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October 20, 2024Episode 208- Everything You Need To Know About Hollow Nose Ammo in NJ
Episode 208-Everything You Need To Know About Hollow Nose Ammo in NJ
Also Available OnPodcast TranscriptGun Lawyer– Episode 208 Transcript
SUMMARY KEYWORDS
hollow nose bullets, New Jersey law, felony offense, possession exemptions, target shooting, hunting,
carry permit, dummy cartridge, false arrest, state police advice, ignorance defense, gun applications,
carry in vehicle, law enforcement guidance, gun rights
SPEAKERS
Evan Nappen, Speaker 3
Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. As you know, or should know, I’m a practicing attorney.
I’ve been at it in New Jersey for over 35 years, focused on gun law, and I see just so many people that
are constantly ignorant of the laws, making mistakes, etc. That’s why you, the listener, are ahead of
them. Because you’re learning and educating yourself, and I’m happy to be the one to help you do that.
Evan Nappen 00:59
One of the topics that comes up a lot, and I just want to deal with it in detail on the show is what is the
story with hollow nose bullets in New Jersey? Let me explain this thoroughly so you can fully
understand what you can and can’t do, and what’s regulated and how it’s regulated. So, you’ll have a
full and complete understanding of New Jersey’s hollow point, hollow nose bullet law. You see in New
Jersey, hollow nose ammunition is prohibited, except for certain exemptions. We’re going to talk about
the exemptions in detail in a moment. The prohibition on hollow nose makes it a felony level offense
with up to 18 months in State Prison for each bullet you have that is prohibited as a hollow nose bullet.
Evan Nappen 02:15
New Jersey has this absurd law. It’s nothing short of absurd because they have determined that they
want to mandate that you have high penetration ammo at all times. I guess they decided to impose the
Geneva Convention or something on New Jersey where you can’t have hollow nose. They want high
penetration ammo so that it goes through your target and hits some innocent bystander, or something
along those lines. I have no idea why. Because the idea with hollow nose ammunition, practically, is
energy transfer. No over penetration or less penetration. More stopping power to stop the threat, which
is the whole purpose of having a firearm to defend yourself.
Evan Nappen 03:14
So, New Jersey prohibits the possession of hollow nose and then creates exceptions to the ban. One of
the key exceptions to the ban is possession in your home. So, you can possess hollow nose
ammunition in your home, and you can possess it pursuant to the exemptions under N.J.S. 2C:39-3f. of
the gun laws. Those exemptions, the activities under those exemptions, include target shooting and
hunting. You can keep this ammo at your dwelling, or your premises or other land owned or possessed
by you. Those are the exemptions. You can buy it at the gun store. You can take it home. You canPage – 2 – of 7
possess it at home. You can take it to the target range. You can take it hunting. But you cannot have
hollow nose ammunition outside of those exempted places. If you do, you’re unlawfully in possession of
the hollow nose bullets.
Evan Nappen 04:32
This gets a lot of people into trouble because they think that they are able to lawfully possess it outside
those exemptions, and you’re not. You cannot even have hollow nose ammunition in your handgun with
a Carry Permit outside those exemptions. So, if you’re in your home with your carry gun, you can have
hollow nose. As soon as you step out of your home, you can’t have hollow nose. You’re unlawfully
possessing the hollow nose because your carry does not convey a privilege to carry hollow nose. So,
don’t get tricked into thinking that you can have hollow nose simply because you have a carry permit.
You cannot. I see that as a GOFU, by the way, at times. So, be careful of that.
Evan Nappen 05:29
Now, the interesting thing about this hollow nose bullet ban is that it is the bullet itself that is banned,
not the cartridge. So, I actually had a case where a guy went through a metal detector with his key ring,
and on his key ring was one of those dummy cartridges that had a hollow nose bullet. It was drilled
through. No powder, no primer, as one of those key rings. They arrested and indicted him for
possession of a hollow nose bullet on a dummy key ring. Insanity. I had another case where a guy was
delivering pizza. He had no guns in the car, nothing. Just delivering pie. He parks, I think, maybe
temporarily in front of a fire hydrant or something. Anyway, they grabbed his car, and they towed it
while he’s making the delivery. They searched his glove box, and at the bottom of his glove box was
one .22 hollow nose that had fallen out of a box of ammo when he had gone to the range. They indicted
him for possession of five cents worth of .22 ammo right there. Yeah, it is nuts on this.
Evan Nappen 06:54
I had another guy flying out to Nebraska. He worked at one of the top sporting goods stores in New
Jersey. He’s going hunting in Nebraska. He had his hunting license already set and had his gun already
out there. He was going to fly out and enjoy a great deer hunt in Nebraska. One of the folks, you know,
a distributor of his product line, whatever, gave him a box of fantastic deer hunting ammo. Just some
box of great stuff. Expensive. He said try this on your hunt, man. It’s the best. You may want to sell it,
you know? He takes the sample box, but it was hollow nose. He goes to what is euphemistically called
Liberty Airport in Newark, what a joke, and proceeds to declare that he’s bringing ammo, which you’re
allowed to do. But when they see that it’s hollow nose ammunition going through the airport, they arrest
him and charge him with unlawful possession of hollow nose. Now the funny thing about that is he was
100% legal, even under New Jersey law. Because why did he have the hollow nose? He was going
hunting pursuant to the activities of 39-6. So, it was an absolutely false arrest. It ruined his trip and cost
him having to go through the entire judicial process for obeying New Jersey law. That’s right. All over
this dumbass hollow nose law that New Jersey has.
Evan Nappen 08:51
Now, if you want to carry ammunition that performs like a hollow point or hollow nose that actually,
arguably, may even perform better in terms of feeding and functioning in your gun, the New Jersey
State Police in their “Frequently Asked Questions”. (https://www.nj.gov/njsp/firearms/firearms-Page – 3 – of 7
faqs.shtml – Number 13) It states that Hornady Critical Defense / Critical Duty, Cor-Bon PowRball /
Glaser Safety Slug and Nosler Inc. Defense Ammunition is not hollow nose ammunition. Because those
cartridges, those bullets themselves in those rounds, have inserts in the noses. Thereby no longer
making them hollow. So, if you want to carry a great round in your carry gun that will not over penetrate
and harm somebody unintended, then carry Hornady Critical Defense / Critical Duty, Cor-Bon PowRball
/ Glaser Safety Slug, etc. Carry the ammunition that the New Jersey State Police specifically say is
okay and not hollow nose.
Evan Nappen 10:22
Let me tell you something else about the State Police saying that. Even if the State Police are wrong in
their interpretation, New Jersey has a defense called “ignorance or mistake of law”. Yeah, you’ve
probably heard your whole life that ignorance of the law is no excuse. However, in New Jersey, it is.
Everything is counterintuitive in this wacko state. The way it works is it’s not just that you didn’t know
the law. It works in a way that if you follow the official statement of the agency empowered to make it,
or the individual empowered to make it, and you follow what that official says, that if it ends up that
official is wrong, you have the defense of ignorance or mistake of law. That can still be a defense for
you to not be convicted. So, we have that in New Jersey. This would be an official statement by the
firearms folks at the State Police, who are in charge of this very thing. So, that’s the ammo to carry if
you need to.
Evan Nappen 11:33
There’s no reason you can’t have that in your home as well. But if you want actual, traditional hollow
nose then you’re going to need to stay within the exemptions. This is extremely important. Don’t go
outside those exemptions. And if you do choose to carry what the State Police recommend, you should
also carry a little slip of paper with their advice, or at least a screenshot of their advice. Because I’ve
had cases where individuals were carrying Hornaday ammo. One of the most famous is Roosevelt
Twyne. They charged him with hollow nose when it wasn’t plainly. It was legal as per the State Police.
And it might prove helpful, if you find yourself in that situation, to show immediately for the officer to
read themselves that your ammo is legal. This is a continuing problem, continuing nuisance of absurdity
and silliness on the part of New Jersey. But look, I don’t want to see any of you become a victim of New
Jersey gun law, and your best defense is having this knowledge and staying within it. And that’s really
why I do this show. It’s the whole reason.
Evan Nappen 13:18
It’s also the reason why the Association of New Jersey Rifle & Pistol Clubs is a sponsor of this show.
They want their members to be safe. It’s our state Association that’s out there, fighting in the courts,
fighting in the legislature. Standing guard for real, with a full-time paid lobbyist, heavy litigation going
on. We just have been having victories with more victories to come as the fight continues to restore our
God-given rights in New Jersey to keep and bear arms. It’s an uphill fight, but we are winning, and the
association is behind that fully. So, make sure you join. Go to anjrpc.org and be part of the solution.
Evan Nappen 14:16
I also have to mention our good friends at WeShoot. WeShoot is the premier target range in Lakewood,
New Jersey. Right there in Central Jersey. Easy to get to from the Parkway. You can take advantage ofPage – 4 – of 7
a first rate facility, a great resource where you can utilize the indoor range facilities. You can get
phenomenal training. Get your certificate to get your New Jersey Permit to Carry or the courses you
need for your New York carry, and others. WeShoot offers them. Plus, you can get great training,
whether you’re a novice or advanced in shooting. A great pro shop. Just great people at WeShoot. Go
there. Take a friend, and just enjoy a day shooting at the range. It’s always one of my favorite times the
shooting at WeShoot, and it’s where I shoot personally. So, check out WeShootusa.com or pay a visit
to WeShoot and mention me. You’ll be glad you did. And watch what happens. They won’t throw you
out, I promise.
Evan Nappen 15:42
Let me also take this opportunity to remind you all to buy my book, that’s right, New Jersey Gun Law,
the Bible of New Jersey gun law. It’s over 500 pages with 120 topics, all in a question and answer
format. It has a chapter on hollow nose ammo right there, if you forget what I said, or need to read it, or
have it handy to show an officer. There it is, ready for you to use, with 120 other topics explaining the
insanity of New Jersey gun laws. It’ll help keep you safe, help keep you out of jail and help keep you
free. When you get the book, scan the QR in the front of it, the QR code, and subscribe to my free
subscriber base. I don’t distribute that list. It stays private, but I let you know if there’s updates, or any
changes in the law. You can get into the archives for free for any updates. So, your book will stay
current. That’s the idea. It’s my labor of love, because I love you all. So, buy my book and show me
how much you love me. Just kidding about that. But go to EvanNappen.com, www.evannappen.com.
That’s where you will find my book, New Jersey Gun Law, the Bible of Jersey gun law.
Evan Nappen 17:17
So, let’s take a look at some great questions that have been sent to me. I always enjoy getting these
questions. This one is from Lawrence, and Lawrence says, Dear Evan. I hope this message finds you
well. I wanted to share a recent experience I had, which I believe could provide useful insight for your
listeners, especially those who legally carry firearms and may find themselves in similar situations.
Recently, I was pulled over by a police officer in Warren, New Jersey, while legally carrying my
handgun. As the officer approached, I kept both hands visibly on the steering wheel. Before he could
ask for my license or registration, I clearly stated, “I am a concealed carry permit holder, and I’m
currently carrying a weapon. It’s on my right hip — a SIG, P365, with one in the chamber.” The officer
calmly acknowledged my statement and asked for my documentation. I handed over my driver’s
license, registration, and concealed carry permit. He seemed completely unfazed by the situation, even
expressing his appreciation for my transparency.
Evan Nappen 18:34
When he needed to return to the vehicle to run my information, the officer asked me to step out of the
car so he could safely remove the weapon. I believed it to be a legal request, and I complied without
hesitation. We were in a parking lot with people around, and the officer did it respectfully and discreetly.
He took the entire holster, leaving the weapon in it, and I once again reminded him that there was a
round chambered. After completing his checks, the officer returned my firearm, still holstered, without
issuing any citation. He even joked about how difficult it must have been to pass qualifications with
such a “whippy little gun”. I’m writing to highlight that while there may be some officers who,
unfortunately, overstep their authority with lawful carriers, this experience reaffirmed my belief thatPage – 5 – of 7
professionalism, transparency and respect go a long way. By clearly stating my intentions and following
the law to inform the officer, the encounter was calm and uneventful. The key takeaway for your
listeners are, 1) remain courteous, 2) communicate openly, and 3) follow both the law and the officer’s
instructions. In my case, doing so led to a safe and respectful outcome. Thank you for taking the time to
read this, and I hope the story can provide some value to those who may find themselves in a similar
situation.
Evan Nappen 19:57
So, what Lawrence said there is a lot of excellent advice. We have a Duty to Disclose, meaning you’re
required to tell the officer on that motor vehicle stop, or if you are detained at any time by an officer, that
you are carrying your concealed loaded firearm. You must produce your carry permit. Failure to
disclose to the officer is a crime of Fourth Degree, a felony level offense, with 18 months in State Prison
for not telling them. Failure to have your permit on you and show them is six months max on the
disorderly person’s offense. So, you need to do by law what Lawrence described that he did. It’s very
good to be respectful and be courteous and communicate openly and put both your hands on the
steering wheel. Remember, they have a tough job, our officers. We don’t want to make it worse. We
don’t want you to get shot because they see a gun, that’s for sure. So, let’s be practical and respectful.
That all makes sense.
Evan Nappen 21:16
Now, of course, you don’t have to give the detail necessarily about what gun you have and that there is
one in the chamber, or anything like that. But, you know, you do what you feel is appropriate. That’s
okay. But you do have to disclose that you are carrying, and you do have to show your permit. Always
be courteous and communicate openly and show respect. It does go a long way. Listen, gun owners
are pro-law enforcement. I’m pro-law enforcement. I don’t want to make their job any harder. All of us
together hate the bad guys. We do. We’re on the same page. So, show them that respect.
Evan Nappen 22:05
The problem in New Jersey is that there’s an agenda, and it’s normally not an agenda of the rank and
file. It’s an agenda from above, from the politics, the folks that are high level, either brass or
Prosecutors Offices, Attorney Generals Offices, which have an anti-gun agenda that they’re forcing
upon officers. Lots of times, there’s also straight-out misinformation taking place. So, as much as I
totally appreciate what Lawrence conveyed about what happened to him in Warren, New Jersey, and
my congratulations, not just to him, but to the officer, knowing the law, following it. This situation was
respectful and perfectly fine for all parties involved. That is not always the case, unfortunately.
Evan Nappen 23:22
Recently, I got a case which occurred in Central Jersey. My client, who is very well trained, knew the
Duty to Disclose law and knew his obligation. He got stopped for a minor, non-moving traffic matter. It
was just an expired registration sticker. He very courteously and respectfully immediately told the officer
under Duty to Disclose that he was carrying his firearm on his person and that he had a carry permit. At
which time, that officer placed him under arrest and proceeded to hold him for approximately half an
hour or more. The officer told him that under New Jersey law, you cannot transport your gun loaded onPage – 6 – of 7
your person, and that his entire department had been briefed about that. Not to allow individuals to
carry in their car. How nice.
Evan Nappen 24:41
One big problem. It’s absolutely not true. They are 100% wrong about the law. As a matter of fact, this
officer even foolishly said it’s the case law. Well, actually, it’s not the case law. The case law says that
the so-called Carjacker Protection bill, that’s what we called it, in the Carry Killer law, that the transport
of a loaded handgun on your person in a vehicle, was enjoined by Judge Renee Marie Bump, and that
injunction still holds, even on the appeal. You absolutely can carry loaded on your person. No problem.
This individual had his firearm taken, and it was unloaded. The officer said, we’re going to be so nice.
We’re just going to give you a warning. Aren’t we good? Great, great. Super. Great of us, huh? We’re
cutting you a break. We’re going to give you only a warning, and you have to lock your gun up in the
car. Do not carry it loaded again in your car. That is absolute garbage. He had no right to
disenfranchise this man of his right to self-defense, and he is completely wrong about the law – 100%.
Evan Nappen 26:18
It went the opposite of Lawrence’s story, and it was not because either Lawrence or this person was
disrespectful or was anything but courteous. No, no. So, what was the difference? What was the
distinction? What was the problem? The problem was ignorance of New Jersey gun law. And whose
fault is that ignorance? I’ll tell you whose fault it is – the Attorney General of New Jersey. Because the
Attorney General has not promulgated guidance to the law enforcement community and all the
departments, making it clear what was decided in the case law and advising officers throughout New
Jersey that carry in a vehicle is lawful now, that carrying on private property open to the public is lawful
now, and a host of other things that got determined in the litigation that causes innocent gun owners to
suffer. They need the guidance. It needs to be put out there. Then the lieutenants won’t advise
erroneously their men and women, and the men and women don’t enforce erroneously on law-abiding
citizens. Taking away their rights, and maybe even worse, and then possibly subjecting themselves to
civil rights actions, no less. So, let’s see the right thing here. Let’s see our great men and women in law
enforcement be given some solid guidance about how to properly handle these situations so that
everybody is safer and better served.
Evan Nappen 28:46
Now what about this week’s GOFU? Well, this week’s GOFU is something I’ve been seeing a lot of
,folks, and this one is really simple. Do not lie on gun applications. I have many cases where individuals
put the wrong answer down when applying for a Carry Permit, a Firearms ID Card, or a Pistol Purchase
Permit. Now, many times it’s not intentional. They didn’t understand the question, or they thought they
were somehow not covered by it. Do not guess. Find out for sure. Because if you fail to properly answer
truthfully any of those questions, not only will you face a denial of the license for falsification, and not
only does that harm your own reputation as painting you as a liar, but you also can face a criminal
charge for lying on the form, which carries up to five years in State Prison. This is, of course, a felony
level offense where you will lose your gun rights forever by that conviction. It’s extremely important that
you are extraordinarily careful when filling out these forms and that you do not lie even inadvertently or
misstate something. The consequences can run the gambit from denial of your ability to get that
particular license to facing Third Degree, felony level criminal charges. So, don’t be that GOFU. If youPage – 7 – of 7
have questions, contact an attorney that knows gun law. Buy my book at EvanNappen.com to help you
understand the questions and the answers that must be truthfully stated.
Evan Nappen 31:09
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They
protect criminals from honest citizens.
Speaker 3 31:18
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.
Downloadable PDF TranscriptGun Lawyer S3 E208_Trascript
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.
He also provides expert testimony and consultations for defense attorneys across America.
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32 min
October 13, 2024Episode 207-Make Money Saving America
Episode 207-Make Money Saving America
Also Available OnPodcast TranscriptGun Lawyer– Episode 207 Transcript
SUMMARY KEYWORDS
President Trump, Electoral College, Elon Musk, America PAC, gun registration, gun confiscation, Second Amendment, gun rights, New Jersey, gun laws, gun safety, valet parking, gun transfer, gun ownership, gun training
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. So, how would you like to make money and save America at the same time? When I talk about saving America, I’m talking about this election, because it is literally going to be the most important election, not only in our lifetime, but probably in a century. I mean, it’s impossible to overstate how critical it is that we succeed. And by we, I mean President Trump gets reelected, because what is on the other side, as we’ve discussed, is absolutely the destruction of America versus making America the greatest country in modern history ever. And right now, we’re sliding down a slide, and without getting into all the other issues, we’re just thinking about our issue, which is, of course, Second Amendment rights.
Evan Nappen 01:25
I want to bring to your attention something that’s really exciting. And I think if you are able to do this, not only can you make a decent amount of money, but you can help to save America. Part of the key to the saving of America is to see the success of President Trump, and that success is very much dependent upon winning in the swing states. As you know, we have the Electoral College, and because of that, it is not the person who gets the most votes in the country, but rather who wins the state by state by state, which empowers various states to have greater and more balanced political power. And so, our electoral college was really quite ingenious by our Founding Fathers, and it’s part of the reason we haven’t completely collapsed.
Evan Nappen 02:27
Because if the majority were to be the folks who select the President, then what it would mean is that the high concentration of urban centers would control America, because that’s where the population is. If you want to see the demise of such states in a microcosm, the states that are the worst have the largest, centered urban populations that sink the state for individual rights, especially gun rights. So, if you want to see the worst states for gun rights that are gun rights’ oppressive states, they have the largest urban populations. You know, look at Illinois, where you have Chicago and New York, New York City. New Jersey, which is part of the megalopolis, incredibly populated in multiple cities, like Jersey City, one of the most populated places on the planet. Look at all the bade states. To California. Look at the urban centers there. They sink the politics.
Page – 1 – of 7
Evan Nappen 03:41
So, just imagine that on a scale of the United States in general, and you can see why that’s not good. Of the key critical swing states, Pennsylvania is absolutely critical, and here’s where the money comes in that you can make. Here’s where we have something very exciting that I want to share with you. Elon Musk is an amazing man. He just is an amazing futurist. He is somebody that, when I hear him speak, he is just a fantastic person to listen to, and a guy that gets you thinking. Elon, as you may know, has come out completely in support of President Trump, and he puts his money where his mouth is. What he has done is create a PAC called the America Pack, www.TheAmericaPAC.org. (https://theamericapac.org/) Elon is now offering to pay $30 per hour, plus bonuses for performance, if you join their team to help in the swing states. Being that so many of my beloved listeners are from New Jersey and the surrounding area, Pennsylvania, that’s where the action is. Look. I know we need to fight in New Jersey, and I get it. But in the national picture, winning Pennsylvania is critical.
Evan Nappen 05:31
And if you can join here, not only can you make $30 an hour plus bonuses for performances but get ready for this. Elon, through TheAmericaPAC, will also pay $47 for each registered voter that you refer who signs a petition pledging support for the First and Second Amendment. That’s right. Elon is stepping up with millions and millions of dollars to help protect not just the First Amendment, and not just to save America, but to protect the Second Amendment as well. And you can become a part of this, a party here to this. I think October 21 is the deadline. So, you’ve got to jump on this now. Go to AmericaPack.org and make money and fight for the Second Amendment. Fight for America and take advantage of what Elon Musk is offering. I think he’s already spent $43 million a month helping Trump. And look, he’s a practical guy. He sees that the key to winning is votes. It’s not just throwing money at it for the sake of throwing money at it or running ads. He’s creating a system here that he’s paying for. To get out the vote and win the day. So, this is very exciting. Make sure if you can take advantage of this opportunity that you do. It’s critical, because we do not want to end up like Sri Lanka. That’s right.
Evan Nappen 07:30
I have an article here from AmmoLand, one of the great gun rights news services that I. I get all of them, my friends, and I look for important articles to share with you. This article is by one of their writers, who I greatly admire, and I love to read his stuff. It’s Dean Weingarten. It says, “Gun Registration in Sri Lanka Equals Gun Confiscation”. (https://www.ammoland.com/2024/10/gun- registration-in-sri-lanka-equals-gun-confiscation/) So, you know, we’ve talked about gun registration, and you know the four words, right? If not, I’ll review them again. It begins with Legislation, which then creates Registration, and that leads to Confiscation, which then leads to Extermination. We’ve seen this pattern all throughout history, preceding every great Holocaust. We don’t want to go down that road at all. And here is Sarah Lanka illustrating for us phase three of the four words, because, according to Dean Weingarten from this great article, he said, “The Sri Lankan government has issued a gun confiscation directive requiring all people with firearms and a permit to possess them for self-defense to turn the firearms, ammunition, and permits they possess to the military authorities. The firearms must be surrendered by November 7, 2024.”
Page – 2 – of 7
Evan Nappen 09:07
Look at that, folks. Registration is leading directly to Confiscation. This is why the Biden-Harris Administration wants to make sure there’s no “ghost guns”. Whoo. You know guns with no serial number. Why? Well, then they’re real hard to confiscate, and you can’t register them with no serial number. That’s really what it’s about. They want to know where the guns are, so they can grab them and take them and disarm us and disenfranchise us from our Second Amendment rights. That’s what gun rights oppressors do, and that’s what we’re dealing with. Don’t fool yourself about a Kommiela who claims to be a gun owner and says she owns a Glock. Well, how nice. Except that she also is on record wanting confiscation of ALL Handguns. I guess that’s the definition of elitist, right there. Your guns get confiscated, but she owns a Glock, supposedly.
Evan Nappen 10:12
Let me say, just because someone’s a gun owner, does not mean they’re not a gun rights oppressor. The worst gun rights oppressors in history, during the existence of firearms, ALL owned firearms. Every tyrant, every dictator, every one of them, every Fascist, owned a gun. And guess what they did? Took away everybody else’s guns. But they were gun owners. Being a gun owner does not mean you’re not a gun rights oppressor. That doesn’t mean a damn thing. What matters is whether you stand with and for and in support of the Second Amendment. As demonstrated by her past history, she plainly does not. She’s called for confiscation of handguns, and she’s called for confiscation of modern sporting rifles. She’s a gun rights oppressor and needs to be stopped. So, Sarah Lanka is yet another example of why we oppose Registration. It leads, for a fact, to gun Confiscation.
Evan Nappen 11:34
And do you know who is helping to fight for us in New Jersey? Well, that is the Association of New Jersey Rifle & Pistol Clubs. They are the premier state gun rights organization. They’re the NRA affiliate. They’re the umbrella organization of gun rights protection, and they have individual members. You can be a member, and you really need to be a member. By being an individual member, you’re sent email alerts as to what’s going on in Trenton. You’re kept advised about the ongoing litigation that has been in federal court. Very successful! Continuing the fight to defeat the Carry Killer bill, the modern sporting rifle ban and the standard capacity magazine ban. Make sure you’re a member of your state Association. You can join the Association at ANJRPC.org. (www.anjrpc.org) That is the website for our great Association. It’s critical, especially these days, that you belong, because the fight is ever requiring our vigilance. By having a great group, we are united. So, go to anjrpc.org and join today.
Evan Nappen 13:14
Speaking of great places to join, we have our good friends at WeShoot. WeShoot is an indoor range in Lakewood, a premier range. It’s the range I shoot at. They offer you all the training and courses you need. You can get your New Jersey CCARE there to get your New Jersey Permit to Carry (PTC). They’re also offering the New York training so you can get your New York carry permit as well. They focus on helping folks to get licensed. If you know nothing about guns, go there and they’ll help you out. You’ll be well on the road to being a competent, responsible gun owner. And if you’re extremely skilled, they’ll be able to help you to practice and get even more training from really experienced people. They also have a great, great pro shop there. They run great events. WeShoot is in Lakewood, right there in
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Central Jersey. Easy to get to, right off the Parkway. Check out WeShoot at weshootusa.com, their website, with beautiful photography. WeShootUSA.com.
Evan Nappen 14:35
Right now, I have to shamelessly promote my book, which is the Bible of New Jersey gun law. It’s entitled, not surprisingly, New Jersey Gun Law. It’s over 500 pages with 120 topics, all in a question and answer format. It is your user guide to staying safe and not being arrested, going to jail and being a GOFU in New Jersey. It’s the book that has saved a lot of gun owners a lot of grief, and I’m proud of it. It’s also a book used by law enforcement throughout New Jersey — State Police Firearms Unit, lawyers, judges. But most importantly, 1000s and 1000s of gun owners throughout New Jersey rely on it. And you can get your copy, too. Go to EvanNappen.com. www.EvanNappen.com. You will see the big orange book. Order it today, and you’ll have it in a matter of days. Factory fresh. Make sure you scan the front cover on that QR and join my subscriber base. It’s private. It’s free. You can access the archives, and you’ll get updates of any changes so that your book will stay current. So, go to EvanNappen.com and get your New Jersey Gun Law book. It will help you to stay free from the matrix of insanity, known as New Jersey gun laws.
Evan Nappen 16:20
I have some great Ask Evans, and I love getting the questions. This one’s from John with a question about the assault weapon ban. Good. I don’t know, maybe good. Currently building an AR-15 and already have a pistol grip, removing the ability to have a folding or telescopic stock. But my question is, if I render the telescopic stock inoperable utilizing something such as a stock Lok? Love the podcast and thank you for educating me and many others.
Evan Nappen 17:04
So, what I believe John is getting at is, how do you have a compliant AR-15 now. Of course, we have that great case that the Association, ANJRPC, helped to win finding that the AR-15 prohibition is unconstitutional, but it’s on appeal. So, don’t go relying on it yet. But we did great, and we’re going to expand it and do even better, I’m sure. For now, you want to remain compliant. So, how do you remain compliant? Well, when it comes to the compliancy, you look to the Attorney General Guidelines, which are in my book, by the way, a complete, actual copy of the guidelines. You can also find them online. The guidelines make it clear as to what the Attorney General views as compliant or non-compliant, so- called assault firearms, what we prefer to call modern sporting rifles.
Evan Nappen 18:08
The compliancy works like this. First of all, if the firearm is a semi-automatic rifle that takes a detachable mag. Okay, a semi-automatic rifle that uses a detachable magazine. Then you have to make sure you do not have more than one of the following offending features. You can have one, but you can’t have two. Two is no good. This is starting to sound like the Monty Python skit on the Holy Hand Grenade, but it’s actually how the Guidelines work. So, what are the offending features? Well, number one, a pistol grip is an offending feature. You can have one. So, you can have a pistol grip, but after that, you can’t have any of the other things. Those include a flash hider, a flash suppressor / flash hider. You cannot have a threaded muzzle, but you can have a muzzle break or a compensator. If you
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have that on there, you cannot have the threading usable. So, you need to pin it or weld it, but do not have a flash suppressor, a flash hider.
Evan Nappen 19:31
You cannot have a grenade launcher. I know a lot of you like to go out grenade launching on the weekends, but do not have that on your gun, because that’s a prohibited offensive feature. A telescoping or folding stock. That’s because, if you can move a stock a couple inches back and forth, you know that it makes it an incredibly deadly firearm whose only purpose is to kill hundreds and hundreds of people. That couple inch movement of the stock is just, you know, intrinsically deadly, right? Of course, I’m being unbelievably sarcastic. The bottom line is, look, it’s an offending feature. You need to make sure that the stock is either completely pinned or welded or glued so that it cannot move. Or simply use a fixed stock, the traditional fixed stock. Then you’re okay.
