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302 episodes — Page 5 of 7

Episode 103-Murphy’s Jim Crow, Anti 2A, Car Jacker Protection Bill

Episode 103-Murphy’s Jim Crow, Anti 2A, Car Jacker Protection Bill Also Available OnPodcast TranscriptGun Lawyer Episode 103 SUMMARY KEYWORDS firearm, places, handgun, prohibitions, carry, second amendment rights, bill, law, prohibited, carry permit, lawyer, state, including, tradition, exemption, justifiable, required, claiming, new jersey, citizens SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. Today we’re going to discuss in detail Governor Murphy’s New Jim Crow, anti-Second Amendment Car Jacker Protection Bill. That’s right, folks, our governor, never short of various laws to slam our Second Amendment rights and our liberty and freedom, has put forward just a doozy here. This one is so incredibly absurd, stupid and egregious. We have to discuss it, and you have to know what it really says, not what the media is letting you know, it says. We are going to get into these details. I’m going to show exactly why I say what I say and what you need to do to help fight this atrocity on our Second Amendment rights. The bill is officially A-4769. ( https://www.njleg.state.nj.us/bill-search/2022/A4769 ) That’s where you can find it, and you can read it for yourself in the state legislative website. Evan Nappen 01:38 But instead, here, I’m going to give you the highlights of the most unbelievable provisions that exist in it, of which there are many. You need to know who the sponsors, the folks that want to take our rights. Those that don’t respect our liberties. Those that get out there and promote these anti-gun bills to try to keep law-abiding citizens as victims, not defenders. These are the people that are basically giving the finger to the Bruen decision and our Second Amendment. For over 50 years, we had a carry permit law that only allowed the elites to have carry licenses, less than 600 in the whole state. With the elimination of the elitist protection element called “justifiable need”, now your average law-abiding citizen can qualify by getting training and meeting the requirements of good character to get a carry license. Evan Nappen 03:05 They have embarked on creating a giant monstrosity of a gun ban hidden in a cloak of a claim of “public safety”, to somehow try to get around the fact that they can no longer use the justifiable need to keep the elites as the only ones that can have carry permit. As a matter of fact, since the Bruen decision, the State Police say there have been 300,000 applications for carry licenses already in New Jersey, and it has just been a number of months. So, you can see they can’t stand that law-abiding citizens have the nerve, the audacity, to want to carry and have the most effective means of self-defense against crime. Especially against rampant crime in a “defund the police” age. We can’t have citizens defend themselves. You must be a victim. This is their effort to continue that tradition. It’s also combined with the very historical tradition of Jim Crow by Southern Democrats, essentially, the Democrat historical tradition and its racist roots of gun control. I’m going to show you how that works in Page – 2 – of 8 the bill. The bill actually bans your ability to have your handgun that you have a permit to carry for in your own private vehicle. Thereby ensuring to protect carjackers from any of their activities against law-abiding citizens. I’m going to show you the actual way they are accomplishing this. Evan Nappen 05:03 So, let’s start our review of this bill. By the way, this bill does not just impact carry licensing, but they’re also put into provisions, almost like their wish list here of more gun laws to package in. New laws that will affect Permits to Purchase and Firearm ID cards as well. The rationales given up front in the bill are downright laughable. They come right out of Goebbels propaganda mill, and it is the Orwellian Ministry of Truth that styles them. For example, here’s one of the rationales right in the preface of the bill. This is me quoting this. This is what they’re saying one of the basis for their reasons is. “Previously, application of the justifiable need standard minimized the serious dangers of misuse and accidental use inherent in the carrying of handguns in a public place.” Really? Justifiable need was a requirement that individuals show that they need to carry a handgun because they themselves were facing an imminent threat of serious bodily injury or death against them personally and that carrying a handgun was the only way to avert those threats. Justifiable need had absolutely nothing, zero, to do with dangers of misuse and accidental use, inherent in carrying handguns in a public place. Nothing. But that doesn’t stop us from putting a lie directly in our rationale in why we need to pass this atrocity. Evan Nappen 07:08 O

Oct 16, 202238 min

Episode 102-Warning, Warning, Warning! NJ CCW

Episode 102-Warning, Warning, Warning! NJ CCW Also Available OnPodcast TranscriptGun Lawyer Episode 102 SUMMARY KEYWORDS deny, gun, gun rights, carry permit, firearm, carry, judge, permit, law, folks, prohibited, problem, license, rights, disabilities, felons, approved, government, lawyer, pardon SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:21 I’m Evan Nappen, and welcome to Gun Lawyer. Since the Bruen decision and the ability for law-abiding, honest citizens to no longer be victims, but actually be defenders and carry the most effective means of self-defense, a firearm, in places where they never could before. New Jersey is a great example. Well, the folks that are the elitist, the gun haters, the anti-Second Amendment folks, the system itself that just doesn’t want to do anything pro-gun unless it’s done kicking and screaming, has been, of course, trying to figure out ways to thwart our liberty and ways of various mechanisms of abuse. Now, as a gun attorney, so to speak, in New Jersey as the practitioner of gun law in New Jersey, I get to see and speak to client after client and the most pressing issues and shenanigans that are taking place. Because I’m in this special position, helping individuals in real time that are facing the newest obstacles and challenges, I’m able to tell you, my great listeners, about emerging and very current threats, traps, problems and things you need to be warned about. Evan Nappen 02:18 One of those things, which has come to light very strong lately, individuals that are applying for carry permits in Bergen County. I want to explain to you how this works, and I want to get more into the weeds than you would normally get. Even have any chance of hearing about in the legacy lamestream media. They don’t even touch this stuff, but I want to explain to you what’s going on. So, you can be warned and prepared for the ambush that is being set for you now since Bruen eliminated the requirement of justifiable need to get a carry license. In New Jersey, there were three basic things you had to show prior to Bruen. Three basic things that would get you a carry permit. The three things were – number one, that you were of good character and not subject to the disabilities of N.J.S 2C:58-3. Now those disabilities are the list of disqualifiers: you’re not a felon, you’re not a domestic violence abuser, you don’t have a restraining order, you don’t have any mental health commitments, etc. That’s the disabilities under 2C:58-3. You have to show you’re not subject. The state investigation will do your background check and will then be evaluated by your Chief of Police or Superintendent depending on where you are applying. So, that’s the first requirement. Evan Nappen 04:20 The second requirement is that you show that you are safe and qualified for the handling of the firearm. To meet that requirement, you need to pass the course by trainers, have the correct training and demonstration of your proficiency. That’s more or less objectively accomplished as well. The third thing Page – 2 – of 7 was “justifiable need” and that’s what basically stopped everybody because “justifiable need” was so outrageous and so extreme. A test where you had to show that you were personally subjected to threats of serious bodily harm or injury, you personally, and that carrying a handgun was necessary to avert those threats. It was such a high standard and so virtually impossible to achieve. You basically had to show you needed to use deadly force before you needed to use deadly force. So, if you’ve just been shot and killed, well, now you qualify for a carry license. Congratulations. Now that was eliminated by Bruen. So, we’re left with two criteria to get you a carry. Are you a person of good character and not subject to the disabilities? Do you have the adequate training? Evan Nappen 05:43 Now you need to understand that the 2C:58-3 disabilities that are under the carry license law, the carry permit, are the exact 2C:58-3 disqualifiers for getting a New Jersey Firearm Purchaser ID card and a pistol purchase permit. So, the disqualifiers under 58-3 are the same disqualifiers for a Firearms ID Card, pistol purchase, permit, and Permit to Carry a handgun. So, you might rationally say, well, look, I’ve had my Firearms ID card that was granted, and I’ve had pistol purchase permits. Obviously, I’m not prohibited under 58-3. I did my approved certification qualification, met the standard. And I submit for my carry, which does have a few other bureaucratic hurdles, like three pages, double-sided, that have to each be individually filled out, each signed three times by you and your three witnesses, and notarized three times, and you need to submit a photo that is 1.5 by 1.5, not the normal 2 by 2. For some reason, New Jersey decided to adopt the Argentine

Oct 9, 202232 min

Episode 101-Annoying Hollywood Sound Effects

Episode 101-Annoying Hollywood Sound Effects Also Available OnPodcast TranscriptGun Lawyer Episode 101 SUMMARY KEYWORDS gun, firearm, guns, revolver, law, florio, credit card companies, new jersey, possession, legacy, gun laws, criminals, lawyer, gun owner, crime, sound, people, gun lobby, credit card, penalty SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi! I’m Evan Nappen, and welcome to Gun Lawyer. Hey, you know what I find really annoying. I tell you as a gun person, and I know most of my listeners are gun people. Don’t you love that like being a gun person? Like you’re walking around, and you look like a gun. No. People that love guns like you and me. What’s really annoying is we’re watching some Hollywood movie, some action movie, and the movie is not bad, you know, enjoying it. Then next thing you know, there’s some dumb gun sound that they’re dubbing in. It just ruins it because you know guns. Next thing you know, you hear this stupid gun sound. I’ll give you a great example. I can’t tell you how many times, every time they roll a cylinder. I mean, they open a revolver cylinder. Open it, swing it out, spin it, and it goes brrrrrrrrrrrrrrr. Yeah, like it’s like a gaming wheel at the boardwalk or something. I mean, folks, as you know, there’s no ratcheting sound on swing open cylinders. Okay, they love to add the ratchet sound. They’re always spinning the cylinder and making it ratchet. When the only cylinder that’s doing that at all is a single action on a half cock, and you’re turning it. And that’s it. But every time they have a double action revolver, you hear that brrrrrrrrrrrrrrrrrrr? Constantly. It’s like, stop. It’s silent. Come on, keep it real. But no, they gotta throw that in. Evan Nappen 02:06 I’ll tell you what else. Anytime anybody raises a rifle from low ready, you know, they lifted up, and it sounds like a tin can full of screws, every time. Racketracketracketracket. Like, you know, guns just don’t make noise when you point them straight. At least it shouldn’t be. They are pretty quiet. You lift it up. It’s quiet. But man, every time they show guns raised, all you hear is ratchetytat, ratchetytat, ratchetytat. The whole bit. It’s like, come on. It’s not what happens. You know, what’s most amazing really is a lot of Americans, a huge number of Americans, own guns. At least a third of America owns guns. America as a country is not gun stupid. I’m not the only one hearing this stuff and going, uhk, you had to ruin the movie by throwing in stupid gun sounds that don’t happen. Come on. They think, well, the general public doesn’t know and maybe there’s a bunch that don’t know. But so what? We do know. Don’t do that. Stop with the racket attacks, the ratcheting sounds and the gun actions. Evan Nappen 03:34 Every time they have a shotgun, it gets racked. Every time. You only have to rack it once and then it’s loaded. No, but every time you’re lifting, you’re pointing, you’re moving. Man, that rackets ratchet ratchet ratchet to the shotgun rack rack rack every time. You only had to do it once. You already racked Page – 2 – of 7 it before you walked through the door. There is already a round in there. Yet by the time that scene is over, the guy has racked it six more times. You don’t even have any ammo left in it. He’s racked it and hasn’t even fired it yet. I mean, it’s goofy as can be. Just stop. I’m sure many of you have heard this and just shook your head said come on. I mean, it’s right up there when it comes to sound effects. If you have shot suppressed firearms, you know they don’t sound like pssst, pssst, the whisper. You know what it sounds like. It sure doesn’t sound like what Hollywood makes it sound like. You watch these movies and go they are so stupid. How many times have you seen a revolver with a suppressor, and you go oh, come on, cut it out. Stop putting silencers on revolvers, unless it’s a very rare specific revolver. It isn’t by the way. You can’t effectively suppress the revolver. It just isn’t real good at that. But man don’t put little teeny suppressors on snub nose .38s and it sounds like a whisper, pssst, pssst. Just laugh. They’re idiots. We know the truth. Evan Nappen 05:18 They’ve got to stop it. How many times is the firearm. They have the best guns that never need to be reloaded. Did you ever notice that? They just keep shooting and shooting and shooting. They got endless ammo. They make large, so-called large capacity, magazines look puny? The amount of ammo these things hold and just keeps on going and going and going. It’s great. I guess it’s because they never run out of the sound effects for firing. That must be what it is. They can keep plugging in more

Oct 2, 202232 min

Episode 100- Craziest Gun Bill in NJ … and that’s sayin’ somethin’

Episode 100- Craziest Gun Bill in NJ … and that’s sayin’ somethin’ Also Available OnPodcast TranscriptGun Lawyer Episode 100 SUMMARY KEYWORDS exemption, places, exempt, new jersey, prohibited, bill, firearm, courthouses, gun, banned, law, armed, facility, lawyer, include, subsection, folks, protect, barred, handgun SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, folks, this is the 100th show. The 100th Gun Lawyer show. I’m very proud of the show. We’ve been able to do 100 shows and have such great, loyal and dedicated listeners such as yourself. Today’s show, the 100th show, is absolutely astounding, and it is hot off the press right now. What I’m talking about is the most insane gun bill ever proposed in New Jersey, and it is hands down this bill. Its implications are absolutely nuts. It’s a bill that has been put forward by two Democrats, and it’s the Assembly Bill 4502. You can read it for yourself. (https://www.njleg.state.nj.us/bill-search/2022/A4502) It was put forward by Assemblywoman (Mila M.) Jasey, who is district 27, Essex and Morris, and Assemblywoman (Ellen J. ) Park of Bergen in district 37. Evan Nappen 01:42 This bill is what the most ridiculous, poorly thought out, bill that just demonstrates their absolute lack of understanding of the Second Amendment, our rights, the gun laws in New Jersey, and how any of this works. It will create such a mess. I can’t even quantify it. It’s so bad. Let me tell you what this bill will do, without a doubt, is absolutely protect mass murderers, terrorists and violent criminals. As a matter of fact, that’s what it should be called. The Mass Murderer, Terrorist and Violent Criminal Protection Act. Because this bill, and it says it right in the statement, is put forward because of the Bruen decision. The idea is to maximize and create the most number of so-called “sensitive places” where you are banned from possessing a handgun. Evan Nappen 02:51 Now remember, not just carry, but even possession because we do not have a carry law. We have a possession law that you then get a carry license to not be unlawfully in possession. Their failure to understand the dynamics of how this law even works is absolutely expressed in this bill with perfection. To show the idiocy of these people, it is an outrage. What the bill does is it prohibits, even if you have a carry permit, from having a handgun in any of the following places. In a nutshell, and I’m going to go into detail, it includes synagogues, mosques and churches. We are talking about individuals that are lawful licensed persons that have permits to carry. Remember when you have a permit to carry from New Jersey, you have been certified that you are trained, you know how to shoot, and you know the law. Page – 2 – of 7 Evan Nappen 04:06 It is certification as a requirement to even get this license. You are vetted more thoroughly than police officers are in terms of the background check. And you’re approved by this not once but twice. By the chief law enforcement officer that you apply to and then by a Superior Court judge. This is what you go through to get to a carry license. These individuals are being prohibited from all these places that you will not believe how bad it is. Furthermore, keep in mind that permit holders include not just law-abiding average citizens, but also security guards. Armed security guards have carry permits, and they too are banned and barred. There’s no exemption for armed security guards. So, every one of these places that we’re going to discuss not only are law-abiding citizens banned from possession of handguns, but even armed security is banned from possession of handguns. Even a slew of law enforcement is banned from possessing handguns in these places. These places include, synagogues, mosques, churches, parks, playgrounds, recreational areas, public transportation, public gatherings, hospitals, nursing homes and similar facilities, youth sporting events, restaurants where alcohol is served, etc. It’s insanity. Evan Nappen 06:00 Let’s take a good look at this bill, folks. First of all, it establishes as following, that any person who knowingly has in his possession a firearm in any of these venues is guilty of a Fourth-Degree crime, which is 18 months in state prison. A felony level offense. Whether the person possesses a valid permit to carry a firearm issued pursuant to (N.J.S. 2C:)58-4, which is the carry licensing statute, or not. This includes educational facilities, which has been a prohibition even before, but they have expanded the educational facilities now to include public or private daycare centers, or any other educational facility serving young children. Public or private, folks, is now included. It also includes the following: any part of a building or grounds of a private

Sep 25, 202233 min

Episode 99-What’s It Like To Be A Gun Lawyer?

Episode 99-What’s It Like To Be A Gun Lawyer? Also Available OnPodcast TranscriptGun Lawyer Episode 99 SUMMARY KEYWORDS gun laws, firearm, gun, fight, law, ban, second amendment, lawyer, new jersey, people, criminals, semi, freedom, evan, case, rights, individuals, challenge, anti, gun owner SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Do you know what it’s like to be a Gun Lawyer? Well, I’ve been practicing gun law, focused my entire practice on gun law for 35 years, mainly New Jersey gun law. Of course, New Jersey is one of the craziest states to practice gun law because there’s no shortage of insanity in a state like New Jersey with its wacky gun laws. As a gun lawyer, I’ve found it very rewarding because the calling is to defend the Second Amendment, defend our right to keep and bear arms, and defend law-abiding citizens that simply want to exercise their rights and their freedom. It’s amazing how much resistance there is from the Government. Those in the Government with agendas that are contrary to freedom and our rights. Evan Nappen 01:29 Those are the fights that I’ve always enjoyed the most. Fighting for all our Constitutional rights. Fighting for freedom. Fighting for due process. These fights can be very rewarding because you can actually, at times, I know this may be shocking, you can actually see the system work. You can actually see it work. The ability to save people from these draconian and horrible gun laws that turn law-abiding citizens not just into criminals but can ruin their lives. I mean bona fide ruin their lives with simple, silly crap. We’re talking about New Jersey. A state where possession of a slingshot is a felony level offense. If you are charged with a gun law violation, and it’s any of these simple, unlawful possession of a handgun, possession of a so-called, dreaded assault firearm. Now, these made-up terms for these, made up definitions that have no impact on crime, but it affects law-abiding citizens who are looking at serious, minimum mandatory jail time. Crazy treatment through the system. Your entire life and career, your freedom, your family, your hopes and dreams get destroyed by New Jersey, and you become what I call a victim of gun laws, particularly New Jersey gun laws. It’s really a career dedicated to defending folks from being victimized by gun laws that absolutely violate the Constitution and Second Amendment. Fighting to save individuals on an individual level one by one, while challenging the laws themselves. Evan Nappen 03:44 It’s a way to make the things that you studied in law school, when you studied Constitutional rights, when you studied how to make these motions, and how to operate in our adversarial system, so that you can help good people get saved. Because the folks that I represent are law- abiding criminals. That’s a joke, but it’s true. In other words, they are not people who have done something that is evil in Page – 2 – of 6 itself, what they call a malum in se. Instead, they violated a malum prohibitum. Something that’s been made illegal because a bunch of politicians decided that they didn’t like this particular item and the people who own it. So that they can go after the anti-constituency that they have. To turn those people into felons so they lose their voting ability and lose their rights. To disenfranchise individuals from their gun rights for the entire country. Because if you are convicted of possession of a slingshot and even if you pay a $10 fine, you are now a convicted felon. Well, you’re now prohibited anywhere in the United States as a convicted felon under federal law from possessing any firearms or ammunition. So, that’s the game. Evan Nappen 05:23 In the meantime, they can lock you away in state prison for years and just destroy your life. They are able to express their hatred for you and me in this way and take it out on us. That’s where you see law after law passed in New Jersey, despite the Proclamations from the Supreme Court about it being an individual right, and needs to be respected and needs to have the right looked at broadly, for the individual in the same way that we would look at speech, freedom of speech, or freedom of exercise of religion, or even our other due process rights. But that’s not how it goes in New Jersey, particularly. It’s a constant wave in the opposite direction that you fight as a gun lawyer. It’s a really good fight. It’s an important fight, and it’s one that I enjoy. Evan Nappen 06:28 But I have to tell you now lately, it’s been enormous in growth in this fight. Because of all the anti- gun laws that Murphy has passed. Two huge packages of more anti-gun laws that create insanity. Banning things that were never banned before and creating criminals out of thin air. Creating things wh

Sep 18, 202223 min

Episode 98-New Ammunition Bans and Prohibitions

Episode 98-New Ammunition Bans and Prohibitions Also Available OnPodcast TranscriptGun Lawyer Episode 98 SUMMARY KEYWORDS ammunition, gun, law, new jersey, firearms, exemptions, carry permit, handgun, carry, guns, gun laws, anti, preemptively, permit, tracer, lawyer, home, evan, handgun ammunition, license SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:22 I’m Evan Nappen, and welcome to Gun Lawyer. I love getting these letters from the listeners. They raise excellent questions, and I always enjoy answering them. I know that it helps to protect you the listener, which is my goal here. I want to make sure you know what the laws are so that you don’t become a victim of New Jersey gun laws. And man, they are victimizing people left and right. may get into that later about some of the latest. But I have a letter here, and this is from Tauan. He says regarding Governor Murphy’s sweeping gun safety package. Evan, could you talk more about ammo regulation in general, under A1302. Thanks for everything regards, Tauan. Evan Nappen 01:21 Well, I am happy to do that, Tauan, because ammunition regulation is important here in our right to keep and bear arms. It’s one thing to be able to have guns, but they’re not much use if you can’t have ammunition. So, the antis have not limited their focus to simply regulating guns. They have, of course, taken on ammunition and tried to do their dirty work on ammo as well. Now in New Jersey, just generally speaking about ammunition, there is certain ammunition that is prohibited and then given an exemption. We’ve talked about it before, how hollow nose, hollow point, ammunition is regulated, and how it’s legal but narrowly legal. You can go from place of purchase to your home. You can have it in your home. You can have it at a target range and going between those places. But if you have it outside of that, also while hunting is okay. Evan Nappen 02:37 But outside of that, you’re looking at unlawful possession of hollow nose. It’s a fourth-degree felony level offense, and you’re looking at 18 months in state prison per bullet. So, it can be a bit tricky, and you want to stay narrowly within exemptions on hollow nose. There’s also a prohibition on armor piercing ammunition, but the definition of armor piercing is in conformance with the federal definition now. Essentially, I really don’t ever see, I’ve yet to get, in 35 years of practicing gun law in New Jersey, I’ve yet to actually have a legitimate charge or case of someone possessing actual armor piercing ammunition because it has to be primarily for handgun. Evan Nappen 03:33 Page – 2 – of 8 Armor piercing ammo for handgun has been federally regulated, and NJ law mirrors the federal reg. You would have to have some of that super rare like KTW Teflon-coated stuff from way back that you just happened to buy before the Feds changed their own laws on it. I just haven’t encountered it. I’m sure it’s out there, but good grief. You would think the way the antis play up armor piercing that every handgun contains it that any bad guy ever possessed, but it’s actually pretty rare. So, on armor piercing and hollow nose, that is the law. Essentially, you’re banned from possessing armor piercing, and you’re not completely banned from hollow nose. Evan Nappen 04:31 There’s also regulation regarding incendiary ammunition, and in New Jersey it’s lawful to possess incendiary ammunition, ammunition tracer, ammunition tracer rounds, but it’s unlawful to use them. So, if you’re firing tracer ammunition, then you could be in for a criminal charge on that. Now there are certain exempted tracer ammo. Tracer ammo that does not use a burning, flaming or flaring that type of ammo, but that’s out there for shotgun patterning and such. It’s more of a special brightly colored, or somehow otherwise illuminated shot that is not done by anything using heat or fire. That’s not prohibited, but tracer that you might find in military surplus, that is prohibited for use. Plus, even if you are wanting to shoot tracer, which is again prohibited, it’s not the greatest thing for your barrel by the way. Tracer is known to be somewhat corrosive and destructive of the barrel. So, it’s really not the best thing to be shooting anyway. Evan Nappen 05:58 But now we enter into a new dimension with ammunition. Other than those regulated areas that we just discussed, which New Jersey has been famous for, particularly their hollow nose, where they want to impose that we only have high penetration ammunition on the street. So, make sure it goes through the target to hit innocent bystanders, I guess. They want to make sure it’s high penetration. Now with carry licensing, carry licensees do not have an exemption to have hollow nose. There is no exemption for hollow nose. Even if you have a ca

Sep 11, 202233 min

Episode 97-The Raging Pork Roll Debate, A Legal Perspective

Episode 97-The Raging Pork Roll Debate, A Legal Perspective Also Available OnPodcast TranscriptGun Lawyer Episode 97 SUMMARY KEYWORDS justifiable, new jersey, law, carry permit, carry, license, gun, new york, court, second amendment, exemption, pork, firearms, resident, folks, ham, restricted, gun rights, roll, restrictions SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. Today, we’re going to discuss an extremely important topic. One that has come up recently and even on another gun podcast. A good friend of mine, Anthony Colandro, on Gun for Hire podcast, I heard my name was mentioned, brought in, dragged into this important debate. I’m going to enter into this debate, maybe against my better judgment, but I feel it has to be addressed. And that is, “Is it Pork Roll or Taylor Ham? This needs to be covered from a legal perspective. That is the perspective that I’m going to give you. I understand this debate, and I have authority to speak from this. Why? Because I have eaten a lot of pork roll, and I’m from New Jersey. So, I know what I’m talking about. This isn’t some pie in the sky person who’s never tasted the deliciousness of that product. No, it is the finest breakfast meat you can possibly get, regardless of what you call it. For a fact it is, and it is a classic of all classics. I mean pork roll, egg, and cheese on a hard roll. Are you kidding me? Nothing even comes close. Evan Nappen 01:39 Now I call it pork roll, egg, and cheese on a hard roll. Now let me just tell you, I grew up, born and raised, in Monmouth County. Now Monmouth County is actually Central Jersey. So, you can go even more south from Monmouth County to Ocean County, and you have Central Jersey Rifle and Pistol Club. Even that is considered Central Jersey. Now some folks say oh no, you’re below the river so it’s South Jersey. But no, it’s really, Monmouth I think is the truest Central Jersey of Central Jersey places. Right in the center, you got it. Dead center. So, I feel I have that neutrality going for me a little bit there in this important debate. Because I’m from Central Jersey. I’m not officially from North Jersey and not officially from South Jersey, and I get it. I know North Jerseyeans say it’s Taylor Ham, Taylor Ham, and South Jersey it’s Pork Roll. Pork Roll. But I’m going to tell you what I call it – Pork Roll – because legally, that is its name. Evan Nappen 02:45 Now you may say how can that legally be the same? It’s not simply that Pork Roll is its legal name but calling it Taylor Ham is illegal. Did you know that it actually is illegal? So, all you North New Jerseyeans that call it Taylor Ham is breaking the FDAs rule and law because you see this product was originally called Taylor Ham. And I’m totally cool with that. It originally was called Taylor Ham. But lo and behold, the Pure Food and Drug Act of 1906, this is the F D A law in 1906. What happened was, it was being marketed, and the Feds came down on it. The Feds said Hey, you cannot call it ham because it’s not Page – 2 – of 8 ham, and you’re violating the law, the Pure Food and Drug Act of 1906, by calling it ham. So, it had to be changed, and it was changed to Taylor’s Pork Roll. Some even marketed it as Trenton Pork Roll, too. There were other similar products at the time, believe it or not, and this was all about calling it Pork Roll and believe it or not, the legal name, which should resolve the issue, folks. It should resolve it. I know it won’t. I know it won’t. I’m sure that North Jerseyans are going to continue to break the law and call it Taylor Ham. Evan Nappen 04:59 But I have to tell you, don’t do that. Because the way things are going with gun permits under New Jersey law, there is a threat to public health, safety, welfare. This danger to public health, safety, welfare, and it’s getting more and more broadly interpreted. If it can be shown in court that you are illegally calling it Taylor Ham, in blatant violation and disrespect of the law, I know there are judges in New Jersey, that that’s all they need. That’s all they need to say, no, sir, you will lose your gun rights for violating the law and calling it Taylor Ham. You don’t want to take that risk. Do not take that risk of losing your gun licenses and permits and being declared a danger under NJS 58-3(c) for breaking the Federal law on what you identify your breakfast meet as. And don’t tell me that, too, is absurd. Because it’s not. It’s New Jersey. Nothing is too absurd in New Jersey, and I can well see it. Especially a judge in South Jersey. You broke this law by posting some meme, some social media thing, and calling it Taylor Ham, your license is going to be gone, you won’t have a chance. You will not have a chance. So

Sep 4, 202238 min

Episode 96-Is The “Bug-A-Salt” Gun a Firearm in NJ?

