Gun Lawyer

Episode 38- New Technology Turns AR-15 Owners Into Instant Felons Also Available OnPodcast TranscriptGun Lawyer Episode 38 Transcript SUMMARY KEYWORDS bayonet, firearm, picatinny rail, gun, law, problems, bayonet mount, new jersey, gun rights, gun owners, assault, lawyer, features, opinion, mount, state, pistol grip, folks, ontario knife company, defined SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:17 I’m Evan Nappen, and welcome to Gun Lawyer. Today I want to talk about something that, frankly, the powers that be did not want me to talk about. They did not want you to know what I am going to tell you next, and I had to weigh that out. But I believe that knowledge is the key to law-abiding, honest gun owners being able to defend themselves. The truth is the truth, and you need to know what you need to know so that you can protect yourself. Let me just make it clear. If I don’t tell you what I know and try to keep things quiet and secret, and then it suddenly pops with the state, people are going to say, “How come Nappen never told me about this?” And you know what? You would be right. You have a right to know and keeping knowledge from somebody is not the way to do things. I do not believe in that at all, and I am not going to start with this. Evan Nappen 01:33 You can dispute what I have to say. You could say, “Nappen does not know what he is talking about, or he is being an alarmist or a fearmonger.” I have heard it all. But the problem is that after all those things get said, I end up with actual cases and having to defend people. The fearmonger thing is wonderful to say except when you are the guy facing 10 years in State Prison with a minimum three and a half years, no chance of parole, because you did not know something that could have saved you. So, we are not going to do that today. Instead, I am going to tell all of you about how, in my belief, literally hundreds of 1000s of honest, New Jersey gun owners and for that matter, other states as well, have now been turned into potential felons. This has occurred because of an advance in technological development. It is something where the item that was created (and I like, it’s cool, it’s great idea), but it impacts the dynamic of the gun laws, and how they are defining “prohibited items”. Evan Nappen 03:09 Suddenly, things become illegal that weren’t. I am talking about a brand-new bayonet that has been developed and is being sold to the civilian market. It makes your semi-auto rifle into an Assault Firearm. You do not even have to own the bayonet in order for this to happen. Now, let me explain why this is so and lay out for you what you need to know so that you can hopefully protect yourself from becoming another victim of a gun law. The Ontario Knife Company (OKC) has recently announced a new product called a Retractable Bayonet. (www.ontarioknife.com) I am quoting now from an article by Jim Grant, (Editor, AmmoLand). AmmoLand is a fantastic news source for gun owners. (www.AmmoLand.com) If you do not subscribe to AmmoLand’s News Feed, you are missing out. I highly recommend that you lock into AmmoLand because it is great. Evan Nappen 04:32 In this AmmoLand article, I’ll quote from it here. It says, “The CEO and President of the Ontario Knife Company is quoted as follows.” Let me read this quote. “OKC has been making high-quality bayonets for the U.S. military for decades, and this new retractable bayonet design is unlike anything we’ve ever created before,” says Kenneth Trbovich, President and CEO of Ontario Knife Company. With its unique retractable feature, premium materials used and (Pay careful attention to this.) ability to easily mount to your AR, or any Picatinny Rail System, it truly is a multifunctional blade and we’re excited to launch it to the civilian market.” So, how is that significant? It is significant, not because it is a retractable bayonet, which is a cool feature, but that does not have any impact as far as gun laws are concerned. No, the key is that this bayonet mounts to a Picatinny Rail. We are talking here about a company which is one of the long time, primary bayonet providers to the U.S. military. That is who is making this. This is not even a one off, etc. This is one of the primary bayonet makers to the U.S. military who is now making this bayonet that attaches to the Picatinny Rail. Evan Nappen 06:34 The significance is that in the definition that is followed for assault firearm, there is a matrix of features that we call the “offending features”. These features are determinative as to whether it is an assault firearm or not. Now, I am going to review this with you carefully; so, you can fully understand how this works. For example, possession of an assault firearm in New Jersey is a very serious business. It is draconian beyond your imagination even. It is insanity. It carries a 10-year

Episode 37-Red Flag Law Nightmare- Biden’s not Abidin’ Also Available OnPodcast TranscriptGun Lawyer Episode 37 Transcript SUMMARY KEYWORDS red flag, firearm, guns, law, due process, licenses, gun owner, gun, Biden, new jersey, gun laws, rights, killed, prohibited, gun confiscation, domestic violence, file, model, judge, attorney SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. We are law-abiding citizens, and we always want to act as law-abiding citizens. But you know who’s not a-Biden? President Joe Biden, that Biden’s not a-Biden. He’s not a Biden by the Second Amendment. He is not a-Biden by it at all. So, Mr. Biden, who is not a-Biden, has put forward a number of things that are very dangerous for law-abiding gun owners. These proposals run the gamut, and I want to discuss in detail, a number of these things that Biden, who is not a-Biden, is doing to us. It is probably going to take a couple shows to get through it all because he has really piled it on. Evan Nappen 01:16 I want to start with Biden not abiding by the Constitution, not just in the Second Amendment, but also in terms of due process, which is really seen in his gun confiscation proposals. You may say what gun confiscation proposals is that, and I will tell you what it is. He has put forward model red flag laws. Essentially, he is putting out these red flag laws as suggestions for anti-gun states to pass and run roughshod over gun owners’ rights. Not only our Second Amendment rights, but also our Due Process rights, rights to fundamental fairness and rights to property, etc. He does not just stop Second Amendment when it comes to not abiding by the Constitution. He is going at all kinds of Constitutional rights in his proposals. Evan Nappen 02:24 What is particularly disturbing about the so-called model red flag is that it is essentially based on New Jersey’s red flag laws that are already law in New Jersey. I have a lot of experience in fighting New Jersey’s red flag laws. Today I am going to discuss with you these model red flags and just how insane New Jersey’s gun laws are when it comes to the red flag laws. This is what Biden who is not a-Biden wants to, and it is something that needs to be stopped from happening nationwide. There are many bad gun laws that originated in what I call the experiment states like California and New Jersey, the real left-wing, anti-gun, progressive states. Evan Nappen 03:31 This agenda of hating us that they have and passing these draconian, horrible laws to try them out so they can then nationalize the laws. You can see that in a number of laws that originated first in New Jersey such as the domestic violence prohibition for those convicted of domestic violence misdemeanors. New Jersey had that as a prohibited before it was put through as a national law. Of course, who put that through? New Jersey Senator Lautenberg got that through federally and imposed it on the entire country. I oppose anybody that abuses another person, that is not something I support. I do not want to see anyone suffer domestic violence. But what happened with the domestic violence law was making a misdemeanor, a low-level offense, a non- felony, a firearm prohibitor in which you lose your Second Amendment rights. All in the name of the political correctness of domestic violence and that is the vehicle they used to get it through. We have lived under it since, and it is a Federal and State disqualifier. Evan Nappen 05:02 As I pointed out, this started in Jersey. These things start in the experiment states, and New Jersey has a red flag law that is particularly bad, and I want to explain to you how this works because it is rather shocking. Red flag is kind of a slogan for what is called am ERPO which initiates as a TERPO, and then it can become a FIRPRO. So, what are we talking about here? Well, the ERPO stands for Extreme Risk Protection Order. The TERPO is a Temporary Extreme Risk Protection order, and they’re done under so called emergent resources. Then after the TERPO is issued, there is a hearing for a FERPO (Final Extreme Risk Protection Order). Evan Nappen 06:17 Let’s talk about how these things take place and the significance of them. In New Jersey, the person who can file for a TERPO is any family or household member, or any law enforcement officer. Now, if it is a family member, you do not need to even have a law enforcement officer involved. The family or household member is extremely broadly defined. It not only includes what you normally would think it would include, (husband, wife, or kids) but anybody that you may have resided with at any time in the past. So, if you had a roommate from college, they still qualify as a former household member. It is even so extreme that it covers anyone you have ever had a dating relationship with. They can go to the Court and file a TERPO against you, a Temporary Extreme Risk

Episode 36- Buybacks Schmybacks Also Available OnPodcast TranscriptGun Lawyer Episode 35 – Transcript SUMMARY KEYWORDS gun buybacks, guns, firearm, gun, buyback, dealer, law, buy, new jersey, gun owners, held, lawyer, money, possession, surrender, turned, handgun, government, criminals, running SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:21 I’m Evan Nappen and welcome to Gun Lawyer. Today I want to talk to you about the absolute stupidity of gun buybacks, so called buybacks. Even calling them buybacks is an absurdity because it is not like the government owned them prior. You bought them from a dealer or from a friend. The government never sold them to you, and now they want to “buy them back”. Think about that. A gun buyback. Isn’t that great? Imagine someone has a vehicle and you say, “I want to do a buyback”. They say, “Well, you never owned this.” “Yeah, but I want to do a buyback.” You know that it is unbelievable. Just last weekend I ran into some friends, and they told me something that I found absolutely hilarious with gun buybacks. It was in a New England state, and they were running a gun buyback. Not New Hampshire. By the way, New Hampshire actually prohibits the government from running a gun buyback. Evan Nappen 01:48 But in other New England states (I am sure you can imagine where) they do not prohibit gun buybacks. My friend shows me this huge stack of gift cards from a food store, and I’m like, “What the heck?” What are you doing with them? A stack of food store gift cards; four or five inches thick. He says they held a buyback, and they paid for even BB guns and air pistols at the buyback. I said, “Are you kidding?” Here is the sweetest thing about it. He has $3,000 to $4,000 in these food store cards, which is just amazing, and he got them for BB guns and air guns that he bought from police auctions in that state. The police get these lots of air guns and BB guns, bicycles and everything else to sell. There is a giant crate of air guns and BB guns, and they are all busted, screwed up and in a mess. He buys them for a buck a piece or something ridiculous, and they are paying $30 to $50 bucks per BB gun or air gun. Literally, the guns that he bought at the police auction. For once a gun buyback is a bona fide buyback. Yes. That is a buyback. I agree. Finally, we actually hit truth in buybacks. I think that is just the best thing going. Just wonderful that they dispose of these BB guns and air guns at police auctions, and they then buy them back. It is incredible, just incredible. Anytime you hear about gun buybacks, the normal thing to say is, “How can they call it a buyback when they didn’t own it in the first place.” But there are wonderful exceptions to that. Wonderful exceptions. Evan Nappen 04:16 When you look at a gun buyback program, the other thing that I am amazed by is they say, “Turn your guns in. No questions asked.” No questions asked. I see that and I go no questions asked. What it says to me is, “Hey, if you are a criminal and you have a crime gun, a gun used in any kind of crime, the government will dispose of it for you. The government will destroy the evidence for you. They take it with no questions asked. Isn’t that great of them? Running an evidence destruction program with no questions asked. Boy, that’s just super-duper, and that is what they do. Yes, bring your evidentiary guns that were used in crimes, murders and all kinds of mayhem. No problem. We will dispose of them for you, and we will even pay you for them. They will pay you to dispose of crime guns. They should call it crime gun amnesty because the so-called buyback is used in this magnificent way of screwing cases where real criminals could be prosecuted. Evan Nappen 05:45 This is the other amazing thing when they do this, and I always get a kick out of it. A lot of gun owners will take full advantage of so-called buybacks. They will take all their junk guns that you could not even get 10 bucks for it. They are busted and crappy. Not even wall hangers. They take these clunkers, and they get $100 per handgun which is a piece of crap. Real rifles, they pay $100. You can see the folks that do it. They bring these crap guns that no dealer would ever buy, and they could not get rid of. They walk away with hundreds, if not thousands of dollars. One of the guys did that and got the money. Then he went to the gun store and bought a brand-new AR with the money from the gun buyback, which is just sweet. It just warms my heart when I see that. It is just great. Evan Nappen 07:01 I have seen other guys do this. They bring slam bang shotguns. They took some pipe and put it together. For five or six bucks worth of materials and old scrap, and it is a slam bang shotgun. Then they go and trade it in for all this money or goods or gift cards. It is just absolute garbage, and they buy

Episode 35- Knife Liberty and the 2nd Amendment Also Available OnPodcast TranscriptGun Lawyer Episode 35 – Transcript SUMMARY KEYWORDS knife, switchblade, ban, law, new hampshire, gun rights, assisted, opener, freedom, blade, gun, states, rights, fight, guns, automatic, repeal, lawyer, firearm, moms SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I'm Evan Nappen and welcome to Gun Lawyer. I just came back from the Blade Show in Atlanta (Georgia). That's one of my favorite places to go. It is the largest blade show in the world. They sometimes call it the International Cutlery Fair, but it is basically 1,000 tables of everybody who's anybody in the world of knives. I have always been a big fan of knives. I like guns. I like knives just as much, and I have quite a background with knives. When I was in college, I worked in a knife store. I worked at Herders Cutlery in the mall. In the old days we used to actually have a knife store in the mall. Can you imagine such a thing? We are lucky there is even a mall around these days. While working in Herders Cutlery, I met the love of my life. I met my wife who worked at Friendly's Restaurant and that is how we met – in the mall. What a story, huh? There you go. But it has always been a subject that I love. I love knives. No question about it. There are many of you out there, I am sure, that are similar fans of edged weapons of all types. The Blade Show is just the ultimate in edged weapons. Evan Nappen 01:55 In my career, I have had many different cases dealing with knives, and I have been on the forefront of many of the fights for our knife rights. Remember, the Second Amendment is the right to keep and bear arms. It is not the right to keep and bear guns. Arms, of course, includes knives. So, it is a Second Amendment issue. Absolutely. It is a Second Amendment issue. It is even recognized in the seminal landmark Second Amendment cases like Heller (District of Columbia v. Heller, 544 U.S. 570 ) and McDonald (McDonald v. Chicago, 561 U.S. 742 ). There is commentary about knives as well being protected. It is an area that is astounding in its success, believe it or not, in terms of the fight for knife rights. I am going to get into that in a little bit because it is really worth noting and understanding. Evan Nappen 03:01 In many ways the Knife Rights movement is absolutely outshining and outstripping the gun rights movement, and there are many reasons why that is. It is great that these successes are taking place. However, New Jersey is one of the minority of states left that still bans possession of a switchblade, dagger, dirk, stiletto, etc. They do have those bans, but there is an exception in New Jersey's law to the ban. It has to do with whether you can show (the burden is on you, as a defendant, isn't that nice) that you have a manifest lawful purpose for why you might have this item. If you can demonstrate that, then you get yourself within the exemption. Evan Nappen 03:59 I had one case where a fellow was arrested and charged with possessing, basically a wonderful collection, a $25,000 collection of switchblades. Today we call them automatic knives. Switchblade is kind of an old vintage term, but it is still in the law, so we have to still use it. He was charged, but I was able to show that he was a Collector. Every knife had a historical, otherwise artistic, or mechanical uniqueness to it that made it a collectible. I showed that he subscribed to collector magazines including Blade Magazine and that he belonged to Collector Clubs, including Arms Collector Club. Evan Nappen 04:48 We painted the entire picture, very clearly, that he was a collector and that he had these knives possessed for that purpose. I was able to get him inside the exemption, and believe it or not, in the State of New Jersey, we got the charges dismissed and his knife collection returned. It was quite a fight, but we were able to do it. On one hand, it was great to save him and his collection, but on the other hand, it is really ridiculous that these laws put a burden of proof on the owner to prove that they are within some exemption. Evan Nappen 05:31 That is why in New Jersey, we say "You are guilty until you prove yourself innocent." That is actually how the law works. It switches the burden on to you to prove your innocence. Now, for those of you who do not live in New Jersey or have residences in other states or vacation homes in other states, every state has its own or lack of knife laws. There is, of course, the Federal law that we will talk about in a minute. The question is, how are things going in terms of state law, and the Knife Liberty Movement? This has always been a passion of mine, and in 2010, I saw an opportunity in New Hampshire because New Hampshire still had a knife ban that prohibited switchblade dagger, dirk, and stiletto. And I said, this really needs to be repealed, and I think that it could happen in New Hampshire. Evan Nappen 06:40 So, I spearheaded the effort

Episode 34- Top 10 Dumbest Ways To Get In Trouble With Your Gun Also Available OnPodcast TranscriptGun Lawyer Episode 34 – Transcript SUMMARY KEYWORDS gun, firearm, handgun, lawyer, cases, improperly, law, unloaded, trouble, new jersey, charged, state, guns, accidental discharge, lead, transporting, criminal, registration, lose, problem SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I am Evan Nappen and welcome to Gun Lawyer. I do these shows to help protect fellow gun owners. I was thinking about that issue just generally, and I realized that here is a show that I really, really need to do. What we are going to do today is the top 10 ways that you can get in trouble with your gun. We are doing the top 10 of how to get in trouble with your gun. This is based on over 30 years of experience as an attorney practicing Gun Law and the actual ways that I have seen people get into trouble. Evan Nappen 01:06 They were facing criminal charges, loss of their Second Amendment rights, loss of their guns, having their lives, careers, and dreams destroyed. If any of you are desiring any of what I just said, I am going to give you the top 10 ways to achieve that — to have your life ruined, your dreams destroyed, lose your guns, and lose your gun rights. Of course, the other way to look at it is maybe you do not want any of that to happen, and you want to be aware of these problems. Let’s jump right into it. Evan Nappen 01:46 Number 10 of the top 10 ways to lose your gun rights and get in trouble with your gun is to Voluntarily Register it. Yes, I am not kidding. There are many states including New Jersey that allow for Voluntary Registration. Now let’s examine the first word there, Voluntary. What does that mean? It means that it is not required. Folks, when it comes to your guns and the law, if there is anything in the law that is “not required” (Okay, maybe you need to write this one down. Ready?) Don’t do it. Why do you not do it? Evan Nappen 02:33 Because if you voluntarily register your guns, they are aware of your possession of a gun, and you have registered it. So, now they can target you for confiscation, seizure, and question even how you acquired your firearm. Part of the registration form is to tell the authorities where you got it and how you got it. So, basically, you are now admitting your acquisition which often is unlawful under the state where you are voluntarily registering it. Then they will use that to prosecute you. How do I know this? Because of actual cases that I have had. Voluntary registration is voluntary. Leave it at that.     Evan Nappen 03:30 Some people say, “Well, I want to register it because it looks good.” Even if we take that to extreme. Why? What are you having to lose, you have to look good, too? Let’s just say it is your primary self-defense gun, and you want it to be registered so you voluntarily registered it. I can maybe understand the logic, but it’s not the legality of it. Since registration is not mandated in New Jersey, for example, it is irrelevant to your use of it. It is irrelevant to that. So, why do it? Sometimes, I guess if you can get out to the jury that the gun was registered, that somehow that adds a nice flavor to it. But there is nothing legal required. If it is not required and it is voluntary, why do it now? Evan Nappen 04:31 In New Jersey, for example, when you purchase a handgun, the handgun purchase form is a form of register. So, that is a registered handgun because of the acquisition that took place in New Jersey. In that situation, if you are looking for a primary self-defense gun, then go get your Permit to Purchase and now you have a great excuse as to why you need to buy another gun. Which, of course, is something we always want to do and that would be a registered handgun. But it is done via the acquisition and purchase through New Jersey law. That is a smarter way to do it, if for some reason you feel a desire to have registered guns. Evan Nappen 05:14 I advise seriously against registration and oppose schemes of registration. There are four words that adequately describe what registration is about. Four (4) words for Registration. Number one is Legislation. That is how they are going to get it. Number two is the Registration, and what comes after that? Well, that is Confiscation and after that is Extermination. That is the pattern you see repeated all throughout history – Legislation, Registration, Confiscation and Extermination. So, let’s try to avoid history repeating on us. Evan Nappen 05:57 Number nine of the top 10 ways to get in trouble with your gun is to store it improperly. Yes, I have seen many, many different cases that ended up becoming cases because of storage issues. The storage problem can relate to a second one on our list as to how to get in trouble. When you improperly store a firearm, there may be others that can access it that should not. It