Evan Nappen 20:35
So, make sure you don’t have that offending feature of a telescoping or folding stock, and if you are pinning it with whatever device that it be sufficient and permanent. Otherwise, you may be looking at three and a half years minimum mandatory, with up to 10 years in State Prison for you daring to possess such a deadly firearm. Also, make sure you don’t have a bayonet mount, because that’s an offending feature. At least that one makes sense, because we’ve got to do something about all those drive by bayonettings, right? Oh, my God. So, beware of the offending features. Make sure your gun is compliant. And John, that is my advice to you. Thanks for the good question.
Evan Nappen 20:35
But if you have a telescoping or folding stock, I once had a case where my guy had his stock pinned, and the prosecutor was prosecuting him for possession of an assault firearm, even though he bought it lawfully from a dealer. The only other offending feature, other than a pistol grip, was a telescoping M4 type stock that had been pinned. But the prosecutor wanted to put my client, with no prior offenses, in State Prison for up to 10 years with the minimum mandatory three and a half years, because she felt it wasn’t sufficiently pinned. That’s right, whether it was or wasn’t sufficiently pinned should make the difference as to whether or not your little stock goes two inches back and forth. As to whether you do three and a half years in State Prison with a minimum mandatory sentence, sounds reasonable, don’t you think? Yeah, right. That’s what we’re dealing with here. That kind of mentality, folks.
Evan Nappen 22:51
Now I have another one from Jim. Okay, we’re doing the J’s today. Jim says, Thank you for your weekly podcast. It’s very informative. Well, thank you, Jim. My question is this. Suppose I’m going to dinner or an event where I must leave my gun in the car, locked, of course, in a locked box or console vault. When I arrive at the event, I see valet parking only. Could this be considered an illegal transfer of my firearm? Anything else I should be aware of? I look forward to your opinion.
Evan Nappen 23:23
Well, it wouldn’t be an unlawful transfer, because you’re not giving them possession of the firearm. As a matter of fact, you’ve secured it and locked it as you properly should have to avoid that very thing. If they’re taking your gun, they’re stealing your gun. You’re only giving them permission to park your car,
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and your firearm is secured in the manner prescribed under the statute, by the way, under the sensitive place exemption. So, as long as it’s locked, and make sure you have a good quality lock box and don’t leave the key on your key ring if it’s a locking one, so they can access it. You know, don’t do a GOFU like that, right? But if it’s inaccessible, you have it cabled to the seat the way they usually do, or have it built in so it can’t just be removed and walked away with and it’s secured in that fashion, then you’re not transferring, Jack, are you? So, that’s okay. But be very aware of otherwise leaving guns in cars. Because if it’s identified as such, then they may bring in law enforcement, and you may have an escalation.
Evan Nappen 24:34
Particularly bad. I’ve had many, many cases out of the casinos in New Jersey with a valet for some reason. I don’t know why. They’re just supposed to park the car. But somehow they ended up going through the glove boxes, the consoles the back of the seat. They’re like searching your car, and they find a gun and they call the police. My question. What were they looking for in the first place? Hmmmmm… Be careful of all your belongings when you valet park at the casinos, because obviously that’s what they’re up to. But if they find a gun, well, I’ve had many of those cases, and I don’t mean the gun in the secured lock box. I’m talking about, unfortunately, people that leave their gun in the car who come from other states, what have you, and they make a GOFU. The valet finds it. So, yeah, valet parking can be troublesome. They can be a big problem. Also, your valuables are subject to theft by them, not even talking about the guns. I hear horror story after horror story. I hate valet parking for that reason. But if you must valet park, make sure your gun is secured. It’s not an illegal transfer. It may lead to other problems, but not an illegal transfer. All right, Jim, thanks for a great question.
Evan Nappen 25:57
Let’s talk about this week’s segment that we all look forward to – the GOFU. That’s the Gun Owner Fuck Up. And why do we talk about GOFUs? And that’s because these are expensive mistakes made by other folks that you get to learn for free. It costs you nothing, so you don’t become the next GOFU. And this GOFU . . . Well, with this GOFU, I’m just going to talk about almost what qualifies as a public figure, the “Rust” armorer. That’s right. Remember Hannah Gutierrez-Reed? The dumb ass that had live ammunition on the movie set of “Rust” whose responsibility was to keep the place safe. She got convicted of the involuntary manslaughter. Even though the anti-gun Alec Baldwin got off based on the prosecutors’ failure to properly secure evidence and do their job, but she didn’t. She was convicted.
Evan Nappen 27:15
Well, guess what? She’s in even more trouble, even more trouble. You can read this article on TAG, The Truth About Guns. It’s by Mark Chesnut and titled “Rust Armorer In More Gun Trouble”. (https://www.thetruthaboutguns.com/rust-armorer-in-more-gun-trouble/) But the reason I’m talking about it is it’s a great GOFU because of the more trouble she’s in. Forget about leaving live ammo where there shouldn’t be. That’s, of course, a GOFU on the part of her professionalism required to be an Armorer. But I’m not even talking about that. Get a load of this new stuff. When the investigator searched her cell phone during the “Rust” investigation, they found a video of her with a handgun in the bathroom of a bar, in the self-filmed video. It was shot a few weeks before the “Rust” movie filming, and she explained how she snuck the prohibited firearm into the establishment.
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Evan Nappen 28:21
So, obviously, in this jurisdiction, as in New Jersey, currently, you can’t have a gun in a liquor establishment, a licensed liquor establishment. Oh my. She pled guilty in exchange for 18 months of probation for this one, because she’s already doing time on the other one. So, what’s the GOFU here, folks? If you’re illegally carrying your gun, don’t film yourself doing it and brag about it. Do I have to say this? Do you need to write that one down? I mean, good grief. Can you believe this knucklehead was an Armorer at all? That she was in charge of gun safety issues at all? I mean, I think the negligence on the part of Baldwin was hiring her. There’s a negligence. It’s unbelievable with this person. Anyway, quit making videos and turning yourself into a GOFU. Believe me, I get cases where that’s the case. A video comes out like this, and I say, what were you thinking? Why was this even on video? Don’t be that guy or gal.
Evan Nappen 29:51
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 30:02
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 E207_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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31 min
October 06, 2024Episode 206-Red Flag Law Victimizes Another NJ Gun Owner
Episode 206-Red Flag Law Victimizes Another
NJ Gun Owner
Also Available OnPodcast TranscriptGun Lawyer– Episode 206 Transcript
SUMMARY KEYWORDS
Red Flag Law, gun owner gulag, anonymous tip, extreme risk protection order, legal firearms, assault firearms, social media posts, gun seizure, due process, constitutional violation, gun confiscation, constitutional carry, crime reduction, non-lethal carry, traffic stops
SPEAKERS
Evan Nappen, Speaker 3
Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. So, there was an article that just came out in northjersey.com, which is part of the USA Today News Network, and I guess it goes out in their print media as well. It’s an article by Lori Comstock, and it is entitled, ‘”Totowa man charged with ‘cache of illegal firearms’ released from jail, but case far from over.” This case, my friends, is a case that I am handling, and this involves. I’ll read you the first line of the article. “A 35-year old Totowa man charged last week with possessing a “cache of illegal firearms” following a tipster’s email to police was released from jail on conditions, but arguments among attorneys regarding the legality of the police search and of the guns has only just begun.”
Evan Nappen 01:28
You better believe it’s only just begun. So, here we have two of the key perils of being a New Jersey gun owner. First, you have the peril of the Red Flag Law, which we’re going to talk about here, and how it got used and abused. The second peril is the Gun Owner Gulag, and how treacherous those waters are, and how you better have an attorney that knows what they’re doing. Or you’re going to be waiting in jail, essentially until your trial. This article makes it clear and identifies Kyle Arena in the article. By the way, he has no prior offenses. He is an automotive welder of 17 or more years. He’s had no problems or interactions with the police. Yet, on September 24, 2024, somebody sent an anonymous email, anonymous, to the Totowa Police. The email included, and this is quote from the article. “The email included social media posts and photos purportedly showing Arena engaging in ‘reckless activity’ and posting about it on social media.”
Evan Nappen 03:07
Now, we were in front of State Superior Court Judge Thomas Rumana. After our arguments in fighting the Gun Owner Gulag where they wanted to hold them, we were able to get Mr. Arena released and that was absolutely the right thing to do. We got him released. He just has the lowest level of conditions in his release. Of course, while this is pending, he is not allowed to possess any weapons, and they’re holding his licenses. The article goes on to say that his licenses, both of which he lawfully possessed, according to his attorney, Evan Nappen, a Monmouth based litigator who specializes in gun law. Well, I don’t “specialize”. I have a focus on gun law. I’ve been working in that area for over 35 years. And as most of you know, I wrote the book New Jersey Gun Law.
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Evan Nappen 04:09
The article goes on to explain here, and it says that the police identified them as “illegal assault firearms”. This is from the article. “. . . while Nappen classified them as ‘modern sporting rifles’.” Which is exactly what they are. Not the pejorative term of “assault firearm”, even though “assault firearm” is actually found in New Jersey law, because when they passed the “assault firearm” law, they gave it that pejorative label. Then the article quotes me as well. “They appear to be assault firearms . . . ” They may. Let me start that again. “They appear to be assault firearms to the uneducated, but they’re not, said Nappen, who authored a 500 page-book on New Jersey’s gun laws. Nappen referenced a New Jersey State Police opinion letter and noted that the guns fall under the “other” category, or otherwise not identified as ‘assault’ weapons, due to their characteristics. ‘Why did he have these guns?’ Nappen asked rhetorically. ‘He’s a competition two-gun and three-gun shooter.” Arena obtained his guns legally from dealers and uses them in competitions.
Evan Nappen 05:41
You see, this is what we’re dealing with. We’re dealing with law-abiding gun owners being turned into criminals in New Jersey. Let’s take a look closely at the abuse of the Red Flag Law. In the article, it says it was a tipster’s email, and there was a claim that he had a “track record of posting illegal content on various Facebook groups.” First of all, “illegal content”? What? What? You know, the First Amendment, first of all. I didn’t know there was illegal content. All right. And the email attached several photos, and believed he was a danger to himself and others. And that, of course, is a load of crap. In one of the photos, there was an allegation that it was pointing it at a car with his hand on the trigger. As I pointed out, and as the article actually mentions, which is credit to them, that it was at best, pointing to a wooded area. It was not pointing at a car. But even with that, the photo itself is questionable as to its authenticity and its fake and/or doctored characteristics. These are all things that and think about this. All the police received was an anonymous tip, and then a look at these photos. These photos are a year to two years old even, and there’s no threats made against any person. No threats made against any group. Nothing. Just pictures of guns and these false allegations.
Evan Nappen 07:38
So, did the police go and speak to Mr. Arena? No, of course not. Did they maybe make an inquiry, ask about or anything, talk to him? Nothing. No, no, no, no. You see, their immediate reaction, simply based on anonymous tip and looking at posts that are years old, was to get an Extreme Risk Protection Order (ERPO), what is known as a Temporary Extreme Risk Protection Order (TERPO). Then it can become a Final Extreme Risk Protection Order. These are called ERPOs, but we commonly call them Red Flags. Under New Jersey’s ERPO Law, ERPOs are the general title given them – Extreme Risk Protection Order. It starts with the TERPO, which is the Temporary Extreme Risk Protection Order, in which there is absolutely no due process upfront. It gets done ex parte. The person has no knowledge that it takes place. In this case, the police didn’t even bother to talk to the person in advance to even try to find out the truth about the matter. Then from that TERPO there will later be a hearing to decide whether it’s going to be a Final or what’s called a FERPO. So, you have an ERPO, and then you have a TERPO. Then it can become a FERPO, and if it’s held in Burlington County or Bergen County, you end up with a BURPO. I’m just kidding about the BURPO. That was a joke.
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Evan Nappen 09:15
So, this is something where it is ripe for abuse. This TERPO then led to a raid and a seizure of his home and his property. Every New Jersey gun owner can be subject to this action with an anonymous tip with BS just sent to the police. Boom. Boom. You are labeled an extreme risk. Your home and privacy are invaded, and your firearms, weapons and ammunition are confiscated with no due process until the day finally comes where you can have the hearing on the TERPO. After all that damage has already been done. We’re going to be challenging, of course, the Fourth Amendment grounds for this search and seizure.
Evan Nappen 10:17
As the article mentioned, I raised the violations of the Second Amendment and referred to the recent federal court’s decision where the ban on AR-15s was found unconstitutional. All the firearms were platformed as AR-15s. In fact, one of the guns specifically was a Troy. It was a Troy. That’s right. The “other” made by Troy. The Troy A4. The one that the State Police specifically address. And it’s those characteristics and that entire opinion that you can find online that explains why they’re not assault firearms. (https://www.dark-storm.com/images/DSI-NJSP-Firearm-Letter.pdf) But it didn’t stop the State and the Totowa Police, and the criminal charges being made.
Evan Nappen 11:13
Remember, folks, possession of an assault firearm is an extremely serious offense. Every gun carries up to 10 years in State Prison with a minimum mandatory of three and a half years. And remember, under the Gulag law, the Gun Owner Gulag law, if you’re charged with possession of an assault firearm, you are required by the State to be given a recommendation of “not to be released”. That’s right. You are put in the same category as those charged with murder and those that are lifers who are looking at three strikes and you’re spending life in prison. You are put in that category over this mere allegation. It doesn’t matter. That’s what they do.
Evan Nappen 12:01
Luckily, I was able to overcome that and was able to get him out. Now we’re going to have the fight, and I’ll be talking about this in much more detail as time goes on. But I had to respond to this article that you can see online, if you wish, or maybe you’ve read it already in hard copy. These are the perils and dangers of being a New Jersey gun owner. You can become a victim of New Jersey gun law with the most minor and anonymous allegations being made. It’s an outrage. It’s a civil rights violation. It is a Constitutional violation on multiple Constitutional fronts. This is something that every one of us needs to be greatly concerned with in the state of New Jersey.
Evan Nappen 13:04
Yet, this is what Kommiela Harris wants to impose on the entire United States, folks. That’s right. She wants to push National Red Flag so that every state abuses every citizen. And I say, look at New Jersey, and the failure of New Jersey. Remember, Kommiela also wants to confiscate guns. She stated it, man. I have an article here from the NRA-ILA. It’s entitled “Canada’s Confiscation Scheme — A Lesson for America.” You can go to nraila.org, and you can see this article. (https://www.nraila.org/articles/20240930/canada-s-confiscation-scheme-a-lesson-for-america) This piece came out September 30, 2024, and it’s very interesting.
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Evan Nappen 13:55
The very first paragraph of this article looking at Canada’s gun confiscation scheme says, “Vice President and Democrat presidential candidate Kamala . . . ” They, of course, call her Kamala. “. . . Harris has, in the past, been forthcoming about her support of gun confiscation and mandatory ‘buybacks.'” They give you the citations right in the article here, and you can see them for yourself. “. . . and there’s little reason to believe that she has changed her values.” The NRA then takes a look at Canada. You can read the whole article. It’s very interesting.
Evan Nappen 14:34
Canadian Prime Minister Justin Trudeau, as the article says, instructed his ministers to examine a “full ban on handguns and assault firearms.” They’re looking to invoke this mandatory ban and mandatory confiscation program in Canada. They’re talking about it in two phases, what’s called the business phase (Phase 1) and the individual phase (Phase 2). They’re looking to start it very shortly now, because it’s been in the works, in the works. They’ve already spent, folks, according to the NRA article, C$67 million on this program. It’s just astounding. And if you think that our lefty neighbors to the north where they’re putting this through, now granted they’re not protected by a Second Amendment in Canada, they could have been if they let us win against them in the revolution. But I digress. Instead, now they’re looking at what Kommiela essentially wants to do in America.
Evan Nappen 16:01
Say, I want to bring to your attention our good friends at WeShoot. WeShoot is a great range in Lakewood, New Jersey. They’re holding a very special sale, and I want to let you know about it. Fifteen percent (15%) off all pre-loved guns. That’s right. Guns that have been pre-owned, and it’s 15% off. I want to make sure you know that WeShoot is now offering New York City carry certifications. So, if you want to get your New York City carry, which also allows you to carry in New York State, you’re going to need to get a New York carry certification, and WeShoot is offering it. So, check out weshootusa.com. If you’ve never shot at WeShoot, well, you owe yourself a favor. You need to go there and check it out. It’s a fantastic range. It’s where I shoot, my brother shoots, my son shoots and where we got our certifications. They have great guns and gear, great training, and just a wonderful range right there in Lakewood, New Jersey, easily accessible right off the Parkway. It’s a great resource for anyone in New Jersey, particularly Central Jersey. Geez, it’s a breeze to get there and have a great time. Make sure you check out weshootusa.com.
Evan Nappen 17:31
Now here’s an interesting little article that I want to make sure you’re all aware of. This is an article that I got from AmmoLand, a great news aggregate site. I love AmmoLand. (https://www.ammoland.com/) I subscribe to dozen different gun rights at aggregate news sites, and AmmoLand is a really good one. This is an article from October 2, 2024, by my friend Dave Workman. It’s a very interesting point that Dave makes here, and I want to bring it to your attention. The title of the article is “FBI Report Shows Dramatic Violent Crime Drop as 29 States Went Permitless.” (https://www.ammoland.com/2024/10/fbi- report-shows-dramatic-violent-crime-drop-as-29-states-went-permitless/)
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Evan Nappen 18:15
That’s right, folks. As 29 states are constitutional carry, there’s been this incredible decrease in crime. Yet, you never see this in the media. They always want to make you think more guns, more crime, but it’s the opposite that is true. Let me read you just the first line or so from the article that Dave wrote. “The FBI’s national crime report for 2023 shows a record-breaking decline in murders during a year when the number of states adopting so-called ‘constitutional carry’ rose to 29, undercutting a popular — and obviously false — claim by the gun prohibition lobby that more guns result in more crime.” He’s absolutely right, and it’s an excellent point that he’s making. If you want to read more in the article, by all means, go to AmmoLand.com and check it out.
Evan Nappen 19:07
Just think. We also not only have 29 states with constitutional carry, which is permitless carry, where you don’t need the permission slip to carry, but all the other states that have “shall issue” permits now, including New Jersey, thanks to St. Thomas of the Supreme Court and the Bruen decision. So, all that is impacting dramatically on crime. As Dave points out, “According to the FBI ‘national violent crime’ . . .” According to their statistics here, listen to this. Murder and non- negligent manslaughter decreased 11.6% in 2023. The estimated number of offenses in the revised rape category saw a 9.4% decrease. Aggravated assaults decreased by 2.8%. And robbery decrease by 0.3% nationally.
Evan Nappen 20:02
So, we’re seeing this great drop in crime, while you see the expansion of our right to carry. Oh, what a shock! It’s not shocking. But, of course, the media doesn’t talk about that, do they? They don’t make it clear that, in fact, the growth of our Second Amendment right to carry and to allow citizens to no longer be victims, but to be defenders, is a fantastic deterrent and causes crime reduction of the most heinous and violent crimes that we face. So, that’s a great point by Dave Workman, and I wanted to make sure that you all were aware of it.
Evan Nappen 20:51
There’s another thing that I saw, and this is from Cam Edwards on bearing arms. (https://bearingarms.com/camedwards/2024/10/04/supreme-court-will-decide-fate-of-mexicos-lawsuit- against-us-gunmakers-n1226460#google_vignette) This article says that the “Supreme Court Will Decide Fate of Mexico’s Lawsuit Against U.S. Gunmakers.” This is a very important case. Because the Supreme Court of the United States, what we commonly call SCOTUS, has granted cert, meaning they will decide the case. Now we will get an opinion from them in what is the case of “Smith & Wesson Brands et al. versus Estados Unidos Mexicanos, in other words, the Mexican Government.
Evan Nappen 21:30
They brought a $10 billion lawsuit against multiple gun owners and gun manufacturers. These manufacturers include Smith & Wesson, Beretta, Century International Arms, Colt Glock and Interstate Arms, and they’re alleging that the companies are aiding and abetting drug cartels in Mexico by manufacturing and selling guns like AR-15s and magazines that can hold more than 10 rounds. This whole case surrounds now concerns the protection of the Lawful Commerce in Arms Act, which is protecting our firearm manufacturing industry from being sued out of existence, which is a ploy by the
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gun rights oppressors. Mexico has jumped into the gun rights oppression in American movement by suing the makers of the guns we know and love. Trying to bankrupt them with this nonsense claim.
Evan Nappen 22:33
Originally the case got dismissed, but then it got reinstated by a gun rights oppressive federal appellate court. Now the U.S. Supreme Court will be examining this issue. And you know, the claim by Mexico essentially boils down to, ready? That aiding and abetting criminal activity must involve something more than just making products generally available while knowing that criminals may misuse them. Yeah, well, they can misuse cars, too. Maybe we should sue over the cars that they import into America that are used by criminals as well in the commission of their crimes. Maybe Mexico owes us billions for cars that they manufacture that get used by criminals. I mean, it’s just as stupid.
Evan Nappen 23:32
So, I am really looking forward to the Supreme Court doing their opinion on this. It will also possibly have some important impact to New Jersey that has its own state law where they’re also trying to bankrupt and go after the gun companies for their lawful manufacturer, trying to work on other loopholes and such that they’re trying to create. New Jersey set up an entire office manned by the Attorney General trying to go after gun companies and such. I think once the Supreme Court speaks to the Lawful Protection of Arms Act Commerce and Arms Act here in this case, we may, in fact, get some other very useful language out of the Supreme Court in combating this tactic used by the gun rights oppressors.
Evan Nappen 24:28
I’ve gotten some great Ask Evan letters, but before I do that, I want to make sure you know to be a member of the Association of New Jersey Rifle & Pistol Clubs. They are the number one gun rights defenders in New Jersey. They’re the NRA affiliate officially, and they have a full time paid lobbyist in Trenton. They are the group that is litigating, as we speak, in the federal courts, challenging New Jersey’s gun rights oppression laws, including the modern sporting rifle ban, the standard capacity magazine ban, and the Carry Killer bill, just to name a few. They have made tremendous progress on these fronts. As the fight continues, you really need to be a member. You should be embarrassed if you’re not a member of your state association. It’s anjrpc.org. The Association of New Jersey Rifle & Pistol Clubs is an umbrella organization of gun clubs, but they have individual members, too. You need to be part of the solution by belonging to the Association. By doing so, you’re going to get their email alerts as to the shenanigans going on down in Trenton and the progress being made in our litigation. It’s really stuff you want to know, and it keeps you on top of things. You end up protecting yourself as well as our rights. So, please make sure you join the Association of New Jersey Rifle & Pistol Clubs. (anjrpc.org)
Evan Nappen 26:02
This is when I shamelessly promote my book New Jersey Gun Law. It is the Bible of New Jersey gun law. It’s over 500 pages, and it explains 120 topics in a question and answer format. It is used by the State Police Firearms Unit, law enforcement agencies, lawyers, judges, and most importantly, 1000s of law-abiding gun owners in New Jersey. Stay on the right side of the law in this treacherous and perilous environment for gun owners called New Jersey. I’ve made it very user friendly. Get your copy by going
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to EvanNappen.com and see the big orange book right there at EvanNappen.com. Click the book, get the book, and you’ll have it in a matter of days. Scan that front cover, that QR code, and subscribe for free to my subscriber base. It’s a private list where you will get updates and be able to access the archives of any updates that I’ve done. This keeps you informed. Make sure you get your 25th Anniversary Edition today.
Evan Nappen 27:09
So, here are some great letters that I want to share with you, from my beloved listeners. This is from Syed, and he says, Regarding Gun storage laws in New Jersey. Hi, Evan. Big fan of the show. I find it really awesome and very educational. Thank you. I have a question regarding gun storage in New Jersey in one’s home. Can a handgun be kept loaded with a full magazine inside a locked safe which no one except me has access to or does it have to be unloaded with ammo kept locked in a separate container? This is for purposes of home defense. I have looked around for answers, but there is conflicting information everywhere. I’ll appreciate if you could help me out.
Evan Nappen 27:48
Okay, I’m happy to. Number one, you absolutely can keep a loaded firearm in your gun safe. What New Jersey law prohibits is allowing a minor to access your loaded firearm. As long as you’re not allowing a minor to access your loaded firearm, you can have your loaded gun in your gun safe. You can have your loaded gun under your pillow. You can have your loaded gun on your person in your home. You can have your loaded gun everywhere and anywhere in your home, as long as you’re not allowing a minor to access the loaded gun. There is no problem with that.
Evan Nappen 28:30
As a matter of fact, in the Heller decision, which challenged Washington, D.C.s requirement that you keep guns unloaded and secured and broken down into pieces and all. That’s unconstitutional to require that, even under the Second Amendment in the landmark, Heller case. So, yes, you may do so but do so responsibly and safely. Do not allow unauthorized parties to access your firearm, and never allow a minor to access your loaded firearms. The key is safety in that regard. But there’s no law otherwise stopping you from having firearms to defend yourself in your home. Thanks for a great question, Syed.
Evan Nappen 29:19
This is from Anthony regarding Non lethal carry. Dear Mr. Nappen. Is anyone working on non-lethal carry in Jersey? I realize that we can get a carry permit, but for some like my wife, who does not want to carry a lethal weapon, but would like to carry, say, a Byrna type defense gun or stun gun or larger mace would be good for her. I know the state is unreasonable, but if you can carry lethal guns, why not non lethal? By the way, your podcasts are great. Thank you, Anthony.
Evan Nappen 29:52
Anthony, thank you, and I appreciate your compliments. Let me just explain. Yes, New Jersey is ridiculous. New Jersey will give you a Permit to Carry a lethal weapon — a handgun loaded concealed on your person with a carry — but there is no such license for carrying less than lethal. The only less
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than lethal device you may carry is three quarters of an ounce of pepper spray, etc. That’s it. That’s the only thing that’s exempted.
Evan Nappen 30:25
If you’re going to carry less than lethal but it is more than three quarters of an ounce of pepper spray, or if you’re going to try to carry a Byrna as we’ve discussed on the show, or carry a stun gun, as we’ve discussed on the show, the problem is the case law in New Jersey does not find and, specifically, at the moment, says that if you go outside your home and you preemptively arm yourself with a weapon, even though it’s for self-defense, it’s not a manifest lawful purpose. You can still be prosecuted for that. As ridiculous as that statement is that self-defense outside your home is not a manifest lawful purpose. That’s the current case law now. Until that case law changes, where we get a court to actually apply the principles of Bruen to say that self-defense outside the home is Constitutionally protected, which it is, then that will invalidate that. Then the less than lethal can be carried. But until then, if you do, you might become the test case on that very issue. I don’t want to tell you to become a test case, but if you do become a test case, give me a call. Maybe we’ll change the law together. But that’s the risk that you take, and I want you to be aware of that.
Evan Nappen 31:42
Now, this letter is from Nicholas. Nicholas says, Regarding 77 years old and have a New Jersey CCW, meaning a PTC. Hello. I’m 77 years old and have a NJ CCW coming up for renewal. Are you aware of any changes in New Jersey law that would prevent me from renewing due to my age? Are there any bills in process that could stop me from renewing? Thank you, Nicholas.
Evan Nappen 32:09
Ah, Nicholas, good question. Here’s where you might be getting some conflicting information. Let me straighten it out. RPO cards, Retired Police Officer cards, in fact, act as what’s regarded as the ability for retired police officers to carry. It is sometimes looked at as being a RPO carry license, but it’s actually a card that creates a special exemption under the statute. But don’t worry about the technical when it comes to issuing of this state RPO card. There is an age limit there for law enforcement, believe it or not, at 75, but there is no age limit on a New Jersey Permit to Carry. They do not engage in age discrimination with the carry permit in New Jersey. So, when you apply for renewal, your age is not a per se disqualifier for getting a permit to carry in New Jersey. Nor should it be, because that is flat out age discrimination.
Evan Nappen 33:15
Now if you have certain problems that might come with age, you know, if you’re like the President, the senile sock puppet, then of course, someone like that shouldn’t have a gun. Obviously, they’re not, you know, they’re not competent to have a gun. But, as long as you’re competent to have a gun, your age is not a factor. You’re fine. There is no per se disqualifier. So, Nicholas, you should not have a problem simply because you are 77 years old, and God bless you. I hope you continue to have a long, long life and carry to protect your life. As a matter of fact, when you think about it, what better use for a carry permit than when you are older and not as readily able to defend yourself. By all means, it’s even more important that you know how to defend yourself, and a firearm can be a great advantage in that.
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Evan Nappen 34:14
Now, I have a letter here from Romero. Romero says, I have a Remington 700 barrel only, with no action, just the barrel. I replaced the barrel with a new one. My question is: how would I dispose of the old barrel? The barrel has no serial number. The serial number is on the action.
Evan Nappen 34:30
Well, Romero, a gun barrel is just a barrel. It’s not a receiver. It’s not a firearm. It’s just a barrel. It’s a tube. There’s nothing in New Jersey law or that federal law that would prevent you from putting the barrel in the trash. It’s that simple. It’s just a barrel. That’s it. Nothing else special. Now, if you feel worried about doing that? Well, you could, you know, cut it into pieces, or cut it in half. You could do that if you wanted to or do something else to it if you felt necessary. You don’t need to. It’s just a barrel. It’s just a tube. It’s not regulated, and it is simply scrap metal. If it’s completely unusable as far as wear on the rifling or whatever reason you replaced it, in that case, toss it. All good. You know, it’s just piece of steel that is no longer useful to you. So, no problem there.