Episode 96-Is The “Bug-A-Salt” Gun a Firearm in NJ? Also Available OnPodcast TranscriptGun Lawyer Episode 96 SUMMARY KEYWORDS firearm, salt, new jersey, bug, national reciprocity, gun laws, states, gun, carry, fired, air, guns, gun rights, license, second amendment, constitutional carry, pellet, law, question, person SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I have a fun fact for everyone today. I have been working a lot on New Jersey gun laws and such. I have the following to report, and it is absolutely true. Do you know that New Jersey gun laws are actually four times the size of the Communist Manifesto? That is a fact. That is how many gun laws we have. We have four times the amount of gun laws than it took for Karl Marx to write his manifesto that brought misery to millions and millions over years and years and is still dogging us to this day. That’s right. But New Jersey has succeeded in having four times the amount of words as appears in the Communist Manifesto. I think that’s quite a statement. Evan Nappen 01:20 It’s really one of the key problems that we have in New Jersey and for that matter, all throughout the United States is that there are so many infringements on what “shall not be infringed” that we have essentially lost count. The old estimate used to be there were 20,000 infringements nationwide, but I’m sure that is probably five times that figure by now at least in terms of infringements. Now, on the good news, I think with the reinvigoration of the Second Amendment, and with the Bruen case that we’ve discussed, we are going to see these infringements be attacked left and right. They already are. We should see them fall, and we should see tremendous progress. It’s going to take a lot of time. It took a lot of time to get us to this sorry, state of affairs, and it’s not something that with a magic wand, it’s just going to go away. We have been given a very substantial tool to do that. Evan Nappen 02:36 But it is astounding, as to how many gun laws there are, and how these gun laws have no effect on crime. It’s just a constant lie and an anti-gun narrative to disarm us and to take away our rights. It is just triggered by emotion. It’s fueled by emotion. It’s passed based on emotion. Then we’re left to sort it out, and those that suffer are the law-abiding that get caught in its vicious traps. New Jersey not only has some of the worst, if not in my opinion, the worst, but also it is so extreme in its approach, its penalties, and its enforcement that the Jersey is by far the worst scenario in America. It just wins the prize, for sure. Evan Nappen 03:53 Along those lines, I have gotten an interesting email question that was sent to me, and I want to talk about it in depth because it really shows just how effed up New Jersey is. Now let’s remember we’re Page – 2 – of 8 talking about a state that makes possession of a slingshot, a felony level offense. We’ve discussed just how unbelievably bad the gun laws are to try to follow and understand, how they are applied so unfairly, and how the system is essentially rigged to disenfranchise all of us of our gun rights. In New Jersey, there is no gun offense that’s lower than a felony level offense. I use that term felony level even though New Jersey calls them crimes. I like to call them felony level offenses. It makes it clear what we’re talking about. We’re talking about offenses that make individuals barred from exercising their gun rights anywhere in America. As a convicted felon under federal law, you become a prohibited person throughout the United States. Federal law does not care one bit that you lost your gun rights because you had the nerve to possess a sling shot in New Jersey. It still counts, and you become disenfranchised and a prohibited person and lose your Second Amendment rights. Evan Nappen 05:37 My whole practice is dedicated to defending what I lovingly call law-abiding criminals because the laws have turned these individuals into criminals. They’re attempting to make it permanent on them by destroying their lives, their hopes, their dreams, their finances, their families, and their careers, you know, the whole job. And I realized that it’s really funded and fueled, not by some noble purpose, or even some misguided thought that this could do something about crime, it really boils down to folks just hating us, hating guns, and hating gun owners. That hatred is expressed through the laws that they pass, because there is no rational basis here. Oh, they’ll put forward their narrative and make claims that it somehow is in public interest, but the reality is that it never is. We know it, and we see it. It is something that we have to not give up, and we have to fight. Evan Nappen 06:52 So, here’s a letter that

Aug 28, 202239 min

Episode 95-Dealing with NJ Carry Permit Delays and Issues

Episode 95-Dealing with NJ Carry Permit Delays and Issues Also Available OnPodcast TranscriptGun Lawyer Episode 95 SUMMARY KEYWORDS firearm, problem, serial number, law, delays, lawyer, gun laws, constitution, new jersey, application, strikeforce, gun, gun owners, guns, transporting, state, justices, handgun, jersey, judges SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, folks, I have been representing law-abiding criminals now for basically 35 years, and I’ve seen themes repeat. The thing about themes that repeat is you need to learn from this stuff. And I gotta tell you, just recently, I had a case, a guy called up, and I’m saying to myself, oh, God, the fundamentals. I want to share with you the mistake, so you can learn from others mistakes. It’s critical. Evan Nappen 01:08 So, what do we have? We have a guy who came from another state, visiting relatives here, and brings his guns that are legal for him in another state. Brings them to his parents’ house here in Jersey, where he’s not a resident. One of the guns is a modern Sporting Rifle, known as, in the world of the anti-gun propagandist, an assault firearm. He had some ammunition that was hollow nose ammunition and his handgun. His handgun had a problem Murphy mag in it, and even having the handgun, there is no exemption at your parents’ house when you came from out of state. Evan Nappen 02:17 And what happens? Well, there’s a dispute between him and an ex-girlfriend that he knew, and there was no violence or anything, but it doesn’t matter. Call the police. And lo and behold, he was not at the house. He was not where this all took place. Remember, he lives in another state. So, the police make inquiries, even though it hadn’t even gone yet to a domestic violence restraining order or a domestic violence complaint. They were investigating, and the girl made allegations against him. But there was skepticism, I guess, on their part. Anyway, they wanted to hear both sides. So, lo and behold, he’s read his Miranda rights. Actually, read his Miranda before they question. And what does he do? He talks, and he tells them everything. Evan Nappen 03:32 I asked him, you know, you told them that you had guns, where you came from, all this stuff. Nothing about the problem with the allegations she was making, because he’s innocent of all that. He didn’t have any problem. But he’s talking and talking, and I said, look, you were read your Miranda rights. I always have to ask this because it just drives me nuts. You were read Miranda where the police say, you have a right to remain silent. Anything you say, can and will be held against you. You have a right to an attorney, blah, blah, blah, right. You are read those rights, and I said you were read them? Yes, I Page – 2 – of 8 was. And you still decided to talk? Yes. Why? Why? Ready for the answer, folks? Because I’ve heard this many, many, many times. The answer he said was because I didn’t do anything wrong. I didn’t do anything wrong. Let me just tell you, I get why you might think you didn’t do anything wrong. And that’s because you’re basically a law-abiding person. You don’t ever intentionally do things wrong. You know that the BS that the other person was saying was just that – BS. And you believe, firmly, you didn’t do anything wrong. Evan Nappen 05:08 The problem is, as far as New Jersey law is concerned, you not only did something arguably wrong, but committed, in New Jersey’s eyes, offenses that are insane in their seriousness, draconian beyond belief. We are talking about 10 years in State Prison, and a minimum mandatory three and a half years for possession of what Jersey calls an “assault firearm”. Three and a half years, no chance of parole is the minimum, best sentence you can receive. We are talking about a presumption against release so that you will be held the entire time pending your trial in jail with no release. We are talking about another charge on the handgun of up to 10 years in State Prison and three and a half years minimum mandatory, no chance to parole. We are talking about one and a half years for every hollow nose bullet you had, and one and a half years on the mag that held over 10. That’s what you’re facing because “you did nothing wrong.” And you thought it was a good idea to talk after being read Miranda. Evan Nappen 06:49 Because if nothing was said, there would have been no basis for anything further, anything having to do with guns because you didn’t even live in New Jersey, and there was no search taking place. But once you admitted to this, now you gave the probable cause for the search. Now you’ve laid it out for these charges. Now you have totally effed yourself by talking because you didn’t do anything wrong. And that&

Aug 21, 202235 min

Episode 94-The Troy A4- A Legal Minefield?

Episode 94- The Troy A4- A Legal Minefield? Also Available OnPodcast TranscriptGun Lawyer Episode 94 SUMMARY KEYWORDS firearm, new jersey, gun, state, charged, rifle, home, law, meaning, police, gun laws, hollow, presumption, pistol, ammunition, lawyer, unlawful possession, assault, legal, definition SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, just this week, I got a case that came in, and it’s a case that I think a lot of us can learn from. It really illustrates the problems and makes it clear what we’re still dealing with in New Jersey. This case involves my client who possessed a firearm similar to a Troy A4. I don’t know if you’re familiar with the Troy A4, but the Troy A4 is lawfully sold in New Jersey pursuant to a State Police letter that evaluated it and said it was okay. You can see this State Police letter online. You can even go to the Troy website (https://techopsinternational.com/troy-a4-other-firearm/) where they talk about the gun being Jersey legal. Evan Nappen 01:23 They have this letter as well and what the letter says is very interesting. Because it says that in reference to the request submitted to review the following firearm and determine legality. So, they looked at the Troy A4, and they said that it is designed and manufactured as a “firearm” as defined by the Federal Gun Control Act of 1968. They then proceed, they being the State Police, to determine where this firearm falls under New Jersey law. The letter first reviews the definition of firearm, which does include any gun which may be fired by means of a cartridge. Then they look at the definition of handgun, and they have underlined “originally designed or manufactured to be fired by the use of a single hand.” Then a rifle which is a firearm, and they underline here, “designed to be fired from the shoulder.” And then a sawed-off shotgun means a shotgun having a barrel less than 18 inches or a rifle having a barrel less than 16 inches. Evan Nappen 02:41 So, they are looking at all the appropriate laws and that is correct. Then they look at Title 13, (Law and Public Safety) Chapter 54, which is the Admin Code, and then further at N.J.S. 2C:39-1 where the definition of assault firearm is found. As you may know, assault firearm is a complex five-part definition. The first part is a laundry list of about 67 named guns. Then in conjunction with that, there was an Attorney General opinion that in the Admin Code, they consolidate the opinion into the code, even though it’s not found in the statute. So, it got put into the Admin Code in that manner. But it does talk about “substantially identical”, and what does that mean. Then they put forward the 1996 Attorney General opinion that was codified into the Admin Code, not into law now, specifically statutes, but into the Code where it talks about semi-automatic rifles that have the ability to accept a detachable magazine and that has at least two of the following offending features. So, if you have a rifle and it Page – 2 – of 8 accepts a detachable magazine, then a claim can be made that it is substantially identical if it has two (2) of the following features. If it only has one, then it’s not prohibited, but if it has two or more, then it is. Those features are: a folding or telescoping stock, a pistol grip that protrudes conspicuously beneath the action of the weapon, a bayonet mount, a flash suppressor or threaded barrel designed to accommodate a flash suppressor or a grenade launcher. Evan Nappen 04:40 Now these are some interesting offending features. I know that a lot of you are going out grenade launching this weekend. I hope you have a good time doing that. Now of course that’s ridiculous. A bayonet mount is an offending feature? I always loved that. Like, what does that have to do with anything? What is it because of all the drive-by bayonetings? I mean, why is it even on the list, but it doesn’t matter. There’s no logic, of course. New Jersey banned logic in 1979 I guess, so don’t go arguing logic. This is the list. That’s what it is. It’s codified from the AG opinion that was grabbed from the 1994 Federal law, basically the ’94 crime bill. I like to say the bill that was a crime. Evan Nappen 05:21 And somehow that applied to New Jersey, the Federal law into and through the state of the state law with substantially identical meeting definitions. So, they grabbed the Federal law, which was not enacted by New Jersey, and then adopted it. Now, of course, the Federal law itself is grandfathered and has been gone since 2004. But it lives on in New Jersey. The New Jersey’s definition of assault firearm as stated. So, the State Police looked at the definition of assault firearm, they looked at these things, and then they take a look at the Troy A4 and also letters from BATF in the

Aug 14, 202231 min

Episode 93-The New Hidden Backdoor Gun Ban

Episode 93-The New Hidden Backdoor Gun Ban Also Available OnPodcast TranscriptGun Lawyer Episode 93 SUMMARY KEYWORDS firearm, gun, killing, weapon, new jersey, people, state, covered, law, judge, semi, prosecuted, lawyer, carry permit, business, exemption, hearing, mass shooters, circumstances, evan SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:21 I’m Evan Nappen, and welcome to Gun Lawyer. Today I want to explore expose to you, what is really just absolutely a backdoor sinister Democrat plot to take away our gun rights and particularly attack semi-automatic firearms. It is being sold in one package and what it actually does is pretty outrageous. I’m going to make sure you understand what’s going on because I haven’t seen anybody actually explain or pick up on the bona fide danger that I’m talking about. So, what we have is a bill that’s been proposed that, and they always make it sound so wonderful. It’s called the Mass Shooter Prosecution Act of 2022. Well, gee, who wouldn’t want to prosecute mass shooters? Right. It’s proposed by Representative Moulton, a Democrat from Massachusetts, and Representative Veronica Escobar, a Democrat from Texas. Evan Nappen 01:44 This Mass Shooter Prosecution Act, on its face, claims that they want to bring terrorism charges against shooters, who use what the anti-gunners refer to as assault weapons, which is their made-up term for modern sporting rifles, and what is generally referred to as semi-automatic firearms. What they’re doing is they’re laying out the groundwork here to go after what they’re referring to as the material support networks. We are going to get into this bill and what it says. Whoever helps these attackers to carry out these vicious assaults. I highly recommend checking out AmmoLand (sic) Breitbart News Network where I saw this initial article. https://www.breitbart.com/politics/2022/08/02/house-democrats-push-terrorism-charges-mass-shooters-using-ar-15s/ It is an excellent article on this, and it’s written by a great gun writer AWR Hawkins, and the article is House Democrats Push Terrorism Charges for Mass Shooters Using AR15s. Yes, that is what it does, but it actually does incredibly more, so much so that it really is designed to take out the industry and the manufacturers. I’m going to show you how they do it. Evan Nappen 03:32 Here’s this bill that’s being sold as this terrorism for stopping and preventing and prosecuting mass shooters. If you go to the bill, you can find it online – https://moulton.house.gov/imo/media/doc/mass_shooter_prosecution_act_2022.pdf, the bill is known as the Mass Shooters Prosecution Act of 2022. And what it says specifically, is they are adding to the definition in the list of federal laws under the heading of what is terrorism. They’re adding this new law that says mass killings, using machine guns or covered semi-automatic weapons. What the law says is “(a) Whoever kills three or more people in a single incident using a machinegun or a covered Page – 2 – of 7 semiautomatic weapon in a circumstance described in subsection (b), shall be imprisoned for any term of years or for life.” Evan Nappen 04:58 So, this law makes it a terrorism crime to kill three or more people in a single incident, and the covered semiautomatic weapons, we’re going to deal with as to what they are covering. But keep in mind, what I just read you is the offense. There’s nothing in this offense that says anything about whether one is justified or not, in killing three or more people with a semiautomatic covered weapon. In other words, Kyle Rittenhouse, who killed two people and seriously injured a third person, first of all, if the third person had been killed then plainly, he could be prosecuted as committing an act of terror here because it doesn’t matter about whether there’s justification for the killing. Even if the third party didn’t die, there may even be an attempt at terrorism, an attempt we’ll call inchoate crime, a crime where it’s not complete, but almost was, and that’s still a crime. Either way, it opens up for this issue of the killing, even though there are certain persons that need killing. In other words, the ones that are trying to kill you. The ones where you’re justified in using deadly force. None of that is addressed here. But that doesn’t even matter as to the bigger picture that we’re talking about. Evan Nappen 06:43 Because what are the circumstances that they’re referring to? Whenever somebody kills three people, maybe in this circumstances list, we’ll find something that maybe narrows this down to actual terrorist acts only and having to have that kind of intent. But no, lo and behold, when you look at the circumstances that count, (1) is if the mail or any facility of interstate foreign commerce was used in the

Aug 7, 202232 min

Episode 92-How Guns Can Help You WIN The Lottery

Episode 92- How Guns Can Help You WIN The Lottery Also Available OnPodcast TranscriptGun Lawyer Episode 92 SUMMARY KEYWORDS gun, magazine, jackpot, voted, lawyer, played, blocked, firearm, ball, trifecta, mags, democrats, bet, republicans, technique, numbers, hit, evan, passed, lottery SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Well, I have some exciting news that I want to share. And that is I won the Mega Millions lottery on July 26. That is absolutely true. I was able to pick four out of the five balls and the jackpot ball, and I won $66,000. Now, of course, I’m very happy about that. But the reason I’m talking about it on Gun Lawyer, other than I love bragging about it, is because I won it by picking Smith and Wesson revolver models. That’s right. I played my favorite Smith and Wesson model revolver numbers, and they paid off. Now, what’s interesting here and what I want to share with you, is a technique that I used to win. I’m going to explain to you what I did, so you can do it too. It enhances not only in one regard your odds of winning, although arguably you could say that would happen no matter what over this method. But I think it’s important to understand how that works. Most importantly, it increases the ability to hit the big payoff jackpots. Without a doubt. It makes payoffs, and it is a very cool technique. It’s a technique known as wheeled betting, wheeled. When I brought my tickets in to cash them, some person who had been at the lottery headquarters for many years, immediately recognized and said, oh, you did a wheeled bet. And I said, yep. She goes, boy, we haven’t seen one of those in a while. That’s great. Evan Nappen 02:27 Let me explain how wheeled betting works. It’s really interesting. If you enjoy occasionally playing the Powerball and the Mega Millions and these other lottery games, especially when the jackpots are sky high. Now, of course, this Gun Lawyer episode, we will have known the results of the $1.28 billion jackpot. That hasn’t been drawn yet. But the last jackpot was the July 26, and that’s the one that I hit on using this technique. So, let me explain. The wheeled betting technique is something that has been used a lot, particularly at the track where individuals that like to bet the trifecta have been known to use this. As some of you may be aware, the trifecta is where you bet the three winners essentially of three horse races. You get the correct on the first race, you get a correct on the second race, and you nail it on the third race. If you do that and get all three races right, the payoff is much more substantial than if you had just made individual bets on individual races with all things being equal. I mean, you can always raise bets and everything, but this is the technique. Evan Nappen 04:01 So, to understand it first from the Trifecta play is where I thought about this, and the wheeled bet technique. I applied it to the Mega Millions and to others of these games. Let’s say there are three Page – 2 – of 7 horse races, each with seven horses running and your trifecta that you’re betting on the first race. You’re betting horse number one to win. This is just to keep it easy. On the second race, you’re betting on horse number two to win. Now what you do is you buy your Trifecta ticket, and you bet horse number one for the first race, horse number two for the second race, and then horse number one for the third race. You then buy another ticket, and, on that ticket, you bet horse one for the first race, horse two for the second race, and horse two for the third race. On the next ticket, you bet horse one, second racehorse 2, and third face horse three. And what you do is you buy all seven horses as the winner of the third race. So, you’re buying seven Trifecta tickets, but each ticket has the third winner, a different horse. And what that means is that if you’re right in picking horse one and horse two, then you’re guaranteed the Trifecta, because you’ve played all seven. What’s cool about this technique is when you apply it to the lottery and to these Mega Ball and Powerball type deals, which is what I did, you can see what happens to the odds. Evan Nappen 06:02 Let’s take a look at the Mega Millions. The Mega Millions play board on the betting slip is 70 numbers in the first panel, and you have to pick five numbers out of 70 that you like. Then in the second panel on the on this single bet, you pick the jackpot bowl or the Mega Ball, and that is one to 25. So, what you do here is pick your five favorite numbers. In my case it was Smith and Wesson revolver model numbers in which I played Model 27 and 29. Of course, 27 being the premier 357 Magnum of the day that evolved from the ultimate Magnum known as the registered Magnum. I played the 29 which is the classi

