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Gun Lawyer — Episode 281 Transcript

SUMMARY KEYWORDS

New Jersey gun law, accidental discharge, Fifth Amendment rights, criminal charges, licensing revocation, public health safety, misdemeanor offense, felony conviction, reckless conduct, gun safety, legal advice, jury trial, Second Amendment rights, gun ownership, legal protections.

SPEAKERS

Teddy Nappen, Evan Nappen, Speaker 2

Evan Nappen 00:16

I’m Evan Nappen.

Teddy Nappen 00:17

And I’m Teddy Nappen,

Evan Nappen 00:19

And welcome to Gun Lawyer. Say, Teddy, I see you sent me something interesting that you found online.

Teddy Nappen 00:26

Well, I always like to check on the Reddit retards to see what they’re saying.

Evan Nappen 00:32

Oh, my God. And yeah, you did find some stuff that is very much of concern here, because I don’t want to see any of our people have a problem or get into trouble. And it made it clear to me just how important this Accidental Discharge (AD), the Dingus Law, in New Jersey, is. It is having a tremendous effect, and folks have got to know about it. They’ve got to understand that this is genuine.

Teddy Nappen 00:59

And also to be clear, not everyone on Reddit is retarded, but everyone who’s retarded is on Reddit just saying.

Evan Nappen 01:06

Ah, okay. Well, I’m glad to know the rules here. But what I want to do is go through the commentary to a certain degree. It is extremely important that individuals don’t make this mistake, because this change is dramatic to New Jersey’s law. And then it instantly has put forward Fifth Amendment rights that must be utilized by gun owners in New Jersey in order to protect themselves. Because the ramifications here are not just criminal, not just potential exposure to a year and a half in State Prison for a mere accident, but also loss of your Second Amendment rights. And not just loss of your rights from becoming a Page – 2 – of 12

convicted felon. Even if criminal charges are not pursued, you’re still going to face potential licensing revocation, pulling you in under the disqualifier of public health, safety, and welfare, what I call the all-inclusive miscellaneous weasel clause that they will use to further disarm you.

Evan Nappen 02:19

I’ve encountered case after case after case after case of this. I’ve been, you know, practicing New Jersey gun law now for 40 years. I’ve seen what accidental discharges cause to the individual. I’m not making this up. This is real, and it is a real concern. And they’ve just poured gasoline on the fire by passing this new law that essentially criminalizes this to a degree that it has never been criminalized before. So, our rights become even more critical, and I want to make sure that folks understand this law. So, I’m going to review it and talk about some of the misinformation and such that is out there. And how, again, the anti-Second Amendment, the gun rights oppressionists, how they have structured this law to get it through. To make it have a facial appearance, and yet its effect is hidden until it pounds you, the unsuspecting gun owner. I understand how this system works, and I’ve seen what they do. So, they pass these laws, and in effect, they’re sneaky as all hell. This is a sneaky law that is there to disenfranchise gun owners.

Teddy Nappen 03:57

Also the fact that anyone who thinks, oh, this will never happen to me. Oh, I’m a very responsible gun owner. They hate you. That is why they’re laying these traps. And anyone who thinks that this can’t happen to you, tell yourself, oh, I’ve never been in a car accident before. Anyone has ever thought that until it happens.

Evan Nappen 04:19

Man, I cannot tell you how many times in the practice of gun law in New Jersey, I’ve had the client say, man, I never thought I’d be calling you. I’ve heard that uncountable numbers of times. I never thought I’d be calling you. Yet here I am. And, frankly, I want the word out so people understand this, and I’m going to deal more with that very fact and the reality of that in some of the commentary that’s here, because it also deserves to be addressed. I’m going to do that.

