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Gun Lawyer

Gun Lawyer

302 episodes — Page 4 of 7

Episode 153-We’re from the Government… We’re Here To Help.

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

Oct 1, 202331 min

Episode 152- New Training Guidelines

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

Sep 24, 202354 min

Episode 151-For Your Health, No Guns For You

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

Sep 17, 202342 min

Episode 150-Should the Government Have The Combination to Your Gun Safe?

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

Sep 10, 202339 min

Episode 149-If I Only Had A Brain

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

Sep 3, 202327 min

Episode 148-USA to God: “No Thank You”

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

Aug 27, 202331 min

Episode 147- When Dangerous Rinos Attack

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

Aug 20, 202332 min

Episode 146- A 1000% tax on Guns and Mags is Coming!

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

Aug 13, 202332 min

Episode 145-Tell The USPS to honor Justice Scalia

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

Aug 6, 202335 min

Episode 144-NJ’s Use of Force or is it Use of Farce?

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

Jul 30, 202342 min

Episode 143-PTC Training Requirement Update

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

Jul 23, 202338 min

Episode 142-How To Lose Your Gun Rights Without Even Knowing It

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

Jul 15, 202334 min

Episode 141-Don’t Use The Other Sides Words

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

Jul 9, 202337 min

Episode 140-Huge Win for NJ Gun Owners

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

Jul 2, 202334 min

Episode 139-And the Winner is….

Episode 139-And the Winner is…. Also Available OnPodcast TranscriptGun Lawyer Episode 139 SUMMARY KEYWORDS brass, murphy, gun, tramp stamp, stamp, law, suggestions, new jersey, carry, permit, submission, face, rights, firearms, state, book, interesting, evan, battling, casing SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, we’re going to have some fun today because we’re going to look at the submissions to the Murphy Tramp Stamp Contest. And you guys, you listeners are just awesome. You sent in some fantastic, just spectacular submissions. We’re going to read the best ones, and then I arbitrarily I’m going to pick one. But, you know, I want to see the one that would be most likely to be the one that I would actually have on my microstamp gun, if I ever was to even think about getting a gun that does microstamping. Evan Nappen 00:59 But before we get to all that fun stuff, I do want to just give you an update over the recent, within the last few days, Federal Court of Appeals, what they did with regard to the Murphy Carry Killer, anti-Civil Rights bill. It is somewhat of a setback. But it’s nothing to be too disappointed about, because there’s some positive. This is a continuing fight, a continuing battle. So, what happened was on the 20th of June, the Federal Appeals Court temporarily reinstated some parts of the Murphy Carry Killer, anti-Civil Rights bill. The reinstatements occurred to the injunction on a number of the sensitive places. In other words, what it means is that the great Judge Bump had issued an injunction on a number of the sensitive places and a number of other provisions of the bill. By the judge enjoining those provisions, it means that they were not enforceable by the Government on permit carriers. The Federal Appeals Court, based on the State’s motion to stay, meaning stop her injunction and reinstate the prohibitions of the law, granted some of them, and I’m going to tell you in a moment what they are. Evan Nappen 02:43 Of course, New Jersey is always out to destroy our rights, and they’re fighting in the courts to keep these limitations on our gun rights in place. So, New Jersey, temporarily, won on the following issues, and these are now back as sensitive places. You need to be aware that you cannot have your licensed, legal carry gun, law-abiding citizen, none of that matters, if you are in the following sensitive places. The Appeals Court has stayed the injunction of the sensitive place that said within 100 feet of a public gathering, demonstration, or event requiring a Government permit. So, you now cannot carry at a public gathering until we win this appeal. Of course, we are aggressively fighting this appeal, especially the sponsor of our show, the Association of New Jersey Rifle & Pistol Clubs. This is all still being fought. But at this time, beware of carrying your gun within 100 feet of a public gathering, demonstration, or event. Page – 2 – of 10 Evan Nappen 04:11 Zoos – you cannot carry at a zoo. That’s back. You cannot carry at a park, a beach, recreational facility or area owned or controlled by a state, county, or local government unit designated as a Gun Free Zone. That’s back. A publicly owned or leased library or museum. That’s back. A bar or restaurant where alcohol is served and any other site or facility where alcohol is sold for consumption on the premises. You can no longer carry there. Entertainment facilities, that prohibition is back. Casino and related facilities. That prohibition is back. But of course the casinos themselves united to ban guns which is why the Association of New Jersey Rifle & Pistol Clubs called for a boycott of the New Jersey casinos. Don’t give money to anti-gun, anti-Second Amendment, anti-Civil Rights establishments, such as the casinos in New Jersey. Healthcare facilities are back, which prior you could have it at medical offices and ambulatory care. You cannot do that anymore. Evan Nappen 05:27 All of those that were enjoined, meaning made unenforceable by Judge Bump in a brilliant, and one of the most extensive opinions ever written, well over 200 pages, has temporarily been reinstated by the granting of a stay by the Federal Appeals Court. Now the appeal of the state is going to play out in the Federal Appeals Court, and the fight is continuing. This is just one battle in the war on the Carry Killer, anti-Civil Rights bill of Murphy and the Democrats. Now that is the bad news of what this appeals court did. But the good news is the injunction allowing. Remember, they prohibited having guns in a motor vehicle, even a licensed law-abiding citizen with a loaded handgun in their own motor vehicle with a permit was blocked by the Carry Killer law. We call that section of the law, the Car Jacker Protection Law that was enjoined by Judge Bump saying it cannot be enforce

Jun 25, 202345 min

Episode 138-Murphy’s Tramp Stamp Has No Ink

Episode 138- Murphy’s Tramp Stamp Has No Ink Also Available OnPodcast TranscriptGun Lawyer Episode 138 SUMMARY KEYWORDS rsc, gun, great, new jersey, firearm, suppressors, law, representative, cartridge, second amendment, state, carry, gun rights, 25th anniversary edition, ideas, cartridge cases, case, line, permit, conservative SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:17 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. Well guess what? Governor Murphy’s tramp stamp doesn’t have any ink. You may want to know what I’m talking about, and I’ll explain it. His wonderful microstamping law. That’s right. The microstamping law. An article in Politico titled “New Jersey Attorney General’s office five months behind on gun microstamping law”. (https://www.politico.com/news/2023/06/13/new-jersey-microstamping-gun-law-00101537) As per Politico and as per the law, the Attorney General was assigned to investigate the viability of microstamping. This is in the law, and they had to do so within 180 days. Once this technology was deemed viable, then it would become a mandate on dealers. Evan Nappen 01:14 Let me explain microstamping as per the definition in Jersey. Here’s what it does. Under N.J.S. 2C:58-2.13, that’s the statute, “Microstamp means a unique alphanumeric or geometric code that identifies the make, model, and serial number of a firearm.” Then that is placed upon what they call the “Microstamp roster means the roster of firearms that have been designated as microstamping-enabled firearms”. A “microstamping component” is the component of the firearm that will produce a microstamp on at least one location of the expanded cartridge case each time the firearm is fired. “Microstamping-enabled firearm” means a firearm that contains a microstamping component. Evan Nappen 02:14 So, the idea here is to create a gun that produces a cartridge case that has an individual identifier. Of course, many cartridge cases when they’re fired already have this. There is a whole science of forensics where they look at spent cartridge cases and can identify and match up. But really all this is is a high-tech gun registration scheme. Okay, that’s really just always what it boils down to. Registration, and here they go again. They were supposed to find this so-called viable technology. Once this was done and it was determined that this is viable, and here’s a gun that does microstamping, then every dealer in New Jersey is required to always have one of these guns for sale. And in selling them New Jersey is giving a rebate when you buy a microstamp gun, folks. Get a load of this. Ready for how much this rebate is? 30 bucks. Wow. A whole $30 for you to buy a microstamp gun. Page – 2 – of 8 Evan Nappen 03:21 Now think about this. Who wants a microstamping gun? Nobody! Nobody! What is the benefit? Do you want to make sure that your brass has your mark on it? Well, maybe if you shoot a lot at the range and you get into arguments over whose brass is whose. Maybe then it might be a way. That’s mine. Look at my microstamping. Other than that, who wants this? Who’s going to pay for a gun specifically that does this? It’s as silly as it can be. I do have a solution that I’m going to share with you in a minute. But let’s just talk more about this microstamping because it’s all fine and good that a cartridge is going to have this individual marking that gets microstamped. Just tell me what happens though when you use a revolver? A revolver. Wait a minute, all of the shell casings stay in the cylinder. Oh my. Oh my. So, good luck with that. All right, and if you’re going to make a dump of your brass, it’s just a dump to your pocket. It’s not going to fly around the ground. That’s what they’re focused on. This aspect of cartridge cases being sprinkled everywhere. But revolvers don’t do that, you see. So, I don’t know where they’re going with that. Evan Nappen 04:46 But even if you have such a firearm that has this technology, it’s so easy to destroy it with a $2 file. It no longer does microstamping now, that would be illegal though. The law does prohibit anyone destroying that microstamping component of a gun. So, you know, if some bad guy gets a microstamping gun and they’re going to commit a crime with it, they’d never take a $2 file to try to get rid of that microstamping capability. Right? Because they’re just going to obey the law on that, even though they may murder or rob or do whatever with the gun. But they’re sure not going to violate the microstamping law. So, it shows you just how amazingly effective this whole thing is going to be. It’s just a glorious waste of time. It’s something else to burden sellers with, burden gun dealers with. It is, of course, a repr

Jun 18, 202334 min

Episode 137-The Push to Repeal 2A

Episode 137- The Push to Repeal 2A Also Available OnPodcast TranscriptGun Lawyer Episode 137 SUMMARY KEYWORDS second amendment, firearm, gun, new jersey, state, knife, law, repeal, constitutional convention, ban, california, put, guns, switchblade, book, newsom, governor, fighting, amendment, proposes SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, as I predicted not too long ago, eventually, the only solution for the anti-gun movement will be to repeal the Second Amendment. Now with the advent of the hammer of Bruen in our pocket that we can use so effectively against these gun laws and that the fight is clearly going well for us. Of course, it’s an ongoing fight. Now, you see that the antis are pushing for repeal of the Second Amendment. The way that they’re attempting to sell it was just introduced and put forward by Gavin Newsom, the Governor of California. And of course, he’s quite a leftist and not a big surprise that he’s anti-Second Amendment rights and all that. But here’s what he’s putting forward, and it’s very interesting to think of it. Because his proposed Constitutional amendment, which he’s calling the 28th Amendment to the U.S. Constitution, is in effect, a repeal of the Second Amendment. Evan Nappen 01:50 Now, it’s not a total repeal of the Second Amendment, but it’s a repeal that has, well, we’re going to review it, a number of elements that will essentially have the amazing chilling effect, as I’m sure they’re intending. The fact that they’re even proposing and pushing this repeal is proof of just how scared they are, and proof of how they know that they are on a losing side when it comes to what the Second Amendment means and any ability to try to overcome the spectacular opinion written by Justice Thomas. Evan Nappen 02:35 Let’s take a look at what Governor Newsom, more like Governor Nuisance, proposes out of his office news release. What it says is “Governor Newsom proposes historic 28th Amendment to the United States Constitution to end America’s gun violence crisis.” That’s the heading of his news release. So, first of all, it’s not a gun violence crisis. It’s a criminal violence crisis. It’s a criminal violence crisis caused by leftists like Governor Newsom, who get rid of the vigorous enforcement against criminals that leads to. Well, look at San Francisco and LA and all the other great cities and places in the state of California that are under a crime wave. And of course, what does the left do? Classically, they blame guns instead of the actual reality of the policies. Evan Nappen 03:38 So, in his effort to blame guns for the failings of his office, his state and the Democrats in California, he is saying that he proposes the 28th Amendment to the Constitution to enshrine fundamental, broadly supported gun safety measures. Oh, of course, sir. It’s always gun safety when it talks about banning, and it has nothing to do with safety at all. It’s just gun bans, that they lie and call gun safety measures. Then he has the nerve to say, while leaving the Second Amendment unchanged… Well, sure. They’re not going to touch the Second Amendment. They’re just going to repeal the rights that the Second Amendment guarantees us. Evan Nappen 04:23 But the Second Amendment will be there in the Constitution. It’ll just have been eviscerated by the new amendment. Isn’t that cute? But that’s the lying kind of things that Democrats are famous for, especially Governor Newsom and respecting America’s gun owning tradition. Yeah, respecting it all right. As he gives it the finger, figuratively, and literally. The Governor’s proposal guarantees common sense constitutional… Can they put any more of their buzzword BS into this thing? Common sense. Do you want to know about common sense? Don’t do this. That’s common sense. But anyway. Evan Nappen 05:00 Gun safety that Democrats, Republicans and Independents and gunowners overwhelmingly support. Yeah, right. Yeah, right – overwhelmingly support, Including what? Universal background checks, raising the firearm purchase age to 21, instituting a firearm purchase waiting period, and banning civilian purchase of assault weapons. And there you go. We just saw polls recently where the majority of the people don’t want a ban on assault weapons. So, it’s just total crock of lies here. Evan Nappen 05:33 And what he specifically says in this news release is that the 28th Amendment will permanently enshrine four broadly supported gun safety principles. These are guns . . . Did you know these are safety principles, by the way? Think about the audacity of that lie. Here’s the safety principles, folks, that Newsom says. Raise the federal minimum age to purchase a firearm from 18 to 2

Jun 11, 202333 min

Episode 136-How to buy a Cannon in NJ

Episode 136- Largest Gun Ban in USA Also Available OnPodcast TranscriptGun Lawyer Episode 136 SUMMARY KEYWORDS cannon, new jersey, gun, law, alerts, requirements, gun rights, firearm, secured, ammunition, privateers, biden, possess, book, promulgate, place, lawyer, gun laws, school, fight SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, today I want to tell all my dedicated listeners how to get a cannon in New Jersey. I felt that there was a pressing need for this knowledge, and I’m sure that you’ll enjoy learning about this. Now one of the things that inspired me to talk about this cannon information. First of all, of course, it’s fun and who doesn’t like cannons? Also, you may find it surprising that you can actually lawfully have a cannon in New Jersey, since we’re talking about the state that has banned slingshots and made them a felony, but cannons, it’s a different story. You can have a cannon. Now what got me going here is I was looking at some old quotes and other things because the political season is upon us. Evan Nappen 01:13 I was reminded how his fraudulency, the senile sock puppet, made a statement about cannons in which the Washington Post gave him four Pinocchio’s for his statement saying the Second Amendment bans cannon ownership. The article you can see is in the Washington Post, and I see there’s an article here by Dominick Mastrangelo, and it was back in June of ’21. (https://thehill.com/homenews/media/560513-wapost-gives-biden-four-pinocchios-for-saying-second-amendment-bans-cannon/ ) The quote here says, and this is Biden now speaking. “And I might add: The Second Amendment, from the day it was passed, limited the type of people who could own a gun and what type of weapon you could own. You couldn’t buy a cannon.” That’s what Biden says. By the way, he’s repeated that lie numerous times. So, you know, big shock Biden’s a liar, and when it comes to guns, everything that comes out of his lips is a lie, and he doesn’t care that he’s lying. You could spend an entire show on every Biden gun lie. Evan Nappen 02:30 But this one, this one in particular, is very interesting. Because not only is he wrong about “limiting” the types of people who could own a gun, which in the time of our revolution was not even a thing, but there was no limit to what you could own. In fact, historically, cannons were owned by privateers. Privateers had a use for their cannons and that’s why they had cannons. The privateers were individuals that were given what’s called the Letter of Marque from the federal government. The Letter of Marque is in our constitution to this day and that’s where essentially the government can authorize individuals to act as what you would believe to be pirates. But in fact, they’re sanctioned by the government for this. So, their piracy is legal, and they were able to then go after the ships of our enemies. And if they captured the ships, they were the “prizes”, and you could make big money, Page – 2 – of 7 capturing prizes and their cargo, etc., as a privateer. But of course, it was extremely dangerous because the other side often fought back, and there you have it. Cannons were owned by privateers who were private individuals and others that wanted to protect their homes, etc. It was not that uncommon, but for the most part, as far as any restrictions, there weren’t any. Evan Nappen 04:14 The funny thing is you can own a cannon today in New Jersey. As a matter of fact, when Biden says you can’t own a cannon, my response is, oh, really, hold my beer. And I’m not talking about Bud Light. So, let’s take a look here at how you own a cannon in New Jersey. If you’ve ever been tempted to have such a thing, they are a lot of fun. There are reenactments that can take place with your cannon. They’re great noise makers and are a lot of fun. So, first of all, how is a cannon even defined in New Jersey law? Let’s start there. What is a cannon? What’s an antique canon? Well, New Jersey’s definitions are always found in the gun laws under what’s called N.J.S. 2C:39-1. That’s where you find most of the definitions of all the things that New Jersey has decided to regulate. They define antique canon as a “destructive device”. Now a destructive device is any weapon that’s capable of firing a projectile that is greater than 60 caliber, except a shotgun, if the cannon is incapable of being discharged, if it’s an antique cannon, if it’s incapable of being discharged or fired, or for which it does not fire fixed ammunition, regardless of when it was made, or was manufactured prior to 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament, or fo

