can’t think of any other constitutional right, can you? Which you lose simply because you cross a state line? Cross out of your home state into another state? That’s really good stuff. And what happened was the Commonwealth of Page – 1 – of 8 Massachusetts did something that’s pretty unusual. They brought an appeal. The Government brought an appeal, and they brought it to the highest court in Massachusetts, what is called the Massachusetts Supreme Judicial Court. So, they brought it, essentially almost a direct appeal, so to speak, skipping the intermediate courts. They didn’t go through what would be the normal appeals process. And lo and behold, the Court accepted it. So, this means that the highest court in Massachusetts is now going to consider this case. This is very significant, because whatever that court decides, the next step can immediately be asking the United States Supreme Court to review this matter. And, of course, if the U.S. Supreme Court takes it up, that can have amazing ramifications. It would, in effect, give an ability to have national reciprocity, created by a court case. Think how great that would be. Evan Nappen 04:44 In the opinion of the top court in Massachusetts, the Court specifically asked for amicus briefs and folks that want to supply them. They were soliciting for amicus, it’s a friend of the court briefs, so that other interested parties could put their position forward. They’ve basically summarized the question as to whether the judge in the court below, that made that ruling that we just discussed, erred, decided wrong, that the law “violated the defendants’ constitutional rights to equal protection and interstate travel, as well as their rights under the Second Amendment to the U.S. Constitution, where the defendants were non-residents of Massachusetts charged in Massachusetts with carrying a firearm without a license, where the defendants could legally possess a firearm in their home State, and where there is no evidence that they applied for any license pursuant to the Massachusetts firearms licensing laws.” Evan Nappen 06:02 Let me just tell you about non-resident Massachusetts laws. They suck. Because a resident of MA can apply and get a carry, and I think it’s good for about five years for the resident. But a non-resident license is only good for one year, one year, and it’s like $100, one year. In or

Episode 193-Storing Guns Outside Your Home Also Available OnPodcast TranscriptGun Lawyer Episode 193 SUMMARY KEYWORDS taft, new jersey, put, ffl, gun, vending machines, ammo, president, carry, holster, roosevelt, sword, terms, storage, good, interesting, range, firearm, fanny pack, durandal SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I get asked often, where can I store my firearms, but not in my home? If I need to find a place of temporary storage? What can I do? Are there places that offer that? It can get a little tricky in New Jersey because you can’t just go and bring your guns to your friend’s house and have them hold it. That’s not a legal transfer. That’s deemed an illegal transfer. So, what can folks in Jersey do? Well, a good friend of the show, John Petrolino, just put out an excellent article called “NJ NICS Research Center Knocks it out of the Park on Storage Map.” (https://bearingarms.com/john-petrolino/2024/07/05/nj-nics-research-center-knocks-it-out-of-the-park- on-storage-map-n1225497) And I think they did, too. I agree with John. He did some great coverage here of the NJ NICS Research Center. This is an article that you can find on BearingArms, which is a great aggregate news site, and they have great writers like John. This is very interesting. This whole idea of gun storage, temporarily, outside the home. Sometimes gun owners need that because of various circumstances. They don’t want to leave their guns maybe at home when they’re going on vacation or going out of state for a while. Or sometimes there are situations in the home where they just don’t want firearms to be there. Whatever the reason, there is a movement on the anti-gun side, which is true, to facilitate offsite storage and how to do it legally. Evan Nappen 02:13 So much so that what makes this so interesting is that the New Jersey Government tried to set up a safe storage, firearm storage, map through the Rutgers New Jersey Gun Violence, it’s always “gun violence”, you know, not criminal violence, Research Center. This was put together by Murphy, and they spent $3 million of our tax dollars to do this. Frankly, their site sucks, which you might expect. But the NNRC did an excellent job. They really researched and put the time in and came up with their list and recommendations. They made sure that the places confirmed it and were able and legal to do so. When you go to their website, which the link is in John Petrolino’s article, of course, but you can go to njnics.com, they have the New Jersey “Firearm Storage Map”. They have other things there, too, that’s of great interest. Their number one recommendation by the way, on the website is FSS Armory in Pine Brook, New Jersey, and Elite Tactical Academy in Easton, PA. They have the information there. Evan Nappen 03:55 But what’s interesting and was pointed out right on their site is that many fraudulent maps are published by anti-gun organizations that wish to disarm the