Evan Nappen 35:36
Now we have the moment that you’ve all been waiting for — the GOFU. The GOFU, Gun Owner Fuck Up. We love them! Not that they happen to good people, but because you get to learn an expensive lesson for free. So that you don’t become the next GOFU. Now, this GOFU is based on a letter, and actually the GOFU has not happened yet. So, I really like that. Although it has the full potential to be a GOFU. I’ve seen GOFUs come about from this. So, I’m glad Andrew has written this letter. Andrew says, Regarding Traffic stops. Hey, Evan, I’ve been listening to your podcast for a long time and appreciate the work your firm as well as you do on this podcast. It helps me clear away some of the fog of New Jersey gun laws. Yeah, it’s like the fog of war, isn’t it? The video link I sent is in reference to you always reminding us not to answer police questions without a lawyer. Yeah, that’s always good. It’s from a show called Mr. Inbetween. Okay, I haven’t had a chance to watch that, but that’s cool. My question, though, has to do with traffic stops and the officer asking if I have any weapons in the vehicle. What exactly do they mean by weapons? Technically, anything in my vehicle can be a weapon, no? My hands, my cell phone, possibly a pen or a pencil. I’m no John Wick, but still a writing implement can be used as a weapon. So how do I answer the question about weapons in my possession if I’m pulled over for a traffic violation, if I don’t have a knife or firearm on me? Thanks again.
Evan Nappen 37:09
Okay, Andrew, we need to step back here, man. We have to go to the premise of your question. The question is what do you do if you’re asked about firearms or weapons. The answer is, you don’t answer any questions. You don’t have to answer any questions. You can say, “I don’t answer any questions.” Now the exception here, of course, is this. If you’re carrying a handgun with a carry permit loaded concealed on your person, then you have a Duty to Disclose that. The law requires a permit holder, as we’ve discussed before on the show, to tell the officer and to show your Carry Permit. But short of that, you don’t have to answer any questions. You don’t have to think of every conceivable weapon you might have. No less, tell the officer about it. Just shut up. Don’t answer. Simply say I don’t answer any questions. Or why are you asking me that question? If you want to ask. Why are they asking you that? Why? There’s no reason to be asking that. If the officer wants to do a pat down on you, he’ll do a pat down. You cannot and never should resist.
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Evan Nappen 38:25
This is Evan Nappen reminding you that the gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Evan Nappen 38:25
But they have to have some basis, some reason, something. But just to go on a fishing expedition when you’re pulled over and start asking you all kinds of questions. Do you have any weapons? Do you have any drugs? Do you ever have strange thoughts about women? I mean, what? Where does it end. No. Stop. Produce your driver’s license, registration, and insurance. If you have a Duty to Disclose, produce your Permit to Carry, and that’s it, folks. Nothing else. I know it’s difficult, but you have got to stand on your rights. Because if you start volunteering about all kinds of things that you think are weapons or might be weapons, guess what? Now, you’ve opened the door. Now, it’s going to be an escalation to who knows what, and none of that was necessary. So, don’t be a GOFU. Stand on your rights.
Speaker 3 39:29
Gun Lawyers 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 E206_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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40 min
September 29, 2024Episode 205-Biden Harris Releases Gun Rights Oppression “Progress” Report
Episode 205-Episode 205-Biden Harris Releases Gun Rights Oppression “Progress” Report
Also Available OnPodcast TranscriptGun Lawyer– Episode 205 Transcript
SUMMARY KEYWORDS
gun rights, firearms, gun, oppression, guns, gun violence, folks, bragging, law, oppress, new jersey, dealer, mobilizing, stolen, antimony, report, called, government, harris, executive actions
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. So, the White House, the Biden-Harris Administration, just released their one year progress report that they euphemistically call the “Office of Gun Violence Prevention (OGVP)”. (https://www.ammoland.com/2024/09/white-house-releases-gun-violence- prevention-office-progress-report/) But in reality, it’s the Office of Gun Rights Suppression, because that’s what they do. They work on suppressing and oppressing our gun rights.
Evan Nappen 00:54
So, this Office of gun Rights Oppression has released a report detailing all the wonderful work they’ve done in oppressing our gun rights, and I want to review this report with you. You can access it online. (https://www.whitehouse.gov/wp-content/uploads/2024/09/Year-One-Report-Final.pdf) It comes from the White House. Interestingly, the report throughout it refers to the report as the “Biden-Harris Administration”. So, it’s not President Biden. It’s the Biden-Harris Administration, by the White House’s own words. The key to remember here, folks, as gun owners, is that Vice President Harris was placed in charge of and oversaw the so-called “White House Office of Gun Violence Prevention”, which we’re going to call the “White House Office of Gun Rights Oppression. She’s the Head and Chief Oppressor.
Evan Nappen 02:11
Now, you better realize that this election is just that critical. We have a bona fide gun rights oppressor working toward incredible amounts of gun rights oppression that is proudly putting out a report of gun rights oppression. And you need to know what’s in this that they are bragging about, my friends, bragging about. It’s disgusting. If any of my listeners, I can’t imagine that you actually would fall for the lies from Komeela about her being “a gun owner”. That doesn’t mean anything. Some of the worst persons in history of the world, since there were firearms, were “gun owners”, and they were some of the most deadly of gun rights oppressors. So, being a gun owner doesn’t count for anything. What matters is what you’ve actually done.
Evan Nappen 03:24
Here we have a Biden-Harris administration bragging about gun rights oppression, putting it in their propaganda term of “gun violence prevention”. Of course, it’s gun violence, right? And so, what do they do here? They lay out their accomplishments and their roadmap to destroy our Second Amendment rights. You would think that our leaders, that those that have taken an oath to uphold the Constitution,
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would instead create a White House Office of Gun Rights Protection, expanding and protecting our cherished Constitutional rights. But no, no. This is about oppressing our rights.
Evan Nappen 04:22
Let’s take a look and take a dive into their report, the Biden-Harris record of gun violence prevention. So, that’s what they’re giving a background in. And of course, the translation is the Biden-Harris record of gun rights oppression, and what do they brag about? Well, this Office is dedicated to coordinating across Federal government and partnering with gun violence survivors, law enforcement, state and local officials, and community leaders with the shared goal of reducing gun violence. Or, in the alternative, increasing gun rights oppression.
Evan Nappen 05:06
So, how do they do this? Well, they start off with a big block quote framed in a black frame of Komeela, saying the following, and please don’t be fooled by anything she says to make you think that your gun rights are safe for you to vote for her or any Democrat for that matter. Here’s what she said, “President Biden and I have worked to address the epidemic of gun violence with the urgency it demands by enacting the Bipartisan Safer Communities Act . . .”, which was hardly bipartisan. You got a handful of Republican RINOs (Republican in Name Only) joining in. That’s it. They call it “Bipartisan”. Good grief. ” . . . – the most significant gun safety law . . .”. More of their garbage. It has nothing to do with “safety”. “. . . in nearly 30 years – and launching the first-ever White House Office of Gun” Rights Oppression. “In the year since President Biden asked me to oversee this office, our Administration has improved and expanded background checks, announced the single largest investment in youth mental health in history, and been an unprecedented resource to state, cities and local communities. We have also supported, convened, and worked alongside gun violence survivors, the families of those who have lost loved ones to shootings . . .” Oh, to shootings, not to crime, but just shootings. “. . . and other impacted individuals to tackle the trauma caused by gun violence.” Code speak gun violence. “I am committed to continuing this urgent work to ensure that every person in our nation has the freedom to live safe from gun violence.”
Evan Nappen 07:16
So, let’s take another look at that last line, folks. “I am committed to continuing this urgent work to ensure that every person in our nation has the freedom . . .” Do you believe this? The freedom. Their version of freedom is gun rights oppression. It’s taking away liberty, taking away rights. Only the twisted mind of a Democrat and of these progressive oppressors would twist it to their supporting freedom. What a joke. So, what’s the brags? Oh, here they go. “Expediting the Implementation of the Bipartisan Safer Community Act and Executive Actions to Address Gun Violence.” (BSCA) Oh, do you mean Executive Actions without the backing of the Legislature to oppress gun rights?
Evan Nappen 08:10
Well, what are they bragging about? Number one, “Expanding gun background checks and making clear that the gun show loophole does not exist.” Isn’t that weird wording? Like, that’s just weird. The gun show loophole doesn’t exist. But they’re making clear the gun show loophole doesn’t exist. Well, if the gun show loophole doesn’t exist, which we said it didn’t exist, why are you passing this to shut the gun law loophole? Now don’t expect an explanation. But they’re bragging about finalizing the rule by
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making it clear about the circumstances in which a person is engaging in the business, which is far from making anything clear. That freaking rule, that rule essentially makes it that anybody who sells a gun for profit can be deemed a dealer. Period! Period. They got rid of “for livelihood” in the definition, because those dumbass RINOs went along with it, and they’re using it to claim that anybody who wants to sell a gun for a profit at all. As a matter of fact, you don’t have to sell it for a profit. That’s how broad it is. You can be prosecuted for being an unlicensed dealer. So, this mechanism is in place, folks.
Evan Nappen 09:28
“Enhancing Gun Background Checks for Individuals Under Age 21.” What did they do? They’ve created a waiting period, a delay period. Even though you’re an adult. You can be drafted. They impose the draft. You can die for your country at 18, but you’re going to have to wait even longer and go through an extended background check if you’re under 21. Enforcing gun trafficking straw purchasing laws. As they contrive these offenses all the time against law-abiding citizens, where they create the crime for the person. “Keeping Guns Out of the Hands of Abusive Dating Partners.” So, you always want to see that expansion under that domestic violence federal definition, because that is one of the ways of gun grabbing. They have to find every mechanism to disenfranchise us, and this has been just a beauty for them. So, the more you can expand the ability to seize under a banner of domestic violence. You’ve seen that go nuts in Jersey all the time. I get those cases every week, all the time. It’s a never-ending flow. What you see is an abuse of the system, and I’ve talked about that on the show before.
Evan Nappen 10:57
Oh, and how about this one. “Implementing State Red Flag Laws.” Red flag! Red flag. Take guns without due process. That’s what New Jersey does. Their red flag has no due process until after. Until after your home’s been raided, your guns have been seized and you’ve been declared, under a Temporary Extreme Risk Protection Order (TERPO) to be an extreme risk. Then you finally get your day in court. How nice. This is just an absolutely unbelievable violation of our civil liberties, and they’re looking to enhance it because it’s another way to grab guns. “Establishing the Extreme Risk Protection Order Resource Center.” Keep pushing it. This is their gun grab. It’s great. All it takes is any person to make a claim of any sort, ex parte, meaning without you even knowing. Next thing you know, your Second Amendment rights have been taken, and you’re in jeopardy of losing them forever.
Evan Nappen 12:03
Oh, then they like to brag that in the Bipartisan Safer Community Act, “Identifying Stolen Guns.” The Justice Department has published an interim final rule to implement the provision of the BSCA. I love that it’s BS, because it surely is the “BS”CA. That allows a licensed gun dealer to search the records of stolen firearms in the National Crime Information Center to determine whether a firearm the dealer is acquiring is reported stolen. This change will disincentive individuals from stealing guns and make it more difficult to sell stolen guns to pawn shops. Let me just say, folks, just like a blind squirrel finds a nut, I’m totally in favor of dealers being able to identify whether guns are stolen. Because stolen guns are absolutely something that any law-abiding gun owner would oppose. I don’t want my gun stolen. I’m sure you don’t want your gun stolen. We don’t want to market in stolen guns. So, on its face, this is actually one of the only good things found in that bill. Except, guess what? This was supposed to have been implemented already, and it still is not available to dealers. They’ve allowed this to go on and on. They don’t want this database searchable by dealers. They’re playing it out like it’s great, but they don’t
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want that. For years, they could have done this. They could have made it accessible. No, no. They keep that database there as a trap so that dealers can be charged with unknowingly taking in stolen guns, and individuals can be charged with possessing stolen guns that they didn’t even know were stolen. They don’t want this accessible. They know that this will actually do good and help gun owners, but they don’t want it implemented. I’m still waiting for this database to be available. Haven’t seen it yet. It’d be great. It would actually have impact and make it so that you could tell whether a gun was stolen or not. At least, get an idea if it’s been reported stolen. But nope. They’re bragging about it, but they’re not actually doing it. They don’t actually really want it because it truly is something helpful. God forbid.
Evan Nappen 14:36
Oh, how about this? “Investing in Youth Mental Health.” Do you want to know what that means? Creating mental health disqualifiers as the abusive mental health system takes youths and puts them in mental health facilities on the flimsiest of grounds. So, now you have a mental health commitment that is a disqualifier for guns. It’s treated exactly the same as an adult. If any of you have had a mental health stay as a juvenile because your parents put you in there because you basically weren’t behaving and they didn’t know what to do, you’re now prohibited from guns. You need to get a mental health expungement before you can even possess firearms. That’s right. This is to increase that by who knows how many. To create more disqualified persons. Create gun seizures and create disqualified persons. You see the agenda. It’s called “gun rights oppression”, and they’re damn proud of it.
Evan Nappen 15:37
Then the so-called “Investing in Safer Communities.” That’s to coordinate with communities to increase gun rights oppression. Then they have “Implementing Executive Actions. Promoting Safe Storage of Firearms. That’s right, it’s called lock up your safety. Make sure that your security and protection is not accessible to you when you need it most. Lock them up so you can’t use them. And when they come to seize, they know exactly where they are so they can grab them. Very important. They’re talking about “Publishing Information Regarding Firearms Trafficking.” That’s the propaganda wing of gun rights oppression.
Evan Nappen 16:13
“Stopping the Threat of Undetectable Firearms.” Ooooh, scary ghost guns. Oh, you mean privately manufactured firearms? Something Americans have been doing since before this country was a country. That’s right. What’s the threat of an undetectable firearm? The threat of that undetectable firearm is that the Government doesn’t know about the gun or where it is. Oh, they say, well, you’re going to sneak through a metal detector. No, they can’t. Because the detectors aren’t all about metal, right? They can look and see. So, if you’re actually going through them, metal is almost an irrelevancy in modern technology. No, it’s about more regulation, more oppression and salami tactics across the board of this gun is evil. That gun is bad. This one is intrinsically problematic and selling it to the public. So, they can just take, take, take.
Evan Nappen 17:10
“Preventing Firearms Developed for the Military from Being Sold to the Public.” I’ll read into that, folks. As our gun manufacturers and makers create new and better technology, put a label on it as military, and then not be able to sell it to civilians. So, you can’t get the best optics. You can’t get the most
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accurate guns. Who knows what? Stop that technology. Make sure that only the elitists in our weaponized Government have the firearms. “Funding Community Violence Interventions.” More funding to help their political cronies get money.
Evan Nappen 17:48
They use all this to forward gun rights oppression, and now they have new executive actions that the Biden-Harris Administration has announced during this entire time. This is more gun rights oppression by executive fiat, without any legislation. Just dictatorship-type tactics, fascist-type tactics. Where it’s just declared. Such as “Declaring Gun Violence a Public Health Crisis.” Why is that significant? Well, if you can tie it to public health, then you can tie it to healthcare. Then they can jam it to folks for the price of healthcare. Using healthcare to have people under “Duty to Warn” tied in to get your guns confiscated. And that’s how they do it. That’s what they do in Jersey. We’re going to talk about that as a GOFU at the end of the show.
Evan Nappen 18:56
“Restricting the Export of Firearms Abroad . . . ” Oh, yes. Please hammer our gun makers so they can’t sell their product. “Disrupting Firearms Trafficking Networks.” And what does that mean? It means creating endless bureaucracy to make the sale of firearms more difficult without accomplishing anything in terms of actual prevention of criminal violence. “Supporting State Efforts to Remove Firearms from Domestic Abusers.” Again, confiscate, confiscate, confiscate.
Evan Nappen 19:29
Remember, she’s the Gun Czar, folks. This is her baby here. Are you going to vote for this person who wants to eviscerate your gun rights? Who is proudly putting out a report now about all the steps they’ve taken to attack and oppress us? “Mobilizing AmeriCorps Sites to Help Make Our Communities Safer.” So, there’s more of that cronyism going on there. “Improving Job Opportunities for Communities Impacted by Gun Violence.” Again, more ways of filtering more money that we don’t have to aid these Democrat strongholds. They want to “Partner with city and states. . . ” Partner to do what? To pass more gun rights oppression. They want to help state legislators advance legislation to combat gun violence. Oh, do you mean to increase gun rights oppression? Yes.
Evan Nappen 20:36
What do they say? Here’s what they’re bragging about, folks. They’re taking credit here saying the following. “In June 2024 we welcomed state leaders back to celebrate their progress, . . .” Celebrate their progress in oppression. “. . . and discuss lessons learned for future legislation.” In other words, when the gun rights folks won, how we can beat them. How dare they want their rights. “Since December 2023, at least 31 states have introduced new legislation to address gun violence.” In other words, to oppress gun rights. “At least 17 states have enacted new legislation . . .” Including lock up your safety in California. Gun dealer accountability law in Washington, sue the gun dealers out of existence. A victim’s compensation law in Maryland. A ghost gun ban, privately made firearm ban in Vermont. Vermont. So-called pro Gun Vermont. In New Hampshire, they call Vermont, their upside down neighbors to the left, and with good reason. A background check expansion in Maine, which, by the way, imposed a waiting period in Maine that never existed. They got a waiting period in Maine. A
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right delayed is a right denied. A permit to purchase law in Delaware, and they’re bragging about it. This is the Biden-Harris Administration. Harris. Don’t fall for her lies. This is the real Komeela.
Evan Nappen 22:24
They also talk about “Mobilizing Health Systems and Health Care Providers.” Yeah, that “Duty to Warn.” Sick. Go through the mental, go through the medical, go through the providers of any type of medical. There is no more medical privacy, folks. If you talk, you get your guns taken, and that’s law now in Jersey. So, beware. “Mobilizing Artists and Influencers.” They never miss the propaganda effort of getting these progressive left celebrities to back their play to oppress gun rights. It’s even part of this. “Mobilizing Faith Leaders.” That’s right, faith leaders, so called. Those that want their First Amendment rights to freedom of religion, but don’t want our Second Amendment rights to defend ourselves and our family. “Mobilizing Educators.” Meaning propagandizing through the public schools about how terrible our gun rights are and how to brainwash to continue the oppression.
Evan Nappen 23:36
So, if you want to see this report, you can go online. (https://www.whitehouse.gov/wp- content/uploads/2024/09/Year-One-Report-Final.pdf) The link will be on the website for Gun Lawyer. You, too, can see this report if you had any question whatsoever about what we’ll be in for if Komeela wins in November.
Evan Nappen 23:57
Hey, folks, I have some important news about WeShoot. You know, my favorite range in Lakewood, New Jersey. They’re running a 15% off on all pre-loved guns, what you might call used guns. They’re having a great sale, 15% off. That sale is running from September 27 to October 6. So, go check out their great supply of used guns and get a bargain. And also really exciting, and this is great news, WeShoot is now offering New York City Non-Resident Concealed Carry Certification. So, if you want to get your New York Carry Permit, you can go to WeShoot and take the course there that you need to get your New York Carry Permit. That’s right. This is one of the new things available now, thanks to the Bruen case. Non-residents can get a New York City and New York State Carry Permit. Of course, the application, a mortgage application is simpler, but if you’re willing to go through the hoops and loops, you need this course. WeShoot offers it. So, check out WeShoot at weshootusa.com. That’s their website. weshootusa.com Make sure you catch that great sale on pre- loved guns.
Evan Nappen 25:41
I also, of course, want to shamelessly plug my book, which is New Jersey Gun Law, the Bible of New Jersey gun law. It’s over 500 pages with 120 topics all in a question and answer format. It’s user friendly, and it’s made for you to understand New Jersey gun law. What seems impossible to understand, but I’ve tried to make it so that anybody can at least get a grip on the incredible matrix that New Jersey puts out of their insane gun laws. So that you can stay legal and not become a victim of gun laws. I hear from victims every day, and I don’t want you to become one. So, get a copy of my book, New Jersey Gun Law. Go to EvanNappen.com, and you’ll see the book right there. Click on it. You can have it in a matter of days, factory fresh, delivered right to you. When you get the book, scan the QR code on the front cover. On the front cover is a QR that when you scan it, it sends you to my subscriber base. You can subscribe for free. That list stays private. You will get updates on the law
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changes, and you will have access to the archives for any past updates. So, your book stays current. Make sure you register today for free and get a copy of my book at EvanNappen.com.
Evan Nappen 27:14
On the back cover of my book, you will see a full page ad for the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights group for New Jersey. They are the ones defending our gun rights. They’re in federal court, as we speak. Fighting the Government, fighting the gun rights oppressors, and winning. So, this is something you want to be part of. Make sure you do your part by joining the Association. They have a full time paid lobbyist, keeping an eye on the shenanigans going on in Trenton. You want to know what’s going on. You are sent emails and alerts so that you can take action, simple action, that can make a huge difference in our fight for our gun rights. So, make sure you join the Association of New Jersey Rifle & Pistol Clubs at anjrpc.org. anjrpc.org
Evan Nappen 28:12
So, here’s something that is very interesting to me, and I think you’ll find it interesting. One of the great news sites that I look at every day, and I look at dozens of them regarding firearms. One of my favorites is AmmoLand. I love AmmoLand, and they had an article that I want to bring to your attention. This is posted and a major, major issue here being revealed. The title of the article is “China’s New Export Restriction Choke Hold on Critical U.S. Ammunition Components. Are you prepared?” (https://www.ammoland.com/2024/09/chinas-export-choke-hold-critical-u-s-ammunition-components- are-you-prepared/)
Evan Nappen 28:59
This article is very interesting because it revealed to me certain things that I had no clue about. Let me just read you a little snippet from the article, which you can find on AmmoLand. It says, the recent decision by China to halt the export of two critical components, nitrocellulose and antimony, has raised alarms in the U.S. ammunition manufacturing industry and among defense experts. This is really critical, folks, because we’re in the middle of wars all over the world since the senile sock puppet became president. You know, his philosophy is war through weakness, and that’s what we’ve been experiencing. So, with all these conflicts and tensions and we get to the brink of World War III, there’s huge demand, and what we’re seeing is inadequate ammunition supplies for both military and civilian markets.
Evan Nappen 30:05
Here’s a fact right out of this article that’s really amazing. China accounts for nearly half of global production and supplies, 63% of U.S. antimony imports. Antimony plays a vital role for making armor- piercing ammo, night vision goggles, precision optics and for hardening bullets. Okay, it’s important for all that. Nitrocellulose, which is a gun cotton, is absolutely essential for making propellant powder that’s used in our ammo. Without these core materials, we are extremely vulnerable in our ammunition supply. Just last August, China announced they’ll discontinue the export of these materials to the U.S. That is really scary and bad news. Remember, antimony is used in the hardening of lead bullets. It’s pretty basic for what we do, folks.
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Evan Nappen 31:28
And nitrocellulose is really critical, even though it’s apparently simple enough to make. But the plant in China exploded in May 2024 and that affected supply. There are only a few companies that are able to safely make the stuff you see. So, it’s going to have a huge impact on us. Many, many places are now reporting that there’s shortages on components and powder and that it’s dwindling. They can’t meet the demand. Let me just read you here a quote from John Farnham, who’s one of the industry experts. He’s giving an important warning about supply chains. Farnham says, “Right now, most components are reasonably available, but that will begin to change soon! Two weeks ago, the CCP precipitously announced that it was discontinuing the export to the USA of nitrocellulose and antimony. These two products are indispensable in the production of propellant powders and primers. There are other, lesser sources, but CCP has always been the main supplier. I predict significant commercial ammunition shortages, starting shortly!” So, folks, you have heard the message, and you better stock up. Stock up while you can. We’re going to be hitting another ammo drought. Another ammo drought when we need ammo more than ever. Keep that in mind.
Evan Nappen 33:16
I have a letter here, which I love, an Ask Evan letter, which is from Luis, regarding paying for my son’s gun purchase. Hi, Evan. I’ve been listening to your podcast since your first podcast in 2020. Wow. It’s been that long. It’s true. I have both your books, and I love them. Well, thank you. But one question I don’t see the answer is, can I pay for my son’s firearm purchase with my credit card? Thank you for all you do for firearm owners in the communist state of New Jersey.
Evan Nappen 33:48
Okay, let me just say that it is not a good idea at all. Individuals have been prosecuted when you buy a gun for another person, and by using your credit card, it appears that you are making that purchase. Now it gets a little tricky. Because you are able to buy a gift that’s a bona fide gift, but you cannot buy for somebody else and then give them the gun, if it’s not a gift. Where they’re giving you the money or they’re reimbursing you, or that kind of thing. Because that ends up being a straw sale, and ATF has enforced this. There’s a famous case that went all the way to the U.S. Supreme Court, where a guy bought a gun through his law enforcement discount for his father. He bought it and then sent it to the dealer. The dealer did a transfer to the father, and he was prosecuted for that being a straw sale. Even though it went through a dealer to the father. It didn’t matter. The Court upheld it, folks. It’s precarious. So, I would not advise paying for anyone else’s firearm because you don’t want to have that issue. I know it sounds ridiculous, but you know how it goes. These gun laws are ridiculous, and they’re enforced to ridiculous absurdities. I don’t want to see you become a GOFU, but that’s not today’s official GOFU.
Evan Nappen 35:28
Today’s official GOFU is a little trick, a sneaky trick, that I’ve been seeing done by the authorities, by the Government. If an individual is engaged in an act of self-defense, a legitimate act of self- defense, but you know how when you engage in self-defense, often you get criminally charged? I mean, that shouldn’t surprise anybody. What we’re seeing is, and I have actual cases on this. An individual who exercised self-defense, the government brings a red flag TERPO, you know, like the gun rights oppressors keep pushing that New Jersey has. They bring that TERPO (Temporary Extreme Risk
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Protection Order) first, and there’s no criminal charges yet. They use that as the excuse to speak to the person who they’re serving the TERPO. So, it becomes a tool of their investigation.
Evan Nappen 36:33
By speaking in the TERPO, where you think you can’t believe that this is being filed, and you’re making more and more statements, those statements end up being used in an escalation in your criminal charges to try to undercut your claim of self-defense. It’s a dirty trick, and it’s used in this manner. You need to beware of any time you have someone from the Government wanting to talk to you, whether it’s a TERPO, Temporary Extreme Risk Protection Order or Duty to Warn where a health professional called the police on you because you happen to say that you were so mad at somebody you could kill them, or you had such a bad day, you could kill yourself. Even though it was hyperbole, and you never meant to do any of those. It doesn’t matter. It’s like making a bomb joke at the airport.
Evan Nappen 37:27
If you have any encounter with law enforcement where they want to talk to you about anything, you need to say, talk to my lawyer. You need to put that lawyer between you and the Government every time. It’s your Sixth Amendment right to counsel, folks. And the TERPPO is used as a tool, actual cases on this now, being used as a tool to escalate into criminal charges and to use as a vehicle to gain questions and interrogation tactics against law-abiding gun owners simply exercising self-defense. So, keep that in mind. Remember, gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 38:26
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 E205_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.
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39 min
September 22, 2024Episode 204-Kamala Harris Sucks
Episode 204-Kamala Harris Sucks
Also Available OnPodcast TranscriptGun Lawyer– Episode 204 Transcript
SUMMARY KEYWORDS
gun owner, guns, new jersey, search, consent, firearms, constitutional carry, law, gun rights, state, vote, oppressors, president trump, rights, carry, probable cause, folks, gun, second amendment rights, america
SPEAKERS
Speaker 3, Evan Nappen, President Trump
Evan Nappen 00:19
Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, let’s discuss Komeela. That’s what I like to call her, Komeela. And Komeela is the old bait and switch, folks. You know, all those millions of people that voted for the senile sock puppet suddenly had their vote erased, basically eliminated, in a bait and switch. Komeela got installed, and now the big con is on. Essentially her campaign could be summarized as a mystery grab bag. You don’t know what’s in it, and she’s not going to really tell you what’s in it. She wants you to vote for the mystery grab bag.
Evan Nappen 01:15
However, it’s actually not that much of a mystery when you know what she has done in the past. What she’s trying to put forward now is, I’m a gun owner. I’m a gun owner. Oh, well, if someone’s a gun owner, that just means they’re fine. They’re great. They have to be one of us, right? And nothing could be further from the truth, because, frankly, I don’t know any gun rights oppressor who isn’t a gun owner. Being a gun owner doesn’t make you someone who wants to defend gun rights. Not at all. As a matter of fact, I know people, who are not gun owners, but vigorously defend gun rights. So, being a gun owner doesn’t mean a damn thing.
Evan Nappen 02:14
What does matter is what you’ve advocated for in the past, what you have wanted to do, and the statements that you’ve said in the past. Not what you’re trying to persuade the public about now, within weeks of an election where you’ve been put there without a single vote to try to fool America. And you know, the Democrats have done this before. You may recall the Senate race in New Jersey, where the torch, you know, Robert Torricelli had to get out of the race, and they anointed the corpse there, Frank Lautenberg. He wasn’t elected by anybody, right? Doesn’t matter. And guess what? He won, folks. Remember that — he won. So, they’re up to their old tricks.