Jun 4, 202329 min

Episode 135-Largest Gun Ban in USA

Episode 135- Largest Gun Ban in USA Also Available OnPodcast TranscriptGun Lawyer Episode 135 SUMMARY KEYWORDS firearms, gun, law, new jersey, serial number, guns, transport, black powder, manufacturer, state, federally licensed, gun ban, lawyer, gun rights, gun laws, understand, bb guns, jersey, prohibitions, sell SPEAKERS Speaker 3, Evan Nappen, Robert, Detective Walker Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Did you know that New Jersey has the largest gun ban ever in United States history? That is correct. No exaggeration. This is absolute insanity, and I’m going to explain to you how. New Jersey passed what is called the “No Serial Number”, at least that’s how we’re referring to it, the “No Serial Number” gun ban. Now this “No Serial Number” gun ban was passed in a package with half a dozen or more bills by Murphy and the Democrats. All these anti-gun laws, and they targeted what they called “Ghost Guns”, ooooooh, “Ghost Guns”. Now, we know that all the Ghost Gun is is a homemade firearm, and it’s nothing to be afraid of. Americans have been making their own guns since before our country was even a country. But there’s this anti-gun propaganda push, came up with the scary pejorative term, “Ghost Gun”, and then pass every kind of law you can think of to go after this. They are often done with broad, huge strokes, swaths of guns being banned, and that’s exactly what happened here. Evan Nappen 01:54 In this package, they went after homemade guns, making guns, manufacturing guns, 3d-printed guns, CNC (Computer Numerical Control) guns, 80 percenters. All that stuff banned, banned, banned. Serious, serious penalties. One of the other add-ons was the gun with no serial number, gun with no serial number. The problem is how they defined exactly what that gun is with no serial number. Because what New Jersey ended up doing was prohibiting the possession, the sale, the transport, the manufacturer, even the disposition, disposing of, can’t even get rid of a gun with no serial number. They defined this as two parts. For a firearm to be lawful in New Jersey, it must have these two elements. It must be imprinted with a serial number, and the serial number must be registered with a federally licensed manufacturer. So, it must be both of those things to be a lawful, not prohibited, no serial number gun in New Jersey. Evan Nappen 02:33 The problem is that there is no grandfathering, no exceptions, no exclusions. Any gun that doesn’t meet these criteria became banned and is contraband to possess. If you possess such a gun, you’re looking at five years in State Prison as a maximum punishment. If you transport the firearm, if you manufacture such a firearm, if you sell such a firearm, or if you dispose of this firearm, it’s a second degree crime. You’re looking at up to 10 years in State Prison for doing that. The definition of “firearm” is quite broad in Jersey. It’s not what normally is associated with something being a firearm. New Jersey’s definition of Page – 2 – of 10 “firearm” includes BB guns and air guns. It includes black powder firearms. It includes basically all these “guns that shoot”, and it doesn’t have to be modern cartridge firearms. Evan Nappen 04:56 For a firearm to be lawful in Jersey, it must be imprinted with a serial number and be registered with a federally licensed manufacturer. So, that serial number had to come from a federally licensed manufacturer, and here’s where the problems come in big time. First of all, there’s no exemption for pre-1968 rifles, shotguns, or handguns that don’t have serial numbers. Prior to 1968, there was no federal law that required serial numbers on firearms. Remember, the reason for a serial number originally was to be a theft deterrent, and so that you could identify your firearm by serial number to help curtail theft. That’s why the laws that existed were to stop defacing firearms. It’s where you remove a serial number that’s already been put on a gun. This was all about anti-theft. This was hijacked by the anti-gunners so that the use of a serial number would be for registration of guns and for eventual confiscation of guns. That’s how serial numbers are currently being used and abused. Evan Nappen 06:27 So, here, we have a situation where the pre-68 what are called “NSN” (No Serial Number) guns are contraband in New Jersey. There are literally millions of these firearms that never had a serial number in the first place. They’re perfectly lawful, and they were even sold by major companies. Even FFLs, whenever they would encounter a gun, would write on their inventory tag NSN which meant No Serial Number. That was fine, but it’s not fine anymore in New Jersey. All those

May 28, 202336 min

Episode 134-You Have Your Carry Permit… Now What?

Episode 134-You Have Your Carry Permit… Now What? Also Available OnPodcast TranscriptGun Lawyer Episode 134 SUMMARY KEYWORDS carry, prohibition, handgun, gun, prohibited, place, firearm, permit, new jersey, law, facility, gun rights, lawyer, judge bumb, casinos, insurance, book, including, public, exemptions SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Boy, these sure are exciting times. Judge Bumb in the Federal court case released her incredible decision. I mean, it is 235 pages, and it is decisive. It is virtually a book unto itself. This really lays out her opinion so strongly. So well done. She knows that this is going to most likely go up the line, and she has really put forward an incredibly strong opinion, and an order on the preliminary injunction, which has changed a number of things, some really spectacular things. Evan Nappen 01:11 What I want to do today is go through the changes and go through what you need to know if you’re carrying a handgun in New Jersey with a Carry Permit. What is the law now? What do you need to know? Where can you carry? Where can’t you carry? A basic, fundamental, understanding of the rules that you hear from me, so that you don’t get into trouble and where we stand. Let me just say, right off, one of the most important things that the judge did was enjoined, which is stop the application of, stop the enforcement of the insurance mandate in the Carry Killer, anti-Civil Rights bill by Murphy and the Democrats. The bill, amongst a whole bunch of other things, mandated that individuals have liability insurance if they carry a gun in public. This was to take effect on July 1, and it would have been devastating. Because no such insurance is available. Nothing meets the bill because the law essentially required insurance companies to insure intentional acts, and nobody was touching it. Evan Nappen 02:44 We were heading into a disaster if the insurance requirement was not found to be unconstitutional and enjoined. I’m happy to say that that’s exactly what happened. So, we are in good shape over that being killed by the judge. No insurance mandate. Huge news. It had the potential to absolutely wreak havoc because it’s not just permit holders, those with carry permits, but anybody who carries a firearm in public needed insurance. So, even if you didn’t have a carry permit and you carried your handgun at the range to practice or you carried your handgun in your place of business that was open to the public, even though you would normally be allowed to, you would be required to have insurance even without a permit. It would have just wreaked havoc but that has been enjoined. You do not need to get liability insurance to exercise your Second Amendment rights to carry in public and defend yourself. Evan Nappen 03:59 Page – 2 – of 11 Now let’s take a look at the situation because you’re all excited now that you got your carry permit. You’re looking forward to being able to defend yourself and your loved ones. No longer be a victim, but rather a defender if you ever have to be. You’re no longer denied the most effective means to defend yourself and your loved ones. But what are the parameters that you need to know? Well, starting right away with the permit itself. Permits are good for two years, which didn’t change. So, keep that in mind. You don’t want to forget about your carry permit and have it expire. They last two years. The permit applies only to handguns carried by the actual permit holder. So, your Permit to Carry doesn’t allow your spouse to carry a gun unless your spouse has his or her own carry permit. Evan Nappen 05:00 The law does require that your firearm be carried concealed on your person. It does not authorize individuals to carry openly. New Jersey strictly has concealed carry, not open carry. The only exception to that is if there’s a brief, incidental exposure, of the handgun when you are transferring it from a holster or shifting of your body or clothing. But other than those brief incidental exposures, it needs to stay concealed. Open carry is prohibited. The application fee is still in effect at $200. Make sure when you carry that you have the proper holster. Not only does it have to be on your person concealed, but the holster has to retain the handgun. At a minimum, it has to conceal and protect the main body of the firearm. It has to maintain the firearm in a consistent and accessible position. Make sure you have a good belt rig for your firearm. You have to make sure the holster covers the trigger, and it is inaccessible. The trigger is inaccessible while the handgun is seated in the holster. You need to have a holster that conforms to this because if your holster doesn’t conform, then it’s illegal, and you can face a felony charge for not having the proper holster. So, you want t

May 21, 202347 min

Episode 133-Making Bart Simpson Legal

Episode 133 Making Bart Simpson Legal Also Available OnPodcast TranscriptGun Lawyer Episode 133 SUMMARY KEYWORDS slingshot, new jersey, law, gun, weapons, montalvo, defense, second amendment, gun rights, large capacity magazine, lawyer, prohibited, shoot, case, slung, carry, anti, heller, guns, freedom SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi I’m Evan Nappen, and welcome to Gun Lawyer. So, there’s now an effort underway in New Jersey to make Bart Simpson and Dennis the Menace no longer felons. That’s right! A bill was just put forward, not too long ago, right in May. I think it was May 8. To legalize slingshots in New Jersey. That’s right. Now, I have to be honest. I have mixed feelings about this. You know, I love seeing anything that makes freedom increase, that makes liberty increase, that gives us greater rights, and I don’t belittle anything that shoots. I want to have the freedom when it comes to that, and I’m sure you do, too. The only thing about legalizing slingshots in New Jersey that would bother me a little bit, but, of course, I’m for this bill, so don’t misconstrue it, is that when it comes to having to address the absurdity of New Jersey’s laws, if I’m in a state or if I’m talking to people that don’t understand guns, all I need to tell them is that New Jersey makes possession of a slingshot a felony. And they basically fall off their chair. What? That’s right. That’s how extreme. That’s the starting point. Evan Nappen 01:47 To demonstrate just how stupid New Jersey is to have slingshots, what is a felony level offense, a fourth-degree crime, currently, to unlawfully possess a slingshot in New Jersey. It bans them by name, and if you are charged with unlawful possession of a slingshot, you’re facing up to 18 months in State Prison. If you become convicted of possession of a slingshot, you lose your gun rights for the entire country because you’re now a convicted felon and are a prohibited person because you had a slingshot. How embarrassing would that be to lose your gun rights because you possessed a slingshot. So, New Jersey, by this law, has made Bart Simpson and Dennis the Menace, if they were real people, they’ve made them into Nappen 01:47 felons by their possession of a slingshot. Evan Nappen 02:51 You can watch many shows where, children’s shows, there’s even shows where they substitute in some of the kids movies, the Cowboys had slingshots instead of guns. They’re against guns, and they don’t want to show a gun. So, they have the character have a slingshot because it’s essentially something associated with children. Now, I understand slingshots can be dangerous. Many things can be dangerous. The back of my shoe, if I’m hitting you on the head, can be dangerous. All right. Page – 2 – of 8 Evan Nappen 03:27 The absurdity of slingshots is that bows and arrows are lawful. There’s no prohibition per se on a bow and arrow. Now, if you use it unlawfully, sure that’s a problem. If you possess it and use it as a weapon, as a deadly weapon, yeah, that’s a problem. But there’s no ban on bows and arrows. Yet, you can get compound bows or even crossbows, and they can fire pretty lethal arrows, broadheads, etc., and that’s fine because it’s not an issue. People aren’t robbing 7-11s with bows and arrows or slingshots, so they can’t rationalize it to a ban the way they would like to do it. So, there you are. You have a slingshot, but you can have a crossbow that fires a razor broadhead. And not that that should be prohibited. It shouldn’t be. Evan Nappen 04:27 The crossbow is fine, but not a slingshot. Come on, why is that? Why is that even prohibited? It honestly became prohibited by mistake, and that is what I was able to trace. There was an article years ago in the Star Ledger that I had worked with one of the reporters on demonstrating this. You see in the original law, what it banned, was slung shots. If you look at the statute, you’ll see it makes sense. Because the whole list of weapons that are in that prohibited category are what are known as impact weapons. There’s billy, blackjack, metal knuckle, sand club, and then slingshot. What does the slingshot have to do with these other weapons that are designed to be impact weapons, that you hold in your hand and whack somebody with? Evan Nappen 05:32 So, what it actually said was slung shot, slung shot, a slung shot, but the dummies at the Office of Legislative Services or whoever, thought slung shot was a typo and changed the “u” to an “i”, and slingshots became prohibited in New Jersey instead of slung shots. A slung shot is essentially a weight at the end of a chord. Some people call it a monkey’s fist. A slung shot was used as an impact weapon and that’s what it said, original

May 14, 202333 min

Episode 132-Since you asked…

Episode 132-Since you asked… Also Available OnPodcast TranscriptGun Lawyer Episode 132 SUMMARY KEYWORDS new jersey, firearm, law, carry permit, machine gun, gun, written, trigger, gun rights, guns, great, sign, range, lawyer, book, question, karl, carry, state, gun owner SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Have you ever wonder how come after any atrocity committed with a gun, Democrats think the answer is take away guns from those who didn’t do it? I always wonder why that’s their knee-jerk reaction. But anyway, I’ve got some great questions that have come in from listeners. These really get me thinking about stuff. I got to say you guys are really something. You come up with some interesting questions, and I have to ponder them. So, here’s what I’d like to start off with. Evan Nappen 00:58 This is from Bill, and Bill says regarding – are slam-fire shot guns, machine guns? Hi, Evan. My question for you is: are slam-fire shot guns, like the Ithaca Model 37, machine guns in New Jersey? He talks about N.J.S. 2C:39-1.i, which defines machine gun as: “Machine gun” means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom. A machine gun also shall include, without limitation, any firearm with a trigger crank attached.” Think about that. Any firearm with a trigger crank attached. Well, I’m kind of cranky at times. What if I attach my finger to a trigger, does it . . . No, I’m just kidding. But the thing is that the trigger crank was added in by the way by Murphy, and in the adding of the trigger crank though, they specifically exempt Gatling guns, which I think is really great. Machine guns are prohibited, but Gatling guns are specifically allowed. So, if you want a Gatling gun in Jersey, you can have one. And man, some of them are really nice. Those old Gatlings are pretty cool. But anyway, I digress. Evan Nappen 02:36 So, the question with Bill here is, are slam-fire shotguns, machine guns? What he’s referring to as a slam fire are certain pump-action shotguns as he correctly identifies an Ithaca Model 37, but also the most famous would be the Winchester 1897. Those are guns where if you hold the trigger back, just like you would on a single action revolver, if you hold the trigger back and then pump the action, every time you pump, it will fire without you having to release the trigger, and then pull the trigger. So, you simply hold the trigger back and then pump away. Boom, boom, boom, boom, boom, boom, boom. And it’s fun. Slam-fire shotguns if you haven’t done it. If you have a gun that allows you to do it. Page – 2 – of 8 Evan Nappen 03:35 It reminded me on slam fires of an interesting. There’s an interesting book, subversive literature. You may have heard of it. It’s The Poor Man’s James Bond. This was a book that competed with the Anarchist Cookbook. The famous Anarchist Cookbook that you should not rely upon, because a lot of the information in that book is seriously flawed. Now The Poor Man’s James Bond is actually a better book of interesting, improvised weapons and was written by a guy named Kurt Saxon. In that book by Kurt Saxon, he talks about when he took a Winchester Model 1897, and he tricked it out by putting a mag tube extension. I think it held like 10 rounds in it. Then he put this T-bar handle with a roller on the end of the bar to the pump. So, you literally would pump this “T”, it stuck out like a stent gun mag off the side of the shotgun. You would pump it, and it would roll in your hand. By holding the trigger back, you could like Ba ba ba ba ba ba. You could really rip that slam-bang action by pumping it with that roller pump mechanism that he outlines how to do in The Poor Man’s James Bond. Evan Nappen 05:07 But anyway, be that as it may, the question is, are slam-fire shotguns machine guns in New Jersey law? Now that’s something. I had not really considered. Because slam-back shotguns have been around a hell of a long time. Like I said, the Winchester Model 1897, one of the classic pump shotguns that have been around since, well, the late 1800s, was a slam fire. I have never heard of anyone prosecuted for possessing an old Winchester 97 shotgun as a machine gun. There’s only been about a million Ithaca Model 37s out there that function in the same way, and no one’s ever been prosecuted for that. So, if you technically read Jersey’s law here, yes, it appears so because of the requirement that a trigger be pressed for each shot. The trigger pressing for each shot is where we get into the argument. Evan Nappen 06:14 Now, you could argue, though, that you are

May 7, 202336 min

Episode 131- Evan’s New Book

Episode 131-Evan’s New Book Also Available OnPodcast TranscriptGun Lawyer Episode 131 SUMMARY KEYWORDS firearms, new jersey, book, law, gun, guns, explain, jersey, permits, gun laws, insurance, carry permit, folks, exemptions, chapter, important, gun rights, topics, laws, lakewood SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. I have a really great announcement to make. It’s something that I’m extremely excited about, and I can’t wait to share it with you. And I’m here today able to share it with you, thanks to our sponsors, which are the Association of New Jersey Rifle & Pistol Clubs, and WeShoot, which is a fantastic target range down in Lakewood, New Jersey. We’re going to talk more about our sponsors later. But let me tell you what my exciting news is. And that is, I have a new book. The new book is The New Jersey Gun Law book. My famous New Jersey Gun Law book. But it is the 25th Anniversary Edition, folks. Yep. Pretty old, I gotta say. 25th anniversary edition. Evan Nappen 01:17 It is fully and completely revised and updated and brought to complete current state of the law. We are talking about hundreds and hundreds of man hours that I put in to get all of this in one source for you, folks. Really did, because it’s a labor of love. And I mean, it really is a labor of love. This book is the Bible of New Jersey Gun Law. If you aren’t familiar with my book, it is different than any other law book you’ve ever seen. I actually take 120 of New Jersey’s toughest gun law topics, all the confusing things, and I address each topic in an FAQ, in its own FAQ format, so that you are able to understand the New Jersey gun laws. Imagine even making that statement – able to understand New Jersey gun laws. Yes, you actually are able to, by using my book, and I purposely wrote it this way. I purposely set out in my mission and my calling to teach New Jerseyans New Jersey gun law. So, they don’t become victims of New Jersey gun law. Evan Nappen 02:49 Because New Jersey gun law has been, as long as I’ve been a practicing attorney, a trap. It’s been a trap for gun owners, so they can get ensnared and then get disenfranchised of their Second Amendment rights. It’s all a giant setup. In order to be a law-abiding gun owner in Jersey, you’ve got to know these laws. You’ve got to follow and play that game. And if you don’t, the consequences are very serious because New Jersey gun laws are felony level offenses, left and right, for the dumbest stuff. I mean, where else in the country is possession of a slingshot a felony? But in New Jersey, it sure is, and the laws are a seamless web. So, if you wanted to understand New Jersey gun law on your own, and you just said, hey, let me read the law in the law book. You’re not going to know Jersey gun law from that. You’re going to need to know the cases that interpreted the law. You’re going to need to know the Attorney General and State Police opinions that may affect that law. You’re going to need to know the Page – 2 – of 11 laws in other places and in other statutes that affect the law. It’s this seamless web of law to try to understand any given topic. Evan Nappen 04:20 By the way I’ve done it, I’ve broken it down in topic by topic and can give you the understanding. Then once you have that understanding, you can read the actual laws yourself, look at the sources that I’ve identified, etc. and gain your body of knowledge from it. Let me tell you. When I first started and was a brand-new lawyer, I was asked to speak at some gun clubs about the gun laws because people wanted to know about them. So, I was at a gun club. I was actually at the Jersey Arms Collectors up in North Jersey, and it was one of their collector meetings. I was going to talk about the gun laws, and I put together a little photocopied pamphlet of just the laws themselves. Chapter 39, Chapter 58, and some other interesting laws. I put some other little things together in this other stuff that I thought was important for the meeting. I had it bound. I had to put in little, do you remember those little plastic spiral bindings? You don’t see them too much. Those plastic spirally things that go through all the little holes on the side of paper. So, I had the spiral bound things, and I got them done at the stationery store at the time. I had about 40 of these booklets that I just made up, and I went and gave the talk. Evan Nappen 06:08 I had them and I said, look, you can have these for just $5 each. It’s what they cost me to have them bound. And to do this, maybe it was four or five, whatever it was at the time. I couldn’t believe it. I sold every one of those books, and I wasn’t going there to sell books, folks. But everybody wanted one. And I said, wow, there really

