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Episode 266-NJ Target-rich for DOJ
Episode 266-NJ Target-rich for DOJ
Also Available OnSearchable Podcast Transcript
Gun Lawyer — Episode 266 Transcript
SUMMARY KEYWORDS
Second Amendment, gun rights, Justice Department, civil rights, New Jersey, institutionalized racism, carry permits, mental health disqualifiers, unlawful possession, extreme risk protection orders, national reciprocity, gun laws, Second Amendment oppression, gun rights office, gun lawyer.
SPEAKERS
Evan Nappen, Teddy Nappen, Speaker 2
Evan Nappen 00:16 I’m Evan Nappen.
Teddy Nappen 00:18 And I’m Teddy Nappen.
Evan Nappen 00:20
And welcome to Gun Lawyer. So, here’s an exciting bit of news, and that is that the, and this is, by the way, from Reuters, the “US Justice Department plans gun rights office within Civil Rights unit”. (https://www.reuters.com/legal/government/us-justice-department-plans-gun-rights-office-within-civil- rights-unit-2025-11-25/) This is a long time in coming, my friends. According to the article, it says the Justice Department plans to expand gun rights protections with a new office in its civil rights division dedicated to enforcing the U.S. constitutional right to bear arms. The office is called the Second Amendment Rights Section, and expects to open on December 4, and it will be dedicated to investigating local laws or policies limiting gun rights. Oh, my God, New Jersey is a target-rich environment. I think this section could dedicate itself full time just to bringing civil rights charges against New Jersey. The article further states here that the section intends to execute the broad policy directions from a February executive order issued by President Trump directing Bondi to comb the entire U.S. government to assess any ongoing infringements of gun rights. So now they’re going to be looking even closer at localities.
Evan Nappen 02:11
Now, apparently, very interestingly, earlier this year, by the way, there was a civil rights investigation launched by the DOJ against the LA Sheriff’s Department who were slow walking approvals for concealed carry permits, and gun rights groups launched a lawsuit over that department’s process fees and wait times. Well, good grief. If you want to see slow walking, just look at New Jersey. Look how long they get to take on issuing licenses for us to exercise our Constitutional rights. Now I’ve just come up with, right away, six key areas I’d love for the civil rights section to look at, and if they are listening, I’d be happy to speak for free, to advise in any capacity along these lines of my knowledge of New
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Jersey gun law and what New Jerseyans have been suffering for years at the hands of the Second Amendment oppressionists.
Evan Nappen 03:32
Let’s take a look at just a short list of maybe a half dozen issues that are out there in New Jersey that need to be investigated for civil rights violations. Number one, we have documented institutionalized racism. So, this blends the traditional civil rights investigations into racism with the new sections dedication to the Second Amendment. The actual data of the institutionalized racism is out there and provided by none other than the New Jersey Attorney General. In terms of carry licensing, in terms of gun licensing, the denial rate for blacks, utilizing what I call the all inclusive miscellaneous weasel clause, which is officially known as “public health, safety, and welfare”. This is the vague disqualifier found under our gun licensing law under N.J.S. 2C:58-3c., which is the standard applied to every gun license in New Jersey, whether it’s a Firearms ID Card, Pistol Purchase Permit or Permit to Carry a Handgun. And what is discovered here is that blacks are denied more than two and a half times to whites under that provision, folks.
Evan Nappen 05:17
We’re not even talking any other disqualifiers where there are higher ratios of, you know, per se disqualifiers like felony convictions and all that. We’re not even including that institutionalized racism, which gets even to another level. We’re just talking about abuse of the arbitrary, subjective standard by issuing authorities in New Jersey to have data, demonstrable data, of racism. Here’s something that they can jump on to go after — public health, safety, and welfare. That arbitrary and subjective requirement needs to go. It is the key area of abuse. And yes, it’s applied disproportionately to minorities, but it also is applied arbitrarily to thousands of New Jersey gun owners who wish to lawfully exercise their Second Amendment rights. So, that is an excellent area for this civil rights division to examine.
Evan Nappen 06:36
Additionally, New Jersey has disqualifiers that go beyond and questions that go beyond anything else out there, particularly under federal law. New Jersey asks, have you ever been treated or observed for any physical or mental condition? So, if you’ve just seen a psychiatrist, now that’s questioned on the form. And now you have to pay to hopefully find a doctor who’s not a coward, who’s willing to say, even though they know in their professional opinion, you’re safe for guns, but they have to take on that liability and be willing to say that you are safe for firearms, for you to exercise your Second Amendment rights simply because you were treated or observed for a mental condition. Even further under the Carry Killer bill, not only are involuntary mental health commitments a per se disqualifier, but in New Jersey, voluntary commitments, if you voluntarily went to get some help, you now have to get a mental health expungement of those records.
Evan Nappen 07:55
And folks, that is not an easy thing to do. It costs thousands of dollars and lots of legal time. We have to file a court action to get a mental health expungement, and you need a doctor’s report to accompany that, that you have to pay for to get a mental health expungement. And we’re talking here about a voluntary commitment, no less touching even upon involuntary commitment. This causes enormous
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problems, an enormous expense burden. It’s another outrage. The whole abuse regarding psychological treatment being turned into a disqualifier is another tool of the Second Amendment oppressionists to stop the lawful exercise of Second Amendment rights.
Evan Nappen 08:54
How about examining New Jersey’s absolutely insane, draconian extreme, beyond belief, penalties for
simple charges of unlawful possession. And look, you might say, well, no one should unlawfully possess, and this is the game that they play. But in reality, the exemptions are so narrow that if you’re in any way outside them, you can become a victim of New Jersey gun laws. If you’re charged with unlawful possession of a handgun because you went to your friend’s house with the gun and you didn’t have a carry permit. If you brought it empty, unloaded in the box, just to show them, and your friend even wanted you to bring it over to show it to him. Well, there’s no exemption that allows for that. You get charged with unlawful possession of a handgun. You’re looking at a Second Degree, felony level offense. It carries up to 10 years in State Prison and has a minimum mandatory three and a half years, with no chance of parole, and there is no exception. If you get convicted of unlawful possession of a handgun, the judge’s hands are tied. You get hit with this draconian, extreme, insane penalty regardless of the circumstances surrounding your unlawful possession.
