Legislation – Gun Lawyer Podcast

  Episode 283-Fighting the Gun Records Cover-up Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer — Episode 283 Transcript SUMMARY KEYWORDS Gun lawyer, John Petrolino, Citizens Committee, New Jersey, carry permits, African American applicants, retired police officers, freedom of information, institutionalized racism, constitutional carry, national reciprocity, Second Amendment, anti-knife movement, UK gun laws, knife control. SPEAKERS Speaker 2, Evan Nappen, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:18 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. So, we are currently watching with great expectation here over a lawsuit that has been brought and filed by our good friend John Petrolino with the help and assistance of the Citizens Committee for the Right to Keep and Bear Arms. (ccrkba.org) And what is going on here is very interesting, because John, who many of you know, does excellent reporting on firearm issues, particularly on New Jersey as well. He does great extensive coverage. Well, John was instrumental in having the permit to carry statistics getting publicized and put out there. And with it being put into the ether and made part of an awareness that otherwise really wasn’t there about the key discovery he made regarding blacks, black carry applicants. African American applicants are denied more than double their white counterparts for non-criminal reasons. Okay? Evan Nappen 01:55 And John, he requested the records seeking the statistics on retired police officer carry permits to build on the coverage of all as to who has been denied. So, remember retired police officers in New Jersey can get the RLEO, the Retired Law Enforcement Officer, Card, which in effect functions as a carry permit for retired law enforcement. Prior to the Bruen decision, where it was virtually impossible for folks to get carries, Retired Officers through the RLEO were able to get their carry in that manner. Now, of course, there’s been even more progress where LEOSA (Law Enforcement Officer Safety Act) also covers law enforcement and actually covers New Jersey law enforcement, which to large degree makes even needing a retired law enforcement carry not as necessary as it used to be. But still, it is something that is done, that is issued. Page – 2 – of 11 Evan Nappen 03:14 John requested through, you know, essentially New Jersey’s freedom of information to get the records so that we can continue the further analysis. And what I have here is a news release from Citizens Committee. (https://ccrkba.org/ccrkba-director-sues-nj-officials-over-denied-records-requests/) And what it says, as noted in the complaint, “Plaintiff and the public has a strong interest in ascertaining the relationship between the demographics of carry permit holders amongst the general public and retired law enforcement officers including but not limited to county location, race, sex and the effect of potentially disqualifying criteria in the application population as well as the success rate for the appeal process within the New Jersey State Police.” “Having established Petrolino was deprived of his common law right of access the New Jersey Civil Rights Act was violated, the clear remedy is injunctive relief compelling the production of the records to Petrolino . . .” It continues, “The NJSP”, meaning New Jersey State Police, “has denied countless records requests that I’ve made over the years, never fulfilling even one”, Director Petrolino said. “When I emailed them about these denials, an unnamed person at NJSP basically told me to sue them — so here we are.” Evan Nappen 04:46 That’s right. And as further noted in the news release, “Records concerning the retired police officer permits are about as public as you can get,” says Chairman Alan Gottlieb. “Do they have the same level of perceived bias in their permitting statistics? Or perhaps worse yet, do they not? The public has a right to know this information. We laud Director Petrolino in his quest to hold New Jersey officials accountable by forcing them to be transparent with those they swore to serve.” Yes, it is very important that these records get out there, because the current records already show the institutionalized racism that occurs in carry permitting systems. That alone should stand for why we should have Constitutional Carry in New Jersey, where you do not need any permit, as do the majority of the United States. They have no permit required, and it is something that is not necessary, nor in full exercise of the Second Amendment. We should not even be required to need a permission slip. And this illustrates the reasons why. Because the surest way to avoid the racial discrimination, to avoid these type of coverups over records, is to not have to have the records at all, by having what is lovingly called Constitutional Carry. Evan Nappen 06:34 You may have heard there’s a bill federally being pursued to have National Constitutional Carry, which would preempt all states and make it so that any law-abiding citizen can carry without any permit anywhere in the U.S. Now, as a step in between getting to that would be national reciprocity, where every State has to at least recognize every other state’s carry permit, although the majority of states don’t even require carry permits anymore. So, this is what we’re working toward, because this is fundamental to our rights. The ability to carry, the ability to be defenders and not victims, and the fight continues. This is yet another important, very important, step in the fight. As it reveals, and has the potential to reveal, the flaws and other problems that go to bias, racism, arbitrary denials, discouragement built into the system itself. These are all the mechanisms that permitting systems are designed to create. They’re actually made to do this. They’re made to discourage. The idea that it has anything to do with public safety is, of course, a joke, and it’s proven by the Constitutional carry states that are doing just fine without the permission slip. So, in the states that have this still in place, it’s there to be a barrier to the exercise of our rights. Page – 3 – of 11 Evan Nappen 08:28 And you know, it’s kind of laughable to see the Left talk about how outrageous it is, unbelievably outrageous, how it’s Jim Crow 2.0, to require an ID to vote. To vote! That’s Jim Crow. But what goes on with carry permits, with gun licensing? Oh, that’s fine. Well, if that’s Jim Crow 2.0, gun laws are Jim Crow 2000. It’s insanity then, Okay? That’s what’s going on in that radical difference. Teddy Nappen 09:10 Honestly, Dad, it makes me think back to Shaneen Allen, where, you remember, we reached out to all the pro black groups, all the others, like bringing. Evan Nappen 09:22 Right! Teddy Nappen 09:22 They were going to put a single black mom in jail for doing nothing more wrong than. Evan Nappen 09:28 Seven years, with three and a half years minimum mandatory, was their best offer when I took on the case. Teddy Nappen 09:35 Yep, reached out to Al Sharpton’s group, the NCAA, anything? Evan Nappen 09:39 Everybody, right! Teddy Nappen 09:41 Nothing. Crickets. Evan Nappen 09:43 Crickets. Teddy Nappen 09:44 Because there is a built-in reason. These people, the Left are just Marxists. And when it comes to Marxists, they have no standards. It’s about oppressor and oppressee, and it doesn’t matter what position we must take. Because that’s how you end up with Queers for Palestine. That’s how you end up with the fact that they’re pushing actual racist gun laws. Because that is the standard. Because it has to be. No, no. We have to make sure these people are disarmed so we can keep the oppressor / oppressee mindset continuing. Sorry, we can’t side and agree with common sense issues like civil rights. Evan Nappen 10:26 And the most fundamental of all civil rights is the right to be armed. I mean, look right now at what’s going on in Iran. Gee, why haven’t the people risen up to get rid of that evil, terroristic, ruthless regime? Page – 4 – of 11 Why? They don’t have the guns. They don’t have the guns. That’s the problem. That is the big problem. And we have, as an insurance policy in America the Second Amendment, and it’s a check on tyranny. Okay? Enemies, both foreign and domestic, all right? This is why it’s there. And you can see countries that have disarmed their civilian population, and then you see what they do to them. You can see that taking place. Not just in countries as extreme as Iran, or as extreme even as North Korea, or others, what we think of as dictatorships or totalitarian states. But just look now at the U.K. and what is going on there. And Teddy, I think in Press Checks, you’re going to be talking about that, and there you can see what. I’m not going to, we’ll just put that as a little teaser. We’re going to get into that, and it’s critical. So, I want to applaud John Petrolino and Citizens Committee (CCRKBA.org) for pushing to get these records, and as we can expose the cover up. Because why? Why not release them? What is it that they’re so afraid of us finding out, right? You know, there’s something there. Where there’s smoke, there’s fire. There’s something going on there, and I can’t wait to find out the truth. We will get to the truth. Evan Nappen 12:25 Hey, let me tell you about our good friends at WeShoot. WeShoot is a fantastic range down in Lakewood, New Jersey, where Teddy and I shoot. We got our training and certificates at WeShoot, and it’s a great resource, as well. They are having a big March Madness sale, and this sale is going until Tuesday the 31st. Here’s some of these deals in their March Madness. First of all, they have, for only $249, you can have a family membership with unlimited range access passes, priority lane assignment, 5 free guest passes, 3% instant cash back in rewards, 5% off accessories, special pricing on ammo and targets. This includes a spouse and all children under 21. This is regularly $425 for a family membership. Valid until 3/31. You can get this fantastic deal for only $249. This is a fantastic bargain. You’ll be able to access the wonderful range and all of these great benefits that WeShoot offers. So, you want to check out WeShoot in Lakewood. Go to their website, weshootusa.com. So this is a great family membership sale. Evan Nappen 14:07 They’re also offering, in the March Madness sale, 20% off all their used guns. Twenty percent off all used guns. That is a fantastic sale. You want to go there and see what great pre-loved guns are there, which you can acquire for a 20% discount. They’re also offering 10% off all Savior Range Bags and Accessories. These are, of course, the wonderful Savior products, and they are doing 10% on that for their March Madness. So, go to WeShoot and check out these great sales. You can get fantastic deals on firearms and a family membership. What a great way to have great family time, what a great family activity. Take your family to the range, enjoy a great day of shooting, and really celebrate being an American in this 250th year of our birth here in this great country. And do it at WeShoot. Evan Nappen 15:30 Let me also mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are the stalwart defenders of our Second Amendment rights in New Jersey. They are the key group, and you need to belong to the Association. Make sure you belong. We’re going to have a bigger fight now coming up with our new governor, who will be on the same path as the old governor, being an oppressor of gun rights. You can rest assured that we’re going to be dealing with all kinds of stuff, and we’ll be talking about it on the show. But make sure you belong to the preeminent gun rights group in Page – 5 – of 11 New Jersey, the Association of New Jersey Rifle & Pistol Clubs. You can join them at anjrpc.org, anjrpc.org. Evan Nappen 16:21 I must shamelessly promote my book, New Jersey Gun Law, the Bible of New Jersey gun law. Make sure you get your copy. It will help you not to become a GOFU in New Jersey. I’ve written it to protect my fellow gun owners, and you can get your copy at EvanNappen.com. Just go to EvanNappen.com and order your copy. You’ll be glad you did. It’s over 500 pages. Yeah, that’s what it takes to try to make any sense of New Jersey gun laws, and it’s all done in a question and answer format to make it as user friendly as we possibly can. Teddy, what do you have for us today? Teddy Nappen 17:12 Well, as you know, Press Checks are always free, and I always want to look to, what would the Left do, if the Left had unfettered power? Let’s say Kamala won, the House and Senate are in their favor, and they followed James Carville’s, you know, we’re going to pack the Court. Also, you know, make Puerto Rico a state and everything that they can, so they can pass whatever agenda. What does that look like? I always will point to Canada and then much further along, the U.K. In the U.K., one of the things that has been very prevalent in their politics is there have been a heavy push of the anti-knife movement. You know, they already cracked down as hard as they possibly could on guns. Evan Nappen 18:07 So, now they need some other inanimate object to blame. Teddy Nappen 18:10 Correct! And I was looking to, okay, who is the “EveryTown” of the U.K.’s anti-knife movement? Who is the group that is pushing for all this? What is the driving force? Because there’s always some group. There’s always one. There’s always the, you know, Moms Demand Action, which is also funded by “EveryTown”. You also have Giffords. You have all these groups. Who is the one pushing for this in the U.K.? And they’re very proud of it. They admitted it on their site, “Blades Down” group. (https://bladesdown.co.uk/) It is an organization founded in the U.K. “Blades Down exists to protect young lives and strengthen communities. We work with young people and families to prevent knife crime through education, . . .” oh, propaganda, “. . . early intervention . . .” Ah, legislation to take away your rights. “. . . and practical skills.” Oh, practical skills, so you can make clear your argument for wanting to disarm your people. “By building confidence, promoting safer choices and equipping communities with life saving knowledge . . .” I love how they dress all that stuff up. And by the way, they love how they promote that we’ve removed 199 knives out of our community. Evan Nappen 19:30 199 knives. Oh, my. Okay. Teddy Nappen 19:35 Amazing. Okay. Page – 6 – of 11 Evan Nappen 19:36 A whole 199? Yeah, wow. Teddy Nappen 19:39 And I love the advertisement. I thought a knife would protect me. I didn’t know it would change everything. Evan Nappen 19:46 You know, interestingly, about knives and protection. That is the gateway self-defense tool for women, believe it or not. Studies have shown that when women want to defend themselves, and if they’re not otherwise trained in any other type of defense, they will often go first to a knife, because they are most comfortable with knives. Normally, you know, having grown up in the kitchen, etc, there’s a familiarity to a knife. So, the knife becomes the first weapon used by women, often those that are victims of domestic violence or have been victims of crime, etc. And then once they want to grow from the knife as their primary self-defense tool, they will often discover firearms, and that is very interesting. Because what the U.K. is doing is they want to ban knives. They want everyone to be defenseless, particularly women who would go to knives even first. Teddy Nappen 21:08 They saw the article about the little girl defending herself against the pedophile and. Evan Nappen 21:13 Correct! Teddy Nappen 21:14 With a knife, and they thought, right. We have to disarm the little girl to make sure the pedophile isn’t hurt. Evan Nappen 21:20 Yeah, so in the U.K., folks don’t realize, but historically, believe it or not, the modern, the modern gun ban, gun rights oppression movement actually came here from the U.K. after World War One. This had taken effect in the U.K., and the same political forces started the movement in the United States to go after guns. And originally, they were successful in going state by state, getting different states to pass gun laws. So much so that the NRA back then, I mean, they were naive. They actually had what were called the model gun laws, and they were putting out to states. This is the National Rifle Association. They put out to states what were the model gun laws that NRA wanted to see passed. It was essentially the NRA supporting gun laws. And they focused on, number one, things other than firearms. And remnants of that law going back 1920s era, back then. Evan Nappen 22:57 Those remnants are in New Jersey’s law. They actually have roots going back to what the NRA pursued back then, out of naivete. I mean, they were, you know, plainly naive about it. But this is why, and also the head of the NRA at the time was a kind of a, he was pro-oppression, pro-gun rights oppression. You know, he was always kind of a problematic guy that you would never think today would Page – 7 – of 11 be ahead of that organization. But regardless, they pushed these state model, state gun laws. And so, if you look, for example, where New Jersey had the ban on blackjacks, switchblades, slungshot, etc, this kind of thing, which then became slingshots because they didn’t know what a slungshot was. Well, that actually goes back to the model gun laws that NRA was pushing. It even contained elements for permitting, for carry and all that kind of stuff, way back. Evan Nappen 24:05 And that actually originated and came to NRA from England. It came over from the U.K., and it planted the groundwork in the States. Then what happened was it became too much with different states, not blah, blah, blah, and it went national. And by the time it went national, well, what was it? It was the NFA, the National Firearms Act. And the National Firearms Act was looked at, look, we can just get a one federal law. We don’t have to do these state laws. And that’s why, when the National Firearms Act finally passed in the form that it became, and I read through all the committee hearings, watching the NFA progress. It originally, the original NFA wanted to ban all handguns. They wanted to ban all, not just full auto, but all semi autos and full autos, and magazines over 12 rounds. That was the original, original NFA. And then through the committees, you saw them say, well, okay, what do we allow? 