Evan Nappen 04:53

So, first, let’s take a look at the law so you can really understand what the traps are. They’re sneaky tricks. How they passed this, and they know what they’re doing. They know what they’re doing. And they fool the public and create the ability here for the oppressionists to go after the unsuspecting folks that are thinking they’re doing the right thing. So, New Jersey, as you may or may not know, has utterly criminalized accidental discharge, and it is now in law, signed by Murphy. (https://pub.njleg.state.nj.us/Bills/2024/A5000/4976_R2.PDF)

Evan Nappen 05:36

The law begins by talking about “recklessly”, and saying, oh yeah, recklessly has the same meaning found in the criminal law. It’s what reckless has always meant, and we will review that in a minute. Then it goes on to define what a structure is. And it says. “‘Structure’ means any building, room, ship, vessel, car, vehicle, or airplane, and also means any place adapted for overnight accommodation of persons or for carrying business therein.” Okay, that’s about as broad as you can get. It’s almost everywhere, Page – 3 – of 12

right? Almost everywhere. So, why is that important? Because it’s that “structure” trick, that “structure” trap, that they weave into the law here. So that if you have an accidental discharge, even though they’re selling this law, look, a person commits a disorderly person’s offense. That’s the New Jersey level of misdemeanor. It’s just a DP. It’s not a felony, just a disorderly person’s offense.

Evan Nappen 06:37

“. . . by recklessly discharging a firearm using live ammunition rounds unlawfully or without a lawful purpose . . .” And there you go. It’s so freaking reasonable. It’s so reasonable. No, it is outrageously unreasonable. And here’s why. Because when you actually are going to face this, here’s what’s going to hit you in the face, folks. Here’s what it’s going to be. Number one, oh yeah, it’s a disorderly person’s offense. So, hey, at least it’s not a felony. I’m not going to become a convicted felon, right? Well, if you go down a little bit in the law, it says. A person who commits a violation of this section shall be charged with a crime of one degree higher than what would ordinarily be charged if the violation occurs within 100 yards of an occupied structure. Wait a minute! That occupied structure was any building, room, ship, vessel, car, airplane, or any other place that’s adopted for overnight accommodation or for carrying on business. Oh, you mean, basically, everywhere!

Evan Nappen 07:46

Oh, so, wait a minute. It’s one degree higher for just about everything. Unless you’re in the middle of the woods and have an AD with the trees, that’s about it, you know. Short of that, you’re just about guaranteed to be within a structure, the way they’ve written, “within 100 yards of a structure”. It’s one degree higher. Well, what’s one degree higher than a disorderly persons offense? Felony level, fourth degree crime. Felony level. A year and a half in State Prison, folks. Okay? What does that mean? It means that is a disqualifier for the entire United States if you become convicted of that AD charge. Even if you don’t get a day in jail, it’s a fourth degree felony. You’re officially a convicted felon and a prohibited person, disenfranchised of your gun rights for the entire United States. So, that’s what an AD now means in New Jersey. Felony conviction. It would be the rarest of exception if it wasn’t charged as at least a fourth degree felony in New Jersey. So get that through your head first, straight away.

Evan Nappen 09:10

Now, what about this reckless, recklessly, reckless. Okay. So, here going into Reddit.com and looking at the discussion and what have you. Okay, that’s all good. One of the folks there said they don’t agree with me, but I’m not a lawyer, and no sense taking a risk. You don’t need to. But then they go and quote, “recklessly” discharge. You can emphasize reckless, and then pull the legal definition of reckless, which is fine. You may recall, we actually even in the show. We discussed it. We reviewed reckless. Let’s take another look so we can fully understand what reckless means in New Jersey and how it interweaves to this new law. So, recklessly, a person, now this is the definition in New Jersey law of just recklessly. A person acts recklessly with respect to a material element of an offense, when he consciously disregards a substantial risk, a substantial and unjustifiable risk, that the material element exists or will result from his conduct. The risk must be of such a nature and degree that considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation. Page – 4 – of 12

Evan Nappen 10:50

Okay. I know that’s confusing or sounds like a lot of legal mumbo jumbo. It’s not, and let me show you where the pressure points come in, where the gotchas are there for New Jersey citizens. In reality, in the reality of the practice of law here, conscious disregard. Again, what? There is a consciously disregard substantial and unjustifiable risk that the material element exists. What’s the material element existing in the AD? That a gun will fire. Okay? Material element. You’re disregarding that a gun will fire. And why would a gun fire? Well, if the actor’s conduct and circumstance is known to him. Do you have a gun in your hand? Is that known to you? Yes, it is. Do you know that guns fire when the trigger is pulled? Yes, you do. Gross deviation from the standard of conduct. Well, everyone knows the basic rules of safety, right? Make sure your gun is unloaded. Make sure your gun is unloaded. Did you just grossly deviate from standard of conduct that a reasonable person would observe? And that’s it. You betcha you did. You bet you that they can.