Apr 30, 202345 min

Episode 130-Ignorance of the law Is a defense

Episode 130-Ignorance of the law Is a defense Also Available OnPodcast TranscriptGun Lawyer Episode 130 SUMMARY KEYWORDS firearms, new jersey, gun, state, handguns, question, law, carry, lawyer, registration, dealer, faq, acquisition, pistol, police, shoot, gun rights, case, possession, folks SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:11 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, I’ve been getting a lot of mail. A lot of emails from my beloved listeners, and a lot of them were telling me how much they appreciated the ammosexual episode, which I did enjoy. Here’s one of the many, many emails that I got a kick out of, and I’ll just share with you. This is from Reggie regarding ammosexual reveal. Hi Evan, funniest podcast ever. My father-in-law and I listened this morning and couldn’t stop laughing. We both have had ammosexual tendencies and finally felt the comfort to reveal to each other our own ammosexuality, and it was so liberating. We decided to adopt the Mozambique war flag with the AKs as our symbol and flaunt our pride as flaming ammosexuals. Best regards, Reggie. Hey, Reggie, I’m glad I could help, and I understand just how much of a relief it is to understand our tendencies and to just come to terms with them as I’ve been happy to share with you. So, thanks, man. I appreciate all the email and everybody else that wrote. It’s great. Evan Nappen 01:35 I also appreciate our sponsors, of course, which is the Association of New Jersey Rifle & Pistol Clubs. They are the state gun rights, and NRA affiliate for New Jersey. Fighting for our rights, both in the courts and in Trenton, in the Legislature. And also, WeShoot, which is a great target range down in Lakewood. You should definitely check out WeShoot. It’s very important to make sure you go to our ranges. Ranges are critical so that we have a place to shoot, and we can train and stay sharp. We’re going to talk more about what our great sponsors do in a bit. Evan Nappen 02:16 But I have another letter here. This one is from Michael, and Michael says regarding CC permit liability. CCW permit liability insurance. Now, of course, I’ve mentioned it before, and I don’t want to be a ballbuster about it. But we don’t have a CCW. Although it does require us to be concealed in New Jersey, but it’s not a Concealed Carry Weapon. What we actually have is a PTC, a Permit to Carry, a handgun, but that’s alright. I understand. It’s kind of stuck in the ether there with our CCW stuff. I just received my CCW permit from Toms River. Where can I get the CCW permit insurance that Governor Murphy requires by June? Actually, it requires it by July 1. For a minimum of $300,000? It seems New Jersey blocks insurance companies from issuing policies. So, where can I get CCW permit liability insurance? I have no restrictions on my permit. Thank you, Mike. Page – 2 – of 10 Evan Nappen 03:18 Mike, I do appreciate the letter. It’s a good question, and the answer is you can’t. You can’t get it anywhere. Nobody has it. Nobody sells it. The reason nobody has it and nobody sells it is because insurance companies are interpreting the requirement as having to insure an intentional act. Insurance companies don’t insure for intentional acts. They insure for accidents and negligence and that kind of thing. So, until we hear of an actual policy that is approved by the Attorney General, because then we could rely on it. I’m going to tell you why if the Attorney General ever actually says this is okay. We’re going to get to why we could then rely on it. Even though it may not even meet what the statute says, but it gives his blessing, and we’d be okay. I’ll tell you about that. We’re going to get into more detail about that. But that hasn’t happened, folks. It hasn’t happened. No major insurance company, of any type, that I’m aware of, actually has a product that can be sold to meet this requirement. If they had it, it would be out there. Evan Nappen 04:24 I know that U.S. Law Shield would be happy to have members have it. I know that other folks would be advertising all over the place. I have heard that some other companies try to claim that your homeowners with an addendum, but it actually isn’t meeting the bill of what is necessary. So, until unless the Attorney General gives the thumbs up for those things, we don’t have anything available. It doesn’t exist. So, if July comes around and the litigation brought by the Association and other gun groups isn’t successful in killing the insurance requirement, then it will be a felony level offense to carry your gun with a carry permit without having the liability insurance that is unobtainable. So, it will effectively kill concealed carry in New Jersey, unless we can get that either knocked out as unconstitutional or somebody comes

Apr 23, 202340 min

Episode 129-Courts Fed-up with Carry Permits

Episode 129-Courts Fed-up with Carry Permits Also Available OnPodcast TranscriptGun Lawyer Episode 129 SUMMARY KEYWORDS gun, courts, permits, smart, new jersey, carry, gun rights, handguns, judges, lawyer, carry permit, fighting, ranges, law, evan, decision, dealers, license, shoot, longer SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 My name is Evan Nappen, and welcome to Gun Lawyer. Our sponsors of the show are the Association of New Jersey Rifle & Pistol Clubs and WeShoot, which is a great target range down in Lakewood, New Jersey. I have some interesting news to tell you. Something that I’ve seen throughout my career and always said, man, what is the biggest problem when it came to carry licensing? The biggest problem was “justifiable need”, and it was created by none other than the Courts. That’s been decades and decades of repression against our rights by this court-created test that basically no one could meet. Because it was engineered to do just that. By taking the words “justifiable need” and twisting them and torturing them into meaning so-called urgent necessity. Really? Where did that come from? And then making urgent necessity into this onerous two-part test of having to show that you need to use deadly force before you need to use deadly force and that the only answer to your problems is carrying a handgun for deadly force. So, basically, if you have just been shot and killed, you qualify for carry license in Jersey. It was just disgusting. Evan Nappen 01:56 Along comes the wonderful Bruen decision that eliminated justifiable need, that eliminated this game created by the courts. This Gambit. This bar. This block preventing us from having guns for so long. And you know, the courts never should have been involved in licensing. They never should have been involved. Because the courts are the judicial branch. Licensing is an executive function. Of course, those of us that still had civics, remember there are three branches of government. Your judicial, executive, and legislative. The court should never have been a licensing authority at all. But decades and decades ago, they said, hey, we’re going to do this, because we’ll accept doing this. We want to do this. And do you know why? Because they wanted to screw us. That’s why. They saw it as the opportunity to stop the spread of guns. We’ve got to keep guns off the street. You know, this is the mentality. Evan Nappen 03:08 Now with Bruen and the elimination of that block, and courts now had real work to do. Actually, issuing licenses that they have to now issue. And they don’t like that you see. They didn’t like that. So, they lobbied hard to the legislature with the Carry Killer, anti-Civil Rights bill, which originally was going to take judges out of the picture six months after its passage. Oh, no, no, no, no, no. They wanted it right away. As soon as it passed, they wanted to be done with carry licensing, you see. That was put in so Page – 2 – of 7 that New Jersey no longer has judges issuing carry licenses. And you know, given what a giant pile of crap the Carry Killer, anti-Civil Rights bill was, the one gold coin hiding, in it was getting rid of judges from being the issuing authority. Evan Nappen 04:04 But now we have a new directive from the courts. This directive really is just disgusting, and just so reprehensible to what we’re supposed to be about. Yet in the big picture, it’s kind of funny. Because what it says, in so many words, is that the court is fed up with issuing carry licenses. They are fed up with it. They don’t want anything to do with it anymore. Let me read you this directive here that just came out. It was dated April 3, and here’s what it says. It’s to all the Assignment Judges and the Trial Court Administrators from the New Jersey Courts. And it says, “Gun Permit Procedures – Requests to Amend Carry Permits”. https://www.njcourts.gov/sites/default/files/notices/2023/04/n230410a.pdf Evan Nappen 04:57 You see, the judges after the Bruen case, now they had to issue licenses. So, they still tried to screw around the best they could with stopping us from having carry permits that could be useful. Not all the judges. Some are pretty good and did the right thing. But others added provisions and restrictions and all kinds of stuff. They conflated the RPO requirements with gun permits and put guns listed as specific guns you were restricted to carry. You had the (Judge Joseph W.) Oxley special there where he was putting that you had to conform to N.J.S. 2C:39-6.g provisions, which only apply to exemptions. Exemptions that require you to have your gun cased and unloaded. And that’s precisely what a carry permit stops. This is precisely what a carry permit says you don’t have to do. Yet, he’s trying to impose an exemption requirement where it doesn’t belong at all. Som

Apr 16, 202328 min

Episode 128-Are You an Ammosexual?

Episode 128-Are You an Ammosexual? Also Available OnPodcast TranscriptGun Lawyer Episode 128 SUMMARY KEYWORDS ammo, sexual, sexuality, shoot, gun rights, firearms, gun, fighting, lawyer, anti gun, identity, evan, important, gun laws, pride, folks, people, trenton, ammosexuality SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, we have some interesting news stories that have been coming through with the teletype. Imagine that teletype. But anyway, one of them I want to talk about today that I thought was particularly interesting. It involves the Democrats switching their party in North Carolina in Charlotte. This is interesting because of what happened to this Democrat, and it actually intrigued me to talk about and share with you a very important, a very important, topic that I know you’ll all want to hear and think about. Before I go any further, let me just thank our sponsors. Our sponsors are the Association of New Jersey Rifle & Pistol Clubs. They are the NRA state affiliate in New Jersey for helping to make this show possible. And for our good friends at WeShoot, which is the target range and training facility down in Lakewood. WeShoot. It is weshoot usa.com for their website. We’re going to talk more about our sponsors, of course, because we love them, and they help make this show possible. Evan Nappen 01:50 They make it so I can talk to you about things such as the Charlotte Democrat. This is a NC State Rep, and her name is Tricia Cotham. Anyway, she switched parties to Republican and that gave the Republicans a supermajority in North Carolina. She did this after the vote came down removing the Jim Crow-era racist gun laws off North Carolina’s books. And what happened was, all the Republicans voted for it. The Democrats didn’t vote for it. However, what some of the Democrats did, including this Democrat, was they abstained. They didn’t vote at all. So, they didn’t show up, basically, for the vote. They didn’t vote. And by not voting, it overrode the Democrat Governor’s veto. Because you know how Democrats always want to keep the racist gun laws on the books. So, it overrode it. Other Democrats were extremely upset with her allowing the veto override and removing the Jim Crow-era gun laws from the books. Evan Nappen 03:09 Here’s where it got really interesting because she was being interviewed. This is actually an article from Fox News. (“Charlotte Democrat switched parties after being called ‘ammosexual’, critiqued for invoking Jesus Christ” by Charles Creitz, Fox News) (https://www.foxnews.com/media/charlotte-democrat-switches-parties-called-ammosexual-critiqued-invoking-jesus-christ). They’re questioning her about why did you change parties. She says, “I noticed some pretty big changes in the Democrat Party right when I got here, and it was very disturbing,” is what she said. This is right from the article. It says, she added Page – 2 – of 6 that she has the stars and stripes on her vehicle, notice she has a flag on her vehicle, and she speaks openly about her faith. Boy, can you believe that? She said, “I’ve used Jesus several times when I’ve led our chamber in House prayer.” She was told you can never trust a Democrat who wears camo. All right. And just this week, I was called an ammosexual. Well, that really grabbed me right there. She was called an ammosexual, and I’m like, an ammo sexual? What is an ammosexual? Evan Nappen 04:22 So, I decided, like everyone else, let’s just go to wiki and look up ammosexual, shall we? And what does it say? It says, “A person obsessed with owning guns; a zealous supporter of the right to bear arms.” So, what did I discover about myself? I am coming out, officially, today as an ammosexual, and I want to discuss with you ammosexuality, because it is clearly an important topic. I think there are a lot of things you need to consider about ammosexuality and that you may, in fact, be an ammosexual as well. You just don’t know it. So, we need to look at these things. Because let me tell you, coming out as an ammosexual, it takes courage today to do that, in today’s anti-gun environment, of course. Although it was used as a slur against this representative from North Carolina, it is not, of course, a slur. It’s something we need to be proud of. We have pride in our ammosexuality, and I’m sure you can understand why that’s so important. Evan Nappen 05:41 If you start to understand and see in this new light about ammosexuality, you realize that so many people are actually ammosexuals, and many of these ammosexuals are repressing their ammosexual desires. You see this particularly in the most anti-gun, the most anti-gun voices out there. Many of them are actually closet ammosexuals, and they’re closet ammosexuals becaus

Apr 9, 202328 min

Episode 127-Gun Lawyer Talks Back

Episode 127-Gun Lawyer Talks Back Also Available OnPodcast TranscriptGun Lawyer Episode 127 SUMMARY KEYWORDS permit, firearm, new jersey, carry, gun, state, gun rights, handguns, law, guns, fighting, atf, court, requirement, issued, north carolina, nfa, check, anti, jersey SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, I’ll tell you what, folks, there’s been a lot of things in the news. I’m sure you’ve been following them. A lot of anti-gun politics, and I’m sure you feel the frustration when you hear these people talking in their absolute garbage that they’re spewing when you and I know the truth. They have no clue what they’re talking about. Let me tell you, it is ridiculous, and this is why I’m so happy to have this podcast, Gun Lawyer. Because I am able to talk to you, folks, and we’re able to vent about this and expose their lies. Very thankful to have our show sponsored by the Association of New Jersey Rifle & Pistol Clubs, which is the state NRA affiliate in New Jersey. I am also very proud to have as a sponsor, WeShoot, which is a great range in Lakewood. They are just a wonderful place, and I highly encourage my listeners to check out WeShoot. Evan Nappen 01:43 Anyway, we’ve been listening to this stuff, and it made me think a little bit about, well, some of you may recall the comedian, Jeff Foxworthy. Jeff Foxworthy used to say “you’re a redneck if blah, blah, blah”, and he’d have these great jokes. Well, I’m going to modify that a little bit. So, with apologies to Jeff Foxworthy, I say “you’re a dumbass when you say or believe that somehow banning so-called “assault weapons” will stop a mentally deranged person from committing mass murder.” And I’ll tell you what, “you’re a dumbass when you constantly are calling for gun laws that condemn small concealable deadly handguns, and then have the Justice Department put forward a new rule that makes handguns that are increased in size by way of a pistol brace, illegal under the NFA (National Firearms Act) and restricted under the NFA.” I mean, how absurd is that? Evan Nappen 03:13 And I’ll tell you what, “you’re a dumbass when you complain about Constitutional carry and claim that it’s going to be the “Wild West”. How many times have you heard them say, ‘oh my god, it’s gonna be the Wild West when 25 states have enacted constitutional carry” and none of them became the Wild West. As a matter of fact, we’re looking now at number 26, which will be Florida, because the Constitutional Carry bill passed the House and Senate, and it is on the way to Governor DeSantis’ desk. He has said that he will sign it and that will make Florida the 26th state. Therefore, a majority of states in the United States will have Constitutional Carry. That means law-abiding citizens no longer need a permission slip in the majority of America to carry a handgun concealed on their person for self-Page – 2 – of 9 defense. They no longer have to be victims, but can in fact be defenders. It is an amazing, amazing transformation into liberty. Evan Nappen 04:51 Let me tell you, that’s a rare thing these days, because there aren’t too many areas where Americans are gaining freedom. All you ever hear about is we need a new law, and their new law takes away freedom. Rarely, rarely, do we gain freedom back. Here the movement of carry, the ability to have that concealed firearm that you can carry to defend yourself, has been one of the greatest examples of the expansion of not only our right to keep and bear arms, but of just freedom. Freedom. Because it wasn’t until the early 1980s, when Florida was really the first state, modern state, to get “shall issue” carry permits. From shall issue permits and their popularity spreading throughout the states, individuals became used to and accustomed to carrying a handgun for defense. Evan Nappen 06:11 Then the next step of saying you don’t even need a permit anymore, which is how it should have been originally, has then grown in liberty. And what you see here is incrementalism working for us, not against us. Because many of our gun rights were taken away one slice at a time. This salami tactic of taking away rights. They banned this. They go after that. They cut here. They cut there. They cut, cut, cut. And before you know it, you don’t have any rights left. As much as we want to have a clean sweep and restore all our gun rights, in reality, it’s not how it works. In reality, as the carry movement demonstrates it, step by step, we gain our rights back. And what a great example to gain our carry rights back to the point of needing no permits whatsoever in the majority of America. To be able to defend ourselves and hav