22 handguns. And then, okay, well, how about we keep semi-autos. And then you see, and then it finally took shape to what it is as we know it today. Evan Nappen 25:23 At the time, the NRA, in The Rifleman, you know, in the “American Rifleman” magazine, said we’ve solved the gun control problem for America, and they were proud of it. And look, I’m not doing or saying this to bash NRA. It’s not why. We’ve got to know the true history of our mistakes. Okay? And it was mistake. We see it now, plain as can be. It was plainly a mistake, but it happened. We need to recognize it, and we need to try to fix past mistakes. You know, ignoring them and putting them under the rug isn’t a good idea. So, know this history, okay? Because we don’t want to repeat this history. And yet here, Teddy, you see with knives. We don’t have, yet, in this country, an anti-knife movement in the way we have an anti-gun movement. But once they take care of getting their agenda of oppressing and disarming and disenfranchising us of gun rights, you can rest assured that it’ll be knives next. Teddy Nappen 26:28 Well, I’ll give you a worse one for you. This is something they push right now. By the way, this is out of Ellsmore Port. (https://bladesdown.co.uk/ellesmere-port-leading-the-way-with-safer-knife-swaps/a/) Leading the way for safer knife, for safer knife swaps. “Blades Down” has created a community supported with local families to do the “Let’s Be Blunt” campaign, where you can exchange your kitchen knives for safer alternatives. Literally turning in sharp knives so you can have a dull knife. If I could write a Monty Python, this would be it. You’ve heard of the Ministry of Silly Walks. Here’s the Ministry of Dull Knives. These people are retarded with the things that they are actually pushing for. Literally the Ministry of Dull Knives. Evan Nappen 27:19 That’s the best! Page – 8 – of 11 Teddy Nappen 27:20 Dull knives. Evan Nappen 27:22 Okay, listen, man. The whole world of knives. I mean, I’m into knives as much as guns. Is what knives will stay sharpest the longest? How great an edge can you hold on the knife? Make it as sharp and sharpening his whole knives. And here, the whole effort is pushing “dull knives”. That is hilarious. Hilarious. Evan Nappen 27:43 What? Teddy Nappen 27:43 It gets even worse. Then they said, oh, we need a crackdown. They’re pushing the Government to crack down on Facebook Marketplace because people are buying kitchen knives on Facebook Marketplace without age verification. Huh? What does that sound? Quite familiar. Think of Gun Broker. Think of any other thing. This is what they do. They crack down on any forms of, you know, freedom finding a way, and by the director. And so I traced it. I went even further. Okay, who is funding this group? Who’s their Bloomberg ass group? Who is pushing for all this? Apparently, it is out of this group known as the Ben Kinsella Trust. (https://bladesdown.co.uk/facebook-marketplace-knives-being-sold-without-age-verification/) And this is the U.K. London crackdown on knives, where, you know, have pushed all the laws of trying to stop people from possessing knives. Have pushed for all the anti-knife laws. They’re the ones funding all this group. Guess who’s one of their sponsors? Facebook! Teddy Nappen 27:44 They’re literally complaining about Facebook Marketplace having that, but also Facebook is their sponsor. Evan Nappen 28:29 That’s hilarious. Well. Teddy Nappen 28:29 But this is the thing. Big tech is not your friend. They absolutely supported the Democrat Party. They are the number one funder of the Democrat movement. When it comes to rights, they do not care. So, it’s just disgusting. And remember, in the U.K. for laws, the maximum penalty for illegally carrying a knife is up to four years in State Prison. If you, quote, unquote, here’s it, “you have to have a good reason for carrying your knife.” What are the good reasons ? For your work, for religious purposes, and for a national costume. I like how that was a reason. Evan Nappen 29:36 A national costume. Yeah. Page – 9 – of 11 Teddy Nappen 29:39 Because you can’t say national, you know, like Scots carrying their Dirks. No, no, no. You can’t be too nationalistic here. And, of course, they have their rigmarole ban lists of knives that we’ve talked about. Evan Nappen 29:50 Well, you know, New Jersey’s knife ban, quote, unquote, does talk about, under subsection D, “manifest lawful purpose”, which seems to be pretty damn vague anyway. And with Bruen talking about right to defense outside the home, I think that law is ripe to be attacked. So, it’s in a way, similar, but it’s not. The problem there is on outside the home for carry. Whereas you’re exempted under other weapons, subsection D, you have an exemption under N.J.S. 2C:39-6e., to possess knives in your home. When it comes to carrying them, then you need a “manifest lawful purpose”, which is very similar to what the U.K. has. However, they’re actually going way further. They’re wanting to ban. They have the knife surrender bins. They’re actually doing a “dull your knife” campaign, stupid like that. Actually, you know, some people like you think, like, if you really hate somebody, it’s like, I’m going to slice you up with a dull knife, right? That’s even worse. But maybe that’s where they’re going. Teddy Nappen 31:09 Don’t worry. They’re doing their best cracking down on the rapes from going from 19,000 to 70,000 in the UK, because they let mass migration in from individuals who, you know, let’s just say don’t. Evan Nappen 31:22 No, no, Teddy, it’s not cause of them. It’s cause of knives. It’s because of knives. Teddy Nappen 31:25 Yeah, that’s the issue. Evan Nappen 31:26 It’s knives. Stabbings. It’s sharp knives. Sharp knives are the reason for the massive increase of rapes. If we at least have dull knives, we’ll address that issue, right? Teddy Nappen 31:40 Yeah, and the rampant stabbings are from which individuals? Sorry, we can’t report on that because that’s racist. Evan Nappen 31:46 Oh, right. So, this is one thing, though. You can still buy unregistered knives in America. You can buy knives, and there’s no permit required. Yet! There’s no place that I’m aware of anywhere in the U.S. that requires a knife permit. Now, you may think that’s outrageous. Who would? How could they ever pass a law to require you to have a permit for a knife? Well, let me tell you, right now. I have a knife permit that permits a serialized knife that was done by Russia. Russia. Soviet Union. I have the actual permit and the knife that goes with the permit. It’s just a very basic, five-inch blade hunting knife. They had knife control, knife registration, and you needed a permit. And I bet, in the U.K., they want to do something similar, right? Page – 10 – of 11 Teddy Nappen 32:54 Funny enough. That’s in their charter. That’s in the “Blades Down” charter. Demanding. Evan Nappen 32:59 There you go. How did I know? How did I guess that? Teddy Nappen 33:01 Amazing. It’s amazing. It’s almost like they don’t even hide it anymore, that they are Marxists and push Soviet styles. It’s how you have Mamdani. Evan Nappen 33:10 Exactly! Teddy Nappen 33:12 With the Government-run groceries, which I love. One of my friends, is like, it’s not Soviet because they still allow for other grocery stores. Oh, really? What do you think happens when you run up a Government grocery store? What happens to the other grocery stores? They’re gonna fold and leave. Like it’s, it’s the level of how are they this retarded? Do they not pick it up, like it’s? Evan Nappen 33:39 Well, they have an agenda, of course. But listen, the important thing is, stock up on knives. Buy as many knives as you want to and can afford. They’ll have, you’ll have all of these “no-paper knives”. Now is your golden opportunity to buy and stock up knives of all types and sizes and shapes. If you want to understand all the knife laws, well, look in my book, New Jersey Gun Laws. I do a very thorough explanation of New Jersey’s knife laws, and you can still get knives by mail. You can still possess them without any special permits or permission, and there’s no registration of knives. And here’s the kicker. Knives are still protected under the Second Amendment. It’s not the right to keep and bear guns. It’s the right to keep and bear arms. And knives are arms, as well as very utilitarian with multi purposes. They end up being pretty good investments, too, depending on what you want to collect. So, happy knife hoarding. Just shake your head when you look around at what the formerly Great Britain is doing. Evan Nappen 35:01 Hey, I want to tell you about this week’s GOFU, which is the Gun Owner Fuck Up. And we love to talk about GOFUs, because it’s actual cases, real things, where people have made mistakes. You get to learn very inexpensively, for free, what others have made costly errors regarding guns and firearms and what we care so much about. This week’s GOFU is about AI. Let me just tell you. You know, AI is interesting. It’s fun. It has a lot of potential, but don’t rely on AI for your gun law advice or for anything along those lines. If you use, you know, these AI platforms, any of this stuff, and you ask them questions, you better verify and get confirmation. Because these AI responses, they can hallucinate. They give supposedly law that isn’t even actual law. I mean, we’ve seen actual cases with clients getting into trouble because they’re relying on AI, which is, at this time, utterly unreliable. I’m not saying that it doesn’t have good uses and purpose, and it may have great things in the future, all that, all that. Page – 11 – of 11 But right now, folks. If you go to AI as your source, so that you don’t want to get into trouble under New Jersey gun law, you are making a big mistake, a big GOFU. Evan Nappen 36:52 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 37:03 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 E283_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 282-Court Tosses Polatov Cocktail on Gun Law Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Gun Lawyer Transcript – Episode 282 SUMMARY KEYWORDS Polytoph case, gun rights, New Jersey gun law, firearms purchaser identification card, second amendment, public health, safety, welfare, Bruen decision, essential character of temperament, weasel clause, gun denial, federal case law, voluntary registration, gun lawyer. SPEAKERS Speaker 2, Robert Bell, Teddy Nappen, Evan Nappen Evan Nappen  00:17 I’m Evan Nappen. Teddy Nappen  00:19 And I’m Teddy Nappen, Evan Nappen  00:21 And welcome to Gun Lawyer with a very exciting show today, because we are going to learn about Pearl Harbor. No, it’s all about a different issue. What we are learning about, though, is a great case that just came down from the Appellate Division that my firm was fighting for our client here. It is a really amazing case that is a published decision, and this is very important to understand. In New Jersey, when a decision is deemed published, it means it is law. It acts as law. And the great attorney who argued this case for the firm, and did, in fact, do the appeal as well, is Robert Bell. Rob, welcome to Gun Lawyer. Robert Bell  01:23 Thank you. Great to be here. Evan Nappen  01:25 All right, man. So, we’re all very excited about the (Mikhail) Polatov case, and that’s why we’re saying that the “Court Tossed a Polatov Cocktail on New Jersey Gun Law”. Because this case, which is a great win, actually had some very, very important impacts on our gun rights and in future fights in the courts over gun laws. Why don’t you tell us about this case, Rob, and where we’re at and what’s happened. Go right ahead. Robert Bell  02:03 Certainly. So, Mikhail’s journey in trying to exercise his Second Amendment rights started back in 2020. He applied for a Firearms Purchaser Identification Card and was denied. Not on the basis of any convictions, restraining orders, substance abuse, or anything like that. Nothing objective. Just a 2011 misdemeanor charge that was dismissed and something back in 2002. So, it’s all very remote, and neither of them resulted in convictions, anyway. He gets denied, and he appeals it. He gets in front of our favorite Bergen County judge. I don’t need to say his name, but you can look into the record and find it yourself. Robert Bell  02:51 Don’t worry. He listens to the show. So, it’s okay. Robert Bell  02:56 So, he gets in front of this judge, and he testifies about what happened in 2011 in New York during this incident that was dismissed. And it’s not that the Judge disliked the behavior. He just disliked his “cavalier attitude about it” and denied the permit. Fast forward to 2023. Mikhail applies again, and this time his wife applies as well. Both denied. Simply on the basis of a previous denial. They appeal it. They deny the wife simply because she lives with him, and they deny him because he was dishonest with us before. And if he’s telling the truth now, it means he was either lying then or lying now. It doesn’t matter. It was just a catch 22 of you lied at some point, and I don’t like that. You are not of the essential character of temperament necessary to be entrusted with a firearm. And that’s that, that was the, the addition to the weasel clause that I think our viewers know, right? Evan Nappen  04:11 So, let’s do, let’s explain a little bit. The disqualifiers that exist in the gun laws under (Chapter) 58. There’s a list of what we often call the per se disqualifiers, where somebody like if you’re a convicted felon, it’s a per se disqualifier. And virtually everybody knows that. But New Jersey has this catch-all, the all-inclusive miscellaneous weasel clause that we refer to as “public health, safety, and welfare”. And that provision, that basis for denial is the area where we see the most significant abuse, particularly racist abuse. Where there’s a disproportionate denial of blacks by more than two and a half times to whites. It is the section of the law that is fraught with abuse on stopping the individual from being able to get licensed. The law was changed in New Jersey from just “public health, safety, and welfare”, but adding the phrase about “based on character of temperament”. Well, Rob, why did they add that? Why don’t you tell listeners why? You know the history. Why was that put in there? Robert Bell  05:26 In June 2022, when the (United States) Supreme Court issued the Bruen decision, the anti-gun states, the gun the rights oppressors in New Jersey, New York, California, Maryland, and Massachusetts, were absolutely seething. And they have been going on a temper tantrum ever since. In December 2022, they decided to pass that temper tantrum into legislation that was signed by the governor immediately. And it added “. . . the essential character of temperament necessary to be entrusted with a firearm.” Where they found that was in footnote one of the Bruen opinion. Footnote one of the Bruen opinion explains the laws of multiple states, including that of Connecticut, and they quoted a case called Dwyer versus Farrell. Now, Dwyer versus Farrell is a Connecticut case about the firearms laws. Robert Bell  06:16 However, the Supreme Court quoted Dwyer versus Farrell, and they had a phrase in it, essential character of temperament, necessary to be entrusted with a firearm. However, the Supreme Court of the United States unfortunately has a typo in that footnote. It actually reads “character or temperament”. So, we know exactly what they were doing. They were just combing that decision, looking for anything and everything to keep this unctuous statute going for as long as they possibly can so that they can continue oppressing gun rights. So, now we have a phrase in the weasel clause that is a result of the legislature copying somebody else’s homework and passing it off as a sensible phrase, because it makes no sense. Evan Nappen  07:05 And now it’s actually. But Rob, now it’s actually had the opposite effect of what they intended. Because in this case law, it creates a limitation, as expressed in Polatov, as to what that actually means, right? Robert Bell  07:24 Correct. They actually have spoken up on what that means, and it’s in part because I pointed out where it came from. I think. Evan Nappen  07:32 I think you’re right. No, absolutely, it’s why. And now what is that phrase now mean in New Jersey, as it applies to the entire weasel clause now, right? Because it modifies the whole weasel clause. What is the standard that has now been determined by Polatov? By that case. Robert Bell  07:53 They seem to have rejected my original argument that it requires repetitive misconduct. But then they go on to say, “character of temperament” means the basic defining qualities of a person’s emotional response. And to lack the basic qualities of one’s emotional response means to have no stable or consistent emotional core necessary for responsible action. In other words, to be so volatile that armament would endanger the interest of the public health, safety or welfare. I don’t know how you prove that someone’s volatile without pointing to multiple instance of misconduct, but. Evan Nappen  08:30 But they are basing that, very importantly, on Koons v. Platkin, correct? Robert Bell  08:40 Correct. Evan Nappen  08:40 Now, what is the quote that the Court relies upon, which is extremely significant, because now we have, for the first time, a New Jersey appellate case law getting published utilizing the federal win, the federal law in our favor, and now that becomes part of New Jersey state law fighting, right? It’s very significant. It bridges the state to the federal. What did they do, Rob? What did they do? Robert Bell  09:16 They quoted Koons v Platkin when they said that the weasel clause must focus on whether the applicant armed with a firearm poses a danger to the public. So, we’re running in circles with vague rules. Evan Nappen  09:31 But now we have the standard of the violence and danger to public. We’ve seen many times in the denial that it has nothing. They put forward nothing to do with violence or danger that they don’t ever deny, as this case illustrates. What did the judge deny him for? Nothing having to do with violence? Robert Bell  09:57 Credibility. Evan Nappen  09:59 Right! Robert Bell  09:59 Credibility. Evan Nappen  10:00 Which is not a basis. And so, this is going to have the effect of cutting down a lot of the wrongful denials that we’ve encountered, that we’ve seen. Robert Bell  10:13 It’s certainly something we can use to smack back them. Evan Nappen  10:16 Yes. Now, we want to see it go further, of course, and to finally be taken out as utterly and completely unconstitutional to even have this type of disqualifier in the gun laws. But what has been accomplished here, with the Polatov case, is incorporating the federal wins in gun law, the federal case law into state law, and establishing a more narrowing. It narrows more the “public health, safety, or welfare” disqualifier than we had prior to the law being changed. Robert Bell  11:04 Oh, yes, because now it has to focus on the applicant. People used to get denied permits for individuals who live in their house with them. If they were a convicted felon, if they were under a restraining order, if they had been involuntarily committed, something like that. Evan Nappen  11:18 Right! And that is a classic that we see going on all the time in New Jersey with an innocent third party. They attempt to disarm the innocent third party because of some other party in the household who is otherwise disqualified. Teddy Nappen  11:37 Didn’t they just pass that law, too? Where they’re now, like doing what are they trying to know like now hold or the household background check? Evan Nappen  11:45 What I’m talking about here, and I think Rob knows. When we enter into these cases where it’s an innocent third party who’s being denied their gun rights or have had their guns seized because, say, somebody else in the household gets a restraining order against them. Robert Bell  12:04 Correct. Vicarious, vicarious disability, I guess you could call it. Evan Nappen  12:08 Right! And then they abuse the case where a person said, oh yeah, I’ve let the disqualified person have the gun, you know? And suddenly that makes everybody in a household is disqualified. And so, this is going to help to end that practice, and help end those arguments of becoming disenfranchised of your gun rights because somebody else in your household is disqualified. Because it doesn’t make you, the individual, have a character or temperament problem. Robert Bell  12:47 Correct! And it doesn’t even sound like the legislature knew that what they were doing there. They just had a temper tantrum, and they limited something that they liked to use Evan Nappen  12:57 Oh, yeah! Absolutely. Teddy Nappen  12:58 Rob, I just have a question regarding, I was reading through the case, just the background of like, what they were highlighting, where it was the they thought he “lied” about it. But I just didn’t understand about his history, the criminal history