Evan Nappen 12:11

And I’ll tell you what. You may say, no, no, it was an honest mistake, an accident. I didn’t realize, for whatever reason. A reasonable person. Who is a reasonable person? What is a reasonable person? How is reasonable person determined? And I’ll tell you how it’s determined. By 12 people who aren’t smart enough to avoid jury duty. That’s who’s going to determine your level of reasonableness when handling a gun. That you know goes bang. That you know can discharge, and there happened to somehow, while it was in your control, end up with a round that went bang. Do you want that in front of a jury in New Jersey? Do you think that’s fine? You can just say I didn’t consciously disregard it. Yeah, do you see where we’re going?

Evan Nappen 13:05

And wait. Now it gets worse. Now it gets way worse. It gets way worse because of how they wrote this law itself. Let’s go back to the law itself. It says a person commits a disorderly person’s offense, which we already talked about, is automatically getting upgraded to felony, by recklessly discharging a firearm using live ammunition rounds unlawfully or without lawful purpose. You tell me what accidental discharge has a lawful purpose. Obviously, there’s no lawful purpose because it’s an accidental discharge. So, every accidental discharge becomes one without lawful purpose. And a jury is going to be thinking about this law and saying, well, reckless. He had a gun. It was loaded, and he didn’t have a lawful purpose because it went off without a reason. And boom, there you go. There you go.

Evan Nappen 14:06

You instantly, now, on an accidental discharge, have Fifth Amendment protections, a right against self incrimination, and you need to stand on those rights. If you self-report, if you do that, you are incriminating yourself. You are giving up your Fifth Amendment rights when it comes to an AD. And I say, do not do that. You have a Constitutional right against doing that. If you choose to give up your Fifth Amendment right, what will happen? Your Fourth Amendment rights are going to be brought in because they’re going to want to search and seize, take your guns, and that is routinely what happens. Then you’re going to face the criminal charge, and then you’re going to face the licensing, disenfranchisement of your Second Amendment rights and the forfeiture of your firearms. This is the escalation that I’ve seen occur over and over and over again. And that’s without the enhancement that New Jersey has just dumped on Dingus, okay? Page – 5 – of 12

Teddy Nappen 15:22

It actually reminds me. You know what it reminds me of Dad?

Evan Nappen 15:26

What?

Teddy Nappen 15:26

When you deal with guns, you do so at your peril.

Evan Nappen 15:30

100 percent, Teddy.

Teddy Nappen 15:32

If they’re going to go into that courtroom.

Evan Nappen 15:34

And that is actual case law in New Jersey. When dealing with guns, you do so at your peril. That is New Jersey court case law, folks. Case law, not just a slogan. It’s actually how they look at it. And so here I am. I’m trying to warn folks. To tell folks. It’s my calling in life. This is what I do. It’s what I believe in, from the bottom my heart. Fighting for our Second Amendment rights. Making the education of these traps out there so that you can protect yourself. And then there’s this kind of comment in Reddit that just makes me go, you know what? Unbelievable. Here. Keep in mind that Nappen sells books, event tickets, legal insurance and legal services. The guy has incentives to scream, the sky is falling, and he’s been doing so for decades. Parentheses, he’s more right than wrong, though. Well, thanks for that little he’s more right than wrong.

Evan Nappen 16:39

Let me just tell you something, man. If you think that that’s my objective here, to freaking sell books. The books are a labor of love. I can make more money working at McDonald’s than selling books. And event tickets? Event tickets, are you kidding me? Ten bucks and you get it back when you attend it, if you’re even charged. Legal insurance? It’s not insurance. It’s a member program. I’m the Independent Program Attorney for them. That’s not my program. I’m just an attorney for them, because I want to defend people in that. My incentive to scream to the sky is not that the sky is falling, but that it has fallen. That New Jersey is out to screw gun owners left and right. I deal with it on a daily basis and seeing it. And my mission here is to educate the people I care about, you guys and gals. To be warned, to realize the traps, to realize what it’s like trying to live as a law-abiding gun owner in this God forsaken state that constantly tries to oppress us. That’s what it’s about. That’s what it’s about.