Episode 33- Is FaceBook colluding With the Chi-Coms and ATF to Entrap Innocent Americans? Also Available OnPodcast TranscriptGun Lawyer Episode 33 – Transcript SUMMARY KEYWORDS warrant, case, gun, facebook, lawyer, law, glock, andrews, gun owners, criminals, fourth amendment, gun rights, home, search, silencer, shipped, backplate, ads, seize, evan SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:21 I’m Evan Nappen, and welcome to Gun Lawyer. I don’t know how many of you are on Facebook, but I bet a lot of you are. Facebook is problematic, to say the least when it comes to talking about our issues, and it’s hardly a great bastion of free speech, that’s for sure. I can’t tell you how many times I’ve been put in Facebook Jail, good grief, and not for doing anything but making political speech. But you see political speech is not part of their so called “Community Standard”, even though it is part of the First Amendment, but who cares about that, right? So, this is what we deal with. Facebook is very harsh in how they regulate, cut people off, silence people, and ban them and all these things for what essentially becomes political speech that they do not like. Evan Nappen 01:15 The argument goes, “Well, they are a private company. They can do what they want.” Maybe they can; maybe they can’t. The thing that is really annoying to me, and it directly affects gun owners, is that Facebook allows these video advertisements to appear in your feed once they know that you like to look at gun stuff. The limited gun stuff they allow even to go on there. They allow video advertisements to buy products from Communist China. The Chicoms are selling items that are illegal and prohibited under the National Firearms Act. It is outrageous. Evan Nappen 02:11 Individuals purchase such items, not realizing they are illegal, and when it comes in from China, it gets intercepted by Customs and Homeland Security. They do a “controlled delivery”, and then search and arrest you for possessing this unlawful item that Facebook allows to be regularly advertised on it. Imagine if Facebook let the Chinese Communists run video ads to order an energy supplement from China that happens to be cocaine. It is an energy supplement, and it will come right to your door. Think that is okay for Facebook to have those kinds of sales online? Of course not. Evan Nappen 03:07 Well look, Facebook has a video ad for an auto sear for a Glock. We are talking about a drop-in, replace the backplate, push button, auto sear. Any person can switch out their backplate and drop this auto sear in, and it turns your Glock from semi auto to full auto. It makes your Glock 17 into a Glock 18. Just that piece alone is prohibited as a Machine Gun under the National Firearms Act. Yet, every single time I am scrolling through the newsfeed, there is the ad to sell this backplate that even says Glock on it. They are even putting Glock’s logo on it and selling this piece like it is legit. It is complete contraband, folks. Complete contraband. If these things are ordered and shipped, they are going to be tracked, and you are getting busted. You need to know that you cannot order these. As a matter of fact, one of their gambits, the Chicoms are selling this thing to go on Soft Air Glocks, but amazingly, it fits real Glocks. I mean, good grief. It’s absurd. Evan Nappen 04:38 What are some real cases that have occurred from this? Well, there have been a number of people. I have a case right now, the Moran case, where my client ordered solvent traps. Sorry. That’s the other Gambit. This case is about fuel filters. Fuel filters are alleged to be silencers, and Homeland Security did a controlled delivery. Guess how they were bought? From the Chicoms via a Facebook ad that is constantly being shown. So, Facebook is aiding and abetting the Chicoms by taking their money and putting these ads into their platform that set up otherwise law-abiding Americans to be raided and arrested for the unlawful sale of goods by China. Evan Nappen 05:40 In the Moran case that we are fighting now, he then got charged with counts by the State and with Homeland Security all involved in this. He is not the only one. Recently, there was such a case out of West Seneca, New York. In that case, John Andrews bought the same thing that my client, Moran, purchased. And guess what? There was a controlled delivery, and they raided and charged him with “ghost guns”, the silencer and all this stuff. But Andrews’ gun accessory was a solvent trap as opposed to the fuel filter Gambit. The solvent trap is how they set him up and went after him. Evan Nappen 06:43 What I really find interesting in this case is what the Court said. The Court knocked out all his charges because of the search being bad. What the court found was a problem with the warrant. The West Seneca Police Detective who got the warrant to go afte

Episode 32- The 1st Second Amendment–they don’t want you to know about. Also Available OnPodcast TranscriptGun Lawyer Episode 32 – Transcript SUMMARY KEYWORDS gun, firearm, inhabitants, declaration, officer, lawyer, courtroom, arms, bag, colonists, great britain, new hampshire, people, province, find, gun rights, permit, judge, case, pulled SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. Today I want to tell you about a case that actually got me what I call a Matlock moment. It is absolutely one of those unbelievable cases, but it really did happen. This case occurred in the state of New Hampshire, and it goes back to before New Hampshire passed what is called Constitutional Carry. No permit is required to carry in New Hampshire as in 20 other states. You can carry concealed or open handgun, or even other firearms, depending on which state you are in, without any license or permit. That is how it was meant to be. Evan Nappen 01:17 Prior to that New Hampshire had a carry permit that you needed to get. It was required if you were going to carry a handgun, loaded and concealed on your person or loaded in a motor vehicle. So, I had a client who was actually being harassed by police for his political activism and other things. It seemed apparent that they were, “out to get him.” Regardless, the fights that he had were handled, and all went along fine. Then one day, he went to a dentist appointment, and he had some tooth pulled. His whole mouth was sore and swollen. His fiancé picked him up in their vehicle. He was in the passenger seat, and he was kind of achy and a mess from his dental work. She is driving, and one of the local police that have been on his case, pulled them over. The pretext for pulling them over was not even any traffic offence, but rather to “warn him to stay away from a particular area where he was going regarding his political activism.” Evan Nappen 02:45 So, in pulling them over, they ended up pushing an issue into a search. And lo and behold, they find, behind the driver, who was his fiancée, a loaded handgun in her bag. Now she had a New Hampshire carry license. She bought this gun. It was her gun. It was in her zipped kind of computer bag behind her seat. That was her bag, and she was driving her car. Okay, so it seems pretty clear who this gun belonged to and who was carrying. Now my client was not a prohibited person, but he did not have a New Hampshire carry license because he did not believe in getting one. Eventually, I guess he was proved correct because we got Constitutional Carry. But he did not have one, and it wasn’t his gun. He was not thinking about that gun which was hers. Evan Nappen 04:01 So, when they find the gun, they end up charging my client with possession of a loaded handgun in a motor vehicle. Now he is simply a passenger. He did not access this gun. He had nothing whatsoever to do with guns when they got pulled over. Yet the officer concocted this theory, if you will, that somehow, he was also a possessor when it was not in any way within his domain and control. It didn’t matter. We ended up going to trial on this in District Court. The Officer was hardly the sharpest tool in the shed. The charge was possession of a loaded handgun in a motor vehicle. It was really something because when they pull out the evidence of the gun, the evidence bag that contains the gun has the gun in battery. The slide is completely forward, and there is no safety device on it whatsoever. There was no wire tie through the barrel. There was nothing but a firearm rolling around in a plastic bag. The charge is that the gun was loaded, and this is now in an evidence bag in the courtroom. Evan Nappen 05:57 Not wanting to get shot by the mishandling of a gun and realizing that this is absurd that the evidence has been improperly handled, I immediately object and say that this firearm needs to be rendered safe. It needs to be clearly safe and cleared for that matter and not rolling around in a plastic evidence bag with the action closed. No one knows what the status of this gun is other than a charge that it was loaded. The judge, who was a retired Marine and knew about guns, immediately said, “Counsel, we are going to clear the courtroom”. The judge cleared the courtroom, and he ordered the officer to clear the weapon, make sure that it was visibly safe, and properly in the evidence bag. And that is what happened. So, the officer cleared it, and made sure it was empty, the whole bit. Now it was wire tied so that everyone knows the firearm is not a loaded gun bouncing around in a plastic bag. Evan Nappen 07:14 When we got back in the courtroom, the judge says, “We are back in session, and back to the prosecutor. Okay, now, I’ll hear you.” This prosecutor then says, “Well, now that we have satisfied Mr. Nappen”, like that, and I’m like, What?

Episode 31- Moving with Guns Also Available OnPodcast TranscriptGun Lawyer Episode 31 – Transcript SUMMARY KEYWORDS state, new jersey, law, gun, criminals, gun laws, rogers, lawyer, protect, guns, gun owners, evan, fight, case, firearms, transport, federal gun laws, holsters, carry, destination SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I am Evan Nappen, and welcome to Gun Lawyer. On today’s show, I want to tell you about one of my early cases. I had been practicing gun law for about five years, which is kind of still early. This goes back to believe it or not 1992, 29 years ago. The reason I want to talk about this case is that nothing has changed. It has gotten worse in New Jersey. It really illustrates the problem when you have an anti-gun state that is hell bent to turn law-abiding citizens into criminals. This was one of my early ones, and it really is interesting. It was written up in the American Rifleman magazine and it was on the cover in 1992. The headline was “New Jersey Assaults Desert War Hero”. In fact, that is what New Jersey did, and the title of the article is still appropriate today. “Welcome Home, Go to Jail.” Evan Nappen 01:43 Let me tell you what this case was about. This case was about a fellow whose name was John Rogers. Now, we called him Rick, and John Rogers was a hero. Still is a hero. Let me tell you a little about his background. He was in Desert Shield, and he was a member of the 101 Airborne. He was part of the elite Pathfinder Detachment. He is qualified sniper. He took Top Honors at jump school, and ranked number one among 1500 NCOs at Fort Rucker in Alabama. He had a training mishap that could have ended his deployment in the Middle East. He got hung up on concertina wire, and he required 57 stitches. They thought about shipping him out. But no, not Rick Rogers. He stayed in. He insisted on staying the course. Evan Nappen 02:56 Desert Shield, as you may remember, became Desert Storm. Hours prior to the main air assault in Iraq, small groups of Pathfinders were sent in. They were the recon eyes and ears for this assault force. They penetrated behind enemy lines, and Rogers was one of those folks. He was one of the first soldiers of the 101st Airborne to touch down on Iraqi soil. His job was to bring the anti-Iraqi forces in to support the attack and set up a forward base of operations about 98 nautical miles behind enemy lines. This is the kind of guy we are talking about here. He was discharged in ’91, and he received the Bronze Star. He was rewarded for exceptionally meritorious achievement while engaged in combat operations against the enemy of the United States. Evan Nappen 04:21 Little did he know that when he came to New Jersey, he would again face an enemy of liberty. What happened was he had to come to Jersey. So, in advance, he called the New Jersey State Police. He listed guns that he owned, and the police told him what to get rid of and what guns to alter. Remember, this was early under the Jim Florio assault firing ban of ’91. He was forced to part with his Colt AR-15 that he had used to maintain his incredible marksmanship skills with. He said at the time that he conformed to every dictate. He asked if he had to register anything, and they said no. He could transport his firearms from one residence to another and that is what he was doing. Evan Nappen 05:16 Mr. Rogers left from Florida. He had his motorhome, which was registered to Florida. He loaded his belongings and went to move in this manner. This was in 1992. He and his brother who was in another car. The brother got pulled over for a traffic violation. Rogers also pulled over because his brother was stopped. Next thing he knew, they walked back to the motor home. The State Police ended up searching the vehicle and arresting Rogers for firearms that were lawfully his. He had made every effort to conform to Jersey law, and it did not matter. They arrested this war hero and put him in prison, actually jail. At the time, it was a $5,000 no 10% bail to get out, and he eventually did. Evan Nappen 06:28 I want you to think about how a genuine war hero, who served this country and put his life on the line, was treated by New Jersey. What was done to him those many years back, and the fact that this is a continuing problem. Yet, you do not hear about this in the lamestream media. They do not talk about how gun laws turn law-abiding citizens into criminals. They don’t talk about it. In fact, since 1992, they have increased the penalties. They not only were felonies back then, but they went from the Third Degree (where you face five years in State Prison) to Second Degree where you face 10 years in State Prison, with minimum mandatory penalties of up to three and a half years required, minimum, the judge has no discretion. Evan Nappen 06:28 We fought these charges against Rogers, who had his guns cased and unloaded, following every dictate. Eventually we w

Episode 30 The Perils of Non-Resident Carry Also Available OnPodcast TranscriptGun Lawyer Episode 30 – Transcript SUMMARY KEYWORDS states, law, carry, case, new jersey, gun laws, license, certiorari, gun, second amendment, challenges, firearm, new york, prohibited, lawyer, individuals, resident, rights, constitutional carry, handgun SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. So, we have some exciting news to talk about today. It really is exciting because I have really dedicated my entire career fighting for gun rights and the Second Amendment. It started way back in 1982, believe it or not, before I was even in law school. When I was in college, I ended up writing papers for some classes, and they ended up becoming a book. The book was published, and the book actually helped me get into law school. It was called Concealed Weapons – How to Get Your Permit to Carry. So, it is a rare, Evan Nappen book. It was published by Guns magazine back then. Evan Nappen 01:21 I studied all the concealed carry laws at the time. The only so-called constitutional carry state (we didn’t even call it then) just a state that did not require any permit was Vermont. I looked at things, and I really was very critical of states like New Jersey that were so restrictive and terrible. It really infuriated me about how New Jersey has treated its citizens where they would rather see them be victims of violent crime, instead of defenders against violent crime. Of course, that’s New Jersey, and there is still a number of other states that restrict your ability to get a license to carry. Of course, they are light years away from constitutional carry. Evan Nappen 02:15 Another one of those states is New York. They have a lousy system there that requires a showing of need. And you see that is where they get you. That is the point. When you try to get your carry license in New Jersey, you have to show justifiable need. When you try to get a carry in New York, you have to show what they are calling a special need. And this need has to be more than a generalized fear of a need for self-defense. They will not accept that. As many of you may have heard, the Supreme Court of the United States granted certiorari, meaning they will now decide a case that challenges the New York carry license law. Evan Nappen 03:11 This is extremely exciting because they have not done anything of significance since Heller and McDonald cases in 2008 and 2010. We have been waiting. We have had many attempts at getting the carry licensing laws that restrict individuals from being able to protect themselves to get them to accept and grant certiorari. The reason that it was not granted is that in order for the Supreme Court to review a matter, it takes four of the nine judges to grant certiorari. Remember, it takes five or more for a majority opinion to win. Although for a long time, we have had four judges, the understanding is that we did not have five because of Justice Roberts and his evolving position. Evan Nappen 04:19 It ended up that with President Trump getting three justices appointed including Amy Coney Barrett, that gave five solid pro-gun justices. Six if you add Roberts, which we are never quite sure what he is going to do, but with five, it is a win. Now they have accepted a case that challenges New York’s carry law, and this has tremendous significance. Even though this case was accepted and is pending, my firm has a case before the Supreme Court requesting certiorari. It is the Russell case and that case challenges New Jersey’s carry license law. This challenge justifiable need in New Jersey. So, I am hopeful that the Court, now that they have accepted the New York case, will hold the Russell case until a decision gets made. This is most likely what they will do. They could even accept cert on the Russell case and have multiple cases in case they are worried about New York pulling a fast one, like they did on the last New York case. Evan Nappen 05:33 That case which they did accept had to do with being able to transport your firearm outside of the Boroughs of New York. Even though the court granted certiorari on that and we thought, hey, we are finally going to get a Second Amendment decision explaining these parameters on our rights. New York repealed that law on purpose to moot out the case, and they succeeded in making it moot. Well, now with this challenge, it would be a lot more difficult. They would have to repeal the need provision, which would then open it up for anybody to get their carry license without having to show this need. So, I do not think they are willing to do that. Evan Nappen 06:18 Even if they are, then the Russell case on New Jersey is in the wings and waiting. So, it is pretty cool. There are other Second Amendment challenges that are moving ahead as well, and this is an exciting time because the potential on this case, is incredibly sign