of the charge, of why they were denying him. It just seemed like it was a complete misunderstanding of the question when they were asking. Did he have, like, the history? Because I was reading through the transcript that was in the decision, and it just seemed like they were confused, like it just seemed. Robert Bell  13:29 Yes, at least in that first hearing, that I did not represent him in. It seems that way. It just seems like he said, whatever. And also I don’t, I don’t know that it’s in the transcript, but that was on Zoom. That was. Teddy Nappen  13:44 Oh, even better. Robert Bell  13:45 Yeah, so that hearing was on Zoom. Evan Nappen  13:47 And wasn’t both licensing hearings in front of the same Bergen County judge? Robert Bell  13:54 And that was a beautiful point. I like to tap myself on the back for that. I said the same judge and the cops have gotten in the way of this man arming himself for five years. Evan Nappen  14:05 And I would like to point out to folks, if they want to actually read this decision, we’re going to have the link. (https://www.njcourts.gov/system/files/court-opinions/2026/a3720-23.pdf) There’s a transcription of the colloquy of the first hearing between the judge and the client. I think it illustrates what goes on in that court. Because when you read that, keep in mind the questioning you see going on there isn’t being done by the prosecutor. It’s being done by the Court, who is aggressively interrogating the applicant. Read it for yourself. You can see what goes on in that court when it comes to a Judge, who you want to be a neutral judicial authority, but he takes on the role of a cross examiner. It’s very interesting. It gives you a taste of what goes on there and what our client went through. You read it for yourself, folks. Robert Bell  15:11 Twice. Teddy Nappen  15:11 Now, multiply that times 1000 and that’s almost every gun case for New Jersey. Where you know it’s a prosecutor, a judge who you know, a political appointee who has a bias and wants to take away our rights. Evan Nappen  15:25 Well, we don’t know. Why? Why else? What is going on? Maybe, maybe not. I don’t know. Is it just simply pursuing an agenda? Is it simply a rule that is now become something where the issuing authority is, is in  prepositioned here to be aggressively questioning on the side of the Government of taking rights and not the role of protecting rights, of expanding rights, of being the one who ensures the protection of individual rights, but rather the one pushing hard on whether to take rights! That’s what you can you can argue and reflect upon. Teddy Nappen  16:13 Well, I think it comes back to just look at the Bruen decision with the dissent from Jackson. What was her view of our rights? When you consider the Second Amendment, you have to consider the issues of gun violence and threats to the community and everything else, but not actually looking at the law. That is the mindset of these people. They always bring in that bias, every single time. You see it from reading that transcript. Evan Nappen  16:40 From Jackson and see. You know, these are what when we talk about individual rights, they’re supposed to be a guarantee of our individual rights, and that guarantee is not voided by way of all these other political arguments. Okay? That’s not how it’s supposed to work. Teddy Nappen  17:03 You also have the, I always think of the line from “The Untouchables”, you know, where the guy says, “let’s do some good”. Like, that’s the mindset. They think like this. Oh, man, you’re doing such a service in denying this, this poor guy who literally is, like, what was he? He was Russian born and was in the Polish military. Robert Bell  17:23 And he knew how to handle a firearm. Teddy Nappen  17:25 Knew how to handle a firearm. Did all this history. Comes here and gets a full degree, family, everything. And he gets denied because “I don’t like guns”. Well, it’s disgusting. Evan Nappen  17:36 It’s a constant battle that we undergo. And speaking of that battle, one of the key fighters for our rights is the Association of New Jersey Rifle & Pistol Clubs. They are the state gun rights group. They are the umbrella organization for the NRA. They’re multiple gun clubs that all belong in the Association. They have a full-time paid lobbyist down in Trenton keep an eye on the shenanigans going on there. Plus they’re fighting in the courts. I mean, Koons versus Platkin. Guess what? Association is on that case. And these are the important things that are this great organization is doing. You need to be a member of anjrpc.org That’s the Association of New Jersey Rifle & Pistol Clubs. Make sure you join. Make sure you’re part of the solution. Evan Nappen  18:32 I also want to talk about our really good friends at WeShoot. WeShoot is a range in Lakewood. We’ve all shot. Rob, you’ve shot at WeShoot as well. Robert Bell  18:43 Correct you are. Evan Nappen  18:43 And so has Teddy. Yep. And we love WeShoot. That is the range. it is right there in Lakewood, conveniently off the Parkway. You can have access to a fantastic resource for being able to shoot right there. They have great training and a great pro shop. That’s where we got our CCARE certificates for getting our carries, and you can get yours there as well. And get all kinds of training – both advanced and novice. Make sure that you check out WeShoot and the WeShoot website, which is at weshootusa.com. You can see the famous WeShoot photography and the WeShoot girls. They have a lot of fantastic deals on firearms that they’re running. You’ll love it. Everyone loves WeShoot. Go there and have a great day at the range. Evan Nappen  19:43 And let me also take a moment to shamelessly promote my book, which is New Jersey Gun Law. It is the Bible of Jersey gun law. It’s a book used by, well, everybody that wants to know about New Jersey gun law. You need to get your copy. Go to EvanNappen.com and order a copy today. It will help you get through the matrix of insanity called New Jersey gun laws and hopefully not become a GOFU, which is always a challenge in the Democratic People’s Republic of New Jersey. So, Teddy, what do you have today for us in Press Checks? Teddy Nappen  20:23 Well, as you know, Press Checks are always free, and I always make it a point. And everyone who has been listening on the show knows I always want to do opposition research. What are they talking about? What is the argument? And you know, our good friends at The Trace. They always keep us abreast on whatever, you know, with their little message and propaganda. And there’s been this huge push where they’re trying to, like, you know, push Trump out and say, oh, he’s anti-gun. He’s hurting gun owners. They always try to make this argument that he’s anti-gun. They go on this Trump deranged rant, but they’re an anti-gun outlet. So, they would be praising Trump for this, but they still go after him. It’s very confusing. And it’s just the, it’s because whenever it comes, Evan Nappen  21:11 They’re schizophrenic, man! Teddy Nappen  21:12 Well, no, it’s the issue of the fact, you always have to remember these people are Marxists. And when it comes to Marxists, it doesn’t matter about standards or beliefs. It’s about defeating the opposition. They don’t care what position they have to take, so long as they defeat their opponent. That’s how you end up with, you know, where you end up with crazies. Where they have, like, the groups of the Left trying to join, you know, “Free Maduro” and “Free Iran”. Like, that level of insanity. So, their latest article from this guy by the name of Champe Barton. I don’t care. “Trump’s Tariffs Are Driving Up Ammo Prices”. (https://www.thetrace.org/2026/03/trump-tariffs-ammunition-prices/) This is something they’ve been pushing for for the longest time. Evan Nappen  22:01 So, they should be totally in favor of tariffs then, because it helps promote their anti-gun agenda, right? Teddy Nappen  22:08 Oh, that would be the argument, but they’re like. Iinstead, it’s just this whole the pro-gun President is hurting gun owners. And they go on this whole stupid thing, like pro-gun President squeezing the ammo industry. Gun owners, bullets, all the humanity, like it’s the level of like they try like the turbulence has arrived. Trump has billed himself the most pro-gun president ever. Yet steeping tariffs in metals and chemicals used to make ammunition is ratcheting up the prices and costs for ammunition. And according to the Ammunition Depot, the average daily price of nine millimeter full jacket, as widely used by the caliber of the market, has ticked up steadily. In January, it’s twice topped 35 cents, the highest level since 2023. About 10 cents more than the average price during 2025. So, I love the game. They always like try to quote, oh, this is a respective source. So you know what? I actually went to the Ammo Depot. I actually went to their sources. And let’s give a little history. So, in December 2020, full metal jacket was of Evan Nappen  23:28 Nine millimeter, full metal jacket? Teddy Nappen  23:30 Full Metal Jacket, 1000 rounds was about 180 prior to 2020. Then it jumped to like 600 to 700 dollars per you know, per 1000. You remember that 2020 days? Evan Nappen  23:34 I remember. Teddy Nappen  23:44 Those golden bricks. They were selling. Evan Nappen  23:46 Crazy prices. Robert Bell  23:47 Gaslighting. Teddy Nappen  23:48 Yeah, oh, yeah. And then cut to February 2021, and the prices was like 70 cents, a round, 90 cents around. And then 2023 to 2024, things finally started to calm down once the end of Covid, where it was 20 cents and it was 27 cents. Then it was 23 cents. Just hovering around that number. And then 2025 it’s at around 21 cents to 24 cents. And of November, 2025 it dropped to 20 cents. I went to the prices index. Went right to the index, it hovers around 12 cents per round to 30 cents per round. So, what the heck are they talking about? This whole stupidity of an argument which, by the way, the experts are still trying to figure out, where’s all this inflation? I mean, we’ve been saying tariffs are inflationary, but none of the inflation has hit. Evan Nappen  24:42 That’s because a lot of the manufacturing has just absorbed it in a cost-of-doing business, and competition has made it so it did not skyrocket. Teddy Nappen  24:51 Yeah. Also, we are the largest producer of lead ore. We exported 864 million of ore. Know how much we imported? Evan Nappen  25:01 Ooooh, and a lot of that lead comes out of the front of a barrel of a little gun, right? Teddy Nappen  25:07 I know, right? Evan Nappen  25:08 Exporting it all around. It’s great. Teddy Nappen  25:08 I know. We, you know, it’s good. You know what? We should export more to Iran. Evan Nappen  25:15 We are really exporting a lot of lead to Iran. Teddy Nappen  25:20 I know, right? But then I even pulled up. I always do this. I like citing Left-leaning sources to prove they’re against their argument. MSN, they brought on expert. You have to understand. Step one, tariffs on imports do raise the price on imports, but you have to remember U.S. experts earn the withdrawal by buying imports from other countries. So, if you have a tax on imports, it’s exactly the same on a tax of exports. That’s called linear symmetry theorem, exactly the same. And therefore what happens is, all the exported goods and services, their prices will fall. So, the increase of price imports is matched by the fall of price. So, it comes down to net zero. That’s their whole argument. That’s their whole long winded claim of like this is the reason. Instead of just admitting tariffs are non-inflationary and just accepting that reality. Because if you look to the price all the time. Evan Nappen  26:16 Let’s step back and look how they’re trying to twist that into somehow Trump is hurting the Second Amendment, or something. Like, first of all, they would be rejoicing if, in fact, he was hurting it. So, why are they putting it out that it’s in any way a problem? Instead they’re trying to just convince what? A MAGA base of some sort that he’s betraying them or something. The politics of that is just bizarro for The Trace, otherwise they should just praise it. In other words, they’re in favor of it. Teddy Nappen  26:49 Dad. Evan Nappen  26:49 What? Teddy Nappen  26:49 Well, this is the trick. Cut to the Germans in World War Two. You’re already lost. Your allies have abandoned you. You are losing men and materials. Your tariffs are causing inflation. Evan Nappen  27:03 Right! Exactly. Teddy Nappen  27:04 This is their game, where they’re trying to break up MAGA in that idea. Evan Nappen  27:08 Right! Teddy Nappen  27:10 Whereas that’s why you have all the black pillars, you have all these stupid people trying to make propaganda, yeah, and that’s the truth, and that’s why you push all these lies. And, you know. Just cut to Harry Entonces, the golden retriever of CNN – MAGA support, 100% on the GOP. Evan Nappen  27:30 Yeah, 100! Teddy Nappen  27:32 That’s, I thought like, he’s making that up. There’s no way. But it’s CNN, like they already undervalue it. So, at this point it’d be 110% for Trump, because it’s that level of. Evan Nappen  27:43 Right! Teddy Nappen  27:43 It’s so stupid. So, this psyop, they try to do a breaking up Trump from the gun owners, breaking up MAGA. This is all lies. And I have the articles here from that. From the Ore World, from showing the levels of production. It’s all lies, factual inaccuracies. Evan Nappen  28:05 Well, I appreciate you pointing that out. I’m sure the listeners do as well. And Rob, what a great job and what a fight you had all through. From the trial level through the appellate level, but victory is yours! Because it is not just a win on the appeal, but it is a published case that actually establishes law for New Jersey and even brings in now the federal case law. It’s quite an accomplishment. It’s really great. Robert Bell  28:40 Thank you! Evan Nappen  28:40 And I want to want to tell you that at the end of the show, we always do the GOFU, which is the Gun Owner Fuck Up. We try to educate our folks about not making mistakes that we’ve seen others make in our practice. They’re expensive mistakes, and they can learn here for free not to do them. So this week’s GOFU, I want to ask you, Rob. Based on anything you’ve been dealing with or observing as any kind of GOFU that you’d like to let our listeners know about for this week? Robert Bell  29:18 Sure thing. But before I do, I forgot to mention that in the Polotov case, the judge and prosecutor are absolutely seething. Evan Nappen  29:26 Oh, really? Wait, what is that? Why is that? Robert Bell  29:29 Well, I very triumphantly emailed an order to the Court and ccd the prosecutor who originally was on this case. Evan Nappen  29:42 And wait, wait. An order for what? Robert Bell  29:44 Granting the permit! Evan Nappen  29:46 Well, let’s explain why. Because the Court in the appellate decision ordered, not just reversing the decision of the lower court, but ordered the issuance of the Firearms Purchaser ID Card. So, you sent the Court order to the trial court saying, here do this order, reversing denial and ordering the issuance of the of the FID card, as the appellate court has so stated, right? Robert Bell  30:16 Correct! Evan Nappen  30:17 So, you did that, right? And what happened? Robert Bell  30:19 Yes, and the Bergen County prosecutors, there were two of them on the email said, oh, please hold off on that. We need to, we need to. We need to talk about this. We need to confer to see if we’re going to appeal or file a stay. So, they’re running scared. Evan Nappen  30:37 For reconsideration or something? Do they actually think they could get a reconsideration of an appellate case that the Appellate Division chose to make published? Robert Bell  30:49 Let’em try. Teddy Nappen  30:50 When it comes. Evan Nappen  30:51 Oh, boy. Teddy Nappen  30:52 When it comes to guns, they’ll always make an exception for us. Evan Nappen  30:57 Well, I don’t know why, but they’re taking it, they’re not taking it very well, huh? From what you’re saying. Robert Bell  31:05 I would say that what they’re doing may be a GTFU – a Gun Tyrant Fuck Up. Which brings us to the GOFU. Evan Nappen  31:15 Well, that does. And wait one second. You know anybody who’s had their firearm license, FID Card denied, this may now present the opportunity to go back. And if you were denied and if it wasn’t based on a criteria that would now fit in the violence area, right? If it was “public health, safety, or welfare” denial of old that this opens a door for you to at least put in for re-application or give a call to us or your other attorneys and see maybe we can do something about reviewing the denial that should not have occurred. So, it opens the door to that for that. Robert Bell  32:08 They have the right not have a denial on their record if it was erroneous the first time around. Evan Nappen  32:13 Right! So, this opens that door. But go ahead, what’s the GOFU, Rob? What is your GOFU? Robert Bell  32:19 I have encountered it multiple times – voluntary registration of an inherited firearm. And I just don’t understand why someone would do that. I hope no one out there does do it. But in New Jersey, for example, if you inherit a firearm from a loved one, a parent, what have you, you do not have to go through the rigmarole of getting a purchase permit. It simply comes to you. However, there is voluntary registration in the Democratic People’s Republic of New Jersey. You can go to their website and voluntarily give them the information – serial number, the make and model. I don’t know. That’s like talking to cops. And with that, I’m like, I’m good. I’m good. Evan Nappen  33:01 Yeah, I don’t know why anybody would voluntarily register. The first word is voluntary, which means you don’t have to do it. So, you don’t. There’s no reason to voluntarily register your firearm. I’ve yet to find the reason that makes it a good idea. Haven’t seen it. Now, if someone can tell me that reason, that’d be nice to know. But I don’t see it. And instead, all you’re doing is putting yourself on the radar when there’s no reason to do it. Then people that do voluntarily register, then raise the State and looking into them. So, now you’re simply saying, hey, look at me, check out the reason for registration, and what I’m writing and everything else about it. And so, all you’re doing is waving a big flag at the Government to focus on you as well. It’s completely unnecessary. Absolutely a classic GOFU is anybody stupid enough to voluntarily register one of their guns. Evan Nappen  34:12 This is Evan Nappen, Teddy Nappen, and Robert Bell, reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2  34:27 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 E282_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 281-Don’t be a Dingus about the Dingus Law Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 281 Transcript SUMMARY KEYWORDS New Jersey gun law, accidental discharge, Fifth Amendment rights, criminal charges, licensing revocation, public health safety, misdemeanor offense, felony conviction, reckless conduct, gun safety, legal advice, jury trial, Second Amendment rights, gun ownership, legal protections. SPEAKERS Teddy Nappen, Evan Nappen, Speaker 2 Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen, Evan Nappen 00:19 And welcome to Gun Lawyer. Say, Teddy, I see you sent me something interesting that you found online. Teddy Nappen 00:26 Well, I always like to check on the Reddit retards to see what they’re saying. Evan Nappen 00:32 Oh, my God. And yeah, you did find some stuff that is very much of concern here, because I don’t want to see any of our people have a problem or get into trouble. And it made it clear to me