Lifestyle – Gun Lawyer Podcast podcast artwork

PODCAST · news

Lifestyle – Gun Lawyer Podcast

Join America’s Gun Lawyer, Renown 2nd Amendment Attorney and Best Selling Author, Evan Nappen, as he pulls back the curtain and takes you behind the scenes for a rare, private inside look at the American Justice and Political System and the trials, tribulations, perils, and pitfalls of the changing Gun and Knife Rights in America today. Evan’s passion, quick wit, candid opinions, and engaging personality have made this one of the most popular Gun and Knife Rights Legal podcasts in America.

  1. 10

    Episode 157-NJ Carry… What You Must Know Now

    Episode 157-NJ Carry… What You Must Know Now Also Available OnPodcast TranscriptGun Lawyer Episode 157 SUMMARY KEYWORDS handgun, firearm, places, carry, gun, new jersey, sensitive, state, holster, carry permit, facility, exemptions, disclose, court, beware, prohibited, gun laws, call, including, guns SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer, the number one rated gun rights podcast in the world. And that’s not me saying it, that’s Feedspot who rates these kinds of things. So very proud of that. But let me go on so you understand why we’re the number one rated podcast. First of all, I’m adding a feature to the show. At the end of every show, I’m going to tell you the gun owner fuckup of the week. And that’s because in the profession that I’m in, I see these mistakes that are made and just shake my head. I’m going to let you, my beloved listeners, know this, so that you don’t have to repeat this mistake. So that you don’t make the same dumb-ass mistake that this person or persons made, and you can learn from it. I think it will be very useful and helpful so that less folks fall into the traps. This whole area is fraught with peril, and you can navigate through it better. Evan Nappen 01:28 Now, one of the things that has come up a lot, particularly in my practice, is somebody gets their carry, which is great. We can finally get carry in New Jersey. But, of course, the question is, then, well, what do I need to know? Where can I not carry? Are there things I need to be aware of when I carry? What I want to do here in this show is put into one concise show, what you need to know, the basics, the fundamentals. The key things you must know when you get your carry license in Jersey. It is current up to the moment now. What I’m going to talk about may change. It may change because of victories in court, where some of these things may be or more even most of these things may be found unconstitutional. But right now, this moment, today, what I’m going to tell you is current. What you need to do and what you need to know so you don’t get into trouble with your new carry permit. Evan Nappen 02:32 So, let’s jump into that right away. Let’s start with you got your carry permit. You passed the qualifications, you have jumped through the hoops, and there you go. You have this thing that a number of years ago, no one would even think was possible to get in New Jersey. Now, you want to utilize it in a way so that you don’t get into trouble, and it becomes a nightmare for you instead of a glorious ability to finally defend yourself and not be a victim but rather a defender. So, what do we need to know first? Well first, the holster. New Jersey requires that you have a specific type of holster, and the holster must be either a device or sheath. It has to securely retain the handgun. Okay, so it has to hold it securely. At a minimum, it must conceal and protect the main body of the firearm. It must maintain the firearm in a consistent and accessible position and render the trigger covered and Page – 2 – of 10 inaccessible while the handgun is fully seated in holster. So, that is the holster you need. It does not need to have thumb breaks or straps, or anything like that, but it does have to conceal the main body of the firearm. So, a slide-type holster isn’t going to fly. It has to completely cover the trigger so that’s not exposed. You start with having the proper holster. Evan Nappen 04:38 Now that your handgun is in a proper holster, of course, you have to carry concealed in New Jersey. Open carry is not permitted unless your security, Sora (Security Officer Registration Act), and you have written permission for that. Other than that, there is no open carry. So, your handgun is concealed and now, there is imposed upon a New Jersey Permit to Carry holder what is called a “Duty to Disclose.” Please make sure you recognize that there is a Duty to Disclose. Do not make this mistake. Do not fall into this trap. What is “Duty to Disclose”? It means that if you’re a holder of a Permit to Carry a handgun and you are stopped or detained by a law enforcement officer, so stopped or detained by a law enforcement officer while carrying your handgun in public, that can mean even walking in the street or traveling with your handgun in a motor vehicle, you are required to immediately, and the word is immediately disclose to the law enforcement officer that you’re carrying the handgun or disclose to the officer that the handgun is stored in the vehicle. Evan Nappen 06:00 So, if you’re just transporting it cased and unloaded to the range but you’re a carry permit holder, you must disclose that you have the firearm in the vehicle. That handgun must be disclosed whether you’re carrying it concealed on your person in the holster loaded, etc., or whether you’re carrying it cased and unloaded as you would normally go to the range even without a carry permit. Because if you have a carry permit, you must disclose to the officer, and you must