Gun Lawyer

  Episode 306- Big Brother’s Eye on Guns Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 15 Gun Lawyer — Episode 306 Transcript SUMMARY KEYWORDS Gun laws, Second Amendment, Ninth Circuit, California law, Surveillance, FFL, Self defense, Firearm storage, Heller decision, New Jersey, Guillotine, Weapon definition, Propaganda, CDC data, Gun training SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 and I’m Teddy Nappen. Evan Nappen 00:21 and welcome to Gun Lawyer. Teddy, welcome back, you new father, you. And I’m the new grandfather. Teddy Nappen 00:29 Yes, I know, and don’t worry, all is good. Just sleep is for the weak. Evan Nappen 00:34 Ah, right, exactly, exactly. Oh my! And how is beautiful, Aliyana, doing? That cute little peanut that she is. Teddy Nappen 00:45 Aliyana is doing quite well. She is. Evan Nappen 00:47 And your lovely wife? How is she? Teddy Nappen 00:50 She’s doing also well. It’s definitely one of those moments when you see your wife holding your newborn child. Definitely that kind of spark. Oh yeah, very special, Evan Nappen 01:01 Oh yeah, very special, special. Teddy Nappen 01:02 Yeah, but they’re both doing quite well, and I’m eternally blessed for that. Page – 2 – of 15 Evan Nappen 01:08 That’s right. And we got the baby to the range. She did great on her first shooting experience there. Teddy Nappen 01:15 I know we took out. Evan Nappen 01:17 She got her CCARE. She’s good. She took out a Charter Arms .22. The trick was the range officer allowed us to just put up balloons to make it easier. It worked. Evan Nappen 01:19 She took out a Charter Arms .22. The trick was the range officer allowed us to just put up balloons to make it easier, and it worked. Evan Nappen 01:28 It was good. It was good. We start them young in the Nappen family. You know, you have to give one day of birth, and then you’re at the range. Teddy Nappen 01:40 There’s two things. Evan Nappen 01:41 Training begins. Teddy Nappen 01:42 The two things Aliyana will grow up with having. Number one, I want to teach her to be a critical thinker, and number two, all I can show her for self-defense. Everything I can for her to be a critical thinker. Evan Nappen 01:56 That’s right. And you do that for all kids. It’s a way of not being a victim, not being a victim. Critical thinking and knowing how to defend yourself – two very important things. Well, I’ve got to tell you, the Ninth Circuit in California had a very interesting decision. The reason I want to discuss it is, I believe this decision may give us hints as to what may be coming in New Jersey and other places. As we see the power of the newly, relatively speaking, empowered Second Amendment crushing gun laws that are literally over a century old, the anti-Second Amendment crowd, the Second Amendment oppressors, are, of course, looking for avenues to oppress our rights, and they have to work within this new framework. This decision out of the Ninth Circuit, I find of great concern because of its potential to possibly be utilized as a mechanism and tactic for the anti-Second Amendment Left. And what happened in the Ninth Circuit is an Appellate Decision, after the trial court in the Ninth, and what it did was leave in place California’s 24/7 gun store surveillance law. Page – 3 – of 15 Evan Nappen 03:31 Now you may say, okay, well that’s just gun stores. Yes, but it’s very easy to expand this, and I’m going to show you why this should be of great concern. So, let’s take a look at what happened in the Ninth Circuit with California law, and then I’m going to discuss where I think the gun rights oppressors may see an opening for shenanigans. We’ve got to be prepared and recognize that this could be a potential area of penetration where they will probably strike and try to oppress us. So, California, requires licensed dealers to video record and audio record. By the way, interior video and audio, and retain all the recordings for at least one year. Now I’m getting this, by the way, from a great article in AmmoLand by one of our favorite authors, John Crump, and it’s called “Ninth Circuit Leaves California’s 24/7 Gun Store Surveillance Law in place”. (https://www.ammoland.com/2026/08/ninth-circuit-leaves-californias-24-7-gun-store-surveillance-law-in-place/?utm_source=Ammoland+Subscribers&utm_campaign=fb0c8bc3fc-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-fb0c8bc3fc-21268623) Evan Nappen 05:02 The article discusses how a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld California’s controversial gun store monitoring law by a two-to-one margin. Now, the case is Richards v. Newsom. No shock that the defendant is Governor Newsom. And what happened in this case was brick and mortar FFLs, two home-based FFLs, gun rights groups, including GOA, GOC, CRPA, and SAF, and individual patrons of the shop, were all plaintiffs in this action. They challenged California’s law, which was enacted in 2024, that requires every California FFL to operate a 24/7 digital video system that also records audio inside the premises. Cameras must cover entries and exits, display areas, points of sale, and clearly identify people, and run at least 15 frames per second. They have to store footage for one year. In addition, dealers must post a conspicuous warning that says, in all bold, THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE. YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED.” Evan Nappen 06:49 At the District Court level, the level below the Appellate level, the law was found constitutional, and the plaintiffs then appealed to the Appeal Court in the ninth, which came out with this decision. It was a three-judge panel, and it was Judge (Lucy H.) Koh, Judge (Ana) de Alba, which were both appointed by Biden, and a Trump appointee, Judge Kenneth Lee. In this case, one of the claims they made was that this violates the Fourth Amendment. That’s the constitutional protection against illegal search and seizure, and the panel rejected the claim, saying that the dealers’ recordings are not themselves a Government search. There is no physical intrusion by the State, citing another case of Jones, and no government acquisition of data, citing two other cases of Carpenter and Chatrie. Dealers are not transformed into state actors by merely being required to keep cameras. Wow, let that sink in. And, of course, the two Biden judges rejected Judge Lee’s inspection theory on three grounds. And that is that the law doesn’t authorize inspections, though there are other penal code provisions that do, and that even if it did, the statute is facially valid under New York versus Burger because it limits who may inspect and what may be inspected. Page – 4 – of 15 Evan Nappen 08:45 The plaintiffs also claim that the law violated the Fifth Amendment takings clause. The Court said no good to that one as well. The majority, again, the two Biden appointees, said it’s not a physical taking. Dealers own and install the equipment, and the Government doesn’t occupy the premises. hey claimed it’s not a regulatory taking. That dealers in this heavily-regulated industry have reduced investment-backed expectations, and the alleged compliance costs, by the way, of $17,000, without a before and after value comparison, do not suffice. And the character of the action is a “public-safety regulation, not a physical invasion”. he Court also rejected the First Amendment claims, where the judge held that overbreadth fails because the statute doesn’t punish or regulate speech. The anonymity claim failed because one, no one must identify themselves, even though cameras must be positioned to identify customers easily. And the Association claim fails because membership is not compulsory, and it shot it all down. hen the majority also declined to adopt the dissent, you know, the good guys’ dissent of the right to receive and exchange information. They rejected that theory, claiming the plaintiffs didn’t raise it, and cited other cases that involved actual prohibitions. So, this is incredible. The one dissenting Judge Lee would have also held that inspection scheme violates the Fourth Amendment as applied to FFLs. There’s no time or place limits. So, agents could theoretically enter home at any hour to check the system, and they left the audio and visual surveillance requirement in place. Evan Nappen 11:08 Now this is California, granted, and this is, of course, on dealers. However, what are the requirements, constitutionally speaking, when it comes to firearm storage, and we’ll argue regulation? You see, we have heard rumors and things have been printed that one of the things that New Jersey is going to pass, particularly in response to the finding of unconstitutionality of both the assault firearm ban and the magazine ban is something having to do with storage. Well, I’m thinking that it probably isn’t simply going to be focused on storage, but may in fact try to utilize a visual and audio surveillance requirement as well, and place that upon anybody that possesses so-called assault firearms magazines, maybe even all guns. Who knows how far they’ll take it? Evan Nappen 12:20 If we take a step back and we look at the Heller decision, in (District of Columbia v.) Heller, the Supreme Court ruled, of course, that requiring lawfully-owned firearms in a home to be kept unloaded and disassembled, or bound by a trigger lock is a violation of the Second Amendment. The Heller Court found that this storage requirement was unconstitutional because it rendered firearms inoperable and prevented individuals from using them for immediate self-defense in the home. Scalia, when he wrote the majority opinion, said the Second Amendment protects the right to keep a working firearm ready for core lawful purpose of self-defense. Now, of course, if it’s surveillance, surveillance does not stop you from keeping the gun ready for lawful purpose of self-defense. t’s simply a surveillance and “security requirement”. Evan Nappen 13:36 Further, the court in Heller noted that the ruling did not cast out on certain other traditional regulations, stating that laws regulating the storage of firearms to prevent accidents under specific or different regulatory contexts were not necessarily invalidated by Heller. Scalia, when he wrote the Heller decisions, suggested that the Court’s analysis did not “suggest the invalidity of laws regulating storage Page – 5 – of 15 of firearms to prevent accidents”. When he talked about that distinguishing feature. He was drawing a sharp legal line. The Court did not say that all storage laws are unconstitutional. Instead, it distinguished between complete baseline disabling of a gun versus conditional safety rules. And you know how the Second Amendment oppressors always try to exploit to the max anything they’re given in any way, and this is an opening that I expect they’re going to attempt to. Evan Nappen 15:01 Let’s take a further look and elaborate. So, for example, the absence of a self-defense exception. ow, the fundamental flaw in the District of Columbia storage law was that it was an absolute 24/7 mandate. Well, in terms of the DC code, a firearm had to be unloaded and bound by a trigger lock, even if an intruder was actively breaking into the home. Now, Heller struck that absolute mandate down, but what Heller preserved was storage regulations that maintain a flexibility enough to allow a person to access and use their weapon dynamically when facing an immediate threat. So, it might still be able to require lock boxes that can instantly be opened. Let’s say with a fingerprint or something like that. This may be a direction they’ll go. Evan Nappen 16:11 There’s a distinguishing between immediate control and unattended storage. The lower courts heavily relied upon in the Heller quote to uphold secure storage and child access prevention, and New Jersey in fact has a law that says you can’t allow a minor to access a loaded firearm. But the crucial legal distinction is whether the gun is currently in use or whether it’s sitting unattended. One of the distinctions is the on-person distinction. In challenges that followed Heller, courts ruled that laws requiring guns to be locked up only when not under direct personal control of the owner are constitutional. So, they’re going to be exploiting that. f you’re awake and carrying a firearm or have it on your nightstand while home, that’s within your immediate control. But if you leave the house, if you well, if you leave the house and you go to sleep, and the children are present. The state has a valid interest in regulating the unattended storage to prevent an accidental discharge or theft. Teddy Nappen 17:30 So, my question would be, when it comes to, if they were trying to regulate, let’s say they force everyone to have, okay, you need to have X amount of storage. You need to have a safe in requiring of that. Could there be you’re putting the undue burden of saying, well, now you’re adding essentially a poll tax to a right? Evan Nappen 17:50 That may be one of the arguments about that. I’m not sure how that’ll play out. It’s interesting. Well, and the third thing to keep in mind in Scalia’s reference to “different regulatory contexts”, it means that certain storage laws can be tailored to high-risk environments and specific populations, and they’re historically and legally permissible. So, for example, commercial and public contexts, the Government can mandate strict storage requirements for commercial gun dealers, and California has completely exploited that. You know, usually to prevent like smash and grab robberies or public housing, military barracks, government workplaces, stuff like that. Then there’s preventing vulnerable access. And that’s laws specifically punishing gun owners if a child or legally prohibited person, like a convicted felon, can Page – 6 – of 15 gain access to an unsecured firearm and causes harm are widely considered valid under Heller. So, these do not ban self-defense. They penalize essentially negligence. Evan Nappen 19:04 This is the playing field that we’re going to see the antis try to exploit. And now you can combine that with possibly requiring 24/7 surveillance to the degree that it could be applied to an individual, even in their home. Because remember you had home-based dealers as well that were part of this that were trying to raise these claims. Now, granted, this is the Ninth Circuit’s view of it. New Jersey, frankly, has often taken a strong view when it comes to Fourth Amendment protections. But who knows whether their desire to have Second Amendment oppression will overcome their desire to have Fourth Amendment protection? We’ve got to be aware of this. Teddy Nappen 19:56 I would take it a step further, Dad. Now say, you need to have an AI program required for your camera, and now that AI can calculate and determine firearms, where they’re going, who has them, how many you have, and no longer need it. We’re always worried about Universal Background Check as the way of the national registration. Imagine an AI in every home, and it determines each firearm. There’s your national registration, and now they have their list to come collect them. Evan Nappen 20:26 And then it could be viewed at any time. You could see these things happen. I mean, it’s just outrageous the implications. This is very scary stuff when you combine the potential of a surveillance requirement and mandating alarm systems in a home. Cameras, audio, lighting-all these different things. To what degree can the Government extend its power in the name of public safety? Given what is apparently allowed and disallowed by way of Heller and subsequent courts’ rulings and determinations over those things. So, I see this as a new battlefield, a new front that we’re most likely going to have to be very much vigilant about and wary. I also can see this type of California law, at a minimum, applying to New Jersey dealers. At a minimum imposing and trying to create because New Jersey often follows California for their extreme gun rights oppression, and California often follows New Jersey for what they do. They work often hand in hand, and its extension to citizens is something we need to be very concerned about. Hey, Teddy. What do you have of interest in Press Checks? You had mentioned something that I thought was kind of fascinating, and it reminded me of the French Revolution. What is that you need to tell us about this? Teddy Nappen 22:24 As you know, Press Checks are always free, and this comes from the Capitol Police as they had to arrest. Evan Nappen 22:26 The Capitol in Washington D.C. Page – 7 – of 15 Teddy Nappen 22:34 Yeah. United States Capitol Police seized a guillotine, shot a man, and arrested him for carrying a dangerous weapon, for being in possession of a guillotine. (https://www.uscp.gov/media-center/press-releases/uscp-arrests-driver-guillotine-truckbed) Evan Nappen 22:48 Oh, a guillotine. How did he possess it? Teddy Nappen 22:51 In the back of his pickup truck. Evan Nappen 22:53 So, he’s driving around with the guillotine on the back of his pickup truck. Was he going to use it in a theatrical play or movie, or was he going to use it to make political speech, or did he actually want to start chopping heads? Teddy Nappen 23:09 There was no clarification, but he was just pulled over. There was this giant guillotine on the back of the truck. Evan Nappen 23:16 Could have been a Halloween display in advance. I mean, I don’t know. Well, you know, it’s an interesting kind of weird to say a guillotine is a weapon unless it’s being utilized as a weapon. I mean, what do, you know? What are you gonna say to somebody? You know, give me your wallet, or I’m gonna cut off your head. I mean, what? I don’t really see how. It’s not like it fires a projectile. It’s not like it’s easily carried in one’s pocket. How is it gonna qualify as a weapon unless it is somehow intentionally used as a weapon? Teddy Nappen 23:55 Here’s the problem, though, for the law. From what I was able to pull on DC. They have to prove that he’s able to carry the guillotine in order to charge him with that. Evan Nappen 24:09 Well, I guess it’s a vehicle-mounted weapon. I don’t know. But it’s not a weapon. It’s not firing anything. It’s not projecting anything. It’s harmless unless you actually get somebody to stick their head in it. Other than that, you know, it’s as much a weapon as somebody’s shoe is a weapon. You could take off your shoe and start beating somebody in the head. Now your shoe is a weapon, right? Otherwise, shoes just aren’t weapons. I don’t necessarily see how. If I was handling that case, I would immediately bring a motion that this doesn’t qualify as a weapon. Now, I don’t practice in D.C. So, I don’t know how broad their description of weapons are. But if we were to look at New Jersey, the best they could claim is that it falls under the “other weapons” section of N.J.S. 2C:39-5d. But even with that, the definition of weapon under New Jersey, I don’t even think it’s fitting it unless there’s some allegation that fits it under NJ’s definition of weapon and meets all the elements of it. Page – 8 – of 15 Teddy Nappen 25:33 I want to go a step further and just have someone drive a truck with like an electric chair on the back. Then have another one where he’s driving with the car, and it has the torture device that was used to stretch people. I’m just curious to like what does the extent of where do they can where do the line drawn is it just because it has a blade? Evan Nappen 26:03 Well, here’s where it gets odd, and it’s an interesting thing. Because New Jersey’s definition of weapon, which you’ll find under N.J.S. 2C:39-1r. says that a weapon means anything readily capable of lethal use or inflicting serious bodily injury. However, there are so many things out there. I mean, a kitchen knife, a chainsaw, a hammer, a golf club. I mean, it never ends because anything is readily capable of it. But you still have to fit into New Jersey’s other weapons. Because even before we go there, the term “weapon” under New Jersey law includes, but is not limited to firearms, even though not loaded or lacking a clip. They say a clip. Can you imagine this? I mean, magazine, but okay, or other component to render them immediately operable. Components which can be readily assembled into a weapon. I always hate a definition that tries to define it by using the term itself. That’s frickin’ useless. And then Teddy Nappen 27:30 Definition. Evan Nappen 27:30 And then, gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti, or similar leather bands studded with metal filings or razor blades embedded in wood. Well, that sure gives you a lot of great ideas. At least I give it credit there. But anyway, and stun guns or any weapon or other device which projects, releases, or emits tear gas or other substance intended to produce temporary physical comfort, discomfort, or permanent injury through being vaporized or otherwise dispensed into the air. But if you notice, all these things that they’re putting in this category of weapons require a person to use them in a way that an individual would be targeted for being struck or hit or cut. Evan Nappen 28:37 Whereas, a guillotine would require the person themselves putting their head into the guillotine, or being forced to put their head in a guillotine, and that seems like a bit of a challenge to still fit it under the definition of weapon. But even if it did fit under, just for argument’s sake, of being arguably a weapon because it’s capable of that lethal use, you’d have to say. But the definition of weapon isn’t the prohibition in New Jersey law. The prohibition for weapon you’ll find in the weapons prohibition statute, which is the 2C:39-5d. “Other weapons”. And 2C:39-5d. says other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree. It’s felony level offense, and it carries a year and a half max in State Prison. Evan Nappen 30:02 So, what would be circumstances not manifestly appropriate for such lawful uses as it may have? f you’re riding around with the guillotine, let’s say, for political speech purposes, which could be legit, or Page – 9 – of 15 you’re transporting it for making a movie, let’s say, or using it in a play or in a magic show. Okay, because there are magician guillotines. I personally have one called the Arm Chopper, where you do a whole routine where you get a volunteer, and you chop carrots with it. Then you put their arm in it, and it’s a whole fun thing. Of course, it doesn’t chop the person’s arm; it magically does not, and everything’s fine. en there’s another one. A guillotine version, magician, where when you chop it, it’s rigged so that the arm looks like it’s falling into the bag below, but of course it isn’t. Yet you can still lock it in place to cut carrots and demonstrate its effectiveness before you do the trick, you know. But there’s a legitimate, lawful purpose – a magician’s prop. Maybe you are into it for decorative purposes, for craftsmanship purposes. I mean. Teddy Nappen 30:03 You’re trying out a new thing. Teddy Nappen 30:03 You’re trying out a new Gallagher routine with watermelons. Evan Nappen 30:03 I don’t know, but this is intriguing to say the least. I’ve done a lot in almost 40 years of practicing this area of law, but I will have to say that I’ve yet to have anybody charged with possession of a guillotine as a weapon. But I’m ready to defend it; should it be necessary. But there you go. That’s a crazy, interesting story, Teddy. Thanks. Evan Nappen 30:03 Hey, I want to talk about our good friends at WeShoot. WeShoot is a range in Lakewood, New Jersey. That is a range where Teddy and I both shoot, and my family shoots, and my brother shoots. We love it. WeShoot is an awesome resource right there in Central Jersey, easily accessible right off the Parkway. You’ll love it at WeShoot. If you haven’t checked out WeShoot, you really need to. It is a great place, a special place. They have a fantastic state-of-the-art range, a great pro shop with awesome toys, and they can set you up whether you’re a beginner or advanced shooter. They can get you the right equipment, the right gear, the best ammo, best guns, right there at WeShoot, and the best people. They will help you and guide you so that you make the right choices for what your needs are. You need to go to WeShoot, try it out. You’ll see what I’m saying. Evan Nappen 30:03 You can check WeShoot out at weshootusa.com. They have a great website, beautiful photography. They pride themselves on their great photography. They have all kinds of great courses, not just courses, so you can get your CCARE and other certifications that you may need, and other courses for getting permits from even other states, but advanced training and other types of fun shoots and very Important advanced training, and if you are brand new, they can start you off right by learning the basics and beginning with proper instructions so that you don’t become a GOFU. It’s very important training and having a place to shoot. It’s critical in New Jersey, and WeShoot can give it all to you. So check out WeShoot at weshootusa.com. Page – 10 – of 15 Evan Nappen 30:03 Let me also shamelessly promote my book New Jersey Gun Law, the Bible of New Jersey Gun Law, used by, well, everybody that needs a gun law book. They’re using it, and you need to have one so that you don’t become a GOFU. I’ve taken great pains to explain the insane matrix called New Jersey gun law. It’s done in only five over 500 pages, but don’t let that intimidate you. It’s 120 topics all broken down in question and answer, so that you can even you can get an understanding of New Jersey’s insanity and so that you can protect yourself and stay legal. Go to evannappen.com, evannappen.com, and get your copy today. Evan Nappen 30:32 And, of course, we’re all very excited about the Federal Relief From Disabilities Program being reinvigorated by the Trump administration and the DOJ. It’s been 33 years since I’ve been able to help people regain their Second Amendment rights that may have federal disqualifiers. If you’d like to get a free evaluation of whether you qualify and what it can do for you, and what you need to know as its interplay with other states and Jersey law, and to see what it can do for you, go to evannappen.com, and you can fill out our little contact form there for getting federal relief. And if you need state relief, we do rights restoration, including New Jersey expungements, and getting rid of other disqualifiers that may be in your past, whether it’s old restraining orders or other things that create bars to the exercise of your Second Amendment rights. Go to evannappen.com and learn about those things. And feel free to get in contact with me. I’ll be happy to speak with you, or someone from my team will be happy to help you with your issues. And let me also mention that Teddy has other Press Checks. I’m sure. What else do you have? Teddy Nappen 36:34 This is the famous double Press Checks. I could not pass this one up. When I saw this article, I was shocked, and then reminded that the vast majority of the Left can’t be funny. If you go back to maybe the ’90s, and you’d have. Teddy Nappen 36:54 You laugh at them all the time, though, Teddy. Teddy Nappen 36:56 Yeah, we laugh at them. They try to be funny, and they try to joke on us. But they just come off as boring because comedy was always about pushing the envelope. The all-time favorite movies of comedy, like Blazing Saddles, or even like George Carlin’s bit, “Seven Things You Can’t Say on Television”. George Carlin. Evan Nappen 37:17 George Carlin. I saw him live twice. Yeah. Teddy Nappen 37:20 And you have, you know, Nick DePaolo, Norm Macdonald, people who would their whole idea was to push the envelope. Funniest man alive, Richard Pryor. These are all the ideas, and then comes to the Marxist Left. This is, you know, we’ve got to give it to The Trace, who decided to give them free Page – 11 – of 15 advertising. They decided to make a musical pushing to repeal the Second Amendment. (https://www.thetrace.org/2026/08/good-guy-with-a-gun-musical-interview/) Evan Nappen 37:48 Oh my God! A gun oppression musical. Teddy Nappen 37:53 A musical called “Good Guy with a Gun”. That is their comparison. Evan Nappen 37:57 That’s about as wokey as you can get. A musical doing this. Teddy Nappen 38:02 It’s gay. It’s really gay. Evan Nappen 38:05 Oh my G-d! Teddy Nappen 38:07 And going through this. By the way, you can go on Spotify. You go wherever they have the song list. You can listen to it if you want to. Evan Nappen 38:16 Oh, that’s it. I want to listen to anti-Second Amendment songs. Teddy Nappen 38:20 Yeah. Songs, yes. Evan Nappen 38:23 What are they trying to do this like the other play? What was it that going after or mocking Mormons? Teddy Nappen 38:30 Yeah, the Book of Mormon. It was. Evan Nappen 38:31 There you go. Right. This is the Left’s one of their tools of pushing their agenda is doing. Yeah, I know, real, Teddy Nappen 38:40 Real, real stunning and brave to mock Mormons and going after the Second Amendment. Now, do one on Sharia law and see how that goes. Evan Nappen 38:51 Oh yeah, right. Yeah, that’ll go over big. Sure. Yeah, that’ll be the yeah. Page – 12 – of 15 Teddy Nappen 38:57 Or what is the Chinese play where it’s China before communism, where Chinese have actually sent agents to attack their bus, and do stuff like that. But here. Evan Nappen 39:10 That’s really edgy. Teddy Nappen 39:12 Yeah, no kidding. Evan Nappen 39:13 You know, not this stuff. That’s just you know agenda driven with just another potential way of somehow getting their effed up message implanted. Teddy Nappen 39:27 Yeah. So, they got a bunch of F tier celebrities who wanted to show their virtue signal. They took a pay cut, so they would do this play out of Los Angeles, of course. It is a theatrical concept, billing it as the Book of Mormon for the NRA. The action satire swells on the day the Second Amendment is wiped away, and the numbers reminiscent to Les Misérables begins with the right winger singing, “The day that we’ve always feared the liberals have come to take our guns away. Then comes a brief monolog from a Cockney woman spiles into mania. They came in the night. They took the little ones, the Glocks, the small handguns you keep under your pillow. It was invasion of basement of ant and basement and antics violated antiques violated. Evan Nappen 40:15 Well, they think it’s really hilarious that they’re going to come for the little ones, the handguns”, and then build up from that. That’s so funny, Teddy. It’s just so funny the way they crush our rights. Teddy Nappen 40:29 Well, you have this. It’s the screeching Left who still believe in going after the little ones. Just look at Lindsey Clancy. But anyways. The whole and going I love how they like say this famous actor from “This Is Us” and this other lady from “Orange is the New Black” and the way there and George voice the voice of God was George on Seinfeld. Okay, cool. The whole plot is the character gets a magic gun that turns people conservative. His daughter gets a magic megaphone that turns people liberal, and the antics ensue. In the end, they go into the whole article about the whole point is to dispel the myth of the good guy with the gun. Evan Nappen 41:11 Oh, the myth of the good guy with the gun. Like all these folks that have made a difference in stopping crime, criminals, terrorism that are average citizens, that no longer want to be victims but have chosen to be defenders. And not just defenders of themselves, but defenders of others. As a matter of fact, Teddy, this goofy crap by them on the play, but weren’t you telling me about that very fact? About the difference being made by people that try to stop, for example, mass shootings? What were you telling Page – 13 – of 15 me about that? Let’s talk about good guy with a gun. What have we learned about good guys with a gun? Teddy Nappen 42:02 So, the CDC again have added the data showing that it’s two. Evan Nappen 42:06 And this is their data from the CDC? Teddy Nappen 42:08 Up to 2 million self-defense uses of a firearm. Self-defense uses. That doesn’t even mean pull the trigger. Defensive uses of a firearm. Evan Nappen 42:18 Right. Just the mere presence of a firearm. Teddy Nappen 42:19 So, if it saves one life . . . how about 2 million? Two million lives saved! That is from the CDC’s website. Also the fact that they are now including the FBI reports showing mass shootings. Now they’re showing civilian intervention and stopping the bad guy. Evan Nappen 42:35 You mean, good guys with a gun, or good guys no longer wanting or agreeing to be victims, and good guys making a difference, right? Teddy Nappen 42:47 Yeah. This is something to where they are. This is a logical fallacy right here. It’s called false premise. They’re starting with a false premise, believing that there’s never any good guy with a gun. Even though we can clearly debunk that immediately just by that argument. But going into this whole insanity of the play, I want to remind you all. This is what they’re about. This is what they try to do through propaganda, and yeah, it’s in the gayest way possible. And I’ll take the citizen vigilante that’ll probably sell out more than this play out of. Evan Nappen 43:21 Well, that’s the crazy thing because movies and other things that were not necessarily designed to be propaganda, but that have the message of individuals who fight back. I mean, you can look at “Red Dawn”, which is still considered a classic today, and what was that? Individuals fighting back. You can look at virtually the entire genre of westerns is the individual who fights back. I mean, that’s what we’re really about. Teddy Nappen 43:55 The funniest scene I ever saw for this as a pro gun argument was in the movie “Death Proof”. It’s rated as one of the worst for Quentin Tarantino. I happen to like it. Page – 14 – of 15 Evan Nappen 44:07 I enjoyed Death Proof. I like the music, too. Teddy Nappen 44:07 Oh yeah, it was good there. Just seeing Kurt Russell play a weird twisted serial. Evan Nappen 44:16 Oh my G-d, yeah, did he ever. Teddy Nappen 44:17 There’s one scene where it’s the four girls are sitting on the table. They’re having a discussion. That’s what Quinn Tarantino always does: is having table conversations. The one girl says, “You still carry a gun? Why do you do that? And it’s like, “Why not?” And goes into that whole argument of where, like, “Why you don’t you know you can risk that? You know what I want? I want to carry my gun. I want to go where I’m able to go. I want to be able to defend myself, and she makes and hits home every argument. Where then they say, “What about pepper spray? I don’t want to give them a rash. I want to put them down. Like that’s the whole. Like they’re trying to be satirical. They’re going to be showing it. Evan Nappen 44:55 Big spoiler is that’s what she uses. Yeah, saves the. Teddy Nappen 45:00 hoots it. Shoots at Kurt Russell to get him to go away to save the girls. So, it’s one of those demonstrations. But even I’ll even give it another way, just satirical. Always Sonny did the exact thing where you have two both sides, ones for pro, ones against, and the anti side is like it’s so easy to get a gun. Both of them get denied their background checks immediately. Then they try, and then immediately try to go to a gun show, and they’re trying to do under the table. And the gun dealer’s like, “No, I’m not going to do that. And finally, they try to do a deal to buy it from an illegal alley, and that falls through, and to the point where they’re arguing. They see like, wow, it really is hard to get a gun. Then we realize, and it’s satirical because they show it in a way. This one here in the whole article, they’re trying to like joke on the liberals by she shops at Trader Joe’s. If you’re using a bazooka on one side and a squirt on the other, it’s you’re not both sizing it very easily. Evan Nappen 46:00 Right. Well, that’s not their goal, but that is really interesting. But I don’t think that play will be coming to a playhouse nearby anytime soon. And if it is, it’ll be a financial failure. Teddy Nappen 46:12 Remember, this is the Left’s game, though. Do you remember when they did Julius Caesar? They dressed him as Donald Trump. This was in 2017. In the play where he’s killed. In the play where he’s violently stabbed to death. Evan Nappen 46:15 No, gee, what were they trying to say there? I wonder. Page – 15 – of 15 Teddy Nappen 46:31 Yeah, exactly. And then you have the New Yorker here trying to say, it’s hardly bears the point that art is not life. I love how they play that game every time. Oh, really? Okay. Now cast Ryan Reynolds, Ryan Gosling as Black Panther for in Wakanda. Then tell me it’s not that. No big deal. I love how they always bring that up when it comes to oh art takes that. Cut to the musical of assassins that they had to cancel after the first attempted assassination. Evan Nappen 47:06 Yeah. Teddy Nappen 47:06 Where it’s a musical about Evan Nappen 47:08 Yeah. This is part of their M.O., and it’s disgusting. Well, Teddy, thanks for bringing that to our attention, so we know what play we’re going to never get a playbill for or see. Now, I’ve got to tell you about this week’s GOFU. You know the GOFU is Gun Owner Fuck Up. It’s where gun owners make mistakes that can cost them their freedom, their firearm rights. It cost them a lot of money, and you get to learn for free, so you don’t become a GOFU. And this week’s GOFU is really basic. Some of you listening may say, “Really, seriously?” I’m telling you, why am I talking about this? Because my friends, I get the phone calls. I get the phone calls from the GOFUers. I get those calls. Evan Nappen 48:01 This week’s GOFU is real simple. Practice your draw. Know your firearm. Okay, simple. Practice drawing and firing if you’re carrying. Practice reholstering. Practice it with an empty firearm. Make sure you are proficient in how to handle your specific firearm and know your gun. Know how it operates. You know, some guns have manual safeties. Some guns do not. Know your gun. Know how to use it. Practice and train. Not just on shooting. Not just on hitting the target. But practice on understanding the function of your gun – the loading, the unloading, how to absolutely know it’s empty. How to work your gun and how to draw your gun. How to holster and unholster your gun. Make sure you’ve practiced that with a safe, empty firearm. That you’ve had the right training. That you’re doing it properly, and that you are proficient in that. Because if you’re not and you have a problem, if you have an A.D., if you have some issue, you’ll become the next GOFU, and I don’t want to see that. Evan Nappen 49:35 This is Evan Nappen and Teddy Nappen reminding you that gun laws do not protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 49:48 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 S5 E306_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. Email Evan Your Comments and Questions  [email protected] Join Evan’s InnerCircleHere’s your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