just how important this Accidental Discharge (AD), the Dingus Law, in New Jersey, is. It is having a tremendous effect, and folks have got to know about it. They’ve got to understand that this is genuine. Teddy Nappen 00:59 And also to be clear, not everyone on Reddit is retarded, but everyone who’s retarded is on Reddit just saying. Evan Nappen 01:06 Ah, okay. Well, I’m glad to know the rules here. But what I want to do is go through the commentary to a certain degree. It is extremely important that individuals don’t make this mistake, because this change is dramatic to New Jersey’s law. And then it instantly has put forward Fifth Amendment rights that must be utilized by gun owners in New Jersey in order to protect themselves. Because the ramifications here are not just criminal, not just potential exposure to a year and a half in State Prison for a mere accident, but also loss of your Second Amendment rights. And not just loss of your rights from becoming a Page – 2 – of 12 convicted felon. Even if criminal charges are not pursued, you’re still going to face potential licensing revocation, pulling you in under the disqualifier of public health, safety, and welfare, what I call the all-inclusive miscellaneous weasel clause that they will use to further disarm you. Evan Nappen 02:19 I’ve encountered case after case after case after case of this. I’ve been, you know, practicing New Jersey gun law now for 40 years. I’ve seen what accidental discharges cause to the individual. I’m not making this up. This is real, and it is a real concern. And they’ve just poured gasoline on the fire by passing this new law that essentially criminalizes this to a degree that it has never been criminalized before. So, our rights become even more critical, and I want to make sure that folks understand this law. So, I’m going to review it and talk about some of the misinformation and such that is out there. And how, again, the anti-Second Amendment, the gun rights oppressionists, how they have structured this law to get it through. To make it have a facial appearance, and yet its effect is hidden until it pounds you, the unsuspecting gun owner. I understand how this system works, and I’ve seen what they do. So, they pass these laws, and in effect, they’re sneaky as all hell. This is a sneaky law that is there to disenfranchise gun owners. Teddy Nappen 03:57 Also the fact that anyone who thinks, oh, this will never happen to me. Oh, I’m a very responsible gun owner. They hate you. That is why they’re laying these traps. And anyone who thinks that this can’t happen to you, tell yourself, oh, I’ve never been in a car accident before. Anyone has ever thought that until it happens. Evan Nappen 04:19 Man, I cannot tell you how many times in the practice of gun law in New Jersey, I’ve had the client say, man, I never thought I’d be calling you. I’ve heard that uncountable numbers of times. I never thought I’d be calling you. Yet here I am. And, frankly, I want the word out so people understand this, and I’m going to deal more with that very fact and the reality of that in some of the commentary that’s here, because it also deserves to be addressed. I’m going to do that. Evan Nappen 04:53 So, first, let’s take a look at the law so you can really understand what the traps are. They’re sneaky tricks. How they passed this, and they know what they’re doing. They know what they’re doing. And they fool the public and create the ability here for the oppressionists to go after the unsuspecting folks that are thinking they’re doing the right thing. So, New Jersey, as you may or may not know, has utterly criminalized accidental discharge, and it is now in law, signed by Murphy. (https://pub.njleg.state.nj.us/Bills/2024/A5000/4976_R2.PDF) Evan Nappen 05:36 The law begins by talking about “recklessly”, and saying, oh yeah, recklessly has the same meaning found in the criminal law. It’s what reckless has always meant, and we will review that in a minute. Then it goes on to define what a structure is. And it says. “‘Structure’ means any building, room, ship, vessel, car, vehicle, or airplane, and also means any place adapted for overnight accommodation of persons or for carrying business therein.” Okay, that’s about as broad as you can get. It’s almost everywhere, Page – 3 – of 12 right? Almost everywhere. So, why is that important? Because it’s that “structure” trick, that “structure” trap, that they weave into the law here. So that if you have an accidental discharge, even though they’re selling this law, look, a person commits a disorderly person’s offense. That’s the New Jersey level of misdemeanor. It’s just a DP. It’s not a felony, just a disorderly person’s offense. Evan Nappen 06:37 “. . . by recklessly discharging a firearm using live ammunition rounds unlawfully or without a lawful purpose . . .” And there you go. It’s so freaking reasonable. It’s so reasonable. No, it is outrageously unreasonable. And here’s why. Because when you actually are going to face this, here’s what’s going to hit you in the face, folks. Here’s what it’s going to be. Number one, oh yeah, it’s a disorderly person’s offense. So, hey, at least it’s not a felony. I’m not going to become a convicted felon, right? Well, if you go down a little bit in the law, it says. A person who commits a violation of this section shall be charged with a crime of one degree higher than what would ordinarily be charged if the violation occurs within 100 yards of an occupied structure. Wait a minute! That occupied structure was any building, room, ship, vessel, car, airplane, or any other place that’s adopted for overnight accommodation or for carrying on business. Oh, you mean, basically, everywhere! Evan Nappen 07:46 Oh, so, wait a minute. It’s one degree higher for just about everything. Unless you’re in the middle of the woods and have an AD with the trees, that’s about it, you know. Short of that, you’re just about guaranteed to be within a structure, the way they’ve written, “within 100 yards of a structure”. It’s one degree higher. Well, what’s one degree higher than a disorderly persons offense? Felony level, fourth degree crime. Felony level. A year and a half in State Prison, folks. Okay? What does that mean? It means that is a disqualifier for the entire United States if you become convicted of that AD charge. Even if you don’t get a day in jail, it’s a fourth degree felony. You’re officially a convicted felon and a prohibited person, disenfranchised of your gun rights for the entire United States. So, that’s what an AD now means in New Jersey. Felony conviction. It would be the rarest of exception if it wasn’t charged as at least a fourth degree felony in New Jersey. So get that through your head first, straight away. Evan Nappen 09:10 Now, what about this reckless, recklessly, reckless. Okay. So, here going into Reddit.com and looking at the discussion and what have you. Okay, that’s all good. One of the folks there said they don’t agree with me, but I’m not a lawyer, and no sense taking a risk. You don’t need to. But then they go and quote, “recklessly” discharge. You can emphasize reckless, and then pull the legal definition of reckless, which is fine. You may recall, we actually even in the show. We discussed it. We reviewed reckless. Let’s take another look so we can fully understand what reckless means in New Jersey and how it interweaves to this new law. So, recklessly, a person, now this is the definition in New Jersey law of just recklessly. A person acts recklessly with respect to a material element of an offense, when he consciously disregards a substantial risk, a substantial and unjustifiable risk, that the material element exists or will result from his conduct. The risk must be of such a nature and degree that considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation. Page – 4 – of 12 Evan Nappen 10:50 Okay. I know that’s confusing or sounds like a lot of legal mumbo jumbo. It’s not, and let me show you where the pressure points come in, where the gotchas are there for New Jersey citizens. In reality, in the reality of the practice of law here, conscious disregard. Again, what? There is a consciously disregard substantial and unjustifiable risk that the material element exists. What’s the material element existing in the AD? That a gun will fire. Okay? Material element. You’re disregarding that a gun will fire. And why would a gun fire? Well, if the actor’s conduct and circumstance is known to him. Do you have a gun in your hand? Is that known to you? Yes, it is. Do you know that guns fire when the trigger is pulled? Yes, you do. Gross deviation from the standard of conduct. Well, everyone knows the basic rules of safety, right? Make sure your gun is unloaded. Make sure your gun is unloaded. Did you just grossly deviate from standard of conduct that a reasonable person would observe? And that’s it. You betcha you did. You bet you that they can. Evan Nappen 12:11 And I’ll tell you what. You may say, no, no, it was an honest mistake, an accident. I didn’t realize, for whatever reason. A reasonable person. Who is a reasonable person? What is a reasonable person? How is reasonable person determined? And I’ll tell you how it’s determined. By 12 people who aren’t smart enough to avoid jury duty. That’s who’s going to determine your level of reasonableness when handling a gun. That you know goes bang. That you know can discharge, and there happened to somehow, while it was in your control, end up with a round that went bang. Do you want that in front of a jury in New Jersey? Do you think that’s fine? You can just say I didn’t consciously disregard it. Yeah, do you see where we’re going? Evan Nappen 13:05 And wait. Now it gets worse. Now it gets way worse. It gets way worse because of how they wrote this law itself. Let’s go back to the law itself. It says a person commits a disorderly person’s offense, which we already talked about, is automatically getting upgraded to felony, by recklessly discharging a firearm using live ammunition rounds unlawfully or without lawful purpose. You tell me what accidental discharge has a lawful purpose. Obviously, there’s no lawful purpose because it’s an accidental discharge. So, every accidental discharge becomes one without lawful purpose. And a jury is going to be thinking about this law and saying, well, reckless. He had a gun. It was loaded, and he didn’t have a lawful purpose because it went off without a reason. And boom, there you go. There you go. Evan Nappen 14:06 You instantly, now, on an accidental discharge, have Fifth Amendment protections, a right against self incrimination, and you need to stand on those rights. If you self-report, if you do that, you are incriminating yourself. You are giving up your Fifth Amendment rights when it comes to an AD. And I say, do not do that. You have a Constitutional right against doing that. If you choose to give up your Fifth Amendment right, what will happen? Your Fourth Amendment rights are going to be brought in because they’re going to want to search and seize, take your guns, and that is routinely what happens. Then you’re going to face the criminal charge, and then you’re going to face the licensing, disenfranchisement of your Second Amendment rights and the forfeiture of your firearms. This is the escalation that I’ve seen occur over and over and over again. And that’s without the enhancement that New Jersey has just dumped on Dingus, okay? Page – 5 – of 12 Teddy Nappen 15:22 It actually reminds me. You know what it reminds me of Dad? Evan Nappen 15:26 What? Teddy Nappen 15:26 When you deal with guns, you do so at your peril. Evan Nappen 15:30 100 percent, Teddy. Teddy Nappen 15:32 If they’re going to go into that courtroom. Evan Nappen 15:34 And that is actual case law in New Jersey. When dealing with guns, you do so at your peril. That is New Jersey court case law, folks. Case law, not just a slogan. It’s actually how they look at it. And so here I am. I’m trying to warn folks. To tell folks. It’s my calling in life. This is what I do. It’s what I believe in, from the bottom my heart. Fighting for our Second Amendment rights. Making the education of these traps out there so that you can protect yourself. And then there’s this kind of comment in Reddit that just makes me go, you know what? Unbelievable. Here. Keep in mind that Nappen sells books, event tickets, legal insurance and legal services. The guy has incentives to scream, the sky is falling, and he’s been doing so for decades. Parentheses, he’s more right than wrong, though. Well, thanks for that little he’s more right than wrong. Evan Nappen 16:39 Let me just tell you something, man. If you think that that’s my objective here, to freaking sell books. The books are a labor of love. I can make more money working at McDonald’s than selling books. And event tickets? Event tickets, are you kidding me? Ten bucks and you get it back when you attend it, if you’re even charged. Legal insurance? It’s not insurance. It’s a member program. I’m the Independent Program Attorney for them. That’s not my program. I’m just an attorney for them, because I want to defend people in that. My incentive to scream to the sky is not that the sky is falling, but that it has fallen. That New Jersey is out to screw gun owners left and right. I deal with it on a daily basis and seeing it. And my mission here is to educate the people I care about, you guys and gals. To be warned, to realize the traps, to realize what it’s like trying to live as a law-abiding gun owner in this God forsaken state that constantly tries to oppress us. That’s what it’s about. That’s what it’s about. Evan Nappen 17:56 It is kind of annoying to see that kind of a statement made, because a person is clueless, clueless. And even if you think about it, if I was really about that, if I was really about making the money, why would I warn anybody? Hey, the more accidental discharges, the more criminal charges, the more licensing revocations and forfeitures, that means more work for me. Why would I want to tell anyone about it? Page – 6 – of 12 Let’s just let the system keep crunching people, destroying people, and I’ll make even more money, right? But I don’t do that. Do I? No, I try to make it so you don’t have to become a client of Evan Nappen’s. Just the opposite, pal. Just the opposite. So, keep it in mind. I’m here trying to protect people. I’m here trying to educate people. I’m here fighting for our rights, one gun law victim at a time that I would rather never have seen become a victim of New Jersey gun laws. Teddy Nappen 19:10 What I look at Dad is, remember when Shaneen Allen? When all of that, everything had broken through with that? It was, what was it? 100 pending cases? Of the exact same charge that had to be changed because of the ruling of that case. Evan Nappen 19:27 By fighting there and changing it, we succeeded, Teddy. Right! Right at that moment even, of saving 100 pending cases. Hey, that would have been a ton more work for me, and I could have made a lot of money. Why would you do that? Why would you educate? Why would you go out there and try to make these changes? Why would you fight for rights? I mean, hell, it’s like saying I’m a cancer doctor and I want more cancer so I can make more money. Really? Seriously? Do you really think that’s what it’s about? Well, it isn’t, folks. Because you don’t dedicate your life to what you believe in for that. You’d know it! Come on. It’s crazy, crazy stuff. I’m here. I want you to protect yourself. Beware of the Dingus law, and I’m happy to say that since we’ve been talking about this, I’ve had less Dingus cases, substantially less. And that’s very interesting. I think the word’s out. I think people are learning this is how you have to be. It’s good. And those that have called and have followed the advice. We’ve been able to save them. We’ve been able to not have them become the supplier of their own rope to hang themselves with. So, this is critical and important. Teddy Nappen 20:46 It honestly reminds me of you. Do you remember that scene in Better Call Saul? Where it’s Kim? She’s the public defender, and I think she’s representing this guy. He’s about to get like, I think, maybe 10 years in prison, and she negotiates it down all the way to, essentially, like, it was three months community service and probation. Evan Nappen 21:08 Exactly. Teddy Nappen 21:09 She negotiates it down. She just turns something that would have been a 10 years jail sentence. He walks out with her, and the first thing out of his words, three months? Could you’ve done better? It’s the level of no appreciation for this shit that has gone down. Evan Nappen 21:29 Ungrateful clients. Yeah, we’ve, we’ve, heard of those. We’ve heard of such things as ungrateful clients. But the system is unbelievable when it comes to New Jersey’s oppression and the turning into criminals of law-abiding citizens. And if the actual lame stream media ever actually covered it, maybe they would finally quit doing it. But of course, they’re in cahoots with the same powers that be, because they hate Page – 7 – of 12 us just as much. So, this is why we’re here, doing Gun Lawyer, trying to educate. We want you to be protected. It’s the reason for the books to be out there. So that something’s out there explaining it, and you can hopefully protect yourself. It’s why we do it, and that’s really what it is. Evan Nappen 22:21 Look, folks, if I wanted to make money, I’d go be a personal injury attorney, right? Go do that kind of garbage. It’s not what I believe in. I do this because it’s what I believe in. That’s why we’re here, doing it. If we didn’t believe in it, there are plenty of ways to make a hell of a lot more money than by being a gun lawyer. But that’s not what it’s about. It’s about doing something for a cause, and feeling that your life has meaning because you’re doing that. Evan Nappen 22:48 And that is also why I want to mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. Because they have a cause, and their cause is fighting for our rights. They are the largest gun rights group in New Jersey. They’re the NRA affiliate. You need to be a member of anjrpc.org. Make sure you join, make sure you get the newsletter, make sure you get the email alerts, and stay in the fight. Be part of the solution. Join anjrpc.org. Evan Nappen 23:19 And also our really great, great friends at WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. It’s where Teddy and I both shoot. It’s where we get our training. It’s where we got our certifications. They have a great pro shop, great guns. A lot of good toys there. They got a lot of great sales, good stuff going on. They treat their members and the shooters and their customers so well. Just like family. Everybody loves WeShoot. I know you will, too. They’re conveniently located right in Lakewood, close to the Parkway. They are a resource for Central New Jersey. You know, our ranges are critical. It’s important. You need a place to shoot. You need a place to practice. You need a place to gain your skills and keep them sharp. WeShoot is ideal for that. You can go to weshootusa.com and check out their website. Beautiful photography. They have top of the line firearms, and they can get you equipped, set up right. Whether you’re new at this idea of gun ownership or whether you’re just a grizzled old gun owning veteran like myself. And I don’t mean veteran in a military sense. I’m not a military veteran, but I mean a veteran of owning guns for many, many years, many, many, many, many, many, many years. Since I was a kid. And, you know, not everybody has had that experience, but luckily, Teddy, you have. I think you’ve shot a gun since you could shoot a gun. I don’t know. Do you know when? When did I first have you shoot a gun? Do you