Evan Nappen 03:20
Now we have Komeela trying to persuade us with smoke and mirrors. She’s a gun owner, and she’d shoot somebody, too. How nice. Except what’s the real Komeela? Well, I’ll tell you. Recently, a clip of her speaking when she was the lead, top prosecutor there, the district attorney. She made her views pretty clear, and remember, this is her acting as the prosecutor, as a district attorney, where their goal
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is to protect the Constitution, to protect our rights as well, find and enforce in terms of justice. Remember this is their job and what they’re supposed to do. You need to hear what she said when she was in the position of power when it came to our guns and our gun rights. Mr. Producer, please play the clip of Komeela.
04:40
It’s people who own guns who are quietly sitting on those guns, and those guns might end up being the weapons of the destruction of a community, because they get in in the hands of some kids who decides that they like what they see on television and they want to act that way. So, this is about just basically saying that we’re going to require responsible behaviors among everybody in the community, and just because you legally possess a gun in the sanctity of your locked home doesn’t mean that we’re not going to walk into that home and check to see if you’re being responsible and safe in the way you conduct your affair.
Evan Nappen 05:15
So, did you hear that? It’s not going to stop them from going into your home and checking your guns. Imagine that! No probable cause, no warrant. I mean, screw the Fourth Amendment. I mean, you might have a gun, so we just have a right to go check and if we don’t like what we see or what we find as we invade your privacy as a gun owner. Focused on gun right suppression, which remember, encompasses all our rights here. You just heard the real Komeela. You just heard this person, who wants to be our President and leader of the free world, talking about a policy, an opinion, and a view of our Second Amendment rights that, my friends, is pure gun rights oppression. That is how a gun rights oppressor speaks, and you better realize it.
Evan Nappen 06:39
This election is unbelievably critical. I know you hear all the time how important elections are, but this one has to win the prize. We are literally talking about our country as we know it, our rights as we know them, being destroyed by Komeela and the Democrats. Okay? That’s who’s out there to completely change what we know and love for the worst. Versus their opponent, President Trump, who will do the opposite! Who will empower us, protect our rights, protect our gun rights, protect all our other rights, change us into the powerhouse that America can be and make us again the absolute greatest nation on Earth. It’s a choice of becoming a Third World authoritarian country like Venezuela or any of these other banana republics. And look, they’re already doing the Banana Republic thing by law fair and their political opposition. Looking to censor free speech, just void out our Fourth Amendment rights, as you heard her talking about right there.
Evan Nappen 08:38
You’ve got to make sure, absolutely make sure, that you are registered to vote, and that not just you vote, but you get your friends and family registered to vote. As I talk to my audience, who are people that treasure all our rights, and particularly our Second Amendment rights, President Trump had something to say about that. What he had to say is true, and it’s sobering. But you need to hear it. We all need to hear what he said, what he said while he was on the Greg Gutfeld show. Mr. Producer, could you please play President Trump.
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President Trump 09:42
If the gun owners voted. I mean, the gun owners are just a massive proportion if they voted, but they vote, like at 16% or something. If the people, because they want to take your guns away. She wants to confiscate your guns. She wants to take them away. You know, she’s now trying to get out of it. So, she had policies that she’s now changed 14 policies about fracking. She was totally against, for 15 years, fracking. Now, all of a sudden, a short while ago, she came out in favor of fracking. Same thing with guns. She said, no, no, I don’t want to take your guns. I don’t want to. For 20 years, she’s wanted to take your guns. All of a sudden, a short while ago, she said, no, no, I don’t want to. One thing about a politician, they always revert back to where they were at the beginning.
Evan Nappen 10:23
So, there you have it. President Trump is telling the truth. She wants to take your guns. Komeela, good old Komeela, wants to take your guns. She’s lying about all her policies, or even simply not speaking about them. But did you hear what President Trump also said about gun owners? How only 16% or so actually vote, and if they did vote, it would make all the difference. He’s right. He’s absolutely right. So, do not be one of those folks that own guns, that cherish our rights, cherish our gun rights, who do not vote. Let’s turn that around. Make sure you’re registered to vote. The threat is real. Do not be turned into a non-entity by not voting. Get out the vote. Help others to get out the vote.
Evan Nappen 11:47
If we do that, we can win this, and it will be the shining times for America. We will have our gun rights so secured for generations because President Trump will appoint even more pro-gun Supreme Court justices. President Trump will do what’s right across the board for our country. For our energy, for immigration, for all those issues that are destroying us. We can make the difference. I don’t want to just be preachy here. But you heard what Komeela has to say from her own lips, and you heard what President Trump had to say. And guess what? Both are speaking the truth. Both are speaking the truth. Komeela is talking the truth about what she believes in that clip. President Trump just told you the truth, and that truth bothers me. It bothers me that we’re not out there in full force, exercising our power at the ballot box. Make sure you do that, folks.
Evan Nappen 13:11
One of the ways that you can stay informed is by belonging to the Association of New Jersey Rifle & Pistol Clubs. They are the gun rights premier organization in New Jersey. They are litigating on behalf of all of us in the federal courts as we speak, challenging the Carry Killer law, the modern sporting rifle ban and the standard capacity magazine ban. They are standing guard, watching over the legislature with a full time paid lobbyist. They’re making a difference. You need to be part of that organization. They will also help you to know the threats that these individuals that are gun rights oppressors are placing upon us. So, you want to join Association, and I strongly suggest you do. Go to anjrpc.org and become part of the solution when you join them.
Evan Nappen 14:24
If you want to stay on top of the gun laws that are changing, both for good and bad, as we continue our fight against the gun rights oppressors, make sure you get a copy of my book. It is, not surprisingly, called New Jersey Gun Law, and it is the Bible of New Jersey gun law. It’s over 500 pages with 120
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topics, all in a question and answer format, so that even you can understand New Jersey gun laws. To get your copy, go to EvanNappen.com. You’ll see the big orange book. Order it, and you’ll have it in a matter of days. You’ll be glad you did. When you get the book, scan the front cover, and subscribe for free to my updates and the archives. The book will stay current for you. It’s used by police, lawyers, judges, and most importantly, 1000s of law-abiding citizens throughout New Jersey. And you’ll use it as well. I guarantee it. It is indispensable if you’re a gun owner in New Jersey.
Evan Nappen 15:43
If you’re a gun owner in New Jersey, one of the things gun owners often do is look for a place to shoot. I have a great recommendation for you, and that is, WeShoot. WeShoot is an indoor range in Lakewood, New Jersey, right there in Central Jersey, conveniently located off the Parkway, the famous Garden State Parkway. You know, we drive on a parkway, and we park on a driveway, but we have the Garden State for that. Sometimes I’m parked on the Garden State Parkway. Yeah, you know what traffic can be. But anyway, that is the range where I got certified, my brother got certified, and where my family shoots. It’s a great range. You’ll love the indoor range where they have tremendous trainers. They can get you fully equipped with all the guns and gear. Get your CCARE certificate so you can get your carry in Jersey. It’s great place. I know you’ll love it. Check out weshootusa.com. Beautiful website, beautiful photography. WeShootUSA.com.
Evan Nappen 17:03
Here is something that I really, really love to see. It’s a new law being proposed that’s pro-gun rights. Imagine that. Now, obviously this law is not going to pass right now. But if gun owners get off their ass and vote en masse, we could actually make this happen. Okay? And what I like about this law, this bill that’s been proposed, is that it is a new dawn in just the issue itself. And what issue am I talking about? Well, you know, folks, we’ve struggled for years to finally get “shall issue” carry. We struggled for years to even be able to have a carry permit issued as “shall issue” in New Jersey. Now, of course, the gun rights oppressors’ response was a hissy fit with the Carry Killer law. Yeah, you’ll get a permit, but we’ll try to make it useless by limiting where you can actually use it. But that strategy is falling to pieces as the Association is winning in their litigation. Nonetheless, we fought hard to get our ability to get a carry permit in New Jersey. The whole fight of legal carry. The history of it. Remember, I’ve practiced law, been an advocate for our rights, battled these things in the courts, defended law-abiding citizens, and I’ve seen this history in the making firsthand. When I first started practicing law, well over 35 years ago, the idea that we’d have a “shall issue” permit to carry in New Jersey was a pipe dream, but it’s now reality. We’re making it even better and easier, and it is on the correct trajectory.
Evan Nappen 19:35
Well, one of the things that was proposed through the years that I actively supported, and I bet many of you did, was what we call National Reciprocity. Now, National Reciprocity was the idea to have a law that mandated that every state recognize every other state’s license to carry or permit to carry a handgun in the similar way that driver’s licenses are recognized. Of course, this made sense, but the gun rights oppressors have stopped it politically every time. When it’s come close, the Democrats have invoked the filibuster rule to kill it by a vote or two so it could never pass. Once we defeat the gun rights oppressors, this new bill that’s been proposed actually makes National Reciprocity obsolete. That’s right. What kind of bill would make national reciprocity obsolete? Well, let me tell you what bill that is.
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This is a bill an idea, and just getting this idea out there is wonderful in and of itself. I give a lot of credit to Republican Representative Thomas Massie of Kentucky, who has proposed HR 9534 (National Constitutional Carry Act). (https://www.thetruthaboutguns.com/national-constitutional-carry-measure- introduced-in-congress/) What his bill is, are you ready for this, folks? National Constitutional Carry. Oh, my God, I love that. Don’t you love that? National Constitutional Carry.
Evan Nappen 21:33
Because, you know, now in the growth of the concealed carry liberty movement, not only do we have “shall issue” and the win in the Bruen decision, but we have more than half of the American states and over 70% of the geographic territory of America Constitutional Carry land. Meaning you don’t need a permission slip from the Government to carry with Constitutional Carry. If you’re legal to possess your gun, you can carry it. Period! No permission slip needed. Now the idea of National Constitutional Carry is as sweet as sweet gets. Let me tell you what Massey stated. He said in his introduction of the bill on X, he said, “No one should have to beg the government to exercise a constitutionally protected right anywhere in the country.” Amen. No one should have to do that. His legislation says, “Certain states and localities have enacted gun control laws that are not consistent with the text of the Second Amendment or this Nation’s historical tradition of firearm regulation. The criminalization of peaceable, public firearms carry is repugnant to the original meaning of the Second Amendment.” Damn right.
Evan Nappen 23:24
This bill has two provisions. Let’s look at both provisions to get this idea out there, understood, because we can push this and push this. We can vote. We can change the political dynamics in this country, and we can get this passed. We could do this, folks. Provision number one says, “No State or political subdivision of a State may impose a criminal or civil penalty on, or otherwise indirectly dissuade the carrying of firearms (including by imposing a financial or other barrier to entry) in public by residents or nonresidents of that State who are citizens of the United States and otherwise eligible to possess firearms under State and Federal law.”
Evan Nappen 24:26
The second provision says, “Any statute, ordinance, regulation, custom, or usage of a State or a political subdivision of a State that criminalizes, penalizes, or otherwise indirectly dissuades the carrying of firearms (including by imposing a financial or other barrier to entry) in public by any resident or non-resident who is United States citizen and otherwise eligible to possess firearms under State and Federal law, shall have no force or effect.” Beautiful, just beautiful. This National Constitutional Carry law will finally make the Second Amendment, our Second Amendment rights, exactly what the Founding Fathers intended those rights to be. This is exciting. This idea has finally been put out there as a bill that not only makes sense and reflects the truth, but it is a bill that actually reflects what is already the majority of states in America and 70% of the land mass in America.
Evan Nappen 26:09
So, it is not farfetched. It is not a pipe dream. It is something that can be made a reality. It’s being made a reality, step by step, as each state becomes Constitutional carry, but this will force it on those states that still engage in gun rights oppression. It is something that we can fight for and gain our rights back. And I wanted you, my listeners, to know about it, because it shows you. It shows you that there’s hope
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and that there is an offensive that we can still take, and boy, we’re going to take it. I’ll tell you when it starts. It starts with this election. So, make a difference. Make sure you, your friends, and family are registered to vote, and you all actually vote, because these are the kind of things that we can get done. It’s critical.
Evan Nappen 27:30
Now I have some of my favorite, favorite letters that come in to Ask Evan. I really love getting your letters and answering your questions. I look forward to doing these letters, and I know you, my listeners, enjoy them as well. So, here is a letter, and actually, it is something that I’ve received in a couple formats here, believe it or not. What it says is, and this one is from Ed, it says on a recent podcast, you said to never consent to a search. How can we politely and respectfully do that? What should we say and how would we say it, so as not to be a jerk while maintaining our rights. Thanks for your work fighting for rights, and your podcast is a never miss for me!
Evan Nappen 28:40
Well, Ed, I appreciate it. So, your question is, how do we politely and respectfully not consent to a search? And it’s really very simple. All you have to say to the law enforcement officer who is requesting a consent where they have no probable cause whatsoever, but they just want to engage in a fishing expedition at your cost, and they’re asking you to consent to a search of your home or your car. All you have to say to be polite and respectful is, go fuck yourself. Just kidding about that, folks. I would not actually advise saying that. You might think it, but what you can say is simply, “I do not consent to a search.” Now, why would you say, “I do not consent to a search”? Are you being a jerk if you say, “I do not consent to a search”? And look, I totally understand Ed and I appreciate what you’re saying. We want to be respectful, because we are respectful. Law enforcement has a job to do, and we get that. I don’t want to have a society without law enforcement. I’m not in favor of defunding the police. I don’t like the bad guys and the criminals, but I also love our Constitutional rights. Especially when you’re in a state like New Jersey, where there’s an agenda from above that forces our great men and women of law enforcement to have to enforce this agenda.
Evan Nappen 30:38
You want to be clear that you do not consent to a search. Just say those very words but say them in a nice way. Don’t say them in an obnoxious, nasty, terrible way. You simply say, “I don’t consent to a search.” By saying you don’t consent to the search, you make it crystal clear and unmistakable that you don’t consent to the search. And why is that so important? Because if the search is going to take place anyway and you have plainly not consented by saying that you don’t consent, it’s going to be a question as to whether there was probable cause for the search. As to whether there was sufficient justification under the Fourth Amendment for the search.
Evan Nappen 31:33
And let me say something that seems to be a problem with people getting it through their heads. Not consenting to a search is not probable cause to do a search. Some people will tell me, well, if I don’t consent to the search, they’ll think I’m hiding something. So what? That doesn’t mean there’s probable cause for a search because you didn’t give up your Constitutional rights. It is your right, not their right. It’s your right. Don’t consent to giving up your rights. By not consenting, you actually protect your rights.
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And by being clear about not consenting, you protect your rights, and that’s what we must do. It’s not to be insulting to the officer who’s trying to do their job. It’s not insulting most of the time when an officer is a person who recognizes they have a job to do, but it’s actually sympathetic to the gun owner. If you refuse the search by saying, I don’t consent to the search, many times they’re secretly glad. I’m not kidding, secretly glad, okay? You didn’t consent to the search. Well, then they’re not going to search. Oh, well, guess they’re not searching. It isn’t necessarily anything that they’re going to be upset about.
Evan Nappen 33:12
Not necessarily, folks, not necessarily at all. Because let me tell you something, I get a lot of referrals of people that get in trouble, and they call me to represent them. And do you know that many, many of those referrals, and I appreciate it, come from the police officers themselves. How can that be? Why would an officer refer the person to me to defend them? Because they know that they have a job to do, but they are sympathetic to the gun owners. They know. Believe me, they’re not referring some guy that just, you know, robbed the bank. Oh, call Nappen, and they’ll get you off. No, they’re not sending them. They know who the good guys are and who the bad guys are. They know what laws suck and shouldn’t even be on the books. But they’re forced to do their job and which ones don’t. Same comes to this, my friends. Be polite. Be respectful. But stand on your rights and make it clear that you’re not consenting. Because if that search still takes place, then we’re going to seek the protection of the Fourth Amendment.
Evan Nappen 34:37
Now we come to one of the most favorite segments of the show, and that’s the GOFU. The Gun Owner Fuck Up. And why do we talk about GOFUs? Because a GOFU is a very expensive lesson that gun owners have learned that may have cost them their gun rights, their freedom, etc., that you get to learn for free by listening to the show. Now today’s GOFU is based on a letter that I received. It’s not yet a GOFU that has impacted this person writing, but it sure has the potential. That’s what I want to warn you about. So, this is from Chris, and I appreciate the letter. Also, I have another one, very similar from Jim, believe it or not. Here’s what Chris writes, and I’ll read you what Jim writes regarding. Oh, I’m sorry. You know what? This is not a GOFU. Here’s the GOFU. The GOFU is from Jim.
Evan Nappen 35:56
Before I get to Jim, where I do have a second letter, by the way, that is from Jim. He did a follow up. I guess this letter from Chris. Let’s just go to this one, not the GOFU, though, this too could be a GOFU. Chris says, regarding New Jersey Permit to Carry – Duty to Disclose — possibility of cased firearm searches. Hello, Mr. Nappen. I’m a regular listener to your informative, entertaining Gun Lawyer podcast. Thank you for producing such valuable content. I am a New Jersey Permit to Carry holder, and I understand my Duty to Inform a law enforcement officer if stopped while actively carrying concealed firearm on my person, and also now, punitively, when I’m simply transporting case handguns at the range. My question pertains to maintaining my legal rights against a subsequent vehicle search after my mandatory disclosure. Other than requesting to inspect the firearms where they have a right to do if they’re investigating as they do, might I be transporting in my vehicle at the time of the stop, etc, yes, can I refuse the search inspection requests of my cased firearms? So, the question is a good one. It’s about Duty to Disclose and its ramifications. So, recognizing, as Chris does, that you have to disclose if you have that carry permit, even if you’re transporting the firearms to the range, and you
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have that carry permit, to what degree does it open up for more searching? And that is where, again, you do not consent to a further search. You have to disclose, and they do have the right to inspect the handgun if there’s that “investigation”. But further searching, you do not have to consent.
Evan Nappen 37:51
Now, let me just make this clear. Your consent and not giving it is one thing, but if you do not consent, you have no right to stop or resist the officer from searching. The fact is that you just want to be on record that you’re not consenting to further search, but if they insist, they’re going to search without probable cause. They’re going to conduct an illegal search. Well, that’s on them. It’s on them. They’ll have to explain to the judge, and maybe even in a civil rights lawsuit, why they thought that was okay when you clearly did not give your consent. But Duty to Disclose is currently the law, and we have to abide by that Duty to Disclose. Challenges are in the works, actual cases challenging it. I don’t know. I think it has one foot in the grave, but we’ll see. For now, I don’t want to see that GOFU on you for not disclosing. Still, after you disclose and do allow for inspection of your carry handgun, as the law requires, do not consent to further searches. Never resist in any way if the officer wants to continue searching without your consent.
Evan Nappen 39:19
Now to the big GOFU. The big GOFU is from Jim. Jim says, I love your podcast. I have your book and one you signed 25 years ago. Yes, you must have Nappen One, the book that started the legend there. Actually, they sell for a lot of money online. I don’t know why that is. Kind of funny, but I’m glad you have it. I’ve been at it a while. I’m glad you have the book and kept yourself out of trouble, hopefully using it. Jim says, my question is, I live with a woman, but we are unmarried. Well, I am not judging that, that’s for sure. Together, we are raising her three now adult offspring. Two of them live with us, and one has moved into an apartment he shares with a roommate. Moving from a big house, not the big house, I hope, from a big house to a small apartment, he has left many things behind, including . . ., can you guess? I bet I can guess. I have a New Jersey Firearms ID Card and a carry permit. Is he, the gun owner, or me, the house owner, at risk? Is anybody at risk? Thank you. Then this must be the same Jim who sent me again regarding, is this a GOFU? My son moved out to an apartment he shares with a roommate. As the apartment is small, he’s left behind many things, including his guns. Is he or I at risk? I love your work. I have your new book. I also have a 25 year old autographed version of your first edition. So, I actually have two letters from Jim, which shows me how much he wanted me to take his question.
Evan Nappen 41:04
Jim, I’m happy to. Because this is an important thing, and I run into this in the practice. If he has moved out and he’s no longer a resident of his old house and he’s actually changed his residency, the question becomes, how is he storing his guns at a place that is no longer his residence? Because residency is the exemption under 2C:39-6 for keeping guns, and he can’t store guns at somebody else’s residence. So, now the guns are being stored there, and it’s not exempt for him. The problem is, well, what is your risk if the guns are there? Your risk even arguably could be if the State tried to allege they were unlawfully transferred to you. Or if the guns are present there and not owned by you but claimed to be owned by him, can they somehow be combined in some conspiracy charge? Who knows how far the gun rights oppressors are willing to go?
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Evan Nappen 42:22
A likely, common scenario is if this person who has moved out, who left his guns in your house, has some kind of issue with the new roommate, where some domestic violence allegation has been made, let’s say, or some other problem like that. Then it comes out that his guns are at your house. Guess whose guns are getting seized? Not just his, but yours as well. Whereas if he stored his guns at his place, they would have no reason to come to your place to take your guns over any potential problem that the other person might have. I see these things happen all the time with innocent third parties having their guns seized, particularly in the abuse of the domestic violence law, where guns are seized instantly.
Evan Nappen 43:26
You know, it’s more difficult to get a ticket at Wawa to get a deli sandwich there, than to seize guns in New Jersey, you know? I mean, it’s ridiculous. So, you’re opening yourself up to added liability for losing your own guns. The nature of the possession of everybody there, with guns that don’t belong to you, guns that belong to him, but there’s no longer an exemption, can create a whole host of problems that we might have to sort through. Even on getting guns returned that belong to you or fighting criminal charges. So, keep it clean. Don’t have firearms that don’t belong to you and don’t belong to somebody who’s not living in that household in the house there. It’s simple. You don’t want to be a GOFU, and there’s plenty of potential there for that to happen. I appreciate all the questions, folks.
Evan Nappen 44:35
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 44:46
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 E204_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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46 min
September 15, 2024Episode 203-New Imprisonment Threats by Gun Rights Oppressors
Episode 203-New Imprisonment Threats by Gun Rights Oppressors
Also Available OnPodcast Transcript
SUMMARY KEYWORDS
new jersey, gun, firearms, stickers, report, gun rights, jersey, requested, law, trenton, guns, camden, township, california, pretrial detention, bar, place, gulag, newark, switches
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:19
I’m Evan Nappen, and welcome to Gun Lawyer. So, I need to tell you about a very serious threat. A threat of imprisonment of gun owners. What I call the Gun Owner Gulag. Only, they’re looking to make it even worse. I’m going to tell you about this threat, and they’re concealing the threat as the way the gun rights suppressors often do. They promote one thing while pushing other things that are even more detrimental to our gun rights, and in this case, our personal liberty and freedom and not being imprisoned and held without bail to the extreme.
Evan Nappen 01:23
So, let me tell you what I’m talking about here. We have to be aware of this because it’s coming, folks, and this is step one. What I’m talking about is the report that just came out from the New Jersey State Commission of Investigation, and it is called “Illegal Firearms Use & Trends in New Jersey.” If you want to see the actual report, of course, there is a link to it in the transcript at the Gun Lawyer website. (https://www.nj.gov/sci/pdf/SCI%20Illegal%20Guns%20Final%20Report.pdf) Now there’s a little letter that’s attached to the report, and this letter is sent by Tiffany Williams Brewer, who’s the chair of the commission. This letter is being sent to Governor Phil Murphy. The letter states, “The State Commission of Investigation, pursuant to N.J.S.A. 52:9M-1 . . .”. It’s funny. It’s m1 isn’t it? “. . . to -20, herewith submits its final report of findings and recommendations stemming from an investigation into illegal firearms and gun violence trends in New Jersey.”
Evan Nappen 02:28
So, immediately, you know, it’s largely bullshit, because they’re using the word “gun violence”. Right? Got to talk about it as “gun violence”, not “criminal violence”. God forbid, the State Commission Investigation actually looks at criminal violence. No, no, that’s not what this is about. So, what does this report talk about? Well, this report is being, if it’s talked about at all, what’s being talked about is their concern about “ghost guns”. Woooo scary? Ghost guns. Which are, of course, privately-made firearms, which Americans have been doing since before the country was a country. But it’s always scary to tell the ghost stories. So, here we go. All right, bad enough, and use of 3-D printers to manufacture guns and gun parts. Well, we already have a ban on that in New Jersey anyway. And they’re focused on switches. They’re talking about Glock switches because Glock switches are so easy to make on a 3-D printer, and they convert Glocks very quickly to full auto.
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Evan Nappen 03:47
They can’t stop the frequency Kenneth here, because it’s out there, and anyone with a 3d printer can download how to make Glock switches. The Glock switch goes on the back of the Glock, very easy to put on. You click the switch and your full auto with your Glock. So, they’re very concerned about this, because so many Glocks are being recovered that are full auto switches. A lot of this stuff, even if you don’t three print it, is being sold by the chai coms into the U.S., but they don’t focus on that here, of course. Anyway, the whole report seems to be, you know, the primary push is all about that, and that’s bad enough. They mention that switches themselves in New Jersey are not prohibited by New Jersey law. So, in a way simple, there is no unlawful possession of a Glock switch law in Jersey. However, they’re federally prohibited. It’s like possessing a machine gun. So, you get a federal charge for the equivalent of possessing a machine gun if you have one of these things, whether New Jersey, independently, has a switch law or not. Regardless, it’s federally prohibited anyway. But again, they got to crank it up and create the fear. You know, “ghost guns”, and these are all over. Okay, so that’s their normal gun right suppression stuff they do. But here’s where the additional things in the report that aren’t being emphasized are truly scary, way scarier than ghost guns and Glock switches. In my opinion, what is way scarier is because of its impact on gun owners, law-abiding gun owners, in New Jersey and what they intend to do.
Evan Nappen 05:52
Let me fill you in. This report lists five or actually six points, if you will. The first point is, I’ll read them to you, but I’ll breeze through them real fast. “1. Although it is illegal in New Jersey to use a 3-D printer to manufacture guns and gun parts, state law fails to criminalize the possessing of printing plans to create gun parts, which could lead to further deterrence.” So, now they want to expand it to 3-D printing of even just having plans. They want to go at First Amendment rights to have even just information. They want to expand that already exists on the plans to make the weapons. You know, they want to expand that First Amendment violation for freedom of speech here. “2. State law does not prohibit the possession of switches that enable a semi-automatic weapon to be transformed into a machine gun, despite these devices being accessible to purchase for as little as $20 online.” “3. A small number of guns are driving a large share of the violence in numerous New Jersey municipalities, suggesting that current state law and prosecutorial strategies do not adequately address multi-shoot firearms.” That’s sure a lot of vague bullshit to jam more gun rights oppression up our butt, isn’t it?
Evan Nappen 07:20
And this is where it really gets bad, folks. “4. A disparity between the timing of pretrial detention decisions and the availability of National Integrated Ballistic Information Network (NIBIN) data analysis precludes valuable information from being considered in bail decisions.” Now, I’m going to get into detail about what that really means in a moment, and that combines with number five. “5. Current Public Safety Assessment (PSA) risk factor calculations fail to accurately reflect the dangerousness of firearms.” And then six. “6. Additional protocols may strengthen shooting intelligence collection.” (Page 3 of the report)
Evan Nappen 08:17
So, what does this really mean? Why is this so scary? Why is it such a threat? And why do we need to be very much aware of this? Because this report, I guarantee you, is going to be a basis for future
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legislation. In that legislation, they’re going to put restrictions and new laws in that are going to dramatically affect the ability to imprison gun owners in the Gulag for extended periods of time. Let me explain how. They claim in the body of this report that a small number of guns are driving a large share of violence in numerous municipalities, and that current strategies don’t address multi-shoot firearms. So, what the hell are they talking about there? They’re talking about different shooting events and things that happened in Paterson and Newark and Trenton, etc, and they said current community gun laws address the issue of the same guns being used again. Yeah, we’ve had that for a while.
Evan Nappen 09:33
But here’s where they’re sneaking it in, folks, and it’s going to jam it to law-abiding gun owners. “Similarly, the reckless or intentional public discharge of a weapon is not explicitly addressed by New Jersey’s criminal laws. Instead, public discharges of a weapon are now generally treated as criminal mischief – an offense equivalent to spraying graffiti on a wall or breaking someone’s window.” (Page 7 of the report) Oh. Discharge, reckless discharge. Reckless discharge. Hmm. Do you mean when somebody has an accidental discharge in Jersey, of which I have case after case after case, and the state decides to criminally charge them with recklessness? Do you mean those things? Yeah, you see.
Evan Nappen 10:36
Then, when you get deeper into it, what does it say in their recommendations part? It says, we need to criminalize firearm discharges. It states, “When crafting legislation to criminalize firearms discharges, lawmakers should consider laws . . .”, which is the signal, right? Whoop, whoop. Please make this law happen, and of course, they’re going to. “. . . enacted in other states that have criminalized the discharge of a weapon under specific conditions or if a shooting incident occurs near particular locations. For instance, Pennsylvania has a law against ‘the knowing, intentional, or reckless discharge of a weapon into an occupied structure.’ Florida law prohibits knowingly discharging a firearm in any public place, or on or over a public road, or from a vehicle located within 1,000 feet of any person. Those laws are akin to how New Jersey’s criminal statutes address drug-related activities that transpire in close proximity to schools.” (Page 11 of the report) Okay, so what are they going to do? They’re going to criminalize ADs (accidental discharges). And you know that New Jersey is going to make it so broad that any AD is going to get criminally charged. It’s going to happen. It’s going to come under reckless, and they’re going to make it a new way to throw you in jail. And it doesn’t end there.