  Episode 305-BACK TO BASICS Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 9 Gun Lawyer — Episode 305 Transcript SUMMARY KEYWORDS Gun laws, New Jersey, Machine guns, Handguns, Rifles, Shotguns, Assault firearms, Legal exemptions, Carry permits, Firearm ID, Second Amendment, Defensive use, CDC data, Gun rights, Application errors SPEAKERS Evan Nappen, Speaker 2 Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. So, my cohort in crime, Teddy, will not be joining us on the show today because Teddy is a brand new daddy. That’s right, he’s a father of a beautiful baby girl, which of course makes me a grandfather. Oh my God, I can’t even believe I’m saying that. She is just cute as a button, and I’m not just saying that because it’s my granddaughter. She really is. Her name is Alianna, and we are all so excited and happy about this. I can’t even begin to tell you. But Teddy has got his hands full with his beautiful wife and his beautiful new daughter, so I will be flying solo today with you. Evan Nappen 01:17 at I want to talk about is something important for gun owners in New Jersey to know, and even outside New Jersey. And that is the basics of how New Jersey bans all guns, and then creates a legal system that essentially allows and permits possession by exemption. I think this is why the entire foundation of New Jersey gun laws can eventually be completely wiped out because it takes what is a constitutional right and just reverses how that right is supposed to work. But nonetheless, the law is something you need to understand in New Jersey. And for those who don’t live in New Jersey, you want to understand this so you don’t ever see this happen in your jurisdiction. Evan Nappen 02:18 he place to begin is under New Jersey law, under N.J.S. 2C:39-5 (Unlawful possession of weapons.). Now, the 39-5. gun laws in New Jersey are where you see basically every firearm banned. Then the exemptions get created in two ways that essentially permit limited possession. It’s really insane when you think that a constitutional right is treated in this way, but yet it is. So, let’s take a look, beginning with 39-5., 2C:39-5. Now, subsection a. is a ban on machine guns, and what it says there is that any person who knowingly has in his possession any machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so pursuant to (2C:)58-5, is guilty of a crime of the second degree. So, the only way to possess a machine gun in New Jersey is if you have a 58-5. machine gun license, and the machine gun license historically has been an impossibility to obtain. Page – 2 – of 9 Evan Nappen 03:51 But interestingly, I think we’re going to see some serious challenges because the way New Jersey structured this law, the machine gun license required you first to get a carry permit. At the time, virtually no one could get a (New Jersey permit to) carry. Now, over 100,000 Jerseyans and non-residents do have carry permits, and the standard that you’re left with the machine gun license is quite bizarre of having to show somehow it’s in the public interest for you to have it. And that’s absolutely contrary to Bruen, but for now, the number one thing to keep in mind is the machine gun prohibition does not have any other exemptions within New Jersey law. Only this license is the exemption. And when I say no other exemption, I’m talking about for an otherwise law-abiding citizen to possess. There are exemptions for certain military, police, etc. There’s exemptions even for dealers, but we’re not focused on that. We’re focused on other normal, law-abiding, average citizens. So, forget about it for machine guns. Evan Nappen 05:02 But let’s move now to the b. section of 39-5. Now that’s one that applies to a hell of a lot of folks in New Jersey. The b. section of 39-5 is handguns. Listen to how New Jersey bans handguns. New Jersey’s law says: Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without having first obtained a permit to carry the same as provided in (2C:)58-4., is guilty of a crime of the second degree. Let that sink in, folks. The only way you can lawfully possess a handgun, possess. We’re not even talking about carry. The only way to lawfully possess that handgun on the face of the statute that prohibits the possession of a handgun is if you have a (New Jersey) permit to carry a handgun. Evan Nappen 06:06 Now I know there are a lot of folks out there that don’t have permits to carry that simply acquired a handgun with a permit to purchase a handgun. So, how can this be? How can you lawfully possess that handgun if you don’t have a carry permit when the statute requires you to have a carry permit? And if you don’t have a carry permit, you’re guilty of unlawful possession of a handgun right on the face of the statute, which is an extraordinarily serious offense. Unlawful possession of a handgun in New Jersey is a second-degree crime. New Jersey doesn’t use the term felony. They use the term crime, but it’s the equivalent of a felony. You can think of it in that way. It carries up to 10 years in State Prison, and it has a minimum mandatory three and a half years under what is called the Graves Act. Where if you’re convicted of unlawful possession of a handgun after a trial, a judge has absolutely zero discretion and must impose at least three and a half years as a minimum component of your sentence with no ability to be paroled. You do every day of that three and a half years before you’re even eligible for parole. Evan Nappen 07:31 So, since you have to have a carry to possess it, what about everyone who doesn’t? Well, the answer to that lies in the exemptions, and we’ll get to the exemptions in a moment because we’re going to talk about exemptions. But right now, we’re just talking about the statute itself that mandates a (New Jersey) carry permit in order to legally possess a handgun. Under subsection c., is rifles and shotguns, and there it says: any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearm purchaser ID card in accordance with (2C:)58-3, is guilty of a crime of the third degree. So, that makes it a third degree crime, up to five years in State Prison, if you have a shotgun or Page – 3 – of 9 rifle without a firearm ID card. The law goes further to say, unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime in third degree. So, what about those that possess rifles or shotguns without a firearms ID card? Well, on the face of this statute, you’re looking at up to five years in State Prison. However, we’re going to discuss the exemptions, and the exemptions are critical in understanding how these possessory laws actually work. Even though the exemptions are technically a defense that you, as a law-abiding citizen, can be put to the proofs where you have to prove the defense. Evan Nappen 09:03 Then there’s subsection d. of 39-5. Subsection d. is “other weapons”, and that says: any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have, is guilty of a crime of the fourth degree. So, that’s up to a year and a half in State Prison for any “other weapon”, anything that may be construed as a weapon, if it’s possessed under circumstances not manifestly appropriate for such lawful uses as it may have. Look at that vague, ridiculous language there. So, anything that can be construed to be a weapon, and then the circumstances not manifestly appropriate become subject for a jury trial. So that 12 people who aren’t smart enough to avoid jury duty get to decide whether those circumstances were manifestly appropriate or not. Isn’t that cute? And you need to further know that New Jersey case law, through Kelly and Montalvo, they found that the so-called circumstance is not manifestly appropriate for such lawful uses as it may have. In Kelly, the court specifically found that self-defense was not a manifestly appropriate lawful use. Imagine that! You cannot preemptively arm yourself with a weapon under Kelly. Self-defense doesn’t cut it. But then Kelly got modified with Montalvo. If it’s in your home, if it’s in your home and you have it for self-defense, then the court actually finally came to its senses, at least on that, and said, yeah, self-defense possession in your home is manifestly appropriate circumstances, but not outside the home. So, we still need a case that says outside the home, where you’re lawfully allowed to use self-defense, where you have a right to self-defense. That even outside the home, it’s a manifestly appropriate use for any other weapon. We’ll talk more about that one in the future. Okay, but there you go. Those are the prohibitions. Evan Nappen 11:32 Then, of course, we have the infamous subsection f., and that’s where assault firearms are banned. It says: any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree. Again, that draconian Graves Act, up to 10 years, minimum mandatory three and a half. Except if the assault firearm is licensed pursuant to (2C:)58-5. And by the way, that’s the same license as a machine gun license, which virtually no one could ever get. Or rendered inoperable, and that render inoperable period went from May of ’90 to May of ’91. And you had to do a rendered inoperable form. If you didn’t do it then, you’re out of the box. You couldn’t do it. Or if it was registered. Again, that registration period expired back in ’90. It may have ’90 to ’91 as well. So, assault firearms became prohibited with no way of making them lawful after May of ’91, unless you could somehow get an assault firearm license, which was a de facto impossibility, a de facto ban. Evan Nappen 12:52 In fact, as determined in the federal court decision Coalition versus Florio that I brought, it was determined that it was a de facto ban. So, that license is known, you know, essentially it was viewed as Page – 4 – of 9 fake in so many words. You know, yeah, good luck. Like it was just structured to be an impossibility and even recognized as such by essentially by the court. So, if you had an assault firearm, there was nothing that could be done there. Exemptions that we’re going to discuss next do not apply to assault firearms. he exemptions only apply to B, C, and D. So remember, B. is the ban on handguns unless you have a (New Jersey) carry permit. C. is a ban on rifles and shotguns unless you have a firearms ID card, and D. is a ban on “other weapons” without manifest lawful purpose. Evan Nappen 13:52 However, what the statute in 39-5 does not reference, but you need to know, is that under N.J.S. 2C:39-6, you will find an entire host of exemptions. There’s exemptions for law enforcement, military, all kinds, tons of exemptions. But the exemptions that have the most bearing to the average, law-abiding citizen, they’re found in subsection e. and subsection f. of the exemptions. Let me read you what these exemptions say. The exemptions say that nothing in subsection b., c., and d. of 39-5, so that is handguns, rifles and shotguns, and other weapons under the 39-5 ban, shall be construed to prevent a person keeping or carrying about the person’s place of business, residence, premises or other land owned or possessed by the person, any firearm, or from carrying the same, in the manner specified in subsection g., which is unloaded and in a case or in the trunk, or in a securely wrapped package, from any place of purchase to the person’s residence or place of business, between the person’s dwelling and place of business, between one place of business or residence and another when moving, or between the person’s dwelling or place of business and place where the firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location. Evan Nappen 15:42 So, subsection e. of 39-6 exempts law-abiding citizens in New Jersey for possession of handguns, rifles and shotguns, and other weapons in their home, and you do not need a (New Jersey) carry permit. You do not need a firearms ID card. You do not need to have manifest lawful purpose, so-called. As long as you are simply possessing in your home, you are exempted from those requirements under 39-5. It is a law that allows possession by exemption unless one has licenses, and if you have licenses, then you’re exempt under the face of the statute. And if you have a license and you’re within exemption, you have double protection, essentially. And the exemption under subsection e. applies to home. It applies to place of business. Now that means a business you actually own. It’s not just the place you work. It’s got to be your place of business that you own. The courts have narrowly interpreted it to mean that. Not even a place you just manage. You’ve got to be an owner. It’s got to be your business. But if it is, then you have exemption there. You’re exempted for moving between your residences while moving, etc. That’s the exemption under subsection e. Evan Nappen 17:22 Then there’s an exemption under subsection f., and f. again exempts b., c., and d. of 39-5; handguns, rifles and shotguns, and other weapons under 39-5. ere the exemptions say that those prohibitions shall not apply to any member of a rifle or pistol club organized in accordance with the rules prescribed by the National Board for Promotion of Rifle Practice, in going to or from a place of target practice, carrying firearms necessary for target practice, provided the club has filed a copy of its charter with the superintendent and annually submits its list of members to the superintendent, and provided further that Page – 5 – of 9 the firearms are carried in a manner specified in subsection g., which is, of course, cased and unloaded. Evan Nappen 18:08 Here’s another exemption under f. under subsection (2). A person carrying a firearm or knife in the woods or fields, or upon the waters of the state for the purpose of hunting, target practice, or fishing, provided that the firearm is or knife is legal and appropriate for hunting and fishing purposes in the state, and the person has in the person’s possession a valid hunting license, or with respect to freshwater fishing, a valid fishing license. Number three, a person transporting any firearm or knife while traveling directly to or from place for purpose of hunting, fishing, provided you have a valid license, or directly to or from the target range, or other authorized place, for the purpose of practice match target trap skeet shooting expeditions. Provided during that whole time you’re transporting, you’re transporting pursuant to subsection g. Evan Nappen 19:18 So, the takeaway here is how New Jersey bans essentially all guns, and how the matrix is set up so that there are exemptions. Exemptions that we’ve just talked about. But keep in mind that the exemptions are a defense. The burden becomes on the defendant to have to prove that you’re within those exemptions. Otherwise you see bans. Bans that have only exemptions by way of licensing, unless you fall within those specific statutory exemptions. I think that structure is frankly disgusting as to how a constitutional right is and has been treated by New Jersey. But because of that structure, I also believe that we have a fantastic opportunity now as we see the empowerment of the Second Amendment to finally take out and take down the very foundation of New Jersey’s oppressive gun laws. Evan Nappen 20:36 By the way, I want to give you just a little heads up about a threat that is apparently lurking. This is weird and odd. I can’t hammer it down any more than what I’m going to tell you right now. But the news aggregate source called the Daily Caller, some of you may be aware of it, had an article that says “Anti-2A Group Plots New Gun Ban in New Jersey”. (https://dailycaller.com/2026/08/26/anti-2a-group-plots-new-gun-ban-in-blue-state/) This is August 26, 2026, by Harold Hutchison, who is a Second Amendment reporter that says the gun-control organization March for Our Lives, that’s the group headed up by that A one a hole of David Hogg. His group sent out an email fundraiser announcing plans to pass a weapons ban in New Jersey. And reading this is just bizarro. Remember Hogg has made his entire life and career over being a perpetual victim from the Parkland atrocity, and he’s an insane Left wing activist. By the way, if you’ve ever seen the stuff that he puts out. But anyway, this group uses this term “weapons of war”, “weapons of war”, and says, “The proposed weapons ban in New Jersey is a vital step toward getting weapons off our streets and protecting our neighborhoods from preventable tragedy.” This is a fundraiser being done by this group. Evan Nappen 22:49 When you look at the actual screenshot here from March for Our Lives, here’s what this screenshot says. From March for Our Lives. “We’re bumping this to the top of your inbox because we have a genuine, high-impact opportunity to push real gun safety forward — and we can’t afford to miss it. Right now, New Jersey lawmakers have a chance to pass critical legislation banning weapons of war from Page – 6 – of 9 our communities. When our generation first marched in 2018, people told us we were just angry kids who didn’t understand how politics worked. But together, we’ve proved that hope isn’t just a feeling — it’s an action.” And then it goes on to say, “From helping establish first-ever White House Office of Gun Violence Prevention to passing landmark federal legislation, we’ve seen what happens when young people organize and demand a better future. Passing this weapons ban in New Jersey isn’t just about one state — it sets a benchmark for the entire nation and proves that progress is unstoppable when we stand together.” Then it all says, “Will you take 10 seconds to add your name and show support for the NJ weapons ban today?” Evan Nappen 24:19 Okay. I’ve got to tell you, folks. I have no clue what the hell they’re talking about. First of all, New Jersey already has the most egregious assault firearm ban on the books and that has just taken a death punch by the Third Circuit Court of Appeals en banc with the magnificent decision wiping it out under the Second Amendment with both mags and guns. Now, granted, it is stayed at the moment because the Supreme Court has also taken up this issue. But what the hell are they talking about? New Jersey’s law is on its deathbed. It’s on life support, barely. Soon to die, and they’re talking about legislators in New Jersey promoting some weapons ban that they’re fundraising on. This is either complete fraud, which who knows with those people, or absolute mistake that they’ve confused states, I guess. Or maybe, just maybe, something else is cooking up in the New Jersey legislature. Maybe they’re tipped off to it, and I can’t find it anywhere. Maybe they’re going to try doing a kicking and screaming routine, just like they did after Bruen permitted carry and made it so New Jersey had to issue carry permits. And maybe now we’re going to see some evil plan after New Jersey’s assault firearm law bites the dust. So, this is maybe a load of B.S. nonsense. But then again, maybe it’s something out there, and we should be ready. hey may be trying to pull another Carry Killeresque maneuver on us. I don’t know, but stay tuned. As soon as we hear about anything that we can pin down, we’ll be sure in letting you know about it on the show. Evan Nappen 26:36 Hey, I want to tell you about our good friends at WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. It’s the range where Teddy and I shoot, and where we train. You’ll love it at WeShoot. It is the greatest range in New Jersey. We just can’t get enough of WeShoot. I know you will really appreciate having a tremendous resource right there in Lakewood, where you can get your training, get your certificates, practice, have state-of-the-art range facilities, a great pro shop, awesome deals on guns and gear. As a matter of fact, they are offering, as we speak, the Canik Mete MC9LS, which is the 2026 Signature Series called “Drip”. It’s pretty cool. You’ve got to see the graphics on the Drip. They also have a Mossberg Silver Reserve Field. Now this is Mossberg’s over and under, very cool, and it’s a great way to get into an over and under shotgun. They also have Precision Firearms, PF15F. That’s your AR-type platform right there at WeShoot. You can go there, check out these guns and so many others. They’re also running their great programs. They have their range safety officers. They’re there with amazing skilled trainers. I’ve got to tell you, folks, make sure you check out WeShoot. You can find them online at weshootusa.com. weshootusa.com. And I know you’re gonna love their website. They’ve got beautiful photography. They really do take extra pride in what they post and how they make their website. You need to check it out and see what I’m what I’m talking about. And their instructors are just fantastic. I have always admired just the unbelievably great professionalism, courtesy, just the way they Page – 7 – of 9 treat their customers. You will be treated like gold at WeShoot. WeShoot is the best. o to WeShootUSA.com. Evan Nappen 29:22 Hey, I also want to not only shamelessly plug my book, which is New Jersey Gun Law, the Bible of Jersey Gun Law. The indispensable guidebook to helping you navigate New Jersey’s insane matrix of gun laws. It’s all set up in a question and answer format. I also want folks to know that the DOJ has opened up the Federal Relief from Disabilities Program. I’ve been waiting 33 years to be able to do this again, and that is be able to get people’s gun rights restored. That have had federal firearm prohibitors. This will restore your federal gun rights, and it is great. We really owe it to the Trump administration for reopening this program that was killed in ’93 by Chuck Schumer. For 33 years, people have been unable to regain their Second Amendment rights under federal law, if they had prohibitors. o, if you or anyone you know might be eligible, go to my website, go to EvanNappen.com. You can buy my book there. You can also read about the federal relief from disabilities. This is very hot, big stuff going on because the online portal is going to open shortly, and you want to be ready. You want to have counsel, and there’s a lot that has to get done so that we can get you in. They’re talking about probably a million people needing to get their rights restored, and it’s going to be quite a logjam. So, the sooner you’re in, the sooner you can get your rights back. I’d highly, highly recommend taking action and checking it out. Go to evannappen.com, and I’ll be happy to speak to you about your specific situation and if it’s applicable for you. Evan Nappen 31:40 Hey, I have some good news, and the good news is that the CDC, you know, the CDC, who’s currently headed by Robert Kennedy, and CDC that is now under the Trump administration. Well, guess what they did, folks? They restored defensive gun use data after Biden scrubbed it and covered it up because they didn’t want that really great important information being out there about how many lives guns save, so the corrupt Biden administration just said we’re not going to talk about it. We’re going to wipe it out. We’re not going to put that out there anymore. We’re only going to talk about guns are bad, and not ever talk about why guns are good. Well, it’s a new day. It’s a new administration, and that information has now been put back. I’m talking about an article here from Ammo and. (https://www.ammoland.com/2026/08/cdc-restores-defensive-gun-use-data/?utm_source=Ammoland+Subscribers&utm_campaign=b4aea4936c-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-b4aea4936c-21268623) Evan Nappen 32:56 We love AmmoLand, and this article is by John Crump, who is also one of my favorite authors at AmmoLand. John says that under the Biden administration they had removed the data, and the studies have shown that guns were used in self-defense between 60,000 times and 2.5 million times each year. Think about that, folks. 60,000 to 2.5 million times each year, guns are used in self-defense. So, even at the low range, that dwarfs the number of guns used in murders, which is approximately 15,000. Okay, dwarfs it at the lowest numbers. It approaches or exceeds the total number of gun deaths per year, which is around 40,000, according to Pew. The wide range of estimates is because of different methodologies used. So, the lower figure is drawn on the National Crime Victimization Survey, while the higher figures primarily stem from surveys conducted by criminologist Gary Kleck in the 1990s. Page – 8 – of 9 Evan Nappen 34:41 Now, a National Academies of Sciences report commissioned by the CDC itself in 2013, this is a CDC commission study. Referenced this range of 60,000 to 2.5 million defensive gun uses annually. But in 2022, with pressure from anti-gun groups such as the Gun Violence Archive, the Newtown Action Alliance, and GVPedia, in a private meeting, the CDC scrubbed the website of defensive gun use information. Through a Freedom of Information Act, they revealed that the removal was purely political, folks, and this is all according to emails that Senator Grassley obtained. One of these things here argued, and this is quoting from that email in the article by Mr. Crump, and it says. Get a load of this. This is from the antis here. “That 2.5 million number needs to be killed, buried, dug up, killed again, and buried again.” Mark Bryant, executive director of Gun Violence Archives, wrote to the CDC in one of his emails. See that? They don’t like it, man, when you’re showing that guns save lives. We can’t have truth out there. We can’t have the actual information about how people don’t want to be victims but would prefer to be defenders and live. Right? That’s Biden’s administration for you. That’s the corrupt, evil Biden administration for you, removing that information. Trump and his administration have put that data back public so you can see it and you can read it. Keep in mind that’s the CDC removing specific numeral range and the link from their own research, folks. But now, under Trump and Secretary Kennedy, the CDC is returning the statistics to its firearm injury and death page. The restored language again makes it clear, points it out that defensive gun use varies by studies, and it ranges from 60,000 to 2.5 million per year. That is awesome, and that information belongs out there. Evan Nappen 37:43 Hey, let me tell you about this week’s GOFU. GOFUs, as you know, are Gun Owner Fuck Ups. It’s where gun owners make expensive mistakes, real mistakes that I hear about and try to help them. But it’s a chance where you can avoid them for free, and this week’s GOFU has to do with references on your gun application. When you need references, please clear your references in advance. Make sure your references know you’re going to use them as a reference. I’ll tell you, we may have mentioned this before in the past, but it can’t hurt to mention it again. They’re going to get an email requesting to know how long they’ve known you and whether they have any issues with you owning guns. I get cases where people don’t bother to clear it, don’t realize the person is anti-gun and doesn’t think anyone should have a gun, or has some problem being a reference. You don’t want to have that problem. Evan Nappen 38:48 Yet recently, I’ve heard of even a worse problem, and this one is just mind-boggling. I’m still going to put it out there as a GOFU for folks because don’t ever do this. Don’t make up false references. Yeah, I’m not kidding. Do not fill out a gun application with fake references. I can’t believe I even have to say this. But do not fill out a gun application and make up phony references because your phony references are going to be contacted, and that’s called falsification of the application. It’s a crime to do that. Third degree. You’re looking at five years in State Prison. Plus, it’s really stupid, and you’ll get denied your gun license. I mean, okay, do you have to write that one down? Not to put fake references on your application? I hope not, but it’s a GOFU. Make sure you’re good about your references and clear them in advance. Only put real ones down, folks. Page – 9 – of 9 Evan Nappen 39:54 This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 40:05 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 S5 E305_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. Email Evan Your Comments and Questions  [email protected] Join Evan’s InnerCircleHere’s your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