Evan Nappen 10:31
And it doesn’t just end there, because the beginning part is when you’re charged with it. You are thrown in the Gun Owner Gulag. And what is that? That’s where New Jersey got rid of cash bails. You’re going to spend probably a week before we have any chance of even getting you out on a hearing to try to stop your pretrial detention, where as a routine by these Prosecutors Offices, as a policy of the prosecutor’s offices, they routinely seek pretrial detention on any gun charge. To hold you in jail until your trial for a simple mistake, a possessory offense. It is an outrage and an abuse of our right to a reasonable bail as well as our Second Amendment rights, and it is weaponizing the bail system with cashless bails against gun owners. And they want to make that even worse, my friends. Make it even worse by a law that’s already passed half the legislature to make it that any firearm offense has a presumption against release. This means if you’re simply charged with any firearm offense, you will have to stay locked up until your trial or until your matter gets resolved. This needs civil rights action now. How about another one.
Teddy Nappen 12:09 I would add.
Evan Nappen 12:10 Go ahead, Teddy.
Teddy Nappen 12:11
I want them to go after the “Safe Office”, that weaponized political prosecution unit that they have set up to go after gun shops. To basically sue our rights into oblivion, creating the actual gun deserts that they’re trying to create. Just malicious prosecution. And then the back that way.
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Teddy Nappen 12:35
How they’re trying to register gun accessories and parts or gun-related products.
Evan Nappen 12:35 You’re right.
Evan Nappen 12:42
By abusing the consumer protection laws. This agency itself is a civil rights violation of the Second Amendment, and that’s what they’re designed to do. To have a back door, to try to get past PLCAA, Protection of Lawful Commerce in Arms Act, to try to go after the gun dealers. To take full advantage, under the guise of consumer protection, to create requirements and elimination of gun dealers. And you’re absolutely right, Teddy. That’s another area for this civil rights division to seriously look at, bringing an action to try to take that down. I’ll tell you another one. Red Flag in New Jersey. What is the ERPOs. The Extreme Risk Protection Order, which begins as a TERPO, a Temporary Extreme Risk Protection Order. Here’s the starting point for that. There is no due process up front. Zero. Zip. On a TERPO. Whoever makes the claim against you, you never get a say. They go to the court, and they make their claim, whether it’s the police or other parties. You’re not even told about it. They listen to whatever garbage is spewed. Nothing is there to challenge it, and a TERPO Red Flag issues, seizing your guns and taking your gun rights. Only after the damage is done, after your house is raided and searched, after your guns are seized, after your rights are yanked from you with no due process, will you finally get a hearing to actually try to fight to get your rights and your property back. And after that, the damage and the trauma by the Second Amendment oppressionists has already occurred. This is a civil rights violation they need to look into.
Evan Nappen 14:40
And it doesn’t just end with TERPOs. We also have the Duty to Warn in which the abuse is hoisted upon any medical professional, doctors, nurses, even therapists, social workers, etc. They are required to immediately contact the police if you make any statement of harm to yourself or others. And it doesn’t matter whether it’s just a hyperbolic statement. It doesn’t matter that you just happen to tell a nurse that man, I had such a bad day I could kill myself, or that guy got me so mad I could kill him. It’s like making a bomb joke at the airport. Your guns are going to be seized. Your rights are going to be taken with no due process up front. Just like the TERPO. Then you get to fight later to try to get your property back, to get your rights back. And I’ll tell you what. You won’t get back. The trauma that was just inflicted on your life and on your family. Again, full due process abuse. Abuse by the system that’s dedicated to oppression of our Second Amendment rights. These are just some of the target rich environment that exists in the Democratic People’s Republic of New Jersey. So, I am looking forward to seeing this section finally standing up for the truest of all civil rights, and that is our Second Amendment right to keep and bear arms. It’s about time. And thank you to President Trump for seeing this happen.
Evan Nappen 16:20
Hey, on a good news front, I want to mention about Howell, New Jersey. And this is from an article from our good friend, John Petrolino at Bearing Arms. “Howell, New Jersey, Marks the 12th Town to Rebate Carry Permit Fees”. (https://bearingarms.com/john-petrolino/2025/11/26/howell-new-jersey-marks-12th- town-to-rebate-carry-permit-fees-n1230736) That’s right. This is a movement through New Jersey in
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which individual towns that respect the Second Amendment are passing through their municipalities, the rebate of the $100 of the $150 that would normally go to the town on a carry permit application to be rebated back to the applicant. These towns deserve a lot of credit, and this movement is great. Congratulations and a shout out to Howell for taking care of its applicants by not having them pay exorbitant fees to exercise their right to carry. To protect themselves and not be victims, but rather defenders of themselves and their loved ones. That is great news, and it is exciting to see the effort in response to the Carry Killer bill, in which these municipalities are able to at least make a statement regarding the fees. That’s really great stuff.
Teddy Nappen 17:51
Hey, do you know what would be really funny? Could you imagine if that was with the court? Where, if you were charged, if you were dealing with some of the, you know, crazy, draconian gun laws, and one of the courts that was very pro-gun wanted to refund the money, or, like, cover your attorney’s fees. That would be hilarious.
Evan Nappen 18:10
Hey, that’s something that they should put in, too. If you’re wrongfully denied any gun license, you should be able to get attorneys fees paid by the Government. Absolutely. Of course, they don’t have that here, but in other states, they do have it. For example, in New Hampshire, they have it, but not New Jersey. They need to put some teeth into the licensing, especially when we have these arbitrary and outrageous denials that require a legal fight.
Evan Nappen 18:41
Hey, let me tell you about our good friends at WeShoot. WeShoot has some really cool stuff this week. One of their guns that they have, that they are offering is the Marlin 1895 SBL gun chambered in .45- 70.It’s got that big loop, the modern optics rail, and that unmistakable cowboy meets modern look. Teddy, do you know what movie that Marlin guide gun was used in, right? I bet you know that.
Teddy Nappen 19:14 Jurassic World.