Evan Nappen 12:16
Extending from that is their point 4. where they want extensions for pretrial detention hearings for gun offenders pending ballistic analysis. What does this mean, and how does it relate to what I just talked about and beyond? Let me explain. The recommendation is, “To enable judges to consider more complete information concerning a defendant’s possession of a firearm at the time of the offense when making pretrial decisions, the Legislature should amend the Criminal Justice Reform Act to permit those proceedings to occur beyond the current statutorily required timeline in cases where firearms analysis is pending.” (Page 11 of the report)
Evan Nappen 13:13
Here’s what this breaks down to, folks. The pretrial detention system, which we’ve discussed in the show before, is what I call the Gun Owner Gulag. In New Jersey, there’s no more cash bail. If you get
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arrested and charged on a gun offense as a warrant, which is the normal way they do things, you’re going to be held for up to 48 hours, guilty of nothing, until the prosecutor decides whether or not to seek pretrial detention. They have to make that decision in 48 hours. If they decide to seek it, which on gun cases they regularly do, then you can be held, and normally are, for up to five more days before a hearing where a judge is going to determine whether you’re going to get out or not. If the judge decides you’re not getting out, then you’re staying in until your trial or until your matter is pled out. Months and months or years. You’re in the Gulag, my friends. That means you’re virtually guaranteed seven days just on being arrested and charged.
Evan Nappen 14:21
What they want to do now is expand the time period while you’re sitting in jail, guilty of nothing, where there is no bail anymore, so they can extend out for who knows how long before you even get your hearing to get out. Oh, based on what? Based on their need to do analysis of the firearm. Analysis. Ballistic reports. How long are they going to wait? Months for ballistic reports? What type of analysis? Do they have to get their experts in? Reports on what? Boy, you can see that this is just so ripe for abuse. God forbid you have an accidental discharge. Oh, my God. Now you are charged with reckless. Now you’re in the Gulag. They have to do firearms analysis. You’re guilty of nothing and just held, imprisoned, by the gun rights oppressors. This is their plan. I’m giving you advance warning. Mark their words. That’s the reason for this report, folks.
Evan Nappen 15:33
Then they say they want to reassess again, the recommendation. “5. Reassess the Public Safety Assessment (PSA) Risk Factors to More Accurately Reflect the Dangerousness of Firearms.” (Page 12 of the report) What does that mean? I’ll tell you what it means. When you are subject to the Gulag and you’re subjected to that hearing to determine whether you’re going to be free pending your trial, a test is done. An analysis of two scales called PSAs – Public Safety Assessment. I do these all the time. There are two scales. One is, are you a flight risk? It’s on a scale of one to five, and the low numbers of what you want to see. The other test is criminality, danger, etc. It’s that second test that they abuse the hell out of already. Then the judge looks at those scores and puts that into their consideration of whether you’re going to get out or be held until your trial. Proven guilty of nothing. There is no more bail.
Evan Nappen 16:34
Well, now what they want to do is they want to make those factors include the “dangerousness of firearms” themselves. You know how dangerous those dreaded black rifles are, who only have one purpose, to kill hundreds of people. Right? And how dangerous a magazine that holds all those bullets, right? Let’s see what it says. “The Commission recommends that the Judiciary reassess the Public Safety Assessment risk factors, particularly to address cases in which firearms are discharged, but the conduct would not be currently categorized as a violent offense. The PSA’s violent offense list should include reckless and public discharge of a firearm, including but not limited to instances when public discharges are charged as criminal mischief or endangering another person offenses. . .”, which is so easy to be charged on any AD, “both of which are presently excluded from the violent offense categorization.”
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Evan Nappen 17:51
That’s right. They want to put it in to keep your ass in jail with no proof of guilt, no due process of any substance other than this pretrial detention hearing in front of a judge with this. No jury, no nothing. You’re stuck in jail. They also want to look at any time a gun is fired in public, shooting events, etc. So, they’re going to couch it all in that concern, folks. Then make their broad stroke law like they always do, and it’s going to jam up law-abiding citizen after law-abiding citizen. It’s already the Gulag, and this is their plan. You heard it here on Gun Lawyer first. You have got to stay vigilant.
Evan Nappen 18:49
The way you stay vigilant, number one, is to belong to the Association of New Jersey Rifle & Pistol Clubs because they’re monitoring this stuff in Trenton. They have a full time paid lobbyist. When you’re a member, you’re going to get the email alerts. They’re going to give you the easy way to let your opposition get known, by pushing those buttons that send the emails that let your voice be heard. They’re there trying to stop and monitor these things. This is on the horizon. Very, very soon, we’re going to see it as a proposed law, and it’s going to be bad. They’re going to look to enhance the number of gun owners that are incarcerated. If you’re a gun owner, they view you as a criminal. They view you as a threat. This is what gun rights oppressors do. You need to join the state Association, the Association of New Jersey Rifle & Pistol Clubs, ANJRPC.org, and help fight for your rights. This is just one of hundreds of things that the gun rights oppressors try to do, but this has dramatic and real impact. I know how they play. I know what they do, and it is extremely dangerous to our liberty.
Evan Nappen 20:26
I also want to tell you another way to protect yourself and that’s to get my book, New Jersey Gun Law, the Bible of New Jersey gun law. That book will help you not become a GOFU. That book will help guide you through the crazy matrix of New Jersey gun laws. When you get the book, you need to scan the front cover. Then you’ll get the updates. When they push this law, and hopefully not, but if they pass this law or any version thereof, I’ll be updating the book, and you’ll be right on it. You’ll get the alert and the new update, so you’ll know what’s happening. This way, you can guide your behavior accordingly. Take advantage of that. Also, if you want to buy the book, just go to EvanNappen.com. That’s my website. EvanNappen.com. You’ll see the big orange book. Click it to buy a book. You’ll have it in days, a matter of days now.
Evan Nappen 21:30
Let me also mention our good friends at WeShoot. WeShoot is an indoor pistol range in Lakewood. It’s where I shoot, and it’s where I got my CCARE training. My brother, my son and my wife, too. On and on. It’s a great place. I know you’ll love it. They have excellent training, a phenomenal facility, so conveniently located right in Central Jersey. They have a great website, too. weshootusa.com Beautiful photography. What a great bunch of folks. I give them my highest recommendation. Make sure you check out WeShoot in Lakewood. You’ll be glad you did.
Evan Nappen 22:12
So, let’s take a look now at some very interesting, quick little headlines. Then we’re going to get to something that’s really a lot of fun. I mean it. First of all, I want to mention that the U.S. has seized over 350 websites that were being used to import gun parts from China.
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(https://www.reuters.com/world/us/us-seizes-over-350-websites-used-import-gun-parts-china-2024-09- 11/) That’s right. They finally, finally. They’ve been letting it go on with ads on Facebook, ads all over the place for suppressors and auto switches and everything. It’s been going on for years. They finally got off their ass and did something about it. Wow, I’m like, in shock, but you know. Yeah, the Chi-Com are selling all these things, and then what happens? They track it. Then they come to your door and arrest you. So, they were too busy using the Chinese to set up gun owners in America. They finally had to clamp down on it, because they couldn’t keep up. It was allowed to go on for so long. Basically too little too late, but they finally moved on it. How nice. Okay, good.
Evan Nappen 23:30
I have a letter here, a follow up from last week on an Ask Evan. This is from Art who says, regarding is a pharmacy drive-thru a prohibited place. Remember, we talked about dispensaries and all that. Now, if they’re dispensing medicine, it’s a dispensary, and that’s how we’re going to have that big battle. But Art says, Hey, Evan, I listen to your show every week. I appreciate that. Thank you, and I always learned many things. Thank you so much. You mentioned the pharmacy and CVS or Rite Aid being a prohibited place. What if you’re in your car at the drive thru? It’s an outside location accessible to the public, and assuming there’s not a “no firearm” sign at the entrance, you should be okay. But does the act of accepting your prescription at the window constitute being at a dispensary, since they’re in the act of dispensing your medication?
Evan Nappen 24:21
Frankly, the answer would be yes, because that’s dispensing. While you’re there, that’s part of the pharmacy. It’s the pharmacy’s property, and it’s being used as part of the dispensary to dispense you the medicine. Before you drive up to that window, you better not have your gun loaded concealed on your person, because it could be alleged that you’re in a sensitive place. So, your best bet is to park and then use the sensitive place exemption to unload and secure your firearm properly, as we’ve discussed in the past. Then go inside and do what you need to do. Because it is a potential problem, and you don’t want to be a GOFU. We have got to be extra careful, even though the state Association is litigating this as we speak. But for now, you have got to be really careful.
Evan Nappen 25:18
Okay, let me talk to you about something that I thought was really funny, and it just deserves to be discussed. I want to give you more details than you may have even heard, because I know you’ll appreciate it. So, you know, one of the things that the gun rights oppressors have done in Jersey through Murphy and Company, was to offer the no guns at the premises stickers. Free stickers to prohibit guns at premises. Now they didn’t offer a “guns welcome” sticker. No, they used your tax dollars basically there to promote the prohibition of firearms. They set it up where you could just go online and order these free stickers. Well, it’s hilarious. I’m going to read the names of the people and places that actually requested these due to the excellent work of John Petrolino, who is a wonderful writer. (johnpetrolino.com) You can catch him on Keep and Bear Arms and AmmoLand and other great gun rights publications. John is just a dynamo when it comes to revealing and gaining information. He did a Freedom of Information through New Jersey. He got the Government records request and actually got the data of the folks that requested these stickers. He got the complete list of all businesses that
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requested “gun free zone” decals through the program announced by Attorney General Platkin on March 21, 2024, and the list is detailed. It’s really great, and here you go.
Evan Nappen 27:10
Okay, number one, and we’re going to go through them. Southern Ocean County Chamber of Commerce in Ship Bottom. They requested it. PTA, Treasurer of Woodbury. Who knows if that’s real or not? LW, Inc of Fort Lee. Here’s a good one. Ready? You Are Infringing On My Constitutional Rights from Springfield. CGC Cafe in Metuchen. Artigiano in Pine Brook. Cenzino Ristorante in Oakland, New Jersey. Turdo Vineyards and Winery in Cape May.
Evan Nappen 27:10
So, we’re going to talk about the names on this list. Some are legitimate businesses that you may not ever want to give your business to because they are joining in gun rights oppression. Frankly, I don’t like to support those businesses. But then there is a slew of activists who decided to request these stickers and use hilarious names for their requesters. So, let’s take a look at who requested the obvious legitimate ones that you need to take note of, and the obvious hilarious ones, of which are even more than the legitimate ones.
Evan Nappen 28:01
Now, let me just say this. Some of these places that serve alcohol, which is currently a sensitive place, may have gotten these stickers only because the law already prohibits it until we overturn that. They may just be doing it because they don’t want customers to inadvertently be in a sensitive place. So, there may be a benefit of the doubt, maybe, to some of the bars and restaurants that are putting up the stickers because they serve alcohol and are sensitive places. Other places that requested the sticker are already sensitive places. So, you may want to inquire at these places why they got it and what their intention was.
Evan Nappen 29:29
Beacon 70 in Bricktown. Maypoint Hospitality in Cape May. By the way, this entire list will be listed and linked on the Gun Lawyer website. You can see it there for yourself. Butte County District Attorney’s office in California requested the New Jersey sticker. Okay, nice. DW Vineyards in Ringos. Adelaide Cellars in California. The Paper Mill Playhouse in Millburn. M Group in Alachula, Florida. The Sentinel of Gloucester County in Malaga. Trenton Thunder in Trenton. This is a good one. Ready? Ban 2A Meow, Ban 2A M in Kansas. Coyle & Morris LLP in Morris Plains. Heffs in Franklin Lakes. Bozos in Phoenix, Arizona. Uncle D’s Damn Fine Donuts in Arizona. Underwood Management Solutions in Gilbert, Arizona. Zed’s Beer-Bado Brewing in Marlton. Station House LLC in Manasquan. Dismal Harmony Distilling in Morristown. MGG in Michigan. The U.S. Army in Columbus, Georgia.
Evan Nappen 31:11
VaporCore in Denver. Here’s a good one coming up here, folks. I love this one. Ready? Seal Clubbing International from Clayton, North Carolina. Okay? Seal Clubbing International. Reflections Holistic Books & Novelties in Acworth, George. Leftwich Way? Leftwich Way. That’s pretty good. In Columbia, Maryland. Delilah Glass in California. Sticker Palace in North Augusta, South Carolina. They asked for a bunch of them at different times. Maybe they sell the stickers. I don’t know. Vandelay Industries in
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California. These aren’t even in New Jersey. Guns-R-Us in Alabama, wanted it. A Restaurant. It doesn’t say where in Vineland. Paper St. Soap Company in Arizona. Moms Demand Action in California. Borough of Woodland Park in Woodland Park. A1 Carpentry in Randolph. Bottone in Toms River. Jimmy Bomb in Haddon Township. Second Amendment Does Not Support Gun Restrictions in Sayreville. Good for them. Westin Mount Laurel in Mount Laurel. CLR MFR in Hackensack. Carlough Manufacturing in Upper Saddle River. Dominico Winery in Neptune City. Coop Corp in Hamilton. We The People in Wallington. A in Port Norris. Booterbeer Brewing Company in New Jersey. Mothers for safe funs in Kendall. Waste of money in Kendall. RR Real Estate in Bridgewater. RelianTax Advisory in Hazlet. Beach Haus Brewery in Belmar. Ventnor Coffee in Ventnor.
Evan Nappen 33:20
Flemington Jewish Community Center. That’s just great. Make sure you make that a “no gun zone”. It will surely stop any terrorist from wanting to attack the Jewish Community Center. Their signs just work like magic. Great idea. Flavors Soul Food Restaurant in Newark. Millers Ale House in Ocean. Flemington JCC, another great move there to put that sign up there in Flemington. BeConnected in Bayville. A whole bunch of Your Mom Incorporated from Michigan. Knoll Country Club in Boonton. Something called Home in Hackettstown. OT Imports in South Carolina. Fucking Your Mom LLC, San Diego, California. Gotta love it. We the People in Highland Lakes. CWC in Long Valley. Sticker Palace, again. Eurabizc Feriel LLC in Philly. TyrannicalGovernment Officials for Prison from Belmar, New Jersey. Township of West Orange. King Pin Bar & Restaurant in Egg Harbor Township. Pops Farmstand in Chesterfield, Mass. Psych Detective Agency in Framingham, Mass. Gun Free Zone, Franklin, Tennessee. Club Krafty Tutoring Services, Philadelphia. Bar Restaurant / 45th pub in Edgewater Park, New Jersey. Ohioans for Gun Sense, of course, Ohio. NRA in Portland, Texas. GMMI in Battle Ground, Washington. Uncle Joe’s Crackhouse, Bluffton, South Carolina. Gotta love those boys. Uncle Joe’s Crackhouse. Yep, I guess that’s what they’re calling that they’re in DC these days.
Evan Nappen 35:32
The Seed Shop, Dale, Indiana. Herrera Gun Store, Bluffton, South Carolina. Springfield Nuclear Power Plant, Goose Creek, South Carolina. WashU, Concord, Mass. Dilligaf. Now you know what D, I, L, L, I, G, A, F, stands for? Of course, that’s a great one. Dilligaf from Oregon. Ephemeral, Inc, Berlin, California. East Coast Rebel Militia in Delaware. Taco John’s in Texas. Chez Moi in Woodstock, Georgia. Pete’s Auto Repair in Ferndale, Washington. Ventura GLAD in Thousand Oaks, California. Jersey Girl Brewing in Hackettstown. Camden Thomas in Waverly, Iowa. The FBI in Newark, two requests there. LLC, llc, Sterling, Virginia. Flambeau Inc in Wisconsin. J&R Supply in Hudson, Florida. Aft in Trenton, New Jersey. Cycles and more from Tennessee. Cyber Security from Freedom, Indiana. Windridge and FGC both of them from Texas. Wade Enterprises from Florida. Working on a name from California, about seven or eight of them. Sofa King from California. Sofa King. I get it. Bill Bob’s Candle Shop, Opelika, Alabama. FURIGHTS, Washington, District of Columbia. Loras College, Iowa. NRA in Dayton, Ohio. Camilla’s Pet Disposal in Cherry Hill, New Jersey. Right’s Coffee & Tea, Cherry Hill, New Jersey. AFT, Phoenix, Arizona. Jip llc, Springfield, Virginia. Jager Inc, Gurley, Alabama. Construction Subcontractor, Lacy, Washington. Can you believe how many are just out-of-staters? Must like grabbing stickers. I love it.
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Evan Nappen 38:10
Huddy’s Inn, Colts Neck. Res Natura, Newark, New Jersey. Your Mom Incorporated, about 1,2,3,4,5,6, a whole bunch of them. Oh, here’s about eight of these. Ready? Dick Handlers, and that’s from Tyler, Texas. Dick Handlers requested a whole bunch of stickers. So did Peeon2nd, Pee on the second, and that’s from Tyler, Texas. And then Dick Handlers, again, about a dozen of them from Tyler. Tyler must have done now, no 20 of them there. Congratulations to Tyler with Dick Handlers and Peeon2nd for getting a whole bunch of free stickers from Jersey. TownSquare Diner, Wharton, New Jersey. Rusty Rail Brewing, Mifflinburg, PA. Beachside Condos, Hampton, New Hampshire. ATF, Washington, New Jeersey. No, Washington, DC. Sorry, that’s an easy one to mix up. Anti-gun store, Oregon. Walmart, Newcastle, Pennsylvania. Tyler’s at it again, folks. Unconstitutional Tyrants, a whole bunch of them. Freedom Squashers, another one from Tyler. Then a whole bunch of Dick Handlers, maybe a dozen, then a whole other UnconstitutionalBS from Tyler. Then a whole bunch more Dick Handlers from Tyler. Oh, he’s taking up an entire page on the spreadsheet, good for Tyler. Then he takes up a whole other page with GobacktoDC, a whole bunch of them and then Unconstitutional Tyrants. Another entire page of them, dozens and dozens from Tyler. He was having a grand old time. Then a whole other page from Tyler of Dick Handlers and Come and Take It, come and take it. And Evil Ryrants and P.O.S. Tyrants. We know what P.O.S. means.
Evan Nappen 40:18
Then the American Legion in Sayreville. Frederick Dempsey Post 266 of the American Legion in Neptune. Southwood Bar & Grill, West Deptford. Squan Tavern, Manasquan. 1911 Smokehouse Group, Trenton. Plymouth Group, Bronx, New York. New Jersey License Beverage Association, Trenton. Gateway Bar & Liquors in Atlantic Highlands. SelfCorp in North Carolina. BATFE in New Jersey. Farmers & Bankers Brewing in Woodstown, New Jersey. Then, here we are. Tyler’s at it again, folks. Remember Ruby Ridge, five of them. Then Leave the US, three of them, and then an uncountable number of Dick Handlers, taking up a whole other page. Now we get to Bogeys Sport Bar in Clifton. Squan Tavern, Manasquan. Millstone Wine and liquor in Franklin Park. James Glynn Inc, Jersey City. Manchester Township in Manchester. West Patterson Liquor, Woodland Park. Plumstead Township of New Egypt. Cherry Hill Brewing in Cherry Hill. Just Street Deli in Vermont. Jimmy Geez north and Jimmy Geez, that’s both. One’s in Oak Ridge, and one’s in Haledon. Cherry Hill Women’s Center. And that’s in Cherry Hill, of course. Wolfe & Kron Books in Asbury Park. I’m glad they like the First Amendment there, but I guess they don’t like the Second Amendment there.
Evan Nappen 42:03
Cabeza de la Vaca, Big Spring, Texas. Neher Data Systems, Tinton Falls. Safe Care Ambulance, Forked River. Middlesex Elks in Middlesex. Forked River Fire Department. Club Eclipse, Newark. First Baptist Church, Morrestown. Yet, as you know, houses of worship are not a sensitive place. Jerzee’s in Asbury. Maize Westfield in Florham Park. McLaughlin Stauffer & Shaklee PC in Wall. Wingcraft LLC in Atlantic City. Bobby Corp, Hamilton/ Cherry’s zlounge in Jersey City. Old Town Pub, Bordentown. Domes Meus, that’s in Ohio. I don’t know what it is. Fox House Brewing in Bordentown. Anglesea Aleworks, Wildwood. Tomasella Winery, Hammonton. Township of Woodbridge, Woodbridge Township. American Legion Post 294, Pemberton. American Legion Department of New Jersey, Waretown. Greenbriar Oceanaire Community, Waretown. American Legion Post 209, Scotch Plains.
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American Legion Post 450, Pequannock. American Legion Post 470 Kenilworth. Mystic Island American Legion Post 493, Little Egg Harbor. American Legion Post 86 in Newton.
Evan Nappen 43:45
Some clubs in Camden and Sicklerville. It just says Clu. ECLC Inc in Newark. Horseshoe Tavern, Morristown. JJ’s bar and Package Goods, Sandyston. Brookdale Community College, Tinton Falls. Cape May Brewery in Rio Grande. Ortley Beach Moose Lodge 399 in Seaside Heights. Vs services in Plainsboro. LK Group in Manville. LisasTipsyCorner in Paterson. Sontort Food Services dba Brunello Trat in Flemington. Tir na nOg in Trenton. Brotherhood of United Firefighters in Camden. BPC Restaurant Management, Garwood. Paulsboro Sportsmen’s Association requested three in Paulsboro, New Jersey, for whatever reason. Harmony Township, Phillipsburg. Blue Sunday Bar & Grill, Linden. Bella Vista Country Club in Marlboro. By the way, the Blue Sunday is in Linden. Mahwah Wine and Liquors, Mahwau. East Hanover Police in East Hanover. Cenzino Restaurant in Oakland Borough, New Jersey. Tankard Pub, Burlington. 412 Lounge & Latin Bar in New Jersey. Blackwood VFW Post 7927, Blackwood. Freddie’s Dugout in Paterson. Patten Point Yacht Club, Long Branch. Township of Irvington. Striped Lion Distilling in Woodbury. Bowling Alley in Egg Harbor Township. Mauricetown Gun Club in Millville. Union Plaza, Haslet. Club Eclipse, Newark. The Asbury Hotel in Asbury Park. Vizzini Corp in Lyndhurst. OT imports in South Carolina. FFGO in Illinois. I hate liberals.com, Stroudsburg, Pennsylvania. Subway, Paramus, New Jersey. US Hazards, Berea, Ohio. Brazos Valley Service Rifle Association in Lyons, Texas. Golden Eagle Program Dallas, Texas.
Evan Nappen 46:20
Hammonton Discount Liquor in Hammonton, New Jersey. Wilshire Caterers in West Orange, New Jersey. Pete & Elda’s Bar in Neptune City. Triangle Liquors in Camden. Camden Arts Yard, Voorhees. Sophie’s II Bar, Camden. Pride of Camden in Camden. Eddie’s 2 Liquor Store. Eddie’s Liquor Store in Collins, with the other one is in Camden. Tom Liquor Store in Camden. Haddon Liquor Store, Pennsauken. Various liquor stores in Camden. Keep in mind that liquor stores are not a sensitive place because it’s not consumed there, unless they have bars there, too. Bars and restaurants with no names throughout Camden and Pennsauken. Liquor stores and nightclubs with no names.
Evan Nappen 47:20
There you have it. The complete list of those who requested “Gun Free Zone” stickers. Many, many, many are from out of state. Many may have been simply done because of opposition research by gun clubs. Of course, without a doubt, our hero is Tyler, Texas. They had a great deal of fun and let their beliefs be known in a way that we can all appreciate. So, I thought you’d enjoy that. Any of the places that you may have recognized there that are legitimately trying to oppress our gun rights, I wouldn’t give my business to them.
Evan Nappen 48:16
Now, of course, we have the famous and most popular segment of the show, which is the GOFU. Today’s GOFU is, don’t put your guns or store your guns in ovens. Yes, I’m not kidding. This is from an article by Tom Knighton. (https://bearingarms.com/tomknighton/2024/09/10/this-is-why-you-shouldnt- store-guns-in-ovens-n1226171) He picked up on this report, and I appreciate his writing as well. And what he said is police in Virginia have issued a warning for people not to store guns or anything else
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inside their ovens after a frightening incident, Chesterfield Police said last week. Firefighters responded to a home after the owner’s oven exploded. An investigation revealed that someone turned on the oven with a handgun inside. The weapon heated up and five rounds went off.
Evan Nappen 49:14
Okay, folks, get a gun safe. Secure it properly. Do not keep your guns in the oven. Do you have to write this one down? I hope not. There are many important things that do work well in an oven, like food and baked goods and other things, but guns, especially loaded, guns, do not belong in there. I don’t want to test how much heat a Glock can take. You just have a melted mess anyway, at least of the polymer parts. Plus, if it’s loaded, the round is contained in the barrels or cylinders, and they will present a danger if they cook off, as opposed to rounds that are loosely thrown in a fire where they’re not contained. Contrary to what you may have seen in the movie, those actually do not pose any substantial danger. The round has to be in a barrel or chamber for the pressure to actually have effect.
Evan Nappen 50:26
You don’t have to take my word for it. You can read about Hatcher’s famous book. In Hatcher’s notebook, the army and military did experiments on that very thing, ammo in fires, and they made these tests and studies and determined that. But if you put your gun in an oven and it’s loaded and the rounds cook off, you’ve got problems. And of course, you’ll be charged, because that would count as an accidental discharge. Then, of course, you’ll face the Gulag. If the gun rights oppressors here have their way, and even if they don’t, you’ll still face serious problems anyway, even if you’re not held without bail until your trial in the DPRNJ.
Evan Nappen 51:15
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 51:24
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 E203_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.
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52 min
September 08, 2024Episode 202-Was This Another Stephen King Killing Spree?
Episode 202- Was This Another Stephen King Killing Spree?
Also Available OnPodcast TranscriptGun Lawyer Episode 202
SUMMARY KEYWORDS
dispensary, new jersey, gun rights, rage, carry, gun, pharmacy, guns, knives, law, firearm, copycat, issued, give, state, pistol, call, lakewood, place, radical ideology
SPEAKERS
Evan Nappen, Speaker 3
Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. So, you’ve probably been seeing in the news the latest what they like to call “school shooting”. It’s always amazing how the timing of these things go. You know, we can speculate all day long about why that is, and I’m not going to do that here. But I do want to point out that you can look at the history of school shootings, and you might be surprised to see where the idea kind of originally took root and became a fixture, if you will, in America. For that, you need to only go to Stephen King. That’s right. Stephen King wrote a novel called Rage, which was written under a pseudonym that he used, Richard Bachman, but it is Stephen King. This book was published in 1977 and then it was put into another book of his collected works in 1985 known as the Bachmann Books. And what that novel described was a school shooting, and this novel has been associated with actual school shootings. It’s pretty much documented. Then from the actual school shootings, where you can document his book Rage, are all the copycats that we’re still experiencing to this day. You can look and see that this epidemic, so-called, at least that’s what the media likes to play it as, goes back to Stephen King and the novel Rage.
Evan Nappen 02:21
In this novel, a high school senior has grievances, whatever, and ends up killing a teacher and all kinds of other things happen, even a hostage situation. So, many times in the school shootings, you also end up seeing the hostage issues take place. All this, you know, can find roots here, so much so that even Wiki, for that matter, admits that the plot of Rage vaguely resembles actual high school shootings and incidents of hostage taking. It’s true that King finally said, quit printing it and took it out of print. He took it out because he realized, I guess, the issues that have come from it. You know, he’s anti-gun. He is a gun rights oppressor, you know, and all that. He’s disavowed it and what have you, butut still, it’s out there. It’s out there.
Evan Nappen 03:38
Here’s a little list of some of its impact, by the way. So, this one guy, Jeffrey Lyne Cox, a senior at San Gabriel High School in California took a semi-automatic rifle to school in April of 1988. Just three years after the Bachmann Book anthology got republished. Cox held a humanities class of 60 students hostage, and it went on and on. A friend of Cox said that he was inspired by the novel Rage. Then, in 1989, Dustin Pierce, a senior at Jackson County High School in McGee, Kentucky, armed himself with
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a shotgun and two handguns. He took a history classroom hostage with a nine hour standoff. And guess what the police found among his possessions in his bedroom? You guessed it. A copy of Rage.
Evan Nappen 04:48
Then on September 11, 1991, Ryan Harris went into a math class (in Stevens High School, Rapid City, South Dakota) with a sawed-off shotgun and ordered the teacher to leave. Harris had been inspired by, guess what? Rage. He ordered pizza and cigarettes, which were delivered, and he wanted a million dollars. He fired a total of 10 shots. Then in 1993, Scott Pennington, a student at East Carter High School in Grayson, Kentucky, took a .38 revolver owned by his father and fatally shot his English teacher. He then shot and killed the school’s custodian and held the class hostage. And guess what? He had written an essay on Rage, and he was upset that the teacher gave him a C grade on his essay on Rage. In 1997, Michael Carneal shot eight fellow students, three of them fatally at a prayer meeting in West Paducah, Kentucky. And guess what he had in his locker? A copy of Rage.
Evan Nappen 05:55
They even talk about another school shooting where they compared it to Rage. Apparently the shooter, Barry Loukaitis, shocked his classmates said that he said, “This sure beats algebra, doesn’t it?” They said that was a line erroneously reported from Rage. They say that no such line appears, except there is a line in Rage that says, “this sure beats panty raids.” Oh, this sure beats algebra versus this sure beats panty raids, which is an actual line from the book Rage. But no, no , no. Rage wasn’t responsible there. No, not at all. I mean, look at this. Then what do you see from this? You see all the media coverage, all the hype. We get copycat after copycat after copycat. And what happens? Oh, well, the antis never miss a chance to do a blood dance to try to take away our gun rights and oppress our gun rights. They immediately call for the non-sequitur of gun rights oppression, which has nothing to do with it. I mean, they may as well when they call for their gun rights oppression, they talk about, oh, we need to stop “gun violence”, right? It’s always “gun violence”, and we need common sense gun safety laws.