Jul 31, 202232 min

Episode 91-NJ updates & Stupid Kid Tricks

Episode 91-NJ updates & Stupid Kid Tricks Also Available OnPodcast TranscriptGun Lawyer Episode 91 Page – 1 – of 8 Gun Lawyer — Episode 91 Transcript SUMMARY KEYWORDS firearm, rabbit, squirrels, gun, democrats, big, gun laws, lawyer, law, carry, cannon, evan, benjamin, rights, kinds, restricted, kid, called, ban, woods SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. We’re being hit with all kinds of gun laws that are attempted to be passed. It’s kind of surprising on one hand, because here we have this great Supreme Court decision that really lays out the scope and power in the force that is the Second Amendment and the right to keep and bear arms. The response from essentially the Democrats, of course, is, who cares? Let’s push harder to pass more anti-gun laws that are absolutely unconstitutional, but let’s get them passed. That attitude is just a child having a temper tantrum. That’s what they’re doing. Evan Nappen 01:21 So, we start with New York where the Governor jams through all these other restrictions on carry. And it’s funny because lo and behold, lawsuits have begun. They just went to federal court, and the State says we need an extension, so we can reply over why our laws are so good and righteous that we passed. And the judge said, sorry, no extension, and it’s like, wow, not going to do it. You have to stay within the timeframe because this judge is going to decide it, before the law takes effect. And I’m pretty impressed because, obviously, that Judge got the message. He got the message from the Supreme Court. You know, he read the memo. And it’s not going to be tolerated like it used to be. The courts know it, and they don’t really want to be that judge that gets overturned. Evan Nappen 02:29 One of the things judges have going for them is their egos, and they don’t like being overturned. They don’t want to be told they’re wrong. They don’t want that. When it’s blatant and plain as day, they’re not going to be that one out there. Just being foolishly stubborn and set in the old ways. No, this is a new day. It’s a new day and a new dawn. And it’s going to be a wakeup call to the anti-gunners. But for the moment, they’re just going to continue in their ways of being angry little children, and the lawsuits are piling up. I just saw that California is not enforcing their magazine ban. A directive went out, at least in a major city, no more enforcement of it because they know on the GVR (Grant, Vacate, Remand) of their magazine ban and it’s not going to cut it. It’s going to be unconstitutional. Evan Nappen 03:34 For that matter, so is Jersey’s. Jersey is still enforcing their mag ban law. But they’re on their deathbed with these gun laws. Remember, the assault weapon ban of Maryland is on the chopping block. It was sent back into GVR (Grant, Vacate, Remand) as well. Yet here we have the very issue, the assault Page – 2 – of 8 weapon, so-called, contrived, made up nonsense, distinguishing upon a firearm that is untrue. Even the style guide for the writers now says you can’t call them assault weapons. You have to call them semi-automatic rifles. Even the propaganda-driven media is being forced into calling them what they are, and its simply semi-automatic rifles. The GBR (Grant, Vacate, Remand) challenge is on the ban, of course, the pejorative use of the term assault weapon, and it’s not going to be upheld. Down as dominos. We’ll see, I’m confident, Jersey’s law goes down and all the other places that have it. Evan Nappen 05:02 Yet, that doesn’t stop the Democrats in the Congress of the United States federal Government from pushing, and what will probably be passage of, a federal assault weapon ban. That’s right. The House is pushing an assault weapon ban. This is after the last one that was passed in 1994, and it went 10 years. Then it was automatically sunset in 2004. Part of that law was to study its effect. Now this is the Government’s own study that said it didn’t have any effect on crime. It had no effect. It was ineffective. But why should that stop Democrats from passing a gun law? Of course, it won’t. Just because the Supreme Court has basically said the assault firearm bans are unconstitutional. But why should that stop the Democrats from passing an assault weapon ban? None of this. It doesn’t matter. Evan Nappen 06:18 What does this tell you? This tells you that it’s not about stopping crime. It’s not about any claim of making us safer. That’s all B.S. It’s about an agenda, folks. It’s about an agenda that they have to promote, regardless of any of the facts that counter their lies, and it’s an agenda of civilian disarmament. It’s an agenda of disenfranc

Jul 24, 202236 min

Episode 90- Stupid Kid Tricks Part 1

Episode 90- Stupid Kid Tricks Part 1 Also Available OnPodcast TranscriptGun Lawyer Episode 90 Gun Lawyer — Episode 90 Transcript SUMMARY KEYWORDS firearm, exemptions, new jersey, gun, kids, transport, lawyer, gun laws, problem, unloaded, permit, dealer, boat, evan, shotgun, wire, fuel, curtain rod, second amendment rights, put SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. So, we’ve been doing some really heavy shows lately. There’s so much news and excitement from the impact of the Bruen case, and then the new gun laws were passed. We’ve been talking all about these things, and it’s important. It’s great to get the word out. I have some really important letters that people have written to me, and we’re going to get to that later on. But what I want to do right now, as we’re dealing with all this stuff, I want to have some fun. I like to have fun, and I’m sure you do, too. Evan Nappen 01:00 I was thinking about some fun stuff, because I was talking with some folks. I was talking about what I call stupid kid stuff. Stuff that we did as kids, that was really stupid. And luckily, as kids, we were able to do it. Hopefully, we all survived without getting maimed. I have some stories I’m going to share with you about stupid kid stuff that I did. If it inspires you about any of your stupid kid stuff, send me letters. Go right to Gun Lawyer website at www.gun.lawyer, and let me know your stupid kid adventures. I’d love to read them to folks, because it’s really entertaining. Looking back at it and saying, boy, the kids today, they’re so sheltered, they could never even do the things we did. As a matter of fact, if any of my kids tried to do the things that I did, I would be really upset with them. Evan Nappen 02:04 In my generation, the stupid kid stuff that we did involved firearms, weapons and the recreational use of explosives. That’s always what inspired kids in my generation. I remember my pals, we all had air rifles and such, and we would go in the woods and basically shoot anything that moved. And it was very, very entertaining, and it was a great time. It’s really a lot of fun. You learned to shoot really well, and it was exciting. But then I’m looking back and thinking at one time, we had a single barrel shotgun. It was an old break open, single barrel shotgun. The problem is they have a floating firing pin where the hammers on it, and unless you cocked the hammer back to the half-cocked notch, that hammer was on the pin. I remember we were so stupid as kids. We used to put a shell in, and then we’d throw the shotgun. Throw it so that the barrel would land and hit the ground and make the gun fire. When the gun fired, the shotgun would blast backwards, like a rocket. Then the fun game we had as kids was trying to grab the shotgun as it fired backwards. We were throwing it with live shells that would go off. I’m Page – 2 – of 8 looking back thinking we were idiots. We were absolutely idiots doing stuff like that. But hey, when you’re a kid, you don’t think about that. You’re indestructible. You know it. So, you do stupid stuff. Evan Nappen 03:51 One of the other things I remember as a kid that we used to do, and luckily, the statute of limitation is long gone on all this stuff. We used to make pipe bombs for fun. We used to take PVC and it was so easy when you fill it with match heads. We used to light these things off, and it was great. It was hilarity. We thought it was the best thing ever. It wouldn’t hurt anybody with it. Except one time. Well, we found something out. We figured out a weird thing. If you took an extension cord, one of the cheapos, and cut the ends off. You can split it into two wires. You can split the old extension cord. We found that if you took picture wire and you unwounded it, you had that real thin steel piece of wire. If you wrapped it around each end of the extension cord and then at the other end we hooked the extension cord to our Lionel train transformer, we cranked that baby up, and the wire would turn bright orange. It would heat a bright frickin orange. Evan Nappen 05:09 So, we got this great idea. We took our pipe bomb deals that we were making, and we wrapped a fuse around this thing. We had the wire going all the way back, and we made this little hole and put like a cardboard. We put the pipe on, and we had the wire. On top of the hole, we covered a little bit of dirt and stuff and then we put like peanuts where the squirrels would be. All the kids we hid behind the little fence, and we had the transformer all ready, waiting for the squirrel. We’re all quiet. Finally, a squirrel comes walking up. Oh, look peanuts. So, he’s eating the nut and sitting there, and we go zzzzzzttttt and turn on the transformer and we’re waiting. Well, little fizzles of smoke starte

Jul 17, 202233 min

Episode 89- Murphy’s 7 Deadly Sins- Explained

Episode 89-Murphy’s 7 Deadly Sins- Explained Also Available OnPodcast TranscriptGun Lawyer Episode 89 SUMMARY KEYWORDS firearm, register, gun, new jersey, bill, serial numbers, requiring, gun laws, stamping, crime, guns, criminals, bmg, dealer, state, lawful, law, inoperable, folks, bushmaster SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. Well, today, folks, I am going to tell you all about Murphy’s seven deadly sins. That’s Governor Murphy and his most recent package of seven useless, ridiculous, stupid gun laws. Gun laws that turn more law-abiding citizens into criminals and do nothing. Zero, zilch, nada, about crime. It has nothing to do with crime. It has no effect on crime and criminals. It is just his anti-gun bigotry, his hatred of you and me, his absolute zealot devotion to an agenda of destroying the Second Amendment. Evan Nappen 01:14 Of course, he’s got a big surprise coming, because simultaneously with him signing the seven ridiculous legislative acts. Of course, he’s not alone. The legislature passes these things and gives them to him to sign. So, they’re just as much to blame. But on that flip side, as you well know, we had that great, wonderful decision by Justice Thomas. That is the hammer that will eventually destroy all these gun laws, and more, substantially more. But till that happens, you’ve got to know what they say, and you got to know what these bills do. You’ve got to protect yourself because I don’t want to see any one of my listeners, actually, I don’t see anyone, become a victim of New Jersey’s notorious anti-gun laws. But that’s what happens. Every day, I get another case, more than one every day, of individuals that are turned into criminals, have their lives turned upside down over these horrible gun laws. Of which the lamestream media never gives any attention to these good people that have their lives facing ruin by New Jersey. It’s no exaggeration. I see it every day. So, I don’t want you to become a victim. Evan Nappen 02:39 One of the reasons you listen to Gun Lawyer is to protect yourself, and I’m going to do that today. I’m going to give you the outline and explain these bills to help you navigate through the newest onslaught. So, let’s jump right into it, folks. Let’s start with the so-called 50 caliber ban. Yes, New Jersey has banned 50 caliber firearms and they’ve set out an interesting matrix and grid in the way they are doing it. They’ve made possession of a 50 cal firearm a third-degree crime, which means you’re looking at up to five years in state prison for your possession of one. Evan Nappen 03:25 Page – 2 – of 9 Now there are provisions in the bill to work around this ban for current lawful possessors. It mirrors in effect the 1990 assault firearm bill and what it did, in which it established certain procedures. I want to review with you so that if you are a current possessor of a 50 cal, I will lay out for you what you can do to remain legal. This is very important because I don’t think any of you want to face five years in state prison for a firearm that you lawfully purchased legally and possessed with no problem, but New Jersey has decided to turn you into a felony level criminal over that behavior. So, before we get into the definitional aspect, I want to tell you that New Jersey has confined this bill to essentially what we know as 50 BMG. Now there have been prior attempts at banning 50 cal that were so broad and over breath, they brought in everything – antiques, muzzleloaders and all kinds of stuff. Well, this bill does isolate the definition down to essentially the 50 BMG centerfire cartridge firing firearm. So, again, it’s no reason to cheer, but it does show that our efforts over the years have paid off, because the bill is limited to 50 BMG. Evan Nappen 05:16 But that’s still a problem. It’s still stupid. It’s still something that turns law-abiding citizens into criminals. And, you know, I missed the rash of Seven Elevens being held up with 50 BMGs. Have you seen that lately? Or, you know, any of these street crimes or anything happening. As a matter of fact, when have these even being used wrongly? They’re not. It’s a solution looking for a problem. So, they create the problem, and the problem is turning you and me into criminals. That’s what they do, and this is how they sell it. Oh, look at what a great job Murphy is doing. Patting himself on the back every day over his gun control efforts. Evan Nappen 06:07 So, it’s limited to 50 BMG, but what firearms are actually covered by 50 BMG? Because you may just think the Barrett 50. That’s it. The Barrett 50. No, it’s way more than that. Here’s just a partial list I’ve gleaned together of various 50 cal firearms that fire the 50

Jul 10, 202242 min

Episode 88- The Bruen Verdict–The Fallout Begins

Episode 88-The Bruen Verdict–The Fallout Begins Also Available OnPodcast TranscriptGun Lawyer Episode 88 SUMMARY KEYWORDS new jersey, second amendment, rights, firearm, gun, handgun, state, george washington, law, government, thomas, court, lawyer, certified, ptc, carry, evan, heller, test, gun laws SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hello, I’m Evan Nappen and welcome to Gun Lawyer. Well, we sure are living in exciting times. The excitement has not died down one bit since the absolutely extraordinary decision that was rendered by the United States Supreme Court in one of the finest opinions ever authored by Justice Thomas. As many of you are aware from my last show, this, of course, has opened up the ability for New Jerseyans to finally get carry permits. So that New Jerseyans, no longer will be victims, but can in fact, be defenders. And that is, of course, extremely exciting, and something we’ve all dreamed about for years and finally being made a reality. But this case, this New York State Rifle & Pistol (Association) v. Bruen case is so much more. And the more part of it is what you don’t hear a lot about, and I want to fill you in on the more part. Then later in the show, I’m going to give you updates on where we’re going with the carry licensing and some of the issues that have arisen as the dust settles and the bureaucracy starts to take place about how we go about actually getting this permit. Evan Nappen 01:56 Let me just say, this decision is, without a doubt, the most significant event in the history of the right to keep and bear arms since 1791, when the Second Amendment was ratified to the U.S. Constitution. I am not exaggerating when I say that because this decision finally gives us a standard of review that allows for the challenge of every gun law. Look, it was super important, and it was landmark when the late great Justice Scalia authored the opinion in the Heller decision, establishing the right to keep and bear arms, a Second Amendment, as an individual right. Something we all knew in our hearts. But finally, we got the Court to say it and to acknowledge it. Of course, equally important, a couple years later, is the McDonald case where Justice Alito, in a fine decision, makes it clear that the Second Amendment is incorporated to the states by the 14th amendment. Evan Nappen 03:34 So, you may say, well, what is that? Why did that have to happen? Well, you see, our Bill of Rights is a Federal Bill of Rights. The original intent of the Bill of Rights, prior to the 14th Amendment was that it was a restriction on the Federal government, not on state governments. It wasn’t rights guaranteed by the states. It was rights guaranteed by this new federal government that was going to be more centralized, and it was replacing the old Articles of Confederation. At the time, the founders were very, very concerned about having a Constitution and a government where you had this centralized power. I Page – 2 – of 8 mean, think about it. We just fought a king. We just won a revolution. We didn’t want to replace the old king with the new king. We fought for our freedom and our liberty and wanted to maintain that. Evan Nappen 04:44 Really, the only reason that (Alexander) Hamilton was successful at the Constitutional Convention is because everybody knew that the President was going to be George Washington. There was no man more respected throughout America than George Washington. Nobody questioned George Washington because he not only won the revolution as the General but also, he was known as a great (Lucius Quinctius) Cincinnatus, essentially. Because after the war and winning the revolution, he could have become the king of America. He was a military winner. If you won militarily in those days, you became the power, you became it. The win empowered you. And what did George Washington do? After he was the guy credited with winning the American Revolution? What did he do? He went back home to his farm. That’s what he did. He didn’t take power. He didn’t seize power. No, he served his country and made his country an independent country and went back to his farm. It was unheard of, folks. How could a military great like George Washington, who sacrificed and risked it all, walk away from power? That’s the great (Lucius Quinctius) Cincinnatus. That’s what it means, and it’s what he did. Evan Nappen 06:23 After the revolution, remember, we had the Articles of Confederation and things just weren’t working out well. Because the states had their powers, and the states weren’t getting along. They began to see this need for a national government that’s much stronger. And that’s why the Constitutional Convention was put together. George Washington was known that he would be the guy leading the country, and people could live with that. We now have what we have to this day because of

Jul 3, 202238 min

Episode 87-How to get your NJ Carry License

Episode 87-How to get your NJ Carry License Also Available OnPodcast TranscriptGun Lawyer Episode 87 SUMMARY KEYWORDS United States Supreme Court, New York State Rifle & Pistol Association (NYSRPA) v. Bruen, carry, handgun, new jersey, second amendment, permit, justifiable, firearms, gun, state, lawyer, justice, approved, apply, judge, lay, requirement, law, license, ptc, gun laws SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. This is going to be one exciting show, let me tell you. I am just thrilled beyond belief with the United States Supreme Court decision on carry licensing, the New York State Rifle & Pistol Association (NYSRPA) v. Bruen. (https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf ) It is an absolute masterpiece of an opinion written by the finest judge on that court, Judge Thomas. Justice Thomas just did an amazing job. Let me tell you. This opinion is better, better, than we ever anticipated it could be. Beyond our wildest expectations. I have been working in this area for 40 years. Since I wrote my first book on getting a concealed carry license. This has been just a dream. Evan Nappen 01:21 This show, I am going to tell you how to get your New Jersey Carry License, and I’m going to explain the impact of this magnificent landmark decision. I am so happy to be able to do a show where I’m going to tell you how to get a carry license that used to be impossible in New Jersey. With the exception of less than 600 elites that could get licenses for a whole state of 10 million people. Not anymore, my friends, not anymore. The average law-abiding honest citizen, as long as objective criteria is met, will be able to get a license to carry, and New Jerseyans can convert themselves from being victims into defenders. Finally, finally, we can start saving lives in New Jersey and making our state safer. Beginning with each individual who can now have the ability to arm themselves with the most effective means of self-defense, a gun, and defend themselves against violent crime. This has not been available to the honest citizen in New Jersey. For years, decades, decades and decades, New Jerseyans have been denied the right to defend themselves, but not anymore. It’s extremely exciting. Like I said, I’m going to lay out the specifics of how to get your carry. Evan Nappen 03:21 But I want to talk more about how we got to this point, what it means, how significant it is. This case is actually bigger and broader and more impactful than just getting carry licensing. Justice Thomas laid out how the Second Amendment is to be applied, and he rejected the balancing test. He rejected the intermediate scrutiny. He essentially put the Second Amendment on the same plane as all the other primary Constitutional fundamental rights like freedom of speech, etc. And he’s put the burden, the burden of proof for any law to be upheld as Constitutional when dealing with guns, the burden on the Page – 2 – of 8 state, on the Government, on the Government, to have to prove not just a compelling state interest, that’s not even the test when it comes to guns. Evan Nappen 04:27 The Government has to prove, based on traditions, that this area they tend to regulate is something that was done at the time of the enactment of the Second Amendment. In other words, they better show that in 1791, this type of law, whatever it is that they are trying to pass, existed and that burden to prove it is on the Government not on the individual. It is opening the door for immense challenges to every gun law on the books. But right now, without even any argument, without any challenge, without any question, that horrible, terrible, requirement of an individual having to explain to the Government and to a judge why they need to have a gun and to meet that extraordinarily ridiculous standard that no one could meet of justifiable need. Basically, you had to show that you needed to use deadly force, before you needed to use deadly force for you as an individual facing individual threats and that carrying a handgun is necessary to avert those threats. That is no longer the case. They cannot demand that of us. Evan Nappen 05:56 In other words, Justice Thomas said, the Second Amendment is no longer going to be a second-class right. No other right do you have to convince the Government before you exercise it. Yet, that’s what they did to gun owners. Well not anymore, my friends, not anymore. That is dead and gone. And this new day, this new dawn, this wonderful time, is finally upon us. Essentially, the New Jersey Government has capitulated. The Attorney General directive and even the governor’s statement, oh, sure, it’s full of all kinds of we’re going to do this, we’re going to do that. But you know what? Don’t let them gaslight you, folks. The bottom line is they know, and they’ve admitted that jus

Jun 26, 202236 min

Episode 86-What if we lose?

Episode 86-What if we lose? Also Available OnPodcast TranscriptGun Lawyer Episode 86 SUMMARY KEYWORDS judges, court, rights, guarantee, law, gun, government, lawyer, threats, preamble, unconstitutional, constitution, declaratory, bill, evan, second amendment, protect, firearm, case, states SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, we’re very excited, as I’m sure you are as well, we’re about 10 days, a maximum of 10 days, away from the Supreme Court ruling in the New York State Rifle & Pistol v. Bruen case. This is a case that I’ve waited basically 40 years to finally have the court decide on the constitutionality of these restrictive carry permits, such as New York, New Jersey, etc. And even more now, the expansion of the Second Amendment to what we all know, applies to outside the home. This false phony distinction that the antis have made. So, it’s very exciting. Evan Nappen 01:14 But you know, I was thinking about this, and I’ve seen all kinds of commentary. I’ve seen all kinds of speculation, which is all fun. Which way it could in terms of, depending on what the opinion says, impact, and I’ve had media contact me, newspapers, asking what’s the impact of this case? I’ve seen all kinds of that, and it’s very interesting and very exciting. We won’t know until we get the opinion, all that’s true. But here’s something that I was thinking about, and I don’t think anybody else has even talked about this. And that is, what if the decision doesn’t go our way? Now, I want to say that I am very confident that it will go our way. I honestly believe in my gut that this is going to be a success. This case is going to be a win. It’s hard to imagine the court, as it’s made up now, not going our way. But it’s not outside the realm of possibilities. Evan Nappen 02:24 And what has me concerned is what’s been going on now that we’ve really never seen the likes of before. I’m talking about threats, actual threats, to kill the justices. The fellow they caught, who literally went to Kavanaugh’s, Justice Kavanaugh’s, house to murder him and/or his family. The protesters who are protesting at the judge’s homes in absolute violation of the federal law. Yet the Attorney General of the United States is not enforcing that law, specifically on point saying that protesting at judge’s homes is not allowed. Do you see enforcement? No, not at all. Then you see politicians like Schumer egging these people on, to be inspired to action, that would be violations of the law and endanger the justices. He is encouraging these things, by way of his speeches that he gives, and you see them delaying the bill to protect judges and provide security. They finally got that passed but look at all the delay. They’re not eager to protect these judges. They’re stirring the pot and getting people worked up, including the crazies on the left, particularly to become violent. Page – 2 – of 7 Evan Nappen 04:24 There are Talking Heads talking about how the Court’s decisions are going to cause civil war and basically gearing up the folks for violence, for violence, that the left always loves. Violence that they tolerate and cheer because they’re the ones that do. Not the right. It’s the left that does it. Then they find anything on the right they could possibly make an accusation about and then just point at that when they themselves are unbelievably being a participant in this violence and threats. Then you see the political threats as well to pack the Court, to change the entire makeup and demeanor of the Supreme Court. Packing – where they would raise the number of judges, arguably, from nine to 16 judges. So that the senile mannequin, the blamer-in-chief, would then be able to appoint these new justices to completely turn the Court around. So, we have all these threats out there, designed to intimidate, and get these justices scared to do their job, honestly, openly, properly and without fear or favor. And it’s the opposite. Evan Nappen 06:06 Let’s look at the makeup of the court. If we look at the makeup, we have three judges that are essentially, we’ll just call them left or anti-gun. You don’t expect them to vote in favor of Second Amendment rights, even though it’s so obvious that it should be something that they would fight to protect and preserve the Constitution. But you know, politics and what have you, this is their side of it. All right. So, we know that we have three. Then we have Judge Roberts, even though appointed by a Republican, he’s squishy. He’s just squishy, unreliable. This is why it wasn’t until President Trump was able to get three solid conservative judges on the Court, that we were able to get a solid five-judge majo

Jun 19, 202231 min

Episode 85-The No Holds Barred Call for the Repeal of the Second Amendment is Just Beginning

Episode 85- The No Holds Barred Call for the Repeal of the Second Amendment is Just Beginning Also Available OnPodcast TranscriptGun Lawyer Episode 85 SUMMARY KEYWORDS gun, second amendment, firearm, government, anti, rights, lawyer, fight, guns, red flag, law, gun laws, article, guarantee, folks, evan, gun rights, michael moore, jama, america SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. So, unless you’ve been living under a rock, you’ve been experiencing an onslaught of anti-gun propaganda, left and right. The Democrats are in a panic over the state of affairs in the U.S. I mean, record inflation for 40 years. We’re talking 1981 inflation levels and going higher. Gas and food shortages, and everything’s just a mess. So, when that happens, it’s time to call out for gun control, and they had an atrocity they can hang their hat on. They said, man, this is like manna from heaven. We’re going to do our blood dance and try to divert the American people’s attention from just how lousy a job the current president has done. So, here we go. Gun control, gun control. That’s where they try to hide behind. So, they’re doing it. The problem we have is that it is all running on emotion. Who doesn’t feel bad when kids are killed like that? It’s horrible. It’s an atrocity. Of course, we’re upset. But the DO SOMETHING crowd, you know, do something. Do something crowd. So, what are they doing? Oh, well, we’ll take away the law-abiding citizens’ rights. That’ll help. Yeah, well, it never does. And unfortunately, this is what we’re dealing with. Evan Nappen 01:53 Recently, I saw the classic anti-gun person known as Michael Moore. Michael Moore in Columbine and all that stuff. He’s always been an anti-gun, Second Amendment hater, even though he’s purported not to be. Oh, no, I’m not against your having your rifle. That’s what all the anti-gunners do. They always sell that line. And it’s just incremental, taking of guns and nonsense. Anyway, the good news is that the mask has come off. Michael Moore now is officially calling for the Second Amendment to be repealed and for essentially all the guns in America to be confiscated. Because as he says, “you don’t need a gun.” It’s that simple. Repeal the Second Amendment because you don’t need a gun. Now, that’s their message. Normally, we might say, Michael Moore, he’s just an anti-gun jerk. Of course, that’s what they’re going to say, and this is what they’re going to do. It’s going to keep on saying the same game. Evan Nappen 03:12 But I think it’s a little different this time, and I’ll tell you why it’s different. It’s different because of the timing. The timing I’m talking about is the timing in which the Supreme Court is going to rule on the most important gun case in basically 10 years. And that is the New York State Rifle & Pistol (Association, Inc.) versus Bruen case. The Court opinion is probably going to come out on Monday, June 27, which is very, very close to now. And the worst case, it’ll come out June 30. But normally, it’s the last Monday of the month at the end of the court session and that would make it Monday the 27th. Page – 2 – of 7 On that day, we can’t wait, can’t wait, to see that court decision. I am sure it will be with other controversial court decisions, such as on the abortion issue and other issues. But the issue I care about the most is guns. We’re going to get that opinion, and I am very cautiously optimistic that the opinion is going to give an amazing power boost to the Second Amendment, its meaning, its importance and its ability to take down anti-gun laws throughout the land and not just on carry. Evan Nappen 04:39 I think there’s going to be a major, major impact, and the anti-gun people are scared about it. They know that their time is ticking away, and because of that, I believe that the modern movement of the anti-gunners, particularly after this decision comes out, will be a solid, united front of a push to repeal the Second Amendment. Because that’s what they’re going to be left with when you have a Court decision that’s super pro-gun, pro-Second Amendment, and takes the Second Amendment and gives it teeth, gives its power, and gives it juice to take out anti-gun laws. At a minimum, make it so shall issue carry can happen and get rid of the arbitrary criteria that denies so many people in so many states, like New York and New Jersey, their right to defend themselves, to carry a firearm, and to be of a defender instead of a victim. Well, we’re going to see that happen and that bothers the anti-Second Amendment folks, the anti- gun rights folks, and they’re not going to legislatively be a