Episode 29- Top 12 Dumbest Gun Laws in America Also Available OnPodcast TranscriptGun Lawyer Episode 29 – Transcript Gun Lawyer Episode 29 Transcript SUMMARY KEYWORDS firearm, new jersey, gun, gun laws, resemble, ban, law, dumb, gun free zone, lawyer, mag, guns, criminals, fire, serial number, dumbest, new jersey’s, absolutely, slingshot, crime SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I am Evan Nappen, and welcome to Gun Lawyer. Today we are going to have a good time because we are going to talk about the top 12 Dumbest Gun Laws in America. That’s right, we’re doing the top 12 dumbest gun laws in America. I have fascinating news for you. They are not all from New Jersey. Now, of course, New Jersey is the champ of dumb gun laws, and many of them are from New Jersey, but not all. Let’s start our countdown with number 12. You may find that some of these dumb laws, you may not even realize they are laws, but they are and are they dumb? Evan Nappen 01:05 So, number 12 does go to New Jersey because it is New Jersey’s covert firearm ban. Many folks probably don’t realize that New Jersey under our Governor Murphy signed into law, a covert firearm. Now what exactly is a covert firearm? A covert firearm means any firearm that is in the shape or configuration such that it doesn’t resemble a handgun, rifle, shotgun or machine gun. What does that even mean? What is resemble? It is not limited to a firearm that resembles. Now, what does resemble mean? Resemble a key chain? A pen? A cigarette lighter a cigarette package? A cell phone or a smartphone? Wallet or cane resemble it. I mean that is such a wonderfully fine-tuned criminal law right there. Does your gun resemble? I mean what is resemble? It’s idiotic. “Well, that is a jury question, obviously.” I mean what the hell. Evan Nappen 02:16 Of course, it wraps into it the North American Arms .22 revolver that some might argue resembles a pager when it has that folding grip. Well how about the Life Card? The Life Card is a .22 pistol but it’s a kind of a square and then you open it. It is a single shot. The Life Card looks like a card. Does it resemble a firearm? Whatever that means. The Braverman Stinger that looked like a pen, but it was not. It took two steps. You had to pull it apart and that it made it look like a gun. So, what part? Does it have to resemble a firearm only when it is ready to fire? Or what if it doesn’t resemble a firearm until it’s ready to fire because that’s what that one is. Of course, New Jersey covers antiques, too. So that covers antique guns like antique black powder. Do you know many configurations there are of this? Evan Nappen 03:11 But wait. New Jersey did not stop there with their covert firearm ban. Of course not. That is not vague and ridiculous and absurd and dumb enough for New Jersey. They also banned possession of any firearm that is enclosed in a container or covering that is designed or modified to allow the firearm to be fired while so enclosed. And that disguises or obscures the shape of the firearm so that it does not resemble (oh, here we go back to resemble) a handgun, rifle, shotgun, or machine gun. Oh, that’s a good one. Evan Nappen 03:49 So, let’s think about this for a minute. Obviously, the legislators didn’t think about it for a minute. But let’s think about it. A firearm enclosed, right? It’s enclosed that disguises or obscures the shape of the firearm. Well, it doesn’t say anything about how big the enclosure is. So, what if I am shooting out of a hunting blind? Wait a minute, I’m completely obscured, and my gun is in the blind. You cannot see anything resembling a firearm. Yet, when the duck goes by, bang. It fires right out of there, completely obscured and enclosed. Well, why stop at a duck blind? How about your home? You are in your home and that is an enclosure. It does not say the size of the enclosure. It can make it resemble a viral I want to paint a gun in my household. It’s like a gun. I mean, this is absurd. This absolutely makes the list for number 12 of the Dumbest Gun Laws in America. Evan Nappen 04:56 Now let’s go to number 11. Ah, we have got to include it here – ghost guns. Now, what makes ghost gun laws so dumb, other than it is dumb? Every gun law is dumb. I know. Every one. We know. All the gun laws are dumb. I agree. But these are the top 12 dumbest. Well, let’s just take a look at how, for example, New Jersey defines a so-called ghost gun. It is a part of a kit of a firearm frame or a firearm receiver, which is not imprinted with a serial number registered with a Federally licensed manufacturer or a combination of parts without a serial number readily manufactured or otherwise assembled, which does not have the capacity right here to function as a firearm, unless manufactured or so assembled. So, in other words, they are trying to go

Episode 28- DIY Firearms Legal Loopholes Also Available OnPodcast TranscriptGun Lawyer Episode 28 – Transcript SUMMARY KEYWORDS gun, lawyer, gary, doc holliday, appeal, case, improvised, firearms, shotgun, improvised weapons, municipal court, evan, judge, gun rights, defendant, state, holsters, winds, government, prosecutor SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. Today I want to tell you about a case that I had a number of years ago, but, man, it was just insane, and it really showed me the importance of why you need to have a good judge in your case. It just hammered home how clients at times won’t tell you the whole story and how things just get all crazy. This client, we’ll call him Mr. Gary just for privacy reasons, even though that wasn’t his name, but the case was an actual case. You see Mr. Gary was at work. He told me that he brought his ammunition for the target range to work, and he brought the box of ammo into his office. He didn’t bring any gun or anything, but nonetheless, people in the office flipped out that he would have ammo and this and that. He ended up getting criminally charged with possession of hollow nose ammunition, which in New Jersey is felony level offense, and it carries up to 18 months in State Prison if you possess hollow nose ammo, unless you are within certain exemptions. Evan Nappen 01:51 He was charged with terroristic threats. Terroristic threats. So, I’m talking to him, and I immediately feel it’s one of those persecute the responsible gun owner type deal. They don’t understand guns, and they are overreacting, etc. I am happy to represent folks like that. The guy just wanted to bring his ammo, go to the target range and shoot afterwards. I get it. Well, the charges were indictable, meaning they were felony level charges. Terroristic threats are a third degree. Looking at up to five years in State Prison. The hollow nose ammunition is 18 months. I was able to convince the prosecutor that he was actually legal for hollow nose because of the exemption, and he was eventually going to the target range. Mr. Gary could fit into that, and that he never did anything that was actually threatening in any terroristic threatening way. Maybe there was friction between him and his fellow coworkers, but it did not to rise to that third-degree level. Evan Nappen 02:59 After doing a significant amount of work in that area, the prosecutor downgraded Mr. Gary’s charges in which the prosecutor made them disorderly persons offenses. In New Jersey, that is the equivalent of minor misdemeanor. He dismissed the hollow nose bullet charge, and he downgraded the terroristic threats to harassment, which is a petty disorderly persons offense – one of the lowest level of offenses in Jersey. Your max jail exposure is 30 days. It is no longer a felony, and it is no longer a gun disqualifier. You will not lose your gun rights, unless it is domestic violence, which is wasn’t. So, I got him in a safe zone. Out of felony land and major state prison and very happy to get it down to municipal court and just a little PDP. But he still believed that he was not guilty of even harassment. I had no problem with that. So, he wanted to try the case and that is his right. I am happy to try it. Evan Nappen 04:22 So, we tried the case. Now, the trial took place in a municipal court in front of a municipal court judge. No jury because you don’t have a right to jury unless you’re facing over six months in jail. He was not. The max was 30 days if he got any jail at all. The state presents their case. When the state finished presenting their case of the employees complaining about Mr. Gary and why they felt they were harassed by him, the state rested. I realized right then and there, without a doubt, that the state had failed to make their prima facie. They failed to meet their proofs. Because one of the things that the state has to do when they prosecute a case is they have to ID the defendant. They have to identify who it is. Part of the proof is the identification, and the prosecutor here failed at any time to do the classic, “Do you see Mr. Gary here? Then they say, “Yes, he’s the guy next to counsel with the bow tie” or whatever. Then the prosecutor says, “Let the record reflect that the witness has identified the defendant as the perpetrator,” etc. If you do not do an identification and if the state fails to identify, then they failed in their obligation under the Constitution to prove each and every element beyond a reasonable doubt. You have got to have an identification done. They did not do it. It is fundamental. It was an absolutely fundamental mistake they made. Evan Nappen 06:20 After the State rested and was done, I moved to dismiss it because the State failed to identify the defendant, which is absolute classic criminal law 101. The judg

Episode 27- Transporting Firearms- Without Getting Jammed Up Also Available OnPodcast TranscriptGun Lawyer Episode 27 – Transcript SUMMARY KEYWORDS firearm, gun, gun laws, law, pulled, lawyer, new jersey, case, state, people, exemption, legal, charged, inner circle, evan, criminals, internet, victim, minivan, gun owner SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:21 I’m Evan Nappen, and welcome to Gun Lawyer. Today I saw this sign that was in a doctor’s office, and I just related so much to the sign. It said “Warning, Patients will be charged extra for annoying the doctor with self-diagnosis.” I got it off the internet, and I said, that is a beautiful thing. It is a beautiful thing because it absolutely relates to being a Gun Lawyer just as much. It is absolutely what I have experienced. I will just have to hang that sign and modify that you’re going to be charged substantially more if you have tried to interpret the laws and are telling me what the laws are from the internet. You don’t do that. My first question to the person who calls with this is “why are you even calling me because you think you know it all?” You’re a no it all. You don’t need to talk to me. Why are you calling me? You are calling me to tell me what the law is. I’m like, “That’s amazing. That is really amazing.” These people, oh my God, they are so deep into that river in Egypt. They are so far in denial that it is astounding. Evan Nappen 02:02 For example, this guy called me this week and says, “I got arrested in New Jersey with a firearm.” I’m like, okay, he’s from another state. That happens. I get it. People make mistakes. No, no, you have to understand, he said he researched on the internet how to do it, and he knows he was legal because he had his gun cased and unloaded. He was in conformance with that Federal law. And I’m thinking “Well, so far, so good.” But what happened was he went from a Western State to Pennsylvania. Then while he’s in Pennsylvania, he had to get some special part for his vehicle that’s located in New Jersey. Because it’s a dealership that doesn’t sell their stuff online and because it’s so specialized, he had to go to New Jersey to pick it up. Evan Nappen 02:55 So, he leaves from Pennsylvania to New Jersey to get the part. When he goes to get it, he gets stopped in New Jersey and guess what’s in his vehicle? Well, the cased, unloaded firearm. But you are no longer under Federal law when you’re doing that, because your final destination was Pennsylvania. Once you are in Pennsylvania, your trip is completed. Now it may be that you’re intending to go home in a day or two. But when you leave from Pennsylvania into New Jersey, you have now started a new trip. In order to be in compliance under Federal law, you need to be under Title 18 926 A which says yes, your gun needs to be unloaded and in a case and no ammo. That’s true, but also you have to be going from one place where you legally can possess a firearm to another place where you legally can possess the firearm so that you are covered for your trip in between. Evan Nappen 03:54 In New Jersey you are not legal to possess that firearm. There’s no exemption in Jersey called “going to the parts dealer with your firearm.” And oh no, man. No, no, no, he saw it on the internet. I read it. If I do this, I do that. No, you can’t. Do you mean I cannot travel around the country with an unloaded firearm in my car? No. This is not “Travels with Charlie” by John Steinbeck. The laws have changed. “Oh yeah. You are just trying to take me for a ride. This is what the guy says to me. He says I should just be able to call a prosecutor and get him to drop it. Just call him and tell him to drop it. Oh, yeah, that works every time. Hello, Mr. Prosecutor. Evan Nappen here. Drop this case. Sure. Yes, sir. Thank you for the phone call. Do it right away. I mean, what are these people thinking? I can’t even begin to tell you. I said, “Listen, man, you have a serious offense. This has to be handled with extreme care.” Evan Nappen 05:10 If it’s not handled right, you are not only going to become a convicted felon, but also you are going to State Prison. No joke. Mandatory minimum time in State Prison. The judge will have no discretion. “Oh, you are just scaring me.” I don’t need to scare you. This is for real. These are the people that I’m constantly fighting to save. Because they are facing these draconian things. I am beating my head against the wall talking about it. “Oh, no, no, I’m taken him for a ride.” This is not true. He “read it on the internet.” He knows. Then why are you calling me? I mean, what do I know? I’ve only been practicing this for over 30 years. I’v

Episode 26- Traveling with a Firearm Also Available OnPodcast TranscriptGun Lawyer Episode 26 – Transcript SUMMARY KEYWORDS gun, guns, firearm, new jersey, airport, luggage, tsa, case, exemption, gun laws, gun rights, declared, lawyer, unlawful possession, check, transport, handgun, domestic violence, arrest, box SPEAKERS Evan Nappen, Evan Nappen 00:19 I am Evan Nappen and welcome to Gun Lawyer. In the Gun Lawyer world here, I get calls from potential clients, which is what you do as a lawyer. When they call, you want to hear their situation, explain the issues and what things they might be out there need to be aware of and what you can do to help them. Which is fine, and I love doing that. But today, I get a call from a woman who was the victim at least legally speaking the victim of domestic violence, and she filed a domestic violence complaint and a Temporary Restraining Order (TRO) against her husband. With her being the plaintiff and filing against the husband, well, the police came, and guess what? They took all the guns in the house, and the guns in the house were her guns. So, they disarm the victim, which is always just brilliant to me. Because as soon as you trigger domestic violence anything in New Jersey, immediately, it is take the guns, take the guns, take the guns. It is the number one thing – take the guns. Like the guns themselves are out there committing domestic violence. There is more focus on the guns than even the people. It’s just crazy. Evan Nappen 02:02 All right, so she’s the “victim”, plaintiff, who files this DV complaint, and she now learns the lesson of “We’re here from the government and we’re here to help” because she loses her guns. So, what did she call me about? Well, she dropped the restraining order against her husband and realized what a mistake it was to involve the government. And look, there are legitimate cases of domestic violence, for sure, people need the protection. I get it. I totally get it. They need it, and they should have it. But so much of it is not that. It’s just these strange occurrences, let’s call them, and lo and behold, she wants to get her guns back. She has been reading all kinds of things on the internet, and that’s a big problem. Because it’s hard to tell what’s real and what isn’t on the internet. Evan Nappen 02:57 Well, she has partially good information and partially really, really bad information. I’m talking to her, and she says to me, “Well, it’s been over 45 days. They have to give me my guns back.” No, it’s not really how it works. in 45 days to decide whether to give your guns back or to have a hearing to have your gun returned They are pretty lenient on that deadline, even though they shouldn’t be, but anything for the state. We gun owners are tied down to the frickin day, but as far as the deadlines for the government, what, are you kidding me? So, okay, but still, fair enough. She’s been out of her guns all this time, and said, “I don’t know why they’re delaying. The prosecutor said he was going to give me my guns back.” He did. “Yeah, but he’s not responding.” Well, I don’t know what that’s all about, but normally, they just try to take everybody’s guns. They don’t usually tell you that they are going to give your guns back. Because they are going to try to steal every gun, they can get their hands on, which is pretty much the status quo of how things get done. But all right, maybe he is. Evan Nappen 04:03 “Can you help me?” There were three guns that were taken. Okay, what are the guns taken? Plus, your gun rights are taken because in New Jersey, if you’ve had guns seized pursuant to domestic violence and they have not been returned to you, you are a prohibited person in the same category as a felon in possession. Isn’t that cute? It doesn’t matter that you were the victim, because the guns were still taken pursuant to domestic violence. So, you’re precluded from even owning guns at the moment until the guns get returned to you. Normally they take your firearms ID card as well. So, there’s another plus to it. She’s now in this position, and I’m feeling for her. I get it, you know, and I said, we have got to see. What are the guns? Evan Nappen 04:46 And this is where suddenly it takes a bizarre turn because she says, “Well, I had a couple of handguns. One was a Glock, and another is a 9 mm. I had an AR-15 rifle.” I said, “Okay, are these guns all New Jersey compliant?” No, I bought them before the war. Where did you get them? Oh, she lived in another state. She lived in Maryland or somewhere? Maybe? Virginia? I don’t know. But she lived in another state. “Did you acquire these outside New Jersey? The handguns and the rifle.” Yes. “

Episode 25- Five Gun Law Myths That Can Land You In Jail Also Available OnPodcast TranscriptGun Lawyer Episode 25 – Transcript Gun Lawyer S1 Episode 25 SUMMARY KEYWORDS myth, lawyer, rights, gun, license, police, blade length, gun laws, glove box, holster, ammunition, law, criminals, jurisdiction, firearm, palm, people, state, lie, new jersey SPEAKERS Evan Nappen Evan Nappen 00:19 I’m Evan Nappen and welcome to Gun Lawyer. So today I was thinking about this, and I have got to make sure that my listeners are protected. Lately I’ve been seeing so many cases of law-abiding gun owners being turned into law-abiding criminals, and I’ve noticed that there’s a belief in a number of gun law myths. I want to talk to you today about the five top myths about guns and gun laws that you need to know. There’s so much absolute garbage out there, particularly on the internet. You can see all kinds of things, and it’s just not true. There are people that believe it, and end up getting themselves in trouble. When they are put in that situation of having to deal with a stop or with police, they became vulnerable when they thought they were doing the right thing. Those are the most frustrating things, not just for me to defend, but it’s just sad, because the folks that do this are kicking themselves in the butt for doing it. They are beating themselves up because they can’t believe what they thought was wrong and because they’ve been doing it the whole time. Evan Nappen 01:56 Let me give you a good example of such a thing. You may have heard that when you transport a firearm, you put your firearm in the trunk and your ammunition in the glove box. They separate it. I had a case just this week, where that’s exactly what my client did. He was coming from a southern state, and he said that’s what his father always told him. Keep the ammunition separate. Well, here’s my advice. Don’t keep your ammunition in your glove box despite what you may have heard. If you keep it in the glove box, what happens? Well, you get pulled over for a minor traffic violation like what happened to my client. What’s the first thing that the police say? “Your license , registration, and insurance.” And what do you do? You open the glove box to get out your paperwork. As soon as you do that, the officer sees ammunition or a magazine. Or a magazine with ammunition. I’m talking about a gun magazine, not Life magazine. A gun mag, a firearm component, a holster. Anything like that in your glove box, they now are going to have arguably probable cause to search your vehicle for other weapons. This is common, particularly in New Jersey. Evan Nappen 03:35 It now can escalate the whole thing, and before you know it, in New Jersey, you’ll be facing charges for your cased, unloaded handgun that you had in the trunk. You are looking at a Second Degree charge, up to 10 years and State Prison, a minimum mandatory three and a half years, no chance of parole, because you left your magazine or your ammunition or your holster in the glove box. Whereas, if you had simply kept the gun unloaded and not had the ammunition in the glove box, guess what? You most likely wouldn’t have any of this trouble. It’s something that simple. That simple yet it can ruin your life. It can throw you into the judicial system. Where, if it’s New Jersey, your entire life can be ruined. Your career, your family, your hopes and dreams, no joke ruined, imprisoned. Three and a half years, no chance of parole. The Judge has no discretion in Jersey on that. All that, you’re going to face and have to fight. Think of the anxiety, the stress, the cost, all because you put those things in the glove box. You thought it was the right thing to do because you followed the myth. Whereas, if you hadn’t done that, most likely you wouldn’t even have a problem. That’s how outrageous this is. It is a myth, and these myths hurt good people. Evan Nappen 05:18 Now look, you might live in a jurisdiction where they have some law that says to put it in the glove box, but I’ve never heard of that. Federal law does not say that, even to transport under Title 18 926a. The ammunition should not be in the same lockbox as your gun. As long as it’s in a separate container and your gun is unloaded, you’re fine under Federal law. It does not ever say in the glove box. Now it’s true, if you had it in the glove box and it was locked, we would argue two separate containers but you don’t want to do that. Put it in its own little locking box and your gun in a locking case. Put it in the trunk or the back of your vehicle, cover it up, and make sure it’s locked. Now your gun is unloaded. The ammunition is separate. Part of being a gun owner today because of the enhanced scrutiny, media bias, narrative, agenda, hatred toward us, and fear mongering by