Apr 2, 202341 min

Episode 126-Permit Denied! But You Can Keep Your Guns

Episode 126-Permit Denied! But You Can Keep Your Guns Also Available OnPodcast TranscriptGun Lawyer Episode 126 SUMMARY KEYWORDS new jersey, firearms, gun, second amendment rights, denied, gun rights, guns, firearm, laws, lawyer, state, judge, possess, gun laws, carry permit, forfeiture, case, fighting, expungement, mu SPEAKERS Evan Nappen, Louis Nappen, Speaker 3 Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So guess what, we have a new sponsor at Gun Lawyer. That’s right. In addition to the Association of New Jersey Rifle and Pistol Clubs, I’m also proud to introduce WeShoot, WeShoot, which is a fantastic shooting range in Lakewood, New Jersey. (www.weshootusa.com) They have twelve 25-yard indoor ranges. They also have training and can get you all set to get your carry permit in New Jersey. It is a really great fun range, and I’m really psyched to have WeShoot on Gun Lawyer. Evan Nappen 01:06 We have some exciting news, though, to talk about. Very exciting, and that is the new case that just came down. I’m proud to say my firm brought and won, and the case was an Appellate (Division) case that was argued by my brother, Louis Nappen, who is here today. Say, Lou, how you doing, man? Louis Nappen 01:38 Howdy, Ev. Evan Nappen 01:39 All right. I’m just getting a “howdy”? Come on. Give me something more than a howdy. Aren’t you happy to be on Gun Lawyer and talking about this great case? Louis Nappen 01:50 It’s an interesting case. It’s quite amazing what New Jersey does and how this decision came down. It was a long hard fight, and we’re going higher because it’s a mixed bag of amazing things that only in New Jersey could these. Evan Nappen 02:08 Yes, it definitely qualifies as the “only in New Jersey” line. Now, this case went at a number of issues. But essentially, what were the facts, if you will, of MU. Just briefly. The name of the case by the way, tell us about the name of the case. We’re calling it MU. Louis Nappen 02:34 Page – 2 – of 11 Okay, yeah, we went over this once before, and this is a follow up to that. This particular program is the name of the cases “In the matter of the Appeal of the Denial of MU’s application for a Handgun Purchase Permit and in the matter of the Revocation of MU’s Firearm Purchaser Identification Card and Compelling the Sale of His Firearms”. Evan Nappen 02:58 Now you know why we just call it MU. Yeah, because that’s ridiculous. But not just because of how it expanded. It’s right on the full escalation of an attack on our client’s rights by the State. Okay, take and stop the permits, and to take the guns and to forfeit the guns, and to just absolutely disenfranchise our client of his Second Amendment rights and his ability to have firearms. Louis Nappen 03:35 I’ll give you the history briefly. Evan Nappen 03:37 Yeah. What was the basis that the State had? Go ahead. Louis Nappen 03:39 Okay. It starts off. First off, this is a gentleman who already had a Firearm Purchaser Identification Card that was granted, and he already owned firearms. So, he applied for a Permits to Purchase Handguns or additional handguns. And at that hearing, so he. Well, I’m sorry, he was denied by his local police chief on that application a couple of years later. Evan Nappen 04:07 And this is after he owned guns and had his permit. Well, did anything new happen in between? Louis Nappen 04:14 Nothing, nothing. Evan Nappen 04:16 Nothing new? Louis Nappen 04:17 No. Evan Nappen 04:17 So, he had been granted his permits, and there was nothing new that happened. Yet he gets denied trying to get some more purchase permits? Louis Nappen 04:26 Correct, and he appealed that denial. This is up in Bergen County, New Jersey. So, the moment he appeals the denial of the application, the State then moves, the Bergen County Prosecutor’s Office, which is very typical of them and what they do for the last 5-10 years at least, is to not only open up any expungement that he might have, to see what might be in his past, and a Motion to Revoke his Page – 3 – of 11 Firearms Purchaser ID Card, which he possessed already and a Motion to Compel the Sale of Firearms that he already possessed as well. So that’s how much they go back, if you try to appeal your denial of additional firearm permits. Evan Nappen 05:27 This was in Bergen County, and the judge in that county, who’s the judge? Louis Nappen 05:32 That was Judge (Christopher R.) Kazlau, and we have a number of appeals of his cases. This is typical happening in that. I mean, it has happened, typically in terms of it’s happened, certainly, to several individuals that I know of. We even have pending where they motion to take firearms at permit appeal hearings, purchase permit appeal hearings, not at forfeiture motions. This is not a forfeiture hearing. Th

Mar 26, 202332 min

Episode 125-The Latest Anti-gun Puppet Show

Episode 125-The Latest Anti-gun Puppet Show Also Available OnPodcast TranscriptGun Lawyer Episode 125 SUMMARY KEYWORDS firearm, gun, executive order, dealers, guns, gun rights, universal background check, new jersey, law, anti, plan, universal background checks, registration, background checks, called, act, abuse, legislation, litigation, lawyer SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer, our show. We’re proud of our sponsor. Our sponsor is the Association of New Jersey Rifle & Pistol Clubs, which is the state NRA affiliate for New Jersey. The folks on the frontlines here in battleground New Jersey with a full-time paid lobbyist and at the forefront of all the litigation. You need to be a member of ANJRPC.org. Today, I want to talk about the latest anti-gun puppet show. That’s right. This puppet show stars, his fraudulency, the senile sock puppet, who is known as the current occupier of the White House, also known as our national embarrassment, or just plain old Brandon. Now, what the senile sock puppet has done, of course, he has done through his puppet masters, who are Bloomberg and Giffords and the entire anti-gun Kabal whose routines and patter he obeys diligently. What he has done is put out an Executive Order, a new Executive Order. Evan Nappen 01:45 Now an Executive Order is done by the President. It’s done when you can’t get legislation through, because your agenda is so disfavored by our Republic, and he can’t get it through legislatively. So, you attempt to do it by executive fiat. And that’s exactly what Biden’s done and unabashedly. He admits that this is exactly what he’s doing. I want to read to you what he’s done and explain the significance of the Executive Order and what’s really behind it and to understand it is important because it actually is very revealing of the big picture, if you know what to look for, that the haters of you and me, haters of gun owners, the hate group known as the anti-gun crowd that hate us, hate our rights and just want to destroy anything related to firearms and disarm us and leave us vulnerable. This is their agenda. We’ve seen it. In order to get that agenda in place, they have their sock puppet there doing their bidding. And what was announced, really spells it out. Evan Nappen 03:13 Let’s take a look at this. First of all, the occupier is crowing about the “Bipartisan Safer Communities Act”. You may recall that was the anti-gun law passed by Democrats with some traitorous Republicans joining into the so-called Bipartisan Safer Communities Act, which does nothing for safety of communities at all. It’s just another step of anti-gun tactics, you know, the salami tactic, piece by piece, and we can’t give them an inch. Yet here we see Republicans falling for it, some of them, and this Page – 2 – of 8 passing and now we’re going to reap effect of the Bipartisan Communities Act. Biden is going to take advantage of that right now. Evan Nappen 04:19 So, as it says right in the news release from the White House. “When celebrating the Act’s passage,” now think about this. He’s celebrating the Act’s passage. What does that tell you about the Act right away if this guy is celebrating its passage? He is again calling on Congress to act. Why? Because it’s never enough. There’s no compromise here. It’s just take, take, take. That’s all they do. They don’t give anything. They just take rights, take rights, take rights. And of course, he’s calling to take more rights. Even though the bipartisan community safety’s law has passed So what? Take, take, take. So, what’s he calling for now? Well, he’s calling for a ban on assault weapons and high-capacity magazines. You know, assault weapons, which are really modern sporting arms, modern sporting rifles, high-capacity magazines that we know are just standard capacity magazines, requiring background checks for all gun sales, often called UBC, Universal Background Checks. We’re going to talk more about that in a moment. Requiring safe storage of firearms. We’re going to talk about that, too. Closing the dating violence restraining order loophole and repealing gun manufacturer immunity from liability. Evan Nappen 05:53 That’s right. These are all the agenda items that he wants Congress to act and to do this, but he can’t get that through, because they’re all outrageous and destructive of the Second Amendment. So, what he’s done is as much as he can do, by way of Executive Order. This is not voted on by Congress. Not voted on by the folks we elected to represent us. Not approved as law. No, it’s done by just a president who wants to push his failed agenda that he can’t get through Congress. And this is what he’s doing now. Eva

Mar 19, 202332 min

Episode 124-how to poop with a gun

Episode 124-how to poop with a gun Also Available OnPodcast TranscriptGun Lawyer Episode 124 SUMMARY KEYWORDS gun, permit, firearm, exemptions, new jersey, case, defendant, carry, state, gun rights, technique, holstered, court, restrictions, carry permit, lawyer, litigation, judge, law, reeves SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:15 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. We are proud to be sponsored by the Association of New Jersey Rifle & Pistol Clubs. That’s the NRA state affiliate in New Jersey. Every one of my listeners should be a member of their state association. Go to anjrpc.org to find out more. I have been thinking about a number of cases that I’ve had and issues that have come up, and now I’m seeing more of this. It has to do with, in a way, so many New Jerseyans finally having the right to carry, but not being completely familiar with the tips and tricks and protocols of things that are involved in carry, that aren’t often covered or addressed. Evan Nappen 01:20 I want to deal with one of the key issues when it comes to carrying your gun, and that is how do you poop with your gun? This is important. Because if you’re out carrying your gun, and you gotta go, how do you handle that situation while you are carrying your gun? You might say, well, why is this important at all? Is this just being silly? Absolutely not. Because what happens is individuals, I’ve had many of these cases through the years, accidentally leave their gun in the bathroom. If you leave your gun on the back of the toilet or you leave your gun on the toilet paper dispenser and you forget it, guess what, you’re now in a world of well, poop. Evan Nappen 02:14 And the reason is because the gun ends up being gone from your possession. If you’re fortunate, you can retrieve it. But normally what happens there is it ends up with the police, if an honest person finds it first. And that’s now going to create a problem for you maintaining your license, you might be charged with criminal charges about being reckless, etc. And if somebody who’s unauthorized gets a hold of it and causes a problem, then you can see that it’s going to go bad for you. This is definitely a situation where you have to be extra cautious if you’re carrying your gun, and you have to go to the bathroom. Evan Nappen 03:09 So, I want to review with you some important techniques and tips about what to do and not do when you’re going to do your business. Number one, and I would emphasize this, the number one thing is keeping your firearm holstered. By keeping it holstered, you are going to have less likelihood of an accidental discharge of dropping your gun, of exposing it, etc. So, keeping it holstered is the general number one rule. Plus, if it’s holstered, you’re less likely to forget it and that immediately maintains an Page – 2 – of 8 advantage by keeping it in the holster. Now I would also suggest that you never put your gun outside of your holster on top of the toilet tank or take it out and put it on the coat hanging ring. Anything like this, in which you may forget it, miss it, and end up leaving your gun. Evan Nappen 04:42 What do we do, what can we do to help ensure this and do this in a safe way? Well, if you leave your gun in the holster and pull down your pants, well, now that gun is close to the ground, and in theory, could be seen by someone in another stall at an angle. It has been known to have folks grab under the stall and grab somebody’s gun and take off. You can imagine if you’re in that rather vulnerable position, sitting on the toilet, and somebody grabs your gun in the other stall and takes off, you’re going to have a hard time getting your pants up and getting out of that stall and catching that person who just snatched your gun out of the holster. So, we don’t want to unholster it, but you have that potential. You want to be careful of the exposure of the firearm on the floor while you’re in a public bathroom. Evan Nappen 05:50 One of the techniques you can do there is you can try to get a corner stall, and a corner stall will help at least block one side of vulnerability. If that’s the side, by the way, where your gun is, it’s even better. But that’s one way to limit the exposure. The other tactic or technique is if you’re in any of these facilities these days that have a family restroom. Normally the family restroom has a diaper changing table and as tempted as you might be to put your gun on the diaper table, don’t do that. Again, you may forget it, and now it’s unholstered again. But the advantage of the family restroom is you can lock that room, and it’s only you in the room. Now, your vulnerability to theft of the firearm is limited, and you can maintain your privacy. So that’s something to look to do if you’re carrying. Eva

Mar 12, 202334 min

Episode 123-How to Lose your Gun Rights

Episode 123-How to Lose your Gun Rights Also Available OnPodcast TranscriptGun Lawyer Episode 123 SUMMARY KEYWORDS firearm, gun rights, person, new jersey, gun, fight, rights, expungement, state, prohibited, association, assault weapons, felony, disabilities, deny, domestic violence, lawyer, joni mitchell, discover, guns SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I have some interesting things for you, a couple news bits here. Before I get to them, I want to thank our sponsor, the Association of New Jersey Rifle & Pistol Clubs, the number one defender of gun rights in New Jersey, and the official NRA affiliate. They are the folks with their feet on the ground in Trenton with full-time paid lobbyists, and they are litigating these major cases that are going to have direct impact, already have, on our gun rights. Evan Nappen 00:55 So, I was looking at this, and I saw this headline, but actually, it’s even funnier. When you read deeper as to what it is, you know, Biden, just recently gave an address to the House Democratic Caucus in Baltimore, Maryland. And it seems that he was snubbed by more than a dozen Democrat lawmakers. Instead of hearing the President give a speech, they decided to go to a Joni Mitchell concert instead. Now I say that’s a wise choice actually for them. They were joined by a number of Republicans including the Speaker of the House and Susan Collins of Maine, etc. So, all these legislators decided they’re not going to listen to his fraudulency, the senile sock puppet, and see what he has to say. No, instead, they said, Joni Mitchell is the place to be. But what I really love, and this is a part they don’t emphasize here, is what President Brandon said at his speech to the Caucus. Do you know what he said there? Guess what, folks? Guess what his whole theme, his whole push at this hearing was? Well, it’s to ban assault firearms, of course. Of course. Biden said he’s going to ban assault weapons and high-capacity magazines come hell or high water. That’s what he’s going to do. And guess what? Nobody wants to hear it. Not even the Democrats want to hear it. Nobody wants to hear him. They’d rather go to a Joni Mitchell concert, and I don’t blame them because I’d rather do that too. He’s just bloviating continuously over this garbage called assault firearms. The assault weapons which are made up because they’re just an-anti gun ploy. We don’t even use the term assault weapons if anything. All these guns are our modern sporting rifles. That’s what they are. Modern sporting rifles. Evan Nappen 03:31 Because true assault weapons, Sturmgewehrs, as the Germans of the Third Reich created and called them, were fully automatic and semi-automatic. They were select fire. None of the firearms that Biden is talking about banning are select fire. No, in fact, they’re just semi-autos, in which this idea when it was put out from the beginning by Josh Sugarman in the book, his manifesto, Assault Weapons and Accessories (in America) (1988). He even said the general public will be fooled by this. We can trick Page – 2 – of 8 them. He admitted it. Because they won’t know the difference between fully automatic and semi-automatic, and he was right. The media and the politicians go along, and Biden is still harping on this same old saw, but luckily even less people are listening to him. Evan Nappen 04:30 Now another thing here that is important for every gun owner to know is that Discover card, the credit card, Discover is now the first credit card to have gun store tracking. That’s right. They will track your gun purchases when you use Discover Card. In an article by Larry Keane of National Shooting Sports Foundation (NSSF), which is also a gun rights group and important group. They focus on manufacturing and dealers and such. Very important to our rights. In his article from February 23, 2023, it says that “Discover Financial Services announced it will begin using the new controversial codes in April. Reuters reported that Discover will become the first credit card company to use the specific code for purchases at a firearm retailer.” https://www.nssf.org/articles/discover-becomes-first-gun-store-tracking-credit-card/ So beware. If you have a Discover Card, I would get rid of it. They’re obviously part of the anti-gun, and they, of course, are putting it out like it’s to track illegal sales. Yeah, right. Like that has anything to do with credit card purchases. It’s just nonsense. I would highly recommend not using your Discover Card in any way, particularly regarding firearms. And for that matter, you should think about just getting rid of it. Because as these companies go woke, which is really what this is, and they just go extreme left in their propaganda and trying to impose gun control schemes on u

Mar 5, 202337 min

Episode 122-Think Twice Before Being a Plaintiff for the Brady Center

Episode 122-Think Twice Before Being a Plaintiff for the Brady Center Also Available OnPodcast TranscriptGun Lawyer Episode 122 SUMMARY KEYWORDS law, new jersey, carry, gun, brady, permit, carry permit, exemptions, gun laws, gun rights, issued, statutes, fight, state, judge, gun owners, lawyer, hollow, case, folks SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. So, I want to make it clear that I would advise that you never become a plaintiff for the Brady Center to Prevent Gun Violence because of a recent case here, relatively speaking, that I thought was pretty interesting. It really shows just what can happen. This was out of The Colorado Sun newspaper, and it’s an article by Jesse Paul. And what it says is “Colorado law makes it very difficult and financially perilous to sue the gun industry. (That’s likely to change.)” And you better believe that it does. This is a lesson learned that unless you just want to be a pawn of gun control and don’t care about your own finances, I don’t think it’s such a hot idea. Listen to this. In this article, it says, “Sandy and Lonnie Phillips wanted to hold the gun companies that sold ammunition, tear gas, and armor to their 24-year-old daughter’s murderer accountable.” Instead, they’ve ended up having to file for bankruptcy. Now, you know, I can feel for anybody who has lost their child. It’s terrible. Honestly, I feel horrible for these people. But to attempt to blame the inanimate objects and the people that produce these because they’re being by a very small, miniscule number of folks get used criminally, and then try to hold the company responsible. It just is nothing less than an anti-gun ploy to sue the gun makers, manufacturers, and sellers out of business by abusing the tort system. Evan Nappen 02:30 So, in response to this tactic that the antis were using, and still are attempting to use, of trying to sue our Second Amendment out of existence, Colorado passed a law that said you cannot bring essentially lawsuits of this nature against manufacturers, dealers, etc. Yet, despite this law, the Phillipses still attempted to sue under some very weak theory that obviously failed to still the Brady Center have their publicity stunt out of it, obviously, and to file the litigation, etc. They spent, as they say here, they lost three years of our life, fighting this, and it says they were like being revictimized, and I can see that. And what happened was the law in Colorado has a provision that says if you bring such an action, and then you lose, it gets dismissed, you are responsible to pay the attorneys’ fees and costs. And guess what? They ended up losing, and they had to pay $200,000 in attorneys’ fees and costs for bringing this action. That was an utter failure, and they should have known that it would be a failure. Evan Nappen 04:22 And what’s interesting here, if you dig into this article, because they don’t want to make a big deal, you see, about just how bad the Brady Center acted in this regard. But if you dig down, you’ll find where it actually says, deep in it, that the Phillipses 2014 lawsuit, this is quoting direct from the article, was Page – 2 – of 8 brought in conjunction with and at the urging of the Brady Center to Prevent Gun Violence. . .” And it said the couple were pushing here to require businesses to take steps to prevent their products from being purchased by people who would use them in mass shootings. Oh, there you go. Yeah, how are they even going to do this. But anyway, that was their, supposedly, their laudable goal. Their optimistic, idealistic, pie in the sky, idea, and they’ll do it thru the tort system. So, they got sold this bill of goods. In the article, the Philipses say they trusted the Brady Center to have their back in the lawsuit, but they weren’t fully made aware of the financial consequences they faced before ultimately being forced to shoulder the defendants’ legal costs themselves. Evan Nappen 05:50 You see Brady didn’t join in the lawsuit with them as a plaintiff. It was just these two. They were the only plaintiffs. And what’s really amazing is the article goes on, it says here that the judge overseeing the case apparently expected Brady to help the Philipses as well. It says, this is quoting from the judge, “It may be presumed that whatever hardship is imposed on the individual plaintiffs by these awards against them may be ameliorated by the sponsors of this action in their name. (Judge Richard P. Matsch wrote in a motion.)” Well, guess what? No such luck. Sorry, Judge. Brady ain’t paying for it. The folks who lost their daughter, who were convinced to bring this and who, as they say, weren’t advised as to the risks that were involved, they get to pay. They get to declare bankruptcy because they coul

Feb 26, 202337 min

Episode 121-Ammo Registration is Here!