Jun 12, 202230 min

Episode 84-Anti-Gun Activist Backfires- New Hampshire Gun Show Sets Record

Episode 84-Anti-Gun Activist Backfires- New Hampshire Gun Show Sets Record Also Available OnPodcast TranscriptGun Lawyer Episode 84 SUMMARY KEYWORDS gun, firearm, filibuster, signs, bill, states, mandate, lawyer, gun rights, carry, handguns, part, federal, push, guns, murderers, untraceable, locked, home, backfire SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. I’m going to tell you a little bit of a feel-good story. I know that’s hard to find when we’re dealing with gun rights, but it’s true. It really is just so ironically delicious that I’m sure my listeners will enjoy it. Let me tell you, this is really funny, in my opinion. So, there was a gun show last weekend at Concord, New Hampshire. It was held at the Everett Arena, which is the Ice Arena, which is owned by the city, by the way. The New Hampshire Arms Collector Club rented the ice rink to have a gun show. And look, there hasn’t been a gun show at the ice rink for a couple of years now because of the scamdemic. So, the club did a lot of work to make it happen, and it’s all volunteers. This is just a thing for folks to have a good day, go into a gun show, find some treasures, etc. It was a 200 table show. So, it’s a nice size, and it’s a nice little local show. Good thing to do. Evan Nappen 01:47 So, on Thursday, the Club put out these yellow signs that announced the gun show. They’re like lawn signs. Sometimes you see them for politicians when they run for election. But these were gun show signs. It announced the show at the arena, and it’d be a one day show on Saturday. These were put out on Thursday. Well, late Thursday, it so happened that my wife was driving and saw one of the signs nearby, and somebody had spray painted across the sign “murderers” across the sign in red paint. Murderers. Ruining the sign and vandalizing it with the word murderers across for the gun show. Evan Nappen 02:43 Now, of course, this is some emotionally unbalanced idiot who is letting the constant bombardment from the media over the atrocity that occurred in Texas. Cloud him to the degree where he has the giant non sequitur of somehow a gun show means murderers to kids. Which is this incredible leap of logic and stupidity that the media helps foster. So, this sign says murderers and lo and behold, a number of other signs were hit with this as well. Vandalized. These signs weren’t cheap for a little gun club, a collector’s club. This guy spray painted them all in this manner. Evan Nappen 03:39 Well, of course, they reported it to the police, and the local news station, which was WMUR. They picked up on the vandalism of the gun show signs. They’re not completely anti-gun or pro-gun, but they’re typical, but hey, this was a story. So, they covered this vandalism of the gun show signs, and in Page – 2 – of 8 so doing, publicized the fact that Saturday was the gun show. And this is what they did to the signs. They repeated this news story all day Friday. Showing the picture of murderers on the signs, showing the date and time of the show, and talking to people about it. All this stuff for the whole day. It was literally 1000s upon 1000s of dollars in free television advertising. Blitzing the local station for the day right before the show. Evan Nappen 04:50 Oh, my god. The show was the most record attended 200 table gun show, I think, in the history of New England. There were over 2,000 attendees through the door, and the club ended up profiting. We’re talking profiting probably around $20,000 in profit at the gate. It was incredible. It was absolutely the greatest marketing ploy ever. Only we didn’t do it on purpose. In fact, we had nothing to do with it at all. But looking back, I’m like, damn, why didn’t we think of that? I mean, it was incredible. So, of course, on social media, somebody posted, it caught the guy, picture of the guy, no one knows who he is. But there’s a picture of him doing it. The police are investigating, and they may, in fact, catch this guy. Evan Nappen 05:59 I guess the question for the club, when they catch the guy is should the club criminally prosecute him? Or should the club treat him to dinner? I think treating him to dinner might be a better idea. Because it was just insane how what a homerun success this woketard made the show. And so, it’s feel-good story, I think. Frequently we see the movements and the efforts by the anti-gunners backfire and blow up in their face. It is one of the advantages we have on our side because they are such morons. They just let their emotions control them. They do the dumbest stuff, and it just backfires. So, I always have to laugh. Evan Nappen 06:57 I’ll tell you one thing, whoever this guy is, I hope to hell he knows how much he helped make that show the biggest, most successful 200 table gun show i

Jun 5, 202233 min

Episode 83- Stop The Insanity

Episode 83- Stop The Insanity Also Available OnPodcast TranscriptGun Lawyer Episode 83 SUMMARY KEYWORDS gun laws, gun, firearm, new jersey, gun owners, guns, lawyer, law, rights, wrongdoers, atrocity, commits, bill, evan, lives, gun rights, reasons, range, carry, exemption SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. I’m sure you’ve been following the news because it’s impossible to get away from it. It seems to be nonstop on the coverage of the atrocity in Texas. I am very careful to use the word atrocity. I cannot stand when they call them tragedies. It’s not a tragedy. It’s not tragic. Tragedies, like we somehow brought it on ourselves, and it’s so tragic. No, this is an atrocity. An atrocity committed by what is apparently a mentally deranged, incredibly sick individual who committed murder. Yeah, hey, maybe we should like pass a law banning murder. That might be a good idea. Oh, wait, we have that. It didn’t stop him. It didn’t stop him in Texas, where if you commit murder, you’re facing the death penalty. And in Texas, they use it. Okay, you will be put to death in Texas. So, that didn’t discourage this nutbag from doing what he did. Evan Nappen 01:41 Oh, well, what do we hear? We hear the blood dancers. The blood dancers are out chanting and dancing in the blood of the victims as they scream for more gun laws and scream for taking away our Second Amendment rights. Because they never miss an opportunity to take advantage of a crisis or an atrocity. You can always count on it. It wasn’t even minutes after this. They’re jumping on it to take away gun rights of millions and millions of law-abiding, honest citizens because of the actions, horrible, horrible actions, no question about it, of a nutbag. Now, do you think that with 300 million guns at least in America, there’s some gun law that’s going to stop a guy like this, intent on mass murderer from carrying out his evil deed? I mean, that’s insanity. It’s absolutely ridiculous. Evan Nappen 03:09 Instead, what you see is, well, we have to do something. It’s do somethingism. We have got to do something. Okay, let’s sacrifice some rights to the gods. That’ll work, right? Hey, we don’t slaughter animals anymore to the gods. Let’s slaughter our rights. Let’s slaughter the Constitution and hope that it sends a great message. It feels so good because we’re doing something. There’s no logic to this. None whatsoever. There’s a complete and total non sequitur taking place here. You cannot equate guns to the evil actions of this person. It’s simple. It doesn’t work. It’s not about the guns. It’s not about it. All the laws, the most severe laws we can possibly pass – death penalty for murder. It didn’t discourage this one. Evan Nappen 04:22 Page – 2 – of 7 Oh, but a gun law will somehow stop him from getting a gun or finding some other method of mass murder, whether it’s a five-gallon container of gasoline and a Bic lighter. One of the biggest massacres on record occurred when someone used gasoline and fire to arson a nightclub that killed more than any firearm episode. If you are intent on doing harm and doing bad things, gun laws aren’t going to change anything. But look, there are gun laws in place. Let’s face it, this was a gun free school zone, folks, and it even had a sign. How could this happen? We had a law against it. It’s a gun free zone with a sign. How could this be? Yeah, talk about useless and ineffective. It’s just an excuse to go after you and me and take away our guns and take away our rights. It’s disgusting. They never cease in repeating the same action. Their blood dance is so predictable, pathetic. Evan Nappen 05:53 And yet, I get a letter that is just typical of where these anti-gun, anti-rights folks that are clueless about how important it is for us to keep and bear arms. Listen to this letter sent to me from John. John says, Hello. After the mass shooting yesterday in Texas, which took 19 children from this world, I know many of us were left with the question. Why? As someone who does not own a gun, and does not plan to, I was puzzled as to why any American civilian would ever need or want an assault rifle. I came across a document you wrote about 101 Reasons to Own one. Do you think those rights are worth children’s lives? Please enlighten me to your perspective. I do not understand. All human life is sacred. Do massacres like this affect your opinion on guns? Or do you think that more guns are the solution? What is more important, the lives of our children or a right given to us before we built mass-killing machines? Genuinely curious for your answers. John. Evan Nappen 07:39 Oh, boy. Well, this is the kind of mentality that we’re deal

May 29, 202230 min

Episode 82- Stop The Gun Owner Gulag

Episode 82- Stop The Gun Owner Gulag Also Available OnPodcast TranscriptGun Lawyer Episode 82 Page – 1 – of 6 Gun Lawyer — Episode 82 Transcript SUMMARY KEYWORDS bill, gun owner, firearm, gun, law, bail, defendant, offense, release, new jersey, held, pretrial services, abiding citizen, charged, risk assessment, facing, pretrial detention, graves, lawyer, presumption SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, the gun owner Gulag Bill has raised its ugly head again in New Jersey. This is the most, in my opinion, the most serious threat currently facing gun owners in New Jersey. Although there’s plenty of threats, this bill is absolutely beyond bounds here. We have talked before about the gun owner Gulag bill, but that’s when it was in the house. It had been put forward and a lot of pressure was put, and it got killed so that it didn’t come back until now in the Senate. (New Jersey SB 513) It’s back, and it’s back in the most sneaky and disgusting legislative approach. I’m going to explain it because this is their trick. They are doing this because they know that most folks wouldn’t understand this bill, and I’m sure they’re even going to attempt to fool and mislead other legislators into how this bill works. But I’m telling you, this is serious stuff. It makes gun owners the equivalent of murderers under the law and treated as such, just for simple gun possession. Evan Nappen 02:13 I’m talking simple possession, on a handgun, on a rifle, a shotgun, oh, and a dreaded assault firearm, anything that is categorized as Graves Act defense. In New Jersey, a Graves Act means there is a minimum mandatory period of parole ineligibility. Over the years, every simple gun offense has been turned into a Graves Act offense. There is a minimum mandatory time so that if you’re convicted, you face draconian minimum sentences. So, that’s always been bad enough. For example, in New Jersey, if you are charged with unlawful possession of a handgun, which can very easily happen, folks. I’m talking about a gun that is even cased, unloaded in your vehicle, and you are going to the range and get stopped. The officer says I don’t know if you are going to the range, and it’s up to you to prove it and arrests you. Then you are left to prove that you were going to the range and had your gun proper, which is actually how the law works in Jersey, by the way. You are facing 10 years in state prison with a minimum three and a half years, no chance of parole, if you get convicted of that offense. Every time you hear about anybody being arrested for possession of a handgun; they are facing a Graves Act offense. Same with possession of rifle or shotgun. It’s so easy to have a technical problem. Evan Nappen 04:02 What this new Gulag Bill does, is it takes the bail reform law and makes it so that a gun owner that gets charged is held in jail until the matter is adjudicated. Meaning until the matter either goes to trial, which can be years, or if somebody pleads guilty to it, or some motion forces a dismissal. You have not been proven guilty of anything, but it doesn’t matter. Because you will sit for days and days, weeks and Page – 2 – of 6 weeks, months and months, or years until your matter is finally adjudicated. Let’s say you do all that. You know you’re righteous. You know you’re 100% within the law, but you’re being held this whole time in jail. Then you win, because you were right, and the jury finds you not guilty. Well, that’s great, except for all the time that you were locked up pending your matter. You’re not compensated for that. There is nothing you can do. Except stay imprisoned until you finally vindicate yourself. It is disgusting. And this draconian severity is put into the bail reform bill in the section that applies to murderers. Evan Nappen 05:52 I’m going to explain to you how this works legally, because nobody really has taken the time to actually spell it out. What you have heard maybe already and seen, is true. Our State Association (ANJRPC) put out a great news release about this current threat. It is S513. Senate Bill 513. There was a hearing today for this bill, where they were going to push it and get it through. But luckily, because they don’t give us much time at all to deal with this. By the time we learn about it, it’s already getting scheduled. Luckily, this alert went out. At the current moment, the bill that I’m going to explain to you in a minute, has been held. Right now, today, the bill was held in committee. Now what it means is there is no action taken at this time. When the bill is held, it doesn’t mean that we won, and it doesn’t mean that it was defeated. It just means it’s in a holding pattern. It can be brought back at any

May 22, 202230 min

Episode 81- Hyper Inflation, Nickels & the Screaming Aztec Death Whistle

Episode 81- Hyper Inflation, Nickels & the Screaming Aztec Death Whistle Also Available OnPodcast TranscriptGun Lawyer Episode 81 SUMMARY KEYWORDS nickel, blade, crock, knife, sharpening, gun, property, sticks, knives, scabbard, carrying, firearm, cold steel, evan, edge, inflation, magnet, lawyer, piece, gun owners SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hey there. Welcome to Gun Lawyer. This is Evan Nappen, and I am happy to have this opportunity to share some fun and stories. You know, we talk a lot about the laws and the impacts of the laws and these issues. But I want to step back for a minute. And I want to talk about some of the fun stuff. Every once in a while, there’s some good things out there that we as gun owners and fans of weapons and such like to talk about or get. I want to talk to you about something here that I think is really cool, and I have one of these myself. I just wanted to bring it to my listeners’ attention. Let me just say I have no interest in this financially. There is no connection or anything. I’m just talking about something that I really like. One of the things that I recently acquired is a Cold Steel 1917 Frontier Bowie knife, and I want to talk to you about this Cold Steel Frontier Bowie knife. Evan Nappen 01:36 First of all, the knife is Jersey legal. So, there’s a yahoo, because if you’re in Jersey, you can have this knife. Furthermore, you can even order this knife, there are other sources, you can get it from Amazon, by the way. If you are an Amazon Prime Member, this Cold Steel Frontier Bowie is only 109 bucks. I’ve been a knife guy my whole life, and I wrote the book on U.S. Knife Laws. I have been a collector, and I write for Blade magazine. I write for the Knives Annual. I am into knives, and I have all kinds of knives. Some are just exquisite handmade and other stuff is just inexpensive stuff that I still appreciate. But the reason I want to point out this Cold Steel Frontier Bowie is that it is one hell of a knife for 109 bucks. I’m impressed, and I usually don’t get easily impressed. But this one I’m impressed with for that kind of money. First of all, the blade on it is 12 and a quarter inches long. The blade itself is over a foot long. The handle is a large handle that actually fits my big hand, and the balance on it is really sweet. It’s one piece of steel from top to bottom. It’s what they call a full-length tang. Evan Nappen 03:18 It is one piece of steel. So, you’re less likely to have any breakage, where a handle would break, because the steel of the knife goes all the way through. All the way to the back of the handle, and the handle has these hardwood slabs of wood. The real nice s-guard bowie and the blade geometry on this piece is really sweet. When you hold it in your hand, it just feels good and that s- guard bowie allows for a great fencing grip or any other knife fighting grip. The guard is actually welded on to the blade so that it’s not just hanging there loose and rattling and you’re dependent on the handle to keep it pushed Page – 2 – of 7 forward. No, it’s actually welded to the blade itself. So, the guard is really well placed, and the handle is ample for even someone with a big hand. Evan Nappen 04:25 The blade has this wonderful blood groove that goes through the whole blade which also makes it a little lighter because it is a quarter-inch thick steel, a quarter inch thick. It really has a nice balance and sweet. And it has a big choil. Now the choil is right in front of the guard. There’s a cutout that you could wrap your fingers through the guard so that your forefinger is actually in front of the guard and wrapping around the blade. Then your other fingers can really get a tight grip with the s guard in between your fingers and your front finger in front. Some people like to grip a knife strongly like that when doing certain kinds of work. But you really should check this blade out. I am really impressed. It’s got this very rich, deep bluing to the blade. It’s not just some shiny mirror polished thing. It is a deep rich blue. Evan Nappen 05:38 Then to top it off, it has a spectacularly great scabbard. Not some cheap, nylon deal with Velcro. No, the scabbard itself is leather, but it also has the old school, I’m talking Spanish-American War period, of the metal kip that extends up the leather, protecting the bottom of the scabbard. Then a metal collar or throat to the scabbard with a really well-attached belt loop that’s on a metallic part of the throat that carries it. It absolutely is reminiscent of the Central American type Bowies at the turn of the century. I happen to have an original Argentine, very similar, really well-made scabbard for this thing. Very impressive. For 109 bucks, that’s a hell of a knife, and it’s Cold Steel. So, it’s guaranteed by them. And I tell you

May 15, 202228 min

Episode 80- I Aint Fraid’a No Ghosts– Plus Byrna Guns in Jersey

Episode 80-I Aint Fraid’a No Ghosts– Plus Byrna Guns in Jersey Also Available OnPodcast TranscriptGun Lawyer Episode 80 SUMMARY KEYWORDS serial numbers, gun, exemption, firearm, weapon, guns, lawyer, registration, defense, problem, new jersey, person, pepper spray, possession, plainly, privacy, manifestly, firearms, carry, fired SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I’ve been thinking about the anti-gun attacks lately and their machinations, their schemes and the constant barrage of propaganda that we get out of them. In one way, they’re pretty good at it. They’re creative, and they sure come up with a lot of fun descriptions to push their propaganda efforts. And you know, one of the big ones now that’s really taken on a lot is “ghost guns”, you know, “ghost guns”. I was thinking about this whole thing about ghost guns, and what’s the underlying thing going on there with ghost guns? And really, what it is, it’s about guns that don’t have serial numbers. I mean, if you boil right down to it, it is unserialized numbered guns. Whether it’s a gun you built yourself with no serial number or a gun that was made before with no serial number, even manufactured. The whole thing behind ghost gun and the danger of ghost guns, is that guns are not serial numbered. Evan Nappen 01:40 So, let’s think this through. Why are serial numbers so important? Who cares? Oh, well, we have to trace guns. Yeah, bullshit, frankly. Okay. Frankly, it is. Because gun tracing is about the lamest, least crime solving thing out there. Oh, it’s great for statistical twisting to show the number of crime guns from a dealer that were sold. Except they’re not crime guns, it’s just any gun seized. Because they seize or the dealer has been in business a long time, so they’ve sold lots of guns. This is a problem dealer; one of those bad apples. So, it’s used for propaganda purposes. That’s true. And it’s used to aid in their ultimate goal and that’s universal registration. We’ve talked about it before, and I’m sure you know, they want registration. Because with registration, that’s how you get the confiscation. Now, look, folks, either you believe that registration leads to confiscation, which I believe with all my heart, or you can just quit listening to me now, honestly, because that’s the game. Evan Nappen 03:01 History has repeated itself over and over. Legislation, Registration, Confiscation, then Extermination. And history goes on and on doing this. So, what does all this boil down to? It boils down to registration is a threat, an immediate present danger threat to our Second Amendment rights. And the fundamental requirement of registration is serial numbers on guns. And I’m going to tell you right now, I oppose all serial numbers on guns. And what I want to see is a Firearms Privacy Protection Act. Guns that you and I own are private and need to remain private. All a serial number does is make it registerable so Page – 2 – of 7 that our privacy to our firearm possession is now violated. I want Firearm Privacy Protection Law, which means the absolute elimination of mandatory serial numbers on firearms. Evan Nappen 04:34 Now, you may say, well, what about theft? What about theft? Well, I understand we want to keep our valuables and be able to identify valuables. But you know, there’s plenty of very valuable things in our society that aren’t serial numbered. Gold bullion coins aren’t serial numbered. Your jewelry isn’t serial numbered. All right. There’s lots of valuables out there, that somehow theft protection is still available, still able to deal with it. Even though they don’t have serial numbers, and it’s not registered. Right. So, that doesn’t cut it. Plus, it’s not actually a theft deterrent. Because, frankly, for all these years that we’ve operated in this country with a stolen firearm database, do you know who’s able to access it? Only law enforcement. No, no, no, think about this now. Only law enforcement. Evan Nappen 05:45 I’m a gun dealer, and someone comes to my shop. They want to sell me a gun. I take their name, address info, and I do the acquisition disposition. All good. But can I check that gun off a stolen gun list before I accept it? Hell no. It’s not available for that. It’s only after the fact. If they’re just doing some investigation or this gun has come into the police, to their attention somehow that a check actually gets done. But citizens aren’t allowed to do it. You’re not allowed just to check. I mean, think how feasible it is to have a database that we could just go online, put in a gun and serial number, see if it comes up stolen or not. I wouldn’t want to purchase

May 8, 202231 min

Episode 79- Guns and Mental Health

Episode 79- Guns and Mental Health Also Available OnPodcast TranscriptGun Lawyer Episode 79 SUMMARY KEYWORDS expungement, gun, commitment, mental health, state, involuntary commitment, firearms, registration, guns, second amendment rights, folks, biden, records, dealer, new jersey, police, involuntary, voluntary, gun rights, law SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Today I want to talk about mental health and guns. It is an important subject that ends up targeting your Second Amendment rights, and it is widely misunderstood. A lot of folks don’t even realize just how easily this can end up becoming a problem. I’ve been dealing with these types of cases now for over 35 years, and I want to explain some dynamics here so that you can have this knowledge and try to protect yourself from becoming a victim. A victim of a gun disqualifier, a victim of what happens in the world of mental health. The problem is, of course, that people who have mental health issues and mental health problems, basically need to get help. And we get that. I get that I can’t say to anybody, nor would I, don’t get help if you need help. So, we got to just get that straight out there. Evan Nappen 01:36 But there’s needing help, and then there are other times where individuals absolutely did not need help. And it created a nightmare for them. I have had to work many clients through these nightmares. A lot of folks just have no clue what can happen to you when you get sucked into this thing. So, let me let me start with, first of all, you need to understand that if you see a shrink, you are now risking losing your guns. It’s that simple. Now, I am not saying don’t see one. Maybe you need to. But you better know that as soon as you embark on that, you have immediately triggered anti-gun laws that are going to focus on you. Just by seeing a psychiatrist in New Jersey. Evan Nappen 02:37 One of the questions right on the application they ask if you’ve ever been treated or observed by a doctor or psychiatrists. So, as soon as you do that, now you’re answering the question on the application as “yes”. And if you don’t answer truthfully, you are committing a felony level offense. You are falsifying the application, and you’re looking at up to five years in state prison. So now, just by seeing and getting that visit, you have put yourself in a position, particularly in New Jersey, just from that visit, where you are going to have to show that you are safe for the handling of firearms. A lot of people don’t know that will happen, and you better put that into your considerations. Page – 2 – of 7 Evan Nappen 03:29 But you see, it goes beyond that, and the beyond that has to do with getting mental health commitments. Because if you start at the top, the Federal law, there is a prohibitor for gun possession under Federal law. If you’ve had an involuntary commitment, under federal law, or if you’ve been adjudicated mentally defective or had a mental health, involuntary commitment, then you are disqualified from firearm possession and ammunition possession anywhere in the United States under federal law. You have become the equivalent of a convicted felon because it’s the same law that bans felons from having guns. It bans individuals that have had involuntary mental health commitments. And this is very widespread. Evan Nappen 04:33 But you see what New Jersey does and other states as well, but what New Jersey does, is they too prohibit individuals who have had mental health commitments. But not just involuntary commitment, any commitment. Even a voluntary commitment is a disqualifier under New Jersey law and under New Jersey law if you had a voluntary commitment, there’s a separate law that prohibits your possession of firearms. That’s right. You signed yourself in for a voluntary commitment, voluntary treatment, and you’ve now put a New Jersey gun disqualifier on you, that is a license disqualifier and a criminal possessory disqualifier. A lot of folks don’t realize that, and the question that comes up is, how do you relieve yourself of this disqualifier? How does someone restore their rights, their Second Amendment rights if they have been treated by a psychiatrist, or medical doctor for a psychiatric condition or mental condition? Or if they’ve been voluntarily committed? Or if they’ve been involuntarily committed? How do the rights get restored when an individual faces these things in their life? Evan Nappen 06:19 I will tell you, and it’s important to understand, the difference because all the time I get confusion. And I don’t blame folks for being confused, but I need to clear this up. So, let’s start with the Federal law. Federal law, as I said, prohibits the possession of firearms by a person who has had an involunt