Episode 24- Beware the Dingus Also Available OnPodcast TranscriptGun Lawyer Episode 24 – Transcript SUMMARY KEYWORDS gun, guns, filibuster, firearms, bill, holster, jesse james, dingus, glock, shot, magazine, lawyer, unloaded, assault weapon ban, banned, senate, evan, mitch, holds, carried SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Accidental Discharge (AD). Boy, that’s a problem, a very embarrassing problem for a lot of folks. In the practice of gun law, I see this come up, and there are many ramifications that can come from an AD. If you experience an AD, it is not pleasant at all, and it can really create a lot of problems. If somebody gets injured because of it, oh, boy, that is a world of mess. Even without that, your license and the ability to possess firearms gets placed in jeopardy. There can be criminal charges against you. All these things can happen from this. Through the years, I have had many cases where we have had to deal with the AD situation. Evan Nappen 01:29 Now, what’s interesting is I was at an NRA event a number of years ago. It was in Missouri, and I went to the Jesse James Farm and Museum in Kearney, Missouri. It’s pretty cool. While I was in the Museum, looking at all this cool, Jesse James stuff, something kind of caught my eye. I saw on different things that it seemed like Jesse James was being referred to as “Dingus”. And I’m like, “Dingus”. Who the heck would call Jesse James, Dingus? And live no less, right? I mean, what is that. So, I went to one of the museum folks there, and I said, “What’s this stuff I’m seeing about Dingus? What’s that all about?” And the person said, “Well, Jesse James was playing around with his gun one day. Spinning it or doing something, and he shot off two of his fingers. He was in front of his men when this happened.” Evan Nappen 02:54 There is an interesting fact about Jesse James. You see, Jesse was a stone-cold killer, not a problem, and you had to do whatever you had to do. But one thing he would not do was use profanity. He did not use profanity ever. So, when he shot off two of his fingers (I know what words I might say. You probably know what words you might say, if you shot off your fingers.) but what Jesse James said was “Dingus”. When he said Dingus, his men fell off their horses or whatever laughing. And the name kind of stuck. I guess if you were his buddy, you could call him Dingus and tease him about it a little bit. I guess he allowed them to call him that. So, that became known as his nickname amongst friends, believe it or not, Jesse James was “Dingus” of all things. Evan Nappen 03:50 In my law practice, anytime we get an Accidental Discharge (AD) case, well, of course, we call it a “Dingus” case. When we get a Dingus case, there are certain things we must have a lot of concern about. Is it affecting any licensing? Are there criminal charges on the Dingus? Was there confiscation of firearms on Dingus? All these things affect the Dingus pretty bad. It does not help gun owners and our gun ownership rights to have ADs occurring, but accidents happen. I get it. Evan Nappen 04:28 I had one guy, believe it or not, who was unloading his Glock, and he shot himself in the hand. Sure enough, his Dingus case was bad because he’s shot, and the police came. Because he is wounded, they take his guns because in Jersey that is what they do. They charge him with reckless and endangerment. So, I had to fight really hard, and we were ultimately successful. I love Glocks. They are great. But as you should know, there is no manual safety on a Glock. There is good and bad with a Glock. The good news a Glock (and I have found it to be true) is they are very reliable. When you pull the trigger on a Glock, it goes bang. But then on the bad side, when you pull a Glock trigger, it goes bang. There is no manual safety. So, you better treat every firearm as loaded. You must be very conscientious when dealing with Glocks because if you have a round in the chamber, your booger hook better not be touching that bang spot or it is going to go. This is what happened. So, yeah, however it happens. This was a Glock accident, and he shot himself. We were able to get it all resolved. All the criminal stuff was dismissed. We got his guns and licenses returned. We dealt with the whole Jersey thing, and we were highly successful. I was very glad to help them, and you know, accidents happen. Evan Nappen 06:28 About a year and a half, two years later, he shoots himself in the hand again. Only this time with a Sig. How he did it with a Sig I have no clue. But you know, in our office, he was a double Dingus. I have only had one double Dingus as a client, but he definitely earned the title. I could not believe it. How do you do this twice? Oh, man. This took an even greater fight, Her

Episode 23- Persecuted Also Available OnPodcast TranscriptGun Lawyer Episode 23 – Transcript SUMMARY KEYWORDS firearm, gun, law, case, possess, called, charged, state, lawyer, gun laws, exemption, home, new jersey, gun owners, criminals, shotgun, firearms, prosecutor, possession, client Evan Nappen 00:18 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Lately it has been so crazy. I’ve had multiple cases of law-abiding citizens just being turned into criminals. One case is more outrageous after another. I want to review with you these cases because it illustrates how out of control New Jersey is and the kind of damage that gets done. It’s just disturbing. One of my cases right now involves a guy who is charged with 11 counts of possessing rifles and shotguns in his home. Now, what’s significant about this is that you are allowed to possess rifles and shotguns in your home. As a matter of fact, they are BB guns and some honey shotguns. 11 counts. He is facing over 50 years in State Prison for doing nothing wrong. Nothing. He is in his home, and his guns are in his home. Evan Nappen 01:37 Let me be clear, New Jersey has this thing called a Firearms ID card, which maybe you’re aware of, and that’s for long arms. In the law it says if you possess a rifle or shotgun, without having first obtained a Firearms ID card, then that’s a problem. Except there’s an exemption to that very law, where it says you don’t need a Firearms ID Card in so many words, if you possess firearms in your home, or at your place of business, or at the target range or while hunting, you know, given the parameters, and that’s called the exemptions. So, there is a home possession exemption. Doesn’t matter whether you have a license or not, you’re exempt in your home. Here, it doesn’t seem to matter. They charged him with every gun in his gun safe that was a long arm in his home. Evan Nappen 02:31 This goes forward to the degree that today, I’m in court on a predisposition conference. The judge says to the prosecutor, what are we doing on this? The case has not been indicted yet. It’s early on, what are we doing on it? The prosecutor said, “Oh, we are withdrawing out of the EDC, and we’re going straight to Grand Jury to seek indictment.” And I’m like, WTF? I didn’t say that to the judge. The Judge says, “Counselor, do you have anything to say?” “Yes, there is something I would like to add, Judge. What I’d like to add here is that my client is innocent as a matter of law”. Imagine that. “Because the prohibitions, all eleven (11) counts NJS 2C:39-5c., are all exempt for possession in your home under NJS 2C:39-6e. Straight out exempt and the State here should not be moving for indictment. They should be dismissing all these charges and apologizing to my client for even bringing them.” Evan Nappen 03:51 Oh, yeah. Okay. Well, do you have discovery? I don’t have discovery. Well just go talk to the prosecutor. We’ll put it off . Yeah, okay, here we go. Believe me, I’m happy to talk with the prosecutor. Yeah, give me the discovery. But I can tell you right now that these 11 counts are absolutely not valid charges in New Jersey. Even more disturbing is that this is the heart of the Heller McDonald decision. It’s the heart of it. When you read Heller, the seminal landmark case on establishing the individual right to keep and bear arms. The key takeaway from Heller is that it is an individual right and without question it protects your right to possess a firearm in your home. Now, there is debate about whether Heller and the Second Amendment protect your right to carry a gun outside the home. But it is not even disputed, it’s not even a question anymore, that you have a Constitutional right, an individual right to possess firearms in your home. So, this case is flying directly in the face of the Second Amendment and the Supreme Court ruling considering the Second Amendment. It is completely ignoring the exemption in New Jersey law. Evan Nappen 05:27 Now, they are forcing this client to have to pay me to go through this judicial process with all the stress, anxiety, and wasted time for something that he is not guilty of on its face. Right away, prima facie – not guilty. Now, you hear this, and if you’re not from New Jersey, you’re like, “What, are you kidding me? Is that really how it works? There must be more to it.” There isn’t more to it. Or you’re thinking, “Hey, this is just a one of a kind of a deal. You know, it’s a one off?” Well, let me tell you, folks, it’s ain’t no one off. This is routine. This is what happens if you ever let your State enact all these idiotic gun laws, and they don’t even understand it themselves. Let law enforcement essentially go wild, make the charges,

Episode 22- Doritos Also Available OnPodcast TranscriptGun Lawyer Episode 22 – Transcript Gun Lawyer Episode 22 Transcript SUMMARY KEYWORDS gun, doritos, firearm, lawyer, law school, penn station, dealer, bill, mitch, conclusions, universal background checks, law, gun rights, days, criminals, rosen, bag, holster, registration, ubc SPEAKERS Evan Nappen, Evan Nappen 00:20 I’m Evan Nappen and welcome to Gun Lawyer. Well, today I want to share with you one of the legendary stories of my life. Yes, this story I’m going to tell you is Evan Nappen Legend. Although it’s not exactly a law case, it took place when I was going to law school. I lived in New Jersey, down on the shore, and I went to New York Law School, which, surprisingly, was in New York. The way that I would get there is I would take the New Jersey Transit train, which we called the silver snail, and we would take the silver snail to Newark, Penn Station. Now Newark, Penn Station is an old, actually kind of nice architecture, and they are restoring it more now. But it was a 1935 era train station, and it’s the main station very, very busy. We take it to Newark, and there, I would grab the Path Train. Now the Path Train was the Port Authority run subway, if you will. The Path Train would run from Newark, New Jersey, making a number of stops, but it would go to amongst other places, the World Trade Center, which of course no longer exists. I would get off underground at the World Trade Center. Then I would walk underground, through the New York subway system, and come up pretty close to where New York Law School was. That’s how I would commute to law school in the day. That worked out fine, and. you know, law school is quite a challenge. Anyone that’s gone through law school, I’m sure will confirm the challenge that I faced. It’s not like really any other educational experience. I call it boot camp for the mind. That’s what law school was like. 00:20 Evan Nappen 02:33 The problem was that on Wednesdays, I had every law class. We had a full schedule, but on Wednesday, it was every class. When you are in law school, you have to bring your law books with you. I couldn’t leave them in a locker. I had to bring him home to read and study, and then I had to lug them to school. These things were heavy. I mean, they were really heavy, and you have a book bag. It was more of a luggage bag that would hold all the books, and I would have to lug these things onto the train, off the train, walk to the school. It was a really heavy load. Many of the folks, smaller frame men and women that attended law school, couldn’t handle it. I didn’t blame. They would actually rip the books up into sections. So, they would only have to carry the sections of the book for the classes. They just destroyed them all because it was so heavy to lug the whole books. Evan Nappen 03:32 So, you’re there in law school, and it’s very exhausting for the day. You have to be on because law school isn’t like regular school. When you’re in law school, the teacher could just call on you, out of the blue. Have you ever watched the show Paper Chase? That’s what it was like. The teacher just calling on you, and you better know the case, the facts, the law, and be able to answer the questions. You’re put on the spot, and you never know when you’re going to get picked. So, you have to be ready and on for any time when this is going to happen. It’s called the Socratic method, and this is what they do. It’s a very interesting experience. Nothing like college, and you have to be on your toes. Evan Nappen 04:12 After a day of that with all your classes, of all the stress and dealing with this, then you head home. I am pretty tired to be honest. I had a full day of abuse, and I am ready to go home. I’m lugging the book bag, full of books, and it’s like, get on the path train and take it back to Newark Penn Station. And I’m in a mood. I’m just tired. I don’t really want to talk to anybody. I just want to get home and not be bothered. I’ve had enough. So, I walk up to the convenience stand there where they sell all kinds of garbage, and I buy a bag of Doritos (you know, real good health food) and a Diet Coke (again, great health food), and a newspaper. Probably a New York Post at the time or some schlocky paper just to try to relax. Evan Nappen 05:14 I took my goods, and in Penn Station Newark, they have these beautiful, beautiful, they really are, wooden benches from the 30s. Not like stuff made today. They are a double bench, back-to-back. They’re made of this gorgeous wood, carved and high backed. When you sit in the seat, it’s kind of in the back, it kind of rolls around and a full back of wood comes up all solid. They’re kind of somewhat long benches so that more than one person could sit on them. But normally, unless it’s

Episode 21- Jersey’s Gun Permit Scheme: What They Don’t Want America To Know. Also Available OnPodcast TranscriptGun Lawyer Episode 21 – Transcript Gun Lawyer Episode 21 Transcript SUMMARY KEYWORDS firearm, permit, gun, new jersey, form, law, required, firearms, person, jersey city, application, gun rights, case, people, lawyer, mcgovern, licensing, purchase, evan, state SPEAKERS Evan Nappen, Louis Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen and welcome to Gun Lawyer. Today we have a very special guest. This guest is somebody I’ve known for a long time, and this person is my brother, Louis Nappen. Louis is also a gun lawyer. We are the Gun Lawyer brothers. Louis has worked with me in the firm for over 15 years, and we both have vigorously defended our clients and gun rights. Louis is here today because he has a special focus. He’s great on licensing and challenging of license denials and doing Appellate work on that all the way up to the Supreme Court. Being the only attorney, I know that has won at the New Jersey Supreme Court, a unanimous, all seven judges, pro-gun victory in the state of New Jersey. We’re here today with Louis. Hi, Lou, how are you today? Louis Nappen 01:31 Howdy, Evan. How are you doing? Evan Nappen 01:33 Great, I’m glad you’re here to talk to our friends about some insights that you have on licensing and even for our folks that aren’t from New Jersey. The thing about New Jersey is New Jersey is the frontlines in our battle for gun rights. You have some great experience in fighting through the absurd and ridiculous system in New Jersey. Louis Nappen 02:07 Yeah, I am definitely behind enemy lines here when I’m fighting for all sorts of permit appeals. When it comes to firearms, we’re talking about the majority of them are New Jersey Firearm Purchaser Identification Cards, Purchaser Identification Cards and also New Jersey Permits to Purchase a Handgun. Then there’s carry permits also – the unicorn, the very, very ridiculously tough thing to get in New Jersey. But those are the things that I’m focusing on. Majority for this firm what we do here and weapon forfeitures, which concern the exact same disqualifiers. So, it’s duplicative, and they overlap. But in terms of the same types of disqualifiers that keep coming up in both of those arenas. Evan Nappen 02:56 So, tell us what is a Firearms ID Card and Pistol Purchase Permit? How does Jersey lay out their gun control scheme? Louis Nappen 03:05 Yeah, scheme is a good term for it. If you reside in New Jersey, you need a New Jersey Firearms Purchaser Identification Card in order to purchase long arms, shotguns and rifles. For handguns, you need a Permit to Purchase a Handgun. I could talk on and on and on and on about the laws. So, I’ll just touch upon some things. For instance, in New Jersey, just how bad it is, we only are allowed to purchase one handgun every 30 days. That’s after you have applied and waited for the Permit to Purchase of a Handgun. Evan Nappen 03:52 And a new permit is required anytime you want to buy an additional handgun. I want our listeners to understand the process because this is something you never want to have happen where you live in your state, if you’re not in New Jersey. We, of course, have to overturn this horrible system. Tell us what is involved to get a Permit to Purchase a Handgun in New Jersey. Louis Nappen 04:26 Under NJS 2C:58-3, which is New Jersey’s licensing statute, it lays out 10 disqualifiers. Now those disqualifiers, and it sounds like you’ve discussed common sense gun registration, gun legislation, excuse me, laws. But they’re anything but common sense. They are looking for reasons to deny you. It starts off with the positive that “any person should be able to receive this” as long as you don’t have any of the following. And the following just beats up the rule in terms of who can obtain a firearm. Now, just to go through those initial disqualifiers. Of course, any person who’s been convicted of any crime or disorderly persons offense involving an act of domestic violence, we can understand those. Evan Nappen 05:31 That mirrors the Federal law, of course. Louis Nappen 05:34 Correct that mirrors the Federal law. Any drug, Evan Nappen 05:39 drug dealers, Louis Nappen 05:40 I’m just going to work through these just to give you an idea of the ones and then I’m going to focus in on some issues that have occurred, to give you an idea of how bad it can get. To any drug dependent person as defined under the certain sections of the law, or anyone who was confined for a mental disorder to a hospital, mental institution, or sanitarium, or any person who is presently a habitual drunkard. Now, that’s a great term of art there, habitual drunkard. Evan Nappen 06:09 That sounds like it should be a qualification, doesn’t it? Ge

Episode 20- Arrested: For Possession of an Antique Also Available OnPodcast TranscriptGun Lawyer Episode 20 – Transcript Gun Lawyer Episode 20 Transcript SUMMARY KEYWORDS gun, new hampshire, state, gilder, law, brady bill, firearm, flintlock, background check, flintlock pistol, lawyer, handgun, instant background check, pocs, gun rights, judge, feds, van, new jersey, case SPEAKERS Evan Nappen Evan Nappen 00:20 I'm Evan Nappen, and welcome to Gun Lawyer. Today I want to tell you about a really interesting case I had, and it's something that folks all around the United States should really be aware of even though this happened in New Jersey, Democratic People's Republic of New Jersey. It is unbelievable how bad the gun laws are there, and you've heard me talk about it because that's where I fought many a battle. It is really frontlines on gun control, and New Jersey stands for what you never want to have happen in your state ever. New Jersey turns law-abiding citizens into criminals, and they do it with glee and vigor. We see it all the time, and I want to tell you about a case that will shock you to hear about. Evan Nappen 01:15 It involves a fellow whose name was Mr. Van Gilder. At the time, Mr. Van Gilder was in his 70s, and he was a retired teacher. Mr. Van Gilder had a love for history, and he loved 18th century objects of history. He studied them, and he had a collection of various papers and documents and things of that period. He really, really enjoyed that in his retirement. It so happened that one of the things that he had in his house was an old flintlock pistol, an original flintlock from that period of time. Okay, the last time that flintlock had been fired, George Washington was alive. That's how old this was. It was a Queen Anne, flintlock, single shot pistol from the mid-1700s, maybe even a little earlier. The Queen Anne is a kind of a neat flintlock. It has a single barrel, and normally the barrel will turn out. The barrel looks like a miniature cannon of a Queen Anne style cannon that would be on the great sailing ships. It was a pistol barrel, single shot, and they were popular for individuals of the day to have as a carry gun against ruffians, highway men and such. This was really an interesting artifact, and it was a bona fide original flintlock. Evan Nappen 03:03 Unfortunately, an individual who had been residing with him in his house, kind of helping take care of things in the house, pawned his flintlock pistol without his knowledge or permission. When Mr. Van Gilder learned about it, he took the fellow with him, and they went back to the pawn shop. He retrieved his property that should not have been pawned. But he got it back, and he wrapped it in a in a cloth and put it in his glove box. He was driving back home with his original flintlock pistol, and he got stopped for a minor traffic matter. The officer asked him if there's anything dangerous in the car. Mr. Van Gilder said just a flintlock pistol from the 1700s. The officer said that's awesome, let me see it. Evan Nappen 04:03 The officer looked at it, and then he arrested Mr. Van Gilder for possession of a handgun under New Jersey law. Now this is an unloaded, no ammunition, no black powder, no nothing, bona fide antique, roughly 250 to 300 years old. That is simply going from this pawn shop where it shouldn't have gone in the first place, and he's bringing it back home. Mr. Van Gilder is arrested and charged with possession of this flintlock. Let me tell you, it is serious because New Jersey makes no distinction, none whatsoever, between a flintlock pistol 300 years old and a modern, .44 Magnum loaded in your shoe. They don't care. Same thing, same thing. Okay, no difference. If you're charged with this offense, you're facing up to 10 years in State Prison with a minimum mandatory three and a half years, no chance of parole. So, if Mr. Van Gilder got convicted, and a judge had to sentence him that judge has no discretion at all over the minimum mandatory sentence. The best sentence he could give this 70-year-old man, a retired professor for possessing a flintlock, the best sentence would include three and a half years of parole ineligibility, no matter what his sentence was. So that Mr. Van Gilder would have to do every day of three and a half years before he could even be released from state prison for this heinous offense. That is insanity, and New Jersey still hasn't changed the law at all. It's still the same deal. Evan Nappen 06:21 That black powder firearm, antique firearm, no matter how old, no matter what the mechanism, is still a firearm. If it is made to be fired with one hand, it is still a handgun. There's no distinction whatsoever in the law between that flintlock and a modern firearm. It is really absurd. You don't ever want this to happen in your jurisdiction, because you can just see how bad it is. It truly is. So, when I got this case, I was absolutely disgusted that Mr. Van Gilder had to go through this nonsense