Episode 121- Ammo Registration is Here! Also Available OnPodcast TranscriptGun Lawyer Episode 121 SUMMARY KEYWORDS insurance, new jersey, ammunition, handgun ammunition, law, gun, mandates, state, purchase, handgun, ccw, required, gun laws, permit, carry permit, disclose, firearm, carry, lawyer, gun violence SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:22 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. Well guess what? Ammunition registration has come to New Jersey. That’s right, the law was passed a number of months ago, but now it is up and running. So, when you go to buy handgun ammunition in New Jersey, you’re going to be charged a transaction fee for one box of 20 twos of $1.50, and you’re going to get databased with your purchase and your personal information. Let me tell you about exactly how this works. By the way, the sponsor of our show is the Association of New Jersey Rifle & Pistol Clubs, anjrpc.org. They are the foremost defender of gun rights in New Jersey, and they are the NRA state affiliate. They are working full-time trying to protect our rights and fight in the toughest anti-gun jurisdiction there is and that is New Jersey. Evan Nappen 01:41 Now with this new law, when you go to the dealer you buy, like I said, even one box of .22s, the dealer is required to enter you into an electronic ammunition purchase database. Now this law itself can be found in the Criminal Code in New Jersey under NJS 2C:58-3.3a. This is specifically subsection a. What it mandates is the electronic reporting and record of transaction for sale, transfer, assignment, or disposition of handgun ammunition. This is the law. The State Police were required under this law to develop a program for retail dealers of handgun ammunition. So, that means they got to be a licensed retail dealer in New Jersey, because that’s what a retail dealer means under the law, to electronically report a record of any transaction involving sale, transfer, assignment, or disposition of handgun ammunition and the information related to that transaction. Now the law specifically says that the information shall include the date of the transaction, the name of the manufacturer, the caliber or gauge, gauge, that’s interesting, gauge, what handgun firing shotgun shells and I mean gauge not 410. That’s not a gauge. I missed the last 20-gauge, 12 gauge or 10 gauge handgun that was for sale. But anyway, it asks to record the gauge, or caliber and the quantity of ammunition sold or transferred. It needs to have the name, address, and date of birth of the purchaser; the identification used to establish the identity (of the purchaser) and any other information the superintendent may require. Evan Nappen 03:53 So, what did the New Jersey State Police actually do with regard to this? Well, they created this electronic database that’s connected to the New Jersey NIC system. When a dealer is going to make the sale, they go on the web interface, and they click on. The first thing it asks is to put in your name and it does have a date of birth. Then it asks for the SBI number. Now where’s the SBI number? Well, Page – 2 – of 8 that’s on your Firearms ID Card. I guess you better have a Firearms ID Card or you’re not going to know your SBI number. If you have some an old Firearms ID Card, they didn’t even put SBI numbers on the old ones. Later, they finally started using them. Then it needs your residential address information, which is your street address and city and state and zip code. So, you’re going to plug all that in and that gets you registered in the database. Evan Nappen 05:00 Then the ammunition information is as follows. The name of the manufacturer has to be entered by the dealer. Then it says ammunition type. Now this is interesting because, of course, it’s handgun (ammunition), but there’s a pulldown menu. Since only handgun ammunition is required to be registered, why do they have type for registration? Think about that. In other words, you know that their intention is to make all ammunition registered at one point. But for now, it’s handgun. Then it has the caliber, and it asks the quantity. The quantity has to be the number of rounds, folks. So, it’s not one box. It’s 50 rounds or 100 rounds. Then it also asks something that’s very interesting, because it’s not in the law that this needed to be asked. But they ask whether it’s hollow nose ammunition or not. They are distinguishing whether individuals have purchased hollow nose ammo or not. Now why they asked for that? I don’t know. It’s not required under the statute. Hollow nose ammunition can lawfully be purchased from the dealer and can be brought to the range or brought to your home. You’re allowed to possess it there. So, why are they distinguishing whether it’s hollow nose or not? I don’t know. But all that’s being

Feb 19, 202335 min

Episode 120-How’s The War Going?

Episode 120- How’s The War Going? Also Available OnPodcast TranscriptGun Lawyer Episode 120 SUMMARY KEYWORDS firearm, law, gun, gun rights, permit, carry, rights, issued, fighting, marijuana, restrictions, war, gun laws, judges, court, anti, lawyer, battle, case, gun owners SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:22 I’m Evan Nappen, and welcome to Gun Lawyer. I’ve been thinking about current events and guns, and I kind of realized that there is a really good analogy. There’s really a war on us. A war on gun owners. A war on our rights. A war on guns. And this war is fascinating to see because I have news for you, we are actually winning the war. The war isn’t won yet, that’s for sure. But we are winning battle after battle. And it is really a fascinating time to be alive when talking about and thinking about gun rights. Because if you think about the struggle that we’ve had as gun owners through the years, and I’ve been practicing gun law for over 35 years. When I started, we didn’t have any kind of Second Amendment case law that we could use. We were always the most unbelievable of underdogs. Granted, a war was going on there, but it didn’t have the same intensity. Because as we fought hard for our rights, the antis ended up getting major billionaires supporting their causes and setting up all kinds of well-funded, left-wing, anti-gun groups and pursuing strategies and getting basically the Democrats for the most part to make this issue a part of their platform and selling them on pushing gun laws and the seizing of our gun rights. The destruction of us and our gun rights is good politics for them. Evan Nappen 02:38 So, we’ve been fighting this battle, and it really is a war as a multitude of battles on a multitude of fronts. I realize what my position is here, and yes, I’m fighting these gun laws. I’m on the front lines, many times, fighting the gun laws and defending law-abiding citizens from being turned into criminals. It’s similar and is important, just like our sponsor, the Association of New Jersey Rifle & Pistol Clubs has been there defending gun owners in New Jersey for years and years. You need to join the Association. You need to protect yourself and be part of the movement and be part of these forces that are fighting on your side. But I realized that through this battle, and as we’re making this progress, it’s actually through the war of multiple, multiple battles, that what I primarily try to do is make sure that as we fight and win these battles, that you, the listener, do not become a casualty in the war. Evan Nappen 03:55 We’re going to win this war. We’re winning it battle by battle now. We’re going to win it. But in the process of fighting to win, I want to see as few of you become a casualty of the war on our Second Amendment rights. So, what Gun Lawyer is really about is helping you not become a casualty in the war on our rights, and in fact, be able to protect yourself and survive this. So that when we have our ultimate victory, you are there to celebrate it and exercise your rights like never before, and therefore Page – 2 – of 8 have them preserved for future generations. That’s really what wars do, isn’t it? Especially when you win them. You’re preserving that way of life, that culture, that freedom, and those liberties for yourself and future generations. It’s really what we’re in. Evan Nappen 04:58 So, if you look at the state of the war is now on our rights, you see that we had a tremendous victory with the Bruen decision. Actually, a trifecta of victories from Heller to McDonald, and to Bruen. Creating what has become our defense system, our Iron Dome, if you will, against our enemies. In response to our Iron Dome being created of the Second Amendment and Constitutional rights, our enemies have decided to launch mega amounts of missiles at us. Just launch rocket after rocket after rocket. Because after Bruen, particularly, we’ve seen an enormous increase in anti-gun laws being passed. Yet, just like a great Patriot missile system, we keep knocking out their missiles and their rockets. They fire at us, and we blow them away. We are blowing them away in such greater volume than we ever had, and that is something that makes me cheer. Because as I sit back, I see gun laws falling, case law, courts deciding our way. As we’re fighting, gaining ground, more ground, just like in a war, it is incredibly encouraging. In a very weird way, but true. These are glorious times. They’re glorious times because we’re fighting battle after battle that is so worth it. Evan Nappen 07:03 And what’s really funny is if you think about the anti-gun strategy, they’re fools. They really are fools. Because of their multiple launches of law after law that they’re passing, like petulant children, like

Feb 12, 202334 min

Episode 119-Jersey Carry Killer Update

Episode 119- Jersey Carry Update Also Available OnPodcast TranscriptGun Lawyer Episode 119 SUMMARY KEYWORDS firearm, sbr, gun, prohibited, brace, places, pistol, litigation, state, blocked, new jersey, law, short barrel rifle, carry, court, protect, possess, preliminary injunction, lawyer, atf SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. Well, these sure are exciting times that we’re living in. As I’m sure you’ve been following, we’ve had tremendous successes in the litigations that have been ongoing against Murphy’s onslaught against our Second Amendment rights in New Jersey. The Governor is spearheading the anti-civil rights bills that are focused on destroying Constitutional rights, particularly the Second Amendment. Just recently I am happy to say that his Industry-Killer Bill, which was designed to allow abuse through the civil system by way of the Attorney General being able to sue gun companies all over America and anyone associated with firearm manufacturing, etc, and go at them under this guise of consumer safety, etc. This whole gambit has been granted a preliminary injunction against that law taking place. That’s one of their main missions there. To become a national destroyer of firearm rights for the country not just for New Jerseyans, and to eliminate the right for all Americans throughout the country. It has now been the recipient of a preliminary injunction, and congratulations are due to those folks in gaining that preliminary injunction. Evan Nappen 02:08 At the same time, the New Jersey Carry Killer bill, which was and still is a bill designed to limit and destroy our ability to no longer be victims, but instead to become defenders against violent criminals. Of course, as soon as the Court in the Bruen decision came out with their ruling and the great Justice Thomas’ opinion, empowering and putting teeth into the Second Amendment and our ability to carry a firearm outside the home, the most effective means of self-defense, and be able to defend ourselves, New Jersey jumped jammed through the legislature a bill to try to limit, in every way possible, the carrying of a firearm in New Jersey. Because now that permits had to be issued, they wanted to make the permits themselves a nullity, and what they did was pass this what we call “Carry Killer” law. Evan Nappen 03:29 The Carrier Killer law was immediately challenged. As soon as it became effective, there was litigation brought, essentially two major lawsuits. One by what we call the Coalition. Four pro-gun groups together bringing an action that was somewhat limited, but very effective. It focused on the “sensitive places” restrictions. The State Association, the Association of New Jersey Rifle & Pistol Clubs, is a proud sponsor of Gun Lawyer. They brought a more comprehensive litigation, but it was heard after the Coalition litigation had been granted the TRO. The Association litigation got consolidated into the same action in court as the Coalition’s litigation and that actually worked out tremendously. Remember these Page – 2 – of 7 groups are not in competition with one another and here, it actually worked beautifully. Because the first action, which was somewhat more limited than the Association’s action, got an injunction and that got the camel’s nose in the tent, so to speak. Then the Association’s litigation more comprehensive, additional injunctive relief by way of a Temporary Restraining Order was expanded. Evan Nappen 05:10 So, now I want to review with you, the listener, because I know you want to know where you can and cannot carry under the new litigation that was put forward by the Association of New Jersey Rifle & Pistol Clubs. We have the following places where there were carry restrictions, but those restrictions have now been blocked by the court as to being unconstitutional. These places specifically include, very important, the vehicle prohibition. The “Carry Killer”, anti-civil rights bill by Murphy had a provision that said when you get in a vehicle, your gun had to be unloaded and locked in a box. We call that provision, the “Car Jacker Protection” law, because that’s what it did. It protected criminals and carjackers and those bent on violently attacking you in your car. It protected them while forcing you to be a victim and to be disarmed. That has been enjoined and restricted, blocked by the court. So, it is not in effect, and you can carry with a Carry Permit a loaded handgun in your vehicle. Evan Nappen 06:44 There is a private property restriction in which it mandated that the property owners had to affirmatively state, affirmatively state, that you could carry your gun on private property where you were otherwise, the default setting, if you will, the default setting was that you could not carry and that has been blocked by

Feb 5, 202331 min

Episode 118-Biden’s 40 Million SBR’s… Brace Yourself

Episode 118-Biden’s 40 Million SBR’s… Brace Yourself Also Available OnPodcast TranscriptGun Lawyer Episode 118 SUMMARY KEYWORDS brace, firearm, short barrel rifle, pistol, sbr, new jersey, gun, biden, atrocity, new jerseyans, called, gun laws, law, sutherland, national firearms act, abiding citizen, nfa, lawyer, pistol grip, government SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, you may have heard that our President has pushed another bit of his urgent, vital, gun control efforts to help destroy the Second Amendment, which is his agenda, of course. Part of that has been to abuse through agency regulation in any way that he can. Not just go after dealers, which you’ve heard me talk about, and we’ve had that fight on a couple of dealers already where we’ve luckily won. But now one of his latest moves is to reclassify what are called “pistol braces” as making firearms into SBRs, which are Short Barrel Rifles. Now the pistol brace has been around almost 10 years now. What it does is it attaches to a handgun, so it gives greater stability and allows for greater accuracy when shooting your handgun. It is used extensively by wounded and injured veterans and those that have injuries or handicaps with shooting, and it would allow for their ability to shoot much better and more accurately as an aid in bracing the firearm. They became very popular because with a brace, even though there was debate as to whether you can or cannot shoulder a brace until eventually it was determined you can shoulder the brace. What would occur is your firing of a pistol with a brace became more accurate. The bottom line, all a brace does is make your shooting more accurate. Evan Nappen 02:14 So, it is fair to say that Biden has engaged in a war on accuracy. When you shoot a firearm, they want you to be all over the place. They don’t want accuracy. They want you to hit targets you didn’t intend. They want bullets to fly wild. They obviously do not want you to be accurate because all a pistol brace does is improve accuracy. What Biden has done, through his administration, has determined that the brace turns a firearm into an SBR. An SBR is a short barrel rifle. Now short barrel rifles and short barrel shotguns have been prohibited under the National Firearms Act since the 1930s. They’re in the same category as possession of a machine gun. Now the whole absurdity of the 1934 National Firearms Act is a whole other debate we could have, and the National Firearms Act is itself an affront to the Second Amendment. The politics that created the ban of the ’30s were a combination of what was a naive understanding of the progun folks at the time. And of course, a major dose of Hollywood. It was the media even then, who were the few that misused firearms. These things were turned into Warner Brothers movies. Everyone knew that if you ban machine guns, you would end gang violence and that only criminals use these things. All of that’s, of course, nonsense and false, but the same politics of that period of the 30s. Page – 2 – of 7 Evan Nappen 04:09 They say that the idea of an SBR or short barrel rifle really shouldn’t even have been something that was ever banned. The reality of it is we need to repeal the entire NFA because there’s just no reality to it. You start distinguishing between fully automatic and semi-automatic, and it really just gets downright silly. Bullets are coming out of that gun, and it’s the person not the firearm. If your barrel is short but you have a stock so now it’s a little more accurate with the stock than if you didn’t have a stock on a shorter barrel, who cares? There’s been various workarounds that of course show the absurdity to it all with sawed off shotguns. Because we ban sawed off shotguns, but we can have a shockwave. So, try to distinguish any kind of material issue between a sawed off shotgun and a shockwave, there’s nothing. Sawed off shotguns shouldn’t be prohibited either but why not? We have 14 inch barrel shockwaves, and it’s not a problem. It comes down to people, not guns. Evan Nappen 05:14 This is something that we’re going to get to a little later in the show. Its focus on material objects has always been a folly. But the problem with the folly is that there can be serious penalties at play if you are caught in their game of musical chairs, and you end up being a victim of gun laws. I don’t want to see any of you become a victim of gun laws. So, for example, someone has sent a letter to me and it’s on this very topic. From Salvador, regarding pistol braces. Evan, now to BATF has determined that any pistol with a pistol brace be classified as an SBR. How does this affect New Jersey residents that have purchased NJ legal “other” firearms? Evan Nappen 05:55 Well, this is a

Jan 29, 202331 min

Episode 117 Size Matters… and Other Lies Cops Tell

Episode 117- Size Matters… and Other Lies Cops Tell Also Available OnPodcast TranscriptGun Lawyer Episode 117 SUMMARY KEYWORDS exemptions, law, charged, insurance, new jersey, gun, carry, judges, lawyer, association, gun rights, gun owners, handguns, anti, lie, court, home, police, state, carry permit SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 I’m Evan Nappen, and welcome to Gun Lawyer. I got some updates, and some interesting things are rolling. I’m sure we’re going to have some more excitement. As I’m sure many of you know, there was a Temporary Restraining Order issued, as we’ve discussed by Judge Bumb, who we are calling Saint Bumb for issuing the restraining order against a number of the sensitive places that create this gutting of our carry license. It was about maybe five I think were part of that first lawsuit, and then the vehicle transportation as well, like we discussed. But there’s the second lawsuit and that’s the Association’s lawsuit. You know, the Association of New Jersey Rifle & Pistol Clubs who is a sponsor of this show. And that is a more comprehensive litigation that covers much more than the Coalition’s and the Coalition’s as successful and so far, excellent. As I said before, these organizations are not in competition with one another. They’re all fighting for our gun rights and have taken two different approaches. Evan Nappen 01:37 Approaches that dovetail nicely, frankly, because ironically, it appears and interestingly, it appears that the double teaming is heading to be what looks like a great success. I don’t want to count our chickens before they hatch, but it really is. I’m very cautiously optimistic. Association’s comprehensive lawsuit goes at more of the sensitive places and goes at other challenges in this atrocious anti-civil rights law by Murphy. Other very bad provisions are in there throughout the law, not just the sensitive places. So, it’s really poised to do a major, a major slice and dice of that law. The two punches, the double punch from both organizations, the jab and the uppercut, the successful boom and an uppercut, boom. It really looks like it’s going to do tremendous damage to the law, and just knock it out. And that’s what all of us want to see. So, it’s very exciting, and Thursday, are the arguments on the TRO from the Association’s litigation. We should see some excellent things there. I wanted to mention that because when you’re listening to the show, you can look forward to catching that event. Then the next show, we’ll be discussing if there was an outcome by then. If Judge Bumb has made a determination and what that determination will be. Evan Nappen 03:35 Additionally, we’ve been experiencing some anti-gun activities from the Fed side and that includes Biden’s pistol brace ban. I want to talk to you later in the show about what you need to know about the Biden pistol brace ban and their criminalization of oh, about 40 million or so gun owners in the United Page – 2 – of 8 States. That impact is particularly important if you’re in New Jersey because of the conflict that it puts you in, and there’s steps that you need to know to take. Let me tell you, though, one of the things that really occurred to me this week, even though all this interesting news, shall we say is happening with various attacks on our rights and freedoms. But remember, the current laws that are in the books are also enforced, and these laws that get enforced are often enforced above and beyond any measure of sanity, any measure of understanding. I get calls from folks every day that are facing charges. But this one story that I’m going to tell you now that individual that contacted me, just made me say, I have to talk about this on the show, because every once in a while, there’s something that’s so ridiculous that it’s beyond the normal, ridiculous. When it’s beyond the normal, ridiculous, I just know that my listeners have got to hear about it. Because it just hits you like what? You got to be kidding me, and it is the best. Evan Nappen 05:33 One of the things that I always find entertaining is the lies the police tell. I mean, some of them are just the biggest whoppers and they’re just hilarity. Now, I know they don’t mean to be hilarious, and I know it can have serious consequences, these lies. But, you know, some of them are just where do they even come up with it. I don’t even know. I mean, some are just outstanding. So, a new police lie came to my attention that I’d never heard before that goes in the record books. It involves a fellow who ended up getting charged with possession of hollow nose ammunition in New Jersey. Now the thing is, New Jersey, as you probably know, prohibits hollow point or hollow nose ammunition except within narrow exempti

Jan 22, 202334 min

Episode 116- NJ Where Can I Carry, Where Not?