May 1, 202229 min

Episode 78- Bang, Bong and Badge

Episode 78- Bang, Bong and Badge Also Available OnPodcast TranscriptGun Lawyer Episode 78 Page 1 of 7 Gun Lawyer — Episode 78 Transcript SUMMARY KEYWORDS firearms, marijuana, new jersey, federal law, guns, possess, exemption, memorandum, gun, unlawful, atf, weapons, law, randolph, problem, home, prohibited, police, user, controlled SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. On this week’s show, we’re going to discuss Badge, Bang, and Bong, and why you can’t have all three. This has to do with recent announcements, particularly by the Attorney General in New Jersey, that have made it clear that off duty police can smoke weed, not a problem. And I’ll tell you what, I think it’s a big problem, and I’ll tell you why. The fact of the matter is, yeah, New Jersey legalized marijuana. Sure. They did, and dispensaries are now open, selling marijuana. But do you know what hasn’t changed one bit? What hasn’t changed one bit is the Federal law concerning marijuana. Under federal law, marijuana is a Schedule One controlled, dangerous substance, and it’s prohibited under the Controlled Substances Act. It is unlawful to possess, ship, receive, and sell. You name it, and it’s banned. Evan Nappen 01:45 But for some reason, that federal law is being ignored, and the dispensaries are selling marijuana specifically in violation of Federal law. Now, look, I’m not taking a position on the legalization of marijuana. My concern is this. How does this affect guns and gun ownership? Because, as I’m sure you know from the past — our adage of Bang or Bong, you can’t have both, and that’s because of the Federal prohibition, if you’re a user of marijuana, from being able to possess and/or purchase firearms. Well, that’s still in effect, and it is now going to be affecting law enforcement. So let me tell you where this is coming from. The Attorney General put out a memorandum that went out to all the Chiefs of Police in New Jersey, and I happen to have a copy of the actual memorandum. Evan Nappen 03:01 Now the media has been also publicizing this memorandum, at least the key parts of it. The memorandum from the Attorney General Matthew Platkin went to all law enforcement chief executives, and it is regarding what is called CREMMA. CREMMA is the law in New Jersey that legalized marijuana. It is the Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act. In other words, legalize weed. It was a vote by New Jersey citizens to amend the Constitution of New Jersey to legalize marijuana. We call it cannabis. This became the enabling legislation, CREMMA for this to happen. Evan Nappen 04:18 Page 2 of 7 As we speak, you can buy marijuana in New Jersey from dispensaries. Well, the (Attorney General’s) memorandum says the CREMMA, again this regulation, further provides that law enforcement agencies may not take any adverse actions against any officers because they do or do not use cannabis off duty. Well, that’s nice that they can’t take action because you don’t use drugs. I’m sure that was a big concern. Right? Identifying police that don’t use drugs and then have to take action against them. But of course, the significant section is whether you do use it. Evan Nappen 05:05 In effect, what the Attorney General is saying is that if an officer is off duty, and he’s using marijuana, then that’s fine and dandy. The truth of it is, it isn’t fine and dandy. Because first of all, the officer is possessing a Schedule One controlled dangerous substance under federal law, and nothing that New Jersey has done makes that okay. Federal law is still in effect, and these dispensaries and this entire business in marijuana, the Federal law is being ignored. It’s just being ignored. So, it makes you wonder, why do we have laws that can simply be ignored? Because that’s what’s going on. Yet it’s recognized that it still is a problem. It’s even admitted that the Federal law creates an issue. Evan Nappen 06:11 In this (Attorney General) memorandum it says: While marijuana is a Schedule One Controlled Dangerous Substance under Federal Law 21 USC 812, so they acknowledge it’s a federal problem, it says CREMMA makes it clear that no agency in the state may refuse to perform any duty under the CREMMA. Here’s the quote, “on the basis that manufacturing, transporting, distributing, dispensing, delivering, possessing, or using any cannabis item, or marijuana is prohibited by Federal law.” So, there is explicit acknowledgement in New Jersey to ignore, not enforce, and not take any action regarding that Federal prohibition. Yet, there it is. Evan Nappen 07:11 To have this memorandum come out, essentially giving the green light to police use of marijuana, now brings out and causes the

Apr 24, 202229 min

Episode 77- A New Milestone in 2A Freedoms

Episode 77- A New Milestone in 2A Freedoms Also Available OnPodcast TranscriptGun Lawyer Episode 77 Page – 1 – of 7 Gun Lawyer — Episode 77 Transcript SUMMARY KEYWORDS new jersey, firearms, permit, book, flash suppressor, state, gun, carry, muzzle device, id card, wrote, states, law, require, federal law, transport, national reciprocity, problem, grenade, launcher SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. You know, we now have a historical milestone in our fight for our Second Amendment rights. And what I’m talking about is the signing of Constitutional Carry by Governor Kemp in Georgia. This is really an important moment in terms of our fight for our rights. It’s a time really, for a moment, we can actually be a little proud and happy as to where we are. Because Georgia is the 25th State. In other words, half of America in terms of numbers of States, now has Constitutional Carry. Think of how significant that is — it’s amazing. This means that half of the United States requires no license or permit or permission slip or piece of paper from the government so that a person can carry a loaded handgun concealed on their person for self-defense. That is an amazing advance of liberty and freedom. One of the things that has always struck me about carry, is that it is absolutely fundamental, critical, and really, in the modern day, the most important aspect of our right to keep and bear arms. Our Second Amendment rights. Evan Nappen 02:36 Look, I love everything about firearms, whether you enjoy target shooting, hunting, collecting, whatever it is that turns you on about guns, that’s great. But, critical to it all, the most important element is carry because it is directly related to self-defense. Constitutional Carry is an expression of states saying you, the law-abiding citizen, you can defend yourself with the most effective means there is, and that being a firearm, and you can do so without needing a permit or license. Simply because it is our natural and fundamental, Constitutional right, to be able to defend ourselves with a gun. Evan Nappen 03:45 You know, there are places throughout the world that do not even allow self-defense, no less self-defense with a gun, no less allowed to carry a gun to defend themselves. That is quite a special right. And when you look back and you say, wow, how did we get here? It is really astounding to me, to me personally, because I want to tell you something you may not know about me. You see, I wrote my very first book. And my very first book was called Handgun Self-Defense, A Digest Of The Best of Today’s Handgunning Literature. Actually, A Digest Of The Best of Today’s Handgunning Literature Plus Concealed Weapons, How to Get Your Permit. Now this book is really kind of hard to get. I think you might be able to find one if you look hard enough on eBay or Amazon, but this book, of which I’m very proud, I actually wrote during college, and it was published in 1983. Page – 2 – of 7 Evan Nappen 05:16 And what happened was in college, I had two seminar courses that I had to take, writing courses. They were courses that required a written project. In college, I created my own major and got it all approved. So, I graduated with my degree in Business and Political Science as one major. There were two courses that in order to structure this major, so in each of those I wrote about two different aspects of concealed carry licensing. For Political Science, I looked at the legal political issues, and on the Business side, I looked at the management of permit systems. When I finished, I combined the two papers together, and I was really fortunate that I was able to get it published. And I’ll tell you how that happened. It was actually published by American Handgunner Magazine. Jerry Rakusan was the editor at the time, and I sent him my manuscript. And they actually paid me. I mean, I was like, wow, actually getting paid for my manuscript and put it into this book. This little paperback book on concealed weapons, how to get your permit. The first part of the book is a digest of excerpts from about half a dozen books by the finest gun writers of the day. Then the entire second half was what I wrote about carry licensing. The first half of the book has, for example, Principles of Personal Defense by one of my heroes, Jeff Cooper. That’s a great article in and of itself. They are timeless principles. No Second Place Winner by Bill Jordan. I just always read all of Bill Jordan’s stuff, right? Shoot a Handgun by Dave Arnold. In The Gravest Extreme by Massad Ayoob. The Combat .45 by Bill Wilson and Michael Bane. The Truth About Self- Protection by Massad Ayoob. Life Without Fear by Mike Dalton and Mickey Fowler. Evan Nappen 07:53 Then all of the second part is my part that I wrote, and I’m with the greats. I mean, what I just wrote in

Apr 17, 202233 min

Episode 76- The Freest 2A State In America and Listener Questions

Episode 76- The Freest 2A State In America and Listener Questions Also Available OnPodcast TranscriptGun Lawyer Episode 76 SUMMARY KEYWORDS new hampshire, law, state, gun, new jersey, handgun, firearms, firearm, id card, license, gun laws, possession, permit, gun rights, carry, long, moving, lawyer, prohibited, purchaser SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I get some great emails from listeners, and I have one that I want to share here because I think it’s a great topic to talk about. It’s something that I think a lot of folks don’t know the answer to. Here is the email from Ray. Regarding New Hampshire, do you think that you can do an episode on New Hampshire once in a while. I realize that we do not have any real freedom issues for the most part, but laws do change a bit. We have had some success in the legislature, but there are still bad laws being proposed and everyone up here should know about it, so they can contact their legislators. It’s from Ray, and I appreciate Ray’s email. Evan Nappen 01:15 I really want to talk about New Hampshire because New Hampshire is extremely special. And I’m not just saying that for a personal bias, but in fact, it is probably one of the best kept gun secrets out there. Many of you probably don’t realize that, in my opinion, and look, I spent over 35 years practicing gun law, and I can tell you that New Hampshire is, in my opinion, the freest gun state in America. Absolutely the freest, the freest, and getting even freer. It is astounding how free New Hampshire is. Now no place is perfect. I agree. But I want to tell you about New Hampshire and some of the advantages you may not even realize. Evan Nappen 02:19 I know many of you are listeners that are in New Jersey, and New Jersey is infamous for being, in my opinion, the worst state for gun ownership in the country. Anyone who lives in New Jersey I’m sure understands why. The amount of laws, the anti-gun bias that runs through the system, the attempt to disenfranchise everyone in New Jersey of their gun rights, turn them into felons, ruin their lives, all combined with a hatred of who we are. I mean, that’s really what we are dealing with all the time in New Jersey, but New Hampshire, to understand New Hampshire, just think about everything that’s terrible about New Jersey. Now think of the opposite, and you get New Hampshire, no exaggeration. Evan Nappen 03:10 Let me tell you some of the things you may find surprising. Because there are a lot of folks out there if you asked, what is the freest gun state? Well, they might say Texas or Tennessee, or places down south, and a lot of those states are very good, don’t get me wrong. They are definitely night and day over New Jersey. They’re great states without a doubt, but none of them are actually as free as New Page – 2 – of 7 Hampshire. You’ll find if you talk to folks, there are actually a lot of gun laws in Texas. Now it is generally pro-gun in its demeanor, but there are a lot of laws. When I talk about the freest gun state, I am talking about the least amount of laws, the least amount of laws. Evan Nappen 04:06 Let me tell you about New Hampshire’s lack of laws. Number one, New Hampshire has Constitutional Carry. So, you do not need a permit, license, or permission slip from the government to carry a handgun, either concealed or openly, loaded or unloaded, in your motor vehicle on your person. Not only is there no permit or license required, but New Hampshire does not even have a law that you could be charged with. Doesn’t even have a law, unlawful possession of a handgun. No such law. No such law. The only prohibited persons under state law are essentially felons, prohibited persons. But there is no handgun possession offense of general nature and then you say, oh, well, I have a license, or I fall under some exemption. No, there’s nothing you can be charged with. Evan Nappen 05:17 Now there is an optional carry license in New Hampshire, and let me be very clear, a license. New Hampshire does not like the word permit and doesn’t use the word permit. Because permit implies permission. It’s not about permission. It’s just a license, and the license is optional. 100% optional. If you want a license, you can get a carry license, and it is shall issue. A true shall issue license. Meaning as long as you are, and it says it right in the statute, as long as you are not otherwise prohibited under federal or state law from possessing a firearm, you qualify for the carry license. Now, you might say, why would I want a carry license if I can carry without a license? Well, because other states have reciprocity if you have a license. So, to take advantage of other states’ reciprocity, you may want the optional license from New Hampshire, but you don’t need one. They have consti

Apr 10, 202228 min

Episode 75- Gun Show Surveillance and Listener Questions

Episode 75- Gun Show Surveillance and Listener Questions Also Available OnPodcast TranscriptGun Lawyer Episode 75 SUMMARY KEYWORDS new jersey, firearms, state, gun, pennsylvania, law, jurisdiction, exemptions, federal law, acquisition, rifles, acquire, purchase, gun laws, possession, handgun, air, anti, pistol, permit SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. We have been following the surveillance that has been taking place at gun shows, particularly at the Pennsylvania shows that are visited by out-of-state residents, particularly from New Jersey and New York. I warned you guys about the problem of the surveillance that is taking place in which individuals are watched by both camera and other means. Then they are followed to the car, and it is checked to see whether they have out-of-state plates. These individuals are followed all the way until they cross the state line and then get arrested for their purchase of what was absolutely lawful in the federal jurisdiction and in the jurisdiction of Pennsylvania, and yet, has been arguably prohibited in these other states. Even though these laws in these other states are direct contradictions to, of course, the right and keep their arms. This is something we all need to be very aware of because you are being surveilled. You are being watched, and this is part of the so- called tri-state effort. Evan Nappen 02:11 But now there’s a new wrinkle to this, and it’s in a recent article by John Crump that came out in Ammoland. John is an excellent investigative reporter, particularly on the issues that we care about. His article is “Did NBC News & Pennsylvania AG’s Office Commit Multiple Felonies?” ( https://www.ammoland.com/2022/03/nbc-news-pennsylvania-ags-office-commit-multiple-felonies/#axzz7Ob6YNpe8 ) His article focuses on, yet again, the Oaks Gun Show in Pennsylvania. This is where JSD Supply runs and owns that show now. Those folks were one of the major suppliers of Polymer 80 (P80), and at one point, they were banned from the show. Being American and capitalists and all said, well, you’re gonna ban me, I’m gonna buy your show. And that’s what they did. They bought the show, and they set up there because the product they are selling is legal under Federal and State law. Evan Nappen 03:29 Well, NBC News did this “Exposé” where they did a Hidden Camera investigation. More hidden camera surveillance only this by the other branch of the anti-gun movement, you know, the lamestream media. They’re doing this so-called investigation where they focused on JSD Supply. They made purchases of Polymer 80s, and there were builds that took place. These builds that took place apparently seem to have been done without following federal law. I would encourage you to read John Crump’s article where he gives the details about this. According to this article, the news crew transferred two complete, Page – 2 – of 6 readily convertible kits out of parts they purchased separately at the show. ATF had viewed these as “buy, build, shoot” kits as readily convertible and therefore a firearm. ATF even raided a company over the kits. If ATF still keeps that definition, then, according to Crump’s article, Hillyard, an out-of-state resident, transferred two readily convertible pistols illegally to the Pennsylvania Attorney General employees to complete. Evan Nappen 05:14 So, here we see a number of questions raised, including the crime of building a “ghost gun” for others. You are allowed to build a firearm for yourself, and you have been allowed to have a gun made by yourself for yourself since before the country was even a country. Recent laws in anti-gun states like New York and New Jersey have tried to curtail that, but under federal law it had to be a gun that you built for you, not for others. So, this is another thing that apparently went on. Then, as if that’s not enough, Gun Owners of America weighed in on this, and they identified other possible crimes committed, including the Pennsylvania statutes that require FFL and PICs, which is the Pennsylvania Instant Check. PICs is a POC, a Point of Contact for NICS, which is a National Instant Check. Pennsylvania’s Point of Contact is called PICs. So, what you have as a point of contact is a POC PICs NICS. How do you like that? But basically, no seller shall deliver a firearm to the purchaser thereof until provisions have been satisfied, and when delivered, the firearm shall be securely wrapped and shall be unloaded. Apparently, there was not a PICs NICS through the POC done. Evan Nappen 07:05 It’s also illegal to sell a handgun to a resident of another state without first going through an FFL and apparently a conspiracy to violate Pennsylvania law and Federal law. These are the things in the article that Gun Owners of America (GOA) has put fo

Apr 2, 202229 min

Episode 74- !Red Alert!- Update

Episode 74- !Red Alert!- Update Also Available OnPodcast TranscriptGun Lawyer Episode 74 SUMMARY KEYWORDS firearm, gun, atf, registration, guns, dealer, fight, records, law, assault, jersey, called, confiscation, new jersey, handgun, lawyer, database, gun rights, license, seized SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hello, this is Evan Nappen and welcome to Gun Lawyer. I want to give you an update on the Jersey Gulag for Gun Owners Bill. As you may recall, this was a bill that was seeing action in Jersey, which made gunowners the equivalent of murderers so that they would be held without bail. And I mean, held until the matter went to trial years, possibly. With no finding of guilt until you finally get your trial. So, basically, it’s just wait in jail while your matter pends. I guess we could rename the New Jersey jails, you know, the Bastille in honor of this. Evan Nappen 01:08 But the good news is the show Gun Lawyer, we got the message out. We worked hand in hand with the state association and my great, dedicated listeners. We had tremendous impact. And the impact was, I am proud to report, knocking out about 85% of the bad in that bill. We were able to get handguns removed, and rifles and shotguns removed. Those possessory Graves Act offenses that anyone could end up being involved in simply because you get put to your proofs in New Jersey. Remember, when you possess firearms in New Jersey, the burden is on you to prove at any time that you are legal, that you within an exemption. In New Jersey gun owners are guilty until proven innocent. It’s actually how it works. Because the defenses, that are exemptions, must be proven to show that you do not have something that is prohibited. So, this was a nightmare in the making. Evan Nappen 02:23 Now I say 85% because, unfortunately, the one thing still left is the so called, dreaded intrinsically evil, scary assault firearms. Assault Firearms. Yeah, that’s what is left – assault firearms. The pejorative term conjured up by the antis to mean some type of gun they don’t like. No, really, you can’t specifically say what an assault firearm is because the law is so complex and convoluted that virtually no one really understands it. It’s a five-part definition found in law, and it is so terrible. It’s really one of the worst certain criminal definitions of anything, anywhere, ever. And that’s not just because I can’t stand it. It’s a fact. Evan Nappen 03:18 The first part of that law is this laundry list of 67 guns. Then the following paragraph says any gun substantially identical to any gun above. Substantially identical. What does that mean? Substantial means almost identical means exact. What the hell does almost exact mean? Then any semi auto rifle Page – 2 – of 7 that has a fixed mag capacity exceeding 10 rounds. Then shotguns that are semi auto and have a pistol grip, a folding stock, or mag capacity over six rounds. And then what’s called the part of parts definition to make an assault firearm. All these things fall under the definition of assault firearm. And it’s really impossible for a citizen to know exactly what’s legal because of the vagueness that’s so built into it. I actually won a case on that. It was State (of New Jersey) v. Merrill where the judge did dismiss it as unconstitutional for being vague because of the term substantially identical. Yes, so substantially identical is a problem. It has been a problem. This wide variety of what makes a gun Jersey legal and not legal is constantly an issue. Evan Nappen 04:28 Just today I had two hearings on whether guns are assault firearms or not. Two in one day even. Because it’s so convoluted and complex and contradictory, it is a battle every time. Yet if you’re charged with having one of these so-called assault firearms, New Jersey wants to hold you in jail without bail. And you will sit there and wait and wait and wait until your matter gets adjudicated. It could be years. This is wrong. Yet possession of an assault firearm in Jersey is a crime of the second degree, up to 10 years of state prison with three and a half years minimum mandatory. There are so many guns out there that seem to be assault firearms but aren’t and vice versa. Evan Nappen 05:24 For example, a SKS was on the list, but only ones that use detachable magazines and that confuses people. The semi auto Thompson 1927A1. It looks like the classic Thompson machine gun, but it’s semi auto. That gun is not an assault firearm, but people think it is. The mini-14, but only the folding stock version, not the straight stock version. Guns that have offending features based on the Attorney General opinion, but those features can constantly be in debate. Is it a flash suppressor? Or is it a muzzle brake? Is the barrel still threaded, even if it’s pinned and welded over the threads? Is a bayonet mount still

Mar 20, 202226 min

Episode 73- !Red Alert!- Gulag for NJ Gun Owners

Episode 73- !Red Alert! – Gulag for NJ Gun Owners Also Available OnPodcast TranscriptGun Lawyer Episode 73 SUMMARY KEYWORDS firearms, new jersey, exemption, gun owners, gun, gun laws, law, gun rights, lawyer, folks, transport, evan, handgun, possession, criminals, graves, penalties, fight, bail reform, anti SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. We are facing a very, very serious issue in New Jersey, and it’s something that is going to spread, of course, to the rest of real America. Right now, it is essentially a Red Alert for New Jersey, and we have talked about this issue in the past. But now there is movement on it, and we have to take action. What I’m referring to is the proposed bill (A2426) that we call “Gulag for Gun Owners.” This bill treats honest gun owners the same as murderers when it comes to what is inadvertent technical law violations or claims of law violations when there are exemptions that folks fall under. But because of the structure of New Jersey gun law, you will be stuck in jail waiting for your trial date. It’s outrageous. It comes from this whole approach of so-called bail reform. Evan Nappen 01:44 I want to say that our State Association, the Association of New Jersey Rifle & Pistol Clubs, put out an alert, and I was proud to help them with this. You may have received it if you are a member of the state association, which you should be a member. If you live in New Jersey, you need to belong to the ANJRPC. That’s the Association of New Jersey Rifle & Pistol Clubs. They are the state affiliate of the NRA in New Jersey. But what’s more important is that they actually have a full time, paid lobbyist. They are the ones fighting in Trenton, specifically in Trenton, for our gun rights and on the cutting edge of these horrible anti-gun laws that keep getting proposed and pushed out of Trenton. Evan Nappen 02:43 So, you really, if you don’t belong, people say to me, Evan, what can I do to help? And I’ll say, look, there’s no maximum, but I can tell you the minimum. The minimum is you need to belong to the NRA. Despite all the controversy, you got to belong to the NRA. And you got to belong to your state affiliate, which in this case is the Association of New Jersey Rifle and Pistol Clubs. (www.anjrpc.org) Now beyond that, join every other group you are interested in. Be as active as you possibly can, and sky’s the limit. But that’s the minimum. You would be surprised how many gun owners don’t have the minimum and that’s a shame. Because when you belong to your state association, you’re going to get updates and alerts, hot from the group to alert you and to tell you what’s coming up. Evan Nappen 03:33 Page – 2 – of 6 This is falling right into that category. Because this is extremely serious. It is another level of attack on gun owners, not just their gun rights, but on gun owners. Let me take the time here to explain to you how this works. The alert is good at warning about what can happen here. But I also want to get into a little more depth and explain to you the mechanics of how they’re doing it. Because the other side, are you ready for this, folks? The other side is lying. I know you’re shocked to hear that the other side is lying. The other side is claiming Oh, no, no, no, this only applies to criminals who use guns illegally. Yeah, you know what? Bullshit, frankly, folks, that’s what that is, and I know it. I have seen it, and I know what’s really going on in the system. That’s what is facing us. You need to understand that if this passes, then what happens is there is a presumption for you to be detained. The presumption means you will sit in jail and not be given a bail. Denied bail and given a pretrial detention. You will be there until your matter is adjudicated. Until arguably you have a trial, or your lawyer somehow wins on a pre-trial motion, or you cut a deal where you plead guilty to something and finally get out. Evan Nappen 05:13 We are talking about this affecting folks that are just doing normal gun owner daily activities, such as stopping for food or fuel, or even going to the bathroom, or for medical treatment on the way to or from the target range. Because when you are transporting to or from the target range with your firearms, you have to be within exemptions. We are going to get into this in a little more detail. Those exemptions, folks, are a defense, a defense, and that means the burden of proof is switched in New Jersey to the gun owner who has to prove that they are within a defense. They switch the burden of proof on us in Jersey. Normally, you assume that, in the way America, all throughout the country, you are assumed that you’re innocent until proven guilty. But in New Jersey, gun owners are actually guilty until proven innocent. How can this