Evan Nappen 19:16
Jurassic World, that’s right, and who was the actor that was there on that trike, riding with that Marlin, the perfect gun for dinosaurs?
Teddy Nappen 19:24 Chris Pratt.
Evan Nappen 19:24
Oh, yeah. You are so good at movies. I love that Teddy and yeah. So, if you want a dinosaur killer, if you’re looking to be ready in case they end up cloning with DNA, there’s no gun better, really, than the Marlin, at least for handiness. I mean, maybe a .50 BMG that you can’t possess in New Jersey might be better, but they’re a bit unwieldy, you know. But the Marlin, the Marlin, is a great gun. And Teddy, you and I both know that, because that’s our bear hunting gun. We’ve both taken bear bears very
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effectively with our Marlin guide guns. This happens to be a stainless version with a big loop, but I can even go further and advocate that the Marlin 1895 guide gun saved my ass when I was charged by a bear in Canada. That almost got me. So, it’s the old sometimes you eat the bear and sometimes the bear eats you. Well, luckily, it was me eating the bear that day, and I can thank my Marlin 1895 for that successful resolution of that conflict. Let me tell you. I love the Marlins, and that gun is my favorite, that guide gun. And WeShoot’s got them. So, check it out.
Evan Nappen 20:40
Also, they have the Glock 19 V Series, the new Glock V. It’s a clean, upgraded take on the legendary Glock 19 platform with enhanced slide cuts. It’s optics ready and super trusted. Of course, it has a 15 plus one capacity, but they only have the 10 round mag in New Jersey, because New Jersey does not believe that your life is worth five extra rounds. Your life’s only worth 10 at best in New Jersey. So, it’s limited, but the Glock V Series 19 is there at WeShoot. And then let me also point out something else about WeShoot that you may find interesting. And that is the WeShoot girls, and they’re featuring Sarah Sablom. She’s back, and she’s showing her country side. And it is very nice to see the beautiful firearms and the WeShoot girls. They have such wonderful photography, and I would highly recommend checking out the WeShoot’s website at weshootusa.com. Members will also receive their pew pew weekly, pew pew, which has all kinds of updates and great things going on at WeShoot. WeShoot is a place where Ted and I both shoot and where we get our training. It’s a fantastic range, and you will love it. Great pro shop, great folks. We love WeShoot, and so will you.
Evan Nappen 22:16
Let me also mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are the umbrella organization of gun clubs. They’re the number one gun rights defender in New Jersey, and they’re litigating as we speak in federal court. We’re seeing more and more results, and it’s getting more and more exciting every day. As we get closer and closer to more Supreme Court decisions and more cases going up the chain to reach the Supreme Court, we are winning step by step, bit by bit. We lost our rights incrementally, and we are gaining them back incrementally. And the Association is at the forefront, helping to achieve that. By being a member, you’ll get their newsletter and their updates. You’ll be provided with a method to have your voice heard to our legislators. As we have these huge fights with draconian, horrible Second Amendment oppression bills coming our way, we’ve got to stand strong and stand united. And the Association of New Jersey Rifle & Pistol Clubs is a way for you to do that. Go to anjrpc.org and join today. ANJRPC.org.
Evan Nappen 23:34
And I would be remiss if I did not mention my book, New Jersey Gun Law, the Bible of New Jersey gun law. It is the book used by everybody, and it is the only book that explains the insanity that is New Jersey gun law. And I do it by Question and Answer on 120 topics, over 500 pages. This will help you not become a GOFU. This will help you stay legal. This will help you to not be victimized by New Jersey and the Second Amendment oppressionists that run this state’s gun rights into a position of danger, and this will help you to avoid that danger if you want to get your copy. It makes a great gift for the holidays, too, folks. Hint, hint. Go to EvanNappen.com, EvanNappen.com, and order your copy today. And when you do, scan the QR code on the front and join my private subscriber base. You be able to access immediately all the updates so the book stays current. It’s going to remain staying current. You
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can get the chapter updates that are already there, including the 2025 Comprehensive Update. And you will be seeing new updates as the laws change and the case law changes. And you’ll be able to grab that great chapter on “sensitive places” so you know where you can and can’t carry. Teddy, what do you have for us this week?
Teddy Nappen 25:10
Well, as you know, Press Checks are always free. And you know, the holidays are coming up, but you want to always keep on a little purview to see what our, I just call them what they are. Our enemies. Our gun rights suppressors. And it turns out the dollar store Every Town known as Giffords decided to put out a new message, yeah. This comes from Bearing Arms, our buddies at Bearing Arms News. Cam Edwards.
Evan Nappen 25:42 Ah, a great site.
Teddy Nappen 25:43
There’s a whole article about it, where this is their push against, the war on national reciprocity. (https://giffords.org/analysis/the-gun-lobby-wants-to-pass-a-national-concealed-carry-mandate-its-a- really-bad-idea/) You can really tell the Dems are nervous about national reciprocity. They’re losing
Evan Nappen 25:56 Well, it’s a game changer.
Teddy Nappen 25:58
Yeah. They are so terrified of it passing that they’ve decided to declare a full on assault and attack national reciprocity and their whole article. This is where, this is the, this is the caption that is on their site when they’re blasting it.
Evan Nappen 26:14 Oh, I can’t wait.
Teddy Nappen 26:15
Congress passes national conceal carry mandate. Anyone you see, could have a gun on them.
Evan Nappen 26:24
Oh, my God, anyone could have a gun?
Teddy Nappen 26:27 Anyone.
Evan Nappen 26:27
Wait, anyone could have a gun? Wait. Well, luckily, that’s not happening now.
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Teddy Nappen 26:33 I know, right?
Evan Nappen 26:34 I know. I know.
Teddy Nappen 26:35
The police would be powerless to protect you.
Evan Nappen 26:38
Oh, powerless, absolutely powerless. I thought that’s what the Left wants, though. Isn’t that the whole defund the police thing was to make them powerless? Are you thinking.
Evan Nappen 26:48
They would support it if it was, but of course, it’s not true. So.
Teddy Nappen 26:48 Correct.
Teddy Nappen 26:52
Well, sorry. That requires standing on your grounds and principles, but they, you know.