display the Permit to Carry a handgun. Both those things. If you fail to disclose, it’s a felony level offense, a Fourth Degree crime, 18 months in State Prison for your failure to disclose. If you fail to display the carry permit, in other words, you don’t have it on your person and you’re carrying that handgun, you’re looking at up to six months in the county jail. So, make sure you disclose and carry with you your carry permit and display it. Evan Nappen 07:07 Now, if you are in fact detained by a law enforcement officer as part of a criminal investigation, you’re also required to provide your handgun to the law enforcement officer upon request. If he asks to see your handgun or she asks to see your handgun, you have to turn it over to them for purposes of inspecting that handgun. If you fail to turn the handgun over to the law enforcement officer, that, too, is a Fourth Degree crime, felony level, 18 months in State Prison. So, make sure you fully understand this. You have a Duty to Disclose. You have a Duty to Display your carry permit, and you have a duty to turn over your handgun to the officer in a criminal investigation if the officer requests it. Evan Nappen 07:54 There are certain things that New Jersey just bans outright when someone is carrying a handgun. If you are carrying your handgun, it is fourth degree crime, year and a half in State Prison to use or consume alcohol, cannabis or controlled dangerous substance, CDS, while carrying a handgun. So, if you are carrying a handgun, you can’t consume or use alcohol or drugs. If you’re carrying a handgun, you cannot be under the influence of alcohol or drugs while carrying. So, you can’t use it, consume it, or be Page – 3 – of 10 under the influence. You also cannot carry the handgun outside of a holster or carry the handgun in public in a holster that doesn’t meet the requirements. So, if you fail to meet those holster requirements that we discussed at the beginning of the show, you’re looking at a year and a half in State Prison. Make sure you have the right holster. You cannot carry more than two firearms at one time. Two is the maximum number of handguns. It shall be only two. This is starting to sound like the Monty Python routine, you know, with the Holy Hand Grenade. Two. It shall be two, not more than three. But it’s two. Two handguns. With that said, you can’t do a John Bianchi with 40 handguns hidden all over your body. No more than two. Evan Nappen 09:24 Lastly, you can’t engage in an unjustified display of a handgun. Now, what does that even mean? It’s very vague. But essentially, it goes back to what I’ve talked about. Don’t use your gun as a “magic wand”. It’s not a magic wand that you wave around, that you use to intimidate, that you use to impress, that you use to make a point when you’re talking. No, no, no. Leave it in the proper holster. It is only removed when you are justified in doing so. Feel free to do that. All those things that we just discussed there are felony level offenses, Fourth Degree, a year and a half in State Prison. Evan Nappen 10:06 Now that you know that, you must also know what we call in the trade the “sensitive places”. In the hissy fit that the State of New Jersey had after the Bruen decision, where they realized they have to issue carry permits now, they decided to try to create an entire barrage of places that were off limits for the permit holder. Many of these, most of these, are being battled in court, as we speak. Battled as unconstitutional restrictions on our right to keep and bear arms. But you need to be aware of these sensitive places. You cannot carry your handgun in these sensitive places. If you do, you are looking at a felony level offense, yet again. So, what are the places? Let’s review them, and let’s talk about them. So, this way, you don’t inadvertently end up in a sensitive place, unlawfully in possession of your handgun, and facing State Prison time. Evan Nappen 11:12 The following places are the places that are prohibited. These places include in or upon any part of the buildings, grounds or parking areas, other than a brief incidental entry into the property or lawfully carrying a firearm under N.J.S. 2C:39-6. The exemptions here are if you are just temporarily, just briefly, in the parking area. Then we’re going to talk about how you need to secure your firearm if you end up in that. Or if you’re still within an exemption under 39-6, then the sensitive places don’t apply. It’s very important to understand that exemption. Because 39-6 were the classic exemptions that we relied upon before Bruen, before the Carry Killer law, before the 25 sensitive places, before any of this. It was the exemptions by which we possessed firearms, and those exemptions still apply. Most importantly are the exemptions for possession in one’s home or possession in one’s place of business if it was actually your place of business, meaning one that you own. Or if you’re transporting between residences while moving, or if you’re going to a place of repair for the firearm, or if you’re transporting to the target range or going hunting. These are the classic 39-6 exemptions. They still apply, and they can override even sensitive places, if you’re solidly within those exemptions. Page – 4 – of 10 Evan Nappen 12:49 Now let’s take a look at sensitive places themselves. So, first of all, any place that is owned, leased, or under the control of State, county or municipal government used for the purpose of government administration, including but not limited to police stations. So, basically, don’t take your gun to the police station, ever. It’s prohibited. Don’t bring