remember? Teddy Nappen 24:54 Well, if I remember, I think it was probably eight years old. Evan Nappen 24:58 Well, that would be an actual firearm. Teddy Nappen 25:02 When? When you actually let me shoot a gun? Page – 8 – of 12 Evan Nappen 25:07 Yeah, the actual firearm. But prior to that, you had BB guns. Air guns. Teddy Nappen 25:10 Oh, BB guns. Yeah, oh yeah, from the little cap guns. I remember the little popper cap gun that you could get where it had the it, you know, you would have to reload it with the little red caps and pop it in. Evan Nappen 25:22 And I taught you basic gun safety, loading things from toys, right? Teddy Nappen 25:31 That’s how it went. I had my little cowboy, the carol spinner that you got me. That I could actually learn how to spin. Evan Nappen 25:42 Spinning was fun, huh? Teddy Nappen 25:43 And the training video you gave me as well from the western. Evan Nappen 25:46 You got good at it, too, buddy? Yeah, right up there. You could, you could do the Doc Holiday scene? You know, with Ringo doing the gun spinning. Yeah, that’s good. Teddy Nappen 25:57 Wow. Johnny Ringo, exactly. Evan Nappen 26:04 Hmm, do I like him? Reminds me of me. Now I know I hate him. Teddy Nappen 26:09 Well, someone walked across your grave. Evan Nappen 26:11 Great stuff. Great stuff. Love the movie Tombstone. Okay. And I can’t forget to plug my book. My book that I make so much money selling. New Jersey Gun Law. Make sure you buy lots and lots and lots of copies. Please go to EvanNappen.com and get that book. It may even save your ass, believe it or not. And that’s why I wrote it. It’s 120 topics, all question and answer. It explains this insanity called New Jersey gun law. Get your copy today at EvanNappen.com. Teddy, what do you have for us today in Press Checks? Teddy Nappen 27:02 Well, as we know, Press Checks are always free. And speaking on standing on one’s rights, which lack thereof in the U.K. You know, I always wonder. At some point, is the U.K. ever just going to hit rock Page – 9 – of 12 bottom? And apparently not. They still keep going lower. As coming here out of, you know, I always enjoy, you know, browsing Breitbart. The British government plans to scrap jury trials. (https://www.breitbart.com/europe/2026/03/11/british-govt-plan-to-scrap-jury-trials-clears-first-hurdle/) It’s like, you know, what? You know, King George was right on a few things. That’s the level of insanity. So it’s right out of the article from Breitbart. The left wing government plans to scrap jury trials by Kurt Zindulka. Evan Nappen 27:53 Okay, wait a minute. They got rid of the Second Amendment protection. They have no First Amendment protection. Now they’re dumping their right to a grand jury that they don’t have. They never. They don’t have that right. We have that right. You can see how important the Bill of Rights is, and why our Founding Fathers, fighting the British, were so foresighted to get the guarantees of the Bill of Rights. Because look at what the UK does. Teddy Nappen 28:18 Yeah, and I love the idea of it’s cleared a major hurdle. Ah, yes, that’s how they view rights, a major hurdle. And it can write. Evan Nappen 28:28 A major hurdle. Worthy oppressors. Teddy Nappen 28:32 As the deeply controversial measure concocted by a Deputy Prime Minister and Justice Secretary, David Lammy. Oh, a Lammy. A Lemmy or what are they? Sorry, what were the limies? It would upend a millennium, English legal tradition. It’s supposed to reduce the backlog of cases. Ah, that’s the problem. Need to reduce the backlog of cases. You know, those feeble rights. It eliminates juries for any case where a defendant is facing three years or less. Ah, that is where this is the insidious plan comes into play. Because it’s like, wait a second, three years. So, they are claiming, like, go into the records already 80 cases backlogged, upward of 200,000, by 2035. And their quote “to restore a swift and fair justice”, we are pulling every level available . . . Evan Nappen 29:31 Oh boy. You’ll be tried and hung very quickly. Teddy Nappen 29:34 You’ll have a fair trial and then be shot. Evan Nappen 29:40 Right! Round up the usual suspects Teddy Nappen 29:42 Exactly, exactly. Meanwhile, 3200 lawyers have written a letter calling the government to reverse course, arguing that the central pillar of this legislation that will reduce backlogs lacks actual evidence to actually reduce backlogs. So, the very thing that they are citing. But I love this. And by the way, this Page – 10 – of 12 isn’t a new thing. They’ve been pushing this all the way back in November of 20. I pulled this from The Guardian. The Guardian poll goes like the whole line of why they’re trying to justify it. We have to stop the criminals from gaming the system by choosing a trial by jury, to increase the chances of the proceedings collapse. That is there they’re worried about the criminals, the drug dealers and career criminals laughing at the docs, knowing that cases can take years to come to trial. And we got to do this. Oh, the poor cases of a court cases involving rape take over two years on average. So, it’s all about the rape cases, not the fact that you let mass migration in your country, where it goes from 12,000 rapes a year to 70,000 rapes a year. A mass majority committed by the illegals and immigrants that you have led into your country. But whatever. And that’s the crux of it, because, and that’s the insidious part, all of those cases will get a full trial. So, the immigrants and the illegals get the full trial when it comes to rape, but the hate speech laws, oh, two years just short. So, you get a politically appointed judge who already hates the idea of free speech now is going to crack down on. You know, I’ll give you the few highlights of that. U.K. free speech crackdown has seen 30 people a day arrested for petty offenses of retweets and cartoons that are deemed offensive. Evan Nappen 31:41 And then the cutoff is up to three years, right? So, you don’t get a jury trial, even though you could face three years in prison. You can be sentenced to three years with no jury trial. It’s outrageous. Teddy Nappen 31:54 Twelve thousand arrests a year under these hate speech laws. Evan Nappen 31:57 All right. So, let me tell you about in America and in New Jersey, how our right works and where the cut off is. So, particularly in New Jersey and in the U.S. for that matter, the cut off, my friends, is six months. So, if the penalty you face, if the potential incarceration, incarceration, that you face is six months or less, then you do not have a right to a jury trial. But if you face any penalty that is over six months where you could go to jail for six months and a day, then you have a right to a jury in America. So, this is why it’s structured in this way for New Jersey in the six months. Now, many states will have systems where, even though you have a right at six months, they will still have a misdemeanor lower court. New Hampshire is a good example, where you could face a year as a penalty. However, you can opt for it to be heard, and waive your jury right, in effect, for that max of the year. So, you can, by your own choice, decide to stay what’s called a bench trial. Evan Nappen 33:31 But essentially, the six month is the cut off. Anytime after that, you can, you have the right to demand the jury trial. That’s just how New Jersey functions. So, every disorderly persons offense in New Jersey is six months or less. Every matter heard in municipal court, in district court, the lower courts, they are six months or less. It’s also why you can be held in contempt, and the punishment is six months or less. You know, the right to that jury trial for contempt, even because the judge has that power up to six months. And by the way, if you were charged with 10 disorderly persons offenses, each carry up to six months in jail. In theory, you could be convicted of all 10 of those offenses and be given the maximum sentence of six months and have them all run consecutively. So, you could be forced to do 60 months Page – 11 – of 12 of jail with no jury trial, which would be the five years, theoretically, without having a right to a jury trial, even in America. Evan Nappen 34:49 But, of course, realistically, that isn’t what happens. There’s merger of all the different offenses. So, I’ve never heard of that happening. But in theory, in theory, that’s how. It’s a six month cut off on whatever offense it is here. Now the U.K. wants to make it three years. Think about that. You’re giving one judge, one political hack of a judge, imagine the power, to incarcerate for three years. Now, you know, if you face any charge that’s over a year, that’s a felony, and you lose your gun rights. Even in America, if the offense that you are end up found being found guilty of or pleading guilty to is a penalty that exceeds one year, which as federal law defines, believe it or not, as over two years. I know that’s confusing, but that’s the law. And so what happens is the. That’s for federal law purposes, okay? State law in New Jersey, anything that we talk about felony can still be over a year for state law, but talking federal law. But in the U.K. Now, if you look at it, three years is an option to have a bench trial with no right to a jury. That is crazy. That is absolute felony land, with no jury. There’s a reason our Founding Fathers put that in the Constitution, and it’s glaringly obvious why. Teddy Nappen 36:35 Well, it’s actually pretty funny as well, because I pulled the history of it. And there’s a reason the ropes, the Sixth Amendment and the Seventh Amendment to have the right to a jury, both for criminal and civil. The reason was the British crown, at the time, thanks to the Stamp Act, they were trying colonists through a special Admiralty court, quote, unquote. No jury. A single judge appointed by the Crown to decide cases. So, a foreign judge from across the pond who’s loyal to the King gets to decide the colonists’ fate when it came to that issue. It was a direct assault on fundamental rights, and that was why it was written and list, depriving us many cases of benefit of a trial by jury. That was in the Declaration of Independence. Evan Nappen 37:26 Well, and this is exactly why we also have the Fourth Amendment right. Because the British would have a general warrant, and they would just search under a “general warrant”. There’s a reason we have the Second Amendment. There’s what did with Gage, General Gage. What was it seizing the colonists’ arms. Okay? The reason for our Bill of Rights, for our rights, is what we experienced from the British, and they’re still at it now. Teddy Nappen 37:57 What’s funny is, it reminds me of that scene in “Turn”. The very opening scene is the colonists, the Tory there. And guess who comes running out? A British soldier for the whole amendment on storied soldiers right, quartering soldiers like, wow, really. Evan Nappen 38:20 There we go. Hey, that’s still an amendment that shows our right to privacy in a way, right? It demonstrates even their concerns and what we had to deal with. But hey, Teddy, let me tell you about this week’s GOFU. That’s the Gun Owner Fuck Up. Where you get to learn a valuable lesson that it was quite expensive for someone else to learn. These are all based on real cases. Real cases. This week’s Page – 12 – of 12 GOFU is real simple here, folks. Don’t leave your gun in a car and have somebody else use your car. It ends up being extremely problematic. Because, you know, we often will lock up our gun in a car, which is legal under the Carry Killer Bill. How you’re supposed to secure it. But what happens is, though, if it’s left there, and then somebody takes your car? Like your wife or your kids or someone, and now they’re driving around with a gun that isn’t theirs in the car. Evan Nappen 39:32 You have to be cognizant of where your gun is. Do not leave it locked in the car. Do not leave it. Because then these folks can inadvertently go to sensitive places. They can have other problems that lead to you having problems. And then you’re lucky if the problem is simply a licensing problem and not a criminal problem, as well. It can even be a criminal problem, arguably, for them, because they’re now, it could be argued, they’re in possession of your gun, and it just escalates. So, the GOFU is this. Know where your gun is. Don’t keep it in the car. Beware. If anyone uses your car, make sure your firearms are with you and not in the car when they take it. Evan Nappen 40:18 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 40:28 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S5 E281_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 280-Top 7 NJ Carry Guns Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer — Episode 280 Transcript SPEAKERS Speaker 3, Teddy Nappen, Evan Nappen Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 and I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. Hey, Teddy, guess who finally quit smoking? Teddy Nappen 00:28 You quit smoking? Evan Nappen 00:30 No. The Ayatollah Khomeini. Teddy Nappen 00:32 Oh! Evan Nappen 00:35 There you go. Actually, the thing is, we’re now in a situation where you may have seen the warnings going out about an increased, seriously increased, threat of danger in the homeland. For the, who knows, how many that the Biden administration let in, actual terrorists on the terrorist watch list, and how many unknowns and got aways, and just all those folks that have infiltrated the country that they’re warning about sleeper cells and already starting to see some incidents occurring. And I think it’s fair to say that we all need to be very vigilant, and since most of us are folks that are armed, that carry, we become an important element in the defense of our country. Evan Nappen 01:39 So, I want to talk today about practical considerations regarding firearm carry guns in New Jersey. We want to talk about the guns that are appropriate and are really some of the top most popular carry guns in New Jersey. Now, none of this means these are guns we’re going to talk about that make it that. You know, if you choose to carry any gun that you like, that’s fine. None of this is critical of any firearm that you may be carrying. I just want to talk about ones. It was inspired to talk about this from an article I found in Breitbart. Now Breitbart’s article is the “Five Concealed Carry Guns First-Time Buyers Should Consider”. (https://www.breitbart.com/2nd-amendment/2026/03/03/five-concealed-carry-guns-first-time-buyers-should-consider/) Page – 2 – of 11 Evan Nappen 02:30 and I want to. Teddy Nappen 02:32 Number one, Gyrojet pistol. Evan Nappen 02:34 Right. Definitely grab that old Gyrojet. Oh, my God. In case you don’t know what a Gyrojet is, it was, literally, a rocket firing pistol. It launched cartridges or bullets or projectiles, if you will, in a similar way that you fire rockets, not a bullet. So, it’s actually, a gyro jet gun is closer to an Iranian missile launcher, frankly, than a gun. But they were not a commercial success. They’re very collectible and fascinating. You can read more about Gyrojets online. I happen to own a Gyrojet as an example of a rocket pistol. But no, that’s not a gun I would suggest carrying in New Jersey. Evan Nappen 03:27 First of all, it’s too valuable just to carry, and the ammo is like incredibly hard to find. Each cartridge is very valuable as a collectible in and of itself. But here it is from Breitbart. Now this article is by AWR Hawkins, who’s an excellent gun writer, and as he begins the article, he says, with military action in Iran raging and concerns about staying safe stateside, we thought it would be helpful to put together a list of five concealed carry guns that first time buyers should consider. So, I’m going to, and that’s a good thought right now, what we’re dealing with. I’m going to modify from what he’s talking about, is just to carry guns in New Jersey, whether you’re first time or not a first time. There are advantages and disadvantages to a number of the firearms that they’re putting out, and we have to put in the concerns that we have in New Jersey. One of the primary concerns at the moment in New Jersey is, of course, that you can’t have a magazine that holds over 10 rounds. So, the handguns that we’re going to carry in New Jersey have to have a limitation in the magazine of 10 rounds. Now, that does not include one round in the chamber. So, in theory, you can have 10 rounds in a magazine and one round in the chamber, and you are legal in New Jersey for that carry gun. Evan Nappen 04:56 So, what happens is there are a number of handguns out there that, of course, are wonderful, wonderful guns. They are larger frame and normally hold standard magazine capacity definitely over 10 rounds. And you can start, you know, with just a Glock 19 that would have the standard magazine of 15 rounds. An excellent carry gun and super popular. But in New Jersey, putting aside, let’s just say the Glock 19 happens to fit your hand really well, and I understand that. But in reality, you’re carrying a gun that is larger than you necessarily need. Again, if it works for you, that’s fine, but it’s larger than you necessarily need, which makes it arguably somewhat less concealable. And yet you’re being limited in one of the nice features about it is that you could have the increased firepower of 15 rounds, but New Jersey stops you from that. So, you have to have a 10-round mag in your Glock 19, that’s a nine millimeter. Evan Nappen 06:04 So since New Jersey is forcing us to have 10 round mags, why not conform, at least to the degree of having a much more concealable, but just as deadly, more concealable handgun that would carry up to Page – 3 – of 11 the 10 rounds. And in our modern world today, there are a lot of excellent choices of, you know, nine millimeter and other calibers. But nine is primarily one of the most popular self-defense calibers out there at the moment that hold 10 rounds, but are very compact, very concealable. And the article lists these, and let’s talk about some. Some others that I’ll add in. Evan Nappen 06:57 They put as the number one, the Sig Sauer P365. So, the P365 is an excellent carry gun for sure, and it’s very compact. And as you know, Sig re-designed or created into the design. They designed a gun around the magazine so they could have a 10-round magazine and have a gun that is extremely compact. The P365 is striker fired, and it’s about, you know, 4.3 inches tall, about 5.8 inches long. It weighs in at about 17.8 ounces, and it comes with two 10-round mags. So, it’s New Jersey legal. There’s all kinds of you can get go MOS. It’s set up for that so you can have your sites if you get an MOS model. There are many different variations on the P365 that will have features that may fit you better. It’s a proven gun. So, it’s definitely one of the most popular and definitely a good choice for New Jersey. Evan Nappen 08:10 The next gun in the article is the Glock 43X and that’s also one of the most popular pistols in America. It’s single stack. So, what that means is the magazine loads one round on top of the other, as opposed to the SIG 365 which is kind of that double stack, where the rounds are kind of side by side in the magazine, filling it up as a box. Whereas the Glock is single, straight down in the line, and they do, and it does have a 10-round mag. The Glock is somewhat slightly larger. It’s about 6.5 inches long, and it’s about 1.1 inches in width, and about 5.04 inches in its height, tall. It weighs in at about 18.7 ounces. So, it’s a slightly heavier, slightly larger than the P365. But it’s very popular, very concealable, and it has a 10-round magazine. Evan Nappen 09:29 Now keep in mind that it’s possible for any of these