Evan Nappen 07:30
Oh, really? Well, would you be in favor of ending book violence, book violence? Maybe we need common sense book safety laws. Do you think that’s good? I mean that’s the First Amendment. I don’t really want to see the First Amendment and those rights oppressed, but they have no problem when it comes to the Second Amendment and trying to blame the object. Yet here we have what is pretty much a documented history of the mayhem caused by King’s writings. Hey, I guess it’s the society we live in. We need to have free flow of ideas, just like we need to have guns. There are people out there that do bad things. But why does it seem so difficult to blame the person all the time? If you want to go around blaming guns, maybe I want to go around blaming books that can be documented to the inspiration for what we see going on.
Evan Nappen 08:41
Hey, here’s a little follow up on why it’s nice to live in America, my friends. Because you see, we have the Second Amendment that protects our rights. Recently, as you may recall, we discussed on one of the recent shows about the Massachusetts Supreme Court finding that switchblades, what we call automatic knives, are protected arms under the Second Amendment and invalidated Massachusetts
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ban on switchblades. Well, that is very good for us, and we’ve made great headway in terms of fighting knife laws.
Evan Nappen 09:24
However, just recently, on August 23, 2024, in Germany, guess what? There was a mass knife stabbing. In this mass knife stabbing, three people were stabbed to death and eight others wounded, ironically, at a festival in Solingen, Germany. Now, what’s ironic about it, if you know knives, Solingen is actually one of the capitals. One of the top, highly regarded places for making fine steel and cutlery. In a report from the Associated Press, they quoted saying, “federal prosecutors said that [the suspect] shared the radical ideology of the Islamic State extremist group — and was acting on those beliefs when he stabbed his victims repeatedly from behind in the head and upper body.” It’s also reported, by the way, that this person, under German law, shouldn’t even have been in the country. Apparently this news source, Deutsche Welle, said, “Authorities had planned to deport this suspected attacker to Bulgaria last year, but this did not take place because the man had not been seen at his refugee accommodation when officials tried to do so.” (https://www.nraila.org/articles/20240903/never-enough- german-government-pushes-knife-control-in-wake-of-terror-attack)
Evan Nappen 10:59
So, here you have this radical ideology and someone who shouldn’t be in the country, but what does Germany’s Social Democratic Party Chancellor, Olaf Scholz, say? He said the Government would be pursuing new knife controls. Of course, we have got to blame the knives. Well, you know, can’t blame guns there. They weren’t used. So, we’ve got to blame knives. It’s obviously the knife’s fault. It’s not this radical ideology and someone who shouldn’t be in the country being there. It’s knives. So, the Chancellor said, we’re now going to tighten up weapons regulations, in particular with the regard to the use of knives. And what are the knife laws that they’re going to do now? What are they doing? Well, according to the Deutsche Welle publication, the Interior Minister, Nancy Faeser, called for the law to be changed so that only blades of six centimeters, which in inches is 2.36 inches, would be allowed to be carried in public, rather than the current 12 centimeters, which is under five inches. An exception would be made for household knives in their original packaging. How nice, how nice. And switchblades would be banned all together. Like that had anything to do with that incident. But there they go. Let’s find some inanimate object to blame, to deflect. That’s Germany doing that.
Evan Nappen 12:50
This is what we have to be vigilant about here in America. Thankfully, the Second Amendment and our knife liberty movement is being successful because the focus at the moment, by the Second Amendment rights oppressors, is on guns. And so, this is a great opportunity, and we’re making tremendous headway. Next, of course, is removal of the FSA, the Federal Switchblade Act so we’d have no national life knife law whatsoever. There’s only a handful of states that even ban automatic knives, very few, and they’re commonly owned, as the Massachusetts Supreme Court noted. A lot of that common ownership is because of the efforts we’ve made in getting rid of knife laws. But remember, what happens there in Europe can happen here. The UK’s pulled this same stunt. You know, we just got to give the people something. So, what do we give them? Since we can’t address the real issues. Oh, a knife ban. Knife ban. How nice. It’s unbelievable.
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Evan Nappen 14:10
We constantly are struggling with these non sequitur type anti-rights oppression, and we’re constantly fighting. One of the best ways to fight it is with knowledge. When it comes to knowledge, especially in the DPRNJ, which is the Democratic People’s Republic of New Jersey, you need to make sure that you belong to the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights advocate group in New Jersey. They’re an umbrella organization of the gun clubs, but there are individual memberships. You need to be a member. It’s very reasonable to join. By being a member, you will get the email updates and a fantastic, the best, printed newsletter on gun rights in New Jersey. You will be helping to fight in the courts as they fight and litigate on the most pressing issues of gun rights oppression in New Jersey. They are the group. Make sure you belong to the Association of New Jersey Rifle & Pistol Clubs. anjrpc.org. Join today and be part of the solution.
Evan Nappen 15:38
The other important thing for knowledge is getting my book, which I will shamelessly promote. It’s called New Jersey Gun Law, and it is the Bible of Jersey gun law. I know that many of my listeners have copies, and they are smart enough to never lend them, because you’ll never get it back if you do. This book is over 500 pages. It’s 120 topics, and it’s all question and answer. It will be your roadmap to understanding New Jersey’s insane matrix of gun rights oppression and traps that are laid for the unsuspecting so that you don’t become the next GOFU. When you get the book, which you can get at my website, EvanNappen.com, when you go there and get the book, make sure you scan the front cover, that QR code, and get in my free subscriber database, which goes nowhere. It stays private. I don’t sell it. I don’t release it. But you will get updates to keep the book current, and you’ll have free, free access to the archives for any past updates and information. The updates themselves are free. You can’t beat it. It’s the indispensable tool for a New Jersey gun owner.
Evan Nappen 16:57
In addition to knowledge and protecting our rights, you need to have a place to shoot. So, let me give you my highest recommendation, which is WeShoot, which is an indoor range in Lakewood, New Jersey. You can go to their website, which is weshootusa.com. They have beautiful photography. You will enjoy their website, and you will see they offer everything you need. They are a state of the art place to shoot, which is a great resource. They’re conveniently located in Lakewood, New Jersey, right off the Parkway. They offer courses and training. It’s where I got my CCARE certificate to get my carry. It’s where my son got his, my brother got his, and on and on. You can get yours there, too. They have a great shop. They sell all the accouterments and equipment that you would want to enjoy the world of shooting and be able to defend yourself and your loved ones. Check out WeShoot at weshootusa.com. The premier range is right in Central Jersey in Lakewood.
Evan Nappen 18:24
So, I was thinking about a little idea that I had, and I want to put it out the first time on Gun Lawyer. We are coming up to the election, and as if I need to say this, but I’m going to say it, you better be registered to vote and make sure you vote. Our future more than ever, and not just on guns, folks, but on every other aspect of our life, our country, our sovereignty, our wealth, our liberties. Everything is at stake in this election, and you need to vote. And to vote, you need to be registered. I believe you have until October 15 to register in New Jersey. (https://nj.gov/state/elections/voter-registration.shtml) So,
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time is time is a ticking. If you’re not registered to vote, make sure you register, and then make your vote. Now, You know, President Trump actually has a shot at winning New Jersey. If those that love liberty come out and vote, he will win New Jersey. Make sure you’re registered.
Evan Nappen 19:39
Now, one of the things that struck me is that we have this law that was put in, a Federal law, known as the National Voter Registration Act of 1993. (https://www.justice.gov/crt/national-voter-registration-act- 1993-nvra) It was signed by good old Bill Clinton. It’s also known as the motor voter act or the motor voter law. The NVRA or motor voter law attempts to simplify voter registration by having folks who apply for or renew a driver’s license or if they apply for public assistance, register to vote. So, people getting public assistance, people getting driver’s license, to be registered to vote. The law requires states to register applicants and to use a Federal voter registration form and then prohibits states from removing registered voters unless the voter rolls contain certain criteria. So, here we have this motor voter act that, in effect, is a voter registration drive. Literally, drive through voter registration via driver’s licenses and public assistance.
Evan Nappen 21:10
Well, I have a law that I’m proposing.. Now, I’m not a legislator, but I hope a legislator picks up on this. As the current law is called the “Motor Voter Act”, ours should be called the “Reloader Voter Act”. Under the “Reloader Voter Act”, when you apply for a firearm permit or license, you are registered to vote in the same way as when you apply for a driver’s license. Imagine that. When you go to purchase a firearm, there’s that federal gun form that you have got to go through. Well, guess what? We’re also going to do voter registration of everybody who buys a gun or gets a license for a gun. Now that is something that I think Republicans could get behind – the Reloader Voter Act. I haven’t got the details. I don’t write legislation. I think this is an idea worth considering, and I bet you do, too.
Evan Nappen 22:27
So, we get my favorite thing, which is the Ask Evan letters. I’ve got some really good letters. And of course, we’re not going to forget the GOFU. This is from Kenneth. Kenneth writes, regarding dispensary. You made a comment on a recent podcast that a pharmacy was a sensitive area based on the fact that the Carry Killer Law includes “dispensary” in the definition. The term “pharmacy” is nowhere to be found in 4769. In addition, NJAC 13:39, which regulates pharmacists, pharmacies and the dispensing of prescription drugs, never uses the term “dispensary”. The only law or regulation utilizing the term is in relation to cannabis. My final argument that carry would not be banned is that a “health care facility” is defined in 44:5-2a. as a facility for “diagnosis or treatment of human disease, pain, injury, deformity or physical condition”. A pharmacy does not diagnose or treat per those relevant definitions. Based on all this, I’m curious how you came to your conclusion. I hope you address it in an upcoming podcast.
Evan Nappen 24:00
Kenneth, I’m happy to address it, and I’m glad that you raise it. I’m glad that you’re thinking about these things. It is very good and appreciated. So, where is this coming from? And why would I say this? I’ll tell you why. Because we have to go to the Carry Killer bill, and that is what we just mentioned as a bill number, but it’s been passed. So, it actually has a law number, a statutory citation, and it’s under N.J.S.
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2C:58-4.6.58:4.6. In that statute, we find the “sensitive places”, the laundry list of places that the Government in New Jersey enacted in their hissy fit after the passage of Bruen to try to make carry permits that have to be issued useless. And, of course, this is one of the key areas that the state Association, ANJRPC, is fighting. They have made great progress in that fight, and it’s ongoing.
Evan Nappen 25:06
So, where does the “no pharmacy” idea come from? Well, you will find that under Number 21. Now let me read you the sensitive place under 21. It includes all the following: a “health care facility, including but not limited to a general hospital, special hospital, psychiatric hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home. I can’t believe they put both. I guess that’s the unskilled nursing home or something, but whatever. Intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, assisted living center, home health care agency, residential treatment facility, residential health care facility, medical office or ambulatory care facility.”
Evan Nappen 26:06
So, there in the healthcare facility is this incredible list of everything they could possibly come up with to jam it to us. And there’s that word “dispensary”. Now it is true that the gun law, that gun law, does not define dispensary. That’s absolutely true. It doesn’t say it. It’s also true that they didn’t use the word “pharmacy” there. They use the word “dispensary”. So, Kenneth raises a question about it. Since they didn’t use “pharmacy”, since the definition isn’t really anywhere even in the Administrative Code which regulates pharmacy, and since we only see this reference to “dispensary” found in legalized marijuana, why would this apply at all to the pharmacy part of CVS, let’s say, or Rite Aid? I’ll tell you why. The reason is because the word “dispensary” is not defined very clearly. And because there’s no statutory definition of what the boundaries are or are not for “dispensary”, I want every one of my listeners to be safe and not become the test case.
Evan Nappen 27:49
Unless you want to be the test case. You know, call me after you get charged with the felony level offense and your entire future and gun rights and freedom and liberty are at stake. Absolutely, I’ll be happy to defend you. As a matter of fact, some of the things here that that Kenneth raises, I would happily argue in defending you, but I’ll tell you what the state’s going to do. This is where you have to know what the state’s going to do. The state’s going to say, well, Your Honor, dispensary is undefined. It’s not defined. So, we’ve got to go with what the plain meaning is and what the legislative intent was behind it. They will go to dictionaries, my friend. They will go to dictionaries. What is a dispensary? Since the court is going to have to determine what it means, what does that mean to a citizen? And what would that understanding be, since it isn’t statutorily addressed with specificity?
Evan Nappen 28:58
Well, if we go to Merriam Webster Dictionary, you’ll see that a dispensary is a noun, and it’s “a place where medicine or medical or dental treatment is dispensed.” Ah, medicine is dispensed. Then, if we go to the Cambridge dictionary, it says that a dispensary is “a place where medicines are prepared and given out, often in a hospital.” Gee, does the pharmacy at CVS or Rite Aid prepare and give out medicine there? Under Merriam Webster’s, is that a place where medicine might be dispensed? Let’s
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not stop there. Let’s go to dictionary.com and how does dictionary.com define dispensary? “A place where something is dispensed, especially medicines.” Well, gee, three different dictionaries seem to all say that what you and I would regard as the pharmacy part of CVS and Rite Aid in your local drugstore meets the definition commonly understood as to what a “dispensary” is. So, that Kenneth, my friend, is why you must not get jammed up on a sensitive place violation by pushing that issue, unless you want to, but I don’t think you do. I can tell you what we’re going to be hit with. I just read it and that’s where the fight will fall. So, be careful. Be very careful.
Evan Nappen 30:58
Now I have a question from Rob. Rob says, regarding a PTC question. Hi, Evan. Please settle a debate amongst my friends. We all have our PTC and our question is about giving law enforcement a list of firearms we intend to carry. Were we supposed to turn in an S.P. 182a.? Three of us were not asked for it and were issued our PTC. One was required to submit it. He was also the last one to get his PTC. We all went through the NJ State Police. Thanks for your input. You have a great show. P.S., what kind of cigars do you like as we’re all smokers, too.
Evan Nappen 31:41
Oh, I’d love to deal with that cigar question, but I’ll save that. Let’s talk about the list. So, when you apply for your carry, they ask on the application itself for what gun you want to carry. Now, the training of CCARE that we got through, when we got it all changed. We with the association right fighting for this, tests core competency, and it’s not gun specific. But in the old days, prior to the change, prior to Bruen, prior to the Carry Killer law, the training was gun specific, and the judges went, you know, wild on that and mandated specific guns, and only this gun. All that’s gone. So, as long as you can demonstrate, and have demonstrated with CCARE that you have core competency, then the guns you can carry are simply those that you either have put on the actual carry permit application that you filled out, or if you wish to add guns, even after your carry permit has been issued, you can do the S.P.182a. and simply submit the form. There’s no approval of guns. It’s just giving the State notice of the guns that you may wish to carry.
Evan Nappen 33:10
Now, the only downside is it does create kind of a de facto registration of your guns, because you’re submitting a list with serial numbers of guns. But if your guns are already Jersey papered with a pistol purchase form, handgun purchase form, etc, then they’re already “registered”. So, it doesn’t really matter. You’re just putting them on the list of the guns you want to carry, and your training does not go to that. Now, I’ve actually heard recently that somebody submitted a list, believe it or not, of a number of guns, and they put on the list a .22 long rifle firing pistol or handgun. I don’t know the specific model for a gun they may wish to carry, and the issuing authority, my understanding, is the issuing authority said you cannot use a .22 for self-defense. Well, folks, that is absolute, well, I think the legal term is Bullshit. In New Jersey, an air pistol is a handgun and a firearm. If you want to carry a BB pistol for self- defense, you can do it. No less a .22. A .22 can be a fine gun. No problem for self-defense.
Evan Nappen 34:38
Now look, I understand. Most folks would advise you nothing smaller than a .38, whether it’s a .380 or .38 cal., and I know all that. But here’s the point. A hit with a .22 is better than a miss with a .44
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Magnum. If the .22 is what you shoot accurately and competently, if you can defend yourself with it and put more than one shot where you need to put it, you’re good to go. There is no prohibitor on your caliber of choice. Since you can carry two guns in New Jersey, many folks might want to carry a small .22 as a backup, even though it’s not their primary handgun. All that’s fine, if that’s what you wish to do. So, the list is your list. You put on there the guns you want to carry. But that’s it. It’s not a requirement, unless there are guns you wish to carry that were not put on your initial or renewal of your carry permit application itself. And that’s how it works. Now, if some local town is misunderstanding that and requiring the S.P.182a., well, that’s really not correct. But even if they do, you have to pick your battles, of course. So, if they want to list on that too, and you’re getting your carry permit, oh, well, who cares, really? I mean, okay, if you want to make a point about it, fine. The real problem is if they want to examine your guns that you’re putting on it and then denying you your choice of a firearm. That’s different. Because you have a right to carry whatever. If you want to carry a Smith and Wesson 500 magnum or if you want to carry a Daisy BB pistol, it’s your choice. That’s where the freedom is on that.
Evan Nappen 36:35
So, our favorite little segment here. What is the GOFU? That’s the Gun Owner Fuck Up, and that is where you get to learn about an expensive lesson for free. So, you get it on the cheap. Today’s GOFU is really a wraparound to the first story about that school shooting. You know, the Stephen King copycat-inspired killing sprees. Maybe they should call it that instead of school shootings. Maybe it would get more to the history. At least the history of it could be revealed every time these things happen. But, hey, the GOFU though is what has happened now. Not just the atrocity of the crime committed by this 14 year old. Notice that I don’t call it a tragedy. It’s not a tragedy. It’s an atrocity. It’s a crime that was committed by a 14 year old. But what happened now, the father of the 14 year old has now been charged with Murder and a host of other felony charges because he gave the firearm, the modern sporting rifle, to his son as a gift. They’re bringing criminal charges, including four counts of Involuntary Manslaughter and two counts of Second Degree Murder and eight counts of Cruelty to Children. The father is getting jammed up, too.
Evan Nappen 38:21
Now this GOFU is a GOFU because, especially if you’re in New Jersey, New Jersey has a narrow exemption when it comes to allowing minors, or even your children, to access firearms. They can access firearms as long as they are under your direct supervision, folks, direct supervision. You cannot and should not even give your kid a BB gun, because that’s a firearm in New Jersey. If you give your child any gun, your son or daughter any gun, it is a crime. You cannot give them that gun. Okay? They can use the gun under your direct supervision, but not possess it in their room, hang it on their wall, or use it whenever they feel like it. No less, any other firearm, okay?
Evan Nappen 39:24
If you as a parent don’t understand that and you allow access to any gun that is not within that exemption in New Jersey, I can well see if that son or daughter causes a problem of any sort, it doesn’t have to be, you know, a Stephen King type killing spree, copycat deal, but anything, you can be brought in over those acts. This is now trending, because they did it for and they went after the parents on that other shooting. Going after the parents is the new approach. So, as parents, particularly in New
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Jersey, that potential liability is really there, be careful. Do not allow access to your firearms by minors unless they’re under your direct supervision at all times.
Evan Nappen 40:32
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 40:40
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 E202_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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41 min
September 01, 2024Episode 201-Pigs With Wings Spotted In Massachusetts
Episode 201-Pigs With Wings Spotted In Massachusetts
Also Available OnPodcast TranscriptGun Lawyer Episode 201
SUMMARY KEYWORDS
knives, massachusetts, knife, law, neumann, new jersey, gun, court, carry, switchblade, pocket knife, great, second amendment rights, rights, compensator, state, citing, establishment, guns, ban
SPEAKERS
Evan Nappen, Speaker 3
Evan Nappen 00:17
I’m Evan Nappen, and welcome Gun Lawyer. So, very recently, I received reports of pigs with wings in Massachusetts. Now, why is that? Well, that is because the Massachusetts Supreme Court struck down the switchblade knife ban in Massachusetts, what we like to call taxachusetts, as unconstitutional under the Second Amendment. This is just great news. First of all, it’s Massachusetts. I mean that alone doing that. Second, it is really showing the power of the trifecta, of course, Heller, McDonald, and Bruen and its impact. (District of Columbia v. Heller, 554 U.S. 570 (2008)) (McDonald v. Chicago, 561 U.S. 742 (2010)) (New York State Rifle & Pistol Ass’n. v. Bruen, 142 S.Ct. 2III (2022)) It lays the groundwork, of course, in Massachusetts for even further liberty to be restored. It’s really exciting to see this happen. I want to go into a little bit of depth about it, because it also applies in being instructive to other jurisdictions, and I think it demonstrates why bringing the case in New Jersey to get rid of New Jersey’s switchblade ban would be an excellent thing to do. It is something where, if we can get, we being the pro-rights folks, can get a unanimous Supreme Court decision in Massachusetts to legalize switchblades, I think that says a lot of things can change that have been burdening our Second Amendment rights for a long time.
Evan Nappen 02:34
Remember, the Second Amendment is not the right to keep and bear guns. It’s the right to keep and bear arms, and knives are arms. The test of the constitutionality for a law that deals with a prohibition on arms has been pronounced under the Bruen decision, and its impact is precisely what we’re seeing here. So, the name of the case is Canjura. (Commonwealth of Massachusetts vs. David E. Canjura, SJC-13432) What really makes it great as a challenge here in this Massachusetts case is this was an actual guy, David Canjura, who was arrested and charged with switchblade possession in 2020. Okay, so this is what we call an actual case in controversy. This is an actual criminal defendant. This isn’t a civil action where you bring a declaratory judgment, and you ask the court to rule on constitutionality. This is a guy who was busted in Boston for possessing a switchblade and charged under that Massachusetts law, who said, hey, you’re violating my Second Amendment rights with this charge.
Evan Nappen 04:09
He was, believe it or not, represented by the Public Defender, and they did a really good job. It was the Committee for Public Counsel Services, Public Defender Division, which were his attorneys. Now he
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was joined in the challenge in Massachusetts by other interested parties, of course, that filed briefs including Knife Rights, but I want to give credit to the Public Defender for utilizing the Second Amendment rights and using it to fight this type of criminal charge. We need all the Public Defenders to use the Second Amendment in defense of weapons charges. You can see what the results will be. In this case, the fellow here had this knife. Apparently, the knife he had was an orange firearm-shaped knife with a spring-assisted blade. It must have been some interesting, imported knife, most likely, that was a switchblade, but we would call it an automatic knife that happened to be in this shape. The shape of a gun didn’t mean a thing. It’s a switchblade knife which was banned in Mass. and no longer is.
Evan Nappen 05:55
So, it was a 24-page decision, and it goes through the Bruen history. Now Bruen, when you challenge it, you have to show what is called text, history and tradition. The Government has the burden of proving that these types of laws prohibiting knives, in this case switchblades, basically existed at the time of the Second Amendment. They have to demonstrate it, and the burden is on them to demonstrate it. The other thing that has to be shown is whether the weapon is not what they’re calling dangerous and unusual. So, something that must be in common use. The Court has to get those issues wrestled with in order to test the constitutionality and that’s what the Court did. What makes it really interesting, particularly, is in the opinion the Court does, and this is how it has to work by the way, explore the history of switchblades and were they even considered arms? Are they arms? Were switchblades even coming under the definition of arms in the right to keep and bear arms?
Evan Nappen 07:25
So, in the decision, one of the things that the court cites, and I’ll read you exactly word for word what it says in the opinion. It says the first known folding knives have been found in Roman sites dating back to the first century. Then it says, “See G. Neumann, Swords and Blades of the American Revolution (1973)”. Now let me tell you right here. George Neumann was a personal friend of mine, and I miss George Neumann. He was a wealth of knowledge. He was the expert in the United States on not just swords and blades of the American Revolution, but all weapons and accouterments. Really all the items of the American Revolution and Revolutionary War, soldiers and such. He was a member of the Forks of the Delaware Arms Collectors, and he was there for years and years. I’ve known him since I was 17, basically, going to that show. George actually helped me with various things, personally. Rev War items. He helped identify a Revolutionary War musket that I have. George was just a great guy, and he was so influential. His book was utilized, and is being utilized here, in demonstrating the history to regain our Second Amendment liberties that have been stolen from us. So, his impact was not only to what he and I and others love, the history of weapons and the collecting of the various weapons, but also his impact was even to the law. He is even cited in the Heller decision as well on his works as to what were the weapons of the American Revolution.
Evan Nappen 09:37
The Court of Massachusetts cites the Heller decision, citing George Neumann, and they say further, “Knives and daggers were personal necessities to the early American.” Then the Court even goes on. “Of the many varieties of knives, none has been a more constant and enduring companion to man than the pocketknife.” They’re citing Delgado here. (State of Oregon v. Delgado, 298 OR. 395 (1984)). Now, Delgado was the Oregon Supreme Court case back in 1984, folks, on switchblades. In 1984, well
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before Heller was even a dream in somebody’s head. The Oregon Supreme Court in effect legalized switchblades in a beautifully written Second Amendment decision by the Oregon Supreme Court. And that’s why you saw the beginnings of the American modern automatic knife manufacturing taking place in Oregon, like Benchmade and others, because the knife law there was constitutionally protected and identified. Here, Delgado is being relied upon by the Massachusetts Supreme Court.
Evan Nappen 10:58
As it was, as well, with Neumann in another case called Kessler (State of Oregon vs. Randy Kessler) that came out of Oregon by the Heller court, which was, of course, the landmark decision in the U.S. Supreme Court on our Second Amendment rights by the late great Justice Scalia. The Massachusetts Court goes further quoting, and this is all intertwined with Neumann and Delgado. “As America developed and its frontiers moved inland, the custom of wearing belt knives waned in coastal areas. The result was a great increase in folding knives to the point where they became almost universal accessories.” Citing Neumann. “Contemporary sources referred to this category of knives by a variety of names, including ‘pocketknives,’ ‘jackknives,’ ‘clasp knives,’ ‘spring knives,’ and ‘folding knives.'” Again, citing Neumann. “During the time of the Revolutionary War, folding knives were so popular that ‘[o]rders from New York, New Hampshire, and Massachusetts actually listed them as required accessories.” Again, citing George Neumann. “Long- bladed folding jackknives were commonly used for fighting, although some were also used for farm work. Smaller pocketknives were very popular for hunting, fighting and as tools (depicting “Three different small knives that were commonly used between 1750 and 1850). In addition to the pocketknife and jackknife, folding daggers also became more common in the nineteenth century and were particularly popular in the United States.”
Evan Nappen 12:54
So, here we see the Court recognizing in detail the historical significance of knives. Even to think that the Court is finally honestly looking at our American history when it comes to our proud tradition with knives, is extremely encouraging, and here you see its impact. The Court makes it clear that switchblades are arms, why they are arms, and why they fall under this. Again, they talk about, for example, Neumann depicting an English pocketknife, circa 1750 to 1840, featuring a steel base spring that helps to lock the blade in an open position. Then they talk about depicting a pocketknife with an outside steel spring mechanism, and it’s held by a bottom pin. Then a French-Spanish pocketknife with a spring opening mechanism, what we would call a switchblade today. All these things go back to the history, and that history is what secures our rights in these challenges. So, history is incredibly important when it comes to our Second Amendment rights. That’s why history, text and tradition is the test, and that’s what the courts must consider. And here the Massachusetts Supreme Court did exactly that.
Evan Nappen 14:28
Now, additionally, the Court had to find that these were not only arms and bearable arms, but also that they were in common use. Common use is yet another demonstration that the Court must, in effect, be provided with and then make a determination. The Court on seeing this, saw that, of course, it is tremendously in common use. I want to tell you that one of the reasons that it is in common use has to do with the modern knife liberty movement. I’m proud to say that the modern knife liberty movement started essentially in 2010. I’m going to tell you right now, and I’m not just trying to toot my own horn
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here, folks, but I’m proud of it. I helped spearhead the knife liberty movement in 2010, working closely with Knife Rights, and we were able to get New Hampshire’s ban on switchblade, dagger, Dirk and stilettos repealed in 2010. That was the first modern repeal of a knife law in America in 2010. The story is a fascinating story about how we succeeded in doing that, and you can read that whole story online for free if you go to the website, knifelawonline.com, knifelawonline.com. You can read the history of New Hampshire’s knife rights movement, and you’ll find the article that I wrote in 2013. I got permission from Blade Magazine, the company to reprint it. You can read the article that explained how we were able to convince the legislature in New Hampshire, which by the way, was all Democrat. A Democrat House, Democrat Senate, and Democrat Governor. When we repealed the ban on switchblades, dagger, Dirk and stiletto in New Hampshire, there was not a single vote against it.
Evan Nappen 17:10
That miracle in New Hampshire was then capitalized on brilliantly by Knife Rights and their success has been astounding. Knife Rights has put forward 49 bills repealing knife bans in 31 states. Because of all the repeals that have taken place since 2010, there are only a small handful of states that even ban switchblades anymore. I think the number is something like six or eight states. That’s it. The majority of the country now no longer has a switchblade knife ban, and you can add Massachusetts to that list. These knives are in common use now throughout America because of the knife liberty movement, and it is a factor, very important factor, in seeing the laws overturned. As we speak now, Knife Rights is fighting a federal court action to finally get rid of the Federal Switchblade Act, which restricts a certain degree in the interstate commerce in these. You know, it was passed in the ’50s. It’s archaic, and it needs to go. Why should we have this national law when so few states even have any prohibitions whatsoever? They’re falling like timber over the Second Amendment challenges. So, it’s very exciting, and it’s just great to see, especially in a state like Massachusetts, where the law against possession and carry of automatic knives has been found unconstitutional.