Episode 19- Jailed: For Guns He Did Not Own Also Available OnPodcast TranscriptGun Lawyer Episode 19 – Transcript SUMMARY KEYWORDS registration, gun, handgun, firearms, guns, new jersey, gun laws, registered, gun owners, lawyer, charged, register, fight, national firearms act, based, possession, police, confiscating, issued, criminal SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:20 I’m Evan Nappen, and welcome to Gun Lawyer. Evan Nappen 00:26 I want to talk about gun registration today, and I want to tell you about an actual case that I had. Just to show you how outrageously insane it can get when we’re talking about registered guns. This case was funded by the NRA Civil Rights Defense Fund, so that I could represent this individual. In so doing, he gave permission to use his name, his name was Nonio. His case is just fascinating, because it really hits home on the problems of registration. See New Jersey has gun registration. I know none of you are shocked to hear that. But New Jersey has gun registration, and it is incredibly half-assed. I mean, it is just idiotic, whoever designed New Jersey’s registration system. Now, I’m not in favor of any gun registration, I completely oppose gun registration. Evan Nappen 01:41 I oppose it because of four words that are very important. Anytime you hear about gun registration, you need to think of these four words: legislation, registration, confiscation, extermination. Those four words all go together when dealing with gun registration, and you can see them repeated throughout history. Okay, this is history, and that’s how the process goes. Now, luckily, New Jersey hasn’t gotten to the extermination phase yet. But I have no doubt that at some point, New Jersey will want to have capital punishment for gun owners as much as they would oppose capital punishment for just about any other crime. When it comes to gun ownership, we get that right. Gun owners can be given capital punishment for not obeying the gun laws. Regardless of what happens in the future with extermination, New Jersey has still got the first three. Let me tell you how this case went down, specifically with these first three words coming into full force and effect. Evan Nappen 03:04 In New Jersey, registration of handguns occurs on your acquisition of the handgun. So, when you buy a handgun in New Jersey, you have to get a Handgun Purchase Permit, and you’re given one permit, only per handgun. It’s four pages and will be sent all around; one goes to the State Police, one goes to the local Police that issued the permit, one is kept by the seller, and the other goes to you. Right on it the form says, “Form of Register.” So, your gun is registered automatically upon purchase in New Jersey. Evan Nappen 03:45 But here’s where it gets really weird, and most folks don’t understand this. Registration is only required in New Jersey on Purchase of a Handgun in New Jersey. You are allowed to possess unregistered handguns in New Jersey. People are often shocked to hear that and that’s because New Jersey doesn’t mandate that all handguns be registered. They just mandate that on acquisition of a handgun in New Jersey it gets registered. The only thing that’s getting registered is your acquisition. Registration is not a prerequisite for possession. It is legal to possess an unregistered handgun, completely legal to do so. Evan Nappen 04:34 As a matter of fact, there is not even a criminal charge in New Jersey of possession of an unregistered handgun. Because your possession is not based on whether your gun is registered or not. It’s based on whether you possess it under the exemptions such as possession in your home, possession at the range, or whether you have a license to possess, which for handguns is a New Jersey Carry Permit, which basically nobody can get. In the whole state of New Jersey, there’s less than 600 permits issued to civilians. So, all civilians are left with to possess handguns is exemptions. Their purchase of handguns is done by a pistol purchase permit, and that simply registers the acquisition. Yet that acquisition registration database is maintained by the State Police. So, the State Police have a computerized list of every handgun purchase that created a registration. They also have copies that you applied to get licenses and if you were issued a Firearms ID Card which is used for long arms. When your handgun is purchased, the make, model, serial number, and everything on the pistol purchase permit is put into the database of registration, and you have your form of registration. Evan Nappen 06:07 But here’s the kicker. Not only is registration not required to possess a handgun, but there is also no unregistration in New Jersey. So, when a dealer buys a handgun from you, that handgun goes in the dealer’s books. Let’s say you trade in your old handgun to get a new handgun,

Episode 18- The Case of the Haunted Guns Also Available OnPodcast TranscriptGun Lawyer Episode 18 Transcript SUMMARY KEYWORDS firearms, gun, expungement, new jersey, employer, guns, bill, rights, nics, lawyer, gun rights, ray, gun owner, person, law, big, evan, record, weapons, criminals SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. Today I want to tell you about a really interesting case that I had, and I call it the Case of the Haunted Gun Collection. Now, lately in the news, one of the buzz words, one of the things that the Antis like to push, is they want to ban “ghost guns”. Ooh, scary. Ghost Guns. This is like a gun that Casper might have. What are we talking about? Well, they just come up with these pejoratives, fearmongering terms to scare the public. A “ghost gun” is a homemade firearm. We’ve been making guns in our home since America was founded. Under Federal law, you can build a gun for your own private use. It can’t be a prohibited weapon like a NFA (National Firearms Act) gun, but you can build your own rifle, shotgun, or handgun. Now, some states have passed laws trying to ban and prohibit this, and New Jersey is one of them. But today is not about ghost guns as the media and the anti-gunners like to use the term. This is about real ghost guns. Evan Nappen 01:47 So, let me say I was one day in my office and had an appointment with this couple who came in, and they sit down in the office. The man is average, a little overweight, just a normal looking guy. His wife was a lovely person, wonderful person, but she was absolutely emaciated. She was like a living skeleton. I’m not kidding. She had huge, as we used to say, “coke bottle glasses”, really thick glasses and like a skeleton look and man, you know, I wondered like, wow. I, of course, talk with her, and I find out that what it was is she had been fighting a debilitating disease, some type of cancer for many years. She had actually died a number of times and been revived. Evan Nappen 02:46 She claimed that after her death experiences and being brought back to life, that she became empowered through this with a certain gift that, maybe the underpinnings were there, but this released it, where she was able to communicate with the spirits. She was able to see and communicate and have this ability. Kind of like the folks that you see and hear about that talk with the beyond. And I’m like, Well, okay, whatever. I mean, I’m not gonna argue with her about any of that. If that’s what she’s saying, that’s fine, and like I said, a real nice person. These two, unfortunately, had gotten into an argument and it was a loud argument, nothing physical. But in New Jersey, even a loud argument can be considered harassment, arguably, and domestic violence. So, some neighbor called the police on them, and then the police came. They said, well, they were just arguing, but the police said they have to take the steps and both parties were upset, so that’s too bad. They issued a Temporary Restraining Order (TRO). As part and parcel to just about every Temporary Restraining Order New Jersey issues, the weapons or firearms were seized. Evan Nappen 04:31 You see, in order to have a Temporary Restraining Order of domestic violence issue in New Jersey, only two things need to be shown. One is that the person who’s the plaintiff qualifies as “a victim”. Now, that doesn’t mean that any determination has been made that they are a victim. No, no, the statute right out of the box just says you’re falling into the definition of “victim of domestic violence” if you are a spouse, girlfriend, or someone you have a dating relationship with a common household member or you share the household in that regard. If you fall under that, you’ve already met the first requirement. Then the second requirement is you have to show what’s called a predator, a predicate act of domestic violence, which is a list of criminal-type offenses. They range all the way from homicide, all the way down to the lowest level of offense in New Jersey, harassment. Harassment is a petty disorderly person, and in the domestic restraining order world, the standard of proof is just a preponderance of the evidence, a low burden of proof. What is the essence of harassment? Well, it is essentially doing something with purpose to annoy. That’s really all it is. So, I know none of you have ever annoyed your spouse, right? Because if you have annoyed your spouse, well, you’ve committed domestic violence under New Jersey’s domestic violence law, and a restraining order can be issued against you. All your firearms can and will be seized, and that’s what happened here. Evan Nappen 06:09 But you see, these folks had been collecting their firearms together for a while. They had a very substantial collectio

Episode 17- The Grave Robber Case Also Available OnPodcast TranscriptGun Lawyer Episode 17 – Transcript Gun Lawyer Episode 17 Transcript SUMMARY KEYWORDS firearm, gun, ffl, law, lawyer, guns, gun owners, state, shotgun, client, bb gun, folks, gun laws, air, inner circle, criminals, podcast, gun rights, new jersey, protect SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Hey, I want to tell you about one of the absolute creepiest, most gross cases, I ever had. I’m just gonna tell you that straight up front, because some of you may not even want to listen to the grossest part of it. I’ll give you a warning before I’m going to talk about it, because it is absolutely insane what I had to do with. Why would something be incredibly gross and insane doing gun law? Well, I’ll tell you. As an attorney, I help law-abiding citizens and stop them from becoming law-abiding criminals, and having the government just run rampant with their extreme and draconian gun laws, as New Jersey is infamous for. Evan Nappen 01:29 That attorney/client relationship that I have there is maintained. Quite often if somebody has another problem, I can help them with other matters. I’m a skilled criminal defense attorney, and if someone is an established client, I don’t mind doing that at all. So, anyway, I had this one client, and he was kind of an odd fellow, to say the least. Kind of creepy in a way. He looked like Marilyn Manson, if anyone is familiar with how that guy looks. He looked like a ghoul, to be honest, he kind of did. But you know what, I don’t want to judge people by their looks, and I sure hope people don’t do that to me. But the deal is, you know, the guy just struck me this way. But hey, you know what? He’s in his van, and he’s with a girl. They are consensually enjoying themselves. Not a problem. The local police come by and knock on the window because the van’s a rocking, okay. They’re checking on their welfare and what have you. Everything was fine. There was nothing bad going on with any of that. Evan Nappen 02:47 But in so checking, the officer sees in plain view somewhere in the van, an air pistol. Okay, so it was my client’s air pistol. I have a love for air guns, and I love all guns. Matter of fact, it has to cut or shoot for me to like it, I strictly limit myself. Since air guns shoot, I like it. This particular air gun was nothing. It was one of those little BB marksman guns they sell that are pretty reasonable. They can shoot like a little Dart or they can shoot BB single shot, and they’re pretty low-powered stuff, but whatever. That’s what he had. But you see in New Jersey, air guns are treated the same as firearms. Your possession of an air gun is essentially the same as if you possess a .44 Magnum loaded, it doesn’t matter. Even a broken BB gun qualifies as a firearm. You can be tried, sentenced, and convicted for firearm possession because New Jersey is one of the few states that puts air guns into the same category. Evan Nappen 04:05 So, I was able to make some very important arguments in this case. Not the least of which is many folks aren’t aware that there’s actually a Federal pre-emption concerning air guns. Do you know that air guns, BB guns, traditional pellet firing, and traditional BB guns, they’re actually more protected under Federal law? I’m not talking about the Second Amendment. I’m talking about Federal statutes. They’re actually more protected than actual firearms, believe it or not, because New Jersey takes these air guns and declares them as firearms. But there’s a Federal law that is one of the few areas that is preempted. What that means is when a Federal law preempts something, it means they control the law on that given subject. There’s a handful of firearm-related laws that are pre-emptive, not many. Evan Nappen 05:09 One such law is Title 18 926A for interstate transport, and we’ve talked about that on other shows. It lets you transport your firearm, cased and unloaded, from one state to another through bad states. There the Federal law preempts State law that might otherwise make you a criminal for your possession of it. There’s federal pre-emptive law allowing LEOSA (Law Enforcement Officer Safety Net) that allows law enforcement and retired law enforcement to carry in all 50 states. There’s actually preemption for armored car personnel crossing state lines, that was actually the first carry preemption before LEOSA. It was armed. armored car personnel that had pre-emptive rights first. These pre-emptive Federal laws are great because they absolutely handle the bad, horrible states like New Jersey that have these god-awful gun laws, that turn law-abiding citizens into criminals. If you can seek the protection of the Federal preemption, then you can get out and awa

Episode 16- The Go Fu*k Yourself! Defense Also Available OnPodcast TranscriptGun Lawyer Episode 16 – Transcript SUMMARY KEYWORDS gun rights, gun, case, client, rights, firearms, Sessler, push, home, police, lawyer, exemptions, second amendment, rick, gun owners, Biden, law, officers, administration, important SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. I have a really good show planned today, folks, and I can’t wait to tell you some stories and some ideas that I have. Evan Nappen 00:31 One of the cases I’d like to discuss is a case involving unlawful search and seizure. I think there’s some very important lessons in this case. We ended up winning this case on an appeal to the Appellate Division in New Jersey, and therefore the case is available online where you can read it. Now, it is known as an unpublished decision. In New Jersey, if a case is a “published decision”, it means it’s binding case law. An unpublished opinion is still out there as “published” but not in the legal, New Jersey case law, meaning. It means it is an unpublished decision that is still searchable and can be found, but it’s not binding case law on other courts. It is something that can be informative, and other courts can read it and glean from it things that were opined in it, but it’s not binding on the court. It is still out there as a written decision and a record of the decision in the case. So, as a matter of public record, the case is State of New Jersey v. William Sessler, and we represented Mr. Sessler in this case. Evan Nappen 02:05 I thought it’s a very interesting fact pattern to the case, and you may find it just as fascinating as we did. In this case, Mr. Sessler had a fellow show up from a cleanup service. This fellow claimed that Mr. Sessler owed him some money or there was a dispute. At a certain point, Rick’s Cleanup goes over to the Branchburg PD. This is where it took place, and he claimed that my client, Mr. Sessler, made a terroristic threat against him when he went to my client’s home to collect money that he felt he was owed. Rick told the police that he had met at my client’s home. According to Rick, when he arrived, the client invited him in. Then they sat down on the couch, and my client began cursing at Rick, “using gross profanities, and ethnic slurs, derogatory to Hispanics.” He said, “I’m going to kill you, you expletive deleted”. That’s a direct quote from the case. While saying this, my client removed a rifle from a black case. He did not point it at Rick, and he didn’t threaten him with the weapon. But still, Rick thought he was in danger. So, he left my client’s home, and went to the Police Department and reported this. Evan Nappen 04:11 Well, after the police took his statement, the Detective and four other officers from Branchburg PD went to my client’s home to investigate. When they got there, they identified themselves as police, and they told my client that they wanted to speak with him. My client was only wearing underwear and socks, and he open the door. But after a brief exchange, he told the officers “Go fuck yourselves. I’m not talking to you.” As he attempted to close the door, two officers pushed it in, and they subdued and handcuffed my client. Evan Nappen 05:09 Well, one of the officers testified in court and said they noticed what appeared to be a butt of a rifle or shotgun leaning against the doorframe. He said it was visible from the porch. There was a gun case that was matching the description given by good old Rick, and the police officers testified that they feared for their safety based upon these observations. It appeared to be the gun that was described and that he had earlier threatened Rick with. These officers entered my client’s home, and they observed numerous guns “long rifles and shotguns were laying all over the floor, unsecured”. quote. So, my client was charged with possession for unlawful purpose of a firearm, terroristic threats, aggravated assault, resisting arrest, etc. Evan Nappen 06:15 However, we brought a Motion to Suppress. The Motion to Suppress is that we believe the search and seizure of my client’s firearms was unlawful. They did not follow the mandate to the Fourth Amendment. The court granted our motion, and the State appealed our win. The Appellate Court affirmed our win. Why would that be? Well, first of all, we’re talking about a warrantless search of a home, and warrantless searches of a home are presumptively unreasonable under our case law. Therefore, they’re not allowed unless they come under certain exemptions. These exemptions themselves have been recognized by the Supreme Court. There are two recognized exemptions that, arguably, were claimed to be here. One was what’s called exigent circ

Episode 15- Uncle Morty, The Subway Vigilante, and The Making of a Gun Lawyer- Also Available OnPodcast TranscriptGun Lawyer Episode 15 – Transcript Gun Lawyer Episode 15 Transcript SUMMARY KEYWORDS gun, firearm, gun laws, flea market, gus, uncle, law, lawyer, guns, new jersey, people, learned, evan, influenced, morty, vehicle, deal, inner circle, kinds, criminals SPEAKERS Evan Nappen Evan Nappen 00:21 This is Evan Nappen, and you are listening to Gun Lawyer podcast. I’m really happy to be speaking to you. I’ve got some great and interesting stories to tell, and we’re gonna have a lot of fun. A lot of folks have wondered about this. I have kind of a unique job really not being a lawyer so much as being a Gun Lawyer. That is definitely pretty unique. There are other lawyers that focus in the area of guns, but not too many of us. Basically, we all kind of know each other. The question is what influenced me to become a Gun Lawyer? I could go around ambulance chasing and make some real money there. Of course, it has to do with my love of the Second Amendment and my love of firearms. Fighting for our rights, being part of the gun culture, a shooter, a hunter, and a collector and all that, sure. But what I want to tell you about are the people that influenced my life that actually helped put me on the path to where I am today. This is something that many of us can look back on how we got to where we are and look at these great people that were my influencers. You, too, can be an influencer, and I hope that I’ve influenced people on their life paths. Evan Nappen 02:08 One of the earliest was a good friend of mine named Gus. When I was in junior high school, I was 13 years old, and I became friends with Gus. He was the Head Custodian of our school. As a young boy, I was interested in guns and hunting, pursuits like that. Someone had mentioned that at one point, Gus had been a gunsmith. And I said, boy, that’s really cool. He was nice guy, and I started talking with him about guns. Sure enough, he had been a gunsmith. He had left home when he was like 12, and he learned that trade. Then he learned how to handle the big boilers and got his gold seal. That was his job there. That was his career, but his love still was firearms. I remember speaking with him any chance I got – recess or break in school. I would ask questions, and he would explain things- history of guns and all kinds of great stuff. He really was a fountain of knowledge. I was in enthralled with learning all this. Evan Nappen 03:26 One day, Gus, said to me, he said, Hey, I have a rifle that I’m looking to sell. It’s an historic rifle. It’s a Remington rolling block rifle from the late 1800s, and it was a military model. And he’s like, I know you love this and all. So, I’ll tell you what, I’ll let you have it for $50. As a kid, that was still a decent amount of money, let me tell you, but it was a good deal. He said, just ask your dad if it’s okay. I’ll bring it by, and you can buy it from me. Could you imagine the janitor of a school today, selling a 13-year-old boy, a rifle? How do you think that would fly today, folks? Right. But he knew my dad, and I’m going to talk about my dad in a little bit. Evan Nappen 04:19 Gus knew my dad from the flea markets. We would always go to Englishtown Flea Market, which was a big flea market in New Jersey. We would find all sorts of collectibles. So, he knew my dad from the flea market, and he said, ask your dad. My dad is a premier collector of political items. In fact, he even wrote the book on Collecting Political Americana, – Warman’s Political Collectibles: Identification and Price Guide. My dad would take me every Saturday to the flea markets, and he knew about collecting and history. He had no problem with it. He said Evan, if you want to buy that military historic rifle, go right ahead. Tell Gus I don’t have any problem with it. So, I told my buddy Gus about it. He came by the house, and he dropped off this Remington rolling block. But I’ll tell you what else he dropped off. And this, I know, was his plan. Looking back, he dropped off boxes and boxes of gun books. Boxes of Shotgun News, boxes of gun magazines and boxes of some of the top gun books of the day. Evan Nappen 05:35 Basically, I think he gave me, although he never said it, his gun library and threw it all into the deal without me even knowing. I read every one of those multiple times, everyone. To this day, I still have many of those books. They are classic references on guns, and they influenced and educated me by what he did there. I stayed friends with Gus until he passed away a number of years ago from cancer. He and I would go to gun shows together and hit the gun shops together. He taught me things on fixing and repairing guns, collecting guns and how they work. He really helped my interest grow and blossom with firearms. Wh