Evan Nappen 17:56

It is kind of annoying to see that kind of a statement made, because a person is clueless, clueless. And even if you think about it, if I was really about that, if I was really about making the money, why would I warn anybody? Hey, the more accidental discharges, the more criminal charges, the more licensing revocations and forfeitures, that means more work for me. Why would I want to tell anyone about it? Page – 6 – of 12

Let’s just let the system keep crunching people, destroying people, and I’ll make even more money, right? But I don’t do that. Do I? No, I try to make it so you don’t have to become a client of Evan Nappen’s. Just the opposite, pal. Just the opposite. So, keep it in mind. I’m here trying to protect people. I’m here trying to educate people. I’m here fighting for our rights, one gun law victim at a time that I would rather never have seen become a victim of New Jersey gun laws.

Teddy Nappen 19:10

What I look at Dad is, remember when Shaneen Allen? When all of that, everything had broken through with that? It was, what was it? 100 pending cases? Of the exact same charge that had to be changed because of the ruling of that case.

Evan Nappen 19:27

By fighting there and changing it, we succeeded, Teddy. Right! Right at that moment even, of saving 100 pending cases. Hey, that would have been a ton more work for me, and I could have made a lot of money. Why would you do that? Why would you educate? Why would you go out there and try to make these changes? Why would you fight for rights? I mean, hell, it’s like saying I’m a cancer doctor and I want more cancer so I can make more money. Really? Seriously? Do you really think that’s what it’s about? Well, it isn’t, folks. Because you don’t dedicate your life to what you believe in for that. You’d know it! Come on. It’s crazy, crazy stuff. I’m here. I want you to protect yourself. Beware of the Dingus law, and I’m happy to say that since we’ve been talking about this, I’ve had less Dingus cases, substantially less. And that’s very interesting. I think the word’s out. I think people are learning this is how you have to be. It’s good. And those that have called and have followed the advice. We’ve been able to save them. We’ve been able to not have them become the supplier of their own rope to hang themselves with. So, this is critical and important.

Teddy Nappen 20:46

It honestly reminds me of you. Do you remember that scene in Better Call Saul? Where it’s Kim? She’s the public defender, and I think she’s representing this guy. He’s about to get like, I think, maybe 10 years in prison, and she negotiates it down all the way to, essentially, like, it was three months community service and probation.

Evan Nappen 21:08

Exactly.

Teddy Nappen 21:09

She negotiates it down. She just turns something that would have been a 10 years jail sentence. He walks out with her, and the first thing out of his words, three months? Could you’ve done better? It’s the level of no appreciation for this shit that has gone down.

Evan Nappen 21:29

Ungrateful clients. Yeah, we’ve, we’ve, heard of those. We’ve heard of such things as ungrateful clients. But the system is unbelievable when it comes to New Jersey’s oppression and the turning into criminals of law-abiding citizens. And if the actual lame stream media ever actually covered it, maybe they would finally quit doing it. But of course, they’re in cahoots with the same powers that be, because they hate Page – 7 – of 12

us just as much. So, this is why we’re here, doing Gun Lawyer, trying to educate. We want you to be protected. It’s the reason for the books to be out there. So that something’s out there explaining it, and you can hopefully protect yourself. It’s why we do it, and that’s really what it is.

Evan Nappen 22:21

Look, folks, if I wanted to make money, I’d go be a personal injury attorney, right? Go do that kind of garbage. It’s not what I believe in. I do this because it’s what I believe in. That’s why we’re here, doing it. If we didn’t believe in it, there are plenty of ways to make a hell of a lot more money than by being a gun lawyer. But that’s not what it’s about. It’s about doing something for a cause, and feeling that your life has meaning because you’re doing that.

Evan Nappen 22:48

And that is also why I want to mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. Because they have a cause, and their cause is fighting for our rights. They are the largest gun rights group in New Jersey. They’re the NRA affiliate. You need to be a member of anjrpc.org. Make sure you join, make sure you get the newsletter, make sure you get the email alerts, and stay in the fight. Be part of the solution. Join anjrpc.org.