Evan Nappen 19:23
Now, if you ask yourself, what about New Jersey? Well, New Jersey’s knife laws are still ripe for challenge. If you want to understand New Jersey knife laws, I extensively explain them in my book. So, I will now shamelessly plug my book, which is New Jersey Gun Law. You can get your copy at EvanNappen.com. It’s over 50 pages with 120 topics, all Question and Answer explained, and that includes knife laws in Jersey. What knives can you carry? What is the law on knives? Are there blade length restrictions, etc. I tell you all about it and what you need to know. By understanding our current law, you also understand better when the challenge is made, and we will see it, I’m sure. We are daily seeing challenges throughout America to these infringements that have been on our rights for so long. If you get a copy of my book, and I hope you all have a copy, make sure you scan the front cover, the QR code. Get to my private subscriber base, and you’ll be able to access the archives for all the updates. I’ll be sending you email alerts of any new developments in law. So, get your copy of New Jersey Gun Law today at EvanNappen.com.
Evan Nappen 20:51
I also want to mention, of course, our good friends at WeShoot. WeShoot is an indoor range in Lakewood, very convenient, right off the Parkway. They are a great resource, a great place to shoot, and that is where I personally got my CCARE certification. So did my brother, my son and so many
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others. Everybody loves WeShoot for a good reason. It is a just a great range with great people. They will treat you like family. Anything you need in terms of your training, in terms of equipment, they have it. They are first rate, first rate. Check out WeShoot. You can go to their website at weshootusa.com. They have really excellent photography. I mean, they really do. They pride themselves on that. Check out their website. Go down to WeShoot, mention my name and watch what happens. No joke, man. My name has like some currency down there, I guess. But you’ll see. So, WeShoot is the range for you in Lakewood, New Jersey.
Evan Nappen 22:11
Of course, I want to mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. You see they are our state gun rights, premier gun rights, protector. They are currently in the courts fighting the Carry Killer bill, the so-called assault firearm law, and the large capacitor magazine law. The battle is ongoing, as we speak, and they are making great progress. I’m confident we’ll see them take other steps, hopefully, toward getting rid of New Jersey’s knife laws. The Association is dynamic. They’re there in Trenton. They’re in the fight. They’re also in the legislature with a full time paid lobbyist, keeping an eye on those scoundrels down there, letting us know about the shenanigans, so that you can be informed, and you can let your voice be heard. You’ll get a great newsletter and email alerts when you’re a member of the Association of New Jersey Rifle & Pistol Clubs. Just go to anjrpc.org and join today. Be part of the solution.
Evan Nappen 23:25
So, I’ve gotten some great questions. I love the questions from listeners, and I want to share with you these questions today. This is from David, and it says, regarding no gun signs. Hello, Evan. First, I’d like to thank you for your many years of advocacy and hard work to preserve our 2A rights. I’m a proud owner of your book, and I try to attend your live seminars when possible. Well, thanks, Dave. My question is this. I have a friend who owns a liquor establishment in New Jersey. As a concealed carry licensee in New Jersey, I’m well aware of prohibition of carry in these establishments. My friend took it upon himself to post a NO GUNS SIGN in his establishment. Is he obligated to do this? He’s not a fan of guns, so I took this as an anti 2A stance. He’s already received negative feedback from gun owners. If he is indeed obligated by law to post this, then perhaps I’m being too sensitive. If he’s not obligated to do this, may I add his establishment to a long list of establishments I don’t patronize. Thank you for much for your advice.
Evan Nappen 24:34
Okay, here’s the deal. He’s not obligated to do this. He’s not obligated at all. Now, of course, the gun rights oppressors in the New Jersey Government want people to put up those signs, but it’s not required by law at all. Now, when you say he has a liquor establishment, let’s be clear. If liquor is not consumed there, if it is simply a liquor store, then you’re allowed to carry in a liquor store that is open to the public. You’re allowed to do that. Now, if it is a bar or restaurant serving alcohol, then you cannot. I don’t know what type of establishment he has. But even if it is a sensitive place where alcohol is consumed and sold for consumption, etc, there’s no need for him to put up a sign that you’re not allowed to carry there. It’s currently a sensitive place which is being fought, by the way, by the Association in Federal court as we speak. But no sign is required. So, that sign, regardless of whether it’s a prohibited place or not, is voluntary on his part, and all he’s doing is discouraging customers.
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Because if you are a law-abiding gun carrier, then you know, if it’s an establishment involving liquor that is a sensitive place, you know not to go in there with your gun. You don’t need a freaking sign. All the sign says is, express a gun rights oppression attitude, and that’s something that is not helpful. So, maybe in a nice way, you want to tell him. Hey, look, unless you think a sign is actually going to make you safer, which is laughable, it actually makes you more dangerous, because they know, hey, there’s no guns. That’s a good place to hit. Don’t have to worry about any problems from people defending themselves. It’s a victim zone. It’s a nice victim zone, right? So, maybe he needs to understand that concept. But there’s no sign, no signs. So, Dave, I hope you can get that situation resolved, but that’s the status of signs.
Evan Nappen 27:09
This one is from John. John says, Evan, I absolutely love your podcast and feel like I know 99% more than anyone else because of it. That’s right, because the person you don’t know more about is me. I’m just kidding. Okay, but thanks, John. I have two questions John asks. I know we have a duty to disclose when being pulled over while being a permit to carry a handgun holder, but if we are stopped by an officer walking down the street, do we have a duty to disclose? The answer is yes. Yes, it’s not just in a motor vehicle, but even stopped in the street. You have a duty to disclose. Then question two, I recently received a renewal of my permit to carry handgun. They are now digital. Do I need to carry a physical permit, or is the digital stored on my phone sufficient? I would tell you that has not been decided by a court, but I would strongly recommend that you have a physical copy. If for no other reason, you can hand the physical copy to the officer instead of giving them your phone. We don’t need your phone in the hands of law enforcement with them scrolling all your love letters and emails and all that kind of stuff, right? So, have a physical copy. Print it up and carry it with you. And that’s really the best idea. If you want to have it on your phone as a backup, I mean, whatever. But I would strongly suggest a physical copy. Thanks, John.
Evan Nappen 28:46
Now this is from Vinnie. Vinnie wants to know if the form for the guns that you’re going to carry, S.P. 182a, is required. (https://nj.gov/njsp/firearms/forms.shtml) Just renewed my PTC, and I no longer have a judge issued permit. Oh, thank god, you no longer have a judge-issued permit. What a mess those were. That permit restricted my carry to guns I qualified with. I’m sorry if you went over this. As a loyal listener, I don’t remember hearing about it. You know what? I don’t mind repeating it. It’s important.
Evan Nappen 29:24
Once the new system got in place and finally, judges were removed from the process. Remember, the judges were the ones taking away our rights, not protecting our rights. They were the ones creating all these restrictions and extra orders on your permit, you know, you can only have it when the moon is full and such. You know, bizarre stuff. So, here’s the deal. That’s gone, and there’s no more gun specific restriction. As long as you passed CCARE which tested your core competency, you can carry any handgun that you’ve listed. So, you can list the guns on that form or when you apply for your PTC, it asks what guns you intend to carry. You can put it there as well. There is no individual certification by gun anymore, the way the judges used to bust our balls over that. No longer. Whatever gun you qualify with, that’s okay. It tested your core competency. You could even pass CCARE with an air pistol,
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because that is technically a handgun and a firearm in New Jersey, and as long as you pass the requirements with an air pistol, you could carry a Smith and Wesson 500 Magnum if you wanted to. It’s not gun specific. It’s core competency. Just list the guns on either the form S.P. 182a or when you do your application. Okay, thanks, Vinnie.
Evan Nappen 31:03
I have a question here from Alex. Alex is big fan of the podcast. Thank you for all you do for the 2A community. Well, you’re welcome. He has a question about AR builds. I was looking to get a Surefire Muzzle Break so that I could eventually put on a Warden Blast Regulator. My concern is whether or not a muzzle break is legal in New Jersey. Even though it can be pinned and welded, it’s still able to accept a threaded on device, like a Warden, or even the Surefire suppressor.
Evan Nappen 31:39
So, Alex, here’s where you’re getting into some uncharted, dangerous territory. You see, the whole deal with the threaded barrel on an AR is that it’s one of the offending features under the 1996 Attorney General Guidelines. So, you can’t have a threaded barrel, and you can’t have a flash suppressor. You can have a muzzle break, but not a threaded barrel. Therefore, if you have what is a bona fide muzzle break and it’s on a threaded barrel but it’s pinned and welded so the threads can no longer be utilized, then you no longer have a threaded barrel, because it’s welded or pinned in such a way it can’t be utilized. And you do not have a flash suppressor. You have a muzzle break or compensator, which is different. So, if you’re going down that road, if you have a muzzle device, you want to get the documentation that your muzzle device is not a flash hider or flash suppressor. Okay?
Evan Nappen 32:53
You’re allowed to have a compensator. You’re allowed to have a break, and you want the documentation, because I’ve had to have those fights defending law-abiding criminals in New Jersey over that insanity. So, protect yourself by making sure you have the documentation that your compensator is a compensator. I’ll tell you right now, folks. The State confuses them. They can’t even tell the difference between a compensator and a silencer. I’ve had them called compensators silencers even when the compensator actually made the gun louder. Believe me, you want to have your documentation. That way I could present it to the prosecutor and make it clear that you were in compliance. They don’t even understand it,, but we can prove to them that it’s not one of those prohibited devices. And so, the threading, unfortunately, is a separate offending feature. So, if you put something on there that makes it part of the barrel, because you welded it, but it still has threading.
Evan Nappen 34:02
Now, the State could try to argue that although the compensator or the other device is okay because it’s not a flash suppressor, they might argue that you still have a threaded barrel, which is an offending feature. If you have an AR with a pistol grip and you have that second offending feature, you’re now looking at possession of an assault firearm. So, you have to be very careful. If you are going to have a muzzle device, document that it’s not a prohibited device. Make sure your barrels on your ARs are not threaded. If it was at one time, make sure that whatever the device is permanently affixed, so that there is no more threading that’s able to be used. And that’s how you have to protect yourself in the DPR NJ. That’s the Democratic People’s Republic of New Jersey.
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Evan Nappen 35:01
Now let’s get to the favorite section, the favorite segment of Gun Lawyer. And that, of course, is the GOFU. What’s the GOFU? What’s the Gun Owner Fuck Up? Why do we talk about GOFUs? Because these are expensive lessons that you get to learn for free. This week’s GOFU. Well, here’s the bottom line, folks. When you’re carrying concealed, you want to make sure your gun stays concealed. It has to be concealed. If it’s not concealed, then the State can claim you are open carrying, and that’s a crime in New Jersey under the so-called safe carry requirements. So, beware. In this case, an individual was riding a motorcycle, and when you ride a motorcycle, there is wind, as any motorcyclist will tell you. The wind from riding the bike blew the clothing, the jacket, the shirt, whatever it was, so that the gun got exposed. This caused law enforcement involvement and caused problems, problems you’d rather not have. So, be very, very careful. Now, you know, I can defend this. There are provisions in the law that talk about a brief showing of the gun in movement and such. But you don’t want to have to rely on that, folks. You want to make sure your concealed carry gun stays concealed. If you’re going to be in an environment where it might have a greater chance of being exposed, be careful. Make sure it stays concealed, or you will experience a GOFU.
Evan Nappen 37:15
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 37:25
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 E201_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.
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38 min
August 25, 2024Episode 200-What’s Komrade Harris’s Position on Guns?
Episode 200- What’s Komrade Harris’s Position on Guns?
Also Available OnPodcast TranscriptGun Lawyer Episode 200
SUMMARY KEYWORDS
gun, firearm, new jersey, trigger, gun rights, place, rights, atf, law, forced, crank, lawyer, reset, lease, called, comrade, shoot, officer, person, stocks
SPEAKERS
Evan Nappen, Speaker 3
Evan Nappen 00:19
I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, a big question that has been out there is, what are the policies of Comrade Harris? Now, Comrade Harris has not been very forthcoming with much specificity about her policies. However, when it comes to our Second Amendment rights, she is not bashful at all. So, I want to discuss with you her proposals and what she’s going to do to our rights and why she will become the premier Gun Rights Oppressor if she becomes the next president. You need to be aware of this. I have the sources here to explain to you exactly where they’re coming from. A lot of it is what you might expect from the party of oppression, the Democrats, and that is not stopping here on our Second Amendment rights, that’s for sure.
Evan Nappen 01:32
So, the first thing that the Democrats do, and what Comrade Harris has put forward here is the propaganda twist of Big Brother-type lies in the same manner as George Orwell. You know, very Orwellian, when you had like the Ministry of Truth, which was all about lies. So, it’s always the opposite of what it actually is. So, her statement at the recent destroy America party convention that was just held where she received the nomination, having not received a single vote from any American in any primary, but yet is their candidate. She said, the freedom, and this is the platform, the freedom to live safe from gun violence in our schools, community and places of worship. Now think about that. This person somehow twists freedom, the idea of our liberty, the idea of what is our right to a freedom “to live safe from gun violence in our schools, community, and places of worship.
Evan Nappen 03:12
Of course, it’s not living free from violence, just violence itself. But then, again, there’s good violence, and there’s bad violence, right? If someone’s threatening your life, you’re going to use violence to defend your life. That’s good violence. It’s criminal violence that we want to be concerned with. But no, no. If we start trying to do something about criminal violence, then we have to do something about criminals, and that means going after Democrat constituents. They don’t want to do that. So, let’s focus on the guns and call it “gun violence”. Now they couch this that somehow, by oppressing our rights, that it will make you, that it will set you free. It will give us the freedom you see, by oppressing your rights. There’s absolutely no logic when you start taking apart their propaganda and that’s what we’re going to do on this show.
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Evan Nappen 04:12
So, what are the specifics to give us such great freedom? What is it that she’s looking to do, specifically, and for that matter, the entire Democrat party. What are they looking to do? Well, the answer can be found in what she has said and the Democrat party platform. The Democrat party platform that’s, of course, endorsed by Comrade Harris, says the following. There are about seven agenda items of right suppression. This is from the platform. Democrats will establish Universal Background Checks. So, that is UBC. Universal Background Checks is code for universal gun registration and the ending of any private sales, and to make sure that they know who has the guns. This makes it very easy to confiscate them. As we’ve discussed before, but in case you forgot, the four words go something along the lines of Legislation, then Registration, then Confiscation, then Extermination. That’s a pattern that’s been followed through history, and we’ve seen it in every major holocaust that human race has faced since the existence of firearms. So, be very, very wary of so- called Universal Background Checks. UBC is code for gun registration, which is simply the march toward those other things happening.
Evan Nappen 06:00
They will once again ban assault weapons and high capacity magazines. So, she wants to ban modern sporting rifles and standard capacity magazines. The Federal assault firearm ban was useless. It had no impact on crime, of course. Now, it did have some positive effects. One of the most positive effects, particularly the magazine capacity prohibition, was by limiting it to 10 rounds, it forced handgun makers to actually make handguns that were accurate. Now, they had to actually shoot well, because you can’t just spray and pray with 10 rounds. So, they had to improve accuracy and make handguns more concealable, but at a larger caliber. Since you could only carry 10 rounds, it had the wonderful effect of making more accurate, more deadly, and more concealable handguns, which is great for self-defense. I have no problem with that, but I really don’t want to see a magazine ban. Because on the flip side, what it does is it turns law-abiding citizens into criminals, especially when there’s no grandfathering. They have said over and over again that they don’t want to have grandfathering, that pesky grandfathering thing again, when they pass these laws. Of course, assault weapons that we’ve discussed over and over is simply modern sporting rifles, semi-automatics. They just want to have a sweeping ban, to prohibit as many guns as they can under that banner.
Evan Nappen 07:50
She’s even gone so far as to say she wants a mandatory buyback. Isn’t that cute? Buyback? How can you buy back something that’s not yours in the first place? You’re not buying back anything. What you’re doing is forcing people to forfeit their property and then allegedly giving them some type of compensation, which is always a fraction of the actual worth. Not that any of us want to part with our firearms for some Government-issued money. It’s one thing if you want to sell your own gun, I get it. That’s a personal choice. But if you are forced to sell it so that you have criminal penalties if you fail to do so? Well, that is a Democrat highlight, I guess, of oppression. They will require, this is again from the Democrat Platform, safe storage for firearms. Oh, how nice that sounds. They want to require safe storage. What that really means is we have to lock up our safety. Your gun has to remain in a locked cabinet, so that when the hot robbery is taking place, when the gang of MS 13 Democrats is attacking your home, you get to ask them to please wait while you unlock your gun safe and load your gun so that you can defend yourself. Yeah, that will work out really well.
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Evan Nappen 09:28
Democrats will “end the industry’s immunity from liability”. What does that mean? That means they want to end the consumer protection that’s been put in place to protect the firearm industry from lawsuits. Part of the anti-gun rights oppressors’ plans are to litigate and sue the gun industry out of existence. So, by abusing the tort system and suing gun makers for the criminal acts of third parties, they can bankrupt the gun manufacturing industry in America. But they don’t put it that way, of course. They say it is so gun makers can no longer escape accountability. Oh, yeah, isn’t that pleasant? Their propaganda is always astounding, but nonetheless, what do we expect from our Comrade?
Evan Nappen 10:34
They will pass a national Red Flag Law, and what is Red Flag? It’s confiscation without due process. New Jersey is currently suffering under its Red Flag law, known as ERPO, Extreme Risk Protection Orders. It can be filed by just any lie by any person. The next thing you know, your guns are seized, and your rights are taken. You don’t even know what’s happening. Finally, down the road, after all the damage has been done, your house was searched and your guns were taken, you finally get a hearing. How nice of them. At that hearing, you get to fight to get your rights back. And of course, these ERPOs are quite deadly and dangerous for gun owners because the police don’t know who they’re dealing with. All they know is it’s an extreme risk. Law-abiding citizens have been shot and killed during the execution of these orders. By “swatting”, by folks that just make up lies and have them hit your house. They come armed and ready to seize your guns. So, you know, Red Flag is bad news. New Jersey is proof of it, and the rights abuse and due process abuse is just astounding with red flag, so called red flag. We’ve got to stop it from taking place nationally. It’s a violation of our Fourth Amendment rights against unlawful search and seizure and a violation of due process. Yet, the courts in the gun rights oppressive states are very slow to apply those other rights that we have. Of course, all this is being done, don’t forget, in the name of a freedom, freedom. This is all for freedom, my friends. Freedom. I mean, it’s just nauseating, right?
Evan Nappen 12:38
Then, of course, they’ll increase funding for BATF and FBI for the background checks. So, you know, continue with the weaponization of our Government agencies and the constant attack on law-abiding citizens. That is, of course, fundamental to gun rights oppression. So, they have a very complete and thorough platform of gun rights oppression and that is Comrade Harris’s position on guns. Now her other policies at the moment, nobody knows for sure. Of course, she isn’t really talking to the media or having questions asked or putting forward specific policy. But they seem to have made an exception for guns. When it comes to taking our rights, they seem to have no problem saying exactly what they want to do to oppress our gun rights. Whenhen it comes to the election, make sure you vote accordingly if you care about your gun rights. Make sure you know that that this is down the pike if she is successful in her election. I just wanted to make sure that Gun Lawyer listeners were aware of the facts about her position on guns and gun rights.
Evan Nappen 14:00
Now, with that being said, I want to bring to your attention an article that I saw that is just insane. I just have to talk about it, because it is so bizarre. This is from The Daily Beast, which normally is kind of,
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you know, out there to the left. A pretty strong lefty publication there, but nonetheless, sometimes even a blind squirrel finds a nut. The Daily Beast had an article, and the title is, “American Backpacker Flips in Court Over Gold-Plated Gun”. (https://www.thedailybeast.com/american-backpacker-liliana-goodson- flips-in-court-over-gold-plated-gun) I swear you can’t make this stuff up. Wait until you hear this. Ready?
Evan Nappen 14:46
Now, of course, the person involved in this is from Florida. Somehow, it’s always a Floridian in this insanity. I don’t know why that is. I’m going to read this. Owen Lavine wrote this article. Here’s the subtitle to the article. “A Floridian was on their way to clown school in Sydney, Australia, when authorities found the weapon in their luggage.” I got to tell you. I totally believe that this person was going to clown school. You’ve got to see the picture of this person. It is beyond words. And you talk about the opposite of drawing attention to yourself. I mean, she may as well, or he, or whatever it is. They don’t use the pronouns. Yeah, I don’t know. This person may have, literally, been dressed as like Ronald McDonald or something. But actually, they look even crazier. If you want to check out that article, you’ll see what I’m talking about.
Evan Nappen 15:53
The firearm that they had is a Colt. It’s an actual Colt. I can see the Colt slide. It’s a Colt 1911, but it is gold plated with a pearl handled grip. You can make that out in the picture. So, it’s a full size 1911 with a pearl-handled grip. And what happened here is they were apparently heading to Australia for this clown school, and they wanted to bring this gun. The name of the person is Liliana Goodson, who uses they/them pronouns, and said they, I guess, meaning her, singular, but we have to say they, “were on their way to a ‘clown institute in Sydney’ when they were stopped at Sydney Airport with a Colt .45-style pistol and ammunition in their luggage. . . ” This is the Daily Beast quoting the Daily Mail. Goodson, ready for this, also shared that they, again, they plural for a singular, were carrying a “cat spine, squirrel feet and rabbit pee”. Well, of course. I mean, who the hell doesn’t go to Australia with a gold-plated .45 1911 with pearl grips and a cat spine and squirrel feet and rabbit pee? Especially when you’re going to clown school in Sydney. Come on. Then it says, “When I got here, the gun wasn’t even in the back of my mind at all, they said, and they said that my memory failed me. The investigator said that they tried to search on Google what to do, but they weren’t exactly sure, so they apparently brought it to Australia anyway and didn’t worry about it. Then they claimed they’re actually “scared of shooting” the gun, but they’re from L.A. Oh, are you shocked that they’re from L.A.? They said, if you just brandish a weapon, people will scatter. There you go. That’s a hell of a self-defense training, right there, huh? Brandish your gold- plated pearl grip 1911 and, I guess, wave cat spines and rabbit pee at them or something like that, and they just scatter. Then here’s the greatest part. They entered a guilty plea in the court in Australia. It says that “she backflipped and pled guilty. Literally did a backflip in court and pled guilty. Goodson’s Attorney apparently did say that they suffered from mental health challenges. I don’t know. I somehow find that hard to believe but check out that article. You’ll see the picture. It is the world we live in.
Evan Nappen 19:15
Speaking of which, as the fight continues for our gun rights, New Jersey is a hotbed of such problems. In order to continue the fight, you need to belong to the Association of New Jersey Rifle & Pistol Clubs.
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They are the NRA affiliate in New Jersey. They are the ones fighting for our rights in the courts and in the legislature. They have a full time paid lobbyist keeping an eye on the shenanigans down in Trenton, which seemed to never end, and they are battling the good fight in federal court and making headway. Fighting for our ability to carry. Fighting New Jersey’s so-called assault firearm ban and large capacity magazine ban. Every day, they are fighting the gun rights oppressors and their agenda. By joining the Association, you become part of the solution. You’ll get the updates, the great newsletter, and the emails. It’s a great group. Show your support. Join anjrpc.org,njrpc.org today. You’ll be glad you did.
Evan Nappen 20:28
Also, I want to mention WeShoot, our favorite range in Central Jersey, right there in Lakewood. Right off the Parkway. They are my range, a great range, and it is a resource that you can take advantage of. They have top notch staff and great training programs. Get your carry certificate there and training, your CCARE. They’ll help you out. They’ll help you get set up, get your gear, get everything you need to exercise your Second Amendment rights. Plus, you have a great place to shoot. Our ranges are an important resource. As you know, we’re looking forward to Lieutenant Colonel Hartman’s visit. I’ll be letting you know the date for the training by Lieutenant Colonel Hartman, the IDF Master Sniper, who created the entire firearms training program for the IDF. He’ll be personally training. If you want to take advantage of that training, check out his online course. As a matter of fact, in order to go to the live training seminar, which will be free, you need to take this course. You can access it right online at elitemarksman.com Elitemarksman.com. I’ve talked to a lot of folks that have already done it, and it’s a magnificent course. You’re really going to learn a lot, and you’re going to learn from the guy who’s been there, done that, the real deal. He’s got an amazing resume. He was one of the, actually, I think, the only Jewish soldier ever to make the cover of Soldier of Fortune. He’s a really interesting guy. When you go to that website (www.elitemarksman.com), make sure you use the promo code, GUNLAWYER (all caps). Gun Lawyer. You’ll will get $100 off the program.
Evan Nappen 22:23
Another thing of great importance is getting my book, New Jersey Gun Law, the Bible of New Jersey gun law. It’s 120 topics, all in a question and answer format. I explain all the laws. It’s actually over 500 pages. The book itself can be a weapon. That’s just a joke, folks. But it is a substantial book, and it is the only book that explains what you need to know about New Jersey gun laws. When you get the book, scan the front cover, and get in my subscriber list so that you can access, for free, the archives. You will be able to get the email updates that come out so the book will stay current. To buy your copy, you just have to go to EvanNappen.com. That’s EvanNappen.com. You’ll see the big orange book right there. That’s my website. Get yourself a copy today.
Evan Nappen 23:29
Hey, here is some more really important news. The ATF just lost another one. This is on Force Reset Triggers (FRT), such as Rare Breed Triggers FTR-15s. Force Reset Triggers. (https://www.ammoland.com/2024/08/atf-requested-stay-denied-in-force-reset-trigger-case/) You may say, what is a Force Reset Trigger? Well, a Force Reset Trigger allows you to fire your gun very quickly. It is far superior to a bump stock, and it simulates machine gun fire. Oh, my God. How can we have a gun that shoots lots of bullets by pulling the trigger for every shot when with a semi- automatic, we can fire lots of bullets by pulling a trigger with every shot? Yeah, I know it’s crazy. Butut the good
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news is Judge Reed O’Connor, who is a wonderful judge in Texas, determined that the Force Reset Triggers that ATF went around confiscating claiming they were machine guns, as a matter of fact they confiscated almost 12,000 Force Reset Triggers, not only was it declared unconstitutional, but ATF is required to return them. That’s just wonderful. I love that they have to give them back.
Evan Nappen 25:06
Now, I know there are a number of people in New Jersey that ATF paid special visits to. To convince them, cajole them, scare them, into giving up their force reset triggers under their confiscation program, under the senile sock puppet. I’m sorry, I mean Joe Biden. When they did this, they scared a lot of people into doing it. They used threats and all kinds of things. Well, guess what, folks? If you were somebody that had your Force Reset Trigger seized, ATF is ordered to return it, and the judge denied a stay of that order. It’s not stayed. It’s in effect. I know ATF is going to appeal it, but good luck, considering the Cargill case. Under Cargill that invalidated what? Their bump stock prohibition. And guess what? Bump stocks do something very similar to force reset triggers, only better.
Evan Nappen 26:14
I’ll tell you one other thing about force reset triggers that you may find very interesting. Under New Jersey law, bump stocks are separately prohibited. So, even though bump stocks are now arguably okay in the USA, although they’re still trying to appeal it and fight it, you may want to wait a little bit longer. But hey, it’s pretty darn good there on that front with bump stocks. New Jersey law separately prohibits bump stocks. So, in New Jersey, you still can’t have a bump stock because it was invalidated, not on Second Amendment grounds. It was invalidated on overreach and a violation of their administrative agency powers. You know, abuse of agency power is what invalidated it. But you see New Jersey prohibits bump stocks and New Jersey prohibits trigger cranks. I guess sometimes, if get cranky while shooting, we might consider ourselves to be a trigger crank, but that’s not what they’re talking about. In New Jersey, a trigger crank means any device or instrument attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion. (N.J.S. 2C:39-1ff.) You know, like hell fire. Those devices.
Evan Nappen 27:51
Butut it doesn’t include any weapon initially designed and manufactured to fire through a crank or lever. So, first of all, you may be surprised to learn that in New Jersey, Gatling guns are legal. That’s right. You can have a Gatling gun in New Jersey. You can even have one of those newly made Gatling guns by Tippmann. (https://tippmannordnance.com/gatling-gun/) You know, the 9 mm Gatling guns that use Glock mags. That’s okay, because it’s originally made with a crank. But you can’t have a gun where you added the crank. That’s because legislators are kind of cranky about the whole thing, right? So, Gatling guns, okay. Trigger cranks, no good. Bump stocks, no good.
Evan Nappen 28:39
But, drum roll, please. Force reset triggers are legal in New Jersey. They’re not prohibited. So, a force reset trigger is not a bump stock. A force reset trigger is not a trigger crank. For that matter, neither is a binary trigger. You know, Franklin Armory and such, where the firearm will fire on both the pull and the release of the trigger. It’s still two actions. But the force reset triggers, plainly, not a bump stock, plainly not a trigger crank. So, if ATF wants to give you back your force reset trigger because they’re
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mandated to do so, 12,00012,000 of them, by the way, and you live in New Jersey, well, happily accept it back and enjoy it.
Evan Nappen 29:34
Let me also bring to your attention some letters that I received. I always love getting letters. This one’s from Thomas. He says, I enjoyed your podcast 182. What happens if a spouse did not estate plan for handguns to go to a child, and they went to the surviving spouse? After both parents pass away, do children get custody of the handguns just like the spouse did? The answer is as long as the children are the beneficiary of the last deceased spouse, then the entire estate would go to those residuary beneficiaries, those beneficiaries, and if that estate includes guns, and the answer is yes. Those guns go to the heirs or beneficiaries, whoever they may be. You do not have to specifically say that guns go to your heirs or beneficiaries if they’re getting your whole estate. If you want to split it up, where certain guns go to certain people, or you want your estate to go to your spouse, but the guns to go to your kids, then you need to spell it out. But the answer here would be yes. The children do get the guns, as long as they’re the ones that are getting the estate. Normally, that’s how it works. So, thanks for the question, Thomas.