Evan Nappen 26:57 Right. Exactly.
Teddy Nappen 26:58
Their house of cards a hypocrisy, but.
Evan Nappen 27:00 Exactly.
Teddy Nappen 27:01
Oh, I love this. Leaders must stand up for public safety to put a stop to the gun lobby’s dangerous agenda.
Evan Nappen 27:12
Public safety is being armed. That’s the true public safety. Being disarmed is when there’s public danger. The public is in danger from the predators out there, if you cannot defend yourself. That’s real public safety, when you can defend yourself.
Teddy Nappen 27:31
It’s just utter disgusting what they try to argue. And if you go to the article by this moron, Chris Harris. Republicans are trying to pass one of the most dangerous bills through Congress this country has seen in decades. Really, really. There’s nothing at all that’s been passed in the U.S.
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Evan Nappen 27:54
Well, what’s so dangerous about it. What’s so dangerous about it is, once we have that, then carry is going to become so much better for everybody, and it will help kill the Second Amendment oppression that is out there. Because once everyone is free throughout the states to carry, as long as they’re legal to do so in their home state, we will see not only a tremendous drop in crime, but we will see an even more commitment, if you will, more of an individual having a stake, having skin in the game, for wanting to protect Second Amendment rights. Because at that point, we’ll be able to defend ourselves anywhere in the U.S. And that is what the Second Amendment was meant to do. It’s what it was meant to do. So, they are scared of it, because they know that they will be destroyed by it and that their hypocrisy will be demonstrated. Because, you know, they’re claiming BITS, right? Blood In The Streets. It’s always a BITS. And, of course, it doesn’t happen. Just the opposite happens, right?
Teddy Nappen 29:19
If you look through the article, it is just littered with all the legal myths that they try to push out. Like, usually when you want to carry a concealed gun in public, you have to follow the rules in your state that outline who is allowed to do so. Oh, you have to follow the law if you’re carrying. Almost like if the bill did pass, you’d still have to follow the laws of the state.
Evan Nappen 29:43
Right. That doesn’t change. That doesn’t change. The only thing is, what happens is New Jersey, who refuses to recognize any other state’s license. I guess because New Jersey’s carry license is so great that no other state could even compare to the greatness of New Jersey’s carry license that they do not honor any other state. And what happens is law-abiding citizens who think, hey, you honor my driver’s license. Why would you not honor my gun license? I mean, I didn’t get fingerprinted and background checked to get a driver’s license, but you honor that. Yet here we are where we don’t have that. We have a patchwork quilt of recognition through America. And that is not what was meant under the Second Amendment, and what it does is turn law-abiding citizens into criminals. It puts us in more danger by not being able to defend ourselves.
Evan Nappen 30:52
National reciprocity would be, if you asked me, what is the number one thing? If I could just get one federal law, and that’s all I was able to get, if you could get one federal law passed, what would it be? It would be national reciprocity, and that’s why they’re that scared of it. Because it is and will be the biggest, greatest game changer, and will save so many lives and make it so that their evil plans to oppress the Second Amendment will be knocked back as severely as could ever have occurred in the history of the United States. So, that’s where we are at.
Teddy Nappen 31:41
It goes back to, it goes back to Jeff Cooper’s quote, the criminal must fear the victim. He does not fear the judge. He does not fear the execution. He doesn’t fear the trial. He doesn’t fear the jail. He must fear the victim. That is how you drive down crime.
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Evan Nappen 31:59 Right!
Teddy Nappen 32:00
Why you think, yeah, one of the, during the whole Crime Wave, what was the most popular movies? Dirty Harry and Death Wish. That is what people want — to fight back.
Evan Nappen 32:10
And what’s really funny is the very first thing you said. People would be able to carry, and you wouldn’t know. That itself, right there is a public safety feature. Because if it’s known now that we have national reciprocity and even more people can be carrying, then the criminal doesn’t know who is carrying and who is not carrying. And that itself becomes a deterrent. So that even those who don’t choose to carry will gain the safety because of those that do so. It has the effect of protecting both those who carry guns and those who do not.
Evan Nappen 32:58
And Teddy, let me tell you about this week’s GOFU, which is really important. This is the Gun Owner Fuck Up. This is where we have real cases of real people who make mistakes, and it costs some big time. And this is where you get to learn it for free. And right now, in the middle of the travel season with the holidays, I’ve got to emphasize, folks. When you travel, especially going on airplanes, make sure you have no guns, no ammo, nothing that you’re not aware of. And if you are going to travel with firearms and ammo, that you do it correctly as the law allows. We get cases, and I get them frequently, where people forget that they have their gun, either on their person or don’t even know they have it in their bag. They get stopped at the airport. They get arrested, thrown in the Gulag, charged with draconian New Jersey offenses. It happens a lot. Please make sure pat yourself down before you go through any metal detector. Pat yourself down twice. Make sure you didn’t forget your pocket knife. Make sure you don’t have anything on you.
Evan Nappen 34:20
And when you travel, make sure in your bags, your carry on and your checked in, all your bags, go through them, and empty the pockets. Empty the bags out. Start from an empty bag that you’ve shaken and be sure you’ve checked every pocket. And then pack for your trip. Because this is where we see actual cases happening all the time, of people missing things. Listen, folks, if you leave one bullet by accident in a bag that you use as a range bag, and now you’re taking it through the airport as a checked bag, Boom! You’re going to have your trip ruined. You’re going to have your life ruined because you didn’t do what I’m saying here. I have case after case of that very thing.
Evan Nappen 35:09
So, please be careful in the travel season. Make sure that you know exactly what’s in your bags. And if you’re going to transport firearms, ammunition, knives, anything, make sure you do it correctly. By putting it in your checked baggage, by declaring it, by make sure it’s in a hard case that’s locked with TSA locks. We’ve reviewed this multiple times. Check with the airline that you’re flying on as to what their requirements are. Make sure you declare it, follow the rules and don’t give yourself any surprises that you’ll regret.
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Evan Nappen 35:44
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 2 35:56
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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Downloadable PDF TranscriptGun Lawyer S3 E266_Transcript
About The HostEvan Nappen, Esq.
Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.