Evan Nappen 23:19

And also our really great, great friends at WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. It’s where Teddy and I both shoot. It’s where we get our training. It’s where we got our certifications. They have a great pro shop, great guns. A lot of good toys there. They got a lot of great sales, good stuff going on. They treat their members and the shooters and their customers so well. Just like family. Everybody loves WeShoot. I know you will, too. They’re conveniently located right in Lakewood, close to the Parkway. They are a resource for Central New Jersey. You know, our ranges are critical. It’s important. You need a place to shoot. You need a place to practice. You need a place to gain your skills and keep them sharp. WeShoot is ideal for that. You can go to weshootusa.com and check out their website. Beautiful photography. They have top of the line firearms, and they can get you equipped, set up right. Whether you’re new at this idea of gun ownership or whether you’re just a grizzled old gun owning veteran like myself. And I don’t mean veteran in a military sense. I’m not a military veteran, but I mean a veteran of owning guns for many, many years, many, many, many, many, many, many years. Since I was a kid. And, you know, not everybody has had that experience, but luckily, Teddy, you have. I think you’ve shot a gun since you could shoot a gun. I don’t know. Do you know when? When did I first have you shoot a gun? Do you remember?

Teddy Nappen 24:54

Well, if I remember, I think it was probably eight years old.

Evan Nappen 24:58

Well, that would be an actual firearm.

Teddy Nappen 25:02

When? When you actually let me shoot a gun? Page – 8 – of 12

Evan Nappen 25:07

Yeah, the actual firearm. But prior to that, you had BB guns. Air guns.

Teddy Nappen 25:10

Oh, BB guns. Yeah, oh yeah, from the little cap guns. I remember the little popper cap gun that you could get where it had the it, you know, you would have to reload it with the little red caps and pop it in.

Evan Nappen 25:22

And I taught you basic gun safety, loading things from toys, right?

Teddy Nappen 25:31

That’s how it went. I had my little cowboy, the carol spinner that you got me. That I could actually learn how to spin.

Evan Nappen 25:42

Spinning was fun, huh?

Teddy Nappen 25:43

And the training video you gave me as well from the western.

Evan Nappen 25:46

You got good at it, too, buddy? Yeah, right up there. You could, you could do the Doc Holiday scene? You know, with Ringo doing the gun spinning. Yeah, that’s good.

Teddy Nappen 25:57

Wow. Johnny Ringo, exactly.

Evan Nappen 26:04

Hmm, do I like him? Reminds me of me. Now I know I hate him.

Teddy Nappen 26:09

Well, someone walked across your grave.

Evan Nappen 26:11

Great stuff. Great stuff. Love the movie Tombstone. Okay. And I can’t forget to plug my book. My book that I make so much money selling. New Jersey Gun Law. Make sure you buy lots and lots and lots of copies. Please go to EvanNappen.com and get that book. It may even save your ass, believe it or not. And that’s why I wrote it. It’s 120 topics, all question and answer. It explains this insanity called New Jersey gun law. Get your copy today at EvanNappen.com. Teddy, what do you have for us today in Press Checks?

Teddy Nappen 27:02

Well, as we know, Press Checks are always free. And speaking on standing on one’s rights, which lack thereof in the U.K. You know, I always wonder. At some point, is the U.K. ever just going to hit rock Page – 9 – of 12

bottom? And apparently not. They still keep going lower. As coming here out of, you know, I always enjoy, you know, browsing Breitbart. The British government plans to scrap jury trials. (https://www.breitbart.com/europe/2026/03/11/british-govt-plan-to-scrap-jury-trials-clears-first-hurdle/) It’s like, you know, what? You know, King George was right on a few things. That’s the level of insanity. So it’s right out of the article from Breitbart. The left wing government plans to scrap jury trials by Kurt Zindulka.

Evan Nappen 27:53

Okay, wait a minute. They got rid of the Second Amendment protection. They have no First Amendment protection. Now they’re dumping their right to a grand jury that they don’t have. They never. They don’t have that right. We have that right. You can see how important the Bill of Rights is, and why our Founding Fathers, fighting the British, were so foresighted to get the guarantees of the Bill of Rights. Because look at what the UK does.