  Episode 300- Do Not Engage in “Maritime Salvage” Just Yet.  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer — Episode 300 Transcript SUMMARY KEYWORDS New Jersey gun ban, Third Circuit Court, Second Amendment, Judge Friedman, assault firearms, large capacity magazines, Supreme Court decision, July 31 date, mandate, stay of implementation, common use, federal gun laws, interstate commerce, carry permit, socialism. SPEAKERS Teddy Nappen, Speaker 2, Evan Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:23 And this is Gun Lawyer. I need to give everyone a warning. Do NOT engage in maritime salvage from boating accidents until given the all clear. Teddy Nappen 00:39 You might find a few bodies in Jersey. Evan Nappen 00:41 Well, the reason for this is, of course, we’re all extremely excited about the Third Circuit Court of Appeals en banc decision killing and pronouncing dead the New Jersey 36-year-old ban on so-called “assault firearms” and so-called “large capacity magazines”. (https://www2.ca3.uscourts.gov/opinarch/242415p.pdf) I mean, we’ve known it’s a violation of the Second Amendment ever since the day it passed, but finally getting to this day is wonderful. Just a great day for freedom and liberty and shoving it up New Jersey’s butt. It is great. It is great. Evan Nappen 01:26 However, in practical terms, a lot of the key questions that are out there. Are we good to go? Can we buy these guns? Can we buy these mags? What’s the story? What’s the deal? I’m going to explain to you where we’re at with that, and that’s the important thing that I know a lot of you want to know. At the moment, we’ve got to just let the dust settle here because there’s certain formalities and deadlines and procedures that can happen. Yes, we have the win. We have the win. It’s a fantastic win. It’s a decision which was 10 – 5. It was brilliant. We absolutely crushed it. Page – 2 – of 11 Page – 3 – of 11 Evan Nappen 02:07 The decision was written by Judge Freeman, who, by the way, the judge who wrote this magnificent decision was a Biden appointee, and the first female judge of color. That’s right, a woman of color. The first on the Appellate Court and a Biden appointee – who is giving us this fantastic Second Amendment decision, which is restoring freedom and helping to stop oppression of our Second Amendment rights. So, you know, this is important because it’s how it should be. Those that believe in rights, whatever you might think of the bat might be their politics. It’s everybody’s Second Amendment. It’s everybody’s right. And if you’re going to follow the Constitution and you’re going to be a judge that follows the Constitution and does not goes for politics, then this is the right thing to do. So, I take my hat off to Judge Freeman. It is a great decision. Extraordinarily thorough. Evan Nappen 03:27 I understand her background was that in being a public defender as well, and I’m sure that she saw what these laws do to good people and how unfair and unbelievably stupid they are. We now see the results of all the incredible hard work that’s been done over years that got us to this point. So, we’re all just jumping for joy, and it’s really making clear that the so-called assault weapon, assault firearm bans, even across the country, are on their deathbed or are being killed and dying. Even with the U.S. Supreme Court having taken the Viramonti and Grant cases now. We’re going to get a federal Supreme Court decision that’ll come out in June 2027. This New Jersey Appeals Court decision is, of course, going to I’m sure come into play in their decision making there, and it is a great day for us for sure. Evan Nappen 04:37 However, how does it work now that we have that decision? How will it work in practical terms? This is where some patience is necessary. Some important patience is called for. And that’s because you may have heard, and if not, I’m going to mention to you, that there was an email that was sent out to dealers from the State Police Firearms Unit. It went out and it said that that essentially July 31st, July 30-first, they’re going to the this will become effective, meaning the court case effective. It was kind of weirdly written with this date, and it seemed to indicate that July 30-first, everything was going to be free flowing, and we were going to be good to go. But it wasn’t really. It basically put everyone thinking. Okay, July 31 is some kind of key date, and that’s when we’re going to know. Why would they even pick that? Like, what is going on? So let me explain that date and what’s really happening. As a matter of fact, our good friend, John Petrolino, at Bearing Arms, recently had an article that says “NJ AG Backtracks on Date of Gun and Magazine Ban’s Demise”. (https://bearingarms.com/john-petrolino/2026/07/23/nj-ag-backtracks-on-date-gun-magazine-ban-demise-n1233262) Evan Nappen 06:10 The backtracking is as follows. This is what’s going on. That July 31 date, which Bearing Arms and Petrolino got the word from Davenport’s office. Davenport is the Attorney General that is saying. “We have until July 31, 2026 to petition the court for rehearing, and then seven days later on August 7, 2026 is when the decision is effective”. So, that’s where they’re coming from. Are they going to petition for a rehearing now? Just because they petition for a rehearing doesn’t mean that a rehearing is going to get granted, and I frankly think it’s unlikely that it’s going to get granted. Page – 4 – of 11 Evan Nappen 07:08 Now, in addition to this mix, is what’s called the mandate. A good friend and colleague, who was the lead counsel and fought hard on this very case, Dan Schmutter, a great Second Amendment attorney, was speaking to John (Petrolino) and also explained that there’s this mandate. Essentially, what he said is, “The mandate is the actual order . . .” That’s the direction to the lower court to implement the ruling, and that mandate is basically an August 10t date. So, August 10 is going to be a critical date in understanding the practical aspects of when and if these firearms and magazines will again be bought, sold, and possessed in New Jersey. And that’s why we’re putting advice out about not doing any maritime salvage for any boating accidents on recovery until we have an understanding of where we’re at here. Evan Nappen 08:32 Now, there may even be a stay granted, a stay of the implementation of the mandate. That would mean we’d be in a holding pattern until that stay gets lifted. This might, in fact, happen, and then that will ride until we get the (U.S.) Supreme Court rendering its decision. New Jersey also might try to go for (U.S.) Supreme Court review, what we call certiorari, and that may end up bringing it into or making it part of or put on hold with the Supreme Court case pending in Viramontes and Grant. This is all out there in the mix. Evan Nappen 09:15 So, the number one takeaway from all this is – Don’t do anything yet. We have all the reason to be extremely happy, to be joyous, to realize that all our hard work is paying off. But at the moment, don’t take any steps yet, so that you don’t end up in a giant GOFU. And doing something now is the GOFU. That’s this week’s GOFU. This week’s GOFU, even though we normally do it at the end of the show, let me just tell you right now, the GOFU is that. Do NOT do anything different right now. Don’t buy or order magazines. Don’t possess any of the firearms that may fall under the current ban. You may be seeing things online where people are claiming that they’re buying and selling and doing. I wouldn’t be doing that right now. Even though I’m confident in our victory, it still isn’t a done deal. The old “wait till the fat lady sings” deal. Well, it applies here. There’s still the risk. And during that time period, right now, before we have the definitive legal standing, so we can say you have the green light. We’re all good. You’re taking a risk that you don’t want to take. So that is the point. Teddy Nappen 10:48 One of the things in reading the case, Dad, just kind of going through, they outline the full breakdown of using Bruen of how they essentially destroy it with the test, the two-part test. The Second Amendment plain text covers the individual’s conduct, and then clicks to the next one. And also says it must demonstrate the regulations consist of nation’s historical tradition of firearm regulation. They show the combination of this with Wolford as well. Wolford goes into the three subsidiaries where applies, what is people, all members of political community, and then goes into arms. Arms is the game because that was the whole crux was the issue of common use. That was the entire thing that the Left have been trying, the dangerous and unusual. It was clearly outlined in the opinion talking about the idea of common use, both with the AR-15s and assault firearms, but with mags as well. They even highlight that where the I almost read like Scalia, where he used to you know. If you ever read his opinions, he always joked and made like little snide remarks. It was very funny. But with the 24 million AR-15s, this Page – 5 – of 11 is right out of the case, 24 million AR-15s and similar sporting rifles, the classification that can be determined are in common use, lawful purposes, typically common standard. With a 20 to 30-round mag, up to 100 million 30-round mags in the United States, magazines are in circulation. That sets the degree of common use. Evan Nappen 12:38 Let me tell you why that’s so important. Because once common use, you have that, and it actually has a reverse burden from this case. Common use is shown. It’s done. It’s there. We, as those challenging the laws, that burden isn’t on us, and it makes it now so that the State has to demonstrate the Bruen test. So, this is very significant because of how it addresses common use. And, of course, these semi-automatic firearms and their magazines are, it’s undisputable. It’s indisputable that they’re in common use. There’s more AR-15s than there are Ford F-150s out there. So, this is great. And you know the gun rights oppressors realize that their days are numbered, don’t you think, Teddy? Don’t you think they realize that? Teddy Nappen 13:55 Well, not only that, they’re putting out newsletters crying about it. I mean, cut to right now, The Trace. Literally, they just admitted defeat right from The Trace. “New Jersey Just Lost Its Assault Weapon Ban. Here’s Why That Matters for the Rest of the Country.” (https://www.thetrace.org/2026/07/state-assault-weapons-ban-new-jersey/) They admit it. In Delaware. The challenges in Chicago. All the different ones that are currently in play to take out the assault weapon bans. They even go into that it’s been part of. It’s been, they’ve been a synonym, the assault weapons and the gun control debate. Oh, really? It just shows the outlandishness of the debate, really. Evan Nappen 14:39 Yeah. Well, they know it, and this issue for them has been such a magnificent fundraising, pearl clutching, issue for them, and it is going to be bye bye. Across the board on gun laws challenges, they are losing, losing, losing, losing. Teddy Nappen 15:07 The one thing I will say, and I always like reading the dissent. This is the mindset of the Left of how they, and pulling right from the dissent here where they go into it. The rights secured by our founders in the Second Amendment is not unlimited. They always cite that to Heller. It has never been understood that the guarantee of a right to keep and bear arms, to carry any weapon whatsoever in any manner whatsoever, or for whatever purpose. Instead, the Second Amendment allows states to ban certain types of firearms. I don’t remember that in the Second Amendment. I don’t remember those words. Evan Nappen 15:50 Well, here’s a funny little thought that occurred to me about this. Once the dust settles, and ARs and mags and semi-auto rifles and all the, you know, intrinsically evil guns that the oppressors hate. Once they’re all good to go in New Jersey, the definition of assault firearm. That term, assault firearm. That definition is still found in New Jersey law. It’s just that the ban is found to be unconstitutional. The ban, right? The prohibition. But the definition of that term is still in law. That’s found under firearm definitions. It’s found there. The ban itself is found in a different section. That’s under N.J.S. 2C:58-5.(f). It’s a Page – 6 – of 11 different section. That’s where it’s banned. It’s made a crime of the second degree to possess any of these guns without a permit to carry an assault firearm, or it having been registered or rendered inoperable. Right there in the statute. If you don’t have any of those exceptions, then you are a violator. If you violate it, if you’re convicted, you’re looking at up to 10 years in State Prison, with a minimum mandatory three and a half years. It’s draconian and insane. Evan Nappen 17:28 So, the law, the law itself, that is the ban. That’s the 39-5 law. That’s where the ban is. The definition is in 39-1. However. However, what’s very interesting is New Jersey has, under 58-5. That’s N.J.S. 2C:58-5. They have the license to carry and possess an assault firearm. Now that license to carry an assault firearm mandated two things in order to get it. One is that you first have a permit to carry a handgun, and of course, when that law was put in place, you know, there were less than 600 citizens that even had permits to carry a handgun. Now, there’s 100,000 approximately or more that have a permit to carry a handgun. So, that one has already been met. Evan Nappen 18:33 Then the other thing you had to show was that somehow it was in the public interest for you to have this. However, that standard, those standards, even the standard for carry of justifiable need, the standards have been eviscerated by Bruen. You can’t have those standards. You can’t have those standards on a carry. So, what is left in place, my friends, is an assault firearm carry license. Let that sink in. So, in other words, not only by the definition that still exists are these guns there as a list, but New Jersey has a carry permit waiting for you to obtain, so that you can carry those guns. They can no longer ban them, but they have a license to carry them that you can get. And not only will you be able to get it, you’ll be able to get it and have the guns. Because you can’t ban the guns. So, now, their carry permit that they put in to somehow work as an impossible to get exemption can now be turned against them, and can be used so that we can even get licenses to carry the list of guns that they so radically expanded to the features of the ’97 guidelines and anything substantially identical in the list of 67 guns, etc. So, their laws are going to come back, as they are, and bite them in the ass, as it should be. Keep that in mind. Teddy Nappen 20:21 It’ll be really, it would be really funny, Dad. If we somehow could interview Josh Sugarman. Just to ask him, like his literally the thing, the term that he used is now going to codify as the de facto defense to allow people to have and possess the firearms. Evan Nappen 20:39 And not just possess, but to be able to carry. Because New Jersey has a so-called assault firearm carry license. The definition of assault firearm is one statute, and the carry license is another. What the decision is invalidating is the ban, is the ban, and New Jersey has a vehicle in place already in law to apply to carry them. So, there you go. Another little tidbit to consider. Evan Nappen 21:13 And I’ll tell you something else, Teddy. I have a really important case to talk about that may even be more significant, if you can believe it. More significant than this entire battle over assault firearms. Page – 7 – of 11 Because this issue may completely wipe out the key foundation of federal gun laws. I’m gonna tell you about it in a moment. But first I want to tell you about our good friends at WeShoot. WeShoot is an indoor range in Lakewood. It’s where Teddy and I both shoot. Where we get our certifications, where we get our training, and where we love to enjoy our range time. Now WeShoot, as many of you know, has a fantastic pro shop. There are such a great bunch of folks, and they have many different programs, training, and offerings. Evan Nappen 22:12 One of the things they’re offering right now that I want to talk about, that I think is really, really great is they’re offering New Jersey carry certification, CCARE, but specifically they’re offering a course for seniors. For seniors. They have a very welcoming, senior-friendly program designed to make the process simple, comfortable, and easy to understand. With WeShoot’s extremely experienced instructors, they’re able to provide a safe and supportive and a pressure-free environment where you can build your confidence, improve your skills, and gain the knowledge necessary so you can carry responsibly. This course is really a great idea, and it is something that if you are a senior and you are looking to be able to protect yourself, because that is our right, and of course, as a senior, you know you’re not as physically capable as you used to be. Evan Nappen 23:30 This course has basic firearm safety as a component. There’s safe handling and loading, unloading, and storage techniques. They do easy to understand instruction in use of force, how to do holster safely, safety with holsters, and how to properly draw. Then you do the live fire qualification. All this is step-by-step guidance, including through the New Jersey permit application process. So, this is a great service that is being offered by WeShoot. If you or anyone you know is a senior and they want to be able to get their permit to carry, here’s a great opportunity to be introduced and learn properly, correctly, and get the credentials that you need to do it from We Shoot. Check out weshootusa.com. Their beautiful website with fantastic photography. And don’t miss the WeShoot girls when you go on their website. You’ll love it. WeShoot is the place. They’re right there, conveniently located in central Jersey. Conveniently, right off the Parkway there. Check it out. Evan Nappen 24:49 Let me also mention my book, New Jersey Gun Law. Make sure you have your copy of New Jersey Gun Law. It is the Bible of Jersey Gun Law. It’s over 500 pages, 120 topics, all question and answer. It will guide you through the insane matrix of New Jersey gun laws, and it is something that I’m looking forward to seeing be made smaller, being made a smaller volume. That’d be nice as we keep chopping away the gun laws. But New Jersey still has many of these laws to go, and you need to make sure that you don’t become a GOFU. So, go to evannappen.com, evannappen.com, and get your book today. Evan Nappen 25:37 Now, Teddy, there is a really important development taking place in the Fifth Circuit, and it’s all because of Saint Thomas. That is what we call Justice (Clarence) Thomas, one of the greatest judges on the Supreme Court, of course. He, interestingly, laid out a challenge. He laid out a challenge in the recent Supreme Court decision in (United States v.) Hemani. In Hemani, Justice Thomas said, “The Commerce Clause does not authorize Congress to ‘regulate or ban possession of any item that has Page – 8 – of 11 ever been offered for sale or crossed state lines'”. Then Thomas wrote. “Otherwise, federal commerce authority becomes “a general police power of the sort retained by the States.” Evan Nappen 26:58 Now that is a fascinating gauntlet thrown down by Judge Thomas, and it has now been picked up by the Fifth Circuit. And a great article on this by Duncan Johnson from Ammoland. The article is: “Fifth Circuit Takes Justice Thomas Up on Challenge to Federal Gun-Control Power”. (https://www.ammoland.com/2026/07/fifth-circuit-squire-922g-federal-gun-ban/?utm_source=Ammoland+Subscribers&utm_campaign=1fc1371d30-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-1fc1371d30-21268623) And yes, it does. Evan Nappen 27:22 Because what Thomas is doing there is going at the federal power of interstate commerce. Now, let me tell you, folks. There’s only certain powers that the federal government has, and all the other powers out there are reserved to the states. So, what are the powers of the federal government? Well, there’s three primary powers that the federal governments have. And if the laws are not founded within those powers, if the powers aren’t there, then there’s no jurisdiction for the law that the Government has passed. So, the key federal powers are the power of taxation. That’s one power. The military power. And the power of interstate commerce. Those are the powers in the Constitution given to the federal Government. All the other powers go to the states. Evan Nappen 28:24 So, you see that every federal law, every federal law, has to be based on one of those three powers. Otherwise, there’s no jurisdiction for the law. So, originally, way back, the key power that was used by the federal government were two: military and the power of taxation. And you see, the power of taxation that was the first power used to pass a national gun control law, the National Firearms Act of 1934. The NFA is based on the power of taxation. That’s why you get a tax stamp. That’s why ATF and all were originally part of Treasury. It’s all based on the Government’s power of taxation. And with the Big Beautiful Bill, the tax was made zero. So, now, in the big beautiful lawsuit, the argument is: if you’re not collecting a tax, then your jurisdiction for this, your power of taxation, doesn’t exist anymore. The law is no longer valid because it’s no longer a tax, and therefore no jurisdiction. Evan Nappen 29:44 Well, that third power, interstate commerce, that’s where you see the greatest amount of federal government abuse and overreach that ever existed. You can trace that back to the Wickard versus Filburn case. (https://supreme.justia.com/cases/federal/us/317/111/) This case had to do with a farmer growing his own food during FDR’s administration. The farmer was growing his own food for himself and for his own livestock. He didn’t sell a grain of it anywhere. And the government said, “You can’t do that. We regulate what farmers can and can’t grow.” And the farmer said, “Hey, man, this is my farm. It’s for me. It’s not for anyone else. I have a right to do it. And the court said, “Oh, well, the fact that you grow your own and don’t sell it or distribute it affects interstate commerce. Affects it. And man, that opened the door. Because then anything that affects interstate commerce, anything that has traveled in interstate commerce, anything. Broad, broad, broad. This explosion in federal power. Page – 9 – of 11 Evan Nappen 31:00 Thomas, obviously and correctly, sees that this is nuts, and wants to pull it back. And now we have a case in the Fifth Circuit, “United States versus Squire”. Again, en banc, full court, where there was a total remand back, in which the consideration is now going to be a challenge as to whether interstate commerce, whether that power, can affect simply, as in Squire’s case, which involved a felon. A convicted felon, a bad guy. Someone who, you know, is not a nice person, as our president would say. Not a nice person. However, the gun that was found in, I think it was Louisiana, the gun that was found at this guy’s place was not used in a crime. Was not used in a murder. You know, was not the element was not evidence of any offense of that. Evan Nappen 32:14 But he was charged with being a felon in possession of a firearm. The question is, is a gun that merely at some point had traveled through interstate commerce, but was no longer, you know, in interstate commerce at all. It was no longer. Just in this guy’s place, sitting in a state in in Louisiana. Does the federal government’s power of interstate commerce still apply to that, so that they can enforce a federal gun law stopping felons from possessing a gun, or is that an overreach? And this case, my friends, has the potential to remove the very foundation of federal gun laws based on interstate commerce. It is extremely, extremely important. Even the dissent recognizes that this is the case. As a matter of fact, the dissent in the Squire’s case said the court has “welcomed the possibility of finding that Congress’s Commerce Clause authority cannot support 922(g).” That’s the felon in possession prohibition. “Such a decision”, he (Judge Stephen Higginson) said, “would have massive import for federal law.” That’s right. You’re damn right it will. You’re damn right it will. And that’s what they’re afraid of. This is why the Squire case can be absolutely game-changing like no other. So, we will keep a close eye on that. Teddy Nappen 34:14 I would kind of combine that with just, from the political landscape where you see. I don’t know if you saw the Democrat Socialists. They put out that stupid manifesto where they were talking about eliminating the Senate, expanding Congress. They appoint the president. You don’t elect the president. They appoint and just abolishing our system. Evan Nappen 34:37 Oh yeah, they’re basically turning us into a dictatorship, a communist dictatorship. Teddy Nappen 34:44 I feel like that would be the ultimate check on their power. If we could really, really, truly curtail the commerce clause to not allow that much power. Evan Nappen 34:56 Oh yeah, we need to. Yeah, this is all about pulling back the federal government in its overreach. And yet something like national reciprocity, where we’re dealing with a Constitutional right and actually traveling interstate. Well, now we do have interstate commerce going on. We have crossing state lines. We have something that is so plainly a federal issue that falls under it. Whereas, when you start making an inanimate object that at some point just crossed the state line and ends up in somebody’s home. Page – 10 – of 11 They’re not traveling with it. They’re not moving with it. They’re just saying, “Hey, you know, even though it was purchased or acquired in Louisiana, but at some point it had to get to a dealer, you know, and made it to the. I mean, this is so far down the line of having any connection to it. Evan Nappen 35:55 And as Thomas points out, it basically removes the state police power, which is a power that should be reserved to the state. So, this is going to be a fascinating argument to follow, and the threat of communism through the Democrat Socialists. I mean, you know, look at what we’re looking at today, Teddy. When was the last time we saw that, you know, Democrat Socialists? You know, they want national socialism, and they combine it with Jew hate. Gee, those folks used to walk funny. I think, right? Remember them? That’s what they’re basically mirroring right now in America. Teddy Nappen 35:55 Well, it goes back to, Dad, you gotta look at the two biggest propagandist industries. You had higher education, which you know that’s, thank God Donald Trump cracked down on that hard. Where now they’re no longer be going to give out loans to. So you have to get a bat. You can get a bachelor degree in feminist basket weaving, and that’ll cut out a lot. Evan Nappen 35:55 Right, that’s a great move, too. You’re right. Teddy Nappen 35:58 And number two is Hollywood and entertainment, where they also push the socialist movement. That I think, particularly with AI and other and independent projects, are rising above and breaking the stranglehold of Hollywood. At the point now, they’re trying to fund Jersey, where Netflix is building, and you got Paramount and the others are funding it. Trying to turn into the New East Hollywood. But the main thing is McCarthy wasn’t wrong. He went overzealous, yes, but just the levels of it. There were communists in our in the in our works of the government, and here is the fruits of their labor. Evan Nappen 35:58 Well, not only that, you know, during McCarthy’s day, they tried to stay hidden. Now, they’re open about it. They’re open. Teddy Nappen 36:37 They’re proud of it. They’re bragging. They’re proud of it. Teddy Nappen 37:54 They’re wearing it. They’re bragging about it. And this is a complete antithesis to what America is all about, and nowhere ever has communism worked. Look, you know, when that wall came down in Germany, where do you think they wanted to go? You know, you don’t see people escaping. “Escaping” to communism. It’s the reverse. And once you get communism, once you elect it in, you end up having to shoot your way out. So, you know, I don’t think the overwhelming majority of Americans are that foolish. But here’s the problem. The majority of Democrats are because statistically they’re apparently in favor of socialism, which is just, you know, a euphemistic label for communism. Page – 11 – of 11 Teddy Nappen 38:54 Here’s the issue, though, Dad. It’s my generation, the next, where I think the number was like 58% are seen in favor of socialism. That’s that generation. So, you this time period will be fine. But the next generation, that’ll be where like it’s something. This is where we need to do heavy, heavy arms of propaganda. And look, the easiest way to dispel this argument – name me one country where socialism works. Tell me that. They immediately try to say the Nordic country, and then I say, okay. First of all, here’s a deal for you. We’ll completely deregulate oil, just like the Nordic countries. Our immigration policy is about around 3% and reduce the migrant population to about the size of any Nordic country. And then finally to end it all, make sure people have healthy, maintain themselves healthily, and actually watch what they’re actually eating and going into developing healthier habits, like a lot of the Nordic countries. Then get back to me on socialism. Other than that, none of that works. We are a heavily diverse nation. We have a lot of unhealthy issues. So, when I hear it, it’s just B.S., every single time. There is no. They move the goalposts and say there’s never been any true. It hasn’t worked yet because it’s not. It hasn’t been the right version. Evan Nappen 40:18 Yeah, right. Well, I don’t want to be part of that experiment. Thank you. Okay, no thanks. No, thank you. I’ll stick with our Founding Fathers. I’ll stick with the incredible quality of life that capitalism has given us. And there’s a reason why so many people want to come here. There’s a really good reason for it, and it ain’t communism. That’s for sure. Hey, the other thing. This. Yeah. Yeah. Go ahead. Teddy Nappen 40:43 No, I was gonna say. Here’s the other one. Name me once did communism ever allow for someone to take a loan to get a business started? Name me one faction of that, where someone who came from essentially the small folk being able to rise up and become millionaires and running their own businesses. Yeah, exactly. Evan Nappen 41:07 Maybe recently you heard, I just heard President Trump talking about it, and he summed it up pretty well. He said, “Communism is shit.” That’s exactly what the President said, and then he goes. His wife gets upset when he uses that word, and Reverend Falwell even wrote him once and said to him, you know, we’d prefer if he would try not to use profanity. And then Trump said he told him, the problem is that’s the word that perfectly describes communism. So, I guess if there’s any time to use the word, that’s the time to use the word. So, there you go. Evan Nappen 41:49 Hey, this is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 42:03 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 S5 E300_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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  Episode 299-AG Attacks Gun Shows Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 13 Gun Lawyer — Episode 299 Transcript SUMMARY KEYWORDS Gun Lawyer, Second Amendment, Jimmy Stewart, Lee Marvin, Charles Bronson, Ghost Guns, Pennsylvania gun show, Civil Complaint, New Jersey gun laws, Second Amendment Section, DOJ, Gun Control, Red Flag Laws, Gun Owner Faux Pas. SPEAKERS Speaker 2, Teddy Nappen, Evan Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:19 and I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. So, Teddy, I think you have a very interesting news bit to tell us about, and I have some very interesting thoughts about it. Go right ahead. Teddy Nappen 00:36 Well, first I want to say, Dad, if you’re just scrolling through, I love the random trailers that just pop up. Apparently, they’re making a Jimmy Stewart biopic. Evan Nappen 00:48 Well, Jimmy Stewart was a great man. Teddy Nappen 00:50 But here’s the deal. They’re focusing on his military career, where he was a combat pilot. Evan Nappen 00:56 He was a hero. He was a bona fide hero, and he served his country tremendously. I have nothing but respect for Jimmy Stewart. Teddy Nappen 01:12 I was pulling it up. He flew 20 missions in Europe, and he reached the rank of Colonel. He was a World War Two pilot commander, combat pilot. Evan Nappen 01:22 And this was in the middle