Episode 14- The Case of the Poison Guns Also Available OnPodcast TranscriptGun Lawyer Episode 14 – Transcript SUMMARY KEYWORDS guns, firearms, gun, new jersey, anti, ban, gun laws, exemptions, collector, lawyer, law, state, gun rights, buying, ammunition, gun owners, skyrocket, handgun, handguns, magazine SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:18 I’m Evan Nappen, and this is Gun Lawyer. Today, we’re going to talk about the poison gun case. I deal with a lot of clients that have guns confiscated by the government, particularly in New Jersey. It’s very routine to have guns confiscated for a multitude of reasons. Often not even found anywhere in the statute, they just take guns for “safe keeping”. They literally pull it out of their ass. They decide, hey, we’re gonna take these guns, and then there’s no process for the return that’s formalized. It’s a whole big challenge to actually get into court to getting your property back. Evan Nappen 01:13 Now, there are other statutory provisions that allow for gun seizure, and these exist in many other states as well. One of the main ways you see lots of guns being seized is anytime there’s a domestic violence allegation. So, in New Jersey, it’s very easy to claim to be a victim of domestic violence. You simply have to qualify as a “victim” and that means that your spouse or someone there’s a dating relationship with or a household member, etc. If you meet that qualification, then you are automatically given the label victim, automatically. All you have to do is claim this predicate act of domestic violence, which is a list of actual crimes, but they’re viewed at the civil level. The lowest crime you can allege is harassment. So, if the victim alleges harassment, which by the way, the essence of harassment in Jersey is doing something with the purpose to annoy, to cause annoyance or alarm. So, that’s the essence of it. Then they’ll issue a restraining order, temporary restraining order (TRO), for that claim of harassment. Built into every restraining order is a seizure of all firearms and permits. This standard is pretty low. Evan Nappen 02:46 As a matter of fact, since the victim is anyone who is a spouse, and if they can allege harassment, the essence of doing something with purpose to annoy. I know that none of you have ever annoyed your spouse, right? You wouldn’t dream of doing such a thing. But, if you have annoyed your spouse, then they could, in theory, say you were harassing them and get a temporary restraining order (TRO) issued. All your firearms will be seized, you’ll be kicked out of your house, and then you’ll have to appear in court to fight the temporary restraining order becoming a final restraining order (FRO). An FRO would permanently bar you out of the house and built into that is what’s called a weapons forfeiture hearing. So, that’s where they decide even after all that, whether you get your guns back or not, or whether they get forfeited to the state. Evan Nappen 03:37 So, what happened in this case was this really sweet old lady came into my office. She is concerned because her late husband who died 16 years ago, was a major gun collector. He even had an FFL (Federal Firearms License). He was a retired Chief of Police in one of the Northern New Jersey towns. He had a lot of guns when he died, and they were all locked in his gun room. You see, one day his son had been in the upstairs with his girlfriend, and they got into an argument. The police came, and they alleged a domestic violence issue in the home. The police asked the son, “Do you have any guns?”. The son told the police, “I don’t have any guns, but my dad had a bunch of guns downstairs, but they’re not mine.” They don’t care because they’re in the household. So, the police went into the locked room, and they took all of the deceased husband’s guns. Evan Nappen 04:44 The old lady, very nice, she was very concerned. She said, “Look, I really don’t want them back. I just want to have them get sold. I could really use the money to help pay for the house, and I just never knew what to do with them or how to dispose of them or anything like that. So, could you help me here on getting the guns sold to a dealer and away from the state?” Oh, sure, I’d be happy to help you do that. While I’m talking to her, I get a call from the County Prosecutor’s Office, from the Evidence Room. The guy who’s in charge of the Evidence Room is calling me. He wants to know if I’m representing a woman, so and so. Yes, and that happens to be the person who’s actually sitting in front of my desk at the moment. Why is he calling me? Normally, I have to push them. So, I take the call, and he’s like, “Let me tell you, I need you to get these guns out of here

Episode 13- Saving the King Also Available OnPodcast TranscriptGun Lawyer Episode 13 – Transcript SUMMARY KEYWORDS firearm, elvis, black powder, gun, loophole, cartridge, revolvers, new jersey, law, client, ruger, judge, exemption, lawyer, nfa, represented, federal law, permit, percussion, conversion SPEAKERS Evan Nappen Evan Nappen 00:18 I’m Evan Nappen and welcome to Gun Lawyer. I really have had a lot of interesting clients and adventures in the practice of gun law. It’s rarely ever boring and that’s one of the fun things about practicing law because you never know. it’s always something different and clients sometimes are just amazing in the variety that walk through my door. It’s a big variety. Evan Nappen 00:58 I’ve represented everyone. You name the occupation – lawyers, doctors, judges, haven’t represented an Indian Chief yet, at least not to my knowledge, but I assume that will come. But I’ll tell you one that really goes to the other extreme of clients. One time, I represented a bona fide Elvis impersonator on a possession of an assault firearm charge. Now, I gotta tell you, guys, I’m in my office. The client is an Elvis impersonator and we’re going to talk about an assault firearm charge, right? Evan Nappen 01:38 And in walks, Elvis. The guy is in full regalia, and I’m talking 70s Elvis. I’m talking the white cape, the TCB jewelry, the rhinestones, the glasses, the whole frickin bit. I’m thinking that I’m being pranked by somebody. I’m trying to think which one of my so- called friends is doing this to me. But no, this guy walks in, and he talks like, “How you doing man?” I’m like, “Great, nice to meet you.” “I got this assault firearm charge. I need your help.” And I’m like, “Okay, please sit down.” I’m asking him the typical questions. It’s like surreal when you’re talking to Elvis across your lawyer desk, and he’s talking about his assault firearm charge. I knew Elvis personally liked guns. He was quite a gun guy. He was a gun guy. I visited Graceland, and I saw where he used to practice target shooting in one of the side garage areas. That was interesting. Evan Nappen 02:48 But this Elvis had a so-called New Jersey assault firearm charge, and putting aside that he was Elvis, the charge was bogus. He was actually charged with having an assault firearm, and what he had was, I’m not kidding, a Ruger 10/22, folks. A Ruger 10/22 that they were somehow claiming was an assault firearm. So, the charge itself was going to go because that’s an absurdity in and of itself. But here’s poor Elvis, and he has to face these charges. I’m looking at him, and I go,”Hey, man,” I said. “Why? Why are you dressed like Elvis? I really need to know.” And he’s like, “I’m doing Elvis songs. I’m an entertainer. This is what I do.” And I said, “Oh, you’re an Elvis impersonator.” “Well, yeah, you could say that.” But the reason I could say that is he thought he really was Elvis, not an impersonator. And I said “Okay, do you have a gig later or something?” “No, no, I just stay in my character, man.” And I’m like, “Really? You like go to Walmart dressed like this, and you go out to eat, drink, go to the bank like this?” “Oh, yeah, all the time, all the time. I live it.” I said, “Well, okay, I understand maybe it’s for your act or whatever but yeah, it’s yours.” I was kind of like Oh, man, but okay. He said “So, I really need your help and want to hire you.” All right, no problem. As far as the gun charge goes, he really is yet another victim of New Jersey gun laws. He’s bona fide victim. This never should have happened and it’s another extreme anti-gun bias situation. Just charge them now, sort them out later, kind of a deal. So, he retains me, and I’m happy to represent him. We go outside, and he’s got a whole Elvis TCB truck, you know everything set up. I mean it’s Elvis all over it. Everything’s Elvis, and I’m like, oh, what is this, but all right. Evan Nappen 04:53 So, anyway, we have our first court date, and it is set for arraignment. It never occurred to me but yes, you guessed it. He shows up to court in full Elvis regalia. Yep, 70s Elvis -white cape, rhinestones, TCB jewelry, the glasses, the sideburn deal, the whole bit. He is frickin Elvis walking the halls of Monmouth County court, and I’m his attorney. I’m like, oh my god. We get in the court. There’s a great judge, Judge Michael Farren. I love Judge Ferran. He’s the late Judge Ferran. Unfortunately, he passed away – a great judge. He was actually the judge that declared New Jersey’s assault firearm law was

Episode 12: Gun Control is Racism Also Available OnPodcast TranscriptGun Lawyer Episode 12 – Transcript SUMMARY KEYWORDS gun, blacks, pti, law, guns, rights, racism, lawyer, license, felons, funded, people, called, gun laws, new jersey, abiding citizen, jail, gun rights, undercurrent, convicted felon SPEAKERS Evan Nappen, Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. Evan Nappen 00:23 So, in the news, I’ve been seeing a lot of this, and it just keeps on coming. I always see the actual systemic racism in gun control. Now you hear, normally the folks that are anti-gun like to talk about racism and how racist everybody is, and all this. But yet, in my experience, I’ve actually seen it and experienced it with clients. In my study of the gun laws, I found how the history of gun law is really founded upon racism. What’s needed to be done today to correct this, it doesn’t seem like anyone’s willing to do it. Maybe it’s because of a lack of knowledge, but I would like to try to address that. I think this is really something that people should pay attention to. And it may be able to cross trestle, as they say. You may be able to get something done that’s pro-gun, even though the normal folks that you think might be against anything that’s pro-gun, might see the greater issue here – addressing the inequality and the built-in racism that comes with gun control laws. Evan Nappen 02:04 Let me tell you, in my experience here, I’ve had some famous cases that made national news that really highlighted and illustrated this, such as the famous Shaneen Allen case, which is definitely a major turning point in people getting the understanding, the recognition of how there is a racist undercurrent, an element that exists in this enforcement. Let me tell you about Shaneen. This was back in 2014, and she a single black mom, hard-working, worked in the medical field. She had been robbed a couple times. She lived in South Philly, a tough neighborhood, but she was a 100% law-abiding citizen. She was able to procure a carry license from the City of Philadelphia, which is actually, in and of itself, more difficult to get a license in the city than in the state, even though it shouldn’t be. But it is, and yet she had gotten her license, but the funny thing is, she wasn’t like a gun person, like gun activist, or the way a lot of us are. We love guns, we live for guns, we love to shoot, hunt, collect and everything about guns. She just wanted a gun to protect yourself, end of story, which is fine. She was trying to do it the right way. She went and got training and got her license. She was obeying the law as a law-abiding citizen. Evan Nappen 03:55 One day, she was driving from Pennsylvania into New Jersey. She was heading down to Atlantic City with her young kids because they’re going to have a birthday party there. Atlantic City offers special room deals and also, it’s fun just to get away with the kids. You can get a really bargain room there, have a great birthday party, and go to the amusement games and the boardwalk and all this stuff, right? It was a good idea. So, she is driving down, and she gets pulled over in Atlantic County, heading to Atlantic City. Now, of course, the reason for being pulled over, typical of the minor traffic allegation, not staying within lines or this kind of thing, and often you say is this simply a pretext for what is often called DWB (Driving While Black) and it could be. It’s very hard to say with specificity. Because how do you prove that, but you know, this undercurrent is there, right? It’s still there. Evan Nappen 05:19 Yet here she is, a single black mom. When she’s pulled over, she has her ID, driver’s license, and says “Oh, and by the way, I have a handgun and I have a carry license.” Why? Because she was told that if you’re stopped, make sure the officer knows that you have a gun, so they don’t get afraid and you don’t get shot. So, she’s following what she was told, and it makes sense, because the last thing that she needs is for the officer to think she is some person out to do harm to him. We understand officer safety, and we can appreciate that. So, she tells him, but the problem is in New Jersey, you see, New Jersey doesn’t honor any other state’s carry license. Not a single one. Even though, right next door, right over the border, she has an official license, legal, has her gun in her purse, legal. It was just over the border. In New Jersey, it didn’t amount to a hill of beans. So, what happens? Evan Nappen 06:23 She’s arrested and charged with unlawful possession of her handgun that is licensed and registered to her. She was doing nothing wrong and simply volunteered that she had it even, didn’t matter. What was she facing now for this? Oh, well, New Jersey is insane, draconian, out of its

Episode 10: The Gun Lawyer’s Daughter Also Available OnPodcast TranscriptGun Lawyer Episode 11 – Transcript SUMMARY KEYWORDS gun, lawyer, abby, knives, daughter, archery, shot, hunting, happy, women, life, deer, set, second amendment, wanted, shooting, talk, evan, nra, dad SPEAKERS Evan Nappen, Abby Nappen Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. Hey, today I have a very, very special guest on this show. Someone who is incredibly near and dear to me, and that is my daughter, Abby. Evan Nappen 00:41 Hey, I invited Abby on to Gun Lawyer show, because I wanted her to be able to talk about what it’s like being a Gun Lawyer’s daughter, because this poor soul has had to put up with me for her entire life, and I think I’ve permanently distorted her brain. You might get a few laughs hearing about how incredible she came out to be. Even though she faced a huge disability from the beginning, and that is being my daughter. But Abby, what I’d like to ask you today is first of all, tell us a little bit about yourself. How old are you? Abby Nappen 01:27 I’m gonna put my age out here? Evan Nappen 01:30 Why not? You’re a young woman, and I think it’s fair to say that because I think it’s important for them to know. Abby Nappen 01:39 I mean, phone number too? Evan Nappen 01:40 Well, alright, put it this way. You are somewhere around 20 years old. Let’s just put it that way. You’re around 20. We can agree. And the reason I want to have that out there is because there aren’t too many young women who really have an understanding about firearms and weapons and target shooting and all kinds of things that you’ve had quite a varied experience. As a matter of fact, tell us some of the things that you’ve shot or used as weapons. Tell us about that. I want to know what’s your weapons background, My 20-year-old Abby, Gun Lawyer’s daughter? Let’s tell the folks about that. Abby Nappen 02:29 Thanks to a certain parent. I think I’ve been shooting as long as I’ve been walking. Right? That’s cool. Evan Nappen 02:36 Yes, yes. Abby Nappen 02:42 If it wasn’t a real rifle, it was a BB gun. If it wasn’t a BB gun, it was a little slingshot, which is illegal in Jersey. I’m putting this out there. Evan Nappen 02:52 That’s okay. The statute of limitations is long past. Abby Nappen 02:55 I know. But we’re not there anymore. So, it’s okay. Yeah, it’s been fun. Rifles are fun. I got to experience shotguns, thanks to Gun for Hire. Not gonna plug them, but I love them. Evan Nappen 03:10 Oh, what do you love about Gun for Hire? Is that like your favorite place? Abby Nappen 03:14 Maybe? Evan Nappen 03:16 You love going there. Abby Nappen 03:17 I wouldn’t mind a couple tickets to go. Evan Nappen 03:19 We had your birthday there even, wasn’t it fun? Evan Nappen 03:22 What did you do for your birthday? What 20 or so year old girl says, “here’s what I want to do for my birthday.” And what is it you wanted to do for your birthday? Abby Nappen 03:34 Go to Gun for Hire. Evan Nappen 03:35 And what did you wind up shooting at Gun for Hire? Abby Nappen 03:39 So, we shot a lot. Luckily, I finally got to shoot a Desert Eagle, which is awesome. Evan Nappen 03:45 And that was a 50 Cal Desert Eagle. You didn’t stop there. Did you? Abby Nappen 03:49 No. We also did the very intense gun that I can’t remember the name of. Evan Nappen 03:53 The 50 Cal Barrett. Abby Nappen 03:55 Yeah. Got a big boy. Evan Nappen 03:58 You shot a 50 bmg Barrett. What was that like? Tell us? What do you think? Abby Nappen 04:01 It was fun. We had a really good instructor. Can I plug his name? His first name. Okay. His name is Will, and he’s a good noodle. So, he was awesome though, and was on us with safety and making sure that we felt comfortable even with the extreme gun in our hands. But he was really good. And he talked us through everything, especially with like the earphones and everything can be hard to hear, but he was really, really good with us and made my birthday a really special time. Evan Nappen 04:30 So, you’ve shot many different handguns. What’s your favorite handgun to shoot? Abby Nappen 04:36 Well, there’s always my classic which is a 1911. Like a 9mm version is probably my favorite. But I love Glocks in general The Glock 17 always fits the best in my hand, and it was my birthday number. Evan Nappen 04:50 Oh yeah, right. Well, yeah, you do have quite a collection. You even have a nice collection of knives, don’t you? Abby Nappen 04:59 Yeah. But we don’t tell many people that. Evan Nappen 05:02 Well, we can tell the folks who listen to this. Abby Nappen 05:04 I mean, it’s fine. Yeah. Evan Nappen 05:06 So, what are some of the knives you have, too? Abby Nappen 05:10 I know I stopped counting after 150. Evan N