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By Evan Nappen, Esq
Episode 266-NJ Target-rich for DOJ
Also Available OnSearchable Podcast Transcript
Gun Lawyer — Episode 266 Transcript
SUMMARY KEYWORDS
Second Amendment, gun rights, Justice Department, civil rights, New Jersey, institutionalized racism, carry permits, mental health disqualifiers, unlawful possession, extreme risk protection orders, national reciprocity, gun laws, Second Amendment oppression, gun rights office, gun lawyer.
SPEAKERS
Evan Nappen, Teddy Nappen, Speaker 2
Evan Nappen 00:16 I’m Evan Nappen.
Teddy Nappen 00:18 And I’m Teddy Nappen.
Evan Nappen 00:20
And welcome to Gun Lawyer. So, here’s an exciting bit of news, and that is that the, and this is, by the way, from Reuters, the “US Justice Department plans gun rights office within Civil Rights unit”. (https://www.reuters.com/legal/government/us-justice-department-plans-gun-rights-office-within-civil- rights-unit-2025-11-25/) This is a long time in coming, my friends. According to the article, it says the Justice Department plans to expand gun rights protections with a new office in its civil rights division dedicated to enforcing the U.S. constitutional right to bear arms. The office is called the Second Amendment Rights Section, and expects to open on December 4, and it will be dedicated to investigating local laws or policies limiting gun rights. Oh, my God, New Jersey is a target-rich environment. I think this section could dedicate itself full time just to bringing civil rights charges against New Jersey. The article further states here that the section intends to execute the broad policy directions from a February executive order issued by President Trump directing Bondi to comb the entire U.S. government to assess any ongoing infringements of gun rights. So now they’re going to be looking even closer at localities.
Evan Nappen 02:11
Now, apparently, very interestingly, earlier this year, by the way, there was a civil rights investigation launched by the DOJ against the LA Sheriff’s Department who were slow walking approvals for concealed carry permits, and gun rights groups launched a lawsuit over that department’s process fees and wait times. Well, good grief. If you want to see slow walking, just look at New Jersey. Look how long they get to take on issuing licenses for us to exercise our Constitutional rights. Now I’ve just come up with, right away, six key areas I’d love for the civil rights section to look at, and if they are listening, I’d be happy to speak for free, to advise in any capacity along these lines of my knowledge of New
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Jersey gun law and what New Jerseyans have been suffering for years at the hands of the Second Amendment oppressionists.
Evan Nappen 03:32
Let’s take a look at just a short list of maybe a half dozen issues that are out there in New Jersey that need to be investigated for civil rights violations. Number one, we have documented institutionalized racism. So, this blends the traditional civil rights investigations into racism with the new sections dedication to the Second Amendment. The actual data of the institutionalized racism is out there and provided by none other than the New Jersey Attorney General. In terms of carry licensing, in terms of gun licensing, the denial rate for blacks, utilizing what I call the all inclusive miscellaneous weasel clause, which is officially known as “public health, safety, and welfare”. This is the vague disqualifier found under our gun licensing law under N.J.S. 2C:58-3c., which is the standard applied to every gun license in New Jersey, whether it’s a Firearms ID Card, Pistol Purchase Permit or Permit to Carry a Handgun. And what is discovered here is that blacks are denied more than two and a half times to whites under that provision, folks.
Evan Nappen 05:17
We’re not even talking any other disqualifiers where there are higher ratios of, you know, per se disqualifiers like felony convictions and all that. We’re not even including that institutionalized racism, which gets even to another level. We’re just talking about abuse of the arbitrary, subjective standard by issuing authorities in New Jersey to have data, demonstrable data, of racism. Here’s something that they can jump on to go after — public health, safety, and welfare. That arbitrary and subjective requirement needs to go. It is the key area of abuse. And yes, it’s applied disproportionately to minorities, but it also is applied arbitrarily to thousands of New Jersey gun owners who wish to lawfully exercise their Second Amendment rights. So, that is an excellent area for this civil rights division to examine.
Evan Nappen 06:36
Additionally, New Jersey has disqualifiers that go beyond and questions that go beyond anything else out there, particularly under federal law. New Jersey asks, have you ever been treated or observed for any physical or mental condition? So, if you’ve just seen a psychiatrist, now that’s questioned on the form. And now you have to pay to hopefully find a doctor who’s not a coward, who’s willing to say, even though they know in their professional opinion, you’re safe for guns, but they have to take on that liability and be willing to say that you are safe for firearms, for you to exercise your Second Amendment rights simply because you were treated or observed for a mental condition. Even further under the Carry Killer bill, not only are involuntary mental health commitments a per se disqualifier, but in New Jersey, voluntary commitments, if you voluntarily went to get some help, you now have to get a mental health expungement of those records.
Evan Nappen 07:55
And folks, that is not an easy thing to do. It costs thousands of dollars and lots of legal time. We have to file a court action to get a mental health expungement, and you need a doctor’s report to accompany that, that you have to pay for to get a mental health expungement. And we’re talking here about a voluntary commitment, no less touching even upon involuntary commitment. This causes enormous
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problems, an enormous expense burden. It’s another outrage. The whole abuse regarding psychological treatment being turned into a disqualifier is another tool of the Second Amendment oppressionists to stop the lawful exercise of Second Amendment rights.
Evan Nappen 08:54
How about examining New Jersey’s absolutely insane, draconian extreme, beyond belief, penalties for
simple charges of unlawful possession. And look, you might say, well, no one should unlawfully possess, and this is the game that they play. But in reality, the exemptions are so narrow that if you’re in any way outside them, you can become a victim of New Jersey gun laws. If you’re charged with unlawful possession of a handgun because you went to your friend’s house with the gun and you didn’t have a carry permit. If you brought it empty, unloaded in the box, just to show them, and your friend even wanted you to bring it over to show it to him. Well, there’s no exemption that allows for that. You get charged with unlawful possession of a handgun. You’re looking at a Second Degree, felony level offense. It carries up to 10 years in State Prison and has a minimum mandatory three and a half years, with no chance of parole, and there is no exception. If you get convicted of unlawful possession of a handgun, the judge’s hands are tied. You get hit with this draconian, extreme, insane penalty regardless of the circumstances surrounding your unlawful possession.