Teddy Nappen 28:18

Yeah, and I love the idea of it’s cleared a major hurdle. Ah, yes, that’s how they view rights, a major hurdle. And it can write.

Evan Nappen 28:28

A major hurdle. Worthy oppressors.

Teddy Nappen 28:32

As the deeply controversial measure concocted by a Deputy Prime Minister and Justice Secretary, David Lammy. Oh, a Lammy. A Lemmy or what are they? Sorry, what were the limies? It would upend a millennium, English legal tradition. It’s supposed to reduce the backlog of cases. Ah, that’s the problem. Need to reduce the backlog of cases. You know, those feeble rights. It eliminates juries for any case where a defendant is facing three years or less. Ah, that is where this is the insidious plan comes into play. Because it’s like, wait a second, three years. So, they are claiming, like, go into the records already 80 cases backlogged, upward of 200,000, by 2035. And their quote “to restore a swift and fair justice”, we are pulling every level available . . .

Evan Nappen 29:31

Oh boy. You’ll be tried and hung very quickly.

Teddy Nappen 29:34

You’ll have a fair trial and then be shot.

Evan Nappen 29:40

Right! Round up the usual suspects

Teddy Nappen 29:42

Exactly, exactly. Meanwhile, 3200 lawyers have written a letter calling the government to reverse course, arguing that the central pillar of this legislation that will reduce backlogs lacks actual evidence to actually reduce backlogs. So, the very thing that they are citing. But I love this. And by the way, this Page – 10 – of 12

isn’t a new thing. They’ve been pushing this all the way back in November of 20. I pulled this from The Guardian. The Guardian poll goes like the whole line of why they’re trying to justify it. We have to stop the criminals from gaming the system by choosing a trial by jury, to increase the chances of the proceedings collapse. That is there they’re worried about the criminals, the drug dealers and career criminals laughing at the docs, knowing that cases can take years to come to trial. And we got to do this. Oh, the poor cases of a court cases involving rape take over two years on average. So, it’s all about the rape cases, not the fact that you let mass migration in your country, where it goes from 12,000 rapes a year to 70,000 rapes a year. A mass majority committed by the illegals and immigrants that you have led into your country. But whatever. And that’s the crux of it, because, and that’s the insidious part, all of those cases will get a full trial. So, the immigrants and the illegals get the full trial when it comes to rape, but the hate speech laws, oh, two years just short. So, you get a politically appointed judge who already hates the idea of free speech now is going to crack down on. You know, I’ll give you the few highlights of that. U.K. free speech crackdown has seen 30 people a day arrested for petty offenses of retweets and cartoons that are deemed offensive.

Evan Nappen 31:41

And then the cutoff is up to three years, right? So, you don’t get a jury trial, even though you could face three years in prison. You can be sentenced to three years with no jury trial. It’s outrageous.

Teddy Nappen 31:54

Twelve thousand arrests a year under these hate speech laws.

Evan Nappen 31:57

All right. So, let me tell you about in America and in New Jersey, how our right works and where the cut off is. So, particularly in New Jersey and in the U.S. for that matter, the cut off, my friends, is six months. So, if the penalty you face, if the potential incarceration, incarceration, that you face is six months or less, then you do not have a right to a jury trial. But if you face any penalty that is over six months where you could go to jail for six months and a day, then you have a right to a jury in America. So, this is why it’s structured in this way for New Jersey in the six months. Now, many states will have systems where, even though you have a right at six months, they will still have a misdemeanor lower court. New Hampshire is a good example, where you could face a year as a penalty. However, you can opt for it to be heard, and waive your jury right, in effect, for that max of the year. So, you can, by your own choice, decide to stay what’s called a bench trial.

Evan Nappen 33:31

But essentially, the six month is the cut off. Anytime after that, you can, you have the right to demand the jury trial. That’s just how New Jersey functions. So, every disorderly persons offense in New Jersey is six months or less. Every matter heard in municipal court, in district court, the lower courts, they are six months or less. It’s also why you can be held in contempt, and the punishment is six months or less. You know, the right to that jury trial for contempt, even because the judge has that power up to six months. And by the way, if you were charged with 10 disorderly persons offenses, each carry up to six months in jail. In theory, you could be convicted of all 10 of those offenses and be given the maximum sentence of six months and have them all run consecutively. So, you could be forced to do 60 months Page – 11 – of 12

of jail with no jury trial, which would be the five years, theoretically, without having a right to a jury trial, even in America.