guns, the Sig, or any of these two, of course, to have magazines that hold more than 10 rounds. But they’re essentially made from their creation as a 10-round gun, and that’s important in New Jersey. Because, at the moment, and hopefully this will go away, but at the moment, we’re restricted to that. So, having the concealable ability of being very, very stealthy and not being made, let’s say, as being a carrier. Because you’re concealing a firearm so well, you’re less likely to have printing and other issues where it can be kind of signaled to folks that you might be carrying, which is a good way to think when dealing with New Jersey. Because even though we have a carry permit, even though we’re legal to carry, discretion is still the word of the day. So, you want to remain discrete. Evan Nappen 10:27 Your best bet is for no one to know that you’re carrying in New Jersey, and that is both the cops and the criminals. We need to be discrete because we’ve experienced many times through the office that individuals, where their gun is somehow ID on the person, and even though they’re legal, maybe their shirt showed for a brief second, which the law actually understands can happen. It’s not a crime when that happens. But the next thing you know, police are called about somebody carrying a gun, or they believe someone has a gun, and it can escalate into all kinds of problems. So, the idea in New Jersey Page – 4 – of 11 is to be able to be armed and be armed to the max that the law allows us to be. But to keep the concealability factor and the discretion and discreteness very tight. We are NOT an open carry state. We want to make it so that that firearm gives you a tactical edge in the fact that should you need it, the use of it is, to a certain degree, giving you the advantage of surprise. So, keep that in mind. And so these guns are fitting that bill very nicely. Evan Nappen 11:42 Now the article also talks about the CZ P-10 C, which is a ported pistol. This is also a compact gun and also has the 10-round magazine. The CZ is interesting because the German army actually adopted this pistol model, you know, and so it has certain definite reliability. And a lot of folks like the ergonomics, but it, too, is polymer, and in the same kind of class as the 365 and the 43X. Again, it’s a good choice for New Jersey, should you like that gun. Now, the article talks about the Palmetto Dagger. Palmetto is a decent gun for the money. And let me tell you, they’re a bargain, that’s for sure. They are budget oriented, but they are, you know, they shoot. They’re reliable, they work and such. But the Palmetto Dagger is more along the lines of a Glock 19 and there, yeah, you can get a 10 round mag for it, and maybe you want the slightly, you know, somewhat larger frame, what we might call a medium frame. But in terms of its, you know, you can get more concealable with the other guns we’ve been talking about. It’s still a good gun out there. It’s a nice package, especially for the money. Palmetto puts out a gun that really is a bit of a bargain, honestly, for what they’re offering. But you don’t have the same compactness as the other firearms offer. Evan Nappen 13:36 And the fifth gun talked about in the article is a Ruger LCR polymer revolver. So, that is a revolver similar to, it’s essentially a snub nose .38. But in Polymer, it still can handle the plus P 38. Some folks might prefer a revolver to a semi-auto pistol. Of course, the rounds get less. You’re probably talking here about a five shot and such. But it is an excellent firearm for what it is. If you’re, if you want a wheel gun for its simplicity, it doesn’t leave cartridge cases lying around, or whatever. A revolver may be your way to go. Now, in terms of that type of revolver, the Ruger is good gun. But I happen to have a personal love of the J frame Smith, of the Smith & Wesson. You know, the J frame class, which includes the model, the original, of course, is the 36 or the Chief Special, and you get into all the variations of the J frame, on that J frame. There’s a lot of other snub .38 out there that Smith makes that would also fill the bill. These revolvers are affectionately known as pocket rockets, and they’re good guns. So, if you’re a revolver person, if you’re looking for something concealable, there are plenty of great revolvers. But if we’re talking concealability, then this is a classic. The Ruger and the Smith would fit that bill in snub nose .38. It would give you features that a revolver offers. Teddy Nappen 15:29 If the whole, I would say, for the whole article is supposed to be the idea of people like this is your first gun to buy. Like that was kind of the main focus. I lean off of for Ruger, like the very first revolver I ever got, the GP 100. That was very like, yeah, learn to work with right yourself. Evan Nappen 15:47 And revolvers are good for that. But here, the article in Breitbart is about, like, your first gun. And getting into that. I get it. But what I’m looking at here is taking this article and talking about, not Page – 5 – of 11 necessarily that it’s your first gun, but looking at guns that meet the criteria under New Jersey law, that are effective for carry, that can get you the concealability. And yeah, you know, they’re bigger revolvers that can fire even more powerful, so that you can bump up easier to a .357. You get a four inch barrel or a six inch barrel revolver and have a full size frame. Really be able to put some powerful loads, get some great target shooting and great experience. There’s something to be said for that. But when it comes to carry, we’re looking for the concealability and the stopping power. We’re looking for the ability to conform to New Jersey law and remain discrete. Evan Nappen 16:44 One of the other guns that I would like to talk about that is not mentioned in the article, but one that I happen to particularly like, is the Shadow Systems CR920 Elite. (https://shadowsystemscorp.com/cr920/) So, if you haven’t seen a Shadow System CR920, that gun is pricier, for sure. But it is really a great gun, and it is nine millimeters well as a 10-round mag. So, it fits the bill for New Jersey. They have a lot of features on it that kind of make it a highly upgraded Glock 43X to be honest. It’s very similar in the size. In fact, the holsters that would take a Glock 43X will actually work perfectly with a with the Shadow System CR920. So, it’s something to consider. If you ever had a chance to shoot shadow systems, you’ll know what I’m talking about. It is definitely a bit of an upgrade and a gun that I personally like, but all these guns will be able to serve you well and be able to protect you and your loved ones. Evan Nappen 18:03 And you can know that you can carry them lawfully under New Jersey law with your permit to carry. You stay concealed and discreet in your carry and that’s the way we as New Jersey gun carriers need to be. So, this is something to consider when talking about guns that you carry. And again, there are so many other great handguns, great calibers. None of this is saying that any of these are any better than anybody else’s. You have to look at your needs and what you want, what your budget and what you can afford. But stick to the key principles. That is that you practice, that you shoot it well, that you exercise safety, that you know the laws, that you stick to being discrete, discretion is key in New Jersey. So that you don’t end up having to call me, even though you are 100% innocent, but now we have to deal with the legal situation. You’re best bet is to do what I’m saying. Be discreet and protect yourself in that manner. Hey, let me. Teddy Nappen 18:05 Or have them all put in for the CMP, and you can carry a piece of history with yourself. Evan Nappen 18:49 Yeah, right. Well, if you want to get a nice 1911. We’re definitely upping the game here. And nothing wrong with carrying the 1911, but it is definitely a much larger firearm and very powerful, very reliable. I love my 1911. Who doesn’t? But, you know, this is a different way of thinking when it’s coming to protecting yourself. And of course, you still can max out to the 10 rounds easily with this in a compact package. So, that’s what makes these nice. Page – 6 – of 11 Evan Nappen 19:13 If you want to check out any of these guns and you want to get your practice and your training and even your certifications, well, we know no place better than WeShoot. WeShoot is a gun range in Lakewood. That’s where Teddy and I shoot, and we got our certification. They have guns there that you can try. They’ll be able to set you up with your perfect concealed carry gun and get you the training. Help you get your license as well by getting the qualifications that you need. And this is also part of the package. So, when you want to become a defender and stay a defender, you need to have the training. You need to have a place to practice, a place to shoot. And WeShoot does that very thing. They’re an indoor range in Lakewood, conveniently off the Parkway. A great place right there in Central New Jersey. So you want to check out WeShoot at weshootusa.com. Go to their website. They will absolutely be able to set you up perfectly with a firearm that meets your needs, especially in this environment where we are at war with the number one sponsor of terror. Evan Nappen 20:50 And, folks, I would find it hard to believe that they have not preempted our ability to defend ourselves by having sleeper cells and other agents that are in our country that we should expect will be looking to wreak havoc and chaos. And, you know, this was done under the, with the eyes closed of the Biden administration, primarily. President Trump for trying to clean up that, that mess that allowed that to happen, and he’s currently engaged in changing the world, changing the world where we can make such a huge difference. And it’s finally President. You know, I’ve been, as many of you have lived through 47 years of Iranian Islamic fundamentalism, terror, and all the things that it brought upon us. And it may finally, finally, be coming to an end. But it isn’t over yet, and it may very well come down to your ability and my ability, our ability, to defend ourselves right here at home. And luckily, the expansion of our ability to carry because of Bruen and forcing the issuance of carry permits, gives us this opportunity to be able to do something that, you know, half a dozen years ago, we would not have even been able to do in New Jersey. And that’s carry to protect ourselves in the face of a national security threat to our homeland. So, take advantage of that and check out weshootusa.com for your firearm needs. Evan Nappen 21:12 Let me also mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are the state affiliate of the NRA. They are the folks fighting for our rights in Trenton and in the courts. Hopefully they’ll get that magazine ban finally overturned. We’re looking cautiously optimistic at that. So we’ll be able to actually have guns to carry more than 10 rounds. When that happens, we’ll be able to buy larger capacity magazines for our highly concealable nines that we’re currently carrying, and that will give us even more ability to defend ourselves and our loved ones and our in our country, for that matter. So the Association is hard at work. Go to anjrpc.org so you can join and be part of the solution. You’ll get email alerts. You’ll be told what shenanigans are going on down in Trenton and what case law changes are taking place. So, check out anjrpc.org, the Association of New Jersey Rifle & Pistol Clubs. Evan Nappen 24:28 And while you’re at it, make sure you pick up a copy of my book, New Jersey Gun Law. It’s the bible of New Jersey gun law. It’s over 500 pages, 120 topics, all question and answer. Make sure you have a Page – 7 – of 11 copy of that book so you can keep your gun rights and not end up in jail and turned into what I call a law-abiding criminals because of New Jersey’s insanity of gun laws. I tried to create this very user-friendly manual. Go to EvanNappen.com, EvanNappen.com, and pick up your copy today. Teddy, what do you have to share with us today in Press Checks? Teddy Nappen 25:09 Well, as you know, Press Checks are always free and well, we can all see right now that Trump’s Operation Epic Fury is going well. It’s already met multiple of the objectives and frankly, the level of damage that we have just taken out the entire Iranian Navy and the multiple sites they have hit and taking out not only the Ayatollah, the Ayatollah’s successor, who was there for seven minutes. You know, just here’s your hat, and he’s gone. And then the successor’s successor. It’s just, their leadership has been toppled. And this really sets the tone and level and power that the U.S. has. And all it took was having someone actually with the will to act. So, just going off of that, I was scrolling through AmmoLand, and I saw a very interesting article that made a good point. And this is by they just said the AmmoLand Staff. “Iran’s Power Vacuum Highlights the Importance of an Armed Citizenry”. (https://www.ammoland.com/2026/03/irans-power-vacuum-highlights-the-importance-of-an-armed-citizenry/) Teddy Nappen 26:28 So, they were referencing from the Citizens Committee for Right to Keep and Bear Arms, where they put out a press release talking about how the Iranian people’s lack of the most important safeguard of liberty that the Americans possess, the right to keep and bear arms. The Chairman of the group, Alan Gottlieb, says that Iran does not have the equivalent of our sacred Second Amendment. The Iranian people need it bad. And highlighting to what the Founding Fathers believed were the Second Amendment is the safeguard to a tyrannical rule. Everyone can agree that Iran was a tyrannical rule. It was a theocracy ran by radical, crazy clerics. You know that, and I just love every time the Left. You know the hands off Iran, Free Maduro like that. It just shows you the level of disingenuousness from the part from that party. Teddy Nappen 27:30 But just to highlight the fact, for those of you who may be living under a rock, the Iran regime has ruled for more than four decades with authoritarianism. Suppressing dissidents, jailing critics, killing them also, and slaughtering protesters. They actually were importing in Iraqi militia groups to just start gunning down protesters after Trump had taken out the, and as the protests were breaking out in Iran, prior to Epic Fury. So, as was also stated, the symbol and freedom in our nation, the symbol and freedom in a nation of slaves is the gun. Because it enshrines the ability for the people to keep the Government in check. Again, I always hear the stupid Leftist argument like, oh yeah, you really think your Second Amendment is going to help you against the F15s or the United States military? Give me a break. Every single one of us who are able to carry, it would be one of the largest standing armies in our country. Teddy Nappen 28:38 And also, I love how they make that argument. And also say, you know, an unarmed group of protesters about to overthrow the Government. So, you know. But, you know, they keep referencing Page – 8 – of 11 January 6, like it’s Chris, like it’s a Christmas holiday. But the point being is that the Second Amendment keeps these things in check. Because right now, that was the whole push, was to have the people rise up against their oppressors. Imagine what would have happened if all the Iranian people actually had access to firearms? I actually pulled the laws. So, I went and see like, okay, what was it? What was it like? What were the ways of getting people to, if you wanted to buy a gun and you were an Iranian citizen in Iran, what would you do? And it seems they’ve modeled themselves off of New Jersey. You have to obtain a gun license in Iran, and it involves several steps, including a background check, psychological examination, and firearm safety course. You have to apply for your gun permit at your local police station. They have to do criminal record, military service status, complete a psychological evaluation to ensure mental stability, taking a firearm safety course and passing a written practical exam, pay your fees, of course, and wait to be approved. So, if you do everything else, you have to be approved by higher authorities, which could take several months. Evan Nappen 30:03 It isn’t that far from what New Jersey actually requires. Jersey is virtually the Iranian totalitarian state of gun laws. Teddy Nappen 30:17 Yeah, and also, it is illegal to possess a firearm without the proper licensing, which is punishable by imprisonment and fines. Carrying a firearm without a license is punishable up to three years in prison. Evan Nappen 30:31 Wait. Only three years? In New Jersey, you can go for 10 years. So, they’re actually a little more reasonable in Iran than in New Jersey. Teddy Nappen 30:42 Yeah. And also, this is something that people need to remember. We are a nation of firearms. Firearms are enshrined in our culture. They cannot take that away, as much as the Left tries to propagandize us out of it. To give you a perspective. In Iran, this is cited from gunpolicy.org. In 2017 it was about 3.5 firearms per 100 residents, as opposed to in 2017 there are 120 firearms per 100 residents in the United States. And that was in 2017. So, imagine actually having the accessibility for firearms, actually having the ability to rise up if you ever needed to. That’s why you have all the Leftists right now flocking the gun shops, trying to buy firearms. Evan Nappen 31:30 Well, the latest, the latest numbers, we have over 500 million privately owned firearms in America. Yep, over 500 million. Teddy Nappen 31:42 We have to get those numbers up. Evan Nappen 31:43 I agree. Page – 9 – of 11 Teddy Nappen 31:44 Yes. Evan Nappen 31:44 Let’s hit that 1 billion mark. Let’s work on it, folks. Teddy Nappen 31:47 This isn’t and also this isn’t a vacuum. When you look at other dictatorships, this is the first step. This is what they do. You have to disarm the populace because they do not want any rising up, any resistance groups or militias, when you’re being an authoritarian regime. And cut to another one of Trump’s highlights of Venezuela. What did you, under the Venezuelan Government, another authoritarian regime, where they also made it nearly impossible to get firearms. Where you could apply for a license to the Venezuelan armed forces. Of course, you need a background check, training requirements, inspections. But here’s the kicker. In 2012 the Venezuelan Government suspends all legal firearm sales to private citizens. Evan Nappen 32:39 Hmm. Why would they do that? Teddy Nappen 32:41 Yeah, I wonder why? Oh, in their words, combating criminal organizations and preventing weapons from falling into the wrong hands. Evan Nappen 32:53 It wouldn’t happen to do with who was in power politically at that time? Teddy Nappen 32:58 Yeah, yeah, yeah. Former leader Maduro, no, guar, no, guar. Yeah. And also, they try to make like, there’s no explicit law banning firearm ownership, just a suspension on firearms of private citizens. I know they’re so reasonable. Oh, and they are required to register all their firearms with the Government. Oh, hmmm. I wonder why? It’s the, it’s the disingenuousness on the Left for why the Second Amendment is so important. Evan Nappen 33:37 Well, let’s answer that question for folks. And that’s because the Registration leads to the Confiscation, and that’s what registration is all about. Why do we fight registration? Because it is a step toward confiscation. Then after confiscation comes the political reality of a extermination. We’ve seen every major Holocaust preceded by these very steps when it comes to private ownership