of his movie career. He left. Page – 2 – of 13 Evan Nappen 01:26 He left his movie career to fight for America. Let that sink in. I mean, do you think these selfish movie stars, self-centered, would even think of doing that? Even think of doing that today? Please. At least not the overwhelming majority. Maybe there’d be a few that are out there that actually would consider such a thing. But good grief. Talk about old Hollywood and new Hollywood. Jeez. Teddy Nappen 01:26 Yeah. Teddy Nappen 01:57 I will say. I would have. This is no dig against Jimmy Stewart because it’s one of those I would have wanted if they’re gonna do any of the actors that served. I would love for them to do Lee Marvin. His whole story. Evan Nappen 02:10 Oh, Lee Marvin was great, too. Teddy Nappen 02:13 Where he has the craziest career, too. He was a scout sniper, 21 amphibious assaults, horribly injured and shot up. Evan Nappen 02:23 Yeah, they could just do a series, like a mini series of actors who were the real deal. That played tough guys, but were actually the real deal. You know, Charles Bronson was. You had the guy, Christopher Lee. Holy crap, Christopher! Teddy Nappen 02:44 Oh yeah, Christopher Lee. He was Wiki page. Evan Nappen 02:51 I mean, Christopher Lee was advising on the movie and saying that’s not how a knife sounds when you jam it into somebody. You don’t have the sound right on that. That’s not how it goes. It’s not what the sound the person makes. It’s not the sound the knife makes. I mean, that’s some pretty detailed knowledge right there. Teddy Nappen 03:07 If you’re ever bored, just click on the random page on his bio, and it gets crazier and crazier. Like, witness the last guillotining. Evan Nappen 03:18 I know. The guy’s amazing. Yeah, and of course, there’s always Audie Murphy, of course. Teddy Nappen 03:25 Yeah, of course. Page – 3 – of 13 Evan Nappen 03:26 Audie Murphy played himself in “To Hell and Back”. Audie Murphy is amazing, and he would be like one of the last guys if you looked at him to think that he’s one of the most decorated soldiers of the war. But he was also amazing, and you know, he made lots of other movies, too. Even though he’s most famous for “To Hell and Back”, but he did a lot of westerns and other things. Teddy Nappen 03:52 I remember one of the underrated ones. I think it was like “The Duel at Silver Creek”. There’s moments where he’s actually like, he plays an anti-hero type where he’s like. Evan Nappen 04:03 Yeah, a bastard, frankly. A son of a bitch. Teddy Nappen 04:05 He plays like a. Evan Nappen 04:06 Yeah he’s good. Teddy Nappen 04:07 Yeah. Evan Nappen 04:08 Not what you think of Audie Murphy. Teddy Nappen 04:09 Right. He plays like the tough guy. It is very interesting that character but. Evan Nappen 04:14 Yeah, yeah. And then he ended up dying in a plane crash because the pilot shouldn’t have been flying apparently, and you know, it’s a shame that we lost him. But yeah, he was great, and I mean he came from really, really humble beginnings. I mean dirt poor, crazy beginnings there for him. We’ve many of the great Hollywood actors who served their country really admirably. I mean even Scotty (James Montgomery Doohan), you know, from Star Trek. He was also a defender. Teddy Nappen 04:17 What was he in? Evan Nappen 05:03 Oh, he was military. I don’t remember exactly his background, but he was in some tough situations. He was known. Teddy Nappen 05:08 Page – 4 – of 13 Well, he was miracle worker. Evan Nappen 05:10 There’s so many of those guys, and I have a hard time trying to think of any modern actor that can maybe give that credibility to. I don’t know. Can’t think of any at all. Teddy Nappen 05:24 Unfortunately, I’m drawing a heavy blank because. Oh wait, no, no, no. Adam Driver. Adam Driver. I believe he’s the guy that played Kylo Ren. He did. I believe he was in the Marines. But he was a veteran. So, but anyways, one thing I will say as we were reviewing these stories, I love how the Attorney General has their own YouTube and they were just like streaming alerts and announcements. “Attorney General Davenport Files Civil Complaint Against Pennsylvania Gun Show Owner for Endangering Public Safety” (https://www.njoag.gov/attorney-general-davenport-files-civil-complaint-against-pennsylvania-gun-show-owner-for-endangering-public-safety/) So, that was what came up with the ad for Jimmy Stewart, and then there was this. Evan Nappen 06:08 Right. Showing a pretty good contrast. So, Davenport has filed this complaint against the Pennsylvania gun show owner for “endangering public safety”. They filed because they’re abusing the civil lawsuit. You know, this is one of the anti-Second Amendment ploys of trying to litigate the Second Amendment out of existence. And so, what they’ve done here is they’ve gone after Jordan Vinroe of JSD Supply and Eagle Shows. So, if any of you have ever gone to the great Pennsylvania gun shows, you know, they’re really good. Because first of all there aren’t any gun shows of any kind, really, in New Jersey. There’s some militaria shows, but there’s no gun shows. But Pennsylvania is, if you’re in New Jersey and you want to hit a really great normal type gun show, you go to Pennsylvania. And some of the largest, best shows are put on by this promoter. Teddy Nappen 07:24 The one that comes to mind, the Bloomsburg gun show. I think that was one we had gone to. Teddy Nappen 07:29 Yeah, Eastern Gun X. Eastern Gun X. Evan Nappen 07:29 Well, they have a whole series of shows. I believe they actually do some of the largest shows in Eastern Pennsylvania. Evan Nappen 07:30 So, they do some of these 1000 table, 2000 table, these really huge shows. And what happened is they’re going after him, claiming he is intentionally and unlawfully selling to New Jersey residents kits and parts to make ghost guns. Untraceable firearms that are illegal in New Jersey. So, what is this really? This really is a pretext to go after gun shows. This isn’t really about the ghost guns. That’s just their vehicle. This is really about trying to stop gun shows. If you go after gun show promoters, this becomes the idea of civilly litigating out of, essentially out of existence. If they can do it, they’d love to Page – 5 – of 13 do it. Gun shows. So, we really have not just a violation of the Second Amendment, where what’s going on in Pennsylvania is completely lawful in Pennsylvania. Ghost guns are the pejorative term for simply a privately-made firearm. Americans have been making their own guns since before we were even officially a country. So, private firearms are not the boogeyman. But, of course, they give it the boogeyman name of “ghost guns” and then claim they’re untraceable. Evan Nappen 09:14 Well, you know what? You tell me what firearm tracing has actually done to fight crime. Virtually nothing. It’s a lie that is perpetrated to give them a vehicle to make it look like they’re doing something about crime, which isn’t it, but more so to continue the agenda of oppression of Second Amendment rights. And here it is an attack on gun shows. That’s really what’s going on here. It’s not, you know, ghost guns, most gun. It ghost guns. Come on. First of all, anyone can build a gun with or without parts that you buy at a show anywhere. You can build a gun with pipes that you buy at Home Depot. Are we going to go after Home Depot because you can make slam bang shotguns easily, as we taught in the Philippines to do? Americans did that. You can. Evan Nappen 10:20 You know, “American Guerrilla in the Philippines”, a famous book, movie, etc. What do you think they made? Slam bang shotguns. You take two pieces of pipe. One pipe fits in the other. On the end cap of the larger pipe, you have a nail with the point facing down the pipe. The other one slides in it like a trombone. You put a 12 gauge shell in there, and you slam it down. And bang, off it goes. It’s called a slam bang shotgun. Sometimes called four winds shotgun. Teddy Nappen 10:55 Didn’t you? Evan Nappen 10:58 Yeah, I mean this is, and this is even in the Frankfurt Arsenal, the famous “Black Books”. They’re very easy. Evan Nappen 11:06 So, yeah, making a gun. They make guns in jails. They can make a gun. You can make them. So, this whole thing about privately made firearms and all is just a load of crap. Now, Jersey has banned “ghost guns” in a multiple ways. They talk about “unserialized firearms”. They talk about “manufacture of firearms”. They have different laws that address each of these things. All putting it under this category. And yet, under federal law, it’s not a problem to make your own firearm. Federal law even has regulations for if dealers get a privately made firearm, how to handle it and be able to actually lawfully sell it. They need to then take certain steps. We don’t have to get into that now. But it’s not a problem under federal law. It is a New Jersey, in this case, law that they’re attempting to use as a vehicle to bring the civil action against Pennsylvania. Something jurisdictioned in Pennsylvania, by claiming, oh well, you’re unlawfully selling to New Jersey residents. Teddy Nappen 11:06 Poor man’s James Bond? Page – 6 – of 13 Evan Nappen 12:23 Well, I’ll tell you what. How about we take a look at marijuana sales in New Jersey? Do Pennsylvania residents come into New Jersey and ever buy marijuana? Look, marijuana is unlawful for recreational use in Pennsylvania, and it’s federally prohibited. It’s still a federal controlled, dangerous substance. So, New Jersey acts to aid and abet and facilitate one of the largest unlawful drug distributions in the country. Whereas privately made firearms are not a federal prohibition. Not a federal prohibition. Should Pennsylvania sue New Jersey because of somehow Pennsylvania residents buying weed in New Jersey being facilitated by New Jersey? I mean, this is what they’re attempting to do. And yet here, not only is it not a violation of federal law, but it is really an attack on Second Amendment rights. And let me tell you that. Go ahead., Teddy. Teddy Nappen 13:30 I will also point out in the article. This is where the little trick is. If anyone ever listens to these people, they always do this trick where they start with a false premise when making their argument. “Ghost guns are frequently recovered at crime sites in New Jersey. Recent reports suggest that the number of ghost guns recovered in crime scenes increased eightfold between 2019 and 2022 — from 55 in 2019 to 433 in 2022.” Pause right there. I wonder. What happened around that time period where it caused people to want to have their own privately-made firearms and want to maybe 3D print and make their own? I wonder what little factor would have considered that. Secondly, all right, now show me the data of the amount of firearms recovered generally in crimes, and give me the percentage breakdown. Oh, it’s probably in the minuscule amount of percentages of firearms seized in New Jersey for crimes. Huh? I wonder. So, this isn’t that much of an epidemic, but we can’t show that, obviously. We won’t show that data. They just list off guns seized. Evan Nappen 14:43 Teddy, we are in a new day and age because of President Trump. And one of the things that President Trump did is actually create, through the Justice Department. They actually created in the Civil Rights Division of the U.S. Justice Department, the Second Amendment Section. Now let me tell you what the Second Amendment Section of the Civil Rights Division of the Federal Government Department of Justice. Let me tell you right from their website. (https://www.justice.gov/crt/second-amendment-section) The Second, Fourth, and 14th Amendments, the Police Patterned or Practice Act, and Executive Order 14206 protecting the Second Amendment rights, secure the natural firearm rights of law-abiding citizens, and ensure that such rights to keep and bear arms will not be infringed. The mission of the Second Amendment Section is to ensure that law-abiding citizens may responsibly possess, carry, and use firearms. The Second Amendment Section will work diligently to investigate law enforcement agencies that engage in a pattern or practice of infringing on law-abiding citizens’ Second Amendment rights. As well as be proactive in searching for litigation opportunities to secure such rights. Evan Nappen 16:19 The Second Amendment Section will also seek opportunities to advance a broad interpretation of the Second Amendment via statements of interest, motions to intervene, amicus briefs, and original lawsuits where applicable on behalf of Americans across the country. All attorneys within the Second Page – 7 – of 13 Amendment Section will advocate with zeal on behalf of the United States of America in furtherance of all objectives as tasked. And there, right at the website, at the Civil Rights Division, U.S. Department of Justice, the Second Amendment Section. You can go right online to that. We’ll have a link in the transcript. It says Section Information. Acting Chief Barry Arrington. “Report a civil rights violation.” So, listeners, if you see or hear or know of any civil rights violations on the Second Amendment, report them. Report them to the Federal Department of Justice. Evan Nappen 17:28 I think this is something that the DOJ should consider going on in New Jersey. Where you actually are seeing an effort to go after gun shows, which is our freedom of association, which is our ability. You know, if you can’t buy guns, then you’re not going to be able to possess and carry something you cannot obtain. Second, ghost guns are not a violation of federal law. Third, this is talking about interstate issues. This is New Jersey and Pennsylvania. What could be more squarely within federal jurisdiction than one state going after activities in another state because the state that is going after them has laws that infringe on the Second Amendment and trying to enforce it in another jurisdiction via this mechanism of being able to abuse civil laws. So, there is potentially a solution here. And not only just about what New Jersey is doing here, but what New Jersey does across the board in so many ways of oppressing our Second Amendment rights. Evan Nappen 18:58 Now, this Second Amendment Section has done a number of things already. They sued California to halt the Glock ban. They sued Virginia over their unconstitutional weapons ban, assault firearm so-called ban. They sued them. They opened an investigation, by the way, into Philadelphia Police Department’s unconstitutional permit revocation process. They’ve sued Colorado for their ban on so-called assault firearms and magazines. They sued the District of Columbia for their ban, and they’ve gone after the Virgin Islands Police Department for unconstitutional practices in effective denials of permits. That’s just a sampling of what the Civil Rights Division of the U.S. Justice Department is doing in the Second Amendment Section, and it’s time for New Jersey to be investigated. Because this has gone on for far too long in New Jersey. Our Second Amendment rights being trampled by New Jersey trying to do everything in its power to oppress Second Amendment rights. So, check it out, folks, and you will see that this is what happens when we say elections have consequences. Because this goes back to President Trump putting out his Executive Order, and you also have the Attorney General putting forward that they have their Second Amendment task force and setting up the Civil Rights Division. So, we can change how business is done. Evan Nappen 20:52 Because prior to this, the Government, even the federal Government, took at best a neutral position, but normally there was no infringement that was too much as far as federal enforcement. No problem. Turned the other, you know, turned away from it. Couldn’t care less. Those are no longer the days today, and this is where a wake-up call needs to come out on our Second Amendment rights. Let me tell you. Go ahead, Teddy. Yeah. Teddy Nappen 21:32 Page – 8 – of 13 Well, I was going to say. I was able to pull up Everytown’s research. (https://everytownresearch.org/report/gun-trafficking-crime-guns-new-jersey-data/) In 2023, New Jersey’s law enforcement seized 4,619 guns. So, going off of the data that the A.G. put out, that’s 9% of those firearms were “ghost guns”. Nine percent. It’s even less from those numbers. It is the level of insanity that these individuals pull. They’re just making a boogeyman out of something. That’s why. Evan Nappen 22:06 They’re the boogeyman and a pretext to try to assert their agenda. It’s really what we’re talking about here. Absolutely. Well, let me tell you about our good friends at WeShoot. WeShoot is an indoor range in Lakewood where Teddy and I both shoot. We love WeShoot, and so will you. They have the top trainers for New Jersey. They have the full array from novice to advanced. They have some just great training programs. You can get your CCARE certification there. That’s what you need in order to get your New Jersey carry. They offer CCARE courses. They also offer the ability to get non-resident permits in other states. So, if you travel, you can take care of that through WeShoot. WeShoot is a great resource. It’s a resource that we’re very lucky to have. It’s harder and harder to find places to shoot, and without places to shoot, you can’t do too much with your guns. And WeShoot is there for you. Take advantage of it. Evan Nappen 23:25 It’s a wonderful place. They’ve got a great pro shop. Great people, super nice, wonderful folks. They will bend over backwards to help you, and I’ve seen it firsthand. They’ve helped so many people to improve their skills, to learn about firearms, to learn the right way, proper way, how to be safe, how to be secure, and make sure that everything is done correctly. So that you don’t end up being a GOFU. So, check out WeShoot at weshootusa.com. That’s their website, weshootusa.com. You’ll be glad you did. Beautiful photography. They’re really first rate, and you’ll see why. They go the extra mile. Check out WeShoot at weshootusa.com. They’re conveniently located right in Lakewood, New Jersey. Easily accessible right off the Garden State Parkway. You can do it. Go over there, and you’ll say, “Wow, why didn’t I come here sooner? That’s weshootusa.com. Evan Nappen 24:44 Let me also shamelessly promote my book, New Jersey Gun Law. It is the Bible of Jersey Gun Law. You don’t want to be a GOFU. You need the book. It’s 120 topics, all question and answer. It’ll help guide you safely through the matrix of insanity called New Jersey gun laws, so that you can remain a law-abiding gun owner. That’s my purpose in writing it. You will see why it is the book used by lawyers, judges, State Police Firearms division, and beyond. If anybody who wants to know about New Jersey gun law, they always turn to New Jersey Gun Law by Evan Nappen. And if you want to get your copy, go to evannappen.com, EvanNappen.com. Order a copy, and you’ll have it within days. So, Teddy, what else do you have for us to discuss today? I’m going to toss the ball to you. Teddy Nappen 25:44 Well, as you know, Press Checks are always free. If anyone’s been watching the news or anything or seen all the push from the Left, the thing they keep trying to go back to is they’re trying to address the mail problem. That’s their actual quote from the election groups that they do. Where they’re trying to figure out how do we. Page – 9 – of 13 Evan Nappen 26:11 Is that Post Office mail or as in what is a woman, male? Teddy Nappen 26:16 You know. The white men, particularly, of the they have completely spurred off. One of the things that they’ve run into a foul, is you see this whole push where they try to reach issues, and they’ve gotten very, very quiet on the issue of firearms all of a sudden. Amazing, right? And even though you where you have like the James Talarico who’s still trying to tote gun control, but he’s trying to paint it off like, look, I’m for the Second Amendment. You know, I own a gun. All this. Evan Nappen 26:52 Oh, it’s the I’m for the Second Amendment, but. It’s always the but. Teddy Nappen 26:56 Always, but always, Evan Nappen 26:57 But we should ban guns. I’m for the Second Amendment. Teddy Nappen 27:01 But universal background checks, which will basically create a registry. Evan Nappen 27:07 But we should eliminate gun shows off the face of the planet. But we should ban any gun that’s over 12 inches long and call it an assault firearm. But ban any gun under 12 inches and call it a Saturday night special. Other than that, I’m for the Second Amendment. Teddy Nappen 27:23 Yeah, and you’ve been seeing that. Now you’ve noticed they’ve been losing a lot of ground to their “Democrat Socialists”. They’re just Marxists. If you look at the ideology of what they support, they are Marxists. Just go one to one. They are the same. They can’t dress it up any other way. So, I decided, you know what? Let’s see what’s on their page. What they actually feel about the Second Amendment. Because when it comes to Socialists now, they’ve kind of reached the they don’t know how to feel about firearms. They want to disarm the people because they believe in gun control, but they need arms for the revolution, always. So, it’s the gun owner dilemma for Socialists. Teddy Nappen 28:06 So, I go to their web page and what do I find? (https://www.dsausa.org/blog/the_second_amendment_is_a_threat_to_us_all/) This goes back to 2018, mind you. So, now they’ve gotten very quiet. “The Second Amendment is a threat to us All.” That is the opening title, and they still have it on there. This is their reaction to the Parkland shooting. So, America touts itself as being a meritocracy, and we laugh. But on firearm policy, it is truly need blind. No matter your age, race, gender, creed, or sexual orientation, your inalienable right to life is perfectly alienable to Page – 10 – of 13 keep guns pouring into public and private lives. Okay. Which is why we think the only way to guarantee that we dramatically reduce the acts of violence involving guns is removing guns from society. Pause. Logical fallacy alert, everybody! Ding, ding, ding, ding. Logical fallacy. Reverse Nirvana. If we got rid of all the guns, that would stop the crime. They always try to push that, and we have the oomph. Okay, yeah. Repeal the Second Amendment. That’s going to happen. This is from 2018. Nope, still haven’t done it. But they point to, I don’t know if you remember this guy Carl Rove? Evan Nappen 29:37 Oh yeah, Carl Rove, the pool shooter. Shooting at the pool? Yeah, yeah. After he’s anti-gun, but he uses a gun inappropriately even. Yeah, that guy, Mr. Hypocrite. Teddy Nappen 29:49 Well, they highlight his quote. The only way to guarantee that we drastically reduce acts of violence involving guns is to basically remove them from society. Well, okay then. Then they go through this whole twisted history where they point to the 1970s. NRA stopped being enthusiast group and became a defense industry lobby. Then the new blood came with the Gun Control Act of ’68, which aimed to restrict firearm ownership in response to the fears of the group. I love how they say this. The fears of the Black Panthers. Yes, that’s why the ’68 Gun Control Act was born. That was the only reason. They wanted to disarm the Black Panthers. No other reason of why they tried to push the ’68 Gun Control Act. Dad, do you remember that? What would you say from your view of what was the driver to the ’68 Gun Control Act? Evan Nappen 30:47 Oh my God! You know these people are just amazing, and as you see, they’re conflicted over their own platform. It’s crazy, Teddy. Teddy Nappen 31:02 Yeah, and well, they go even crazier. They go through this twisted history of rights. They go through Heller, basically determining you know the rights infringed, and they use Scalia’s answer. In Scalia’s admission, if we repeal the Second Amendment, private citizens could still own guns. The right to do so is granted to them by God or the English, whatever you’d like. Both Brett Stevens and Carl Rover certainly wouldn’t mind. So therefore, we’ve rewritten the Second Amendment. They wrote an amendment. They actually wrote. They wrote their example, the 28th Amendment, Dad. Here we go. The 28th Amendment to the U.S. Constitution that they pushed for. The second article, the amendment of the Constitution of the United States, is hereby repealed. Okay, that gets to that. Two – manufacturing, transportation, importation into or out of any state, territory, or possession of United States delivery therein of a pump action, semi-automatic or automatic firearms is hereby prohibited. Three – article shall be inoperative unless it shall be ratified as the amendment to the Constitution by convention of several states, as provided by the Constitution within 10 years, the date of submission here off to the state by Congress. Well, they want a con con apparently. But just going back to that, banning pump action, semi-automatic and automatic firearms, removing that from the Second Amendment, Dad. Evan Nappen 32:33 Page – 11 – of 13 Okay. Teddy Nappen 32:34 You can have your gun, but they must be manually loaded. Evan Nappen 32:36 Couple things. Number one, the Second Amendment is not our rights. It’s a guarantee of our rights. The rights to exist, whether or not we have a Second Amendment. But the Second Amendment is a guarantee against the Government of infringing on those rights. So, what they’re saying is, we want to revoke the guarantee of your rights and replace it with a lame-ass guarantee that we’re rewriting that won’t do anything except give us the opportunity to walk all over your rights. So, that’s really what they’re saying. But the really interesting thing here is this proposal to repeal the Second Amendment is all the anti-Second Amendment gun rights suppressor folks are going to have left. Evan Nappen 33:23 We are on the path with the Second Amendment having been empowered by Heller, McDonald, and Bruen. And now we have Viramontes and Grant that, in my opinion, are going to absolutely crush assault firearm semi-automatic bans across the country. They are losing ground left and right. There are over 3,000 filed legal actions challenging gun laws. They are on the run. They’re losing, and they know it. The only thing they have left is actually what they’re asking for here, and that is to repeal the Second Amendment. We will never let them repeal the guarantee of our rights, and that’s what we must insist upon. These are our rights, and they’re guaranteed. We want that guarantee enforced. And now that they see the guarantee is finally being enforced, they cannot stand it. They are losing, and they’re going to continue to lose. Teddy Nappen 34:31 I will say, I love the ending to the article where the individual. We are aware non-white and marginalized groups whose rights are routinely violated by the police may view this both as restricting and their ability to protect themselves or causing unwarranted searches and harassments for the criminal justice. We in no way support any measure that would increase the scope and scale of police violence. This provision outlined in amendment would have universal application. So, in other words, don’t worry. This affects everybody. There’s going to be no racial discrimination about enforcing these laws, Dad. Huh? Right. Cut to what was it? John Petrolino’s article where he pulled the data? Evan Nappen 35:19 Yeah. Exactly what we’re dealing with in New Jersey. Where blacks are already more than two to one discriminated against in just permit issuance. So, yeah, we know where this is. It’s just absurd. Teddy Nappen 35:31 Well, they literally go with the “trust me, bro”. It’ll be we’re not racist. We’re just gonna ruin it. We’re gonna screw it over for everybody. Evan Nappen 35:38 Page – 12 – of 13 But keep in mind, this is laughable right now, but it’s actually not. This is going to be the push that we’re going to see. It’s going to be a major push to repeal the Second Amendment. Because it’s all they have left, and that’s what we’re going to see. That and abusing the tort system in any way they can – civil actions. You know, to somehow create these abilities for trying to litigate guns out of existence. That and repealing the Second Amendment. That’s what they’re left with on their game plan. We just need to remain vigilant. Teddy Nappen 36:16 So, bear in mind. I will say, bear in mind, they still push for red flag in the other articles they’ve had. They still push for all the required measures where you have to get everything registered, and they’re still for limiting, removing ARs and anything they deem unsafe or scary. Evan Nappen 36:39 I hear you, and this is so typical. But we’re winning. That’s what’s important. We’re winning. Except when there’s GOFUs. GOFUs, as you know, are Gun Owner Fuck Ups. That’s where gun owners make big mistakes that cost them, technically, it could cost them their career, their family, their fortunes, their freedom. It’s bad news. So, you want to not be a GOFU. And what we like to do here is talk about GOFUs so that you don’t become one. You get to learn for free what others have paid dearly for. Teddy, what do you think the GOFU is this week? You know. What are we talking about? Teddy Nappen 37:26 Well, for me, the GOFUs are always about “stop talking to the police”. Evan Nappen 37:34 Oh my G-d. Stop talking to the police! Like, you know, we talk about basics. It is so basic. Shut up. You know you have a right to remain silent. Now, whether or not you have the ability to, I guess, becomes another question. But you have the right, and you need to stand on your right. You need to ask for your attorney and remain silent. You need to stand on your rights. And over and over again, we see clients that blow that and end up making their situation incredibly worse, incredibly worse. Because not only does anything you say can and will be used against you. Anything you say will be twisted against you. The safest, best route every time is standing on your rights. It’s that simple. And let me tell you, folks, if you’re ever read Miranda rights, oh my God, shut the f up! If you are read Miranda rights, sirens should be going off. Fireworks should be shooting. Flags should be waved. Shut up! Anyone who talks after Miranda, I just can’t even understand. They’re warning you. They’re telling you. Oh, you just wave your right. Oh, you’ll just talk to them. What are those silly rights they’re telling me about Evan Nappen 39:04 I’ll tell you one of the problems is – television. Television has conditioned many Americans to giving up their rights. Oh, I’ll just talk to them. I’ll just explain it. I’ll just yak away. And you know what? You end up burying yourself. Over and over and over again. I see it. I cannot believe it. If you are ever across one of those metal tables, being interrogated by police, and you’re talking, you are the world’s biggest GOFU. That should never happen. If you’ve been read Miranda, that talking across that table that should not be happening. If you let that happen, you’re a fool. You are absolutely a fool. I can’t make it any clearer. Page – 13 – of 13 Evan Nappen 39:55 It reminds me of Jan Davis. I don’t know if you know about her. (https://www.cbsnews.com/news/parachutist-plunges-to-death/) She was part of a movement to allow the ability to try to legalize base jumping at national parks. At Yosemite, she jumped off of El Capitan. Now, she was a pretty experienced jumper, and she did this as a protest. She was wearing criminal stripes outfit. You know the classic black and white stripes of the classic prison outfit, right? And it was to make a statement, of course. But it’s really a statement here because she jumped off El Capitan, El Capitan, and it was in 1999 as a protest against the ban. She was trying to make a statement that this is safe and should be allowed. She jumped, and ended up going splat. That’s right. Her parachute didn’t open. She couldn’t get it opened, unfortunately. My understanding is she had used some other equipment instead of her own. She didn’t know where the pull was on this particular one, and unfortunately, she ended up just going splat. Evan Nappen 40:19 To me, Jan Davis jumping off El Capitan there is what happens when you are read Miranda and talk. You ended up in a big splat like Jan Davis. That’s what you do. And keep in mind, she was wearing that prisoner outfit when it happened. So, folks, stand on your rights. Don’t be a good a GOFU. Don’t end up splattering yourself on the gun rights oppression and insane matrix of New Jersey gun laws. Should you ever be put in that situation – shut up! Evan Nappen 42:09 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 42:23 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 S5 E299_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. Email Evan Your Comments and Questions  [email protected] Join Evan’s InnerCircleHere’s your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