Evan Nappen 31:09
Then I have another question, and this one is from Jeff. And Jeff says, Mr. Nappen, I was listening to Gun Lawyer, as I always do, and I was interested in the answer you gave about carrying in a sensitive place, with exemption, if it is your place of business. I’m a physician. I have a concealed carry. I work in a private practice, but the building is leased from the hospital. In other words, I’m a partner in the practice, but the hospital owns the building. I spend the majority of my time at work, unfortunately. I would like to carry there. Do you think the fact that is my place of business trumps the sensitive place issue? The answer there is, if you actually lease wherever you are there, then that is your office that you lease, and that is your place of business. The hospital is merely the landlord, and you now have the dominion control and leasehold you’re leasing that office. If you’re in that office that you are leasing, then that is your place of business. And under the sensitive places exemptions under 2C:39-6e. exempt from sensitive places. One of the exemptions under 2C:39-6e. is place of business. So, if it is bona fide your place of business and it is land essentially owned or possessed by you by way of a lease, then you have exemption of both, arguably, land owned or possessed and place of business. It’s your business. You’re the partner in the practice that you are leasing under, I’m assuming, an agreement for that spot, for that place, just as any other business might lease its offices or storefront or anything else. That’s how it works. So, it appears, from what your question has asked, that yes, you are covered.
Evan Nappen 33:02
Now let’s go to the favorite segment of Gun Lawyer, which is the GOFU. And what are GOFUs? GOFU is the Gun Owner Fuck Up. And why do we talk about GOFUs? Because they are expensive lessons that you can learn for free, and then you don’t have to repeat those expensive lessons. Let me tell you something that I’ve seen a lot of again in the practice, and it keeps happening and happening. This is a little bit of a reverse GOFU, but it still qualifies, I believe. Because I don’t want to see you have the problem. Regardless of how serious the problem is or isn’t, I don’t want to see you have the problem. The issue is that police often do not know the laws. Police don’t know the laws. They’re trained to a certain degree, but honestly, they’re not up to speed on the gun laws the way my listeners of Gun
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Lawyer are. They just often don’t know, and they are often wrong. I see this all the time. So, I’m sure that you would prefer not to be a victim of an officer’s mistake. That would be the GOFU, right? You don’t want to have that happen to you.
Evan Nappen 34:22
Lately, I’ve had cases where an individual was stopped, and under Duty to Disclose, disclosed his concealed loaded handgun on his person that he was properly carrying, showed his carry permit, but the officer said, wait a minute. He read the law, and the law says you can’t have a gun while transporting in a car. They actually put the cuffs on. Then they called the higher up officer who seemingly confirmed it, and it was a big mess. Now, luckily, there were no charges here, but what a hassle and what a problem. And why didn’t the officer know? The officer didn’t know about the case law, about the law that the Association of New Jersey Rifle & Pistol Clubs successfully fought, having that section declared unconstitutional. So, yeah, the law is there in the statute book, but it has an injunction on its enforcement, and the officer wasn’t aware of that. I have a suggestion. You should keep, if possible, a copy of my book and its updates in your car. Because if you get stopped and you have a problem, you can go to the source to the Bible of New Jersey Gun Law and say no, right here. Nappen says that is okay. Right there.
Evan Nappen 35:52
I’ll tell you what else I’m running into. Hollow nose ammunition. All the time. I get these calls all the time. Hollow nose. The police stop them. I’ve had actual false charges. Why? Very popular rounds such as Hornady Critical Duty, Critical Defense, etc. Well, I want to point out something else that you may want to keep a copy of with you in the car or in your carry lock box, just so you have it. Particularly, if you’re carrying that great defense load. Go to the State Police website, and they have an FAQ on firearms (https://www.nj.gov/njsp/firearms/firearms-faqs.shtml) Question 13 on the New Jersey State Police website, an official statement by those empowered to make it. It is absolutely a defense at law to rely upon that. If you go to Question 13, what does it say? Question: “I’m not a police officer, are hollow points legal for me to possess?” And right there it says the exemptions about where you can travel. Then it says, “Ammunition lacking a hollow cavity at the tip, such as those with a polymer filling, are not considered to be hollow point ammunition. An example of this can be seen with the Hornaday Critical Defense / Critical Duty, Cor-Bon PowRball, Glaser Safety Slug and Nosler Inc. Defense ammunition.”
Evan Nappen 37:32
Hey, folks, not only do they make it clear, but they also even name the brands. So, if you have that ammo in your carry gun, which is all good stuff, factory defense loads, right there. Great stuff. Why not keep a copy of this FAQ by the New Jersey State Police? Keep it with my book and the updates. If you run into a problem, you can say, look, I have the documentation that it’s legal, right there. Don’t make a false arrest. Boom! You stop the problem before it escalates, and you will not be a GOFU.
Evan Nappen 38:12
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
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Speaker 3 38:20
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 E200_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.
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39 min
August 18, 2024Episode 199-How New Jersey Gabs Guns
Episode 199-How New Jersey Gabs Guns
Also Available OnPodcast TranscriptGun Lawyer Episode 199
SUMMARY KEYWORDS
guns, knife, new jersey, switchblade, otf, firearm, seized, law, fight, shoot, call, range, jersey, domestic violence, gun rights, tro, seizure, rights, part, blade
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:15
I’m Evan Nappen, and welcome to Gun Lawyer. So, I’m going to dwell today in the area of how New Jersey grabs guns. How they basically steal your guns and gun rights right out from under you. I’ve seen case after case. By understanding the methods and the laws that New Jersey abuses to the fullest, you may be able to better protect yourself. Even if you’re thinking to yourself, hey, I don’t do anything that’s a problem. None of this that Nappen is talking about I would ever have anything to do with. Well, it doesn’t matter. Because if anyone in your household has any of these issues, everybody’s guns get seized. All the guns in the household get taken. Then you, as an innocent third party, you’re stuck having to fight to regain your guns and gun rights as the state claims that this problematic or prohibited person is in your household.
Evan Nappen 01:37
So, what are the primary methods that New Jersey employs to steal guns? To disenfranchise individuals of their gun rights, and to have a continuous every day all law enforcement taking these actions. One by one, taking people’s guns. And you never hear a peep about this in the Imperial Media, of course. But that’s why you listen to Gun Lawyer. So, I’m going to explain how this works. One of the main laws, there’s about three of them, and then we’ll talk about the fourth that isn’t even a law. The main law that gets heavily abused is the domestic abuse law. Now, domestic violence, domestic violence abuse, it’s a serious topic. It’s important that we address those incidents. I totally get that. Nothing I’m about to say is meant to belittle anything about the seriousness of domestic violence. However, the domestic violence laws in New Jersey are so broad and all-encompassing that it is extremely easy to get at least a Temporary Restraining Order filed.
Evan Nappen 03:17
With domestic violence, if an individual claims to be a victim of domestic violence and to be a victim, it’s statutorily defined as someone who’s a spouse, or someone who’s a household member, or someone who has a dating relationship with that person, etc., and that person makes a claim that a predicate act of domestic violence has occurred. This is basically the criminal code of laws, various offenses that are labeled as domestic violence offenses, when the alleged victim is someone in that category I just said. For a TRO to issue that person simply has to make essentially prima facie claim. You’re not involved in that. The other person is not involved in it. It’s done ex parte. They just tell the judge whatever story they want to tell. They could make up an utter and complete lie. And that often happens. We encounter
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that a lot, but it doesn’t matter. If they put forward that predicate act, and the predicate acts run the gamut from attempted murder all the way down to harassment.
Evan Nappen 04:49
Now, harassment in New Jersey is a crime, it isn’t a crime. New Jersey actually, technically, calls crimes felonies. But harassment as an offense is a petty disorderly person’s offense. The lowest level of criminal offense. The element of harassment is essentially doing something with the purpose to annoy. That’s essentially it. So, if any of you have ever annoyed your spouse or girlfriend, then arguably, you’ve committed harassment, and if they wanted to complain about it, they could at least get a TRO out of the box. Once that TRO issues, a Temporary Restraining Order, then as part of that Order, already preprinted on the form is a warrant to search and seize the guns of the defendant and anything that’s in the household where that defendant resides. So, we frequently get TROs that might be brought by a girlfriend of a son who’s living with the mother and father, and the mother’s and father’s guns get taken even though they had nothing to do with anything. It doesn’t matter. They all get seized. Of course, the defendant’s guns get seized. It doesn’t matter about how much of a lie may or may not have been told to get the TRO. All the guns get seized.
Evan Nappen 06:15
Then you’re going to have a Final Restraining Order hearing where they decide whether to make the TRO a FRO (Final Restraining Order). If it becomes a FRO, then you’re barred from having guns under both New Jersey law and Federal law. But even if the TRO gets dismissed, you still are going to have to fight to get your guns back. Because what comes next is a Weapons Forfeiture Hearing where they’re going to look at everything all over again. It doesn’t matter that the TRO was dismissed. They will look at anything else in your background and anything that may have been seized. And that’s an important point right there. Because I see often that individuals have something that might be viewed as contraband by New Jersey. Like you have a magazine that, instead of holding 10 rounds, may hold an extra bullet. You know it may hold 11 rounds. Oh, my God. If you have that magazine, you’re looking at a felony level offense, what New Jersey would call a crime of the Fourth Degree. You’re looking at a criminal charge facing up to 18 months in State Prison for your so-called large capacity magazine that we prefer to call a standard capacity magazine. That’s just one example.
Evan Nappen 07:26
So, what happens now is this. You’re an innocent third party. Your guns are seized, and the magazine is found. Maybe, let’s even say it’s in a handgun that you lawfully acquired with a pistol purchase permit before the law changed, and you didn’t remember that it held over 10 rounds as a standard mag that came with the gun. It doesn’t matter. Now you can face an escalation to criminal charges. They’ll use it to try to deny the return of your guns. They’ll use it to revoke your gun licenses, and they may use it to keep your firearms that they already have. So, this is where you see the escalation factor and the other problems that can ensue once there is any type of domestic violence TRO.
Evan Nappen 08:11
We get a lot of those cases. A lot of people end up having their guns seized by the Government, and we have a fight to try to get them back at the subsequent weapons forfeiture hearing. It’s very important that if you are the subject of domestic violence restraining order, that you fight it. Because if you get a
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FRO (Final Restraining Order), you become a prohibited person, essentially equivalent to a convicted felon. So, domestic violence seizures are one of the areas fraught with abuse that I encounter frequently.
Evan Nappen 08:48
The other method is what is called Red Flag. It’s not officially called Red Flag. Sometimes Red Flag is applied to any seizure. But what I’m talking about here is Extreme Risk Protection Orders. What we call ERPOs. It begins with a Temporary Extreme Risk Protection Order, which is a TERPO. Then, if it becomes final, it becomes a FERPO, a Final Extreme Risk Protection Order. It’s an ERPO that begins as a TERPO that can become a FERPO. And if it happens in Burlington County or Bergen County, you get a BERPO. I’m just kidding about the last part. But the procedures on Red Flag what happens again. This time it doesn’t have to be anybody defined specifically as a victim. It can be a neighbor. It can be somebody you just met. It could be the police themselves. Someone can simply make a claim, again ex parte, without you even being aware about anything, claiming that you’re somehow a danger to yourself or others, that you have a gun, and boom, a TERPO issues. Part and parcel of that will be another pre- printed warrant, and your guns will be seized. Anybody in the household, their guns will be seized, and we’re back to that same pattern of behavior. These pre-printed warrants are just offensive, frankly, to the Fourth Amendment. I mean, in New Jersey to get approval for seizing guns, it’s harder to get a sandwich at Wawa, than to have this happen. It’s just crazy how almost automatic the warrants are that are part of these orders as it gets issued on the seizure. Again, the same problems can ensue. It can escalate. You can lose your rights, even if you’re not the person who was a target of the original TERPO.
Evan Nappen 11:07
Then we have the third method, which is what we call Duty to Warn. Now Duty to Warn occurs where an individual makes any kind of statement to a medical professional. It could be a therapist, it could be a doctor, a nurse, etc, any type of statement about harming themselves or others. If they make that statement, then it is required for the medical professional to call the police. At which time the police will come, and they will not only take your guns away, but they then take you away. You get subject to an emergency medical evaluation. It’s kind of a variant on the Duty to Warn, is anybody who ever calls for a wellness check, if somebody calls for a wellness check on you, then you can expect the same type of Duty to Warn mechanism where the guns get seized. Then not only are you fighting for your freedom from being put in a mental institution, but you’re fighting to get your guns and your gun rights back. If you’re an innocent third party again in the same household, you’re going to be pulled right into it as well.
Evan Nappen 12:43
Then the fourth method of abuse, of seizure, of taking guns of New Jersey, stealing guns and gun rights, is where the police just decide to take your guns for so-called “safekeeping.” They’re not relying on any provisions in law. Basically, I call that the pulling it out of their ass basis, okay? Again, it doesn’t matter. Jersey likes to take guns and ask questions later. Oddly, if you’re subject to one of those “safekeeping” seizures, one of those statutorily baseless seizures, it’s often even more of a fight to get your guns back because there’s no statutory procedure. However lacking in due process this is, all of New Jersey’s procedures are, there’s no due process on that type of seizure. There are no laws on that
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type of seizure. So, we kind of have to force their hand in getting to court to regain your guns and your gun rights. Again, if you’re an innocent third party there, you get jammed up as well. You face the same risks and the same problems. This is how New Jersey is constantly seizing individual’s firearms and taking their gun rights, too.
Evan Nappen 14:14
So, you need to let your family members know that if police get contacted, and look, if police need to be contacted, they need to be. I’m not saying not to, if there’s a need to. But they need to know that it’s not something ever to be done lightly. I’ve had cases, many, where the person who calls only wanted to scare them, or I only wanted to help them, or even though it wasn’t serious or I was just nervous about him, or whatever the reason, it leads to this compounding. It can even lead to felony level criminal charges and prison. The effect has no bounds, depending on what the facts are after the seizure. Because of it and due to it.
Evan Nappen 15:03
Then many of these times, swattings can occur. The police are told there’s an armed individual who is a danger to himself and others, and they come there nervous. If I was law enforcement, I’d be nervous, too. You do not know who you’re dealing with. And unfortunately, innocent gun owners get shot. They get killed. These are on record of happening. They didn’t know who was coming to the door. They didn’t know who it was. They didn’t know what was going down. So, this really can create a lot of danger, and it does. But regardless, it’s dangerous to your rights. So, you want to make sure you’re aware of it and that your family members are aware of what happens. Every week I’m getting case after case after case, which initially started by these methods that I’ve just explained to you.
Evan Nappen 15:57
We are fighting these things, of course. We’re fighting it via our great state Association, which is the Association of New Jersey Rifle & Pistol Clubs. They are the state gun rights group in Jersey, the umbrella organization of gun clubs in New Jersey. You can be an individual member, and you need to be an individual member. They’re the ones in the courts fighting for our rights, fighting the Carry Killer law, fighting the assault firearm ban, fighting the large capacity magazine ban. They’re making progress. They’ve made significant progress. They’ve eliminated, so far, a number of sensitive places so we can protect ourselves and not be victims. We can be defenders instead. They’ve just taken a piece out of the assault firearm law with more to come. We’re seeing great progress. It’s a long slog, and it’s a big fight. We need your support. Make sure you’re a member. You’ll be advised as to what’s going on down in Trenton. They have a full time paid lobbyist. They’re there being vigilant for your rights. Join anjrpc.org today. Be part of the solution by being a member of your great gun rights organization.
Evan Nappen 17:14
If you’re looking for a place to shoot, there’s none better that I can recommend than WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. Very convenient, right off the Parkway. It’s a top of the line range. That’s where I shoot, and my family shoots. We love it there. They will treat you like family. They have great trainers. Great deals and gear and guns and ammo. Everything you need to set you up quite nicely to be able to shoot, to shoot proficiently. Be qualified. Get licensed, everything, soup
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to nuts. You can get it done at WeShoot. You can go to weshootusa.com. They have beautiful photographs. They pride themselves on that. Check out their website.
Evan Nappen 18:06
And you know, we’ve been following along with WeShoot and our connection there with Lieutenant Colonel Mikey Hartman. Lieutenant Colonel Hartman, an Israeli IDF Master Sniper, created the entire firearms training program for the IDF. He’s an amazing hero of Israel in the fight against terrorism. Well, he has an amazing course, by the way, called Elite Marksman, where he teaches the IDF training for rifle. It’s a video, a very detailed video training course that you can watch and learn. You want to subscribe to that and get that course with all the great materials, plus the IDF targets he sends and everything else. He’s really great guy. I love Lieutenant Colonel Hartman. He just an amazing man. Remember to use the promo code, GUNLAWYER, all caps. GUNLAWYER. To get $100 off. He will be coming live, arrangements are being made as we speak through WeShoot. They’re gaining a rifle range to use, and if you’ve purchased that Elite Marksman course, you’ll be able to attend for free to Lieutenant Colonel Hartman’s in person course. He will train all of us directly. He’s going to enhance and refer to his program. You want to have that Elite Marksman course before you go, and he’s going to give us live training. I’m really looking forward to it. When I get the actual date, I will definitely let my listeners know about it. You can also go to weshootusa for more information on that as well. So, check it out at elitemarksman.com. These are great resources that I try to tip you off about.
Evan Nappen 20:11
Of course, the finest resource on New Jersey gun law, as I brag about it, is my book New Jersey Gun Law, the Bible of New Jersey gun law. It’s over 500 pages with 120 topics, all in a question and answer format. It’s the guidebook, the handbook, the manual to stay out of trouble in New Jersey. There’s no other book like it at all, and it’s a labor of love. I put hundreds and hundreds of man hours into writing it, and I keep it up to date. It’ll be a great resource for you. You should all have a copy of it and keep it handy. You can go to EvanNappen.com. EvanNappen.com. That’s my website. You’ll see the big orange book there. Click it, and it’ll take you right to the page so you can order it. You’ll have it in a matter of days. When you get the book, scan the front cover there, the QR code. You can then subscribe for free to my database. I do not distribute that in any way. We put out updates, and you’ll have access to the archives of past updates. So, this way your book stays current. Make sure you get your copy. Talk to anybody that has a copy. They’ll tell you how much they use it. And when you get your copy, one rule, do not loan it out. Because if you do, you’ll never get it back. Boy, I hear that all the time.
Evan Nappen 21:40
Let’s take a look now at some letters. I really enjoy the letters. I love hearing from you folks. This one is from Marcus. Marcus says, regarding outdoor range. I’m an NRA instructor, and it’s getting very hard for me to qualify students at indoor ranges. I was thinking about buying a piece of property so I can train my students in live fire. I think you might say live fire outdoor. I cannot find any information. In which county or town would they let me do such a thing? Can you please point me in the right direction? So, this is tricky because of how the possession works. If you’re going to set up an actual target range, that might be one way, but it has to be arguably authorized. If you’re on your own property, you have an exemption to shoot there, as long as the town doesn’t have an ordinance
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prohibiting discharge. New Jersey State law doesn’t control ranges. It’s more of a town law. So, you want to check on discharge and all that.
Evan Nappen 23:03
Once you set up a range, now, if it’s a personal range, that just means it’s your own personal property. But if a student comes there with a firearm, are you operating it as a public range? Is it an authorized range under the statute? That becomes troublesome, you know, it becomes very fact sensitive. There really isn’t a great way here, unless you get your facts all in a row about the authorization of the range itself, unless you want to actually get a piece of property and get it approved officially by the town as an outdoor range. Now, one thing that may be helpful is this. Keep in mind, if you want to qualify, and we’re talking about CCARE, that can be done with air pistols. Now air pistols are still considered firearms. So, it would still be considered a firing range. However, if the town only prohibits firearms, and they have a town definition of a firearm, maybe it doesn’t include air guns. That’s something. Air guns are also a lot quieter than a powder type firearm that uses cartridges. So, that may be helpful, I don’t know, but it is difficult. This is one of the reasons why I push about people, our resources, with our ranges, particularly WeShoot, because it’s difficult to find places to shoot. I can sympathize, but the law is not very flexible. This is something that really needs to be addressed further by the legislature. But thanks for a great question, Marcus.
Evan Nappen 25:02
Here’s a question from Rich. Rich says, Hello, I listen to your show every week. That’s good as well. You should. Anyway, I have a question about informing a police officer of your Permit to Carry when pulled over. I’m a New Jersey Permit to Carry holder. I understand that a Permit to Carry holder must inform police and show them you have a permit and inform them that you have a concealed handgun if pulled over. Yes, that is correct. You must immediately do that. The question is, do I have to inform and show the police officer the permit if I’m not carrying the handgun with me on that particular day? The answer is no. You only have a Duty to Disclose if you have your handgun loaded, concealed on your person, properly carrying it, when you are pulled over. If you don’t have a gun, there’s nothing to disclose. The disclosure is to disclose that you’re carrying a gun. So, not a problem. There is no need to inform. Now, if you are transporting your gun to the range, not carrying it loaded concealed on your person, but have it cased, unloaded in your trunk or a lock box, etc, then you still have a Duty to Inform the police that you are transporting as well as carrying. If the gun is in your vehicle like that, you still have to tell them, if you have a Permit to Carry a handgun. If you do not have a Permit to Carry a handgun and you are transporting under the old exemptions, going to the target range with your cased and unloaded firearm, you have no obligation to disclose that you have the firearm. If you are carrying your gun illegally, you have no Duty to Disclose that you have a firearm. Only Permit to Carry holders have a Duty to Disclose whether they are carrying their handgun loaded concealed on the person, or whether they are transporting it. That’s how Duty to Disclose works.
Evan Nappen 27:22
I have another letter, and this one is from Jack. Jack is asking a question about one of my loves. I’m not talking about women. I only have one of those. That’s my wife. My other great love, and it says regarding knife laws. Hi, Evan. Question for you. Are switchblade OTF knives, OTF is short for Out The Front knives, legal to possess in your home as part of a collection in NJ without any intent to use for
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self-defense or any intention to carry? Can opening boxes and using it as a tool for everyday house repair tasks be considered a lawful purpose? If not, then how come these are being openly sold at gun shops and places like Home Depot?
Evan Nappen 28:12
So, the switchblade law in New Jersey is really quite a piece of work. I believe the switchblade law has a foot in the grave as far as it being even enforceable now, in light of the trilogy of Heller, Bruen, McDonald, etc, on our Constitutional rights. The problem is that switchblades, which an OTF does fall under that category of a switchblade, because the blade opens automatically by pressure to a button or other device in the handle of the knife, the law divides up. There is what we call the per se section under N.J.S. 2C:39-3, where you cannot possess unless you can. You have the burden of demonstrating that reason, that purpose, etc. They view those as per se prohibited. Switchblade, dagger, Dirk, stiletto, Ballistic Knife, etc. Even slingshot falls under that category. Yes, New Jersey makes possession of a slingshot a felony level offense. You’re looking at 18 months in State Prison for possessing a slingshot in New Jersey. So, Dennis the Menace and Bart Simpson are felons in New Jersey. They put switchblades in that category.
Evan Nappen 29:43
There is a defense built in, but the burden is on you. One thing for sure, you don’t want to be carrying your switchblade. At least until we get the case law finally killing off these idiotic archaic knife laws. There’s another section under 2C:39-5d. which is “other weapons.” That means everything else, not including firearms that are separately prohibited under 2C:39-5. So, 2C:39-5d., the “other weapons” section, also includes knives. But there is an exemption to 2C:39-5d. Under 2C:39-6.e., and all these will be linked on the website to these laws, by the way. Under 2C:39-6.e. possession in your home of “other weapons” and those firearms under the other subsections are exempted. So, the d. charge under 2C:39-5 has a home exemption for possession. The only possible charge for having it in your home is the 39-3 section charge of the per se.
Evan Nappen 31:05
Now, I’ve had a case where a guy had a $25,000 collection of modern automatics. By the way, switchblades are archaic even in the term, but it’s in our law, actually calling them switchblades. The modern term today is automatic knives. I had a guy with a collection of $25,000 in automatic knives, and I was able to show that he was a collector. He subscribed to Blade Magazine. He belonged to a knife collector club and an arms collector club. All these knives had significant collector value, either in their function, design or form, and we were able to show that his manifest lawful purpose was precisely that, collecting. I was able to get the criminal charges dismissed and actually got his collection returned. But even though that’s possible and can be done, I’m sure you don’t want to have to go through that mess. This is why I can’t just give you the green light on yes, you can possess them. Because when you do, you run the risk of having to fight that fight. So, keep that in mind.
Evan Nappen 32:12
Now, for the most part, a lot of the switchblade laws are not vigorously enforced in the United States. As a matter of fact, surprisingly and amazingly in the federal challenge to the Federal Switchblade Act, the actual defense that the U.S. Government used, that at the moment, was actually successful, which
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is just astounding, is saying, well, we don’t enforce the Federal Switchblade Act. (KnifeRights.org) So, this is a moot challenge. This case is not necessary because we don’t actually enforce it. The Court actually bought that. And I’m like, great. As long as they’re not enforcing a law, it stays on the books. Is that how it works? I mean, come on. But that’s still being fought. You can see that there is some reality to enforcement of knife laws. Normally in the world of knives, it’s not as vigorously enforced, but you still have a risk. You still have that risk. I’m not discounting that risk, but I normally don’t see it as aggressive.
Evan Nappen 33:17
Right now, the agenda is guns. Guns. They need to grab all the guns, and they’re working on it, as I’ve been explaining. Once they get rid of all the guns, then they can go after the knives. If you want to see that evolution, just look at the U.K. In the U.K., you see that’s exactly what happened once they stomped out everybody’s gun rights. Now it’s the entire anti-knife campaign, arresting people for knives. The Knife Act. You can’t have pointy kitchen knives. I had a guy at the Blade Show come up to me and said a cop confiscated his Swiss Army classic. The little, teeny Swiss Army that goes on a key ring because he was opening his mail with it in a coffee shop, if you can believe it. The cop said I could arrest you, you know, but instead, just he took it. How nice. He just confiscated his knife and left him with a warning. But this is what they’re dealing with in the UK, and we don’t need their nonsense coming here.
Evan Nappen 34:20
Here in America, we have Knife Rights (KnifeRights.org), which is a phenomenal knife rights organization. I’m counsel to Knife Rights, and they’ve got knife freedom laws passed across the U.S. It began in 2010 when we legalized and repealed all the knife laws in New Hampshire. Since then, many, many more states have done it. They’re challenging the Federal Switchblade Act. We need to repeal New Jersey’s idiotic knife laws, too. But, of course, with the politics in New Jersey, that’s going to be a bit before we can do that. But in the courts, progress is being made. I understand and appreciate your question, and I personally love OTF knives. I think it’s one of the best designs for a switchblade, because out the front is a very interesting knife. The blade stays fully contained in the handle, fully contained, so it’s protected. The spring is under no pressure until you actually use it. When you slide the button, that’s what actually, in some OTF designs, stretches the spring, and then it’s released, throwing the blade out. In other designs, the sliding of the button compresses the spring and then it’s released, throwing the blade out. Then the process is reversed, going backwards to throw the blade back into the handle. So, an OTF can sit in a closed position for years and years and years. The spring will never take a set because the spring is not being utilized until you’re actually running the OTF. That keeps the blade fully concealed so that it doesn’t get messed up, dinged up. You can effectively have a double edged knife because it’s completely covered. You can’t have a double edged knife on a folding knife because the sharp part will be sticking out. Only one edge gets protected by the handle of a knife in a folding knife, but in an OTF, the double edge is completely encapsulated and safe. So, there are a lot of advantages for OTFs, and they’re really a great design. And you know, some of the top makers are Microtech, Benchmade, Heretic, etc. The designs have just come so far, and they’re very exciting and very modern. If any of you ever watched John Wick, you see the effectiveness of OTFs, right?
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Evan Nappen 36:58
Hey, let me tell you the GOFU. This week’s GOFU, which is Gun Owner Fuck Up, and why do we talk about GOFUs? Because these are expensive lessons that you can learn for free and not repeat them. This week’s GOFU wraps right around to the beginning of the show and what the main topic of the show is. How New Jersey seizes guns. How they frequently do it. Their mechanisms for doing it. And if your guns get seized, the GOFU is if you anything that is a problem in your house, any of these things where Jersey has attempted to turn you into a criminal, whether it’s a magazine that holds more rounds, whether it’s some gun they’re intrinsically claiming is an evil black rifle with only one purpose, to kill hundreds of people. You know, whether it’s something that might have a stock that’s not approved, or maybe it doesn’t have a serial number. Oh, my God. You mean a privately made firearm, something Americans have been doing since before the country was a country? Yeah, you know, New Jersey turned that into a felony level offense as well. Then what you see is in the confiscation not only are your rights jeopardized and your ability to have guns jeopardize, but the GOFU is getting a further escalation to New Jersey’s serious gun laws. Even if they don’t criminally prosecute you, they will use the argument that you were in violation of New Jersey gun laws to disenfranchise you of your rights, to take away your guns and take away your rights. Beware, folks! Don’t make that GOFU.
Evan Nappen 38:49
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 38:57
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 E199_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.
He also provides expert testimony and consultations for defense attorneys across America.
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