Evan Nappen 10:31
And it doesn’t just end there, because the beginning part is when you’re charged with it. You are thrown in the Gun Owner Gulag. And what is that? That’s where New Jersey got rid of cash bails. You’re going to spend probably a week before we have any chance of even getting you out on a hearing to try to stop your pretrial detention, where as a routine by these Prosecutors Offices, as a policy of the prosecutor’s offices, they routinely seek pretrial detention on any gun charge. To hold you in jail until your trial for a simple mistake, a possessory offense. It is an outrage and an abuse of our right to a reasonable bail as well as our Second Amendment rights, and it is weaponizing the bail system with cashless bails against gun owners. And they want to make that even worse, my friends. Make it even worse by a law that’s already passed half the legislature to make it that any firearm offense has a presumption against release. This means if you’re simply charged with any firearm offense, you will have to stay locked up until your trial or until your matter gets resolved. This needs civil rights action now. How about another one.
Teddy Nappen 12:09 I would add.
Evan Nappen 12:10 Go ahead, Teddy.
Teddy Nappen 12:11
I want them to go after the “Safe Office”, that weaponized political prosecution unit that they have set up to go after gun shops. To basically sue our rights into oblivion, creating the actual gun deserts that they’re trying to create. Just malicious prosecution. And then the back that way.
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Teddy Nappen 12:35
How they’re trying to register gun accessories and parts or gun-related products.
Evan Nappen 12:35 You’re right.
Evan Nappen 12:42
By abusing the consumer protection laws. This agency itself is a civil rights violation of the Second Amendment, and that’s what they’re designed to do. To have a back door, to try to get past PLCAA, Protection of Lawful Commerce in Arms Act, to try to go after the gun dealers. To take full advantage, under the guise of consumer protection, to create requirements and elimination of gun dealers. And you’re absolutely right, Teddy. That’s another area for this civil rights division to seriously look at, bringing an action to try to take that down. I’ll tell you another one. Red Flag in New Jersey. What is the ERPOs. The Extreme Risk Protection Order, which begins as a TERPO, a Temporary Extreme Risk Protection Order. Here’s the starting point for that. There is no due process up front. Zero. Zip. On a TERPO. Whoever makes the claim against you, you never get a say. They go to the court, and they make their claim, whether it’s the police or other parties. You’re not even told about it. They listen to whatever garbage is spewed. Nothing is there to challenge it, and a TERPO Red Flag issues, seizing your guns and taking your gun rights. Only after the damage is done, after your house is raided and searched, after your guns are seized, after your rights are yanked from you with no due process, will you finally get a hearing to actually try to fight to get your rights and your property back. And after that, the damage and the trauma by the Second Amendment oppressionists has already occurred. This is a civil rights violation they need to look into.
Evan Nappen 14:40
And it doesn’t just end with TERPOs. We also have the Duty to Warn in which the abuse is hoisted upon any medical professional, doctors, nurses, even therapists, social workers, etc. They are required to immediately contact the police if you make any statement of harm to yourself or others. And it doesn’t matter whether it’s just a hyperbolic statement. It doesn’t matter that you just happen to tell a nurse that man, I had such a bad day I could kill myself, or that guy got me so mad I could kill him. It’s like making a bomb joke at the airport. Your guns are going to be seized. Your rights are going to be taken with no due process up front. Just like the TERPO. Then you get to fight later to try to get your property back, to get your rights back. And I’ll tell you what. You won’t get back. The trauma that was just inflicted on your life and on your family. Again, full due process abuse. Abuse by the system that’s dedicated to oppression of our Second Amendment rights. These are just some of the target rich environment that exists in the Democratic People’s Republic of New Jersey. So, I am looking forward to seeing this section finally standing up for the truest of all civil rights, and that is our Second Amendment right to keep and bear arms. It’s about time. And thank you to President Trump for seeing this happen.
Evan Nappen 16:20
Hey, on a good news front, I want to mention about Howell, New Jersey. And this is from an article from our good friend, John Petrolino at Bearing Arms. “Howell, New Jersey, Marks the 12th Town to Rebate Carry Permit Fees”. (https://bearingarms.com/john-petrolino/2025/11/26/howell-new-jersey-marks-12th- town-to-rebate-carry-permit-fees-n1230736) That’s right. This is a movement through New Jersey in
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which individual towns that respect the Second Amendment are passing through their municipalities, the rebate of the $100 of the $150 that would normally go to the town on a carry permit application to be rebated back to the applicant. These towns deserve a lot of credit, and this movement is great. Congratulations and a shout out to Howell for taking care of its applicants by not having them pay exorbitant fees to exercise their right to carry. To protect themselves and not be victims, but rather defenders of themselves and their loved ones. That is great news, and it is exciting to see the effort in response to the Carry Killer bill, in which these municipalities are able to at least make a statement regarding the fees. That’s really great stuff.
Teddy Nappen 17:51
Hey, do you know what would be really funny? Could you imagine if that was with the court? Where, if you were charged, if you were dealing with some of the, you know, crazy, draconian gun laws, and one of the courts that was very pro-gun wanted to refund the money, or, like, cover your attorney’s fees. That would be hilarious.
Evan Nappen 18:10
Hey, that’s something that they should put in, too. If you’re wrongfully denied any gun license, you should be able to get attorneys fees paid by the Government. Absolutely. Of course, they don’t have that here, but in other states, they do have it. For example, in New Hampshire, they have it, but not New Jersey. They need to put some teeth into the licensing, especially when we have these arbitrary and outrageous denials that require a legal fight.
Evan Nappen 18:41
Hey, let me tell you about our good friends at WeShoot. WeShoot has some really cool stuff this week. One of their guns that they have, that they are offering is the Marlin 1895 SBL gun chambered in .45- 70.It’s got that big loop, the modern optics rail, and that unmistakable cowboy meets modern look. Teddy, do you know what movie that Marlin guide gun was used in, right? I bet you know that.
Teddy Nappen 19:14 Jurassic World.