  Episode 298-NJ Assaulting Our Rights… Again Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer Transcript – Episode 298 SUMMARY KEYWORDS New Jersey gun laws, assault firearm ban, Supreme Court, Vera Montes, Grant cases, Assembly Bill 442, semi-automatic rifles, detachable magazine, draconian penalties, property rights, gun rights, sensitive places, reparations, We Shoot USA, gun owner mistakes. SPEAKERS Speaker 3, Teddy Nappen, Evan Nappen Evan Nappen 00:18 This is Evan Nappen. Teddy Nappen 00:20 and I’m Teddy Nappen. Evan Nappen 00:23 And welcome to Gun Lawyer. So, New Jersey is at it again. What, Teddy? Go ahead. What we gonna say, buddy? Teddy Nappen 00:31 Well, I was gonna say, you wouldn’t believe the stuff that they’re trying to cycle through on social media. They’re trying to now push the whole, “you’re afraid we’re going to take your guns away, and we’re afraid you’re going to take our children away. Which one is unfounded? Like it’s. Evan Nappen 00:53 Yeah! Which one’s unfounded, yeah. Well, being that the anties never give up, those that want to crush our rights and oppress us. New Jersey, of course, always has to lead the way on doing that. And so now, as we discussed last show, we’re all very excited at the Viramontes and Grant cases that are combined and have been granted certiorari by the U.S. Supreme Court. This means they’re finally going to get a decision out of the Supreme Court determining the constitutionality of so-called “assault weapon” ban. But what is New Jersey’s response when these things happen? They’re like the Iranians. When New Jersey makes their gun oppression policy, they act like the Iranians. They double down on threats. They double down on trying to convince us that they are just going to make life miserable for us, and they do it various ways. Evan Nappen 02:13 Their current response is essentially an assault firearm law radical enhancement. That’s right. So, here we realize that the entire concept of banning semi-automatic firearms is, my money is solidly on that is going up in flames. As we talked about before, this is finally, I believe, on the road to destruction. This whole political fight that has harmed so many good people. Ruined law-abiding citizens’ lives. Taken Page – 2 – of 11 their destroyed families’ fortunes, and taken away freedom and rights. This nightmare, I believe, is going to end. But it’s actually even more excitement over when that end might take place, that we’ll talk about in a little bit. In between, leave it to New Jersey to propose even more, even worse, even more draconian laws, particularly on the dreaded, intrinsically evil “assault firearms”. That’s right, New Jersey calls them “assault firearms”. Sometimes they’re called, in other jurisdictions, in federal law, “assault weapons”. Teddy Nappen 03:46 It’s a hoplosexual term. Evan Nappen 03:49 Yeah, you’re right. It’s a term that’s just concocted, so that they can make up lists of guns to ban and to make as far-reaching a ban to turn as many law-abiding citizens into criminals as they possibly can. So, New Jersey filed a new bill. It is Assembly Bill 442 . (https://pub.njleg.state.nj.us/Bills/2026/A0500/442_I1.PDF) This is New Jersey’s incredible doubling down on their assault firearm law, and I wanted to just go through with you. This law, because whether it’ll pass or not, who knows? Even if it does pass, this stuff I believe is going down in flames and will no longer be anything they can pass laws about. Dead. Gone. Done. Evan Nappen 04:50 Sort of like what happens when you enrage a bull elephant. You know, African elephants and Indian elephants are different. African elephants are extremely ornery, mean, tough. Republicans, you know, picked the elephant as their symbol. Sometimes I think about when we get the good elephant, when we get the African version of the elephant, and they actually do what’s needed. I think we’re going to see that here through the judicial system, which now has plenty of great judges, thanks to President Trump appointing conservative judges. The bull elephants of Africa, they do not just kill you. They eliminate you! They crush you and crush you and crush you until there’s nothing left. You can’t even be picked up with a stick and a spoon. That’s how much they disintegrate when they are riled up and attacking. I suspect that we are going to see the African bull elephant happen to this entire agenda of “assault firearm bans”. Evan Nappen 06:10 But until then, let’s look at what they want to do. Because if it doesn’t go that way, if it’s somehow upheld that these things can be prohibited and banned, and our rights can be walked upon in this manner, here’s what New Jersey is doing to the current “assault firearm” definition. Let’s actually look at what they’re saying. So, of course, we have the current law that we’re all familiar with. It has a list of 67 guns, and then they say “substantially identical” and that had never been effectively defined. We had case law that said “substantially identical” means the 1994 Crime Bill definition, which was amazing, since that was four years after New Jersey passed their law. How our legislators knew that an unconstitutional law would be saved by a federal law that was passed four years later, I don’t know. Somehow the court put that forward. We’ve lived under that for now. Page – 3 – of 11 Evan Nappen 07:08 But what they’re doing is they are now going to incorporate and define the specificity in the statute, the term substantially identical. By claiming that any of these above guns and platforms, you know, the 67 intrinsically evil semi-automatic firearms on that list, will now include under the term of “substantially identical” a semi-automatic rifle that has the ability to accept a detachable magazine. That’s step one. Any semi-automatic rifle that has the ability to accept a detachable magazine and has at least one of the following features. So, currently we have a two feature requirement. This is now any one of these features, and your semi-automatic firearm that takes a detachable magazine becomes contraband. Becomes banned. Becomes unlawful for you to possess with no lawful way of possessing it. There’s no grandfathering in this bill. Evan Nappen 08:20 If you’re caught possessing it, the penalty is so draconian it defies belief. It’s up to 10 years in State Prison with a minimum mandatory, mandatory, minimum three and a half years in State Prison, no chance of parole. If you get convicted of possession of an assault firearm, even right now in New Jersey, no less this expanded list that we’re going to look at in a minute, we are talking about the judge having no discretion whatsoever, and having to impose at least three and a half years in State Prison. And folks, if you have an assault firearm and you’re possessing one, if you get caught with it, you’re looking at that penalty right now. Hopefully we’re going to get all this won, and I honestly believe we will. But just in case it doesn’t, or if you get nailed before that happens, you’re looking at insanity in terms of a prison sentence. Evan Nappen 09:16 So how does this new definition with one feature? What are the single features that make a semi-automatic rifle that takes a detachable magazine intrinsically evil and must be banned at the second degree, felony level, where you’re looking at 10 years and a minimum mandatory three and a half in prison for just having any one of the following features? Number one, a folding or telescoping stock. Wow, you know how important a folding or telescoping stock is when it comes to fighting crime. I mean, a telescoping stock that moves one or two inches back or forth. I mean, that’s like an entire crime wave into itself, right? If you have that feature on your gun, you’re looking at the offense I just outlined. Teddy Nappen 10:09 Wasn’t there a case, Dad. Wasn’t there a case that you had where if you had a folding stock, it was deemed an assault firearm? Evan Nappen 10:17 Well, that’s exactly what it is. A folding stock or telescoping stock currently is, but wait. Teddy Nappen 10:24 Yeah. Evan Nappen 10:24 One feature, though – just one. Try another, a pistol grip. If you have any rifle semi-auto that takes a mag and it has a pistol grip, it’s contraband. It’s banned. You’re looking at draconian sentencing and Page – 4 – of 11 punishment for your possession. Even though you lawfully bought it from a dealer. Even though you had a firearms ID card and went through all the vetting, went through a NICS check. It doesn’t matter, doesn’t matter one bit. You’re going to State Prison. If it has a thumb hole stock, one feature, a thumb hole stock. That’s all it takes. It’s an assault firearm. A second hand grip or protruding grip that can be held by the non-trigger hand. A second hand grip. Every rifle has a forearm that’s a second hand grip. What are you grabbing it with? Your dick? No, this is outrageous. It’s stupid. It’s a hand grip. Well, if your semi-auto rifle has a hand grip, it’s an assault firearm. Evan Nappen 11:37 A bayonet mount. Oh my gosh, a bayonet mount. That’s because of all the drive-by bayonetings, of course. If you have a flash suppressor or a muzzle brake, if you’re just trying to tame recoil, it doesn’t matter. A muzzle compensator. A threaded barrel designed to accommodate. If you just have the threads on there. A flash suppressor, a muzzle brake, or a muzzle compensator. They want you having lots of recoil on your gun, lots of recoil. Can’t tame that recoil. They don’t want you to have any accuracy in your shooting or ability to shoot without muzzle rise. I mean, what the hell? Insanity. It doesn’t matter. A grenade launcher. Well, if you have a grenade launcher, that’s one thing. Having grenades, that’s another. And can you believe they want to prohibit us from having grenade launchers? What about all of us that go out grenade launching on the weekends? I mean, that really sucks, doesn’t it? Yeah. Evan Nappen 12:39 Then semi-automatic shotguns. Let’s look at shotguns. A semi-automatic shotgun that has any one of the following: a folding or telescoping stock, a thumb hole stock, thumb hole stock on a shotgun? I don’t know, maybe. I guess they’re out there. Who cares if it has a thumb hole? It doesn’t matter. Thumb hole stock. Maybe some of those trap guns have some of the interesting designs that we sometimes see. Well, they’re going to be an assault firearm under this bill. A second hand grip or a protruding grip held by the non-triggering hand. A second hand grip. Well, folks, if your semi-auto shotgun, and this just says semi-auto shotgun, it doesn’t have to be mag fed, so my friends, if your Remington 1100 or you’re Remington 1187 or you’re Benelli or you’re Browning, you’re A5 or your standard good old reliable semi-auto shotgun that you inherited from your grandpa, if it has a forearm on it. Gee, I don’t think I’ve ever seen a semi-auto shotgun that doesn’t have a forearm on it, where you grip it with your hand, that shotgun becomes an “assault firearm”. Evan Nappen 12:58 What are they doing with pistols? A semi-automatic pistol that has the ability to accept a detachable. magazine and has at least one of the following. So, basically every semi-automatic pistol that uses a detachable magazine, which is, oh, maybe 99% of all pistols, right? Hence, what semi-automatic pistols are, which are, except for some exceptions, a few exceptions, they’re magazine fed. I know the Keltec uses the stripper clip deal into a fixed mag. Maybe you have an old broom handle that uses a stripper clip into a fixed mag, but short of that, just about every pistol out there immediately has the ability to accept a detachable mag. And if your pistol has a folding or thumb hole stock, and of course they’ll view a pistol brace as that, because New Jersey can interpret it their own way. A thumb hole stock. A second hand grip or protruding grip that can be held by the non-trigger hand. There are, of course, Page – 5 – of 11 larger revolvers, some that utilize even a form of a horizontal forearm. We’ve seen different grips that can go on other types of pistols. Evan Nappen 14:07 So, attention all fuds. Attention all fuds who think, who cares about “assault firearms”? It doesn’t affect me. Well, guess what? All your semi-auto shotguns with forearms become assault firearms overnight, if this bill gets signed into law. A fixed magazine capacity exceeding six rounds. The ability to accept a detachable magazine. So, if you have any semi-auto shotgun that uses a detachable magazine. It doesn’t matter how many the mag hold. If it can accept a detachable mag, it’s instantly an “assault firearm”. Teddy Nappen 16:22 Isn’t there a mod you can do for Desert Eagles? Evan Nappen 16:24 Sure. There’s all that stuff out there. You’re right. A capacity, now, here’s this. It’s just absolutely weird. Listen to this. A capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip. So, if your pistol can hold, outside of the pistol grip, an extra magazine. It doesn’t mean that the magazine has to actually function. But if you have a handgun that has some capacity to hold an extra mag, then that’s an “assault firearm”. If your pistol has.. I don’t even.. I guess there are some.. Teddy Nappen 17:10 I think they’re referring to, you know, when you tape mags together, sometimes. Evan Nappen 17:14 I guess. Well, I don’t even know if that’s possible on a pistol. Or if you have some type of magazine holder that is somehow attached to a gun. I don’t even know what they are referring to. Maybe the Roneys. You know, where your Glock goes in the Roney, and you can have an extra mag up there that you can just grab. I don’t know. But if it can do it. Here’s a great one. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencers. Oh, a threaded barrel. So, now, because your pistol has a threaded barrel and you just want to have a compensator on there, or extra barrel weight. Single feature. It’s an assault firearm. Evan Nappen 18:01 Any handgun with a manufactured weight of 50 ounces or more, when the pistol is unloaded. And then thrown in, I guess, for laughs, is a semi-automatic version of an automatic rifle, shotgun, or firearm. A semi-automatic version of an automatic. So, what are semi-automatic versions of full automatic firearms? Well, that’s going to now include, well, obviously your semi-auto Thompsons that are legal. They’re going to be illegal. Any semi- automatic. Then the entire class of ARs, right? That, of course, will fall under that. So, this isn’t even handguns. That’s just as a general catch-all that it’s any semi-auto. And most semi-autos are versions of what are otherwise full auto or select fire guns. Just about every semi auto rifle out there, you know. Very few that aren’t that. I mean, you may find some exceptions, but good grief. Look at the stroke of coverage. That isn’t even a feature bill, that isn’t even a feature bill. Page – 6 – of 11 Evan Nappen 19:23 Even if you have a semi-automatic rifle that used any kind of magazine. It doesn’t have to be a detachable magazine, anything, or a semi-automatic version of an automatic shotgun, rifle, or firearm. Wait a minute. Broom handles that we talked about not having a detachable mag would seem to be legal. But under this new bill, now they’re illegal, because broom handles also had a happy switch at a certain point. And a semi- automatic version of it is now going to be flat out illegal, even though it doesn’t use a detachable magazine. So, you can see how far back and how far reaching and how broad this insanity is. Teddy Nappen 20:12 Wouldn’t it also meet the weight category? Didn’t they say, like, what is it, 50 ounces or something? Evan Nappen 20:18 No, I think it’s under on that, but look, I’m not sure. I haven’t weighed a broom handle in a while, but hey, it could be. The bottom line, folks, is this is what they see as important to do. They see this as something that has to get done to us. To turn us all into criminals. Doubling down facing what is going to happen in the courts, and that’s where I really want to tell you. As crappy as this bill is, as insane and stupid as this bill is, the bottom line is we are positioned beautifully for the death of this insanity, finally, finally. And that’s not just because of Viramontes and Grant being decided by the U.S. Supreme Court, but our own cases that are currently in the Third Circuit Court of Appeals with the en banc panel. We’re going to see decisions coming out both on “sensitive places” and on “assault firearms”, and we’re going to see those decisions before we even see the Supreme Court rule in about a year on “assault firearms”. I believe within the next few months. Because we have a panel that appears to be one of the most respectful of the Second Amendments of any appellate circuit federal court out there, I believe we’re going to see our New Jersey suffering end sooner than even the Supreme Court’s death knell that should happen in June 2027. So, we have a lot to be positive about. The positive is this is really positioned to finally be crushed like a bull elephant smashing its prey into absolute oblivion, and I’m gonna be extremely happy when that day comes. And after that, my friends. Go ahead. What, Teddy? Teddy Nappen 22:30 Well, I’m just kind of thinking back to when you were starting off, Dad. Think to the New Jersey for the assault to the assault weapon ban, the original assault weapon ban, where that came into play, just thinking along lines of like what were the what was the arguments, and like what was the things they used as their tactics. Evan Nappen 22:50 Well, I can tell you, folks, the history. Back in late 1989. I actually become attorney in 1988. They passed the bill that became effective in May of 1990. New Jersey’s assault firearm ban. And I remember back then we did not have the Second Amendment established by Heller and McDonald and Bruen. We did not have the test of constitutionality with the historical analog requirements, etc. We did not have any of that. We didn’t even have a court declaring that the Second Amendment was an individual right. We all knew that it was a violation then of the Second Amendment, because we all knew what the Second Amendment meant. But we didn’t have the juice. The case law didn’t exist. Page – 7 – of 11 Evan Nappen 23:48 So, our approach at the time, which was initially successful, was going at the vagueness of the statute itself, which worked in Merrill. That’s how New Jersey’s law evolved when they brought the federal case over that. But we had arguments then, and it did turn thousands and thousands of citizens into criminals. and still does to this day. Looking now, years later, 30 plus years now later, we’re finally going to see the end of it. It’s been a long time coming, but we will win this. It took a long time, but what we’ve established in getting to this point will protect freedom for generations. And that’s something I’m proud of, because I was a small part of that. All of you that have fought for our rights are all part of it, and we’re seeing history right before our eyes. Evan Nappen 24:58 But you’ve got to know, you’ve got to understand that this law has been devastating to so many people. It has destroyed and harmed. It has caused far more harm than any firearm has actually caused in terms of the absolute destruction to law-abiding citizens. When you look at how small the numbers are for deaths and such from these particular guns, it’s minuscule compared to just how many people have suffered. And that’s why, my friends, after we get this victory, I want reparations for gun owners. That’s right. Reparations for gun owners who suffered under New Jersey’s tyrannical laws that destroyed, harmed, and took away rights. Listen, reparations here, we have real victims that are alive today, not generations ago. Alive now that have paid a price for this insanity by New Jersey, and they deserve reparations. We’ll be talking more about that after we destroy this horrible, most horrible of infringements. Calling it an infringement, actually, is almost doing it a disservice. It’s an atrocity, an atrocity passed by New Jersey. So, stay tuned. These are good times. I’m extremely cautiously optimistic for us, and you should be as well. Evan Nappen 26:43 Hey, let me tell you about our good friends at WeShoot. WeShoot is a range in Lakewood, an indoor range. It’s the range where Teddy and I love to shoot. It is a fantastic resource. You will love WeShoot. Many of you already shoot there. They have great training. They have great pro shop, and they can get you equipped. They can get you everything you need, so that you can stay sharp, focused, trained, and practiced with your gun,. Because if you don’t shoot your gun, what good is it? You’ve got to keep the skill set and keep your training. Make sure you’re on it. It’s super important. WeShoot is a great resource, right there in Central Jersey, conveniently off the Parkway in Lakewood, New Jersey. You can go to weshootusa.com. They have a great website. We love WeShoot, and so will you. Their training is first rate. Get your CCARE certificate so that you can get your carry. You can get advanced training or basic training. You can have the most fundamental. If you have someone in your family who doesn’t know a thing about guns, they can get their start the right way at WeShoot. If you have someone, maybe even yourself, that’s really advanced and want top of the line advanced training, they can provide you with those services there, too. They’re the best. So, check out WeShoot at weshootusa.com. Evan Nappen 28:29 And while you’re at it, make sure you get a copy of my book, New Jersey Gun Law. It is the bible of New Jersey Gun Law. It’s a book everybody uses, judges, lawyers, firearms division, you name it. It’s Page – 8 – of 11 the guidebook to help you from becoming a GOFU. You don’t want to become a GOFU and that’s one of the best ways of avoiding it. Knowing the insanity of New Jersey so you don’t get caught up in the traps that they lay for law-abiding gun owners. So, they cannot turn them into criminals, and then shout to the stupid general public to make it look like they’re doing something about crime when it has nothing whatsoever to do with it, except destroying their counter voter constituency. That’s the reality of what they’re about. So, be smart. Get a copy of my book at EvanNappen.com. Go to EvanNappen.com and get your copy today. Teddy, what else do you have for us? Teddy Nappen 29:33 As you know, Press Checks are always free, and there’s something that seems to be coming up more and more. As we know, the Left on their last legs when it comes to their attacks on our rights, particularly with the victories that we’re having, and the ones that we’re going to have in the Supreme Court, all the challenges. But I will give them credit as they get more and more creative and look for other ways to abuse. So, this goes back a year ago, and this was from Gun News Daily. This is under Platkin from the Office of New Jersey Attorney General. (https://gunnewsdaily.com/n-j-offers-free-decals-for-gun-free-zones/) They were offering free gun-free zone decals to establishments wishing to register as designated gun-free areas under the sensitive places law. So, they were actually trying to disarm you in the best way they can. Just getting a bunch of individuals who have their property, any place, storefronts, whatever, and say no. No guns allowed. Don’t defend yourself. And this brings into an issue that I find important. It is a clash of rights, where it is the argument of property rights versus our gun rights. And look, we’ve seen the abuse of property, where you have people coming on to it. You see the squatter issues, and you see many on that end. But when it comes to gun rights, which is our civil right, it’s something that I think is going to come to blows eventually, and I think this needs to be handled. Evan Nappen 31:06 Well, particularly after the Hawaii case, where now the vampire rule is unconstitutional. We’re going to see more regarding sensitive places when the Third Circuit Appeals decision, which should come out shortly on with Koons. The Koons decision on New Jersey’s sensitive places, and I’m excited to see what the panel has to say. But you’re right, Teddy. What they’ll try to do is they’ll try to pit property rights versus gun rights, and they’ll try to still encourage private entities to put up ” gun” signs. This way the clash between property rights and gun rights has to get figured out, because yeah, we have the Hawaii case that talks about places open to the public where the federal government cannot make a law regarding that. Evan Nappen 32:04 But a private entity still has the ability over their private property to decide who can go on it. So, they can say no shoes, no shirt, no service. They can say no animals, no whatever. There’s different things property owners, you know. But the line gets drawn over race because of civil rights. You can’t say no blacks or no Jews or no Hispanics. You can’t do that, but you can limit other things on your property. So, I believe strongly in property rights, and I also believe strongly, big surprise, in gun rights. But what happens is many times with rights there’s a clash of rights. Property rights and gun rights may have a clash here if a property owner doesn’t want guns on their property. Where do we draw the line? Does my right under the Second Amendment, my fundamental, God-given right to defend myself with the Page – 9 – of 11 most effective means, does that right that I have to do that, which is a right 100% established, no question about it. Does that right override or supersede a property owner’s property rights? And that’s where the antis will play that game. They’ll try to get property rights made superior to gun rights, but in reality, that should not be the case. It should be the opposite. Gun rights should be put on the very same plane as civil rights. It is a civil right, and I mean in the same way that you aren’t allowed to exercise racial discrimination, you also cannot discriminate against individuals that are exercising their Second Amendment right, their individual right to keep and bear arms. It belongs in the same class. Teddy Nappen 34:09 Just to go into, like, where the test would be needed for when it, if the Supreme Court ever took a case on this. Basically it would acquire the equal protection clause to where that falls into the category of strict scrutiny, where we’re in the grouping where it’s like you cannot discriminate race, religion, creed, and gun owner, effectively, where you well kind of like. Evan Nappen 34:31 I don’t know. I don’t know if that is a test that will be utilized or not. Because if it’s gun rights, then we have to go back to that historical analog, but when it comes to property rights and how far you can assert it, it’s somewhat of an open question. I can tell you this. Any business stupid enough to put a sign out there that no guns are allowed. So that you are effectively disarming every one of your customers. Get ready to get your ass sued off when a crime occurs in your place of business, and you disarmed the defender who could have otherwise defended themselves. You want that lawsuit? Because that’s what you’re going to get. That’s exactly what you’re going to get. So, think real hard before you put up a “no guns allowed” sign, because the “no guns allowed” sign is also saying sue me if a crime occurs here, and you couldn’t defend yourself. That’s also what that sign says, just not in writing on it. Teddy Nappen 35:37 Was there a case where someone was forced to disarm, and they were either shot or injured because they were disarmed? Evan Nappen 35:47 I believe there have been, but I don’t have them right at my fingertips. But I’ll tell you what. I don’t see a problem with that cause of action. I don’t see a problem because there is tort action in New Jersey called failure to provide adequate security. So, businesses have a duty to provide adequate security. If they ban someone who has a carry license from carrying a gun and protecting themselves, and they have a duty, which they do have, to provide adequate security, then I can well see an excellent civil lawsuit taking place under their duty to provide adequate security. In fact, making the premises less secure by taking away not just a permit to carry holder, but a trained permit to carry holder. And why do I say they’re trained? Because training, my friends, is part of getting your carry permit, isn’t it? In the Carry Killer law, what do they require? CCARE. You’re trained. Trained in what? Use of force. When you can and can’t shoot. Trained in what? How to shoot safely. You must pass and qualify. So, they are stopping state-qualified individuals who have a permit to carry from lawfully defending themselves, and then failing to provide adequate security to those people who they mandated disarm themselves. Good luck with that civil suit. Dumb ass business for putting that sign up. Good luck with that. Page – 10 – of 11 Teddy Nappen 37:34 I’m still waiting on New Jersey trying to force the where they require that class. I remember it was EveryTown was running those stupid classes for training them up for firearms, and it was just a long propaganda wing that they just go through all their talking points. There was barely any knowledge being taught in actually handling the firearms. I’m waiting for New Jersey to force you to take that particular course, so I guess that’d be another abuse to that as well. Who knows? Evan Nappen 38:07 And then those will be challenged too, but the good news is we’re making tremendous progress. I believe really great things are soon on the way here, and I mean within reach. It’s going to be great. But in the meantime, we still have GOFUs taking place, Teddy. We have Gun Owner Fuck Ups. GOFUs, as you know, are expensive mistakes that clients and others have made, and I want to always advise my beloved listeners, about these GOFUs. So that you can learn for free the mistakes that others have made. One of the GOFUs that we see a lot, and I mean a lot, folks, is not knowing what’s in your handbag. Not knowing what’s in your suitcase. Not knowing what’s in your briefcase. When I say not knowing, I mean forgetting that your gun is there. You may think, why would I ever forget that my gun is there? But oh my god, we get the airport cases. We get the folks that are visiting historical places where they have screening. We get cases where people are going to amusement parks. We have all these sporting events, entertainment events, etc. And they’re bringing their backpack, or they’re using a range bag or something that they had used to go to the range or something. Where they had traveled with a gun, and forgot. Evan Nappen 39:43 Folks, be extra careful. Just like Press Checks are free, it’s absolutely free for you to thoroughly and completely empty your purse, empty your bag, empty your suitcase, empty your briefcase, check every pocket. Make sure it’s empty, and then put in what you need. Make sure that you’re not carrying by accident a gun, a magazine, or ammunition. I’ve seen it all, and these things lead to criminal charges. Often they lead to you facing draconian penalties and losing your gun rights. Make sure that you double check any of these bags and make sure you know the places that you’re going as to whether you’re going to be security screened. Evan Nappen 40:40 I’ve had many clients say they walked up and they saw that there was a metal detector or screening taking place, and instead of just turning around, going back to the car, because they suddenly remembered they have it, they figure, well, I’ll just tell them about it. I’ll just be honest and say, look, I have it. What do you want me to do? GOFU. GOFU. If you do that, boom! Next thing you know, the police are involved. Don’t ever go through those security checkpoints of any type with any kind of firearm, accessory, ammo, or anything. It causes tremendous grief, and is one of the top GOFUs that we see every day. Evan Nappen 41:33 This is Evan Nappen and Teddy Nappen reminding you that gun laws do not protect honest citizens from criminals. They protect criminals from honest citizens. Page – 11 – of 11 Speaker 3 41:44 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 S5 E298_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. Email Evan Your Comments and Questions  [email protected] Join Evan’s InnerCircleHere’s your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