Mar 13, 202227 min

Episode 72- President “Sock Puppet’s” State of Disunion

Episode 72- President “Sock Puppet’s” State of Disunion Also Available OnPodcast TranscriptGun Lawyer Episode 72 nfa, silencer, firearms, ukraine, register, gun, registration, atf, speech, second amendment rights, anti, gun laws, lawyer, assault rifle, ban, issued, evan, push, gun owner, law SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hello, I’m Evan Nappen, and welcome to Gun Lawyer. I wonder if any of you were able to stomach watching the President’s sock puppet give his State of the disunion address. Boy, it was miserable. It was just oof. Of course, in this speech, as Mr. teleprompter, he is spending half of it discussing Ukraine. Ukraine is like the greatest thing ever for these guys because you can use that to cloud over, hide behind, and just obscure. I mean, everything’s Ukraine. It’s amazing. Look, it seems that COVID has been cured by Ukraine. You do not even hear about it on the news anymore. Maybe Russia should have attacked sooner, and then we wouldn’t have any more COVID. It would have been great. Evan Nappen 01:23 But if we look at Ukraine now to, it’s the big cover. That’s the big news. I am not saying it’s not a big story, and it’s very impactful when a nation is aggressive and takes on another nation. I get that. What is going on in Ukraine affects 2A, and it is something big. The government issued to civilians 10s of 1000s of, not just rifles as the media is portraying it, rifles were issued, oh, no, no. Bona fide assault rifles, actual real ones, not just semi-auto, but select fire, select fire, semi-automatic and fully automatic, select fire rifles, bona fide assault rifles. This is what an assault rifle truly is. Not what New Jersey and other places have banned with just semi-automatic firearms. 02:35 Remember, the original assault rifle was the Sturmgewehr, and the StG 44, which is the German Sturmgewehr, was the assault rifle 44. This was developed by (Hugo) Schmeisser during World War II. The concept of this intermediate cartridge, intermediate range cartridge, designed for more urban type fighting and to have a rifle of this nature. The Sturmgewehr, StG 44, heavily influenced the Soviet creation of the AK-47, which was the Soviet assault rifle. Which is what? Semi auto and full auto, select fire. You can do both. In the United States, what the anti-gunners have done is they have called our semi autos, assault firearms, even though they are not select fire and full auto because that would be the true Sturmgewehr. Yet in Ukraine, what was issued to civilians by the government? They issued them, by the 10s of 1000s, select fire AK-74s. That’s what they primarily look like. Basically, they are AKs being issued by the government with what? Large capacity magazines issued by the government. To do what? To fight the invading enemy. Evan Nappen 04:23 Page – 2 – of 6 Supposedly Biden is all gung-ho about cheering them on. Good for him for that. I think anybody who is free does not want to see some big bully of a nation aggressively taking another nation. I get that. So, Biden’s all for that. Yet in the same speech, the same speech, where he’s saying how much he supports this and Ukraine, he advocates for an assault firearm ban, and a large capacity magazine ban to be passed in the United States. Talk about talking out of both sides of your mouth. I mean, good grief. This is a lifelong obsession with President Brandon, lifelong. He has always pushed gun laws that take away and attack our Second Amendment rights. Here he is, in this speech, at it again. Why is that? I have noticed that gun control and calling for anti-gun laws is always one of the last refuges of a scoundrel, a political loser. Evan Nappen 06:00 Every time you see these guys get into trouble or their polls are really low, they are going to advocate for some type of anti-gun, anti-Second Amendment legislation. Oh, they always come on strong when they are about to be indicted or about to have criminal charges. Then it’s a massive anti-gun push because they believe that the lamestream media are going to be the ones that lap it up and paint them in this better picture. So, they always fall back to promoting this. Here it is in the speech where he is pushing again for this ban, which was useless and worthless. We already tried it. We tried it in 1994, and it had no effect on crime, even though it was part of the ’94 crime bill. Really, the bill itself was a crime. It was a 10-year ban on new manufacture that was sunset. So that in 2004, it went away. I am sure the anti-forces at the time thought it was great to have it go 10 years because every 10 years, we can do the blood dance, and we can pass it again. Just keep gaining politically and have the issue again and again, just to enjoy and cherish our anti Second Amendment efforts over and over again, every 10 years. Isn’t that wonderful? Except they miscalc

Mar 6, 202226 min

Episode 71- Beware the Gun Show Sting

Episode 71- Beware the Gun Show Sting Also Available OnPodcast TranscriptGun Lawyer Episode 71 SUMMARY KEYWORDS firearms, gun, law, motorcycle, rifle, pennsylvania, case, serial number, unloaded, individuals, state, legal, exemption, gun laws, question, headline, handguns, guns, gun owners, lawyer SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen and welcome to Gun Lawyer. An interesting article caught my attention. And what I found really interesting about it is what the article did not say in the headline. But once you read it, it reminded me of something very important that I want to share with my listeners. This is one of the reasons that it can really help you listening to Gun Lawyer, and I want to tell you what it said. Evan Nappen 00:47 So, I saw this article in The New York Post, and what it says is the Fire Department of New York firefighter busted with assault weapon, ‘ghost gun’ parts in sting. It is an article by Susan Edelman, and the headline looks like the typical narrative and agenda of assault firearms and ghost guns and all that. And it’s typical for New York, right? And you’d say, hey, what do you expect? Until you read into it a little more, and this is the part that I want to share. It’s really the critical part here. They are claiming that this was all done, at least law enforcement is claiming this is all done, based on a crackdown of illegal guns flowing into the city. A crackdown. It was part of a multi-agency firearms trafficking investigation. Get a load of that – a multi-agency, firearms trafficking investigation. Involving in this case, the Queens District Attorney office, and the State Police. Alright, so far, it seems like it’s a New York thing. Evan Nappen 02:05 But here’s the paragraph that I found most intriguing, and I’m going to get into more detail on this. “A surveillance team tailed Martin to the ‘Oaks Extravaganza’ gun show at the Greater Philadelphia Expo Center on February 13, according to a criminal complaint filed by the Queens District Attorney’s Office.” Here’s the part that needs to grab everybody’s attention. Surveillance at the gun show. Surveillance team at the gun show. So, it raises the question, what was this, just these guys tailing Martin there and they happen to keep such a close eye on him and seeing this? Let me tell you something. In my opinion, based on my knowledge of other cases, the answer is no. Because I have other cases that I am aware of where surveillance has been set up particularly at the shows in Pennsylvania. They focus on the Polymer 80 sellers and the sellers of firearms where you can make a firearm for yourself, which has been legal in America, since before the country was a country. Evan Nappen 03:38 But now, the scary term “ghost gun” and all that, Ooooooooooo ghosts, and this fight to stop individuals from having their own firearm that they can make. Just like you can work on your own car or work on Page – 2 – of 7 your own boat. While making your own and working on your own gun is the problem in some of these areas. Of course, the laws are different state to state. So, here you have a New York guy, who is outside the jurisdiction of New York, in Pennsylvania, and this is now extending to the gun show, the Oaks gun show in Pennsylvania. Now, I know a lot of my listeners attend that show, and they come from states all over. I have had and know of similar cases arising out of New Jersey. Yes, it also has the similar prohibitions. Let me tell you this. I am highly, highly skeptical that this is just tailing individual suspects, folks. Evan Nappen 04:57 I’m going to put it out there that as gun owners if you go to a gun show and you have an out-of-state plate, you had better be extra careful, because this is the surveillance that I suspect is going on. Individuals who make purchases are actually followed to their car to see where they are coming from and then things happen. In some of the other cases I know of, the stops were based not on any kind of allegation made in this article. For example, that the person was somehow targeted in advance and followed to the show. No, just the opposite. It was the activity at the show, with an out-of-state plate that led to that individual having problems. I am not saying in this particular case. Could it have happened that he was a suspect and was followed and tailed and surveilled in another state? Sure, it’s possible. But in my position as a Gun Lawyer, I have seen and know of cases that are more than this, that took place based on surveillance. Surveillance at shows, and this is not being talked about. Evan Nappen 06:25 Notice the headline of the article is about assault firearms and ghost guns. But I bet if that headline was law enforcement surveilled gun shows, it might have a whole different impact. Well, that’s the headline that I w

Feb 27, 202228 min

Episode 70- ATF’s Valentine’s Day Massacre

Episode 70- ATF’s Valentine’s Day Massacre Also Available OnPodcast TranscriptGun Lawyer Episode 70 SUMMARY KEYWORDS atf, gun, valentine, ammunition, agency, called, biden, firearm, guns, jury, gun rights, government, people, happy valentine’s day, black talon, new jersey, handgun, assault weapon, article, home SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen and welcome to Gun Lawyer. I want to do a little Valentine’s Day wrap up here. Some interesting things happened over Valentine’s Day and all affecting or regarding firearms. They are just absolutely of worth note here, and it’s important for us to discuss it because it shows how these holidays can impact our gun rights. Evan Nappen 00:44 Let’s take a look at what ATF did on Valentine’s Day. The ATF decided that they are going to do a Valentine’s Day promotion. Yeah. Can you imagine that? A Valentine’s Day promotion by the ATF? Well, what could that be? Well, I’ll tell you about this promotion. Here is exactly what it said in a tweet from ATF headquarters. This is verified, and I am not making this up. This is not the Onion or the Babylon B. This is actually what ATF put out in a tweet. “Valentine’s Day can still be fun even if you broke up. Do you have information about a former (or current) partner involved in illegal gun activity? Let us know, and we will make sure it’s a Valentine’s Day to remember.! Call 1-888-ATF-TIPS or email [email protected].” Evan Nappen 01:39 Isn’t that wonderful? Look at what our agency here, the ATF, is putting out to the folks to make sure you rat out your spouse, or if you’re just full scorn over your ex, here’s a way to extract vengeance. The ATF is there to just help you out. Now keep in mind, folks, you’re not given immunity from this. Nowhere does it say immunity. If you start calling and the government gets involved in your life, it is amazing how suddenly you’re dragged into it, too. Because if you have the information, then the question is how did you have the information? And maybe your ex-spouse isn’t going to be really happy with your doing this? Things can go both ways, and who knows what. All in the name of, I’m sorry, what is that? Oh, enforcing unconstitutional laws, and going against gun rights, Second Amendment rights. This is pretty nasty stuff. Evan Nappen 02:48 When you see agencies asking individuals to turn in their current or former spouses or partners, it really just kind of rubs Americans the wrong way. Because we have seen in history, these type of requests and demands made by various groups and agencies to turn in your parents, turn in your loved ones, turn in those that you know. What countries have practiced this in the past? Really pushing to get family Page – 2 – of 8 and relatives and children to turn in their parents, their loved ones, and their relatives. I seem to remember, this was a mainstay of certain countries and governments during World War II, and other countries that promote communism and current countries that are extreme dictatorships. Everybody is distrustful of everybody, and it’s the government pushing this same agenda as the ATF. Although isn’t it nice how they couch it in Valentine’s Day revenge? Isn’t that professional and wonderful? I mean, look at what a great job. Maybe Valentine’s Day should be turn in your loved ones day, period. Maybe it should be promoted that way. Why should it stop with the ATF? FBI. Everybody. Evan Nappen 04:32 Of course, it wouldn’t matter for immigration. They just ignore that. Don’t worry about that. All the groups turn them in. Turn them in to every local police department or state police. Valentine’s Day should be a national turn in your loved ones day! I mean, come on. Any illegal activity, report it. Great idea isn’t it. This is what the government, through this agency, is doing. That’s their push for Valentine’s Day. This is outrageous, and it makes you wonder just how far and extreme this administration is willing to go. We have things coming around the corner here, folks. They’re going to promulgate some pretty bad regulations, and it’s going to turn millions of people into criminals, if they don’t abide and conform to these regulations. Not even laws passed by the legislature, not even through a Democrat process, but promulgated by agencies with a political agenda from the top. They want to encourage you to rat them out, man, rat them out. There is a lot of risk in this. A lot of risk for everybody. Keep in mind, some people don’t appreciate rats, right? They don’t appreciate when that happens to them. Then there are other ramifications. The government, are you going to trust them? The government that asked you to do this, are you going to trust that you are not going to be

Feb 20, 202231 min

Episode 69- In Support of the Undocumented

Episode 69- In Support of the Undocumented Also Available OnPodcast TranscriptGun Lawyer Episode 69 SUMMARY KEYWORDS firearm, undocumented, second amendment, new jersey, guns, inoperable, gun, state, gun laws, anti, attorneys fees, rights, gun rights, politicians, law, serial numbers, assault, registered, incentive, rendered SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hello, this is Evan Nappen, L2AL to everyone, and welcome to Gun Lawyer. Today on Gun Lawyer, I want to talk to you about something that you know at first, you might not agree with me, but I’m going to ask you to hear me out on the whole thing. I am going to lay out a lot of reasons here, and I think in the end, I’m going to get you to see it the way I see it. And if not, then it’s something to debate. But I want to talk to you today about why you should welcome the undocumented. Now, I understand, there’s a lot of controversy about the undocumented. But I’m going to tell you right now, the undocumented, contrary to popular belief, contrary to the media, they do not increase crime. Okay, there’s no correlation between undocumented and crime. It’s just ridiculous. The media perpetrates this myth because they are, frankly, prejudiced against the documented. I really feel we should stand up for the undocumented not fall for the media. The media likes to say that the undocumented end up contributing to Narco traffic. It has nothing to do with narcotics trafficking. Narcotics trafficking is going to take place, whether there are undocumented or not, and this is what we are seeing. Evan Nappen 01:56 Again, to smear the undocumented and to put them in this category is unfair and wrong. Let me tell you what else. The undocumented do not carry disease. The media likes to play up that the undocumented are somehow bringing disease. They like to play up undocumented as a disease. They put it into the public health arena and try to go after the undocumented, claiming this spread of disease that comes from the undocumented. The undocumented themselves are categorized as a disease and made into a public health crisis. Let me just be clear, the undocumented are not to be feared. They are not to be feared. Yet the fear mongering continues. The undocumented is put into the mainstream media to scare us and to get the general public worried and afraid. It is completely wrong and unnecessary. Evan Nappen 03:11 Frankly, the undocumented need to be protected from those that prey on them. There are many predators out there. There are predators out there that prey on the undocumented, and they use the undocumented for their own gain. They use them politically. The undocumented are used to try to gain political favor. They’re attacked by politicians to bolster their political position. Yet, it’s all based on nonsense. There is no basis for it, but it doesn’t matter. They use the undocumented for an emotional appeal to the uneducated and uninformed public. They don’t recognize that there’s benefits from the Page – 2 – of 7 undocumented. The undocumented can provide a lower cost to consumers. Yeah, there’s lower costs. When you look at what the undocumented do, it creates more competition. It creates an alternate source for the economic advantage that the undocumented can give even us as an individual. This is often overlooked and underrated. Evan Nappen 04:41 Finally, and most importantly, we are seeing that the government cannot control the undocumented. We see them try and fail, and it is just a crisis to others. Whereas those that are documented get threatened by the government actions as they attempt to go after the undocumented. So, of course, what I am talking about are undocumented firearms. I think undocumented firearms are a lot better than calling them ghost guns. Instead, we have undocumented guns. If you think about the tremendous advantage of all the undocumented guns that are out there, then you start to see why it’s so important. Evan Nappen 05:44 If you think about it, the media will not call ghost guns, undocumented guns. I think in the reverse, I really want to see undocumented individuals, people, see if the media will one day call them ghost immigrants. Do you think ghost immigrants is going to fly as we have all these ghost immigrants coming in? If you think about it, they are undocumented and that makes them ghost immigrants. We can’t track them. We don’t know where they are. We don’t know who they are. We didn’t know anything about them. Well, somehow, that entire political issue is out there for undocumented immigrants, but if you think about it in terms of firearms, you see that the very arguments that they try to use really apply even better to guns. Evan Nappen 06:43 Undocumented guns are unregistered guns, and unregistered guns continue a freedom that we have. They continue to be an insurance policy for liberty, and un

Feb 13, 202232 min

Episode 68- On the Path To Full Registration

Episode 68- On the Path To Full Registration Also Available OnPodcast TranscriptGun Lawyer Episode 68 SUMMARY KEYWORDS nfa, registration, firearm, atf, national firearms act, handguns, gun, suppressor, machine guns, law, records, taxation, nfa items, ban, federal, registered, gun rights, lawyer, fighting, act SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hello and welcome to Gun Lawyer. This is Evan Nappen, and I want to give a special welcome to all my L2AL listeners. This is how we have to be these days, and it’s something we all want to be, living the 2A lifestyle. What I want to talk about today is a big picture view of things that are going on that I find disturbing. We are seeing snapshots, but I don’t see anyone putting together the bigger picture and combining the elements that are out there. Let me tell you what I’m talking about. Evan Nappen 01:00 If any of you have ever experienced acquiring an NFA item, a National Firearms Act regulated items such as a silencer, machine gun, short barrel rifle, etc, then you know that you have to file special paperwork with the Feds on that item and that it is registered. Federally they are registered, and you pay a tax. It can be $200 depending on what the item is. This law, the National Firearms Act, is a registration process and goes back to the 1934 National Firearms Act. This Act was the first major federal gun law ever passed. So, it was the federal government passing a federal gun law in the 30s. Of course, it was sold to the public via the hysteria of the gangland violence, the organized crime, the movies of the day showing all this violence by the mob. The machine guns being utilized, the gangsters’ silencers, etc. And just like today, where the media presents us with a bad picture of firearms, they were doing that in the in the 30s. The result ended up being the National Firearms Act, and this Act was really laid the groundwork for gun laws that we have been fighting to this day. Evan Nappen 03:03 Now, the original National Firearms Act, the original national gun law for America was not what we ended up with. It is interesting, and I have read all the Congressional transcripts of the NFA and how it got into its final form. Do you know that the original National Firearms Act as proposed was a complete ban, if you will, or registration with taxation used as the way of prohibiting possession? That was the tactic. Remember $200 in 1934 was quite a lot of money, and the idea behind the National Firearms Act was to ban all handguns were prohibited in the original 1934 Act. All handguns, all fully automatic, and semi-automatic firearms were prohibited under the original NFA and all magazines over 12 rounds. That was their magic number back then. Evan Nappen 04:20 Page – 2 – of 7 After the National Firearms Act went through the legislative process, it ended up in a final form that we know today. Machine guns are prohibited but not semi-autos. Handguns were removed from the Act. It was interesting reading the progress. Originally when they were debating, they said okay, how about we just allow .22 target pistols? Twenty-two, right that caliber. Then the next thing you see, they are going to completely still allow handguns. They were deemed too useful and important. So, those were not part, and the magazine ban was dropped. Semi autos got dropped, and we ended up with what we have today. Evan Nappen 05:02 But the interesting thing is, the items that were not included in the National Firearms Act have still been the very things that we fight current battles over. We fight battles over handgun bans and restrictions. We are fighting bans and proposals of magazine prohibition. We are fighting semi-auto firearm bans under the new speak words that they use, such as assault firearm for any semi-auto, or whatever they are trying to scare you with over handguns. These are the kind of things that we see. This is the evolution. So, the NFA was a problem from the beginning, and, unfortunately, pro-gun forces at the time were naive. Evan Nappen 05:53 In the end, even the NRA supported the National Firearms Act. Now, look, that’s hindsight. I mean, looking back, you know. The NRA proclaimed in the Rifleman, at the time, we have solved the gun problem in the United States with this new law. Manufacturers themselves supported it with the machine gun prohibition, etc. They testified in favor of this. So, there were a lot of naive folks that thought this would be a good thing and a compromise and acceptable and not affect the sportsmen, etc. The same mentality that you hear the anties when they try to sell their anti-gun garbage today. And looking back, it’s easy for us to criticize, and I am not here to bash those that supported it. But looking back, we can’t ignore the truth. The truth is that it was a mistake. I’m not pointing fingers. I’m just saying we have to be honest. It was a mistake. It was a mistake

Feb 6, 202230 min

Episode 67- L2AL … Plus, President Hillary?

Episode 67- L2AL … Plus, President Hillary? Also Available OnPodcast TranscriptGun Lawyer Episode 67 SUMMARY KEYWORDS gun, second amendment, anti, lawyer, vice president, firearms, breyer, rights, avoid, gun rights, biden, guns, kamala harris, stand, freedoms, case, appoint, stores, businesses, lifestyle SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hello, Evan Nappen here, and welcome to Gun lawyer. So, L2AL. That’s my message today, L2AL. That stands for Living the Second Amendment Lifestyle. I’ve thought about this for a long time, actually, and this is one of the first times that I am sharing it publicly. I want to share it with my listeners because I think it’s something that many of us do and never put a label on it, frankly. But it’s interesting. Because when you live the Second Amendment lifestyle, when you L2AL, there are certain things that take place in your life, and how you live your life, how you guide yourself, and choices that you make. So, one of the basics right out of the box has to do with businesses that you support. If you L2AL, then you try your best to avoid anti-gun, anti-Second Amendment, anti- weapon businesses. Not only from a practical sense, because if you’re carrying your gun, you don’t want to go into these places that somehow hate you. But even more than that, it’s about giving them your business. A lot of these are big companies, but they have taken anti-gun stands. Look, I know some of these anti-gun companies, it’s impossible virtually to live without them. But I really try. Evan Nappen 02:12 If I ever have a choice between a company that is anti-gun and has done anti-gun things versus a company that has at least remained neutral and more importantly, they are pro-gun, they have done great things and supported us, those are the companies when I am L2AL that I purposely support and other ones that I purposely avoid. This extends to even magazines, newspapers, authors of certain books, and movies. When there is anti-gun propaganda in a movie, when it is loaded with some anti-gun message, when the company itself is just blatantly anti-gun or the author is out to get our gun rights taken away, I try to avoid them. I really do. Evan Nappen 03:23 Like watching TV. You have a choice of movies, and there’s a Stephen King movie. I refuse to have anything to do with Stephen King. He is a horrible anti-gunner. Look some of his stories I can appreciate, and I understand some great movies are made. But you know what; I am L2AL on it. I am not going to give him my time, my money or in any way try to benefit this person. It is just a personal individual choice. I see it in other businesses and entertainment that we frequent. It is really bad because on social media it’s really trying to have a voice. Yet a lot of these companies are so much against us. Same with banking. Those banks that went along with Operation Choke Point; trying to stop gun businesses, even financial services, places that won’t allow guns to be bought and sold even Page – 2 – of 6 though it’s a legitimate transaction. They won’t do the banking, credit card or financial transactions. I try to avoid them. Evan Nappen 04:46 There are many celebrities that I just won’t have anything to do with. Singers of songs that are just horrible left anti-gun folks that I don’t even want to hear or listen to, or in any way, give any of my time and attention. I bet a lot of you think along these lines. Maybe not formally, maybe not even consciously. But something hits you and you say, oh, this guy was a real anti-gun jerk, and I’m not interested in this person or their product or their entertainment, whatever that may be. It becomes a lifestyle, part of how we live and what we do. I consciously try my best not to participate and that’s just on that one front. Evan Nappen 05:44 Because L2AL is more than that. It also has to do with a mindset. It’s a mindset about defending yourself, about not being a victim, about being aware of your circumstances, about protecting yourself, about protecting your family, of not having a reliance completely on others. And in any way supporting a unilateral personal disarmament, or anybody else being disarmed, who’s otherwise an honest citizen. That attitude is part of L2AL as well. Being familiar with firearms, not just the guns themselves, but knowing and appreciating the rich heritage and history of owning firearms and other weapons for that matter. Of appreciating what our Second Amendment stands for and how many times through history, it has been shown to be so important to have that love for our rights. That’s part of that L2AL as well. Having that love, that dedication. Evan Nappen 07:11 You know what else. Condemning, condemning anti-gun bigots and calling them out. Whether it’s in a small setting because you are at a party, and somebody says some a