Episode 116-NJ Where Can I Carry, Where Not? Also Available OnPodcast TranscriptGun Lawyer Episode 116 SUMMARY KEYWORDS places, firearm, gun, new jersey, prohibited, law, carry, facility, sensitive, gun rights, permit, premises, casino, conduct, fight, lawyer, state, gun laws, anti, litigation SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:21 I’m Evan Nappen, and welcome to Gun Lawyer. Well, we’ve had a lot of excitement. We’ve had our court cases, rolling like tanks, into the federal court. I’m happy to say that at the last word here, we have gotten a Temporary Restraining Order. It is extremely exciting to see the Second Amendment come alive and the Bruen decision have its effect. The court actually granted restraints, right out of the box, on certain restrictions that are in the atrocious new Carry Killer, anti-civil rights law signed by Murphy. Because of how complex it is and how crazy these times are, I’ve been getting a lot of questions. Evan, where can I carry? What are the restrictions? What is the story? What did the lawsuit disable at the moment and put injunctions on so that what’s legal, what isn’t legal. That’s what I’m dedicating this show to. Evan Nappen 01:39 I want to thank our sponsor, the Association of New Jersey Rifle & Pistol Clubs (ANJRPC), anjrpc.org. They are the premier gun rights group in New Jersey. They have litigation that is currently in federal court as well. They just won a victory by having their case consolidated with the other gun rights group case, in front of Judge (Renee Marie) Bumb (United States District Judge). Judge Bumb is a fantastic judge who really gets it, who really understands the Second Amendment, and who everyone is impressed with. Everyone in the pro-gun community, pro Second Amendment community is singing her praises. I see online that she is being called Saint Bumb, and I can fully get behind calling her Saint Bumb. Because it’s so refreshing and wonderful to see a judge that understands the Constitution, understands our rights, and is making our rights come alive to stop the ridiculous, absurd, dangerous, and treacherous laws that New Jersey has put upon its law-abiding gun owners. Evan Nappen 03:01 So, looking at the most recent and up-to-date situation regarding where can you carry and where can you not carry. Well, this is what is called “sensitive places”. What the antis did was they took some language out of the Bruen decision where it talked about restrictions could be placed on certain sensitive places. But those sensitive places were very narrowly defined. They were traditional sensitive places. They were places that historically, there had been prohibitions on and made it clear that those places still would remain as being able to bar firearms from such places. But the anti-gunners saw that as some kind of opening that didn’t exist and decided to ban everything and anything they could come up with so that it would gut completely the utilitarian value at all of having a permit to carry. That was Page – 2 – of 8 the strategy. The strategy is to destroy carry by exploiting so-called “sensitive places”. So, New Jersey followed with this plan, probably came up with some think tank, Giffords or Bloomturd, or one of these anti-gunners. Here’s, a great idea. Let’s try to take this to the absolute level of absurdity and cause problems and try to cobble the utilitarian purpose and value of having a carry license. Evan Nappen 04:42 Well, it’s not working. It’s not working, and the cases are filed. We’re winning, and we’ve just begun even in the victories. This should end up eventually just a complete and total victory for us, but for now, what are the places that you’re prohibited? What are the places that you’re restricted? You need to know them, and you need to understand them. Because this is the battleground, as we speak, on our rights, as to where we can have firearms. And it’s important, extremely important, to know that the sensitive places that we’re going to be discussing apply not only to handguns, not only to your carry permit, your permit to carry a handgun under New Jersey law. Not only to that, but it also applies to your long arms. It applies to rifles and shotguns that you are transporting with a Firearms ID Card, unloaded in your vehicle. It even applies to those. So, the old days when you would have much more freedom to transport your unloaded rifles and shotguns, as we’ve discussed on Gun Lawyer under the rifle and shotgun trap, you now have prohibitions that apply in the same way because they use the word “firearm”. Evan Nappen 06:06 So, what we’re going to do today is we’re going to review the 25 “sensitive places”. I’m going to explain to you as best I can as to what can be explained on them, and I’m going to show y

Jan 15, 202334 min

Episode 115-Thousands Turned into Felons- FPICs Void

Episode 115-Thousands Turned into Felons- FPICs Void Also Available OnPodcast TranscriptGun Lawyer Episode 115 SUMMARY KEYWORDS firearm, new jersey, law, expungement, criminals, fight, lawyer, rights, gun, folks, crime, commitment, letter, subsection, gun laws, gun rights, license, firearms, affects, serial number SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m attorney Evan Nappen, and welcome to Gun Lawyer. So, first of all, I want to thank our sponsor, the Association of New Jersey Rifle & Pistol Clubs. They are a fantastic organization that are fighting for our rights as we speak. They’re involved in major litigation over these ridiculous laws that have been placed upon us in New Jersey. And that’s one of the things that I need to discuss today that is critically important. So many people are completely unaware of this, but you better know it, and if you are victimized by this, you’re going to need to take action. Evan Nappen 01:08 New Jersey has effectively invalidated and made void 10s of 1000s of Firearm Purchaser Identification Cards, and it is a felony level offense, a Fourth-Degree crime, up to 18 months in state prison. That’s a year and a half, folks, for those that don’t do math in state prison now, if you fail to surrender your card, if you have been affected by this ridiculous change. This change is just a complete departure from what New Jersey has had for years and years and years. Let me explain to you what has happened. This was part of the atrocious Murphy anti-civil rights bill that passed, A4769, that also contained all the anti-carry provisions so that New Jersey tries to keep its law-abiding citizens as victims of violent crime and not defenders. Evan Nappen 02:29 Well, baked into that cake was a surprise that you need to know. It not only changed the law with regard to carry to gut any utilitarian function that a carry permit had, but it also added a host of disqualifiers. Disqualifiers that fall under NJS 2C:58-3.c. That statute is important because it is the same standard for Handgun Purchase Permits, Firearms ID Cards, and Permits to Carry a Handgun. It is the listing of the specific reasons that one can be denied their right to keep and bear arms and be denied the right to have a license to acquire a firearm or to carry a firearm, etc. In these disqualifiers is a new disqualifier that modified, changed, amended, the old disqualifier, and it involves what is mental health. Evan Nappen 03:52 Now, I’m going to explain exactly how this is done and what New Jersey did, but in order to understand that you need to understand how the old law worked and why so many people are affected by this. Thousands and thousands of people are going to be and immediately are affected by this and are at Page – 2 – of 7 risk of serious criminal charges. Originally, in New Jersey, if you ever had an involuntary mental health commitment or a voluntary mental health commitment, in other words, you checked yourself into a mental health facility to get help. Or if you had been mandated by a court to get mental health treatment in a mental health facility. Then New Jersey had a law that said you’re disqualified for having guns unless you produce proof, medical proof, a doctor’s letter, other medical proof, etc. from a psychiatrist or medical doctor, etc, that you’re not suffering from that particular disease or disability that would make you unsafe for the handling of firearms. Evan Nappen 05:10 Thousands and thousands of folks did that very thing. Now, even in the old days, prior to this law being changed, individuals that did that were covered as far as New Jersey law was concerned. We’ve even discussed on the show that federal law didn’t really care about that. Federal law was only focused on folks that had involuntary commitments, and the only way you could restore your rights under federal law for an involuntary was by getting a mental health expungement. It wouldn’t matter if you had 100 doctors saying you’re okay. Federal law wouldn’t care. You need to have a mental health expungement. But Federal Law never, and still, to this day, they don’t care about voluntary commitments, only involuntary commitments, where you’re forced. Evan Nappen 06:10 But New Jersey always cared about all commitments but gave the escape valve of simply getting proof from a doctor that you’re okay. Well, New Jersey just changed that law. It was signed into law on December 22, 2022. It’s A4769. It modified NJS 2C:58-3., specifically subsection c. where all the disabilities are, and added number 13, added number 13. Lucky 13 for the disqualifier. Let me read you exactly what it says. It says, and this is a preface. A handgun purchase permit or firearms purchaser identification card (or for that matter, by the way, any permit to carry a handgun, because they specifically referenced the statute) s

Jan 8, 202331 min

Episode 114-The Rifle and Shotgun Trap

Episode 114-The Rifle and Shotgun Trap Also Available OnPodcast TranscriptGun Lawyer Episode 114 SUMMARY KEYWORDS exemptions, firearm, handgun, place, cased, law, unloaded, gun, state, exempted, new jersey, sensitive, firearms, facility, id card, shotgun, subsection b, rifle, lawyer, carry permit SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome Gun Lawyer. I want everyone to be aware of the traps, multiple traps, that have been created by this new atrocity, this so-called 4769 Bill. The traps are actually more hidden and greater than you may suspect, and it’s not just about carrying a handgun. This new law has essentially gutted the utilitarian value of a Firearms ID Card when it comes to transport of firearms. I’m going to explain this in detail. Because most folks do not understand this, are clueless about this, and are simply going to be sitting ducks to be turned into criminals, which is what New Jersey does. It is constantly looking to turn law-abiding citizens into criminals. And it is because of an agenda that is not just anti-gun, and not just anti-gun rights, but anti-you and me. They want us disenfranchised of our rights for the entire country, and by turning us into felons, you lose your gun rights for the entire country. Evan Nappen 01:48 It doesn’t matter how stupid and unreasonable and idiotic the state gun law is, or the state law is that you violated. If it’s a felony level offense, you’re screwed for the whole country. So, you need to be aware of these traps. I’m going to do a little bit of a deep dive here and discuss the so-called “sensitive places” section of the bill and its far-reaching implications, not just for handguns. Before I do that, I want to first of all, thank our sponsor, the Association of New Jersey Rifle and Pistol Clubs, for supporting the show so that I’m able to continue to tell law-abiding gun owners like yourself about these things. To warn you so that you don’t become a victim of New Jersey gun law. At least folks that listen to Gun Lawyer are going to be smart, and they’re going to know where these dangers are. Evan Nappen 03:01 As a preface to this, the first thing everyone needs to understand is how our long arm possession system worked prior to this bill. Prior to this bill, the prohibition on possession of rifles and shotguns is under NJS 2C:39-5.c. Under that section, it says no person shall possess any rifle or shotgun unless having first obtained a Firearm Purchaser Identification Card. The next section says you can’t have the rifle or shotgun loaded unless otherwise permitted by law. Now, the exemptions to 39-5. are found in 39-6. Now in 39-5.c. is where the section is about rifles and shotguns that I just reviewed with you, and under Subsection b. of 39-5 is a prohibition on handguns. Page – 2 – of 9 Evan Nappen 04:09 The handgun prohibition in b. said no person shall possess any handgun unless having first obtained a Permit to Carry a Handgun. The same exemptions under 39-6. applied to the handgun prohibition and applied to the rifle and shotgun prohibition. But the difference always was that if you had a handgun, and prior to anyone essentially being able to get a carry permit prior to Bruen, when you were transporting your handgun, you had to transport strictly within the exemptions under 39-6., which are very narrow exemptions, unless you had a Permit to Carry a Handgun. If you had a long arm, a rifle or shotgun, you could transport lawfully within the exemptions, but you could also transport, as long as your rifle shotgun was unloaded, you could transport beyond the exemptions if you had a Firearms ID Card. Because the Firearms ID Card is what exempted your unlawful possession right in the face of the statute under 39-5.c., just like possession of a handgun if you had a carry permit. Well, that exempted your possession of the handgun without needing to go to the exemptions, but since so few people had carry licenses, they could not get that protection. They had to strictly rely on the exemptions. So, that’s how New Jersey’s system essentially worked. Evan Nappen 05:46 Then lo and behold, Bruen, the Bruen decision comes along and makes it so that citizens are actually able to get carry permits. When citizens got carry permits, that then exempted them right away from the 39-5.b. prohibition without the necessity of having to rely upon exemptions, because now you have a carry license, you see. It made it the same as for rifles and shotguns if you had a Firearms ID Card. The only difference is with a carry permit for a handgun, you could actually have your handgun loaded. Because with rifles and shotguns, you weren’t allowed to have it loaded, unless you were otherwise permitted by law, which meant you were somehow under an exemption for having it loaded, but unloaded, you’re always fine. Evan Nappen 06:36 Well, n

Jan 1, 202342 min

Episode 113-How We Beat Biden

Episode 113-How We Beat Biden Also Available OnPodcast TranscriptGun Lawyer Episode 113 SUMMARY KEYWORDS atf, biden, gun, inspectors, new jersey, firearms, inspections, law, revoke, willfully, willful, gun rights, fight, evan, state, ira, license, gun dealers, hearing, lawyer SPEAKERS Evan Nappen, Speaker 3, Ira Levin Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, today we have a very special guest in the studio and that is somebody who I am really, really excited to have been able to help. Together our guest, whose name is Ira Levin, we defeated Biden. That is correct. We defeated Biden. And that’s because Joe Biden put forward an arbitrary policy that was not something done by the legislature, but something done by fiat. And it created a situation in which top gun dealers, range operators, etc, became vulnerable to being destroyed, having their businesses utterly destroyed based on this arbitrary rule. We’re gonna get into it, and how we fought it, and how this made a huge difference. And how, despite the efforts of the Biden administration, there are elements in the law that had been put there to protect us. And in fact, in this case, that’s exactly what happened. Evan Nappen 01:48 I want to first mention our show’s sponsor, ANJRPC, which is the Association of New Jersey Rifle and Pistol Clubs. They are a great organization that defends our gun rights in New Jersey, and I would encourage everyone to be a member of the Association. It’s the state affiliate of the NRA. It’s the umbrella organization of gun clubs in New Jersey, and they have full time lobbyists down in Trenton. And they never sleep. Let me tell you Evan Nappen 02:23 But let me introduce to you, Ira. Ira, thank you for being on the show today. Ira Levin 02:29 Thank you for having me, Evan. I appreciate it. Evan Nappen 02:31 Now, Ira, first of all, I would like our listeners to know about you. You’re a veteran. First of all, correct? Ira Levin 02:42 That’s correct. I was in the Air Force for just over five years. Evan Nappen 02:46 Then at a certain point, you became involved in the firearms business. How did that come about? Page – 2 – of 10 Ira Levin 02:57 If you remember back, New Jersey passed a law that said that you could only purchase one handgun every 30 days. When that law passed, or when the legislation passed, I said to my wife, I said, this is the most ridiculous legislation. If they think this is going to stop gun crime. No one’s buying a gun legally, and then selling it to somebody on the side so they can go and commit crimes. The person gets caught, where’s the gun come from? They go back to the buyer and say, Where’s your gun? How many Evan Nappen 03:28 Wait a minute, wait a minute. Ira, you mean to tell me that people don’t go through the entire New Jersey permitting process so they can get guns papered to themselves, so they can then sell them on the street. Really? That’s amazing. Ira Levin 03:44 So, I said to my wife, I should get my license and help people buy guns legally as cheap as possible. And she said, you know what, why don’t you do it? So, I applied, and I started doing FFL transfers out of my home. Eventually I became so busy that I had to move into a little shop, and I’ve since grown that into a multimillion-dollar business. Evan Nappen 04:07 That’s great. And what’s the name of your shop for those that may not know? Ira Levin 04:10 Legend Firearms. I’m located in Monroe, New Jersey, inside the Union Hill Gun Club. Evan Nappen 04:17 Okay. There is also where there’s firearm training and range facility. Right? Ira Levin 04:27 Right. We have it’s a 24-hour facility. It’s a private club. It’s very reasonably priced. We also have a training group on site. ROC Training is run by Rocco La Rocca. So, he does all the training, him and his people and obviously they’re very busy right now with the concealed carry classes. Evan Nappen 04:44 Right. New Jersey, of course, is a challenging environment to be involved with firearms. Probably the most challenging, and yet your problem that you ended up having was not with New Jersey. Isn’t that so? Ira Levin 05:02 That’s correct. My issue was with the ATF. I have never had an issue with the state of New Jersey. Page – 3 – of 10 Evan Nappen 05:08 Now, tell me, when you’re a gun dealer ATF has a certain job to do when it comes to licensees. And that I guess involves doing various inspections and such. And you’ve had inspections through the years, correct? Ira Levin 05:26 Yes, I’ve had a number of inspections since 2009, when I first started my business. Evan Nappen 05:32 Right, and how would you characterize your relationship with the ATF? Ira Levin 05:41 Excellent. I always had a great relationship. I still have a good relationship with the people who inspected me