  Episode 297- SCOTUS Win on Assault Firearms Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 15 Gun Lawyer — Episode 297 Transcript SUMMARY KEYWORDS Supreme Court, assault weapons, Second Amendment, gun rights, New Jersey, NRA, firearm laws, Heller decision, McDonald, Bruen, reparations, gun control, concealed carry, Thomas Jefferson, gun lawyer. SPEAKERS Speaker 3, Teddy Nappen, Evan Nappen, Speaker 1 Speaker 1 00:11 Lawyer, Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:22 And welcome to Gun Lawyer. Well, my friends, I have to tell you, this is just one of the greatest moments in what I would have to say in our fight to destroy gun rights suppression. It is just a banner time right now. Absolutely, a crescendo at a moment here that I’m just so excited about. Truly, truly excited, no joke. The Supreme Court of the United States has granted certiorari, meaning accepted the case, so that it means there will be an opinion, a decision, a rule made by the Court finally on so-called “assault weapons”. (https://thereload.com/supreme-court-to-decide-constitutionality-of-ar-15-bans/) Evan Nappen 01:27 Yes, we’ve done it. We have finally gotten to where the U.S. Supreme Court is going to look at the impact of the Second Amendment on this issue. I can tell you that I’ve personally been battling and fighting in the state of New Jersey since it was first enacted in May of 1990. Looking back to those days, I remember just thinking, man, hopefully we’ll one day get the United States Supreme Court to deal with this issue. But back then there was no Heller decision. There was no Supreme Court decision that even said that the right to keep and bear arms was an individual right. We didn’t even have that back then. And when the anti-gun rights crowd embarked on this brand new approach, which it was at the time. Evan Nappen 02:38 To understand the history and where we are right now, why it just is so meaningful, you need to understand that the gun rights attack, the effort by our adversaries, to destroy our right to keep and bear arms, basically, in modern times, started after World War One. It was essentially imported here Page – 2 – of 15 from the U.K., from Great Britain. It had gotten its roots there, and it came across the pond like a cancer. It percolated to the point where by 1934 we ended up with the first National Firearms Act. Prior to ’34 but after World War One, you saw states passing state laws of what we commonly call gun control laws. And the gun control laws of those days first initiated through the ’20s, and we still have remnants of those laws still on the books, by the way, in New Jersey and other places. They were put forward by state legislatures and enacted, and those gun laws were mirrored and influenced and encouraged by what was taking place originally in Great Britain. Evan Nappen 04:22 These laws in America at that time period, and you may find this surprising, and it’s not meant to be bashing in any way of NRA. But they were even supported and promoted by the NRA at that time. The NRA had even put forward what were called the “model firearm laws”. They put model laws together that they wanted states to pass. The NRA saw its mission then in a naive, unfortunately, you know, very naive, as certain gun laws and such, that they would support. Now, since then, that’s not their position, and they’ve learned from this naive mistake. But it led to the 1934 Act, and we’ve suffered under that this entire time. It became the first national gun rights oppression law. Even at the time in the “American Rifleman”, you could read it, and they even praised it. They said, “Ah, and this is how they viewed it. You’ve got to understand, put yourself in the time. They said, “Ah, we’ve solved the gun problem in America.” We’ve passed this great national law, and now we’ve resolved it. We’ve solved it. We’ve addressed it. It’s done. And, of course, it was far from done. But for approximately 30 plus years, that was about it for our national laws on guns being passed. Evan Nappen 06:00 Then along comes the ’68 Gun Control Act, which built upon, to a certain degree, of course, built upon the NFA. We already had that national law and then the ’68 law. Then ’72 and then ’80s and ’90s, and etc. So that foundation got laid. And in between all this, what you mainly saw the fight as being, though, where the modern day focus, the modern day focus was handguns. I remember through the ’80s, before the invention, and that’s what it was, the invention of the “assault weapon” issue. It hadn’t been invented yet. Everything was, we only want to ban handguns. Handguns were the symbol of crime. Every news show on the major controlled networks, there weren’t any cables, you know. You just had ABC, NBC, and CBS, and you had their nightly news. And anytime they talked about crime, whether there was a gun involved or not, they always showed a handgun on the news screen anytime they talked about crime. So the propaganda was put there. Everything was about banning handguns, and the main gun rights oppression group of the day was known as Handgun Control. Handgun Control was a big group. You had players at the time like Pete Shields and others, and this is where the push was. Then along comes Josh Sugarman, who puts out his manifesto. Teddy Nappen 07:50 Closet hoplosexual. Evan Nappen 07:52 Right. His manifesto of the assault weapons and their accessories. And even in his manifesto, he writes that the American public will be fooled by this, because they don’t know the difference between machine guns and semi-autos. This lays the groundwork for this. And lo and behold, we have California Page – 3 – of 15 with Patrick Purdy and the massacre that occurred in that incident, and that’s all the blood they needed to dance in. Then the assault weapon laws became the biggest threat to our Second Amendment rights, and everything weirdly shifted, weirdly shifted, so that handguns, with the growth of concealed carry, which has been an amazing success for gun rights support. Handguns are not the big issue for banning, except for, of course, a modern day focus on Glocks, because they’re easily convertible, right? Except for that. You don’t see the push like you used to ban handguns. Evan Nappen 09:00 Of course, Heller took care of that as well. Saying you can’t. It’s unconstitutional to ban handguns, too. But the push on semi-automatic rifles under the contrived created term of “assault weapon”. They took the German of Sturmgewehr, which was the true original assault weapon, a medium power round in a long arm that’s designed for urban settings. It is select fire, both full auto and semi-auto. And causing this, creating this, and putting it with that scary “assault weapon” moniker to scare the public and sell it. And it was to their credit, to a certain degree successful. It was successful in a number of states that passed state laws, including New Jersey. They passed one of the one worst, most destructive, horrible gun laws that have ruined good people. We’ll talk more about that in a little bit. Evan Nappen 10:06 And even a federal law at one point through the 1994 bill that was a crime, which they call the Crime Bill, but I call the bill that was a crime. We had the first national assault weapon ban. That law sunset and went away in 10 years, which was 2004, and they’ve not been able to reenact another federal ban since. But that ban did end up living on, by the way, in the state of New Jersey, because New Jersey adopted the language of that to save New Jersey’s assault firearm ban from being declared unconstitutionally vague. Now that was started by a case that I did, State v. Merrill, where I had the law declared unconstitutional for vagueness because of the term “substantially identical”, which was undefined. What does “substantially identical” even mean? How can something be substantially and identical at the same time? It’s like saying almost exact. Nothing is almost exact. It’s either exact or it isn’t. And because of the vagueness of that term, it was found unconstitutional by Judge Michael Farron, Monmouth County. We knocked out the case. Evan Nappen 11:21 That case was then brought into federal court by the gun rights groups, and that’s where the Attorney General, in order to save it, adopted the 1994 federal crime bill standard that was feature specific. We still live by that today in New Jersey, as to what makes a compliant gun or not, as to the definition of “substantially identical”. The court said, well, now that you know the definition, it’s no longer vague, and therefore it’s constitutional, which is, of course, a judicial lie, a fallacy, a falsehood. Because what that means is that somehow in 1990 our legislators passed an unconstitutionally vague law that did not have definition and somehow knew that in 1994 the federal government would pass a law that defines the undefined law in New Jersey. That’s just ridiculousness squared. But nonetheless it is law, at least as it stands in New Jersey now. We saw other states and other counties constantly push on the so-called “assault weapon” ban, a focus being on the big bad AR-15. We’ve had fight after fight. Page – 4 – of 15 Page – 5 – of 15 Evan Nappen 12:35 And as our battle for Second Amendment rights continued through the courts, we got the trifecta. We got the Heller finding of what we all knew in our hearts was true, that the Second Amendment is an individual right. We got McDonald, which said this doesn’t just apply to the federal government, it applies to all states and localities. And then we got Bruen that laid out the test of constitutionality and gave us the requirement that carry permits must be issued, must be issued. With that buildup of having the trifecta, we’ve now gotten more cases from the Supreme Court that solidify this approach. And just now, in this moment in our lifetimes, the Supreme Court has finally accepted the challenge to the bans of so-called “assault weapons”. The name of the case. Teddy Nappen 13:36 Particularly those two cases. Evan Nappen 13:39 Yes, Viramontes v. Cook County, and Grant versus Higgins. Now, those cases, the Cook County case is the Illinois’ local county. It’s a local assault weapon ban ordinance, just an ordinance banning. And then the other case they took was in Connecticut, which is a statewide ban. Why do that? Well, what’s great is they’re going at anywhere and everything, whether it’s local or state. The challenge is across the board, as per McDonald. It’s incorporated both local and state. So we now have a certiorari grant combining two cases, and it isn’t just limited to Connecticut and this one local county in Illinois. Their decision will reach all localities, all states, and stand in the future with our win, that I am confident we will win, to stop future federal laws on this. Here’s the actual. Go ahead, Teddy. Teddy Nappen 14:52 I will point out that this is just something the we. I always keep an eye on, like all the arguments the Left always do. I always love the ad hominem attack, where they say. Well, this is just some Second Amendment Foundation (SAF), which is they are a party to both cases. (https://saf.org/supreme-court-grants-cert-in-saf-assault-weapons-cases/) They’re the ones that brought the cases. Second Amendment Foundation was joined by the Firearms Policy Coalition. They brought the Vermont. Evan Nappen 15:16 And second Amendment Foundation. Teddy Nappen 15:17 And Second Amendment Foundation, along with the Connecticut Citizens Defense League. They always try to say. Evan Nappen 15:21 Teddy, there are also individual plaintiffs that are very important, that have standing, that have gone this distance. So, this is actual people and organizations. Teddy Nappen 15:32 Yeah, astroturf. Page – 6 – of 15 Evan Nappen 15:32 Yeah, well, astroturf, that’s a joke. Teddy Nappen 15:36 Yeah, but that is. Evan Nappen 15:37 I mean. Yeah. Go ahead. Teddy Nappen 15:40 Just to take that in. Throughout history, just look at the cases throughout, like some of the major Supreme Court cases. I think it was, what was it, either.. I think it was like maybe Plessy versus there was one regular Supreme Court case where it was brought by the, the.. it was about segregation. It was the train companies, where they’re trying to make sure they didn’t have to make extra cars for separating blacks and whites. And it was brought, and they actually set it up to have the case, to get the individual arrested for the segregation. It’s not the first time you’ve had organizations, and that’s throughout all, like a vast majority of cases where you have other. Evan Nappen 16:22 Listen, Teddy. Astroturf? Rosa Parks was a setup. Rosa Parks at the back of the bus, racial segregation. What do you think? It was engineered to make the challenge! Yeah, so don’t give me that. You want to put the issues forward and get the issues decided. Good, good. They have actual plaintiffs. They have actual people that are suffering under these laws, and they have organizations that represent vast amounts of members. It’s fine. It’s real. The assault firearm bans are real, and in New Jersey, their impact has been one of absolute destructive power. But let me just tell you what the court, just to close this, so we know exactly what they’re going to decide. Here is the question presented that they have granted certiorari on. Here it is, ready? Whether the Second and 14th Amendments guarantee the right to possess the AR-15 platform and similar semi-automatic rifles. This is great! One of the criteria that the antis are going to use, is they’re going to say, well, it has to be arms that are commonly possessed. Well, the AR-15 is the most commonly possessed rifle in America. As a matter of fact, folks, there are more AR-15s than there are Ford F150 pickup trucks! Let that sink in. Teddy Nappen 18:08 That was the other argument I’ve been seeing from The Trace. (https://www.thetrace.org/2026/06/assault-weapons-bans-supreme-court-2a/) They just did their whole, you know, boo hoo, whining, and crying. It was from Chip Brownlee. Guess the first thing they highlight? This is the fight for the dangerous and unusual AR-15. Like that’s the common use. That’s the spin that they’re going to use. They’re trying to lay the groundwork on, is that whole idea of. Evan Nappen 18:34 Well, you know why? They don’t have historical analogs under the Bruen test anymore, that can help them. Their analogs have had their legs cut off. The one they loved was about the Black Codes, where they banned blacks from Bowie knives and guns, or whatever. And Alito, just in the recent opinion, made it clear that’s a tainted relic. It can’t be taken seriously. So, forget it. That analog is out the Page – 7 – of 15 window. They just revealed, based on research by Stephen Halbrook, that the precedent claimed for carrying – as a matter of fact, this was even in Kuhns. One of the precedents relied upon by the court was a law that never was a law. It was simply something in some Frenchman’s book that talked about it. But the actual law was not how they’re citing it at all. Their analogs are fraught with fraud, fraught with being completely tossed in the garbage can, and they know it. When it comes to that Bruen test of history, text and tradition. In order for a law to be upheld and found not to be unconstitutional under the Second Amendment, the Government has the burden of showing the past analogs that there were other laws that were like that law that make this new law acceptable. And they don’t have that. They do not have it. So, they’re falling back, Teddy, to it’s not common use. Well, that’s falls flat on its face. They’re falling back on what? What’s the classic? Why don’t you tell us? What’s the classic when all else fails for them to cry about? Teddy Nappen 20:34 Blood In The Streets. That’s Blood In The Streets. They always cite two BITS. We have to consider the gun violence when considering this. All that goes right to Brown. Evan Nappen 20:43 Public policy. They always go back to the public policy arguments, public policy, and guess what? That doesn’t cut it! That doesn’t justify infringement of the Second Amendment. That argument is dead in the water. It’s not the test. It’s not a balancing test. Balancing tests aren’t allowed. Done, dead, gone. You can’t balance public policy. Can’t do it anymore. They know they’re going to be crushed, and I cannot wait for that day. I cannot wait till, at the latest, it’ll be next June. We’re going to have a decision that removes finally. I know it in my bones. Gets rid of, ends this travesty called the “assault weapon” ban. Let me tell you something. These laws have destroyed good people. These laws have created more harm than they claim the firearms themselves have created, especially in states like New Jersey. Evan Nappen 22:00 It isn’t just that an individual can’t have that gun or this gun. It’s the aggressive insanity of enforcement destroying people’s lives. If you get convicted of possession of an “assault firearm” in New Jersey, right? An AR-15 that has a bayonet mount on it and a pistol grip. You are now guilty of possession of an “assault firearm” because of a bayonet mount. You’re looking at 10 years in State Prison with a minimum mandatory three and a half years. No chance of parole. Three and a half years – minimum mandatory, folks. No way around it. No way. If you’re convicted of that, the judge has zero discretion. You can be Mother Teresa, and you’ll have to get three and a half years minimum mandatory in State Prison because you had a gun that had a bayonet mount and a pistol grip. You can only have one offending feature, and the pistol grip is one offending feature, right out of the box. And you had two because your other one was a bayonet mount. You know how important bayonet mounts are to crime. I mean, come on. What about all the drive-by bayonetings we have to take care of here, right? Folks, that’s how they.. Teddy Nappen 22:00 I think you also. Just looking at the future, because from the facts of where everything’s lined up, yeah, we’re going to win. And just seeing that right now, the way things lay out, I look to. Page – 8 – of 15 Evan Nappen 23:45 Well, we don’t want to be overconfident, but we. Teddy Nappen 23:48 I understand. Fine, cautiously optimistic. Evan Nappen 23:52 But I am cautiously optimistic. I am incredibly cautiously optimistic with an emphasis on optimistic. Teddy Nappen 23:59 I always look to what is left of their, what would be the next step, then on there on the gun right suppressionist? Because the only thing I could think of is they’re just going to try to put. Evan Nappen 24:09 Wait, wait, wait. Hold that thought for a minute. I just want to finish about the other destruction that has occurred. Like I said, it’s not just that you get arrested and you’re charged with assault firearm. Then you’re thrown in the Gulag, and they want to hold you until your trial. You’re going to spend at least a week, even if your lawyer can get you out before your trial. You have that fight. Then they use it as a licensing disqualifier. If you had an assault firearm, you’re banned from ever having guns again. It doesn’t matter. It’s an assault firearm. On top of that, they have made assault firearm possession not releasable under the Gulag. Remember, we’ve talked about this. It becomes a criteria where there’s a presumption for you to be held in jail. Presumption in favor all over this nonsense. So, you see it’s far-reaching, and what happens when someone inadvertently gets involved in this? Your life gets destroyed. You lose your career. You lose your family. You can lose your freedom. You lose your gun rights, and it’s devastating to people. And then there are those that are doing hard time because they are otherwise lawful possessors. It doesn’t matter. They’re doing the time, having their life destroyed, and having been turned into felons. Evan Nappen 25:40 So, let me just say this. After this decision is a tremendous win for our gun rights and for civil rights, because it’s in the same category as the First Amendment, folks. It’s in the same category as a fundamental right under the Bill of Rights. What I want to see after that decision is reparations to gun owners. That’s right. Reparations to gun owners. You know, they talk on the other side about reparations for slavery to generations later that were never slaves, and they want reparations. Here we will have reparations to individuals who are still alive and have suffered. To anybody that had to give up one of their guns that never should have had to. To those that went into the Gulag and suffered that never should have. To those who have done State Prison sentences that never should have. To those who have lost their gun rights, who have had their families, their lives, their freedom, and their fortunes, all destroyed. Reparations to them. Wait till after this decision comes down. Then we push for reparations. We don’t let it end. Oh, sure. Is that difficult? Will it be hard? Yeah, but it’s no more hard, and frankly, less, way less, of an ask than those asking for reparations for slavery, where we don’t even have the victims of that alive today. Page – 9 – of 15 Teddy Nappen 27:09 It’s also very easy to quantify, because you go into just the legal fees that were brought, the time in jail. Plenty of people have sued and won on those cases. So, it’s something you can actually determine, as opposed to generational racism. It’s ridiculous, as ridiculous sounds, but to this end, where someone who had their life destroyed because of the gun control that they have pushed over the years. Evan Nappen 27:39 That was utterly a violation of our fundamental rights and Second Amendment civil rights. It absolutely is going to lay groundwork for at least tremendous litigation, and really we should have eventually a federal reparations law requiring states to pay that ever had these laws. To compensate individuals who suffered under their tyranny. So, Teddy, you had something else to mention. I know you did. Teddy Nappen 27:39 Yes. So, the one thing I was looking at, whenever I always look to our opponents, because I try not to think of them as being stupid. Even though they are pretty retarded on a lot of different fronts, but they always keep pushing. And I remember this term for it, of what they were described. The Left and the Marxists are line steppers. They go with the idea of what can we get away with, what can we push for, because they always go for that. It’s always just progressivism for progressive sake. Cut to trans ideology. Cut to, you know, we’re going to take your children away and then transition them. Cut to any form of the Left in its insanity. Teddy Nappen 28:16 I always think what will be the next push, and I can see it right now. Repealing the Second Amendment will be the next step. Evan Nappen 28:16 100 percent. Teddy Nappen 28:36 Yes, that will. That’s the only. The only thing I can think of is what they did to Penny, what they did to all the other self-defense cases that we’ve had. Fine, you can have your firearms, but if you ever use them, we will drag you through the courts. We’ll make your life a living hell. We will make it so that people will want to murder you and come to your house and dox you. That’s the only thing at this point. That’s all they have. They are the party of violence, that is shown. You have doxing websites they run. That is the only two avenues I can see for that, and also suing the gun shops into oblivion, which we need to do something with the, I think, what is it, the PLCAA, where it’s the protection. Evan Nappen 29:59 Yeah, PLCAA. (Protection of Lawful Commerce in Arms Act) Right. Teddy Nappen 30:02 We need to improve and expand PLCAA, and just say no. Stop wasting the state’s money. So, I don’t know what the test would be, but we need to. Page – 10 – of 15 Evan Nappen 30:12 Well, the fight will definitely change, and you know, the gun rights oppressors are not going to give up. But. Teddy Nappen 30:21 Of courses not. Evan Nappen 30:21 It will absolutely take away one of their actually most successful modern gun rights oppression tax. This will be one of. This will destroy what has actually been one of their areas of success, to be honest. They have succeeded in multiple states, and even at one point federally over this. This will destroy it, kill it, and they’re going to be knocked back on their heels very hard by it. And then we need to finish the job. Evan Nappen 31:00 Repeal Hughes Amendment. Evan Nappen 31:01 We need to go at reparations and make it so that when any of these governments decide to embark on rights violations, that down the road we make them pay. We just don’t kill the law. We just don’t knock it out, so that it no longer has effect. We have to make them pay for what they did to good people, and we do that through reparations. Teddy Nappen 31:29 We should also repeal the Hughes. Amendment. Evan Nappen 31:31 That’s going to build. Once you get this case, then, of course, the rest of NFA, any other hardware bands, all these things are going to be on the table. We will have even stronger, better case law to take it all out as the house of cards built by the gun rights oppressors collapses. Hey, and by the way, let me tell you about our good friends at WeShoot. WeShoot is a range in Lakewood. It’s where Teddy and I both shoot, and that is, of course, where we get our training. And I want to tell you that they are offering New Jersey concealed carry, so you can get your CCARE so you can get your carry permit out of Jersey. They have a new price for their CCARE. It’s incredible. It’s only $225! You can sign up at WeShoot and get their carry course, and it is great. You’ll get your PTC certification, and they really set the gold standard there at WeShoot. You’ll be able to get re-qualification, too. This is the training that police departments use. They’re also USCCA and NRA backed courses. It’s all combined. This is where you can reserve and get it done, so you can get your carry. Evan Nappen 33:03 Particularly now where we’re knocking out “sensitive places”, as we just did with the Wolford case, which actually impacts New Jersey “sensitive places”. We’re going to see more and more availability of where we can carry, and every carry permit holder is another vote for carry. Probably by now, we are well over 100,000 carry permits in New Jersey. You know, it used to be 600. Literally just 600 carry Page – 11 – of 15 permits. Not 600,000. Six hundred. And now we’re in the 100,000 or damn close, if not over it, of permit carriers. I just showed you how their oppression law was so successful before, and after Bruen, it’s dead. Evan Nappen 33:50 So, go to weshootusa.com. Check out We Shoot, and I know you’ll love WeShoot, too. They have great training, and not only can you get your New Jersey permit certification, your CCARE, but they also offer special training to get that for seniors, 65 or older. They have a special deal for seniors – only $185. You can get your training there. They also offer New York City non-resident carry. They are offering New York City non-resident carry. They have it at a fantastic new low price of $289, and you can get your New York City carry, which also covers New York State non-resident carry permit. They’ll do all the training, and this is really great. Anthony Zalo will be doing this course. It spans two days, and it covers firearm safety and storage, pistol ammunition basics, de-escalation techniques, federal and state law, live fire training. If you’re seeking even more certifications, they offer Maryland Wear and Carry Certification, as well as Washington, D.C. carry permits for just $150 each. On Tuesday, August 4, they will be holding their New York resident and non-resident carry courses. Evan Nappen 35:37 WeShoot also has Civilian Shoot House Training. This is really cool. Their Civilian Shoot House Training, so you can understand how to clear rooms, move with purpose, and make decisions under pressure. This is great for homeowners and parents and security team. Anybody who’s serious about protecting their home and community, check out WeShoot’s Civilian Shoot House Training. They have that scheduled out. You can sign up for Friday, July 31st for that Training. They also have adult CPR / AED and Stop the Bleed, so that you know how to treat wounds. They’re offering that training on Monday, July 20. And for new shooters, they have great training called “From Nervous to Bullseye”. If you’re entry level, you want basic training. Here’s what you can do. They’re also offering weekend classes, and you can “Hit Your Weekend Target” with their great instructors – Grant Gallagher, Tony Zollo, and Lance Hubeny. They’re all there. Sign up at WeShoot. They are a phenomenal resource. We’re talking here about WeShoot in Lakewood. They offer USCCA and Sig Sauer Academy – “Close Quarter Defense Fundamentals. I mean, can you believe this? Just fantastic training. Make sure you check out weshootusa.com. You’ll love the range, you’ll love the pro shop, and you’ll love the people. They are the best. Go to weshootusa.com today, and take a trip down to Lakewood. They are right there in Central Jersey, conveniently off the Parkway. You’ll be glad you did. Evan Nappen 37:40 Let me also shamelessly promote my book, New Jersey Gun Law. It’s the bible of Jersey Gun Law, and you need to get your copy today. Go to EvanNappen.com and get a copy of New Jersey Gun Law. It’ll help keep you from being a GOFU. Hey, we are now celebrating, of course, the 250th Anniversary of the signing of the Declaration of Independence. This is a great moment in our history where that fantastic, earth shattering, world changing, humanity changing, document was signed and began the birth of our wonderful America, the greatest country on earth. I have nothing but reverence for our Founding Fathers and our Founding documents, and celebrate 100%. Page – 12 – of 15 Evan Nappen 38:48 Let me tell you about the author. Of course, the Committee of Five technically authored The Declaration, but the majority of the credit is given to, and I hope you know this, Thomas Jefferson. But let me tell you about how great Thomas Jefferson was. Not just because of his phenomenal presidency, his assertion of our national reputation against the Muslim pirates, the pirates of the day, standing up to them, and also the Louisiana Purchase, and so many amazing things under Jefferson. And, of course, the Declaration of Independence. But let me tell you something else about Thomas Jefferson. I want you to know, when it comes to firearms, Thomas Jefferson was one of us. He couldn’t be more one of us. Thomas Jefferson was one of the greatest gun owning founding fathers to live. Evan Nappen 40:04 And let me read you, especially on the 250th Anniversary of the Declaration of Independence. The man who wrote that and made us so where we are today, we can be proud and free. Listen to some quotes from Thomas Jefferson, specifically about guns. Here’s a great quote from Thomas Jefferson. “No free man shall ever be debarred the use of arms.” Yeah, he said that. No free man shall ever be debarred the use of arms. That’s from Thomas Jefferson in the Virginia Constitution draft of 1776. Here’s another phenomenal quote by Thomas Jefferson. “I prefer dangerous freedom over peaceful slavery.” Let that sink in, folks. He preferred dangerous freedom over peaceful slavery. He wrote that in a letter to James Madison in 1787 . Here’s another great quote from Thomas Jefferson. “What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.” That’s right. Enemies, foreign and domestic, my friends. You heard what Jefferson said. Evan Nappen 41:40 “The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” Pure common sense spoken by Thomas Jefferson in Commonplace Book, quoting the 18th century criminologist Cesare Beccaria. Here’s another quote from Thomas Jefferson. “A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” Let that one sink in, folks. Thomas Jefferson, in his letter to Peter Carr from August of 1785. Evan Nappen 42:27 “The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; and they may exercise it by themselves, and that is their right and duty to be armed at all times. Let all those quotes from Thomas Jefferson sink in. Think about them as we celebrate the 250th Anniversary of the Declaration of Independence and the man that was the chief engineer of that document and how that man viewed our Second Amendment rights. Page – 13 – of 15 Teddy Nappen 43:43 I will also say, like, I don’t know if you did. Did you ever get to go to Monticello? Did you and Mom get to go? Evan Nappen 44:09 Thanks for mentioning it. No, that is on my bucket list, and I’m going there. My wife went. You’ve gone. Teddy Nappen 44:18 No, I didn’t. I didn’t get to go. Evan Nappen 44:20 What? You didn’t either? Teddy Nappen 44:20 Nope. Just Mom. Evan Nappen 44:21 Teddy, you and I have got to go. Teddy Nappen 44:23 Just Mom got to go. That’s why. Evan Nappen 44:25 This is just wrong. I’ve got to go to Monticello. I’ve meaning to get there. And it’s bugging the hell out of me. Teddy Nappen 44:33 If you ever do go there, they have his pistols. His famed pistols that were, I think, gifted to him. (https://www.monticello.org/encyclopedia/firearms) Yeah, his famed twin pocket pistols that were gifts from, I believe it was a pair of Turkish pistols received from General Isaac Zane in place of a monetary bequest. Evan Nappen 45:07 Bequest. He gifted him these pistols. Teddy Nappen 45:11 Okay. Evan Nappen 45:12 Yeah. Teddy Nappen 45:14 It was also kind of interesting that Jefferson loved to go out and do competition shoots. He would do a lot of them, and he was a fairly good marksman. There were marks in his letters showing that he noted Page – 14 – of 15 in his accounts, I won a shooting in one of six, it was a muster with Captain Jacob Moon’s Albany County Militia Company. He lost two to six, but as he grew older, his limited exercise. He moved more to firearms and hunting over his horseback riding. He even had designs, and there was accounting of a double-barreled gun lock that he had drawn. So, there’s various other bits in his accounts. Evan Nappen 46:01 Like I said, he’s one of us, man. One hundred percent. Hey, this is wonderful, an incredibly important part of our heritage and our tradition. Jefferson stands tall. All the Founding Fathers were, of course, gun owners and knew the importance of arms, but Jefferson is special, without a doubt. Jefferson is special. Evan Nappen 46:32 And you know, Teddy, I want to tell you about this week’s GOFU. This is a GOFU that every time in the practice of gun law, there’s something new. Some other GOFU that I’d not even heard about before, and it just blows me away. It constantly gets crazier and worse, and I want everyone to understand this GOFU, which is, of course, a Gun Owner Fuck Up. Where individuals are now experiencing expensive lessons, or have experienced expensive lessons that you can hopefully avoid for free by listening to Gun Lawyer. Evan