Jan 30, 202229 min

Episode 66- Smart Guns Ain’t So Smart… Plus Hollow Point Bullet Woes

Episode 66- Smart Guns Ain’t So Smart… Plus Hollow Point Bullet Woes Also Available OnPodcast TranscriptGun Lawyer Episode 66 Transcript SUMMARY KEYWORDS gun, hollow, smart, guns, firearm, nose, ammunition, exemptions, new jersey, gun rights, smart gun technology, jersey, lawyer, law, second amendment rights, exempted, technology, mandate, banning, home SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hello, I’m Evan Nappen and welcome to Gun Lawyer. This is the Shot Show week in Las Vegas. The Big Shot Show is where all the major manufacturers display their wares. The shot shows are a lot of fun. If you are able to go to one, it is a blast. There are all the new toys and all the new things to see there. And it’s in Vegas, which, of course, is fun in itself. Unfortunately, this year, I could not make it to the Shot Show, but I’ve been to plenty of them. It’s always a great trip when you go but this year couldn’t happen. Yet, I’ve been following very closely the developments because it’s at the Shot Show where the manufacturers reveal their new products, new offerings, things that are going to impact the industry. It’s great in that regard. Evan Nappen 01:22 One of the things that hit it the show by a couple of different makers is the Smart Gun. That’s right, folks, the old smart gun. A gun that supposedly can only be fired by one user. And if any of you recall watching James Bond Skyfall. Even though I’ve always enjoyed James Bond, you know that James Bond, the modern ones, are a major propaganda mill for the left. Whatever issues they are looking to push. It often has left wing, even woke things, especially the new ones put right into it. So, when you want to enjoy a modern James Bond movie, you have to set that stuff aside. But in Skyfall, James Bond was issued a Smart Gun. Here was the propaganda push. Put into Bond, which is something they do. Evan Nappen 02:32 If you recall the scene where Bond has to fight the bad guy and he takes out the gun, but he loses it in the fight. The bad guy gets the gun and is going to use it against James Bond. And lo and behold, it does not work for him because it is a Smart Gun. The bad guy is dragged off by a Komodo dragon. I think you remember that, right? But what’s funny is in the same movie, there’s a scene where there is a major attack on the Parliament. The bad guys are there, and the cops are there. Bond gets a hold of guns that are not his, and he uses them to defend against the bad guys. Guess what? If they had had Smart Guns, if the police had Smart Guns, Bond would not have been able to do it. He would not be able to actually defend them. In the very same movie, by the way. Evan Nappen 03:44 Page – 2 – of 7 So, I guess you must have the Smart Gun only on the right occasion – when your opponent might be eaten by a Komodo dragon. Then maybe Smart Guns are the way to fly. But, generally speaking, normal theory is that it is not about the gun but about the user. That is where it comes down to this. I am going to say this now about Smart Guns. You may find it a little surprising but let me be really clear here. I am pretty pro-gun. I bet you guys have noticed that I have a solid belief here in our Second Amendment rights and our right to keep and bear arms. I am not usually one that would have any support or desire to ban firearms or have any kind of gun ban or support anything along those lines. But there is one exception. There is one exception that I have. And that one exception is I want a ban on Smart Guns. That’s right. I would support a federal law banning the creation and sale of Smart Guns, so-called Smart Guns. Evan Nappen 05:09 You may say, well, why? Look, Evan, maybe for some people it’s really good for their needs and maybe it would help them. And this is what they might claim. I understand. Even national groups that are pro-gun have not taken a stand to ban Smart Guns. They are neutral. What they all are against is government mandating anyone using a Smart Gun and being forced to have it as the only gun. I can understand that. Sure, I don’t want government mandates saying that is the only gun. But the problem is that is exactly what the plan is. And it’s not just me speculating that some evil rights takers are planning to use Smart Guns to do this. They have already revealed their hand. They have shown their cards. Evan Nappen 06:07 They showed it in New Jersey by Loretta Weinberg. The notorious anti-gunner got passed and signed into law, the very first Smart Gun mandate law in the country. It was done in Jersey. It said, once there was an identification of the smart gun technology that could meet the definition under New Jersey, it became the only handgun a dealer could sell. Period. The only gun – even collector guns would have to be retrofitted with this technology. It was an absolute requirement mandate and to wipe

Jan 23, 202230 min

Episode 65- It’s All About Knives

Episode 65- It’s All About Knives Also Available OnPodcast TranscriptGun Lawyer Episode 65 Transcript SUMMARY KEYWORDS knife, randall, blade, gerber, laws, switchblade, gun, buy, flea market, swiss army knife, new hampshire, bike, rights, wrote, lawyer, model, special commemorative, ban, mortician, evan SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen and welcome to Gun Lawyer. So, I just received, and I’m very excited about it, my Randall 75th Anniversary Model 17 Astro knife. Randall is a great maker of knives. I’m sure many of you have heard the name Randall, and they came out with a special commemorative, which is rare. They rarely do commemoratives. This was commemorating their 75th Anniversary. For the 75th Anniversary Knife, they chose their Model 17 Astro. Now the 17 Astro is very a special Randall. It was a knife designed by Gordon Cooper for the seven astronauts on the Mercury Project, and it went into space. It was designed with Cooper and Bo Randall, and these were handmade. This model really has amazing space history to it. So, it made sense that they would honor it with this special commemorative knife, and it’s very cool. I love Randalls, and it got me thinking about how I got started in knives. I realized that I was interested in knives even before guns. Actually, knives were my gateway weapon. I guess that would be the way to describe it. Evan Nappen 02:01 Going way back, when did I first have a knife? I started thinking and do you know what? My first knife was when I was in Cub Scouts. About eight years old, I guess, or so – Cub Scouts. My dad gave me his Swiss Army knife. Now this was a Swiss army knife that he had acquired on his honeymoon in Bermuda. Of course, a kid with a Swiss army knife, it’s got to be like the coolest thing ever, and I love that knife. And do you know what? I still have that knife, believe it or not, that my dad gave me. It had all the cool Swiss Army Knife features, and I used it for all kinds of things, whittling and cutting and everything. Of course, I cut myself pretty good with it. Pretty much down to the bone on my thumb. You learn the hard way. All those adventures with the Swiss Army Knife were my introduction to knives. Evan Nappen 03:10 I remember somewhat after that, not too long, but a little bit after, I was trick or treating with a friend. We were going around to the different houses collecting all the candy that we could. My friend says, hey, I have a knife, and I said oh, really? What do you have? Because I have one. I have a Swiss army knife. He’s like, no look at this. He goes in his pocket and takes out this very long, thin blade, long pocketknife. What it actually was and what’s called, is a fruit knife or a melon knife. They are almost like the size of a pencil in its thickness, and the blade is pretty long relatively speaking for a pocketknife. A good four or five inches, but very, very narrow. It is mainly used for cutting melons and fruit. But I remember as a kid, he takes out this knife and he opens it up. I’m like, wow, that is really cool. Look at Page – 2 – of 8 the size of this blade. I thought that fruit knife was Neato. I did not know at the time what it actually was. I just thought it was a really cool knife with this long thin blade. Evan Nappen 04:30 So, I would go with my dad every weekend to the flea markets and specifically the Englishtown flea market, which was a really fantastic flea market in its day. My dad collected many things but focused on political items. As a matter of fact, he wrote the Warman’s Guide to Collecting Political Americana. Most of what he collected to write that book he bought at flea markets. He used his knowledge to find these things. I went with him. It was a great time with my dad on these weekends, Father and Son time. I remember going to a flea market as a kid, and I found a guy that had one of these fruit knives. It was like $4, or something, maybe two. I don’t remember. But I was able to buy it, and I was so thrilled to have one of these. I was just fascinated by it. Evan Nappen 05:32 By going to the flea market with my dad, I saw there was a lot of different sellers of different knives. So, I kind of became a knife collector, by default, and going to the flea markets. In those days, it was before, of course, all the imports from China. It was before a lot of those things. But there was inexpensive, relatively speaking, knives from Japan. In those days, inexpensive stuff came from Japan, and there was a seller that had Japanese knives; new but reasonable. He had this black-handled, stiletto-type Japanese knife. It was a lock blade, but it looked like a switchblade. But it was a lock blade but a decent size. When he showed me this, even as a kid, I was like, Oh, wow, a lock blade. Now that’s a great idea, considering I had cut my thumb with the Swiss Army Knife, and the fruit knife was not a l

Jan 16, 202235 min

Episode 64- 30-Years of Systemic Racism-Thanks Charles Schumer

Episode Episode 64-30-Years of Systemic Racism-Thanks Charles Schumer Also Available OnPodcast TranscriptGun Lawyer Episode 64 Transcript SUMMARY KEYWORDS bayonet, firearm, gun rights, law, marijuana, federal law, state, problem, individuals, gun laws, relief, prohibited, lawyer, charles schumer, felons, gun, oswald, rights, evan, feds SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. There is systemic racism in our gun laws, and this is something that is not discussed too often. But I think this is actually the time to really bring it home, particularly on one issue that just highlights the problem. And it will have the effect of either the gaining of gun rights for 10s of 1000s of perfectly safe citizens and/or call out the politicians on the other side that make these wild claims of racism all the time about everything. Yet, on this issue, the silence is deafening, and the time has come. Evan Nappen 01:21 Let me tell you what I am talking about. It is really outrageous that we have a law on the Federal books, under the U.S. Code, a law that says felons can be relieved of their disability, that being a felony conviction that bars the felon from having Second Amendment rights. They can apply in law to get what is called a Relief from Disabilities. However, this Federal Relief from Disabilities is now coming on the 30-year anniversary of it being unfunded, thanks to none other than Charles Schumer. In other words, for almost 30 years, even though we have a law that allows for individuals to get their gun rights restored, thanks to Charles Schumer, for 30 years, individuals have not been able to utilize that law, because it has been de funded. Evan Nappen 02:48 I want to get into detail and explain this here. The reason this is systemic racism is because the black to white ratio for felons is essentially five to one or six to one, given whatever statistics you are looking at. Even if we go with the low number of five to one, it means for every white felon, there are five black felons. Today our society seems to be desiring to address how blacks have been treated through the criminal justice system; how there is this disparity; how statistically it can be shown. Look, you could argue about whether these convictions are justified or not justified or whether they were based in race or not to begin with, but it is indisputable that there is this disparity, a huge disparity. And the problem is that at a ratio of five to one, blacks cannot get their rights back. The same as whites because of that ratio. Evan Nappen 04:22 Let me explain this further, because now is the time for someone, some legislator, federally to put a bill forward to fix this situation. If you look at Title 18 of the U.S. Code under Section 925, subsection c., Page – 2 – of 6 here is what it says. It says: “A person who is prohibited from possessing, shipping, transporting or receiving firearms or ammunition may make application to the Attorney General for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms, and the Attorney General may grant such relief if it is established to his satisfaction, that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety . . .” Okay, that’s in the consideration. “. . .and that the granting of relief would not be contrary to the public interest. Any person whose application for relief for disabilities is denied by the Attorney General may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. The court may in its discretion admit additional evidence where failing to do so would result in a miscarriage of justice. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector, conducting operations under this chapter, who makes application for relief from the disabilities incurred under this chapter, shall not be barred by such disability from further operations under his license pending final action on an application for relief pursuant to this section. Whenever the Attorney General grants relief to any person pursuant to this section, he shall promptly publish in the Federal Register notice of such action, together with the reasons therefore.” Evan Nappen 07:04 That is our law; it still is our law. It is still on the books so that individuals who are not a threat to public safety, where it’s not a problem in the public interest, good people who have paid their debt to society, in which enough time has gone by, and they have demonstrated that they are rehabilitated and no longer a danger and no longer a threat. They made their one mistake, they paid for it, and now they can get their rights r

Jan 9, 202228 min

Episode 63- It’s Time To Face it!

Episode Episode 63- It’s Time To Face it! Also Available OnPodcast TranscriptGun Lawyer Episode 63 Transcript SUMMARY KEYWORDS new jersey, gun, guns, revolver, state, gun laws, firearm, gun owner, law, jersey, firearms, gun rights, home, lawyer, confiscation, criminals, held, mandatory, dealing, minimalist SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hello, I am Evan Nappen and welcome to Gun Lawyer. Today I want to talk about strategies for dealing with the coming storm, particularly those that live in states like New Jersey. New Jersey’s coming storm is a wave of anti-gun laws that I know you know from the past couple of shows. We have gone into detail about these proposals. We may make it out here in this lame duck session without things getting passed, but it’s going to happen in 2022. We are going to fight hard, and we are going to try to stop it. But we have to be realistic. We have gun prohibitionists who are in political power across the board, and they hate us. You have to accept this. They hate gun owners. They hate what we stand for, and they hate what we are about. They hate guns. They have an agenda and a narrative, and they push it. We see this in these bills. As individuals, particularly if you live in a state like New Jersey, you have got to think ahead. You have got to preempt and prepare for dealing with living in that environment. Evan Nappen 01:54 If you are choosing to remain in New Jersey, then you need strategies so that you can better deal with that. Because if you don’t, you are going to end up, in the best case, just losing your guns and your gun rights. In a worst case, which is even more likely than ever, you are going to end up in state prison for a minimum mandatory term of imprisonment. Prior to that, held in the jail until your matter gets resolved, by way of a trial, or some other legal means. This is not an exaggeration. This is not hyperbole. This is for real, and that’s where this is going. If you don’t wake up and see that, you may be very sorry that you didn’t. Evan Nappen 02:54 So, I want to help folks along here with thinking about strategies and ways of dealing with what is coming our way. Now keep in mind, there already is a god-awful gun law system in Jersey that turns law-abiding citizens into criminals. It creates victims of gun laws, left and right. Remember, every gun law in Jersey is a felony level offense. Even possession of a slingshot in New Jersey is a felony. And why is that? Because it’s part of the design to make you a felon. So, if you’re made a felon, you are then disenfranchised of your gun rights for the entire country. Because you’re now a convicted felon and under federal law, you are barred from guns period. It does not matter if your conviction was for slingshot possession in New Jersey, you are going to have the same consequence. Page – 2 – of 8 Evan Nappen 04:03 Adding to this mess in Jersey are the worst and most atrocious gun prohibitionist laws you can imagine coming. They are going to, in all likelihood, pass some version or another because we really do not have blocking forces politically in Jersey to stop it. So, we are probably going to see a version of that so-called Safe Storage bill which mandates that firearms and ammunition be in separate locked containers. Every round, every bullet component, every primer, shell casing, everything be in a separate locked container. If you do not have that, then you are looking at being charged with violating that law. You are looking at Firearm ID Cards expiring after four years; so that 2 million plus or so Firearm ID Card holders are going to have to renew or otherwise be unlicensed. You are looking at mandatory registration of firearms beginning with hammering non-residents coming in and requiring them to have a Firearm ID Card whether they want to purchase a long arm or transport it or not. Evan Nappen 05:27 You are looking at a 50-cal. ban, which we discussed in detail, which is going to ban all kinds of guns in the same way that the assault firearm ban banned so-called assault firearms. We are seeing this horrible bail reform law that puts gun possession offenses in the same category as murder, so that you are going to be held. You combine all this with existing gun laws in Jersey that are so terrible, the assault firearm law, that’s an absolute convoluted mess that makes no sense. It defies logic that has nothing to do with crime or danger or safety or anything. It’s just arbitrary determination of this gun being a bad gun and this gun being a good gun with no rhyme or reason or basis in common sense whatsoever. It doesn’t matter. If it shakes out that your gun falls to the other side of that line, you are looking at being held without bail pending trial, and if convicted, mandatory state prison – three and a half years. All because you thought your Jersey legal gun was not illegal, even tho

Jan 2, 202232 min

Episode 62- NJ Gun Bill Makes Gun Possession Same As Murder

Episode 62–NJ Gun Bill Makes Gun Possession Same As Murder Also Available OnPodcast TranscriptGun Lawyer Episode 62 Transcript SUMMARY KEYWORDS gun, new jersey, gun owners, firearm, gun rights, nra, possession, charged, bill, exemption, state, fight, gun laws, unlawful possession, murder, pretrial detention, rebuttable presumption, law, individual, lawyer SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I am Evan Nappen and welcome to Gun Lawyer. I have a very important issue to talk with you folks today about. Let me tell you, New Jersey never ceases to reach new extremes in their proposals to go after our Second Amendment rights. There is now a New Jersey gun bill that makes gun possession the same as murder. It treats gun possession, simple possession, the same as murder. I need to explain this to you because it is purposely complicated; so that on quick reads, individuals are not going to understand it unless someone has taken the time to actually explain it. And that’s what I intend to do. This bill is a Senate Bill, and it is Senate Bill 4290 in the State of New Jersey. What this bill does is it establishes what is known as a rebuttable presumption of pretrial detention for defendants that are charged with committing certain offenses under the Graves Act. Evan Nappen 02:07 Now, here’s the deal. It is very misleading because it says it establishes a rebuttable presumption. Well, that doesn’t sound so bad. Who cares if it establishes a rebuttable presumption? Well, that’s because of how rebuttable presumptions work, and what it is that you are being rebutted against in terms of who has the burden of proof, what those proofs are, and what the outcomes are of this failure to rebut this particular presumption. In order to understand how this bill actually works, you need to understand that New Jersey has what is called Bail Reform. It passed bail reform. Now, if you listen to the lamestream media, then normally you are going to think, bail reform – oh, that’s where they let all these bad guys out, and it is a revolving door. They are just let out with no bail. Evan Nappen 03:04 In fact, when it comes to guns and gun owners in New Jersey, it is the opposite. They are incarcerating and holding individuals with no bail that have had simple gun charges. This is going on now. The problem is some of you may think, well, look, I’m not going to illegally possess any gun; I’m not going to do anything unlawful; so, this would not apply to me. But that’s not how it works. You see, in Jersey, the gun laws are so poorly written and so narrow in what is lawful behavior that individuals, often accidentally or unintentionally, get outside the law because the legal ability to possess your firearm, even just a simple handgun possession is based on the fact that you are within an exemption. If you are not within an exemption, then you are not lawful for your possession. We see this a lot. Page – 2 – of 7 Evan Nappen 04:13 For example, in New Jersey, the exemptions on simple handgun possession are very narrow. It includes being in your home, or your place of business or at the target range or if it’s legal for hunting. So, if you are outside those exemptions, and I mean, let’s say you take your handgun even though it’s cased and unloaded over to your friend’s house to show him. Well, there is no exemption for handgun possession at a friend’s house, and you are now looking at unlawful possession of that handgun. If you get stopped on the way or leaving or over there and caught with that gun, you are looking at a Second Degree crime with up to 10 years in state prison with a minimum mandatory three and a half years. Evan Nappen 05:01 The same penalty applies for unlawful possession of an assault firearm. This bizarrely-defined thing that has no logic to any of the criteria that is established for it. There is nothing intrinsically evil about this gun versus any other, but it does not matter. There is this matrix of features and landmines essentially that a law-abiding citizen has to navigate to know whether their gun is in factors Jersey compliant or not. If you make a mistake and your gun happens to have one extra offending feature that you did not realize was an offending feature, like a telescoping stock, because it moves two or three inches back and forth. It means nothing in terms of crime, but it can make all the difference as to whether you have an assault firearm or not. Well, now you are looking at a crime of the Second Degree, again, the same problem. Evan Nappen 06:11 So, this bill says that there is pretrial detention, which now that’s what we have, that’s what our bail reform is. Prosecutors can move to detain someone so that you are held pending the outcome of your case, until your case gets adjudicated. So, let’s say you get arrested on a gun charge because you are an out-of-state resident and

Dec 26, 202131 min

Episode 61- Mandatory ReEducation and Forced Labor for Gun Owners

Episode 61–Mandatory ReEducation and Forced Labor for Gun Owners Also Available OnPodcast TranscriptGun Lawyer Episode 61 Transcript SUMMARY KEYWORDS firearm, gun, guns, law, gun violence, ammunition, bill, gun violence prevention, anti, curio, dismissed, folks, state, case, new jersey, safe, lawyer, judge, dealer, client SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Hi, Evan Nappen Here. You’re listening to Gun Lawyer. Today, I want to talk about something really, really important and hot in the news that has implications beyond New Jersey. You see, this is a particular bill that I want to explain that I think is going to be a trend. It’s going to be something that we’re going to see cropping up all over the place in other anti-gun bills. This bill didn’t just happen. This idea didn’t just come along. This is pretty nefarious. Now, the bill itself is a “safe storage” bill, a gun safe storage bill, and it was put forward into the New Jersey Senate. It’s Bill 3757. Now there’s nothing new about mandating safe storage. As a matter of fact, requiring firearms be locked up and not accessible has been found to be unconstitutional, specifically, in the Heller decision. Evan Nappen 01:37 So, this landmark case on the Second Amendment, Heller, decided and opined, flat out that you cannot have that as a law. It is unconstitutional interference with your right to keep and bear arms, and it is an individual right. Now, of course, why should the (United States) Supreme Court declaring something unconstitutional ever stop anti-gunners from doing what they want? Right. So, they still go around proposing and trying to put for the “safe storage” bills. Basically, lock up your safety is what they are saying. This one in New Jersey is particularly bad. There is no question about that. But it has a component in it that has to be emphasized. It’s a component in this bill that has mandatory re-education for the gun owner; a re-education camp like the communists do. For real, re-education and forced labor. The individual is forced to work for an anti- gun group of the government’s choosing. It’s absolutely shocking. Evan Nappen 03:08 Let me explain first just how bad the safe storage bill is itself. Although right at this moment, because of getting the word out, it has been pulled from the Senate committee. It’s going to be back in the Assembly, and it’s not completely going away. We are going to keep battling this, and there is no question that this is going to be a continuing fight. We are essentially delaying it and delaying it and getting our forces out to understand the implications and to fight it. Well, this safe storage bill mandates that all firearms “not in use at a premises that the owner controls have to be unloaded and in a gun safe or securely locked box or container.” It also requires that all ammunition is separately stored in a separate locked box or can or container. So, even if you have one box of ammo, it has to be in a separately locked box from the firearm. If you have a firearm that you have in a quick access lockbox, Page – 2 – of 7 you know the type, you use your fingers to hit a code or it’s a fingerprint reader. It’s safe in there because you know the code and you can access it. Your gun is loaded in the lockbox; so that if you have young children, you have taken the precaution so they cannot get in because it’s only you with your ability to get into that box. You cannot have a loaded gun in a lockbox anymore in New Jersey if this bill passes. No less a loaded gun not in a lockbox. Evan Nappen 05:03 If you have a loaded gun in your safe in case somebody ever forces you at gunpoint to open your safe, you cannot have that. Your guns have to be unloaded in your safe. Even if you have a safe for other valuables, money, jewels, collectible coins, and all kinds of things, and you keep a loaded handgun in there for just that purpose in case you need to grab it, you cannot have a loaded handgun in there under this bill. So, it is an outrageous bill in and of itself. It is so poorly written, and it sets out having to lock up all the ammo. So, essentially, under this so called “Safe Storage” bill, and this is where they fool the legislators, where they put it forward with something where who could be against safe storage of guns? Gun owners are in favor of safely storing their guns. We all want to store our guns safely. But as you know, there is judgments that have to take place as to what is safe storage for each individual. If you have no young children in your house, if everybody’s licensed to carry even in your house, and familiar with guns, then your safe storage of that gun is a different level. For people who may be disqualified, don’t handle guns or too young to handle guns or have other disabilities, it’s a different world. Well

Dec 19, 202132 min

Episode 60- Beware the Comma!

Episode 60–Beware the Comma! Also Available OnPodcast TranscriptGun Lawyer Episode 60 Transcript SUMMARY KEYWORDS new jersey, gun, firearm, banned, cal, jersey, law, lawyer, anti, guns, bill, caliber, pinned, ammo, greater, dealer, registered, state, shotgun, sell SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Evan Nappen here, and you’re listening to Gun Lawyer. So, New Jersey, it just never ends. It is important that folks, whether you live in New Jersey or not, pay attention to what goes on. Because New Jersey is the experimental state where they try to get things through the legislature first. So, they can say, oh, we passed it in New Jersey and look at the great success we have had. This is how they sell it; so, what goes on in New Jersey ends up affecting the rest of the country. Then it becomes federal legislation. You can literally see it in the evolution of certain gun bills. The first domestic violence law that became the federal gun ban for domestic violence restraining orders and domestic violence misdemeanor. Well, guess who had that first? New Jersey. You’re right. New Jersey did it, and then it became a federal law. How did it become federal law? Well, guess who sponsored it? A New Jersey senator. Good, old Senator Lautenberg. No anti- gun law that he didn’t like – no such thing. We see this happen over and over again. Evan Nappen 01:45 You have got to pay attention so that we are ready to fight it and not let these things slide through. The anti-gunners have become even more devious in how they sell their evil wares. We see them doing this in different tactical approaches. Of course, they always try to find something that can trigger emotions in people. Because if they start arguing facts, they lose. They cannot ever have a factual bill that is based on something real like trying to stop crime because it has nothing to do with that. They always have to have the thing to sell it. They look for these angles all the time. Anything that they can tag it to, to get it through. That’s what they do, and we see this often. We see it recently in New Jersey where Governor Murphy is pushing a third wave of a package of anti-gun bills. He just wants to be the darling of the anti-gunners, of course, on the left. This is part of the approach and make sure you go after law-abiding gun owners. Make sure that you focus on those folks who normally are not your constituency. They are your anti-constituency anyway; so, they are happy to burn them up and go after them because they are not voting for you anyway. This is what they do, and this is how they get their red meat that they throw to their folks. It is also how they exercise more power and more control over us. Evan Nappen 03:37 So, in these New Jersey bills, there is some interesting things we can learn from. There is a proposed 50 caliber ban. So, it’s a ban on 50 caliber firearms. Because we have gone down this path a couple times before and were able to thwart it, they have tried to get even trickier and more sophisticated with Page – 2 – of 6 how they want to sell it. This current ban is extremely misleading. It says that it is a ban on any weapon capable of firing a centerfire cartridge of a caliber of 50 or greater, except for shotguns. But then, it goes on in the language to say, which shall include any metric equivalent of 50 caliber or greater, that is capable of firing a projectile that attains a muzzle velocity of 12,000-foot pounds or greater in any combination of bullet propellant case or primer. It shall also include a copy or a duplicate of any weapon that is capable of firing projectiles. That projectile that attains a muzzle velocity energy of 12,000-foot pounds or greater regardless of caliber. It says it doesn’t apply to smooth bore shotgun or rifle barreled shotgun or any shotgun ammunition generally recognized as suitable for sporting purposes by the state. Evan Nappen 05:23 At first when you see this bill and it has all this jazz about 12,000-foot pounds, it seems that it would only apply to, and not that this should even be the case, but it would only apply to the 50 BMG and that kind of a cartridge. Not that those should be banned because absolutely they shouldn’t be. But it seems to give the impression that that’s all they’re going after. But why do they have to put in that it doesn’t include a smooth bore shotgun or rifle barreled shotgun? Well, they put that in because they know that hunters, particularly in Jersey which is primarily a shotgun hunting state because they are too tightly packed for rifle hunting, would get upset if shotguns were going to be affected by this. But why is it necessary to say that? Aah, and that’s where you see their sneaky, misleading, low down, dirty trick. That sneaky, lowdown, dirty trick is a comma. That’s right a comma. Evan Nappen 06:34 You see the way it reads here; it says any weapon capable of

Dec 12, 202129 min

Episode 59- Murphy to NJ Gun Owners: BOHICA!