public. One such map was published, as we Page – 1 – of 8 mentioned, by the Rutgers Gun Violence, “Gun Violence”, Research Center, and it cost $3 million. What NJNICS did is they did OPRA (Open Public Records Act) requests, and they put this together. By the way, Rutgers’ expenses were $107,672. NJNIC’s expenses were zero, by the way, and the New Jersey grant, paid by you and me, was $3 million. All right. Keep in mind that NJNICS is not sponsored by any firearm business. They have a storage map, and it’s literally mapped out. They list their top picks. Evan Nappen 04:58 Their top picks are the FSS Armory. They’re in Pine Brook. And Elite Tactical Academy in Easton. Griffin and Howe in Andover, and they have Gunsitters in East Hanover. These are their top picks. They do put under Gunsitters, “inquire about FFL details”. That’s on the website. The other three are straight out recommendations because they are FFLs. Apparently, Gunsitters is not and that’s why they put that little red warning there under that. But these are their top picks. It does say there are more options and that includes Gun for Hire in Woodland Park. They got an “honorable mention”. They have an FFL license. Hackettstown Firearms Storage. They’re an FFL. Tactical Training Center Range in Flemington. They’re an FFL. Full Metal Jacket Range in Ocean View. They’re an FFL. Range 609 in Rio Grande. They’re an FFL. RTSP Range in Randolph and Union Hill. They’re an FFL, as well. Reloaderz in Wayne, and they’re an FFL. You can see their recommendations, their listings and the research that they’ve done. So that if you are looking to store firearms outside your home, even temporarily, these are some places that you could see if they meet your needs. According to N

Episode 192-The Great NJ Carry Review Also Available OnPodcast TranscriptGun Lawyer Episode 192 SUMMARY KEYWORDS carry, place, prohibited, gun, law, firearm, new jersey, state, prohibition, part, exemption, permit, vehicle, jersey, licensed, facility, sensitive, private property, including, educational facility SPEAKERS Speaker 3, Evan Nappen EvanNappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I recently heard a joke and thought I’d share it with you. Don’t hold it against me before we get into the meat of this show. It goes something like this. So, the police were summoned to the scene of a domestic violence shooting. When the cops get there, they see a woman, and they say, Ma’am, did you just shoot your husband with that 9 mm? The woman says, yes, I did. So, the police said, well, why did you do that? And she said, well, let me tell you. I just mopped the floor, and that jerk, after I’ve told him so many times, just walked across it in his dirty freakin’ boots. The officer, of course, called in to the station to tell them about this. His Lieutenant gets on the phone, and he says, say, did you arrest the woman yet? Have you placed her under arrest? The officer said no, sir. I haven’t. The Lieutenant says well, why not? Why not? He said, well, sir, the floor was still wet. So, anyway, there you go. If any of you are married, you’ll understand that one. Yeah, that’s for sure. EvanNappen 01:47 So, I get a lot of letters, and I love getting those letters. The ask Evan about all the crazy gun laws going on in Jersey. But I’ll tell you a letter that keeps popping up, a question that keeps popping up, and I’m dedicating this show. So, here is a sample letter of the question, and we’re going to deal with this completely on this show. Here’s the question. This one’s from Barry, but I’ve gotten many other letters similar. I just need to do a show on New Jersey carry. Basically, where you can and can’t carry. Barry writes, I would like to ask you if there’s an updated list of “sensitive places”. He has my book, he looked at other information and all kinds of things, and he just wants to know. Barry, I appreciate the sentiment. EvanNappen 02:44 Because so many folks have asked, let us review New Jersey’s “sensitive places” law so you can go back and reference on this show. Now when things change, I’m going to let you know. Because we are currently litigating this. We being the Association of New Jersey Rifle & Pistol Clubs. I’m not officially part of that litigation. But, of course, I help the Association at times, and the Association is a sponsor. I am proud to have them as a sponsor of the show. We should be seeing some results shortly. But let’s talk about what is the current situation when it comes to carrying in New Jersey. Where can you carry? Where can’t you carry? What happened was, after the Bruen decision, New Jersey flipped out, basically, and decided to have a big ol hissy fit over the case that could make it clear that their ploy that Page – 1 – of 9 had stopped law-abiding citizens for over half a century from being able to carry in New Jersey. The so- called “justifiable need” trick or block that was in the law and then extrapolated, interpreted, by the court to create this standard that essentially no one could meet. You had to show urgent necessity. Urgent necessity was defined by having to demonstrate that you personally are subject to threats of serious bodily harm or death and that carrying a handgun was the only way to avert those threats. So, basically, in Jersey, you know, if you’ve just been shot and killed, you then