Dec 25, 202231 min

Episode 112-This Gun Case That May Change Everything

Episode 112-This Gun Case That May Change Everything Also Available OnPodcast TranscriptGun Lawyer Episode 112 SUMMARY KEYWORDS case, firearms, new jersey, expunged, welfare, second amendment rights, point, gun rights, second amendment, permit, denied, guns, gun, firearm, expungement, appeal, interest, state, court, heller SPEAKERS Evan Nappen, Louis Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. We have a special guest in the studio today, and I’ve known this special guest for quite a long time. This guest is my brother, Louis Nappen. The reason that Louis is here today is we’re going to be talking about a court case in New Jersey that may change everything. It’s not an exaggeration. We’re going at an issue in our gun laws that is an issue in every gun permit case, Firearms ID Card, Permit to Carry and weapon forfeiture, because it goes directly to the heart of the disqualifiers, what we call the disabilities. We are challenging one of the disabilities that is the most troublesome of them all because it is incredibly subjective. We see it being abused and used to deny citizens’ rights all the time, and we finally have an opportunity here. It’s very exciting and can have tremendous impact. Evan Nappen 01:38 Now, I want to first thank our sponsor, who is the Association of New Jersey Rifle & Pistol Clubs, ANJRPC, for helping us to get the word out here and to be a proud supporter of our show. This case is really significant. And it’s very interesting as to how it progressed, and the timing of it, given the Bruen decision. First, let me introduce my brother Louis. Louis, how are you today? Louis Nappen 02:20 I’m fine. Thank you very much. Evan Nappen 02:21 Good. I’m glad you’re with us to talk about this. Now, Louis did most of the heavy lifting in this case, and it is very interesting because it’s an appeal to the Appellate Division of New Jersey, in which the Appellate Division did something that we have rarely ever seen before. Why don’t you tell us about what occurred here, Louis, in the procedural aspect of this case? Louis Nappen 02:54 I’ll give you a little bit of the history here. We have a person who applied for a permit to purchase a handgun. He already had a Firearms Purchaser Identification Card, and he wanted some more guns. In New Jersey, you have to apply for each additional handgun, and he applied. He was denied under the clause, the statutory subsection. There are 11 disqualifier subsections in our law, and he was denied to the one that says the issuance should not happen to any person where the issuance would not be in Page – 2 – of 13 the interest of the public health, safety or welfare. That’s the vague, overbroad, how are you supposed to know, clause that he was denied under. It was not in the interest of public health, safety or welfare for him to get handgun permits, even though he already had a Firearms ID Card. Evan Nappen 04:02 As a matter of fact, he had had a firearms virtual ID card and other handgun permits issued by this same department. Correct? Louis Nappen 04:11 Yeah. Evan Nappen 04:12 He had had them since I think 2017. He had had these permits and had been issued, and then he applied. Louis Nappen 04:22 In 2020, he was denied this way. He appeals, he takes it up to them, and the way it works. He was denied by his police chief, but that’s how it works in Jersey, and then you can appeal to the Superior Court, county for a hearing. Now, when he did that, the state then moved to revoke his Firearm Purchaser ID Card and to compel the sale of his firearms that he already possessed. Evan Nappen 04:53 Now, before we go further, what was the allegation or what was the basis or the foundation for them even trying to claim that there’s some danger or not in the interest of public health, safety, welfare here? Because he did not have what’s called a per se disqualifier. He was not a convicted felon. He didn’t have a restraining order. There was nothing otherwise that prohibited him from having a firearm. Right? Louis Nappen 05:20 That’s correct. Yep. No restraining orders, no convictions on his record, none of that. All he had. Evan Nappen 05:26 What did they rely on? What did they rely on? Evan Nappen 05:29 Oh, oh, okay. Now, wait a minute. So, he’s being denied now his Second Amendment rights. They’re revoking in de facto revocation to take away his old licenses, permits and try to grab his guns over an expunged matter that they reopened. So, for them to do this, and for the judge to grant it, it must have been incredibly serious. What was expunged? What were these heinous offenses that were expunged that now opening expungement lead to his loss of Second Amendment rights? What were they? Louis Nappen 05:29 Page – 3 – of 13 They relied on two dismissed and expunged matters. The State motioned t

Dec 18, 202238 min

Episode 111-Bi Partisan Voluntary Gun Ban

Episode 111- Bi Partisan Voluntary Gun Ban Also Available OnPodcast TranscriptGun Lawyer Episode 111 SUMMARY KEYWORDS new jersey, gun, explosive, law, bill, gun rights, suicide, fight, people, rights, gun owners, anti, evan, disenfranchise, buy, firearm, push, destructive, gun laws, means SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. I recently read a very interesting article, and then I’ve seen more information about it. About what is being pushed as the bipartisan voluntary gun ban. Before I get into that, I want to thank you all for being loyal listeners. I particularly want to thank our sponsor of the show, which is the Association of New Jersey Rifle & Pistol Clubs, ANJRPC, which is the state NRA affiliate in New Jersey, fighting for our gun rights. In New Jersey, it’s vital that you belong to the Association, as we fondly call it. Now, this interesting push of this bill is a little bit of a twist on what is normally put forward. The idea behind this is to have a Federal law where you can voluntarily place yourself on a list so that you cannot buy a gun. (H.R. 8361 – “Preventing Suicide Through Voluntary Firearm Purchase Delay Act”) (https://www.congress.gov/bill/117th-congress/house-bill/8361/text?r=4&s=1) You literally impose a gun ban on yourself. This is an actual Federal bill that has some bipartisan support, and it is being pushed under the guise of suicide prevention. So, if somebody, in theory, knows that they are suicidal and that they themselves cannot trust themselves to not want to go out and buy a gun and off themselves, they can, in advance, put themselves on a list so that a gun cannot be sold to them. In other words, making themselves essentially NICS denied on the purchase when they go to buy. Evan Nappen 02:34 Now, of course, the whole thing is absurd. First of all, the push on suicide and prevention of suicide is, on one hand, something any one of us can sympathize with. We don’t want to see people killing themselves. You want to see people not invoke what is called the “long term solution to short term problems”. And I get that. But, as usual, the anti-gun folks, the anti-Second Amendment folks, seize on anything they can seize upon. And here, they want to just make suicide about guns. They’ve pushed programs in the past and “the means matter”. In other words, go after guns to stop suicide. Now, even when you stop for a minute, if someone is bent on killing themselves, there’s only about 1000 ways to do it. A gun is one way, but are we going to also put yourself on the list so you can’t cross bridges? Are you going to put yourself on a list so you can’t buy rope or any kind of wire? Are you going to put yourself on a list so that you can’t run your car in your garage with the fumes? At what point can you stop these various means which is endless ways to kill yourself? Evan Nappen 04:09 Page – 2 – of 7 Instead, they want to focus it on the gun because it becomes another mechanism to go after guns. They particularly love to push suicide in states and areas where the murder rates are low and gun ownership is high. Then they go, “well we got to prevent suicides” so we need to get gun control here because they can’t sell the crime theme. Although today it’s not so important even to sell any theme, I guess. Because, particularly in Jersey, they’re just coming straight out now and say, “we’re here to control you”. It’s not even about crime or anything, but in other places where they’re still trying to have some guise, a scheme, then suicide prevention is one of the things they will try to abuse. And so, we now see this bill, this bipartisan so-called bill, to create this registry that you can put yourself into. Now, good luck getting yourself out of this, should you ever do it. But put yourself into this so you bar yourself. I guess if you’re masochistic, too, this is a wonderful thing. You just can’t stand having all these rights. I wish there was a way I could just end the having rights, like the right to have guns. Maybe there should be a list, so I lose my right to free speech. Because who knows what I might say? Or lose my right to remain silent or lose my other right. It’s amazing to even think we’re going to set up a law so that you cannot ever invoke your rights in whatever right this law wants to focus on. Evan Nappen 06:01 Even if we look at this and say, hey, you know what? This is really well intended. This bill is just pure of heart. This bill is there so that individuals, you know, and if it saves just one life, it’s worth it. You know, we’re going to hear that crap. I mean, you have one life, and it’s worth it. Except when we talk about carry and your ability to defend yourself where we are going to save many lives, that&#821

Dec 11, 202233 min

Episode 110- Reparations For Gun Owners

Episode 110- Reparations For Gun Owners Also Available OnPodcast TranscriptGun Lawyer Episode 110 SUMMARY KEYWORDS reparations, new jersey, gun violence, gun owners, gun, orwellian, paid, apologized, harms, licenses, people, justifiable, rights, law, applications, term, protect, lawyer, slavery, violence SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Of course, Gun Lawyer now has a sponsor. Very proud that the Association of New Jersey Rifle & Pistol Clubs, anjrpc.org, is sponsoring our show. Today I want to talk about reparations for gun owners. You know, you may hear about reparations, and maybe you’ve heard about reparations. You hear reparations being tossed about as something we should do to address America’s past regarding slavery, and descendants of slaves should be paid reparations for what their ancestors went through. Now, without getting into that whole debate whether we should or shouldn’t do that, it does raise an interesting question about reparations. Some people claim well, the entire Civil War was reparations paid for that debt. Evan Nappen 01:27 But putting aside the question of whether reparations should be paid by slavery, I started looking into the idea of reparations, and is this something that has been done before in any other contexts? What is the deal with that? So, I found a very interesting article. It’s called “Reparations in the United States”, and it’s from University Mass. It is written by Allen J. Davis, Ed.D. (https://guides.library.umass.edu/reparations) It’s “An Historical Timeline of Reparations Payments Made From 1783 through 2022 by the United States Government, States, Cities, Religious Institutions, Universities, Corporations, and Communities.” It is quite an extensive list. I never realized before just how much and how many times, reparations throughout history have been paid by governments and entities for all kinds of wrongdoing. Evan Nappen 02:38 It started out here in this paper by Davis, in 1783 Belinda Sutton, who apparently was sold into slavery in Massachusetts. After 50 years of enslavement, she was made a freedwoman, and she petitioned Massachusetts to get a pension. She was actually paid a pension of 15 pounds, 12 shillings, whatever that meant back then, from her enslaver. This is one of the earliest records of this in terms of it applying to slavery. Then it goes to 1863 when mobs of white New Yorkers terrorized black people by roaming the streets and setting fire to buildings. There were deaths that are estimated 100 to 1000. All the merchants apparently got together, and they raised over three quarters of a million dollars in today’s dollars to pay reparations for what had happened. Page – 2 – of 7 Evan Nappen 03:57 Of course, there’s 1865, the famous William Sheraton, and (U.S.) Secretary (of War Edwin) Stanton, where they met with black leaders (in Savannah, Georgia). General Sherman issued Special Field Order No. 15., that Black people would receive an army mule and not more than 40 acres in South Carolina and Georgia. You may have heard about that reparation. In 1866, the (Southern) Homestead Act. In 1878, there are damages paid in Kentucky, and it goes on. Then in 1924, there’s Pueblo Lands Act where it’s reparations to Native Americans. All through that period from the ’20s, ’30s, and ’40s, different reparations paid by the Government to Native Americans. Even into the ’50s that continued. Payment as well to people in Alaska. Evan Nappen 05:13 It goes on, all the injustice and then in 1970, Richard Nixon restored the Blue Lake and surrounding area in New Mexico (to the Taos Pueblo). Money was paid in ’71 about $1 billion plus 44 million acres of land in the Alaska Native Claims Settlement Act. It goes on and on. You should see list after list of payments and such. In 1988, what do we have? We have President Reagan signing a bill that apologized to 60,000 living Japanese-Americans who had been put in internment camps and paid $1.2 billion ($20,000 a person). Additionally, $12,000 and an apology to the (Unangans) Aleuts for internment (during WWII). It goes on and on. Evan Nappen 06:12 Here again, more reparations payments. In 1994, where you see the State of Florida approving $2.1 million for survivors of a 1923 racial pogrom. In 1997, Bill Clinton apologized to survivors of the Tuskegee, Alabama, syphilis tests. Then Governor Keaton in Oklahoma paid reparations (in the form of low-income student scholarships), and it goes on and on. It’s really amazing how many times, how many things, all the money, and apologizing for individual’s rights, who had been trampled in various ways and various means. In 2019, Senator Booker from New Jersey put forward to study and have a report and look at different proposals for reparations. He said the bill is a way of address

Dec 4, 202230 min

Episode 109-Should you DELAY applying for your NJ Carry?

Episode 109-Should you DELAY applying for your NJ Carry? Also Available OnPodcast TranscriptGun Lawyer Episode 109 Gun Lawyer — Episode 109 Transcript SUMMARY KEYWORDS gun owners, gun, permit, new jersey, law, gun rights, misdemeanors, state, judges, rights, folks, association, fighting, licenses, bill, denied, second amendment, domestic violence, lawyer, violent SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Today I’m going to explore an interesting question, and that question is whether you should delay applying for your New Jersey carry permit. This is an important consideration. I’ll get into detail about whether or not that’s something you should do. Evan Nappen 00:53 Now, I am really excited about today’s show. Because today, for the first time, this show has a sponsor. That’s right. I want you to know that I did not actively seek sponsorship. The show is not about being “monetized”. This show is about having a voice so I can speak to fellow gun owners about their rights, about what’s going on, and hopefully have a little fun while we do it. To get the word out, that the lamestream media refuses to let people know. I’m very proud to say that the sponsor of our show is the Association of New Jersey Rifle & Pistol Clubs. That’s right, our state association, and that is a sponsorship which I’m happy to accept and proud to be a part of. I’m going to tell you more about the Association and just how vital it is to our rights. It is indispensable in the state of New Jersey. And that’s not an understatement. You need to know and be a part of www.anjrpc.org . Evan Nappen 02:24 Now, one of the things that has come to my attention, and it is coming from this horrible bill – A4769. This bill is so bad, and this is saying something because I’ve been fighting for gun rights my entire career. My entire calling, activism, dedication, my life has been defending the Second Amendment and fighting for our Second Amendment rights. Opposing both legally and politically gun laws that intrude on our rights and infringe on our rights. It turned law-abiding citizens into criminals. I have to say this is one of the most obnoxious, most reprehensible pieces of legislation I’ve ever seen. It strictly targets law-abiding citizens and admittedly so. Evan Nappen 03:37 In the past, they would push gun laws under a guise of doing something about crime, a guise about this and that for preventing death or for safety, etc. But no longer. They just admit this is to control law-abiding citizens, and they don’t make any bones about it. So, this makes it particularly egregious. It is just a law designed to get us. It is a law designed where, folks, we are at war. War has been declared. It’s that simple. We’ve always been fighting, but this is now over the line. We have to use our political power to fight this and that includes what you’re doing legislatively to challenge it, even though it’s Page – 2 – of 9 stacked so much against us. But also in the courts, too. To fight this as soon as Murphy’s pen hits the paper. I know that our State Association, ANJRPC, will be doing that as other groups will, too, I’m sure. Evan Nappen 05:07 This egregious bill, this horrible bill that just absolutely flies in the face of what should be a glorious expansion of liberty, a glorious time of our Second Amendment rights having been recognized by the Supreme Court and empowered by the Supreme Court, so that we no longer have to be victims, but can in fact, be defenders in New Jersey. This bill has tried to create every conceivable type of roadblock to eviscerate that right from the state. As you may know and may have heard in prior shows that we have examined it and looked at it, we saw how it creates these horrible, enormous amounts of sensitive places so that it’s virtually impossible to exercise your right in the state. How it mandates all kinds of procedural things that are just there to be bureaucratic annoyances and hurdles, making it harder for you to exercise your rights and to delay the exercise of your rights. Just unbelievable. To intrude into your privacy, to go at your Freedom of Speech for social media investigations, to require insurance, if you’re going to have a carry. To do everything they could think of to stop you and me. It is a war on you and me. It is a war on our rights. It is just disgusting that these people in our government, our own government, believe their job is to take freedom, to take liberty, to make citizens vulnerable to attack and to criminals. It’s just astounding to even think that there would be a majority of these folks in power that want to do this to us. And yet, there it is. Evan Nappen 07:27 Now, in this atrocity, this unbelievably egregious bill that goes after our Second Amendment