Nappen 47:16 So, this week’s GOFU concerns the following. We have a couple, a husband and wife, that are not getting along well with one another, and okay, it happens, right? It happens. Well, it ends up where at some point there’s a fight, and like the old kind of comedy issue you’ve seen on TV, where often it’s the woman, it doesn’t have to be, but often is, throws the husband’s clothing or the belongings out the window to get out. That kind of a thing. Well, in this case, apparently his firearms were tossed out onto the lawn. I guess it sends a message as to throwing out things that the other party believes they care about. But whatever. I’m not going to get into the psychology of it. The bottom line is that this takes place. What happens? Well, it ends up where the police get involved. The police get involved because it falls under the so-called banner of domestic violence. Anytime there is domestic violence, police are called in over any claim of domestic violence, and it’s so broad. Remember, domestic violence could be anything, even harassment, which the essence of which is doing something to purposely annoy another. Now, I know none of you have ever purposely annoyed your spouse or your boyfriend or your girlfriend, but if you did, then you arguably committed domestic violence for harassment. Evan Nappen 48:57 Anyway, that can bring the police into your lives, and this is where you get to live the famous saying of Ronald Reagan. “We’re here from the Government, and we’re here to help.” And, of course, that was one of the best, most sarcastic things that Reagan ever said. Because we’re here from the Government and we’re here to help, is of course the exact opposite. And that’s what happened here. The Government gets involved, and both parties are questioned over various allegations. It doesn’t matter what. The bottom line is that the domestic violence forms are filled out where the issue is documented, and the wife is asked, do you want a restraining order? And she wisely says no. This is internal. They’re squabbling, or whatever. She doesn’t need a restraining order. The husband, who related his whole side of everything there too, is asked, “do you want a restraining order? And he wisely said no, as well. Page – 15 – of 15 Evan Nappen 50:11 So, now you have a couple that are trying. They’re going to do whatever, but they don’t want restraining orders. They don’t want the Government in their life. They’re not interested in that. But what happens? The Government files Red Flags, TERPOs, Temporary Extreme Risk Protection Orders on both of them. Neither of them wanted a restraining order. Neither one wanted it, but it didn’t matter. The Government now files to take away both of their gun rights. To take away their guns and put them on a list of extreme risk. This puts you on a database that could even arguably be accessed by TSA or others that you’re a danger. It has farther reaching collateral consequences than just taking guns and taking away your gun rights. Putting you into the court system now to have to individually fight TERPOs, because we’re from the Government and we’re here to help. That, my friends, is the GOFU. Keep it in mind at all times about being from the Government and there to help. Especially on the 250th Anniversary of the Declaration of Independence. Evan Nappen 51:37 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Even Thomas Jefferson knew that. Speaker 3 51:50 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 S5 E297 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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  Episode 296-Trump Pushes National Constitutional Carry Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 296 Transcript SUMMARY KEYWORDS Second Amendment, pistol brace, bump stock, Glock ban, iron pipeline, national constitutional carry, gun rights, anti-gun laws, gun safety, Hollywood depiction, firearm training, gun laws, civil rights, gun ownership, gun violence. SPEAKERS Speaker 3, Evan Nappen, Teddy Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:21 And I’m Teddy Nappen. Evan Nappen 00:22 And welcome to Gun Lawyer. So, Teddy, what have you brought to the table today? Teddy Nappen 00:33 Well, I’m always amazed by every single time they always try to say Trump’s not doing enough. Like you hear the horseshoe, right? It’s amazing the idea of just, oh, he hasn’t done enough, or they do the goal post move. Where they move it. They say he hasn’t done anything, or they move in and say he hasn’t done enough. I keep hearing this all the time about people with regards to the Second Amendment. They always try to highlight that stupid thing regarding the, what was it? The pistol brace at the time, because the writing on the wall that they try. Evan Nappen 01:16 Well, remember, keep in mind that with the pistol brace originally, NRA was not real keen on them either. You may remember, you know. So, Trump was trying to also go along with what the organizations themselves were doing, remember, because the brace thing was. But what you eventually saw, and what you’re seeing now, just on that is the elimination of the brace being an SBR, and that whole Merrick Garland insanity of having to register pistol braces. They put the reg forward on their, which should be official shortly, getting rid of that completely. We’re going to, on another shows talk about anybody if you happened to register a braced pistol as an SBR, what you need to do. Because that’s all history, and Trump has ensured that it’s now history, and let’s give credit there for that. Page – 2 – of 12 Teddy Nappen 02:35 And they always highlight the bump stock thing. By the way, the writing was on the wall of why Obama wanted to let that through was because they were going to equate ARs to machine guns, and that led to where. Evan Nappen 02:50 That’s right. So, remember the anti-rights, the oppressionists, they always have a game plan. So, their game plan was, look, if we have the bump stock thing going, then we can claim that semi-automatics are like machine guns. Then we can go after them and get a ban on semi-automatics as machine guns. And what Trump was doing politically in that sense was thwarting their political move. Now, if you say, ‘Oh, well, that isn’t.. how do you know that’s their plan? Or that was.. well, I’ll tell you what. If you want to see that as their plan, you could see it in action right now as they ban Glocks. California just banned Glock pistols, and what is your basis for banning Glocks? Oh, well, they’re easily convertible with Glock switches, you see. So, this is always the gambit of the Second Amendment oppressionists. Now we ban handguns that are perfectly legal, the most popular handgun in America, and we ban it, how? Oh, because you can put an unlawful Glock switch, which turns it into select fire. These switches are in and of themselves, just possession of a switch, is the same as possessing a machine gun. The switches are banned! But they use it as the pretext to expand it, and then ban the handguns themselves. Evan Nappen 04:35 You also saw them attempt this with the so-called iron pipeline. Teddy Nappen 04:40 Operation Fast and Furious. Evan Nappen 04:40 They were laying the groundwork for the iron pipeline. They wanted to say, oh, American guns, semi-autos, are going to Mexico to the narco terrorists, and all. And what did they do? They changed the 4473 to ask, are you Hispanic or not? Like, why are they asking that? And then they had multiple rifle reporting on border states. Why are they doing that? And then, of course, they do Operation Fast and Furious, so they could paint the picture to then push a gun ban based on the iron pipeline down south. But lo and behold, they step on their own toes here. We’ll use that word instead. And Operation Fast and Furious blows up in their face because they’re selling the guns themselves to the narco terrorists, and end up killing a federal agent, no less. So, that plan went all to hell. Evan Nappen 05:35 But you see, this is what they do. They lay the groundwork with these things, and that’s really what was going on there, on that. But with this Administration, we’ve never had an administration this pro-Second Amendment rights that it’s ever been president, ever. They’re now saying to California, get rid of that Glock ban or the Justice Department of the federal government is going after California. In other words, we finally have the federal government not pursuing oppression of the Second Amendment, but of enforcing our rights and preserving and fighting for our rights. They did it, and they’re doing it in all different facets. They’re doing it by administrative reg changes, 34 great changes. They’re doing it by Page – 3 – of 12 the litigation. They’re doing it by getting a focus of civil rights and putting the Second Amendment into that category. Evan Nappen 06:40 And now President Trump, just recently at a rally in Pennsylvania, said he wants to see and is pushing for National Constitutional Carry. Now, keep in mind this is beyond national reciprocity. National Constitutional Carry is the ability to lawfully carry your handgun anywhere in the United States with no permission slip. Ending the requirements, in effect, for permits. Or at least having it so that there’s national reciprocity that respects the majority of states that don’t require any permit. So that with National Constitutional Carry, a person who is a resident of a Constitutional carry state can carry, for example, in New York or New Jersey and all these oppression states with no permit, because it will be national. If you think about what the Second Amendment means, the right to keep and bear arms bearing is carrying, and the Second Amendment means that very thing. And that’s why it’s constitutional. Teddy Nappen 08:17 You also have to remember, Dad, like think back to Shaneen Allen. If this law comes into play, that would have avoided that entire BS that she went through. Her only crime was crossing the Franklin Bridge. Evan Nappen 08:40 Without the piece of paper that New Jersey recognizes. That’s right! Think of how many completely law-abiding citizens are turned into criminals, have their life destroyed, forced into a criminal judicial system for exercising a Constitutional right. They weren’t committing any crimes. They weren’t robbing, stealing, raping. No, no, no, nothing. Just, oh, you have a gun, and we’re not recognizing your right in this jurisdiction. That’s why this has to go. That’s why it’s a civil right, and it’s really great to see President Trump pushing it again. Teddy Nappen 09:21 If they were robbing, stealing, or raping, they would just be let off, no bail, no nothing. Evan Nappen 09:26 Well, if they’re an illegal alien, of course. Teddy Nappen 09:30 Yes, of course. Evan Nappen 09:31 And not only that, they would not even cooperate with ICE to have them deported, but that’s separate. Teddy Nappen 09:38 Yeah. Page – 4 – of 12 Evan Nappen 09:38 We’re talking here about law-abiding Americans with rights that are getting oppressed. What’s really interesting is that President Trump is pushing it now, making it an issue. Not just leaving it in the shadows, but making it a specific issue out there. And at the same time, he’s pushing for the Save Act, so we have integrity in our voting system. He’s pushing like never before to get rid of the filibuster. The filibuster is what is stopping the Republican-controlled Congress from being able to pass the agenda that we voted for. It’s because of the filibuster. As it stands now, you need 60 votes, and that lets the oppressors still have power to stop these laws from going through. And you know, if the Democrats ever gained power again, the first thing they’re going to do is get rid of the filibuster. So, cut it out. I didn’t see the filibuster in our Constitution. It talks about majority for passing legislation in each house. Okay, that’s what it is. So, this filibuster thing is a contrivance, and it needs to go. It is time, because we can get these laws through, and we can get the changes that we need on so many fronts, including the Second Amendment rights. It’s very important, critical. Teddy Nappen 11:30 Yeah, and this also comes from this. It’s right an article from MSN. (https://www.msn.com/en-us/news/politics/trump-says-administration-is-working-on-nationwide-right-to-carry-legislation/ar-AA26oxMC) When he was unveiling the new aircraft at Andrews Air Force base, one of the attendees asked about it, and he said, “Yep, we’re working on it. That sends it right there, because that puts it in. Not only you just said not to the national spot, but it also had all the gun rights oppressionists jumping up, screaming, no, no, no. Like going, like just immediately. It’s so funny. Evan Nappen 12:07 It’s (Senator) Mike Lee’s bill. (https://www.congress.gov/bill/119th-congress/senate-bill/4013/text) (Senator) Mike Lee has the bill, and they are working on it. This is a major, major law. It’s probably the single most important pro-Second Amendment rights law that we could pass in modern times. First of all, it will have a wonderful effect on reducing crime. We’re facing these criminals that were let loose into our country through four years of Biden and his policies, plus the blue state policies of the revolving door with no cash bails and all that. So, we need to be able to defend ourselves. But it also will make it so that carry is every individual, who chooses to have a firearm to protect themselves, and this will make it much simpler for individuals to do that very thing. Has a vested interest in preserving and fighting for their Second Amendment rights. It will be the biggest game changer that we could look for. Evan Nappen 13:22 Because as we evolve in our Second Amendments, where the base used to be the strongest base of our gun rights was hunters, it really has shifted. There’s less hunting and less hunting lands, unfortunately, and it shifted to a major uptick, tremendous uptick, in firearms for self-defense and personal protection and individual carry. This will solidify it to the ultimate, the ultimate lifestyle of Constitutional carry for all. That’s what we want to see. We will have a safer society. We’ll have a safer country. Individuals will be able to protect their families, their themselves, their loved ones. It is absolutely the best thing we could do for public safety and the protection of our sacred Constitutional rights. Page – 5 – of 12 Teddy Nappen 14:32 I will say, as well, I love just.. I pulled this from Giffords. (https://giffords.org/press-release/2026/06/giffords-condemns-trumps-push-for-national-right-to-carry-legislation/) Gabby Giffords, of course, who is one of the.. you know, out of.. I would say. Would you say Gifford is probably the smallest out of the gun rights of oppressors? There’s still a factor, but out of comparatively, compared to, like. Evan Nappen 14:49 Well, The Trace and Bloomturd and his organization probably has the most influence, but then you know. Teddy Nappen 15:00 They fund each other, and yeah, they do fund them, too. Evan Nappen 15:04 But, you know, the whole thing that also is true is that the anti-Second Amendment rights groups themselves are not really made of that many members. They don’t have anywhere near the passion and the numbers of which there are gun owners in America and guns in America. They like to gloss over that little fact. They’re basically small but well heeled, well financed. Slick and propagandized, and have an agenda of billionaires that they try to jam down the overwhelming majority of Americans’ throats that actually support the Constitution, and particularly the Second Amendment. So, that’s really, I mean, you don’t see it in terms of numbers. Now, they’ll hold rallies or whatever, and they’ll pay people to turn out. They’ll link in with other groups that are Left wing and such to make their numbers appear big. But there’s a tremendous difference between the pro-Second Amendment rights forces people and the anti-Second Amendment rights forces people. Teddy Nappen 16:32 And it’s also they never changed the argument. Because right here, right out of her own quote, concealed carry reciprocity is a dangerously reckless proposal, and would jeopardize the lives of the children, families, and police. People should not have guns who have no training, who have never passed a background check, and would be able to carry concealed weapons in every community, no questions asked. Evan Nappen 17:01 Yes, and that is absolute garbage. The majority of America already has Constitutional Carry. In the majority of states, 70% of the land mass of the U.S., you can carry now with no permit. So, obviously it’s flawed. I mean, look, murder rates have gone down nationally. But, of course, in the Blue cities, where they have the failure to cooperate with the federal government, where crime is out of control, it’s problematic there. But overall, guess what? The incredible decline in violent crime and murder rates corresponds brilliantly to civilian expansion of carry. That’s what you don’t hear. When they talk about how great we’re doing overall in terms of stopping and fighting violent crime and how those statistics show that we’ve improved, it correlates, it follows expansion of our ability to carry, either by shall-issue permit and/or Constitutional Carry. That’s why a national carry will enshrine it and make it the law of the land. We’ll see even better statistics and less people being victims instead of defenders. Page – 6 – of 12 Teddy Nappen 18:42 You always have to go to the fact, and they always say, if it saves one life. How about 2 million to 2.5 million in defensive uses of firearms that have saved lives per year. Evan Nappen 18:54 Right! Teddy Nappen 18:55 Just going off, you can even ignore the correlation / causation factor, and you can just cite to the fact that 2 million lives are saved from defensive uses of a firearm. If they go for the “save one life”, we’ve got to protect the children, yet it saves lives. Just flat out argument to that. But no, they always go to you’re going to be arming criminals and traffickers and lead to more gun deaths. All right. That’s ridiculous. Evan Nappen 19:24 Here’s the bottom line. It’s real simple. You can sum it up real easy. Guns Save Lives. Do you need to write that down? I mean, Guns Save Lives. And unfortunately, the cohorts of the oppressionists is the media. The mainstream, lame stream media that loves to push the agenda of the billionaire elitists that want our rights destroyed and that’s a fact. Guns Save Lives. And when you can, as an individual, protect yourself and your loved ones. Anyone who’s a gun owner knows that feeling of security and safety when you’re trained and know how to shoot and have your own firearm. You know that you can do it. And that is what enshrines it to the person, what puts it right in their heart. They go, yeah, I get it. I get it. Especially individuals who have actually had to use firearms, or they realize the famous saying of “I’d rather have a gun and not need it than need it and not have it”. And those that have needed one and not had it. Yeah, they paid a price, and those that have had it when they needed, it saved lives. Teddy Nappen 20:57 It makes me think back to, I don’t know if you remember seeing this. Do you know who Jamal Bowman is? Mister pull the Fire Alarm, because I can’t open a door. Evan Nappen 21:05 Yeah, right. That guy. Teddy Nappen 21:07 I remember him having a shouting match. It was like a couple years ago. It was him and Massie. He was arguing about, arguing for, more restrictive guns measures. Calling Republicans cowards, and he was screaming, and say, ‘You want more guns, you’re gonna lead to more death. Like, just screaming, screaming that it would cause more death. Screaming, ‘You’re all cowards. You don’t save children. Like, just screaming about it. (https://www.nbcnews.com/politics/congress/democrat-calls-republicans-cowards-tense-exchange-gun-violence-rcna77342) They do not care about the statistics. They do not care about the facts and the logic behind it. They just see weapon bad. Weapon is used by the oppression. Page – 7 – of 12 Evan Nappen 21:46 Wait. You’re telling me that Democrat issues are emotion-based? I find that hard to believe, Teddy. Teddy Nappen 21:53 I know, right. Whoops, sorry. Evan Nappen 21:55 Yeah, at least. Teddy Nappen 21:56 They banned logic in ’84. Evan Nappen 21:58 I guess they did. They did. Well, Teddy, let me talk about our good friends at WeShoot, our favorite range. It’s where you and I shoot and get our training and got our certificates, so that we can carry. WeShoot is a range in Lakewood, New Jersey, and a great facility. They are running an America 250th Anniversary sale. That’s right. This is a pretty cool sale, actually. They are offering 15% off all of their pre-loved firearms. You know what a pre-loved firearm is, right? Fifteen percent off for any of those, and 25% off their Heritage Collection. These are all these guns. There’s tremendously great guns that they have for sales, the 15% off sale across the board. You’ve got to check out what they have at WeShoot. They have an amazing selection and that’s of course on their pre-loved guns. Their Heritage Collection, man, is 25% off, and that is some sweet guns. Let me tell you. The Heritage Collection has, for example, I’ll just tell you about a few. Fox Sterlingworth shotgun, Fox “A” shotgun. You know, we’re talking these beauties. Fox AEs, and all these Richards. W. Richards SXs, you know, they’re the 10 gauge Richards. Fox CES, Parker Brothers, Trojan, the fevers, the nitros. We’re talking all the LC Smiths, Parkers. The classics of the scattergun world, man. The best of the best, and those are 25% off. Evan Nappen 24:17 So, you want to go to WeShoot and get your training there. It’s a great facility with a great indoor range. Conveniently located right off the Parkway, right in Lakewood, New Jersey. Central Jersey. Our ranges are critical. They are a resource. I mean, what good is it if you can’t shoot? If you don’t have any place to shoot? We’re lucky we have a great place to shoot. It’s called WeShoot. You can check out their website – weshootusa.com. Brilliant website with fantastic photography. They treat their customers so well. Teddy and I love WeShoot, and I know you will, too. Check out weshootusa.com. Evan Nappen 25:03 Let me also shamelessly promote my book, New Jersey Gun Law. It’s the bible of New Jersey gun law. It’s over 500 pages. It’s over 120 topics, all question and answer, making it easy, so that you don’t become the next GOFU. New Jersey’s laws are complicated, and it can be very perilous. As a matter of fact, the case law even says, when dealing with New Jersey gun laws, you act at your own peril. Even the courts recognize that the gun laws are perilous. So, to help defeat the peril and manage it, get a copy of my book, New Jersey Gun Law. Go to EvanNappen.com, EvanNappen.com, and get your copy today. You’ll be glad you did, Teddy. What else have you discovered in your travels? Page – 8 – of 12 Teddy Nappen 26:01 So, every time you turn on a TV show or movie, like out of modern Hollywood, you’ve probably seen some anti-gun messaging. It’s always there, some little. Evan Nappen 26:02 Yeah, some subliminal, some obvious. Nonsense. Teddy Nappen 26:12 An individual who is carrying, who ends up making the situation worse, or a kid finds the gun in the house and then shoots himself. These are others, or whatever, it’s always right, Evan Nappen 26:36 Mishandling. Teddy Nappen 26:37 You always see that. So, apparently this stems from Brady United, you know, Brady’s still a thing, apparently. They decided to meet with. This, is right from the NPR website. (https://www.npr.org/2022/06/13/1104594849/hollywood-pledge-onscreen-guns) Two hundred screenwriters, producers, studio executives, talking about responsibility of depicting firearms in film and television. We are partnering with major partners like Paramount, Walt Disney Studios, CBS Studios. To date, an estimated 150 viewers have watched Project Brady has influenced things like from HBO Euphoria – it’s not even cracking anywhere – from people caring about that show to Netflix, Little House on the Prairie reboot. Again, something no one else also isn’t really watching. Just bear in mind, I love how everyone’s screaming about, like, Paramount is like big in with conservatives and Trump. They’ve made some good shows, but they also produced the most woke Star Trek series known to man, where you had a retarded AI who was also a he/she/it. Like it’s that, so it’s that level. Evan Nappen 26:37 They almost covered all the bases. Teddy Nappen 27:23 I know, right? And then, like, there was a gay. Evan Nappen 27:26 I heard they modeled a lot of it after Tim Walsh, right? Anyway. Teddy Nappen 27:56 Well, good luck with that. But yeah, and so they outlined this. Our show gun safety principles. I think they ripped this off of our range principle, but okay. To help Hollywood model safer behaviors around guns. We’re not just changing the story, we’re saving lives. Page – 9 – of 12 Evan Nappen 28:27 Well, you know, okay. What they’re doing here is they love to call every gun rights oppression law is a “gun safety law”. Gun safety to them is just banning guns, banning gun rights, going after in every way they can us and our rights and our guns. They just put it under a banner of safety. So, anytime I hear that they’re promoting so-called “gun safety”, well, gun safety to them is not what gun safety is necessarily to us. Now, if it was honestly showing better gun safety in the media, I’m not against that. I’m all for safe gun handling, but I tell you what. I have an idea better than what the gun rights oppressionists are pushing, where they’re trying to get the writers to write it into the stories. Evan Nappen 29:39 Here’s something very simple that could be done, but they’ll never do it. Here’s what needs to be done. You know, at the beginning of many movies and shows, there are warnings. Warning” contains sexual or smoking. They even warn about, you know, violence. They warn about all kinds of racial stereotypes. They put all these warnings at the beginning. Here’s a warning I want to see on every show and movie before it’s shown. “The following shows improper handling of firearms.” Put it as a warning. Do you know how many times you would see that warning? On every show. And what it would do? It would show America just how bad the entertainment world is, just how bad these shows are for what they show. Anytime a gun is used illegally or improperly, that show should have the warning. “Firearms here are being shown used illegally and improperly.” However, you want to word the warning. Evan Nappen 31:00 Every time that warning would come up, it would send the message. Look who is showing wrongdoing. It’s the media. So, it would go hand in hand with arguably what The Trace and these guys, Brady and all are trying to do. It would go hand in hand with it. They want to promote safety. We’ll put warnings when the unsafety is being shown. I’d love to see that. Look, I don’t want to restrict anybody’s First Amendment. It’s just a warning about what’s coming up. I’m not looking to have any kind of censorship on it. They can show unsafe gun handling all day long, but just put a warning up front that that’s what’s coming. If you can warn about smoking, warn about offensive language, if you can warn about all this other, why not warn about that? Teddy Nappen 32:02 I remember there was a, I think it was either Bloomberg or Everytown who put out after there was a big shooting, and they got a lot of Hollywood actors who were just naming off mass shootings. Someone did a super cut showing them misusing firearms in movies, just to show the hypocrisy. It’s very hilarious. This is just them also running cover because of the violence depicted in movies, because they have that. Not talking about, they don’t talk about that. They want to talk about the gun. But here’s the three principles, just as a reminder. Model responsible gun ownership, especially secure storage. Show the consequences of reckless gun use. What’s reckless? Oh, you know, defending yourself with a firearm. Have at least one conversation during pre-production on the ways guns will be portrayed on screen. And this is most important of all. Limit scenes with children and guns. That right there is important, because you want to. Page – 10 – of 12 Evan Nappen 33:10 Because they want to make the younger generation not have any familiarity or love of firearms whatsoever. It’s not let’s teach how to shoot safely and properly, and enjoy shooting sports, and mature to be able to have the ability to defend yourself and your family. No, no, shut them out of it. Shut them out of it. Get them out of it. We don’t want to have the young being gun owners in the future, and this is how we stop it. Teddy Nappen 33:47 Yeah, and then they highlight their successes. They bring up. I love this one. They bring up Tulsa King. There’s a scene where a character is teaching his girl how to shoot. He’s just going through like the very first rule of gun safety first. Safety always. It’s especially important. Always assume the gun is loaded. Never point anything you’re not intending to shoot. I like how they take credit for just basic range safety. Like we did that. Evan Nappen 34:19 I like, you know, back when America was America, you had great movies like Shane. I mean, one of the greatest scenes in Shane is with Alan Ladd and the young boy, who’s enthralled with him and his firearm. Like any young boy should be. And remember the mom is like, “Oh, I don’t want my son, I don’t want my son having guns and dealing with guns. And what does he say? Marion, a gun is just a tool.” And there you go. One of the, you know, most awesome, pro-Second Amendment rights statement. Making it clear a gun is just a tool, Marion. And it is. It’s a tool for our safety. It’s a tool for our liberty. It’s a tool for our freedom. It’s a tool for our security. That’s the kind of message we love to see. Teddy Nappen 35:17 For me, I like “The River of No Return”. Evan Nappen 35:22 You would like that. Teddy Nappen 35:23 Yeah. Where the guy has his son, who wants to learn how to shoot. He learns, and he saves his dad through back shooting. After he gets. Evan Nappen 35:32 Hey, there you go, man. He saved his dad. Hey, look, didn’t John Wayne in (The Man Who Shot) Liberty Valance kind of do that anyway? In The Shootest, he didn’t want to shoot anybody in the back, but I kind of thought that happened in Liberty Valance. Maybe was not crystal clear, but he definitely ambushed him to save Jimmy Stewart, right? Teddy Nappen 35:52 Yeah, Jimmy Stewart. Page – 11 – of 12 Evan Nappen 35:53 He saved Jimmy Stewart’s ass with that shot. So, yeah, no, but look, what’s wrong with saving lives, and the good guys winning? I mean, that’s nice, you know. Beating the bad guys, not being a victim. Nothing wrong with that. As long as you’re justified and legal, and there you go. That works. Teddy Nappen 36:14 And then this is something I wanted to highlight, though, for people to remember. They got to all these show writers they had, for instance, like all signed this ridiculous letter. It was JJ Abrams, you know, the guy that ruined Star Trek. You have all these actors, producers, and directors signing this Brady show gun safety letter, this open letter. “Guns are prominently featured in TV and movies in every corner of the globe, but only America has a gun violence epidemic.” Okay, cut to the rest of the world. First, already debunked. “The responsibility lies with lax gun laws supported by those politicians more afraid of losing power than saving lives.” There we go. Another one right there. Lax laws. Thinking they’ll save lives. “We didn’t cause the problem, but we want to help fix it.” As America’s storytellers, our goal is to primarily entertain . . .” That’s not true in Hollywood. “. . . but we also acknowledge that stories have the power to effect change.” Evan Nappen 37:16 They’re a propaganda factory is what they are. Teddy Nappen 37:18 Correct. “Cultural attitude towards smoking, drunk driving, seat belts, and marriage equality have all evolved due in large part to movies’ and TV’s influence.” I’m pretty sure people are still drinking and driving. I’m pretty sure people are smoking, but now they’re vaping. So, that’s a whole.. and now, because that, they have to turn it towards vaping. And seat belts, okay, and marriage equality, okay. Now, the point now where they’ve lost. Evan Nappen 37:49 The whole political agenda through their propaganda efforts through entertainment. Hey, Teddy, I want to tell you about a very important GOFU this week. This week’s GOFU, remember, GOFUs are Gun Owner Fuck Ups. These are actual cases. Real deal things that you need to know. These are expensive lessons that somebody else has paid for that you get to learn for free. This week’s GOFU is really something that you may not have considered before, but you really should. If you ride motorcycles and such, make sure that the holster you use is not a clip-on style holster. You know, the kind. Make sure it’s an actual belt looped, so that your holster doesn’t come off while you’re riding your motorcycle. Because particularly susceptible. Evan Nappen 38:55 Now, granted, this can happen in a car, too. In a car, the firearm is going to end up on your floor of your car. But on a motorcycle, if that holster comes off the belt because it’s a clip on, even with the gun in it, or for that matter, if the gun falls out of the holster, you want to make sure your holster securely holds a firearm. You have to make sure the holster is secured to your belt. In motorcycling, with the vibration, the noise, etc., it’s very easy for an individual not to notice it falling off one’s body. You know you’re riding your bike and all that’s going on with the vibration and the road bumping and all these things Page – 12 – of 12 you’re dealing with, and it’s very easy to have that type of clip on holster come off. And then what happens? The gun and the holster fall off somewhere on your ride, and you don’t even realize it. Evan Nappen 40:12 Once you realize that you’ve lost it, you have 36 hours to report it lost or stolen in New Jersey, and this now jeopardizes, potentially, you being able to maintain your gun licenses. And if somebody else gets a hold of that gun, there can be further issues. So, please make sure that your holster is on your belt in a way that it cannot be removed unless you intentionally take it off through the loops. It’s very important. You don’t want to become a GOFU. Evan Nappen 40:54 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 3 41:05 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 S5 E296_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. Email Evan Your Comments and Questions  [email protected] Join Evan’s InnerCircleHere’s your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