qualified for a carry license. This ensured that it was virtually impossible to get, and there were less than 600 civilian carries. Now, since the advent of Bruen, there’s almost 40,000 or more carry licenses, and it’s growing every day. EvanNappen 04:56 But when this law passed, the anti-Second Amendment folks, the Democrats, let’s just call it for what it is, the Democrats, couldn’t handle this. So, they said, look, we can no longer stop the issuance of permits with our old little gambit there of “justifiable need”. Let’s limit where you can use them. Let’s go at the utilitarian value of having a carry permit and try to limit it to the maximum that we can. So, they passed what we call the Carry Killer law. Now, it was challenged in federal court, and we did get an injunction over a good chunk of the provisions. Then the State appealed, and they got a stay on the injunctive relief, meaning they became effective again, until the appellate court rules on it. Now, not all of them were enjoined, not all of them got the stay removing the injunction. So, what it means is, there were still some of the lower court findings of declaration of unc

Episode 191-Guns and Penises Also Available OnPodcast TranscriptGun Lawyer Episode 191 SUMMARY KEYWORDS firearm, new jersey, guns, carry, law, gun owner, gun ownership, gun, automatic shotgun, renewal, required, assault, permit, bayonet mount, requirement, semi, insurance, shotguns, put, criteria SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, you may have heard. It’s kind of like a thing that the anti-gunners and folks, particularly feminists, arguably radical feminist, like to push this a lot. They like to say that men who like guns, oh, they’re compensating for their small penises. Right? You’ve probably heard that BS out there before about that. Well, what’s really interesting is somebody’s group, an anti-gun group, believe it or not, decided to actually research that topic. Yes. They are going to decide and see if, you know, how do guns play out in terms of sexual satisfaction for gun owners? This is from an article by one of my favorite authors, who I’ve mentioned before, Dean Weingarten at AmmoLand. You should all subscribe to AmmoLand. It’s a free service, and they’ll send you the daily news feed. Evan Nappen 01:49 This article is about that very research on those who own guns. (https://www.ammoland.com/2024/06/research-finds-men-who-own-guns-have-greater-sexual- satisfaction/#axzz8dtg6VuAi) What’s really interesting about this research is that it shows a significant correlation between the possession of guns and a man’s satisfaction with his sexual equipment. That’s right. That’s right. So, as the antis like to put out there this other opposite view, it’s really a fantasy and a falsehood that they’re putting out there about this situation. For example. Dean Weingarten in the article quotes the Huffington Post, right the HuffPost, which is a known left wing site. In the article from the HuffPost in 2016, “the compulsion to own firearms stems from an unconscious need to compensate for a deep-seated psychological sense of insecurity and inadequacy in terms of power: in males, specifically for having a small or smaller-than-desired penis.” Evan Nappen 03:23 Well, guess what? Researchers decided to actually test this to see if this in fact is true. They decided to investigate it. This research and all was funded by a group that wants to disarm the American population. It was financially supported by an organization called “Change the Ref”, whose “mission is shifting America’s social response to gun violence. . .”, there you go, “gun violence”, not criminal violence, of course. You know that same old BS, “gun violence”. “. . . by uniting creativity, activism, disruption, and education.” The researchers state that although “Change the Ref” has a clear anti-gun stance, it had no role in the planning or implementation of the study. And I gotta say, I guess that’s actually true. Because this study was published in the American Journal of Men’s Health. Page – 1 – of 7 Evan Nappen 04:35 Guess what they found out, folks? Exactly the opposite, the opposite. They found that the more male gun owners were satisfied with their penis size, the more they were likely to own guns, to own more guns, and to own military-style rifles. That’s right. The more guns, particularly the more so-called assault firearms you own, the more satisfied you are with your penis size, sexuality, and sexual performance. Imagine that. Yep. And what’s interesting here is Mr. Weingarten quotes from the study, a nice little abstract here, in which the study said, “we formally examine the association between penis size dissatisfaction and gun ownership in America. The primary hypothesis, derived from the psychosexual theory of gun ownership, asserts that men who are more dissatisfied with the size of their penises will be more likely to personally own guns. To test this hypothesis, we used data collected from the 2023 Masculinity, Sexual Health, and Politics (MSHAP) survey, a national probability sample of 1,840 men, and regression analysis to model personal gun ownership as a function of penis size dissatisfaction, experiences with penis enlargement, social desirability, masculinity, body mass, mental health, and a range of sociodemographic characteristics.” Evan Nappen 06:42 “We find that men who are more dissatisfied with the size of their penises are less likely to personally own guns across outcomes, including any gun ownership, military-style rifle ownership, and total number of guns owned. The inverse association between penis size dissatisfaction and gun ownership is linear; however, the association is weakest among men ages 60 and older. With these findings in mind, we failed to observe any differences in personal gun ownership between men who have and h