Episode 10: Bang or Bong: How New Marijuana Laws Will Strip You of Your Gun Rights Also Available OnPodcast TranscriptGun Lawyer Season 1 Episode 10 – Transcript SUMMARY KEYWORDS marijuana, gun rights, gun, new hampshire, dog, coyotes, shooting, case, problem, medical marijuana card, lawyer, gun owner, client, law, legalized, user, federal law, legal, firearms, people SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. Hey, today I want to talk to you about marijuana and guns. That’s right, marijuana and guns. What about weed and those things we love so much that go bang? Well, I’ll tell you. There’s a phrase that I actually coined. Honestly, it was me. I coined this a number of years ago. When talking about marijuana and guns, what I said was, “bang or bong, you can’t have both”. Evan Nappen 00:56 That’s exactly what the story still is today. But I want to explain to you why in more detail because a number of states have legalized marijuana even for recreational purposes. New Jersey just legalized it for recreational use, as they like to call it. There’s been many states that have medical marijuana and issue the so-called “weed card”. As marijuana has become more legal across the country, for both medicinal and recreational use, my concern isn’t about entering the debate of whether marijuana should be legal or not. I’m not even going to take a position on that. It’s not something that’s personally of interest to me. But what is of great interest to me, is how it can affect gun rights of individuals. That’s where it’s very important for you to be knowledgeable about the impact, because a lot of folks really find it hard to believe that something that is sanctioned and lawful by the State, still screws you out of your gun rights at the Federal level. So, if for example, you have a weed card, a medical marijuana card, then that means you are approved by the government to use marijuana, Cannabis, etc. for whatever medical condition that card was issued. Evan Nappen 02:39 Now, a lot of folks say, “Well, hey, the state that I live in, says I’m good to go to have marijuana.” It’s legal. Why would that be a problem for my gun rights? Well, that’s because of how the Federal law works versus the State law. Federal law has a prohibitor for individuals who are users of drugs. Under Federal law, it prohibits any person who is an unlawful user of or addicted to any controlled, dangerous substance defined in the Controlled Dangerous Substance Act. It’s Title 18 § 922 (g) (3), if any of you are interested in looking it up. So, marijuana is in the Control Dangerous Substance Act. Therefore, if you are a user of that, it is illegal under Federal law. You are a prohibited person and cannot own, possess, or acquire firearms, and ammunition for that matter. You are prohibited for both things, firearms and ammunition. Evan Nappen 04:01 Even though the State gives you permission legally to do it, that doesn’t remove you from the Federal disqualifier. As a matter of fact, the State’s permission for you to use marijuana does the opposite. It actually confirms legally that you are a user and confirms your disqualifier for gun possession. So, it does the exact opposite. It doesn’t make it legal for you to own guns. It absolutely makes it clear that it’s illegal for you to have firearms under the Federal law. So, don’t be fooled by that. Now, the medical marijuana card is used by many people legitimately and righteously for ailments that marijuana absolutely helps, and I get that. However, there are some people out there who have the marijuana medical card that are taking advantage of it and really are not using it exactly for the medical purposes that it was intended. Evan Nappen 05:18 This is where history repeats itself. And that’s because of an interesting thing I want to tell you. I was down in Kentucky for an NRA convention, and I decided to check out the “Bourbon Trail” as they call it in Kentucky, where these fine Bourbons are made. I went into a great facility there, and it was the Buffalo Trace facility. And I know, this is alcohol, you say, how does this relate to me, but I’m going to explain exactly how because it was really fascinating. Buffalo Trace, which by the way, is a delicious bourbon, and I’m not being paid by Buffalo Trace to say that, but it is really great. We went through the whole plant there, and it really was amazing in how they do everything. Evan Nappen 06:18 One of the things that was really fascinating is it ends up that the Buffalo Trace distillery was one of four whiskey makers that were allowed to operate during Prohibition. They are one of the oldest that still exists in the country. I remember asking the guy, “Well, how did they operate during Prohib

Episode 9: Double Jeopardy And The Mystery Of The Harvard Bell Tower Also Available OnPodcast TranscriptGun Lawyer Season 1 Episode 9 – Transcript SUMMARY KEYWORDS firearm, accuracy, gun, shoot, law, lawyer, state, accurate, gun laws, rifles, curio, problem, ammunition, charges, expert, guns, pistol grip, ban, new jersey, judge SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:19 I’m Evan Nappen, and welcome to Gun Lawyer. Today, I want to tell you about some interesting things that I think will help protect you, and the way we do this is to learn from what has happened to others. I’ve been practicing gun law for over 30 years. I’ve done hundreds of cases, and some of them really have lessons to be learned. It’s astounding as to what the system can attempt to do to people, especially in a state like New Jersey, where the laws are so bad, and the anti-gun bias is so thick and heavy. They have this agenda to fit a narrative, and we’re up against it when these charges of firearm-involved matters get made and pursued. So, I had this one case that really is a great example of an absolutely law-abiding collector who was unbelievably meticulous in his record keeping and everything that he did. He got a C&R – Curio and Relic Federal License. His books were just perfect, and he had documentation on everything. He was following the law 100% to the letter, absolutely, doing it correctly. What happened was, and this is where, particularly if you live in New Jersey or other bad states, I would highly recommend not getting a CNR license. That’s the Federal Curio and Relic license, sometimes called a Collector’s License. It does allow you to acquire certain C&R firearms that are older than 50 years and are on the list of Curio and Relics. You can buy them even through the mail and have it shipped to you because you’re now a federal licensee. It’s a Collector’s License, and folks like it for that reason. But the problem is, New Jersey can access and really anyone can access the list of FFLs. It’s publicly put out there as to who has licenses When this case took place, the New Jersey State police took the list of FFLs which included Curio and Relic licensees, not just retail dealers, and they ran it against the New Jersey Retail Dealer License, which is a separate state license. When it came up with folks that had FFLs but did not have a state license, they used that as the pretext to raid these individuals as being unlicensed dealers. Even though a Curio and Relic License has nothing to do with being a gun dealer. It’s just the opposite your gun collector, but they didn’t care. This particular client was a subject and became a victim of this game. When they came and raided his house, the Feds and the State Police worked together. It’s like the old silver platter situation where the Feds send in someone to talk about the Federal License and then gives the information to the state. Then the state jumps on it and does the raid. That’s what they did to my client. They raided and seized from him all his wonderful collectible firearms. They seized his books that he kept, and they took his magazines. They ended up charging him with a series of New Jersey gun laws including: being an unlicensed New Jersey dealer; unlawful acquisition of handguns; possession of an assault firearm; possession of large capacity magazines, etc. They just slammed him with a dozen felony-level offenses where he was looking at lots of time. But you see, there’s only one problem – that was he was completely innocent of every charge. And I mean, absolutely bona fide innocent. So, I brought a Motion upfront to Dismiss the Indictment. I was able to show, as a matter of law, that he was completely legal, did not unlawfully acquire anything, and was legal for everything. The judge was a good judge, and he read the papers and agreed. He said your client really, as a matter of law, did not break any of the laws, even though he was put through this horrible experience, and arrested and all that and jailed, and they had to get him out of jail, and all this happened. But yes, he agreed, and he dismissed the case. And that’s great. And, hey, it’s a lesson. This is one of the problems you open yourself up to in these bad anti-gun states like Jersey. If you have a CNR, it can be abused and misinterpreted. That would all be fine and dandy, and a shame that he had to go through any of that, except for one thing. When you get something dismissed on motion, a lot of folks might be surprised to learn that there’s no Jeopardy. Double Jeopardy doesn’t exist. In other words, most of us know that you can’t be tried twice for the same offense. Right? Well, that’s the key there, tried twice for the same offense. When you dismiss it on motion, there hasn’t been a trial. So, Jeopardy hasn’t attached. That’s wha

Episode 8 Special Guest: Doug Ritter Knife Rights Also Available OnPodcast TranscriptGun Lawyer Season 1 Episode 8 – Transcript Special Guest: Doug Ritter of Knife Rights SUMMARY KEYWORDS switchblade, knife, knives, rights, year, second amendment, laws, state, ban, firearms, new hampshire, doug, fight, law, second amendment rights, lawyer, including, rid, passed, new hampshire’s SPEAKERS Doug Ritter, Evan Nappen, Evan Nappen 00:20 Hey, I’m Evan Nappen, and welcome to Gun Lawyer. I’m really excited today because I have a special guest here, a good friend of mine for years and years, and his name is Doug Ritter. Doug Ritter is from Knife Rights, and I hope you’ve all heard of Knife Rights. But if you haven’t, Knife Rights is really the premier organization that fights for our knife rights. You know, the Second Amendment is not the right to keep and bear guns. It’s the right to keep and bear arms. The Second Amendment covers knives as well as guns, and I’ve always had a special love for knives and guns. Matter of fact, I collect both knives and guns, and I have to strictly limit myself. It has to cut or shoot for me to like it. And that’s how I limit myself. But today we have Doug Ritter. Doug, how are you doing? Doug Ritter 01:21 Evan, I’m doing great. Thank you so much for having us on. Knife Rights is proud to be the second front in the defense of our Second Amendment. As you note, the Second Amendment isn’t just about firearms. Knives are an important part of it both historically and today in modern life. Evan Nappen 01:42 Doug, you know, I am always just so proud to have helped fight with Knife Rights, to see our knife rights, our knife liberty, and our knife freedoms increase. I really think that one of the important things about Knife Rights that people really I don’t think recognize, at least not enough, is the incredible impact that you and Knife Rights have had in what I have called the Knife Liberty Movement. Because Knife Rights with you at the head of Knife Rights have made incredible strides in changing state laws and removing the prejudices and the bias that has existed against knives. When was Knife Rights founded, Doug? Doug Ritter 02:37 So, Knife Rights was founded in 2006. It took a few years to get ourselves going and get our feet under ourselves. In 2009, we got involved in the fight against U. S. Customs’ attempt to redefine what a switchblade was. To essentially redefine a switchblade to include both assisted-openers and even one-hand opening knives, and that led to the fifth exemption of the Federal Switchblade Act. I’m sure you recall that fight. Evan Nappen 03:15 I do recall it, and that was great. Because the Federal Knife Law on switchblades, I don’t think there had been any changes to it until that fight where you were actually able to get an amendment that protected these one-hand opening knives. Right? I don’t think there was anything that was done. Doug Ritter 03:39 Well, other than the addition of ballistic knives. Evan Nappen 03:44 Well yeah, that would be talking anti. That’s pro, our pro movement. Doug Ritter 03:51 So yeah, and then in 2010, we started out with our state legislative agenda, which comprised, as you’re very familiar with, the effort in New Hampshire that you helped lead to repeal their ban on switchblade, dirks, daggers, and stilettos. Also, in 2010, we got the nation’s first Knife Law Preemption Bill passed in Arizona. This was also when we originally hooked up with Todd Rathner, our Director of Legislative Affairs, who has now been with us for 11 years. Evan Nappen 04:35 Now, the New Hampshire effort, which I was a part of and very proud to be, also got pre-emption in New Hampshire as well. Doug Ritter 04:45 2011. Yeah, you’re Evan Nappen 04:47 After you got Arizona. So, great progress was made in Arizona and New Hampshire. And really, I remember when we started that, and we were trying to repeal New Hampshire’s ban on switchblade, dagger, dirk, and stiletto. That law had been on the books for over 50 years or so. It was really archaic and ridiculous not only because of the misunderstanding about the importance of these knives, but also New Hampshire every year would run this festival called the Highland Games. Thousands of individuals would come to New Hampshire for the Scottish Highland Games, and what they all had with them was Scottish Dirks. Yet New Hampshire had a ban on Dirks. It was just an absurdity even for dirks, no less, switchblade or the automatic knife. Can you tell us, Doug, tell us about switchblade and automatic knife; what really is the truth about those types of knives? Doug Ritter 06:03 Well, the fact of the matter is that switchblades, as they’re commonly referred to in the law, automatic knives, which is what we refer to them these days, are simply another mechanism for opening a knife. It doesn’t ch

Episode 7 Why I Oppose Gun Safety Also Available OnPodcast TranscriptGun Lawyer Season 1 Episode 7 – Transcript Why I Oppose Gun Safety SUMMARY KEYWORDS gun, safety, guns, firearms, anti, oppose, criminals, lawyer, handguns, ban, perceptual, called, hear, term, saturday night, people, vigilance, hijacked, gun laws, flea market SPEAKERS Evan Nappen Evan Nappen 00:18 Hey, I’m Evan Nappen, and welcome to Gun Lawyer. Today, I am going to make a statement. I’m going to make a statement that you may find even controversial, but I’m serious about this statement. And that is, I oppose gun safety. That’s right. You heard me. I oppose gun safety. I bet you’ve never heard anyone say that before. No less publicly, right. But I’ll tell you what, there’s a reason why I’m saying that I oppose gun safety, and I’m going to tell you why. It’s real important, because I believe by the time you and I are finished today having our conversation, you, too, will oppose gun safety. Evan Nappen 01:08 You see, I wrote an article. This article is on our website at Gun.Lawyer, and you’re welcome to read this article. I think you’ll find it a fun read. It’s “101 reasons Why I Oppose Gun Safety.” Now, I’m not gonna sit here and just read you 101 reasons, but I am going to talk about this subject, because it’s incredibly important to our rights. It is incredibly important, that in order to protect our rights that you, too, oppose gun safety. Because we believe in the Second Amendment. We believe in our ability to keep and bear arms and to have firearms and to pass that on to generations. That’s why you must oppose gun safety. You may think, is Nappen off his rocker? What the heck is he talking about? Evan Nappen 02:05 Well, let me explain something. You see gun safety, the term gun safety, has been hijacked by the anti-gunners. They get together in their think tanks funded by millions of dollars from Bloomberg, Gabby Giffords, and all the folks that hate us and want to take away our guns and rights. They put together real slick words that they decide will help sell their side. Frankly, selling gun control is tough, because any rational, reasonable person realizes that it’s a fool’s errand. Not only can it not be done, but also it has the opposite effect. But nonetheless, they scheme and part of it is word use. So, they decided (they being the antis) that from now on, they’re going to use the term “gun safety” when talking about gun laws. By calling it gun safety laws, they then can go about trying to pass everything and anything on their wish list in the name of “gun safety”. Evan Nappen 03:26 So, I oppose gun safety when it’s been hijacked by the anti-Second Amendment lobby. And that’s what these people are, and that’s what they’ve done. You’ve got to make yourself aware because when you listen to the news, when you read articles, when you see things in the paper, you’ll see this term abused by the left. I oppose gun safety when it is a wolf in sheep’s clothing. It’s really set to attack and kill our firearm freedoms. That’s what they’re doing. They’re concealing it – hiding it behind this term, “gun safety”. Gun safety has, in fact, become a dog whistle for the left. They will spout it, and you’ll hear the talking heads say it and you’ll see it. You’ll now become what is called “perceptually vigilant”. Evan Nappen 04:37 Let me tell you about perceptual vigilance for a minute. Perceptual vigilance is where you suddenly are seeing something that you had not seen before, at least not consciously noticed. When I first heard about this term, perceptual vigilance, as a young teenager, I was with my dad. We would go to the flea market every Saturday. I loved it and treasured the wonderful time with my father going to the flea market. I looked forward to it. It was the most wonderful father/son time. We would drive about 40 minutes from the house, spend the day, and drive back. I had a great bonding and wonderful time with my dad, and we talked about all kinds of things. Evan Nappen 05:24 I had heard about this concept of perceptual vigilance. What it is, is, if you are pointed out about something, you then notice it, even though you never noticed it before. So, a good example might be, you get a Volkswagen Bug as a vehicle. Now you see them everywhere. Wow, at every turn you see them, right? Well, my father and I said, let’s try an experiment. What’s something we have no interest in? We’ve been to the flea market 100 times or more. What’s something we have no interest in? Well, it happened to be that my father and I had absolutely no interest in surfing. We figured surfing. Now, there’s nothing wrong with surfing, and if you love surfing, God bless y

Episode 6 Scott Bach, Esq. Also Available OnPodcast TranscriptGun Lawyer Season 1 Episode 6 – Transcript with Special Guest, Scott Bach Gun Lawyer S1 Episode 6 Time • 36:33 SUMMARY KEYWORDS new jersey, gun, gun owners, people, scott, nra, fight, gun laws, state, anti, criminals, law, ranges, lawyer, legislators, gun rights, association, opened, lockdown, evan SPEAKERS Evan Nappen, Scott Bach Evan Nappen 00:18 Hey, I’m Evan Nappen and welcome to Gun Lawyer. Let me tell you, I am really, really happy today because we have a special guest on the show, someone who’s been a really close friend of mine for many years. I am extremely excited to have on the show to talk about the importance of what he does, and his name is Scott Bach. Now, Scott Bach is a Board Member of the National Rifle Association (NRA). Scott is also the Executive Director of the Association of New Jersey Rifle and Pistol Clubs (ANJRPC). He has served that State Association, which is a state NRA affiliate, for many years, and has been able to take New Jersey gun owners through some of the most tumultuous, dangerous times to our rights. As bad as New Jersey is, it would have been so much worse without Scott Bach at the helm, and I can tell you that because I saw it first hand. So, let me introduce and say hello to Scott. How you doing, Scott? Scott Bach 01:49 Hey, Evan, it’s great to be here, and don’t leave yourself out of the equation, because as you well know, you’re one of the Association’s secret weapons when it comes to doing what we do. You’re one of the unsung heroes of the New Jersey legislative battles for the last 15 years, and you’ve been a great friend. You’ve helped shape our policy and our actions with some of your sage and insightful advice. Evan Nappen 02:19 Well, Scott, I really appreciate your saying that. But you and I are in this for the same reason. As we both know, it’s because we believe more than anything in the Second Amendment and our God given fundamental individual right to keep and bear arms. You and I both get completely frustrated at times over the sheer stupidity of the laws that not only get proposed but also the ones that have even passed. Those laws turn law-abiding citizens into criminals. We’ve seen that happen over and over again, and we’re constantly in this fight. Frankly, we are the underdog in this fight. The media doesn’t give us our do. We are independent, really, of any mainstream, because they are driven by an anti-gun agenda. So, being able to do this, the show, is a way to break through that and to get our message out. That’s why it’s really important that our listeners understand why their state associations are vital to their rights. Now, you happen to be at the top of one of the most challenging state associations to be in because it’s in New Jersey. The things that you face and have to deal with really are severe, but the fight is across the country. Any listener, number one, you not only need to belong to the National Rifle Association, but you also need to belong to your state affiliate of the NRA, because that state club is critical. Scott, tell us why. What makes the state association so important to individual gun owners? Scott Bach 04:25 Well, the state association is like NRA’s face on the ground. NRA is dealing with 50 states, and while NRA does an incredible job in those 50 states as well as nationally, there’s nothing like having people whose lives and energies are completely focused and absorbed on what’s going on in their particular state. That’s what we do. We call the association by its initials. It’s a mouthful, ANJRPC, otherwise known as Association of New Jersey Rifle and Pistol Clubs, and we are NRA’s face on the ground. One of the key reasons to be a member of your state association, every state has one. They’re not all as active as we are, but one of the reasons is to get that intensive focus. That’s what we do – we actually engage a lobbyist whose job it is just to monitor what’s going on in Trenton. Scott Bach 05:26 Most gun owners in New Jersey aren’t aware of it. But at any given time, there’s probably three to 400 anti-gun bills that are in the legislative process. They’re introduced, most of them are just sitting there, and we have a person who gives us an early warning, and early heads up if one of them moves – most of them don’t move. Most of them just sit there, and being able to sort out the ones that are going to move from the ones that are not going to move because you could have five people sending out 10 alerts each a day on pending legislation. We are committed to conserving member energy, and we only send out an alert when there’s a real threat that’s become actual. Just because a bill is introduced doesn’t mean it’s going to move through the pr