Episode 59–Murphy to NJ Gun Owners: BOHICA! Also Available OnPodcast TranscriptGun Lawyer Episode 59 Transcript SUMMARY KEYWORDS new jersey, gun, firearm, state, gun owners, gun violence, ammunition, dealers, register, murphy, crime, guns, firearms, law, fight, new jerseyans, registration, gun rights, bill, folks SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 Evan Nappen here, and you’re listening to Gun Lawyer. Today we have a special edition of the show. I am going to focus on what Governor Murphy recently announced as his next “shoe to drop” on gun owners. He announced an entire package today. I am going to review with you in detail to the best I can because some of the information is unobtainable at the moment. I want to give you a heads up as to where Murphy intends to take these issues and jam it to New Jersey gun owners. So, he put out a press release, and he had a press conference on this. Lo and behold, he is, of course, with the usual nonsense about addressing the nation’s gun violence crisis. It’s always gun violence. I tell you what. If you hit somebody with a golf club, can we address golf club violence. Do they ever call it that? We do it to start identifying objects here, more of the propaganda. Evan Nappen 01:39 All his bills, of course, are about gun safety legislation. Of course, none of it has anything to do with safety. But it’s gun safety legislation, and we’re getting the standard BS to fool the public. And here it comes. It’s another BOHICA moment for New Jersey and our Second Amendment rights. Murphy is claiming, “We must continue to build on that progress and make our state safer for the over 9 million people who call New Jersey home. Among other things, New Jersey has established (and this is what Murphy’s already done) a ‘red flag’ law (which is absolutely atrocious) . . . ; criminalized firearm trafficking; strengthened background checks; reduced the maximum capacity of ammunition magazines; banned ‘ghost guns’; established the Rutgers Gun Violence Research Center to identify evidence-based solutions to the gun violence crisis; and established a partnership with a coalition of states (New York, Pennsylvania, and Connecticut) to share crime gun data between law enforcement agencies.” Evan Nappen 01:44 Of course, none of what he’s done has had any impact whatsoever on crime. But it has drastically affected law-abiding citizens. It has turned more New Jerseyans that are law-abiding into law-abiding criminals who had their property seized and their rights crushed. He is not going to stop. So, here’s the next package to jam it to gun owners. Now he is working with Senator Loretta Weinberg; his partner in crime. And what does it say it says she’s making it clear that that: “As we seem to hear about nearly every week in our country, gun violence remains a menace to society. In the interest of keeping our streets safe and our schools and houses of worship secure from gun violence, we need to continue to Page – 2 – of 7 do what we can where we can to bolster New Jersey’s already existing strong gun safety laws, and to give our law enforcement agencies all the tools they need to prevent more gun-related deaths and injuries in the future.” Evan Nappen 04:15 What we have is an entire campaign of gun owner harassment launched in a fully anti-gun, Democrat controlled state. Here is what’s coming our way here, and you need to know it. Even if you don’t live in New Jersey, you need to be aware of these things because it can come knocking on your door. Nobody is safe. New Jersey is a petri dish for these idiotic laws. It is a campaign of harassment on gun owners, and it’s nothing less than that. Evan Nappen 04:49 Here we go. Murphy is going to require firearm safety training: modernize firearm ID cards, as well as require completion of a firearm safety course to receive a permit to purchase a gun or receive a firearm ID card. (S-2169/A-5030) Now, some of you may say, well, education is good; training is good. I would agree; education and training are good. But when you mandate it, control the content, and make it incredibly difficult and a huge burden, limited in what you can access in terms of even getting the courses, it simply becomes another tool of obstruction of the exercise of your gun rights. And that is what is behind it all. Don’t think for a moment that it isn’t because none of this has a drop of good faith. This is just to slam gun owners and get away with whatever they can. We are going to have training mandated. Evan Nappen 06:02 Not only that, folks. Baked into the cake here is that your Firearms Identification Card, your Firearm Purchaser ID is only going to be good for four (4) years. So, every four years, you are going to have to pay the fees, get fingerprinted to renew you card. Many of you know right no

Dec 5, 202130 min

Episode 58- Kyle’s Law and The Worry Gun

Episode 58–Kyle’s Law & The Worry Gun Also Available OnPodcast TranscriptSUMMARY KEYWORDS firearm, prosecutor, gun, law, individual, defense, compensation, claimant, kyle, prosecution, possessing, case, rittenhouse, legislators, gun laws, folks, lawyer, new jersey, antique, constitutional SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:23 Hello, Evan Nappen here and you’re listening to Gun Lawyer. So, I’m sure you watched and paid attention with great interest to the Kyle Rittenhouse case. That case was really quite a blow to the anti-gunners and those that want to go at our right to self-defense and our right to have semi-automatic firearms. I mean, just look at it. No longer can that question be raised? Why does anyone need an AR 15? Or why does anyone need a so-called assault firearm? Because all I have to say is Kyle Rittenhouse, and you see exactly why you need it. To defend yourself against mobs. Mobs that are encouraged by the left to burn and loot and create mayhem everywhere. We have seen that answer that question. Evan Nappen 01:25 But in the fallout from the trial, and people actually observing the behavior of the prosecutor in that case, a lot of folks became really disgusted, and beside themselves over the games that were played and the unprofessionalism that was exhibited, even in the gun handling itself by this prosecutor. The infamous photographs of him pointing the gun with his finger on the trigger and was not pointed in a safe direction. Other than him trying to do his remake of Alex Baldwin, I think that it was pretty outrageous. I have seen that kind of behavior before, and it’s definitely problematic. Evan Nappen 02:24 And what’s happened is that it has inspired, interestingly, some folks to put forward what is being called Kyle’s Law. Now, you know, the anti’s and others, you often see, they’ll take somebody who is “a victim of gun violence”. Of course, it is gun violence and their victim. They make some law and give it their name and do whatever. But you know that kind of thing can go both ways and that is what we have here. We have Kyle’s Law. Kyle’s Law is a very interesting idea was put forward in Oklahoma, and I believe we will see it being proposed in plenty of other states. The Oklahoma (state) senator that put this bill forward is a fellow by the name of Nathan Dahm, and he is a Republican out of Broken Arrow. It is (Oklahoma) Senate Bill 1120, and it is designed to ensure that victims of malicious prosecution are able to receive compensation. Evan Nappen 03:45 Now, that’s an interesting concept because lots of times prosecutors have immunity and are very hard to sue. But in this case, the bill proposes that when a homicide is determined to be justified, and the Page – 2 – of 6 accused establishes that they have sustained injury due to malicious prosecution, that person will be awarded fair and just compensation. It further states that to support this claim, the claimant must establish that the prosecution was instituted or instigated by the prosecutor and was without probable cause; that the prosecution had legally and finally been terminated in favor of the claimant; and that as a result of the criminal prosecution, the claimant sustained injury. Evan Nappen 04:52 Then it says about malice, which is interesting. If you heard Kyle give his interview with Tucker (Carlson), you heard him say that he believed it was with malice by both the statements of Biden and others. Malice may be established if the motive for the prosecution was something other than a desire to bring the offender to justice, or that it was one with ill will or hatred, or willfully done in a wanton or oppressive manner and in a conscious disregard of the claimants’ rights. Under the legislation, a prosecutor, get a load of this, folks, may be held personally liable to a claimant if malicious prosecution is established. Now, I want to give credit that I have gleaned a lot of this from an article in Breitbart. Breitbart is a great aggregate news site, and you may want to check them out. Evan Nappen 05:54 But think about this. The ramifications of Kyle’s Law would be to seriously put prosecutors on notice as to whether they would prosecute law-abiding citizens that have exercised their right to self-defense. It seems to be an important check on the abuse of power that takes place when it comes to this self-defense issue that is more and more important. Because look at what Kyle had to go through, even though he was eventually exonerated. I mean, it’s just horrible. Now his recourse may, in fact, be the statements made by Biden before he was President and statements made by the media; smearing Kyle and all that. But this law actually focuses on the prosecutor themselves, which is the one who ultimately makes the decision on whether or not to prosecute. Evan Nappen 07:06 So, it seems to be a well-placed

Nov 28, 202128 min

Episode 57- The BITS Myth Debunked… Plus, Byrna Weapons

Episode 57–Episode 57- The BITS Myth Debunked… Plus, Byrna Weapons Also Available OnPodcast TranscriptGun Lawyer Episode 57 Transcript Page – 1 – of 8 Gun Lawyer — Episode 57 Transcript SUMMARY KEYWORDS firearm, paintball markers, weapon, home, gun, new jersey, pepper spray, carry, law, court, tro, restraining order, victim, stun gun, due process, question, domestic violence, lawyer, case, streets SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. I received an email from a person who has a very interesting question that I want to share with you. Now, it does have to do with New Jersey’s approach and New Jersey’s law. But even if you’re not in New Jersey, it is interesting to see how this applies, how Jersey views this question, and changes that are coming. Remember when it comes to the absolute, idiotic approach that New Jersey takes to firearms, weapons and self-defense, you want to be aware of it, so you do not let it happen in whatever jurisdiction you’re in. Evan Nappen 01:06 So, here is the email. It’s from Bob, and Bob says, “My friends and I have followed you for a long time. I recently purchased the Bryna weapon. (We’ll talk about that in a moment.) I’m sure you’re familiar with it (and I am). Do you have any guidance on where and how we can carry or transport it legally in New Jersey? I’m getting confusing information.” Not surprising. It is complicated out there. “It’s not a gun as you know. It shoots pellets or tear gas and pepper spray mix with an air cartridge but looks like a gun. It came with a holster and a bag to transport it in. So, can we keep it in the car when we are in it? Or in my wife’s pocketbook or holster it? Stuff like that. No rush, let me know.” Evan Nappen 02:04 I appreciate the question very much. The Bryna weapon looks like a handgun-size firearm, but it’s not a firearm. It uses CO2, and it is similar in function to a paintball marker. It uses .68 caliber balls that look similar to paint balls, which are also majority .68 caliber paintball. But these particular balls are filled with or can be filled with, depending on which version you purchase from the Bryna company, pepper spray or a combination of OC and CS. They have different ammunition, if you will, including some solids and some low-cost stuff that will fire out of this and give you some decent range with it. Essentially, it operates like a paintball marker. Evan Nappen 03:18 So, the question that first arises is, well, is it or isn’t it a firearm in New Jersey? If we look to case law in Jersey on firearms and such, there is actually case law that has discussed paintball markers in New Jersey. Many of you play paintball in New Jersey and are probably aware that paint balls and markers, and I specifically call them paintball markers, not guns, because they are paintball markers. You want to be careful in your language. Painful markers have not been viewed as firearms. Now the Court in a Page – 2 – of 8 case, one of the more recent ones, relatively speaking, is called State of New Jersey In The Interest of GC, and it was from 2003. The court was dealing with a juvenile who shot a paintball, and the court calls it a gun, but paintball marker, at a car, and pled guilty. Then challenged on appeal whether that is in fact a firearm, and the court did hold that a paintball gun does not satisfy the statutory definition of a “firearm”. But in the same case, the Court did hold that a paintball gun is a weapon, meaning under the statutory definition, and there has to be, in this case there was not, a sufficient support to show there was a threat to harm others to support the conviction. The bottom line here is New Jersey, via the courts, views, paintball markers, not as firearms. But in fact, it can be a weapon and what determines a weapon is essentially how you’re going to be using it. Evan Nappen 05:20 So, a kitchen knife or even the back of your shoe can be a weapon if you’re using it in that manner. The question here in Jersey, comes down to: is that Bryna something that you can carry? Can you possess, etc? The fact is that since it’s not arguably a firearm, and primarily one of the definitions in firearm has to do with size of the projectile, and it is a .68 caliber. It is a designed, of course, to be less than lethal, just like paintball markers. If any of you have played paintball, you know that they sting and they can leave a welt, but it’s still not considered a firearm from that. But again, it can be viewed as a weapon. Possession of one of these in your home would come under the exemption under N.J.S. 2C:39-6.e which exempts your possession of firearms, as well as under subsection d of N.J.S. 2C:39-5, possession of other weapons. Evan Nappen 06:29 But here’s where it gets very interestin

Nov 21, 202133 min

Episode 56- The Five Lights of Anti-Gun Propaganda

Episode 56–The Five Lights of Anti-Gun Propaganda Also Available OnPodcast TranscriptGun Lawyer Episode 56 Transcript SUMMARY KEYWORDS lights, firearm, gun, anti, guns, gun owners, second amendment, gun laws, called, torture, propaganda, gun violence, gun buybacks, lawyer, gun free zone, law, grenade, safety, police, magazine SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:21 I’m Evan Nappen and welcome to Gun Lawyer. Today we are going to talk about the five lights of anti-gun propaganda. I don’t know how many of you are fans of Star Trek, but I know that myself and my brother grew up on this stuff, and it was always interesting to us. There was an episode called Chain of Command. If any of you know Star Trek, you may recall the Star Trek: Next Generation episode that aired I believe the sixth season. In this episode, which takes place in the 24th century, Jean-Luc Picard, who is the Captain of the Enterprise, ends up going on a covert mission, at which time he is captured by the Cardassians. The episode that is so amazing is the episode in which Picard, who is played by Patrick Stewart, is subjected to brutal torture and interrogation by his nemesis, who is a Cardassian, whose name in the show is Gul Madred, played by David Warner. As a matter of fact, you might recall seeing David Warner in another incredibly politically incorrect movie called the Iron Cross. Evan Nappen 02:14 But anyway, the idea here is it is a test of wills between Picard and Madred. It is just a great episode because the episode is based upon the actions of the Soviets in the Gulags. Believe it or not, it was written, understanding what the Soviets did to their prisoners in the Gulag. It was not just a torture to get information, but they also wanted to break their political prisoners. What the Soviets did was they would hold up their hand, and they would say, how many fingers do you see? They would show four fingers, and they would torture and break the person until the person finally said they saw five, even though they were holding up four. In this episode, that’s what the idea is here; to break Picard and to get him to say there are five lights when there are actually four. He succeeds in never giving in, never saying there are five, no matter how bad or how tough. No matter what the torturers are doing to him, no matter what lies they are telling because he knows what the truth is, and he will not allow himself to say, and to in any way, put forward a lie. Evan Nappen 04:00 You see, that’s what we deal with as gun owners all the time. Now, granted, we are not being tortured. At least most of us aren’t being tortured, physically, to accept the five lights that the anti-gun propagandists want us to believe. But let’s talk about some of the things that they are doing. Where they want us to say there are four lights when there’s only five. So right away, look at how the anti-gunners and their organizations promote so called Gun Safety. Yet their five lights of Gun Safety have nothing to do with gun safety, because they simply want the world to somehow believe that gun safety Page – 2 – of 6 is accomplished by anti-gun laws. So that gun safety no longer actually means the safe handling of firearms. Oh no, it is an excuse for every anti-gun law and restriction that they can come up with, and they put it under this banner of gun safety. Yet you will hear voices in the media, and you will hear this pounding from politicians that we need more gun safety laws. But you and I know, it’s nothing about safety. It’s not at all about safety. We cannot ever call their proposals, gun safety laws, or we are simply saying that there are five lights when we know damn, well, there are four. We cannot give in to their efforts to control us and break our wills, and this is what they do. Evan Nappen 06:01 You’ll see them also constantly talk about how we have to do something about gun violence. Gun violence is this other catchphrase sprinkled around like salt in anything they propose. But the fact is that gun violence isn’t necessarily bad. Now you’ve been so propagandized by the media and the anti-gunners, you may be even seeing five lights over the term gun violence, but don’t take a step back and see the true four lights. That’s because gun violence can be neither good nor bad. Because gun violence can be used to save lives, and every day, it is used for that. When you fire your gun, that is violence, that’s gun violence. But if you’re justified in using deadly force to save your life, or the life of a third party, or to stop serious bodily injury or death, and you do that, under the laws of justification that we call self-defense, then that gun violence is not bad at all. That gun violence is damn good. Because it saved your life, and maybe the lives of your loved ones as well. So, again, don’t see the five lights of so-called gun v

Nov 14, 202129 min

Episode 55- Makin’ Bacon

Episode 55–Makin’ Bacon Also Available OnPodcast TranscriptGun Lawyer Episode 55 Transcript SUMMARY KEYWORDS hunting, dog, lawyer, pig, gun, bear, hounds, boar, wild boar, knife, dirt track, blind, shot, crossbow, day, stand, evan, hill, charged, woods SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 I am Evan Nappen, and you are listening to Gun Lawyer. Well, it has been exciting to watch and listen to the Supreme Court arguments on this very, very important case. (New York State Rifle and Pistol Association v. Bruen) It sure appears that we are going to win. It is just a question of degree. Of course, you never want to count your chickens before they hatch, but I think we are fair enough here to say that it looks good for us. We have discussed the Supreme Court case and its potential impact and ramifications in all seriousness. There has been a lot of saturation of that episode of Supreme Court history. So, I do not really want to get into that today. Evan Nappen 01:07 I want to have some fun, and you know what? It is hunting season. That’s right. I want to tell you some interesting hunting stories. They are stories that are pretty dear to me. I love to get out and hunt. I have been a hunter, target shooter, gun collector, and I am completely immersed in gun culture. But I have always found that my favorite type of hunting is hunting for dangerous game. Game that has some danger. Although it is true that anything out there can harm you. One of the famous stories in Capstick’s Death in the Long Grass (A Big Hunter’s Adventures in the African Bush by Peter Hathaway Capstick) book where he talks about finding dead Africans that had a little brush buck, a small little brush buck, which had jabbed them in the stomach with the antlers. They were both dead from that little brush buck. So, just a little brush buck can kill you. Evan Nappen 02:23 But I am talking about kind of known quantities of more dangerous game, and the two hunts I want to tell you about. You will get a kick out of this first one about a boar hunt that I went on where I hunted a wild boar with just a knife. Then the other hunt, one of a number of bear hunts that I have done, was a bear hunt where the bear actually charged me in the blind. So, let’s start off here with the wild boar hunt. For this knife hunt, which was very exciting and very different if you have ever hunted with a knife. Hunting and taking game with a knife is a very up close and personal experience. It definitely gets a great adrenaline surge going, and it is interesting how the hunt is done. Evan Nappen 03:21 This was down in South Carolina, really the deep part of South Carolina, and it was a great lodge down there that was known for knife hunting of wild boar. Being a knife afficionado, I chose my weapon of Page – 2 – of 7 choice which was a Randall Model 2. This knife is a double-edged stiletto technically, and it is what Randall refers to as a fighting stiletto. When you look at the laws on stilettos, particularly in Jersey, they are prohibited unless you have a lawful purpose for it, and here I do. I am hunting with it, and I can document my hunting with this double-edged knife. So, it is an eight-inch Model 2, and it has a nice black micarta handle and nickel silver guard and butt cap. It is really balanced and sweet, and I go down there with that Randall. It is quite an adventure because first of all when I get down to South Carolina, it is a whole different culture of course for a Yankee like myself, not used to it. The guides and folks were really nice. We get down there with some other friends on a Friday night, and we are going to hunt on Saturday. Evan Nappen 04:51 The guys there said okay, it’s Friday night. What do you want to do tonight? I figured I am just going to go to sleep and get up tomorrow and hunt. But they said to me you got two choices. Yeah, man, we got two choices they are telling me. We can go to the Klan meeting, or we can go to the dirt track. And I’m thinking what? So, I said, well, I don’t think I want to go to the Klan meeting because most of them are I’m sure in the FBI, so I don’t want to go there. But I said how about we do the dirt track? I was hopeful that they were just kidding around with this Yankee. They probably were but anyway, we went to the dirt track. Now let me tell you. I did not know what a dirt track was, and man I learned it was pretty interesting. These 4-wheel drive trucks race around in the dirt and mud. It is very exciting and fun, and I am kind of enjoying that whole dirt track scene. It was great. Evan Nappen 05:44 But what I did not realize is the next morning when we are going out for the wild boars that we actually ride in one of those dirt track trucks. I was like what? So, we get in that because the hounds are let loose to find the wild boar. They are running, sniffing, and doing their thing, and we are ripping through the woods. So,

Nov 7, 202127 min

Episode 54- Alac Baldwin: What Really Happened and Why.

Episode 54– Alac Baldwin: What Really Happened and Why. Also Available OnPodcast TranscriptGun Lawyer Episode 54 Transcript SUMMARY KEYWORDS alec baldwin, the movie rust, gun, firearms, law, blank, movie, shooting, nullify, real, fired, check, federal law, unloaded, state, lawyer, preemption, squib load, anti, loaded, brandon lee, cartridge, let’s go brandon SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 Hello, I am Evan Nappen, and this is Gun Lawyer. I am sure you have seen a lot of headlines about Alec Baldwin and the accident that occurred in the making of the movie, Rust. This raises some very important things for us, little ole us gun owners and our movie stars. Things that we need to learn when these kinds of things happen. More and more information has come out about what actually did happen, and you start to see a lot of the spin that the media has put on it. I want to cut through that and really look to the best of what I have been able to glean from sources what happened there. Apparently, what happened was, he was shooting a scene. He is Baldwin, who as many of you know, is an absolute anti-gun zealot nut. He has gone around bashing the NRA, bashing gun owners, and being a total flaming anti-gunner. This adds all the more irony to the hypocrisy that is Hollywood and guns. Here this guy who for years and years has been screaming from the anti-gun playbook of we need more gun safety laws, which is what they couch anti-gun rights laws in. Evan Nappen 02:04 Well, if this guy spent less time screaming for more “gun safety laws” and actually learned bona fide real gun safety, maybe this could have been avoided. So, we are looking at this and everyone, of course, feels very sorry for the person who was killed and for the person who was wounded. That is always sad and tragic, and nothing here is meant to go against their sadness and problems. But I do want to look at what happened because we need to look at these things and learn from them if nothing else. Baldwin was filming this scene, supposedly, and he is trying to do a cross draw. It is a western, and I have not been able to identify the gun, but I am assuming it is an 1873 SAA (Single Action Army), a classic cowboy gun. He wants to do a cross draw. Evan Nappen 03:08 Now, here is the deal. This gun is not a “prop gun” that they are calling it. Or a movie gun. No, it was an actual gun. So, it is a gun that is a period gun. Okay? It is not a blank gun. It is not a soft air gun. It is a real effing gun. Okay? That is fine in a way, because if you want to be realistic and have a realistic gun, then a real gun is about as realistic as it gets. But if you are going to do this with a real gun, you have got to be extra careful. Because you know what? It is a gun. So, don’t be thinking of it as a movie prop. Don’t be thinking of it as some blank gun. No, it is a firearm, and you better handle that firearm safely. The way you would handle any firearm safely; the way you should handle any firearm safely. Page – 2 – of 8 Evan Nappen 04:09 So, he is going to do this cross draw, and they are going to film it and were trying to get the right angle. But apparently the church was creating a shadow. So, he had to move in a certain direction and do his cross draw and fire. Somewhere in the process of him doing that, it fired an actual round. It is not clear whether that round killed and hit another person or whether a couple shots were fired, and one killed her and one wounded the other. But the bottom line is, it was live ammo, and I say live ammo, not the way Hollywood calls, live ammo blanks or whatever. It was live ammo meaning genuine cartridges with real bullets on top of cases with powder and primer, that fire and eject a projectile. That is what that gun was loaded with. Evan Nappen 05:10 Now, how did this happen? How did this allegedly end up loaded? Well, apparently earlier in the day, some crew members were target shooting, target practicing, with the actual real gun. In a way you can understand the lore of it. I mean, here is a period handgun. Wouldn’t it be fun to try shooting the period handgun? Look, shooting historic handguns is great fun. It is awesome to live history and feel and shoot. But how do you do it? Safely and at a range, and you follow the protocols. But look, folks, this was not a target shooting expedition. This was a movie making set. The fact that there was any live, actual real ammo on a movie set should never happen. Period. There should never be live ammo. Even if they are going to film a scene where he is going to practice and shoot bottles. They don’t really shoot the bottles in the movie. They put a little explosive charge, a special effects guy, and the gun fires a blank. It looks like he hit the bottle, right? That is how they do it. They do not actually shoot actual ammo. At least that would be pretty risky to be doing that. They should not have live, r

Oct 31, 202133 min