Episode 190-Gun Unsafety Groups Also Available OnPodcast TranscriptGun Lawyer Episode 190 SUMMARY KEYWORDS gun, firearm, new jersey, law, rifle, put, safety, immediate family members, dealer, folks, rights, transfer, muzzleloader, mikey, guns, disclose, lieutenant colonel, switchblade, idf, state SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, these anti-gun groups, the entire anti-gun propaganda movement, no longer go forward saying they’re anti-gun. They don’t say they want to take away the Second Amendment, even though they do. In fact, they’re going to have to push that, given the trifecta of wins in the Supreme Court. But what they try to put out there to soft sell their radical anti- rights agenda is gun safety. We just want gun safety laws. Gun safety. I mean, they don’t know jack about gun safety. They think any gun law that takes away gun rights is somehow enhancing gun safety. But that’s not what gun safety is about. Gun Safety is about the safe handling of firearms. Not the banning of firearms. Not taking away our rights to possess guns and defend ourselves and carry guns and to do all those things lawfully. That has nothing to do with gun safety. So, they don’t actually do training courses. They don’t actually put forward materials on gun safety, but this is what they promote. They call it gun safety, and then sell their destruction of our rights under that banner. Then their cohorts in the media will run with it and say, oh, a Gun Safety Group wants to do this or that. Evan Nappen 02:00 So, this I found particularly rich and delightful. And that was what happened in Maine. Now this is from an article written by Dean Weingarten, who’s one of my favorite gun writers. You can find him on AmmoLand. His articles are always excellent. I always love what Dean writes, and I’m a big fan of Dean Weingarten. So, if you want to read his stuff, and I would strongly recommend that you do, subscribe to AmmoLand Shooting Sports News. (https://www.ammoland.com/) Every day they will send you a news feed of the top gun stories, and a lot of it is original material from great writers. Dean is one of them. In this article, it’s entitled “Gun Control Group has Negligent Discharge at Police Station.” (https://www.ammoland.com/2024/06/gun-control-group-has-negligent-discharge-at-police- station/#axzz8dEjicRrE) This is just hilarious. Luckily, no one was injured or wouldn’t be so funny. Evan Nappen 03:13 But this anti-gun organization known as Humanium Metal, I’m not kidding, this is their libtard name for their group. Humanium Metal was destroying firearms at a Maine Police Department at Old Orchard Beach. The firearms were collected as part of a push by a disarmament group, an anti-2A disarmament group, called, ready for this, folks? The Maine Gun Safety Coalition. Of course, they put gun safety in their name. They’re out to get our rights, take them away, etc. So, the Maine Gun Safety Coalition, while in the process of destruction, one of the firearms discharged! That’s right. So much for gun safety Page – 1 – of 11 for the Maine Gun Safety Coalition. Not that they actually do anything about or even know anything about Gun Safety. They’re just the Gun Safety Coalition so they can sell us their garbage in taking away all right. So, what happened was this. The Humanium Metal organization was working with the Maine Gun Safety Coalition, which is basically the Maine anti-gun coalition, and they were destroying firearms (collected by local Maine police departments). Folks who turned in their guns and wanted to have a safe disposal, safe disposal. Apparently, the Humanium Metal group doesn’t know what the hell they’re doing, because a muzzleloading firearm that was turned in for destruction, that they had to destruct, discharged! Evan Nappen 05:13 So, what they do is they use a chop saw in destroying perfectly fine firearms, somehow thinking they’re doing good by doing this. On one hand, they are doing good by doing it because the less used guns there are, it means more new guns get sold by manufacturers and dealers. It does, in that regard at least, help the firearms business in America. I mean, on the other hand, it’s sad to see any gun destroyed. It’s kind of like the effect after the war, when America dumped its surplus jeeps and all kinds of army surplus into the ocean or otherwise destroyed it so they wouldn’t ruin the business of manufacturing. They didn’t want to harm that. So, they got rid of all this fine equipment, so that manufacturers could continue to do business and make money. So, I guess, inadvertently, they’re aiding the gun industry. And for that, I’m glad. But, of course, their approach is to make this political statement, and they use the cover of gun safety. Evan Nappen 06:23

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