of firearms. Teddy Nappen 34:09 Yeah, and cut to any of the European countries that have just disarmed themselves. Cut to the United Kingdom, with their rapes going from 12,000 a year to 70,000 a year. Page – 10 – of 11 Evan Nappen 34:20 I mean, there’s a reason we did lend lease, and reason why they put ads in the American riflemen to please send guns to England. They even disarm themselves in the face of having to face a Nazi terror. And here, they don’t learn. They don’t learn from their prior mistakes. They continuously repeat them. Evan Nappen 34:40 Well, when they were good and ready, they were done with Winston Churchill, and they said, oh, we don’t need you anymore. That’s how it always goes. And then when things come around, they’re going to need a Churchill. And maybe, just maybe, they might learn their lesson this time. But for now, the Left, gun control will forever be the losing argument on the Left. That is a fact. They will occasionally jump out whenever there’s a mass shooting, but in this point in time, that issue is effectively won on our side. We have to be vigilant, though. Because they always try to sneak things in and go off the, unfortunately, the emotional side of our country, who just do not think logically and actually apply and try to think, oh, what would happen if we take away all these firearms? Is this actually going to solve the problem? Evan Nappen 35:37 Well, in Iran, it’s a shame that people aren’t armed, because they’d be able to take action now, especially with the efforts that the U.S. has already done to their infrastructure, militarily and politically. Right? Teddy Nappen 35:58 I want the CIA to do the, you know, the black book, and just start dropping them, like the leaflets. The ways how to like, to make the gun out of the soup can. Evan Nappen 36:10 Right. Yeah. Teddy Nappen 36:12 Or the traps you could make where it was literally, like, what is it like us use like you make a bomb out of like piss and aspirin. Evan Nappen 36:23 Hmmm. True. Well, Teddy, I want to talk about our very important segment of GOFU. GOFU is the Gun Owner Fuck Up. And the reason we talk about this is it’s expensive lessons that others have endured, that you get to learn very reasonably. You get to learn it for free from Gun Lawyer radio. So, this week, I want to talk about, and these are actual cases that come through our office that we see all the time. This has to do with lost or stolen firearm in New Jersey. You need to know that New Jersey has a law that if your firearm is lost or stolen, okay? Lost or stolen. You must report it to local law enforcement within 36 hours. So, you have a 36 hour window to report a lost or stolen firearm. You must report it to the chief law enforcement officer of the municipality where the theft occurred. Or if there’s no local police, to the State Police. Page – 11 – of 11 Evan Nappen 37:40 Now, once you report a gun as stolen or lost, there can be further ramifications on you. And I want to talk about the ramifications if you fail to report it. Let’s keep this in mind. If you fail to report a stolen gun, it is a civil penalty of $500 for the first offense. So, it is technically not a crime. It’s not necessarily. It’s quasi criminal for failing to report the stolen firearm. It’s a civil penalty of $500 for the first offense and $1000 for subsequent offenses. So, your failure to report puts you in that category. It’s not as if there is a potential jail sentence if you fail to report. Now, this doesn’t mean you shouldn’t report, necessarily, but I’m telling you what the actual penalty is. So, what happens when you report? When you report, you need to provide the make and model and serial number. Evan Nappen 38:42 But then we see ramifications from the reporting where then they may try to move, they being the Government, to take your gun licenses. Revoke your carry permit, revoke your firearms ID card, because they try to then claim that you fall under the category of Public Health, Safety, and Welfare as a danger or problem under that category. And that is it because you didn’t exercise proper care and had your gun stolen, which is, of course, how can, you know, the actions of a third party, being the thief, end up taking not just your gun but your gun rights? But New Jersey never misses an opportunity to do that. So, you need to keep in mind that even though the law requires a reporting, you may end up, from the reporting, having to have a battle over keeping your firearm license. Evan Nappen 39:38 If this happens to you, where you believe a gun is lost or stolen, the best thing to do is call an attorney right away and work through the very specific issues that may be present in your case. How it got stolen, how it gets reported as stolen, if you choose to report it as stolen. These are all issues that you want to have attorney / client confidentiality and discuss, because there can be escalation, and there can be ramifications. Then if there’s a failure to report, of course, and the gun comes up used in a crime, what are the implications from that? There’s a whole array of issues that need to be considered if you are dealing with a lost or stolen firearm. Evan Nappen 40:28 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 40:38 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 E280_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 279-Bang or Bong. Maybe both. Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer — Episode 279 Transcript SUMMARY KEYWORDS Supreme Court case, marijuana user ban, Second Amendment rights, ACLU, NRA, New Jersey, Hughes amendment, West Virginia, machine guns, loopholes, gun rights, felon restoration, Epstein files, Michael Bloomberg, gun violence prevention. SPEAKERS Speaker 2, Evan Nappen, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:18 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. So, we have some exciting things coming in the future here. I want to make sure the listeners are well aware. In the Supreme Court, we have a case coming up that is going to look at the prohibitor for firearm possession concerning marijuana use, if you’re a user of marijuana. And the case is U.S. versus Hemani. This is very interesting, because it is widely believed that the Court is going to strike down the gun ban for marijuana users. Regardless of how you feel about marijuana use, I’m looking forward to seeing this opinion, because it may be useful in knocking down other gun disqualifiers. Because, folks, gun disqualifiers, such as the gun ban for marijuana use, is an area of exploitation by the gun rights oppressors. Evan Nappen 01:38 So, if they can’t just get a flat out gun ban through, which they try to do all the time, if they can piece meal gun bans to various classes of individuals, then they get the job done that way. That’s why you see the ever expanding list of persons who they try to get disqualified from being able to exercise their Second Amendment rights. And this case has, I believe, potentially very far reaching implications as to subverting that anti-gun rights, that gun rights oppression tactic. So, we want to look at it at as more than just the marijuana. It will be fascinating to see it be a victory, because we have parties in support of this ban going away as diverse as, on the same side now, the ACLU and the NRA. Both. The ACLU is in favor of getting rid of the marijuana user gun ban, because it is, of course, beneficial to in their view, I’m sure, legalization of marijuana, which is something that they would be in support. The NRA is in favor of it going away, because it is consistent with The NRA’s position of supporting Second Amendment rights. So, this has created the classic strange bedfellows situation. (https://www.marijuanamoment.net/aclu-attorney-confident-supreme-court-will-strike-down-gun-ban-for-marijuana-users-after-oral-arguments-next-week/ ) Page – 2 – of 11 Evan Nappen 03:28 But ultimately, what we see coming from it should be a victory for gun rights. And I believe and hope it will be even further reaching than simply addressing the marijuana question. It’s going to be, I believe, very helpful in fighting other disqualifications. Remember, New Jersey is one of the states that tries to always have an expansive list of what disqualifies a person from being able to exercise their Second Amendment rights. They love to create disenfranchisements of our rights because they are rights oppressors, and this tactic, hopefully, will be taking a hit here. So, we’ll keep you informed about the progress and what occurs under the Hemani decision. Teddy Nappen 04:30 I will say, just from the ACLU, just to be clear, they are heavily backed by the Democrat for their super PACs. I’m just saying. Like that is the, and I can’t wait to see all the individuals of the ACLU all out in mass as they’re about to help win a pro-gun victory as well. Yeah. Evan Nappen 04:55 I guess they’re looking at it more as a pro-marijuana victory and ending prejudice toward marijuana users. But whatever their motivation may be, we are going to be consistent in our support for Second Amendment rights. Getting rid of disqualifiers is getting rid of disqualifiers that are disenfranchisements to our Second Amendment rights. So, hey, at least they’re on the right side on this one, and maybe we can get them to continue to see the light on other disqualifiers. Such as restoration of rights for felons and such, right? I mean, this is something you would think they would be in favor of, as well, for restoration of rights. You paid your dues. You served your time. And if you’re not a violent felon, why are you disenfranchised of your rights? I mean, even violent felons, when you get right down to it. I mean, there’s, I missed that in the Second Amendment, where it says we have a right to keep and bear arms, unless you’re a felon, you know, or any of these exemptions. They aren’t there. So, to what degree we tolerate them, to what degree we may think they’re even valuable, I don’t know, but we need to. I’d rather be seeing us pull back on every type of ban and maximize freedom and maximize our Second Amendment rights. Evan Nappen 06:31 Also, in regards to maximizing our rights, there is a really interesting I just love this. I love this. There is an attempt, now, a very shrewd attempt on the pro-rights side to create the ability to get around, yes, a loophole, folks. Because you know what loopholes are. Loopholes are freedom finding a way. And this. Teddy Nappen 07:08 I thought it was a hole in a Castle. Evan Nappen 07:10 Yeah. Right, exactly. Loopholes were the hole in the castle that you would fire your arrows from, because you would still be protected. You could still fire through those, those square, rectangular hole. They’re the loopholes. So, that’s why they’re called that. But, anyway. The key loophole here is in the Hughes Amendment. What there’s an attempt to do, particularly in West Virginia, who has taken the lead here with a bill in West Virginia, which is SB 1071. This is right from AmmoLand, by the way. Page – 3 – of 11 (https://www.ammoland.com/2026/02/contact-chairman-willis-now-sb1071-could-restore-machine-gun-rights-in-west-virginia-if-it-gets-a-hearing/) It could restore access to modern machine guns. That’s right. Evan Nappen 08:00 What they’re doing, what they’re attempting to do is a bill that will create a state run Office of Public Defense within the West Virginia State Police. To procure and sell modern, select-fire machine guns directly to qualified, law-abiding citizens. That’s right. You know how some states have State liquor stores. This will become the state machine gun store. That’s right. It can operate via the Hughes Amendment. Now, the Hughes Amendment was the law back in ’86 that prohibited the, I mean, actually the Hughes Amendment prohibited the new, the sale of new manufacture of machine guns. Okay? So, that created this situation we have now where it’s legal for a citizen to obey the NFA and acquire a machine gun and pay the $200 tax. But the problem is no new machine guns could be put into registration, you see. And that created this essentially, artificially, ridiculously high, crazy prices to own full auto. So, this bill takes the Hughes Amendment and essentially flips the script on the Hughes Amendment by stating that, and this is under Title 18 922(o), that the Hughes Amendment. Here’s, the key loophole language. “. . . does not apply with respect to a transfer to or by, or possession by or under the authority of, a State or any department or political subdivision thereof.” Evan Nappen 10:20 So, in other words, the bill will create a State agency that purchases machine guns and transfers them by quote, right in the law, “by or under the authority of”, the State of West Virginia. The transfers are therefore fully compliant with federal law and critically exempt from the National Firearms Act $200 transfer tax because they’re government facilitated. It’s brilliant. It’s brilliant. It’ll make it so that qualified persons, any adult, who can legally possess firearms under federal and state law, they’d undergo a background check at state police, state police troop headquarters. The office would, where possible, prioritize West Virginia manufacturers, operate distribution points using existing facilities, and issue official state certificates of transfer. Subsequent transfers between qualified citizens would require a simple $275 re-transfer fee through the office, which is waived for heirs. A $250 surcharge per gun plus a modest administrative fee capped at 50 bucks, would flow to the new Public Defense Fund to cover costs, generating revenue for the state without raising taxes. Evan Nappen 11:48 And it was GOA (Gun Owners of America) that drafted this bill. This is really cool. And now I think Kansas is putting a bill forward, and I’m sure we’ll see other pro-gun states moving to create this. This way we can gut the Hughes Amendment and open up the market for new full auto. And by doing that, they’ll become even more commonly owned and become an even greater argument for the Second Amendment and their protection. Eventually, with enough exploitation of loopholes, laws themselves that created the original ban become useless and in fact, go away. We’ve seen this happen. We’ve seen this happen. For example, when it came to NFA Trusts, to purchase NFA, you had to get, at one point, what was called a chief law enforcement officer to sign off. And if your chief didn’t sign off on that, you could not appeal it. You were just dead in the water and could not acquire NFA. Then along comes the idea of setting up a trust where trusts do not require a chief law enforcement to sign off. So, everyone started doing NFA Trusts to acquire NFA, because it avoided the Chiefs sign off. And Page – 4 – of 11 because of that, there were about 10,000 trusts at ATF on NFA. So many just got around it that they finally just repealed the rule and said, guess what? You don’t need to have your chief law enforcement approve it. They just have to get notice of it. But they got rid of the sign off. Why? The loophole defeated it. Evan Nappen 13:50 We see that even going on with switchblades. We’ve seen how there’s been a huge expansion in knife rights based on the ability to work the loopholes for interstate sale and for state sales to be independent. And how the federal prohibition was simply affecting very specific transactions under federal law. To the point where the federal government, in trying to uphold the federal switchblade law, said, as one of their justifications, well, the law isn’t even enforced anymore. That’s right. Why? Loopholes! Loopholes. Freedom finding a way. And so this is exciting to see this taking place on machine guns. Finally going at the NFA. Not shying away from taking on the big stuff. Not letting them get away with claiming that any firearm is somehow intrinsically evil, wrong or bad. We’re finally fighting back with offense. Offense for once. Not just totally on the defense. Evan Nappen 15:07 Speaking of which, you may encounter a new group called “Bridging the Divide”. (https://bridgethedividenow.org/wp-content/uploads/2026/02/Brief-Policy-Outline.pdf) Bridging the Divide on Firearm Policy. Oh yeah, they’re claiming that there’s some bipartisan, that they have taken pro-gun folks and anti-gun and uniting them on principles that everybody believes in. They’re claiming to do this. And here’s their wonderful policies. Lo and behold, when you look closely at this so-called, you know, “Bridging the Divide”, which is, you know, bridging the gap, which is more of laying a trap, my friends. Laying a trap. What you see are their policies that they’re claiming is, you know, they have this bipartisan, so to speak. This is pro-gun and anti-gun right oppressors. Gun rights oppressors and gun rights people. Evan Nappen 16:08 And of course, here’s their policies. They have eight of them, eight of them. This so-called “Bridging the Divide.” One, Prohibiting Factors for Firearm Purchase and Possession. This is right from their “Firearm Policy Outline.” They want to prohibit gun possession by those convicted of violent crime at the misdemeanor level while removing state restrictions on those non-violent felonies. So, they want to expand prohibitions to misdemeanors. Claiming, of course, non-violent felonies, right? Yeah. And then remove prohibition of gun purchases by persons who use marijuana. Well, yeah, guess what? The Court’s already going to kill that. So, they’re throwing this in. They want to, essentially, what they’re looking to do is expand prohibitions to misdemeanors. Who’s kidding who? Come on. Give me a break. Evan Nappen 17:04 Two, Background Checks. Create state level background checks for private sales. Oh, so, in other words, Universal Background Checks, and they want to impose it state by state. More of that. So, end private sales. But they want to have “logical exemptions”? Well, it’s the same, so-called logical exemptions. Let’s just instead of logical, we’ll call it “narrow”, narrow exemptions. No. Private sales should remain private sales. It is more of an intrusion, more of oppression, on our gun rights. How about three? What’s the third thing? Extreme Risk Protection. Oh, seriously? Red flag. We have seen, Page – 5 – of 11 experienced, and are currently experiencing the unbelievable denial of due process that takes place from that garbage. Evan Nappen 17:55 Four, Dealer Registration and Gun Trafficking. They want to focus on the small number of dealers from whom the majority of traced crime guns originate. Oh, really? Well, guess what? What creates those statistics? Anytime they’re run – when guns are seized. And if you’re seizing guns the way New Jersey does, at the drop of a hat and those guns are run, that raises dealer numbers as quoting “crime guns”, even though they’re not crime guns. It is absolutely a flawed basis, and they want to focus on that. Five, Child Firearm Access Prevention. Oh, lock up your safety. That’s what that’s called. Lock up your safety to protect the children. Here we go again. Six, Firearm Suicide Prevention. Ah. In states where murder rates are low, well, let’s go at suicide. Anything we can do to go at the guns, right? And what happens with suicide prevention? Oh, well, that’s the wellness check. You know what’s going on in New Jersey with wellness checks? Anybody calls on anybody, and the police come. They take you away. They take your guns. They hold you for about three days to see if you’re okay. And even though you’re fine, now we got to fight to get your rights back. Fight to get your guns back. There’s a million ways to kill yourself, folks. Focusing on the gun isn’t the answer. Focus on actual causes. But no, it’s just an excuse. Teddy Nappen 19:34 I think