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Episode 294-AG Green-lights Red Flag Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Page - 1 - of 14 Gun Lawyer -- Episode 294 Transcript SUMMARY KEYWORDS Gun Lawyer, New Jersey, ERPO, gun confiscation,

Episode 289-Remember Bryan Malinowski Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Page - 1 - of 14 Gun Lawyer -- Episode 289 Transcript SUMMARY KEYWORDS ATF raid, Brian Malinowski, unlicensed dealer, Arkansas lawmakers,

Episode 288-Elections Have Consequences-Sometimes Good Ones  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Page - 1 - of 18 Gun Lawyer Transcript – Episode 288 SUMMARY KEYWORDS Gun laws, ATF, DOJ, President Trump,

Episode 277-Three-Round Burst of GOFU's Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Page - 1 - of 11 Gun Lawyer -- Episode 277 Transcript SUMMARY KEYWORDS GOFUs, New Jersey gun laws, vampire rule,

Episode 276-NJ's New Felony Dingus Law  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Page - 1 - of 14 Gun Lawyer -- Episode 276 Transcript SUMMARY KEYWORDS New Jersey felony law, accidental discharge,

Episode 275-Pretti's Law  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Gun Lawyer -- Episode 275 Transcript SUMMARY KEYWORDS Second Amendment, Minnesota protest, Firearm Policy Coalition, natural rights, government officials, political opportunity, federal law,

Episode 274- State Police RPO Cover-Up  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Gun Lawyer Transcript – Episode 274 SPEAKERS Teddy Nappen, Evan Nappen, Speaker 2 Evan Nappen 00:17 I'm Evan Nappen. Teddy

Episode 273-Warning: Critical Gun Law Alert  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Gun Lawyer -- Episode 273 Transcript SUMMARY KEYWORDS New Jersey gun laws, accidental discharge, criminalization, reckless discharge, felony consequences, gun

Episode 272- Jersey Spreads the Oppression  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript SUMMARY KEYWORDS Second Amendment rights, New Jersey gun laws, national firearm licensing, anti-gun oppression, domestic violence restraining order, federal firearms

Episode 271- New Year - New Challenges Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode Transcript Gun Lawyer -- Episode 271 Transcript SUMMARY KEYWORDS Second Amendment, New Jersey, gun oppression, Bruen decision, carry permits, violent

Episode 270- Securing Your 2026 Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 270 Transcript SUMMARY KEYWORDS Security evaluation, electronic security, physical security, camera surveillance, alarm systems, firearm safety, mental state, personal protection, dog security,

Episode 269- The Nightmare Before Christmas Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 269 Transcript SUMMARY KEYWORDS Second Amendment, New Jersey Democrats, gun laws, machine gun conversion devices, digital instructions, firearm components, gun owner

Episode 268-Tresspassing on Our 2A Rights Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 268 Transcript SUMMARY KEYWORDS New Jersey gun rights, Assembly 6211, criminal trespass, sensitive places, carry killer bill, Supreme Court, trespass law,

Episode 267-Vote for Gun Lawyer Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 267 Transcript SUMMARY KEYWORDS Gun Lawyer, podcast of the year, Gundies awards, Second Amendment, New Jersey gun laws, assault firearms, registration, inheritance,

Episode 266-NJ Target-rich for DOJ Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 266 Transcript SUMMARY KEYWORDS Second Amendment, gun rights, Justice Department, civil rights, New Jersey, institutionalized racism, carry permits, mental health disqualifiers, unlawful

Episode 265-Gun Control... Now With Wi-Fi Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 265 Transcript SUMMARY KEYWORDS Glock switches, Second Amendment, machine gun, V series, full auto, semi auto, NFA, AI technology, Wi Fi

Episode 264-Just How F'd up is New Jersey Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 264 Transcript SUMMARY KEYWORDS New Jersey gun laws, Second Amendment, gun ownership, permit system, disqualifiers, red flag laws, extreme

Episode 263-The Recipe for Freedom Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 263 Transcript SUMMARY KEYWORDS Second Amendment, First Amendment, gun rights, UK gun laws, gunpowder recipe, terrorism, extended license, Serious Crime Prevention order,

Episode 262-The Ballot is Stronger than the Bullet Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 262 Transcript SUMMARY KEYWORDS New Jersey governor's race, Second Amendment, gun rights, voting importance, anti-gun organizations, NRA rating, gun

Episode 261-Bang or Bong or Maybe Both? Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 261 Transcript SUMMARY KEYWORDS Supreme Court, marijuana, gun laws, Second Amendment, New Jersey, carry permit, sensitive places, federal court, gun

Episode 260- Doctors and Firearms  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 260 Transcript SUMMARY KEYWORDS Firearms, medical industry, suppressors, hearing protection, gun safety, mental health, New Jersey gun laws, Second Amendment, gun rights,

Episode 259-AG Stands for "Anti-Gun" Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 259 Transcript SUMMARY KEYWORDS Anti-gun movement, New Jersey, Attorney General Matthew Platkin, Safe Office, Bruen decision, gun rights, firearm enforcement, Butcher's Gun

Episode 258-How to Protect Your House of Worship Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 258 Transcript SUMMARY KEYWORDS Supreme Court case, Wolford vs. Lopez, sensitive places, New Jersey law, carry permit, church security,

Episode 257-"86" the 4473 Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 257 Transcript SUMMARY KEYWORDS Second Amendment, gun laws, opposition research, non-binary, 4473 form, background check, gun violence, mental illness, gun rights, ATF, National

Episode 256-Can Hunting Cost Your 2A Rights? Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 256 Transcript SUMMARY KEYWORDS Second Amendment, hunting violations, New Jersey gun laws, license suspension, Fish and Game laws, public health

Episode 255-Jasmine isn't wrong... This time.  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 255 Transcript SUMMARY KEYWORDS Police duty, Jasmine Crockett, Trump derangement syndrome, self-protection, Warren vs District of Columbia, gun rights, carry license,

Episode 254- Is A Trans Gun Ban A Good Idea? Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 254 Transcript SUMMARY KEYWORDS Gun ban, transgender individuals, NRA opposition, Second Amendment, New Jersey gun laws, mental

Episode 253-Gun Bans For Trans Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 253 Transcript SUMMARY KEYWORDS Second Amendment, trans shooter, New Jersey gun laws, mental health, transgender patients, psychiatric drugs, mass shootings, red flag

Episode 252-Adventures In Self-Defense Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 252 Transcript SUMMARY KEYWORDS self-defense, home invasion, deadly force, criminal record, Illinois police, mother and baby, screwdriver, gloves, burglary, fear for life, carjacking,

Episode 251-Bullet Ban=Gun Safety Danger Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 251 Transcript SUMMARY KEYWORDS Hollow point bullet, gun safety, New Jersey law, self-defense, high penetration, gun inheritance, prohibited person, gun buyback, friendly

Episode 250-How To Get Rid Of Your Pets  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 250 Transcript Gun Lawyer -- Episode 250 Transcript SUMMARY KEYWORDS Gun lawyer, Aalborg Zoo, animal donations, euthanasia, predators, tax

Episode 249-Anti 2A Reversing Course?  Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 249 Transcript SUMMARY KEYWORDS Gun laws, Second Amendment, felons' rights, rights restoration, anti-gun movement, racial disparity, knife rights, Delaware switchblade ban, illegal

Episode 248-Open Letter to President Trump Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 248 Transcript Gun Lawyer -- Episode 248 Transcript SUMMARY KEYWORDS Cashless bail, President Trump, gun rights, Second Amendment, New Jersey, firearm

Episode 247-Fee Reductions Gaining Ground Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 247 Transcript SUMMARY KEYWORDS Second Amendment, carry permit fees, New Jersey, gun rights, NRA ILA, Citizens Committee, gun control, adolescent firearm deaths,

Episode 246- Your Tax $ Fund NJ Propaganda Mill Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 246 Transcript SUMMARY KEYWORDS New Jersey anti-gun rights, Soros center, gun violence research, taxpayer funding, gun rights suppression,

Episode 245- Important Gun Law Updates Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 245 Transcript SUMMARY KEYWORDS New Jersey gun laws, gun rights, legislative battle, gun bills, summer recess, gun possession penalties, National Firearms

Episode 244-Gun Rights Oppressors Coming on Strong Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 244 Transcript SUMMARY KEYWORDS Gun rights, reconciliation bill, National Firearms Act, silencers, SBRs, SBSs, Senate parliamentarian, Elizabeth McDonough, Senator Cornyn,

Episode 243-Lock Up Gun Owners and Throw Away The Key Also Available On Searchable Podcast Transcript Gun Lawyer -- Episode 243 Transcript SUMMARY KEYWORDS New Jersey gun laws, pre-trial detention, gun owner Gulag, Senate Bill 3896, Senate

Episode 242- Is Now the time to buy Ammo? Also Available On Searchable Podcast Transcript SUMMARY KEYWORDS Englishtown, permit fees, Second Amendment, New Jersey, gun lawyer, ammunition prices, ghost guns, gunsmithing, wellness check, gun confiscation, holster requirements, gun rights, NRA, gun legislation,

Episode 241-Ten Tips to Stop NJ From Stealing Your Gun Rights Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 241 SUMMARY KEYWORDS New Jersey gun laws, gun seizure, forfeiture, red flag law, duty to warn, gun safe, gun club membership, gun

Episode 240-How Many Guns in the US? Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 240 SUMMARY KEYWORDS Firearm ownership, privately owned guns, anti-gun laws, Second Amendment, gun rights, firearm manufacturing, machete ban, youth marksmanship, toy guns, gun safety, gun laws,

Episode 239-The Big Beautiful and Silent Bill Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 239 SUMMARY KEYWORDS Gun Lawyer, Second Amendment, Hearing Protection Act, National Firearms Act, silencers, reconciliation bill, taxation, filibuster, gun rights, suppressors, short barrel rifles, President Trump,