Evan Nappen 34:49

But, of course, realistically, that isn’t what happens. There’s merger of all the different offenses. So, I’ve never heard of that happening. But in theory, in theory, that’s how. It’s a six month cut off on whatever offense it is here. Now the U.K. wants to make it three years. Think about that. You’re giving one judge, one political hack of a judge, imagine the power, to incarcerate for three years. Now, you know, if you face any charge that’s over a year, that’s a felony, and you lose your gun rights. Even in America, if the offense that you are end up found being found guilty of or pleading guilty to is a penalty that exceeds one year, which as federal law defines, believe it or not, as over two years. I know that’s confusing, but that’s the law. And so what happens is the. That’s for federal law purposes, okay? State law in New Jersey, anything that we talk about felony can still be over a year for state law, but talking federal law. But in the U.K. Now, if you look at it, three years is an option to have a bench trial with no right to a jury. That is crazy. That is absolute felony land, with no jury. There’s a reason our Founding Fathers put that in the Constitution, and it’s glaringly obvious why.

Teddy Nappen 36:35

Well, it’s actually pretty funny as well, because I pulled the history of it. And there’s a reason the ropes, the Sixth Amendment and the Seventh Amendment to have the right to a jury, both for criminal and civil. The reason was the British crown, at the time, thanks to the Stamp Act, they were trying colonists through a special Admiralty court, quote, unquote. No jury. A single judge appointed by the Crown to decide cases. So, a foreign judge from across the pond who’s loyal to the King gets to decide the colonists’ fate when it came to that issue. It was a direct assault on fundamental rights, and that was why it was written and list, depriving us many cases of benefit of a trial by jury. That was in the Declaration of Independence.

Evan Nappen 37:26

Well, and this is exactly why we also have the Fourth Amendment right. Because the British would have a general warrant, and they would just search under a “general warrant”. There’s a reason we have the Second Amendment. There’s what did with Gage, General Gage. What was it seizing the colonists’ arms. Okay? The reason for our Bill of Rights, for our rights, is what we experienced from the British, and they’re still at it now.

Teddy Nappen 37:57

What’s funny is, it reminds me of that scene in “Turn”. The very opening scene is the colonists, the Tory there. And guess who comes running out? A British soldier for the whole amendment on storied soldiers right, quartering soldiers like, wow, really.

Evan Nappen 38:20

There we go. Hey, that’s still an amendment that shows our right to privacy in a way, right? It demonstrates even their concerns and what we had to deal with. But hey, Teddy, let me tell you about this week’s GOFU. That’s the Gun Owner Fuck Up. Where you get to learn a valuable lesson that it was quite expensive for someone else to learn. These are all based on real cases. Real cases. This week’s Page – 12 – of 12

GOFU is real simple here, folks. Don’t leave your gun in a car and have somebody else use your car. It ends up being extremely problematic. Because, you know, we often will lock up our gun in a car, which is legal under the Carry Killer Bill. How you’re supposed to secure it. But what happens is, though, if it’s left there, and then somebody takes your car? Like your wife or your kids or someone, and now they’re driving around with a gun that isn’t theirs in the car.

Evan Nappen 39:32

You have to be cognizant of where your gun is. Do not leave it locked in the car. Do not leave it. Because then these folks can inadvertently go to sensitive places. They can have other problems that lead to you having problems. And then you’re lucky if the problem is simply a licensing problem and not a criminal problem, as well. It can even be a criminal problem, arguably, for them, because they’re now, it could be argued, they’re in possession of your gun, and it just escalates. So, the GOFU is this. Know where your gun is. Don’t keep it in the car. Beware. If anyone uses your car, make sure your firearms are with you and not in the car when they take it.

Evan Nappen 40:18

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 40:28

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.

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.

He also provides expert testimony and consultations for defense attorneys across America.

[email protected]

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