the biggest issue with this whole concept of “Bridging the Divide” is take a step back and let us, let us be on equal terms. Here’s the problem, they cannot define what an assault firearm is. They are. Evan Nappen 19:50 Wait, wait, Teddy. I haven’t even gotten to that yet. I haven’t gotten to that. Teddy Nappen 19:54 All right. Evan Nappen 19:54 Number seven, Firearm Injury Prevention Education. They want to tie public health to firearm injuries. Why? Because that goes to healthcare so they can regulate it. Get it regulated back through the health, federal health agencies. Get it back to the CDC. Get them back on it. Cranking out anti-gun nonsense. That’s the game. Eight, Community Violence Intervention. Oh, that gets funding to who? Anti-gun groups. That’s what it’s about. Evan Nappen 20:33 So, we’re looking at these policies and then who’s on it? Well, their board is chock full, chock full of all former and bunch of all anti-gun rights folks. Then they sprinkle in a few that are supposedly pro-gun. So, who’s one of them? Rob Pincus. Rob Pincus is on there, proudly on there. They have listed him as a gun rights advocate. Except here’s a little article from Lee Williams back in March 29, 2021, from thegunwriter.com. (https://thegunwriter.substack.com/p/huh-rob-pincus-supports-expanded?utm_source=publication-search) It says, “Huh? Rob Pincus calls for expanded background checks, gun control and then says he didn’t.” Oh, really? Interesting. You can read that article and see. Page – 6 – of 11 The people they’re getting on board. There’s no major player there that is truly an advocate of our gun rights that I could find, and plenty that aren’t. Evan Nappen 21:30 Nowhere in their policy does it say repeal assault firearm bans, repeal large capacity magazine bans, repeal sensitive place prohibitions, or enact national reciprocity. All the things that we’re fighting for, for our rights. No. All it is is more, more, more. Just a subterfuge of more bans, more back doors to taking away rights. I didn’t see a damn thing here that expands our rights. Nothing. It’s just take, take, take. And package it as some kind of compromise. Their compromise is always us giving up our rights. Forget it, folks. Just forget it. Evan Nappen 22:18 And finally, let me point out, right from The Trace, right from The Trace. Sent out in an email blast, and I just want to read you this from The Trace. (https://mailchi.mp/thetrace/inside-the-loosely-regulated-world-of-gun-manufacturing-4869976?e=a13774efb8) This is fascinating. “Since the Trump administration snatched. . . ” This is The Trace. Snatched. They think of the Mel Brooks. You know, sees snatched, right? But anyway. “Since the Trump administration snatched funding from gun violence prevention . . .” Oh, in other words, let’s decode that. Since Trump took away all the money going to gun rights oppression groups, “. . . the field’s practitioners have had to confront an uncertain future.” Oh, they’re no longer getting the money from the Government. Huh. “Without federal dollars, state and local governments will have to decide whether to pick up the tab. It’s far from a sure thing. Gun violence intervention programs have long had to fight to prove the value of their work. The problem, however, is that it’s difficult to measure. Studying gun violence is expensive, and the nature of violence makes it a uniquely challenging subject to pull apart.” In other words, to propagandize into an anti-gun policy, to take away our rights. “And while gun violence research has seen a resurgence in recent years, the Trump administration cut funding for that field, too.” Yeah, isn’t that cute? I love it. “. . . meaning the available evidence for these programs could grow slimmer.” Evan Nappen 23:46 So folks, The Trace is bitching and moaning about losing their money, and who took it from them? President Trump. And it’s about time. There’s no reason our tax dollars need to go to oppression of our gun rights, and it’s the Trump administration that ended this funding. Keep that in mind. Teddy Nappen 24:10 Just to kind of going back to the whole issue. Whenever the Left try to present themselves like no, no, we need to find these common sense issues. Okay. Let’s define our terms, because the Left does not see the Second Amendment as a right. We know this because the Left wing nut case of a judge, Jackson went and broke down her entire descent of Bruen, describing how it is not a right. It’s a privilege. Arguing that when we deal with gun cases, you have to consider the victims of gun violence rather than looking to the law and the Constitution. That is where they’re coming from. They’re coming from the stupidity and suicidal empathy when they say they’re bridging the gap. That is their argument. Page – 7 – of 11 Evan Nappen 25:01 Just don’t fall for it. Don’t fall for it. But here’s something that you would, that you would like to do, something that you should do, something that you would enjoy doing. And that is going to WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. It’s the range where Teddy and I shoot and where we get our training. You will love WeShoot. And WeShoot is offering some great deals on guns. As a matter of fact, they have a Troy A4 Defender. It’s compact, balanced, and NJ compliant. This platform delivers serious capability in a maneuverable package. It shoulders naturally, runs smoothly, and feels purpose built. They also have a Sig Sauer P365 AXG Fuse. This is where innovation meets metal. The AXG alloy grip module gives you the premium weight and control, while the longer slide and enhance sight radius makes fast, accurate shooting effortless. Try out that SIG P365 at WeShoot. Evan Nappen 26:16 They’re also offering a Smith & Wesson CSX. Now, this is a micro-compact with an aluminum frame and a very crisp single-action trigger feel. It’s slim. It’s refined, and it’s built for discrete carry without sacrificing shoot ability. It has that classic metal construction in a defensive, ready size. Also, you can see Julianna and the MAC 5. This is a retro-inspired style with modern execution. The MAC 5 delivers iconic roller-delayed energy, and Juliana brings the confidence to match. So, check that out as well. Go to weshootusa.com, weshootusa.com. Check out the guns, check out Julianna, and check out the great things that are offered there. Fantastic training, top training. You can get your CCARE certificate so you can get your carry and have a great time in their pro shop. The service you’ll receive is second to none. Go to weshootusa.com. Evan Nappen 27:37 Also, please, please make sure you are a member of the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights group in New Jersey. They are the umbrella organization of gun clubs in New Jersey. They are fighting for our rights. My good friend and colleague, Dan Schmutter, is there in federal court. He’s doing a great job. We’re waiting for some more results to report. Exciting times. We’re going to have some, I feel, excellent results over “sensitive places”, the magazine ban and the assault firearm ban, as we keep fighting and slogging through it. Getting our rights back. Plus the Association is on guard at the courts, at the legislature and the courthouse, both. We have a full-time paid lobbyist and, man, New Jersey is always a challenge. So, make sure you’re a member. Go to anjrpc.org and join today. You’ll get news sent right to your email. You’ll get a beautiful newsletter, and you’ll know that you’re part of the solution. You want to be part of the solution. The solution to the problem. The problem is gun rights oppressors, and the Association fights them in the belly of the beast, New Jersey, right there. ANJRPC.org. Evan Nappen 29:04 And don’t forget to get a copy of my book, New Jersey Gun Law. It’s the bible of New Jersey gun law. It is the book you need to navigate through the insanity that is New Jersey gun law. I try to make it as easy as possible. Question and answer format with 120 topics. It’s a book everybody uses, and you need one. Just go to EvanNappen.com and order yours. And when you get it, don’t lend it out, because you’ll never get it back. I hear that complaint all the time. So, make sure you keep your hands on it, or you’ll lose it. Go to EvanNappen.com and get a copy of New Jersey Gun Law today. Now, we have Press Checks with Teddy. Teddy, what do you have for us today in Press Checks? Page – 8 – of 11 Teddy Nappen 29:50 Well, as you know, Press Checks are always free, and I just want to preface this on this one. Where you see in the news media, they’ve been pushing the whole Epstein thing. All right? They’ve been trying to push that. And of course, the Left ended up destroying themselves, as they’ve lost multiple power players who have been implicated in the whole, in the whole surroundings that it comes with the Epstein files being released. And one of the individuals who, by the way, this individual had close ties to Jeffrey Epstein since, like, the early days, Michael Bloomberg. You know, maybe it was because he had a, you know, big gulp in his hand, and that’s why, you know, he’s like, Oh, how dare you. But, yeah. Teddy Nappen 30:41 So, we go to AmmoLand, where this was a wonderful article written up by Alan Gottlieb. (https://www.ammoland.com/2026/02/ccrkba-demands-bloomberg-come-clean-about-epstein-relationship/) Regarding the fact that now we are demanding that all the anti-gun groups, including Everytown, including all of his multi anti gun right the gun rights oppressors groups cut ties with Michael Bloomberg. You know, the money. And there was, I actually went. And funny enough, anyone can do this. You can go on to the Epstein files on the government website, and they have the entire files library. You can type in word searches. So, you type in “Michael Bloomberg”. I went and read through the different documents on it. Now, to preface this, there was no showing of wrongdoing in what was discovered by the fact he was. However, he was invited with Michael Bloomberg, George Stephanopoulos, Eric Schmidt, all these individuals, to a cocktail party with Jeffrey Epstein to watch The Imitation Game. You know, that movie about Alan Turing where he broke the German Enigma. Okay. Bear in mind, this is 2015. Jeffrey Epstein had already been convicted of the first initial charges back in 2000. Evan Nappen 32:05 He was a felon, you know. So, hey, they love to make a point that they shouldn’t have guns. Epstein kept trying and trying and trying to get his rights back so he could get guns. Yet, here he is with the king of anti-gun funding, Bloomturd. Teddy Nappen 32:25 Yeah. Evan Nappen 32:26 What’s that all about? Teddy Nappen 32:27 There was also a letter. Now, again, there was no direct correspondence with Michael Bloomberg. However, there was a letter from Maxwell, Jillian’s mother, basically inviting him to attend a premiere, apparently, this was a movie, Power of Good. I’ve never heard of this one. But this very clearly shows that there was direct information going back and forth. There was also, it seemed to be, there was a massive invitation, and Jeffrey Epstein was trying to create this almost investor group. I want to tell you. Like he wanted to make this online new media. He was naming these board of directors, one of which was Michael Bloomberg, the Rothschild, Lee Rothschild, Alan Goodman. So, various individuals. He Page – 9 – of 11 seemed to be almost like a financial advisor or a bank roller for Jeffrey Epstein. Again, there’s no showing of wrongdoing, but it’s just, clearly, he had a relationship with him. Even highlighted to the articles where, in 2011 the Palm Beach Daily News, Epstein’s address book included Michael Bloomberg. In 2013, there were multiple pictures taken with Bloomberg and Maxwell together having book parties at the Four Seasons restaurant in New York City, where I guess they were reading gender queer, but also the level. Evan Nappen 33:51 Well, the way they brought in the Clintons to the committee, they need to bring Bloomberg in. I mean, you know, this is. The Left kept pushing and pushing and pushing about the Epstein files. Hoping against hope, that they could somehow get President Trump on this, when, in reality, what we’re seeing is it blowing up in the Left’s face, aren’t we? Teddy Nappen 34:12 Yeah. Also, here’s a really big one. Epstein was invited to a Bloomberg hosted fundraiser for Plaskett. Congresswoman Plaskett. You know, the woman who took direct funding from Jeffrey Epstein, actually got donation money. So, not only was he hosting the dinner, cordially inviting Epstein to come on down. Even writing a letter. Please join our host. Michael Bloomberg. Dear Jeffrey Epstein, please join our host, Michael Bloomberg, to the dinner. So, very clearly he was running in these circles. There’s a very clear tie relationship. Again, no showing of wrongdoing. There wasn’t a direct correspondence with him in the emails. And if you actually go through a lot of the emails, he would email news articles. That’s why you know Bloomberg News. And he would email them to others. So, that did also come up. It just shows the very clear ties. This is the one that really sticks out to me. Documents release revealed he was interested in gun politics and Bloomberg’s work. They don’t show direct donations to EveryTown. However, in 2013 there’s an email soliciting Epstein for a donation to American for Responsible Solutions, which is run by Gabby, Gabby Giffords, who later became Giffords. Evan Nappen 35:34 That’s right. But all they care about with Epstein is Trump. And how does that all relate? Is Trump in the Epstein files, Teddy? Teddy Nappen 35:46 Oh, very much. Yes, yes, Trump is in the Epstein files. Okay, I’ve got to tell this to everyone here. The black pillars, all those out there, we do not have all the information. We know that for a fact. Okay? Has it been mishandled? Absolutely. Pam Bondi should resign. Fall on her sword. Because she has damaged the administration on Trump for the mishandling with the stupid binder gate, all the stupidity of, oh, I have the client list on my desk. That was a lie. And the whole situation there. However, if you actually look at the timeline, you can go see the articles. See the full breakdown of it for Donald Trump. Teddy Nappen 36:24 Here’s the timeline, 2004 to 2005, there was reported abuse by a 14-year-old girl by Epstein. Then Trump immediately ended the relation with Jeffrey Epstein. Banned him from Mar a Lago. In 2008, Epstein was convicted with the help of Donald Trump, who cooperated with the victims of Jeffrey Epstein’s lawyer, who fully deposed himself to the lawyers. As opposed to all the other people that are Page – 10 – of 11 implicated, who just stayed away. He actually went in to help the victims. Imagine that. And going in next 2000, after Maxwell is convicted as well, where she trafficked to Epstein. Also in 2019, he’s later arrested again. Guess who’s President in 2019? Donald Trump. He was arrested for sex who invested arrested Epstein for sex trafficking, and then he’s later dead in 2019. So, not only does it exonerate, where, after he was convicted, Trump broke off all relationships with Epstein. He helped get Jeffrey Epstein. That is all that they have on Donald Trump when it comes to Jeffrey Epstein. Teddy Nappen 37:32 All the fake news, all the fake and you know why he said hoax? He wasn’t saying the Jeffrey Epstein whole pedo ring was a hoax? No, he is saying hoax, as in talking about the Dems whole plot to directly connect Trump to the pedophile ring. That is their plot. That was the hoax. Was it misspoken? Yes, Trump fires from the hip. Sue him. That’s how it goes. But actually looking at the facts of what came down, this is what he should have said. Under four years of Biden, not one committee was formed to go at the Epstein files, to go after the Epstein files. The Dems didn’t even want to touch it, which, by the way, all the people that were running in Epstein circles, Schumer, all the, all the heavy donators, Bill Gates, all these individuals are running in Michael Bloomberg, running heavily donations, including Jeffrey Epstein, who heavily donated to the Democrats. So, it’s the level of insanity that goes into it. Teddy Nappen 38:37 By the way, for everyone to remember. Did you know? Did you also know the fact that all of a sudden, the victims who never spoke out during the four years under Biden are now taking Super Bowl ads saying, release more files. Okay, what happened to we have our list. We’re making our list. Just say it. Are you worried about defamation? Musk said he’ll pay for defamation. And good luck as trying to go after women of victims of sexual abuse. I’m sure a go fund me will be immediately formed and covered. So, what are you waiting on? Oh, that’s right, these are just political cudgels for you to abuse. Okay? That is a fact, and that’s what I’m saying to the victims who, all of a sudden, will not name names. So, that it’s one of the big things, like, very clearly, it’s being used as a political tool. They don’t actually want to release the names. Evan Nappen 39:28 Well, I think it’s interesting that it’s come around to Mr. Bloomberg, and that has major effect in terms of funding of further gun rights oppression. He needs to explain the way they’re looking at it. Forced it to be opened up. Hey, guess what? You’re there. You need to explain it now. At least do that. Teddy Nappen 39:52 Also this. Evan Nappen 39:53 There you go. Teddy Nappen 39:54 Proof in concept. Peter Mandelson, who was directly connected to Jeffrey Epstein. He was Keir Starmer’s Cabinet Minister, who just recently resigned. He resigned in shame. So, the proof is in the Page – 11 – of 11 proof is, in fact, that this has the effect. If we could break up Bloomberg from EveryTown. I mean, there is their money. They have nothing aside from. Evan Nappen 40:17 Well, they’re not getting funding anymore from the Government. Yeah, from USAID killed all that. Yeah, so that’s good. Well, let me tell you, Teddy, about this week’s GOFU. That is a Gun Owner Fuck Up, where you learn about expensive mistakes that others have made so that you don’t make them. Now this week’s GOFU that I want to talk about, might even be considered a future GOFU. But it applies still today. If West Virginia, Kansas, or any of these places end up creating State machine gun stores, if you will, which I believe they will, and this ends up taking off, make sure that you do NOT, as a non-resident of those states, acquire a machine gun from those states and then, no less, bring it to New Jersey. In other words, the GOFU, in the big picture, is you have to be cognizant of your jurisdiction and what you’re doing in your jurisdiction, and when you’re in another jurisdiction, what you can and can’t do. Evan Nappen 41:34 We see the jurisdictional problem arise all the time. Whether it’s in carrying a gun where you’re allowed to carry in one state and not in another, whether it’s purchase or possession of a firearm in any given state versus another, people bringing guns or accessories or other things that were legal in one place and illegal in another. The burden is on you to know this. I am constantly seeing cases where people make that very critical error. So, the GOFU, in a general term, my friends, is make sure you know your jurisdictions laws and do not inadvertently violate them because you are in another jurisdiction, and you are coming into this other jurisdiction, this is where the trouble can begin. It can be quite serious. So, be very cognizant of this when dealing with guns. Evan Nappen 42:40 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 42:51 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 E279_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";