Evan Nappen 19:16
Jurassic World, that’s right, and who was the actor that was there on that trike, riding with that Marlin, the perfect gun for dinosaurs?
Teddy Nappen 19:24 Chris Pratt.
Evan Nappen 19:24
Oh, yeah. You are so good at movies. I love that Teddy and yeah. So, if you want a dinosaur killer, if you’re looking to be ready in case they end up cloning with DNA, there’s no gun better, really, than the Marlin, at least for handiness. I mean, maybe a .50 BMG that you can’t possess in New Jersey might be better, but they’re a bit unwieldy, you know. But the Marlin, the Marlin, is a great gun. And Teddy, you and I both know that, because that’s our bear hunting gun. We’ve both taken bear bears very
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effectively with our Marlin guide guns. This happens to be a stainless version with a big loop, but I can even go further and advocate that the Marlin 1895 guide gun saved my ass when I was charged by a bear in Canada. That almost got me. So, it’s the old sometimes you eat the bear and sometimes the bear eats you. Well, luckily, it was me eating the bear that day, and I can thank my Marlin 1895 for that successful resolution of that conflict. Let me tell you. I love the Marlins, and that gun is my favorite, that guide gun. And WeShoot’s got them. So, check it out.
Evan Nappen 20:40
Also, they have the Glock 19 V Series, the new Glock V. It’s a clean, upgraded take on the legendary Glock 19 platform with enhanced slide cuts. It’s optics ready and super trusted. Of course, it has a 15 plus one capacity, but they only have the 10 round mag in New Jersey, because New Jersey does not believe that your life is worth five extra rounds. Your life’s only worth 10 at best in New Jersey. So, it’s limited, but the Glock V Series 19 is there at WeShoot. And then let me also point out something else about WeShoot that you may find interesting. And that is the WeShoot girls, and they’re featuring Sarah Sablom. She’s back, and she’s showing her country side. And it is very nice to see the beautiful firearms and the WeShoot girls. They have such wonderful photography, and I would highly recommend checking out the WeShoot’s website at weshootusa.com. Members will also receive their pew pew weekly, pew pew, which has all kinds of updates and great things going on at WeShoot. WeShoot is a place where Ted and I both shoot and where we get our training. It’s a fantastic range, and you will love it. Great pro shop, great folks. We love WeShoot, and so will you.
Evan Nappen 22:16
Let me also mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are the umbrella organization of gun clubs. They’re the number one gun rights defender in New Jersey, and they’re litigating as we speak in federal court. We’re seeing more and more results, and it’s getting more and more exciting every day. As we get closer and closer to more Supreme Court decisions and more cases going up the chain to reach the Supreme Court, we are winning step by step, bit by bit. We lost our rights incrementally, and we are gaining them back incrementally. And the Association is at the forefront, helping to achieve that. By being a member, you’ll get their newsletter and their updates. You’ll be provided with a method to have your voice heard to our legislators. As we have these huge fights with draconian, horrible Second Amendment oppression bills coming our way, we’ve got to stand strong and stand united. And the Association of New Jersey Rifle & Pistol Clubs is a way for you to do that. Go to anjrpc.org and join today. ANJRPC.org.
Evan Nappen 23:34
And I would be remiss if I did not mention my book, New Jersey Gun Law, the Bible of New Jersey gun law. It is the book used by everybody, and it is the only book that explains the insanity that is New Jersey gun law. And I do it by Question and Answer on 120 topics, over 500 pages. This will help you not become a GOFU. This will help you stay legal. This will help you to not be victimized by New Jersey and the Second Amendment oppressionists that run this state’s gun rights into a position of danger, and this will help you to avoid that danger if you want to get your copy. It makes a great gift for the holidays, too, folks. Hint, hint. Go to EvanNappen.com, EvanNappen.com, and order your copy today. And when you do, scan the QR code on the front and join my private subscriber base. You be able to access immediately all the updates so the book stays current. It’s going to remain staying current. You
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can get the chapter updates that are already there, including the 2025 Comprehensive Update. And you will be seeing new updates as the laws change and the case law changes. And you’ll be able to grab that great chapter on “sensitive places” so you know where you can and can’t carry. Teddy, what do you have for us this week?
Teddy Nappen 25:10
Well, as you know, Press Checks are always free. And you know, the holidays are coming up, but you want to always keep on a little purview to see what our, I just call them what they are. Our enemies. Our gun rights suppressors. And it turns out the dollar store Every Town known as Giffords decided to put out a new message, yeah. This comes from Bearing Arms, our buddies at Bearing Arms News. Cam Edwards.
Evan Nappen 25:42 Ah, a great site.
Teddy Nappen 25:43
There’s a whole article about it, where this is their push against, the war on national reciprocity. (https://giffords.org/analysis/the-gun-lobby-wants-to-pass-a-national-concealed-carry-mandate-its-a- really-bad-idea/) You can really tell the Dems are nervous about national reciprocity. They’re losing
Evan Nappen 25:56 Well, it’s a game changer.
Teddy Nappen 25:58
Yeah. They are so terrified of it passing that they’ve decided to declare a full on assault and attack national reciprocity and their whole article. This is where, this is the, this is the caption that is on their site when they’re blasting it.
Evan Nappen 26:14 Oh, I can’t wait.
Teddy Nappen 26:15
Congress passes national conceal carry mandate. Anyone you see, could have a gun on them.
Evan Nappen 26:24
Oh, my God, anyone could have a gun?
Teddy Nappen 26:27 Anyone.
Evan Nappen 26:27
Wait, anyone could have a gun? Wait. Well, luckily, that’s not happening now.
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Teddy Nappen 26:33 I know, right?
Evan Nappen 26:34 I know. I know.
Teddy Nappen 26:35
The police would be powerless to protect you.
Evan Nappen 26:38
Oh, powerless, absolutely powerless. I thought that’s what the Left wants, though. Isn’t that the whole defund the police thing was to make them powerless? Are you thinking.
Evan Nappen 26:48
They would support it if it was, but of course, it’s not true. So.
Teddy Nappen 26:48 Correct.
Teddy Nappen 26:52
Well, sorry. That requires standing on your grounds and principles, but they, you know.