Nov 27, 202244 min

Episode 108-using racist gun laws to uphold racist gun laws

Episode 108-using racist gun laws to uphold racist gun laws Also Available OnPodcast TranscriptGun Lawyer Episode 108 SUMMARY KEYWORDS repugnant, welfare fraud, law, rights, case, firearm, gun laws, tradition, range, uphold, court, prohibit, disarming, people, anti, second amendment, gun, violent felon, oregon, lawyer SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. So, this case came down in the Third Circuit. The case is Bryan David Range versus the Attorney General United States. (Case No. 21-2835) This was a Third Circuit Court of Appeals case, which includes in its jurisdiction New Jersey and Eastern District of Pennsylvania. Now, this case involves a very interesting set of facts, and it’s something that touched upon things that we’ve talked about in the past. We’ve talked about in the past how there is genuine institutionalized racism in the gun laws. That’s the racism that the left never wants to discuss. But frankly, when you prohibit felons from having firearms, by the very nature of doing that, you’re discriminating against blacks that I think it’s at least five to one, if not six to one, to whites, at a ratio of felons in America. With Hispanics, it’s two to one. Evan Nappen 01:41 So, when you prohibit in these categories like this you are disproportionately removing and disenfranchising the right to keep and bear arms from individuals. Now I know many of you will say, well look, violent felons, as such, they should not have the right to keep and bear arms. I don’t care about how it breaks down racially at all, or any of that. And I can understand that view. What about non-violent felons? Felons that have not been convicted of anything dangerous or violent. Should they still be precluded from enjoying and exercising their Second Amendment rights? We have on the books this ability to get Relief From Disabilities. The ability to get your rights restored. But that hasn’t been funded, as we’ve discussed in the past, since 1992, thanks to Charles Schumer and the Democrats. By not funding it, individuals cannot get their rights restored. So, if you’re in this disproportionate ratio of minorities, you cannot get your rights restored. Even though you’re a good person and it was a nonviolent offense, you’re still screwed out of your Second Amendment rights. Well, that’s pretty good, institutionalized racism. Evan Nappen 03:01 We see today that the tradition of institutionalized racism is alive and well. The case here that I’m going to tell you about furthers that proposition in a manner that is kind of unbelievable, but true. So, let me tell you about this Range case, right from the case. First of all, the legal action itself was a challenge. I know that the Firearms Policy Coalition had quite a role in this, and I give them credit for fighting the fight and trying to right these wrongs. So, good for them. Unfortunately, the case, at this time, at this Page – 2 – of 7 moment wasn’t successful. That doesn’t mean there isn’t more fight to be had. It’s important, even with it not being successful, that it shows what we’re dealing with in these courts. Evan Nappen 03:57 Let me tell you about the Appellant here in the case of Bryan Range. The court says in the beginning of the case that (Appellant Bryan) Range falls into a category, having pleaded guilty to the felony-equivalent charge of welfare fraud. That’s right. He ended up convicted of welfare fraud, pled guilty to it, a non-violent offense. The court, essentially in this case, finds that the people constitutionally entitled to bear arms are, law-abiding, responsible people, a category that properly excludes those who have demonstrated disregard for the rule of law through the commission of felony and felony-equivalent offenses. Additionally, they concluded that even if Range falls within “the people,” the Government has met its burden (to demonstrate) that its a prohibition is consistent with historical tradition. Evan Nappen 05:01 Wait until I tell you about the historical tradition that upholds the prohibition on Mr. Range, non-violent, felony offense remaining a disqualifier, a disenfranchisement of a constitutional right, which is the equivalent, remember, of Freedom of Speech, and Freedom of Religion. The Court in its decision, and I’m cutting through a lot, makes it clear where it says that the Second Amendment does not protect “unvirtuous citizens”. Through the opinion, they say “. . . that the Second Amendment extends only to people considered ‘virtuous citizens,’ and therefore hold that there is a longstanding tradition of disarming citizens who are not law-abiding.” This is acceptable, and in this case, fine and dandy. What is the analysis that took place here? It is based on the Bruen decision, and in t

Nov 20, 202229 min

Episode 107-The Case of The Loaded Chicken

Episode 107-The Case of The Loaded Chicken Also Available OnPodcast TranscriptGun Lawyer Episode 107 SUMMARY KEYWORDS gun, cmp, tsa, called, chicken, lawyer, books, revolver, dcm, buy, law, firearms, evan, case, gun owner, client, spokesman, places, weapons, fbi SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen and welcome to Gun Lawyer. So, here’s a very interesting story that I just read, and it reminds me of the cases that I seem to end up getting. Just recently the TSA at the airport in Fort Lauderdale found a gun hidden inside a Florida woman’s chicken. That’s right. She had a raw hen that she was apparently taking to Haiti, and inside the raw hen being transported to Haiti was a compact, semi-automatic pistol. Now they’re not identifying the pistol, but it looks like a compact nine. I can’t make it out exactly. It could be a .380, but I think it’s a compact nine stuffed deep into this chicken. Now, I’m looking at this and thinking, should you really think that a metal gun wouldn’t be found in a chicken? I mean, come on. It’s going to be like they’re scanning it. They are going to see a chicken, and they are going to see a gun in the chicken. Evan Nappen 01:49 Now they may think, hey, they had a rough night last night and maybe they’re seeing things or something. But this is a freaking gun in a chicken. Come on. What do you expect? So, I’m looking at this, and the TSA posted a picture of it. They decided to do some whole kind of goofy news release on it, which I don’t blame them because this is very bizarre. But it does say that a TSA spokesman took the opportunity to reach into their bag of Thanksgiving themed puns, as they issued a warning to other travelers looking to safely travel to secure firearms. By the way, I am reading parts of this, just for everyone to know, from a piece by Grace Stevens In the Truth About Guns. https://www.thetruthaboutguns.com/tsa-finds-gun-hidden-inside-florida-womans-chicken/ So, tag is very cool. This is where I saw this come through on the news feed, and if you don’t get the tag info, you should it’s kind of fun. Evan Nappen 03:00 Here’s a quote from it. It says, “The plot chickens as we barrel are way closer to Thanksgiving.” Oh, the plot chickens. I get it, like the plot thickens. Okay, let’s go back to there. Can you imagine the TSA is actually trying to be funny? Wow. “The plot chickens as we barrel our way closer to Thanksgiving. For us, it’s a time to be thankful that our officers are always working around the cluck to keep you safe,” the spokesperson wrote. “We hate to beak it to you here, but stuffing a fireman in your holiday bird for travel is a baste of time. This idea wasn’t even half-baked; it was raw, greasy, and obviously unsupervised.” The best joke here in my opinion, would you say that she was attempting to transport a pistol that was cocked. Right? Come on, but TSA wouldn’t go there. But we can go there. We can go Page – 2 – of 8 there on Gun Lawyer. And nothing about foul play or any of that not being suspected. You would think they would at least do that joke. Evan Nappen 04:11 Come on TSA, get with the program and do some better job. You were just given a gun in a chicken. Think you can do way better than what I just read. That’s just pathetic. Seriously, this joke of a situation was literally handed to the TSA on a silver platter, and they failed to take advantage of it. Instead, I think one day, this is all going to come home to roost on the TSA over what they’re doing. And you know what? I have to say that I have actually a strong desire to get away from making chicken jokes here. Instead, I want to tell you about other weird places that guns have been found. Even had clients with guns in weird places. Evan Nappen 05:06 A classic, of course is, I mean, it never gets old, when somebody’s caught with a gun in their butt. Let’s just face it. It seems to me from my observation that the preferred gun to have up your butt is a North American Arms mini revolver. I mean, it is a mini revolver, right? It makes sense; that’s pretty good. If you’re going to put something up your butt, putting a Desert Eagle is going to be just not very comfortable. Not that the North American mini revolver is going to be comfortable, but it’s a big difference between that and a Desert Eagle or a nice Smith 29 .44 mag. Oh, forget it, you’re at least going to have to get. I would say that the North American Revolver is probably the best choice. Although some folks might be able to push it up a notch. I could well see somebody going in a gun shop and discussing these alternative ways of carry and having other guns suggested, maybe to upsell the person. Do you think you could do a J frame? How about a Smith J frame? We’ll, throw in a f

Nov 13, 202233 min

Episode 106-Knife Law Victories You Need to Know About

Episode 105-Knife Law Victories You Need to Know About Also Available OnPodcast TranscriptGun Lawyer Episode 106 SUMMARY KEYWORDS knife, law, new hampshire, judge, carry permit, gun, bill, repeal, new jersey, rights, gun rights, carry, second amendment, firearms, switchblade, ban, handgun, pennsylvania, gun laws, permit SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. I’ve got a lot of cool stuff to tell you about some, some good news. I know, we are always looking for good news here, and I got some good news for you. But before we get into the good news and some other letters and interesting things, I just want to say you’re listening to the show and it’s just a day or two before election day. I know you’re probably sick of hearing about get out and vote. But I’m going to tell you right now, get out and vote. You have to vote. One of the toughest things in all my years of activism for the Second Amendment and gun rights and knife rights and all that has been apathy, apathy from our own people. Don’t be that guy or gal. Okay, no apathy. This is so critical. So crucial. We are at midterms, and we have to send the message. We have to send the message. Putting aside all the other issues that have been wrecking our lives under the current administration and just focusing on what we’re talking about today, which is Second Amendment issues, then it’s critical that we get out, make that vote, make that statement so they can see what they’re in for. Evan Nappen 02:08 Let me just tell you, that we have a strict policy here, a strict policy of how to determine who to vote for. Some of you may say, well, who should I vote for? I’m going to make it really simple. You vote Republican. It’s that simple. It doesn’t matter who the person is. Not in this election. It sure doesn’t. Not one bit. We’ve got to vote Republican to send the message and get the Republicans in power in both houses of Congress. We got to do it. It’s incredibly significant because Republicans have to gain the power in both houses. Once the Republicans have the power, then Biden’s anti- gun, anti 2A agenda can be stopped. And more than that, way more than that, because the Republicans will then be in control of the committees. The committees, you see, they decide what bills go forward. But more importantly, what investigations take place. Then they’ll be able to use the power of the committee to subpoena and to investigate all the wrongdoings of the Democrats and their cohorts that they’ve been doing to America, to you and me and our rights. Evan Nappen 03:47 This also means getting into the activities of the ATF and the FBI, in what they’re doing to gun rights. It means the ability to investigate and go at all these things, so that we can finally, actually, get some real information out there. Not what the Democrats have wanted to hide and conceal and fool the American public about. It goes directly to our rights across the board. Everything from their being in cahoots with Page – 2 – of 8 social media and stopping even my voice from social media, etc. to telling you things you need to know. Our ability to have discourse to the administrative and Executive Orders by Biden intruding on our Second Amendment rights. All these things are at stake and in play, and other proposed laws. And how about Court appointments, Judge appointments, maybe even Supreme Court appointments? They have to have that approval by the Senate. We need Republicans in control because there’s nothing better that they would like to do, than to turn the Court around as a weapon against us. So, it’s critical. Even in the local races throughout the land. There needs to be such a red tsunami, not just a red wave, a red tsunami, to slam them into reality, and to stop taking our rights and threatening our rights, and doing the things that they seem to get away with, with impunity, that will be no more. So, do your part. I’m counting on you. You know, I’ll be out there. Make sure you vote. Evan Nappen 05:45 Here’s some good news. Some good news in knife rights. That’s right. Remember, the Second Amendment is not just the right to keep and bear guns, it’s the right to keep and bear arms. And arms include knives, as well as guns and many other weapons. Any weapon that is utilized in self-defense. Any weapon utilized for hunting, etc. This is shown by history in history texts and tradition of our American laws. I have researched the earliest knife laws in America, and I did a piece on this in the Knives Annual 2021. You can read it. The oldest knife laws in America. I traced those laws. Evan Nappen 06:46 You know, in those days, the old days, you were required to have edged weapons. You were required as part of the militia, of which every able-bodied man was part of, to not on

Nov 6, 202236 min

Episode 105-Beware of Consenting to Give Up Your Guns

Episode 105-Beware of Consenting to Give Up Your Guns Also Available OnPodcast TranscriptGun Lawyer Episode 105 SUMMARY KEYWORDS guns, pti, gun rights, switchblade, turbo, second amendment, criminal, new jersey, socialist, rifle association, rights, gun laws, lawyer, consent, judge, democrats, attorney, state, law, evan SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I have been getting some interesting cases, and these cases have raised an important point of what I want to make sure my listeners are aware of. What I’ve seen is a pattern of mistakes by individuals who fall into what I call the “give up your guns trap”. It’s a trap in law that occurs when individuals are put into the system, and the system persuades them to give up their guns. Because when this happens, they don’t advise as to all the ramifications, and it is a sucker bet. Literally, the gun owner is played as a sucker. I don’t want to see any of you played as a sucker. I want you to know your rights, and I want you to know what to do if you ever end up in this situation. Don’t say or think that it can’t happen to you. Because just about every client I’ve ever talked to tells me I can’t believe this is happening to me. So, it happens. Evan Nappen 01:54 Let me tell you about the recent incident issue and what happened so we can learn from these other folks’ mistakes. What happened was this fella calls me who had a TERPO against him. TERPO is what we commonly call Red Flag. TERPO stands for Temporary Extreme Risk Protection Order. When the TERPO, which in New Jersey can be done at the drop of a hat, I mean, it’s easier to get a TERPO against somebody than getting your sandwich made correctly at Wawa. Okay, this is how it goes. It’s made to be quick and easy to get the person’s guns taken. Then they get to have due process afterwards. We’ve talked about TERPOs and the mechanics of TERPOs and how outrageous the red flag TERPO is in New Jersey. So, here’s an individual who gets slammed with a TERPO. The TERPO was not justified, and this person, unfortunately, went to court without an attorney. Now, here’s the thing. I know a lot of folks, they know they’re righteous, they feel truth is on their side. They feel that their trust in the system is going to pull them through, and therefore, they don’t need an attorney. They don’t need a counselor to advise them about the nuances of New Jersey’s gun laws and how they work. Evan Nappen 03:43 So, he went there without an attorney and here’s the thing, he won. Yep. The judge agreed. The judge agreed that the TERPO was unjustified. The judge dismissed the TERPO so that it did not become a FERPO, which is a Final Extreme Risk Protection Order. And that’s good. It’s great that he was able to achieve that result. But here’s the problem. Even though the judge dismissed the TERPO is a victory, the judge in the order dismissing never made a finding or a statement or any type of order as to the disposition of the winner’s firearms. So, the judge says yeah, the TERPOs no good. You’re not in Page – 2 – of 8 immediate danger to yourself or others and I’m dismissing it. That’s great. But this fellow didn’t know to insist that while you’re there in court getting a court order that the judge also speak to, in the order, the disposition of the property itself. The disposition of the firearms. In other words, ordering that he get his firearms returned. So, that didn’t happen. And lo and behold, he won the TERPO, but now he wants to get his guns back. Evan Nappen 05:25 He’s contacting the prosecutor’s office and trying to get a hold of somebody there and trying to get someone to return guns. And guess what? He’s got no leverage to return guns. There’s no court order to return the guns. He wants to get his guns back. He did it himself. He won the TERPO, but oh, well. Finally, he gets a hold of someone from the prosecutor’s office. I don’t know exactly who. But they said, look, I’ll tell you what’s a lot easier. Sell your guns. If you consent and give up your guns and sell your guns, you can go get guns or something instead of getting your guns returned to you. You can take a loss of $1000s of dollars in that because, you’re only going to get wholesale from a dealer. But so what? That’s your option. Agree to have them sold, and we’ll make arrangements. So, give up your guns. This fellow signed a consent to have his guns sold to a dealer with him getting the money. Of course, there’s a lot of fine print in that consent, and it says that if you fail to get a dealer to do it within a certain amount of time, usually 60 or 90 days, all the guns are forfeited to the state. They all go to the state because you

Oct 30, 202235 min

Episode 104-New NJ Law Restores Gun Right To Thousands

Episode 104-New NJ Law Restores Gun Right To Thousands Also Available OnPodcast TranscriptGun Lawyer Episode 104 Gun Lawyer — Episode 104 Transcript SUMMARY KEYWORDS new jersey, law, gun rights, audit, firearm, crime, conviction, offense, firearms, rights, gun, second amendment rights, prior conviction, statute, lawyer, called, people, state, guns, gun laws SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi! I’m Evan Nappen, and welcome to Gun Lawyer. I have some really great news and that’s something when it comes to guns in Jersey. You don’t always get to say, but it truly is. New Jersey has probably, unknowingly, but in fact, they have done it. Restored the gun rights to 1000s of individuals who were otherwise being denied their gun rights. I am talking about individuals that had out-of-state convictions for misdemeanors, and I want to explain why this is so and how it is so and give you some specific information here because this is going to help so many people that have been wrongfully denied through the years. You see New Jersey breaks down it’s classes of offenses under NJS 2C:1-4. It’s important that I give you the statute numbers in case anybody listening needs to actually reference the law. I don’t mean to bore you with these numbers, but the numbers will bring you right to the law itself so you can see it and even provide it to a licensing bureaucrat who maybe doesn’t understand it or know it. Or anybody else that may have that concern. Evan Nappen 01:56 If you look under Classes of Offenses, it begins where New Jersey identifies what types of offenses are and how they break down. And what determines primarily a class of offense has to do with the imprisonment or jail time. That’s an important factor, you see. So, New Jersey starts by saying an offence defined by this code, meaning New Jersey’s code, or any other statute in the state of New Jersey, for which a sentence of imprisonment in excess of six months, constitutes a crime within the meaning of the Constitution of this State. New Jersey. So, New Jersey calls, what we would readily identify as felonies. They don’t use the term felony in New Jersey, they use the term crime. If you have been convicted of a crime in New Jersey, that means a felony level offense. If you’ve been convicted of a felony level offense, of course, you’re a prohibited person as a felon under New Jersey law and for the most part, federal law as well. Now, the lesser offenses that we might consider to be misdemeanors, New Jersey doesn’t use that word either. They use the word disorderly persons offense. The reason that that is confusing is people confuse disorderly persons offense with disorderly conduct. We’re not talking about disorderly conduct, although some disorderly conduct might be a disorderly persons offense. A disorderly persons offense is that lesser level non felony, which Jersey calls crime. So, we have crimes and disorderly persons offenses. You don’t want to be convicted of a crime. Of course, you don’t want to be convicted of anything, but a crime disenfranchises you of your Second Amendment rights. Page – 2 – of 6 Evan Nappen 04:23 Then New Jersey says, and this is key, that an offense defined by the laws of any other jurisdiction, for which a sentence of imprisonment in excess of one year is authorized, shall be considered a crime when a reference is made by this code, or any statute of this State to such offense. What you see there is if it’s over a year, and it’s in reference to other states, then it’s a crime if it’s over a year. But in New Jersey, if it’s a New Jersey offense, it’s over six months, then it becomes a crime on the New Jersey side. So, New Jersey then has what are called disorderly persons offenses and crimes, and as a subset below disorderly persons offenses are what’s called petty disorderly persons offenses. In New Jersey, if you’re convicted of a petty disorderly persons offense, it carries a max of 30 days jail. If you’re convicted of a disorderly persons offense, it has a max of six months in jail. Evan Nappen 05:49 Then New Jersey jumps in its statutes to crimes. And that’s where a crime of the Fourth Degree, that’s the lowest level of crime, that’s 18 months. Then the Third Degree is up to five years, and a Second Degree is up to 10 years. A first degree is up to 20 years. That’s how Jersey breaks it down. In the past, if an individual had a conviction for an out-of- state misdemeanor for which the maximum jail was one year, New Jersey formally took a position that since it was over six months, it was a crime. Even though it’s not a felony level offense under federal law or other jurisdictions, but New Jersey put it in that category. It no longer is, because it clarifies here, that it has to be over one year to be a crime, but it

Oct 23, 202225 min