Episode 5 Traffic Stops: What NOT To Do Also Available OnPodcast TranscriptGun Lawyer Season 1 Episode 5 – Transcript Traffic Stops: What NOT To Do Gun Lawyer S1 Episode 5 Episode Length • 33:45 SUMMARY KEYWORDS officer, police, rights, consent, knife, attorney, gun, pulled, criminal charges, lawyer, question, state, waive, firearm, drill, tiger, civil, problem, implied consent, probable cause 00:19 Welcome to Gun Lawyer. I’m Evan Nappen, and I am really happy that you are joining me for today’s show, because I have some really interesting things to discuss; things that I’ve learned throughout my legal career. It gives me some insight into things that are current events, and I want you to have that same insight when you hear about these things. 00:44 You may have noticed recently in the news, there was a report out of Philadelphia regarding Walter Wallace. Mr. Wallace, who had mental health issues, was having some type of a crisis of some sort. When he came out in the street, he was brandishing a knife, and the police shot and killed him. It led to rioting in Philadelphia over this. So, you know, it’s an interesting case. One of the things that recently happened in the aftermath of that case is that the family attorney for Walter Wallace’s family, who is representing them, announced that he does not want the Philadelphia officers to face murder charges even though there was so much politicization of this. There was so much agita in the community, and riots and claims of the misconduct by the police. This attorney came out on behalf of the family and says, he doesn’t want them to face murder charges. He says, instead, he believes that the officers were simply improperly trained and did not have the proper equipment to do their job. The equipment he’s referencing is devices like a taser, a less than lethal tool. He publicly made that statement. 02:34 Now when you see that, you might say, wow, that’s really gracious, benevolent, for him to want to do that given the racial strife and tension. We’ve seen these things go political where they prosecute the police. And here’s a guy who says, no, no, no, don’t charge the police. You might take a step back and say, wow, that’s almost refreshing, given the environment surrounding all this. In order to understand what I believe is actually behind that, which may be that they’re benevolent and maybe that they’re gracious, it may very well be all of that. But I want to tell you a story that illustrates maybe with a little more clarity what often is a case. When it comes down to civil liability, this was a story that was told to me by a fellow attorney many years ago, but I always remembered this story. It’s such a great story because it illustrates the distinction between civil and criminal and how it can be very important to fully appreciate that distinction. 03:56 My friend was in his office one day, and a woman comes into his office and says, she’s very, very upset. She’s very upset because her husband, whose nickname was Tiger, was partying with a number of friends, and one of the friends was an off-duty police officer from a northern New Jersey city. Well, they were partying (it was St. Patrick’s Day), and they were bar hopping. It seems that Tiger and this police officer were kind of arguing with each other. They were kind of mad at each other, and they weren’t really celebrating St. Patrick’s Day in the spirit as it is intended. They got to a point where they pulled into the Friends of Shillelagh Bar. While they’re at the Friends of Shillelagh Bar, the argument kind of went even further, and they both went outside in the alley way. They were about 15 feet apart or so. The off-duty police officer shot Tiger right between the eyes with his off-duty weapon. Tiger’s wife was, as you can understand, upset about this, and she was very frustrated because the Prosecutors in the county were not pursuing criminal charges against this police officer. They’ve been sitting on it. My friend said, Well, why aren’t they? What’s the deal? Well, believe it or not, what the Prosecutors are saying is that the officer simply fired a warning shot. It just said it was too low. So that having been said, she really thought that was pretty outrageous, and wanted my friend to pursue and push the Prosecutor’s office to go after the policeman who did this criminally. Although my friend was willing to help her out here, he wanted to explain something to her. And this is what he said. 06:26 “I can do this, and we can try to push murder charges, criminal charges on the officer, but I want you to understand something. The state is essentially saying that he fired a warning shot, and it was not properly done – that it was fired too low. In other words, there was inadequate training given to him, inadequate instruction, and suc

Also Available OnBeware the Mental Health Catch 22 Podcast TranscriptGun Lawyer Season 1 Episode 4 – Transcript Beware the Mental Health Catch 22 Gun Lawyer S1 Episode 4 SUMMARY KEYWORDS gun, mental health, new jersey, guns, firearms, expungement, rights, problem, Dave, state, gun rights, Garand, nics, commitment, lawyer, anti, gun owners, doctor, mental health issue, collector 00:18 Welcome to Gun Lawyer. I’m Attorney Evan Nappen. What I want to talk about, so I’m going to tell you an interesting story. You see, I’ve been practicing gun law for well over 30 years, and I’ve represented all kinds of folks in every type of gun situation. I’ve practiced in the toughest gun control state in the country, which is New Jersey. In doing so, a lot of times my experiences have given me pause for reflection — thinking about how bad the system is and what it does to people. 01:05 But what I want to tell you about today is, without a doubt, one of the most scariest situations I was ever in as a person practicing gun law as Gun Lawyer. Here’s how it went down. You see, I’m fully immersed in our wonderful gun culture. I’m a collector, I’m a shooter, I hunt, I do everything that involves firearms you can legally do and really have a passion for gun collecting. I’m proud to say that I’ve been a life member of one of the largest gun collector organizations on the East Coast. They have great gun shows, and I’ve been going to gun shows since I was 17. If any of you know the Forks of the Delaware Weapons Association, what’s affectionately known as the Allentown show, that’s been a show that I’ve been going to since I could drive. 02:09 Well, I’ve made friends and acquaintances there from the Allentown show, met top notch collectors and folks that really know their stuff, and it’s really a great experience. If you ever get a chance to go to the Allentown show, by all means go. One of the folks that I knew well from the Allentown show who was a collector and also a dealer and very knowledgeable, one of the most knowledgeable guys in terms of historic firearms. Well, he had an FFL in a gun store down in the south, but he resided, and originally came from New Jersey in the north. During the summer months, he would be up in New Jersey. He had a very nice house on the shore, large house near the ocean, and he had his personal firearms there. When he would close up down south, he would bring his inventory with him, and he would secure it in his home in Jersey. He didn’t want to leave it just sitting there unattended, but he didn’t deal in firearms in New Jersey. He was strictly a dealer in the Southern Carolinas where he had his shop and all that he enjoyed. 03:32 So, he’s in his home, and he has his firearms – all his personal collection and guns that he has secured from his business. One day I’m driving, and I get a call from his wife. And his wife says, “Listen, the State Police are here, and they’re raiding the house.” She’s very upset, and my buddy, Dave, he’s very upset. “You need to need to come over here because we don’t know what to do.” I said no problem. So, I immediately went to the house where they were. Upon going in there, I saw there was half a dozen State Police, and they were taking his firearms out of the house. I’m like “what’s going on”?, Apparently they for some reason believe that he was acting as an unlicensed New Jersey dealer, which he was not, okay. We later were able to show this was not the case at all, but didn’t matter somehow they got this bad information and ended up raiding and seizing his guns. 04:44 Now, you see Dave was a really interesting guy because not only was he a collector and a historian, but he also was a veteran of the Korean War. He was formerly a tank commander in the Korean War, and he fought in the Battle near Yalu River. He’s known as one of the chosen frozen, chosen whatever they call them, and he was there, been there done that, and he was a very experienced guy when it comes to that. Dave was also a fierce patriot and believer in America and in our rights. So, when I got there, I ran into his wife and I said, “Okay, I see the State Police are doing this.” They had the papers, they had the warrant ,they had what they were doing. So, okay, where’s Dave? Well, I don’t see him. “I think he may be upstairs”. Upstairs was his office, where he had his private office up there and a number of his personal firearms and other things. So I said, “Okay, I’ll go up there, and I’ll see what is going on. I can talk to Dave more about the police just taking all his guns out to the van and loading them up and taking everything.” He hadn’t been arrested yet, because this was the search warrant part. I get up th

Also Available OnNJ Fire Chief Arrested by ATF for Possession of Fuel Filters. No…Really! Podcast TranscriptGun Lawyer Season 1 Episode 3 – Transcript NJ Fire Chief Arrested by ATF for Possession of Fuel Filters SUMMARY KEYWORDS gun, rights, attorney, fuel filters, anti, gun owner, second amendment, NRA, safety, guns, suppressors, people, assault weapon, gun laws, group, constitution, reality, Evan, firearms, gun rights Welcome to Gun Lawyer, I’m attorney Evan Nappen. Just recently, a client retained us on a case that I find to be very disturbing, yet at the same time, typical, and there are lessons that every law-abiding gun owner can learn from this. It involved my client who was on Instagram, and he saw an advertisement on Instagram to purchase fuel filters. The fuel filter ad on Instagram shows cars, shows the filter, shows where it goes, shows how to use it, how they look cool, and they go on the vehicle. They come from China, and they will give you a great deal. I think two of them for 45 bucks if you bought two. I think he got a deal at 45 bucks a piece if you buy two. So, he ordered two of these fuel filters. When they came in from China, he was trying to figure out how these things get used as fuel filters. He went to his friend at Napa Auto Parts, and he asked them do they sell whatever material might go into the filter or how does this work. His friend said none of these are not filters. This is something that really could be a problem because it could become a silencer or suppressor for firearms, and you don’t want to have this. You want to get rid of it. As soon as he learned that he should get rid of it – the very next day – he went to his local police, which was the Carlstadt Police in New Jersey, and he voluntarily surrendered these two fuel filters to this police department. He spoke at length with the Detective. He was the one that initiated the contact, got rid of it, told the detective he doesn’t want them and what the issue was. He also explained that he had placed a second order because there was a huge delay in this other one coming to him, he thought they had lost it and there was kind of a mix up. So, he ordered a second order. He said detective that’s coming, and he’s gonna cancel that. In fact, he contacted the vendor via email – said don’t send it, I don’t want it. He canceled his PayPal payment and contacted his bank on that as well. And even told the US Post Office not to deliver it. But approximately 10 days later, to his surprise, a package shows up at his door from this company. He immediately takes it in the car, and he immediately goes to the police with the package. He parks at the building and he’s walking into the station to surrender. He is suddenly arrested by a cadre of Federal and State law enforcement, Homeland Security, the County Prosecutor etc. And they arrest him. Now they had been obviously surveilling him. In fact, Homeland Security apparently got the package and made the delivery, not the Post Office. He tried to not take it, and they purposely set a trap for him. Let me just tell you, they then charged him with possession of silencers, and it led to his home being raided and all his guns seized. They then proceeded on a smear campaign where they immediately did a news release that this is part of an international arms trafficking issue for investigation and that he had quote “smuggled these, smuggled, – it’s called mail from China – as if you smuggled them, blew it so out of proportion. It’s just outrageous because what it stands for, is if you try to do the right thing and surrender this, it’s gonna get you is arrested, charged, your home raided, and your rights taken. Now we’re engaged in fighting to save him from this ridiculous scenario. Of course, the real question is if Homeland Security’s involved, then why are these ads still on Facebook and Instagram. Just today I was looking, and there they are – fuel filters – you know blah, blah, blah, same thing, they didn’t take them down. Considering how fast Fascist Book will rip down free speech and Instagram, which they own as well, right. Considering how fast they’ll particularly knockout conservative voices without any problem, they let ads from China with suppressors disguised as fuel filters allegedly – no problem – keep selling them boys, all okay. And Homeland’s fine with that They’ll just set up law-abiding citizens that mistakenly order these things. I mean it’s outrageous. Of course, I don’t even think these were complete. There are, you know, just like there’s 80 percenters on guns, there’s 80 percenters on suppressors. I don’t even know if they were drilled. I haven’t had a chance to look at them. I don’t think they were so I don’t even think they were operational to begin with

Also Available OnShould Convicted Felons Be allowed to possess a gun? In this episode, Evan takes on this controversial topic from an angle you never expected. Podcast TranscriptGun Lawyer Season 1 Episode 2 – Transcript Systemic Racism, Amy Barrett and the Honey Badger SUMMARY KEYWORDS firearm, brace, felons, gun, switchblade, arm brace, short barrel rifle, pistol, Amy Barrett, dissent, convicted felons, handgun, loophole, law, rifle, democrats, Charles Schumer, gun laws, ban, systemic racism I’m Evan Nappen, and it’s time for your Gun Lawyer conference call. You know, I was watching the hearings, as I’m sure many of you were, with Amy Coney Barrett. And I thought she’s fantastic. Oh, man, we are just blessed to have someone like her. Not only because she’s a student of the great Scalia, but because she is an Originalist. What that means is she will interpret the Constitution as our Founders meant it to be interpreted and not this garbage of the Constitution being a living document. Okay, it’s not a living document. No document is living. It’s not living. What it is, is a solid foundation of our laws, and it needs to be applied in the manner that it was originally designed to be applied. And to get someone like Amy Coney Barrett replacing Ruth Bader Ginsburg, good grief, the opposite of an activist judge – a judge who interprets the Constitution under today’s standards that are often insane. This is super important. And yet, what totally thrilled me is that Judge Barrett was asked in her questionnaire for being vetted here by the Senate on her to become a justice on the Supreme Court: What she felt one of her most significant cases, significant opinion she’s ever written, what is it? And that was just awesome what she said, because what she said is that her dissent in Cantor versus Bar, which was a Seventh Circuit decision. Her dissent in that case, was what she considered to be one of her most significant decisions. I think about how many cases she’s ruled on and how many things you know, she covered in her legal tenure so far from qualified immunity and employment disability and hostile work environment claims and interpretation of Federal immigration laws. And yet, her choice was her dissent in Cantor. Which is awesome, because what was Cantor? Cantor involved an individual who had been convicted of a felony for selling a bad shoe insert – a shoe insert that apparently had not been approved by the FDA. They charged him with fraud in this regard, and he became a felon for this non-violent, shoe insert offense. And Cantor said, look, why am I permanently disbarred of my right to have a gun, over a felony conviction which was non-violent, and involved nothing having to do with guns or threat to anybody’s life or limb, none of that. Judge Barrett wrote this great dissent, saying why this should not be a bar to him, that this felony conviction should not take away his right to have a firearm. Now, this was a dissent because the other judges disagreed with her. But that just shows you the guts, the balls, the commitment to her philosophy of the Constitution. Her dedication to the actual Constitution and to write this dissent, and in effect, say that not all felons should lose their right to have a gun. If you watched the hearings, you saw the anti-gun left Senators trying to go at her on this, trying to paint a picture – oh, you think felons should have guns and just painting it like she’s gonna be arming, you know, Charles Manson or something, which is hardly the case. But I want to go a little deeper here because there’s an issue that is not being portrayed here in a way that it should be. And it’s important, it really is. Because when it comes to felons not being able to own guns, I think an average citizen can see the absolute unfairness in somebody losing a Constitutional right. When first of all, they paid their debt to society. They did their time for the crime, they paid their price, and yet, there’s this continuing price on their head that they have to pay for the rest of their life, in terms of a loss of a fundamental right. On its face, that seems pretty outrageous. When the Federal gun laws were put forward, particularly in the 1968 Gun Control Act, they added a provision called Relief from Disabilities. It is a relief from disabilities under U.S. Title 18, Section 925. It allows convicted felons to apply to get a restoration of their gun rights, to get a relief from the disability, the disability being the ban on them to ever possess a gun. There’s an entire process laid out under Title 18 Section 925 to do this. It has also been put in by way of regulation on how to do it. It requires a showing by the person. You apply to the BATF, and you have to put forward, essentially prove, that you’re now a good person. You have reformed, been rehabilitated. You are an asset to soci

In this Premier episode, Evan pulls back the curtain to reveal the diabolical, systematic, backdoor plan to abolish the Second Amendment forever. Also Available OnPodcast TranscriptGun Lawyer Season 1 Episode 1 – Transcript Hi, I’m Evan Nappen. And it’s time for your Gun Lawyer conference. Hey, welcome to this premiere episode of Gun Lawyer. And what I’m going to discuss today is critically important. It’s critically important because our rights are absolutely on the line. It’s never been more stark in terms of the contrast. And what I’m talking about, of course, is the Presidential election. What I want to do is give you actual understanding of what Joe Biden’s plans are. In terms of the gun issue, there’s nothing more important to our rights than getting President Trump re-elected. And I’m going to explain why by going through Joe Biden’s actual plans and platform for what he’s going to do in his attempt to destroy our Second Amendment rights. And it’s nothing less than a destruction of our Second Amendment rights. I’m getting this directly from Joe Biden’s website, by the way. And he has proudly put this out, and it’s hiding in plain sight. And yet, I don’t know anywhere where it’s actually been discussed, actually been reviewed and explained as to the horrible consequences should Biden succeed and the Democrats take control of the Senate and get this agenda through. And let me be clear, this is not just pie in the sky stuff from Biden. This is the new and the Christmas list, if you will, wish list of all the anti-gun groups for which Biden is bought and paid for by Bloomberg, and his organizations such as Million Moms and Moms Demand and the BLM and the Every Town and on and on all the money’s all the issues here are going into seeing this agenda get through. And this anti-gun agenda is really startling and they will pass it because it has been fully paid for to get passed. So this is scary times. And when I explain these things to you, I’m sure you’ll be amazed as well as to how far Biden intends to take his plan in his first four years, for that matter, his first hundred days. First thing on Biden’s agenda is to repeal the Protection of Lawful Commerce in Arms Act. Now what is that? Well, that is a law right now that protects gun manufacturers and dealers from lawsuits, many which are even frivolous, but lawsuits designed to destroy the firearm industry. The theory is to sue gun manufacturers and even dealers when somebody commits a wrongdoing with a gun, when a third party does something wrong with a firearm and the firearm perform perfectly as designed. They want to sue the manufacturers and the dealers and hold them responsible. It would be like being able to sue the car company because of a car accident that you caused with a car. You know bank robbers robber bank with a car so you sue the car company because they used it unlawfully. Well, that’s what they want to do here. They want to make it so that the Trial Lawyers can use the tort system, the civil personal injury laws to actually litigate into oblivion, to use the tort system to destroy the gun manufacturing industry by allowing the civil lawsuits to proliferate. And that’s what the lawful Act, the Protection of Lawful Commerce Act protects now, and Biden wants to remove it. And it will have devastating consequences to our ability to even buy a gun or ammunition for that matter. Time code: 5:19 Now that tops off the agenda that’s right at the beginning, but it gets significantly worse. And it is quite thorough, what he wants to do is to ban the manufacture and sale of assault weapons and high capacity magazines. Now remember, Joe Biden helped usher through the 1994 Assault Weapon Ban with spearheading it with Diane Feinstein and got it through. That was the first Federal assault weapon ban that was sunset for 10 years, and it went away and it did not get re-enacted. Well, Biden wants to bring it back only 100 times worse. What he’s gonna do is, this time around, there’s going to be a ban on all new manufacture and sale of any new so-called assault firearms, and so- called high capacity magazines. Time code: 6:29 But last time, everything was grandfathered, as you may recall. So they banned new manufacturing sale, but anything that was out there, you got to keep. But not this time, folks, no, no, not this time. This time, he is going to make every magazine fed, semi-automatic rifle into the equivalent of a machine gun under federal law. He is going to put every one of those guns into the National Firearm Act (the NFA) from 1934, in the same category as machine gun. So that if you want to keep your semi-auto, you’re going to have to register it with the National Firearms Act and pay a $200 tax, it’s actually a tax, $200 tax per gun, and per magazine for that matter. Becaus