Evan Nappen 26:57 Right. Exactly.
Teddy Nappen 26:58
Their house of cards a hypocrisy, but.
Evan Nappen 27:00 Exactly.
Teddy Nappen 27:01
Oh, I love this. Leaders must stand up for public safety to put a stop to the gun lobby’s dangerous agenda.
Evan Nappen 27:12
Public safety is being armed. That’s the true public safety. Being disarmed is when there’s public danger. The public is in danger from the predators out there, if you cannot defend yourself. That’s real public safety, when you can defend yourself.
Teddy Nappen 27:31
It’s just utter disgusting what they try to argue. And if you go to the article by this moron, Chris Harris. Republicans are trying to pass one of the most dangerous bills through Congress this country has seen in decades. Really, really. There’s nothing at all that’s been passed in the U.S.
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Evan Nappen 27:54
Well, what’s so dangerous about it. What’s so dangerous about it is, once we have that, then carry is going to become so much better for everybody, and it will help kill the Second Amendment oppression that is out there. Because once everyone is free throughout the states to carry, as long as they’re legal to do so in their home state, we will see not only a tremendous drop in crime, but we will see an even more commitment, if you will, more of an individual having a stake, having skin in the game, for wanting to protect Second Amendment rights. Because at that point, we’ll be able to defend ourselves anywhere in the U.S. And that is what the Second Amendment was meant to do. It’s what it was meant to do. So, they are scared of it, because they know that they will be destroyed by it and that their hypocrisy will be demonstrated. Because, you know, they’re claiming BITS, right? Blood In The Streets. It’s always a BITS. And, of course, it doesn’t happen. Just the opposite happens, right?
Teddy Nappen 29:19
If you look through the article, it is just littered with all the legal myths that they try to push out. Like, usually when you want to carry a concealed gun in public, you have to follow the rules in your state that outline who is allowed to do so. Oh, you have to follow the law if you’re carrying. Almost like if the bill did pass, you’d still have to follow the laws of the state.
Evan Nappen 29:43
Right. That doesn’t change. That doesn’t change. The only thing is, what happens is New Jersey, who refuses to recognize any other state’s license. I guess because New Jersey’s carry license is so great that no other state could even compare to the greatness of New Jersey’s carry license that they do not honor any other state. And what happens is law-abiding citizens who think, hey, you honor my driver’s license. Why would you not honor my gun license? I mean, I didn’t get fingerprinted and background checked to get a driver’s license, but you honor that. Yet here we are where we don’t have that. We have a patchwork quilt of recognition through America. And that is not what was meant under the Second Amendment, and what it does is turn law-abiding citizens into criminals. It puts us in more danger by not being able to defend ourselves.
Evan Nappen 30:52
National reciprocity would be, if you asked me, what is the number one thing? If I could just get one federal law, and that’s all I was able to get, if you could get one federal law passed, what would it be? It would be national reciprocity, and that’s why they’re that scared of it. Because it is and will be the biggest, greatest game changer, and will save so many lives and make it so that their evil plans to oppress the Second Amendment will be knocked back as severely as could ever have occurred in the history of the United States. So, that’s where we are at.
Teddy Nappen 31:41
It goes back to, it goes back to Jeff Cooper’s quote, the criminal must fear the victim. He does not fear the judge. He does not fear the execution. He doesn’t fear the trial. He doesn’t fear the jail. He must fear the victim. That is how you drive down crime.
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Evan Nappen 31:59 Right!
Teddy Nappen 32:00
Why you think, yeah, one of the, during the whole Crime Wave, what was the most popular movies? Dirty Harry and Death Wish. That is what people want — to fight back.
Evan Nappen 32:10
And what’s really funny is the very first thing you said. People would be able to carry, and you wouldn’t know. That itself, right there is a public safety feature. Because if it’s known now that we have national reciprocity and even more people can be carrying, then the criminal doesn’t know who is carrying and who is not carrying. And that itself becomes a deterrent. So that even those who don’t choose to carry will gain the safety because of those that do so. It has the effect of protecting both those who carry guns and those who do not.
Evan Nappen 32:58
And Teddy, let me tell you about this week’s GOFU, which is really important. This is the Gun Owner Fuck Up. This is where we have real cases of real people who make mistakes, and it costs some big time. And this is where you get to learn it for free. And right now, in the middle of the travel season with the holidays, I’ve got to emphasize, folks. When you travel, especially going on airplanes, make sure you have no guns, no ammo, nothing that you’re not aware of. And if you are going to travel with firearms and ammo, that you do it correctly as the law allows. We get cases, and I get them frequently, where people forget that they have their gun, either on their person or don’t even know they have it in their bag. They get stopped at the airport. They get arrested, thrown in the Gulag, charged with draconian New Jersey offenses. It happens a lot. Please make sure pat yourself down before you go through any metal detector. Pat yourself down twice. Make sure you didn’t forget your pocket knife. Make sure you don’t have anything on you.
Evan Nappen 34:20
And when you travel, make sure in your bags, your carry on and your checked in, all your bags, go through them, and empty the pockets. Empty the bags out. Start from an empty bag that you’ve shaken and be sure you’ve checked every pocket. And then pack for your trip. Because this is where we see actual cases happening all the time, of people missing things. Listen, folks, if you leave one bullet by accident in a bag that you use as a range bag, and now you’re taking it through the airport as a checked bag, Boom! You’re going to have your trip ruined. You’re going to have your life ruined because you didn’t do what I’m saying here. I have case after case of that very thing.
Evan Nappen 35:09
So, please be careful in the travel season. Make sure that you know exactly what’s in your bags. And if you’re going to transport firearms, ammunition, knives, anything, make sure you do it correctly. By putting it in your checked baggage, by declaring it, by make sure it’s in a hard case that’s locked with TSA locks. We’ve reviewed this multiple times. Check with the airline that you’re flying on as to what their requirements are. Make sure you declare it, follow the rules and don’t give yourself any surprises that you’ll regret.
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Evan Nappen 35:44
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 2 35:56
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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Downloadable PDF TranscriptGun Lawyer S3 E266_Transcript
About The HostEvan Nappen, Esq.
Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.
Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.
As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.
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