your gun to the police station. Don’t bring your gun to any government, administrative type, building, etc. Those places are prohibited sensitive places. You cannot bring your handgun, even with a carry permit. You cannot bring it to a courthouse, courtroom, or any other premises used to conduct judicial or court administrative proceedings or functions. So, anything to do with the courts, stay away. Do not bring a firearm there. A State, county, or municipal correctional or juvenile justice facility, jail, or government entity for the detention of criminal suspects or offenders. I don’t think that’s a tough one to understand. Don’t bring your gun to jail. Don’t bring your gun to prison. Okay, are we clear on that one? I hope so. Evan Nappen 14:07 A State-contracted half-way house. Now, there are these state-contracted half-way houses. Half-way houses are where people are let out on a sentence or maybe part of a sentence where they’re doing it in this controlled house. They still have to report back and stay there, etc. They’re called half-way houses. How are you going to identify them as a half-way house? I don’t know. It’s not like a half-way house has a big neon sign flashing, hey, we’re a state-contracted half-way house. But don’t bring your gun to a half-way house. You also cannot bring your gun to a location being used as a polling place during which the conduct of an election and places used for the storage or tabulation of ballots. Or a place where they’re where they’re conducting election fraud. I’m just kidding about election fraud. Don’t bring your gun to any place where there is polling or voting. Stay away with guns from there. Evan Nappen 15:11 You also cannot bring a firearm to within 100 feet of a place where a public gathering, demonstration or event is held for which a government permit is required, during the conduct of such gathering, demonstration or event. So, think about this. How the hell are we supposed to know whether this gathering required a permit or not? And by the way, it’s not that they actually had a permit. It’s just that one was required. So, even if the gathering is illegal and required a permit, it doesn’t matter. You still can’t have your firearm there. You cannot be within 100 feet of this gathering that required a permit. So, you better know all the gathering laws in every town, every municipality, as to when a permit is needed and when it’s not. Cause if you’re within 100 feet of one of them, well, you’ve got a problem. Evan Nappen 16:06 You cannot have your firearm at a school, college, university or other educational institution, and on any school bus. You cannot have it at a child care facility, including a day care center. You cannot have at a nursery school, pre-school, zoo, or summer camp. I love that they put zoo right in there. Maybe it belongs right in there. But keep in mind anything having to do with schools, etc. nursery schools, daycares, child facilities, even up to colleges and universities, no guns. They are sensitive places. You cannot have your firearm at a park, beach, recreation facility or area or playground owned or controlled by a State, county or local government unit, or any part of such a place, which is designated as a gun free zone by the governing authority based on considerations of public safety. We also call that a victim disarmament zone or also called a soft target zone. But regardless, you can’t have your gun there and Page – 5 – of 10 that prohibition is one of the sensitive places. So, don’t fall into that trap. Be careful and avoid violating the sensitive places. Now, again, all this is under litigation. We’ve gone back and forth on this. I think ultimately, we’re going to win, but for now, that is the law. So, beware. Evan Nappen 17:42 You cannot have your handgun or firearm at youth sporting events, during and immediately preceding and following the conduct of that event, except that it doesn’t apply to youth sporting events in which there’s a firearm shooting competition. Oh, how nice. At least they’re not banning firearms from firearm shooting competitions. It would be really tough to have a firearm shooting competition without a firearm. But beware of youth sporting events, both before and after, are prohibited places by their nature. A publicly owned or leased library or museum is also a sensitive place and prohibited. Evan Nappen 18:29 Now we’re going to continue with this, and we’re going to make sure you’re fully aware of where you can’t carry. So that even though we’re in this transition phase of actually, finally, being able to get a permit, the battle is now to expand the places that we can actually exercise our Second Amendment rights. The state Association, the Association of New Jersey Rifle & Pistol Clubs, is at the forefront of the battle. They are litigating as we speak in Federal court. My good friend and colleague, Dan Schmutter, and I have helped out whenever I can. This battle is ongoing. We had excellent, excellent results in front of the great Judge (Renee Marie) Bumb in Federal court. It’s now in the Appellate Court, and I suspect we’re going to win and win big. But it takes time, and this fight is on. I can tell you that this group, the state Association, is the number one gun rights group in New Jersey, fighting for your rights. You can see it in both the challenge to these outrageous sensitive place restrictions and the challenge to the assault firearm and large capacity, so-called large capacity magazine ban, and so-called assault firearm ban. Of course, these are simply modern sporting rifles and standard capacity magazines. But nonetheless, the fight is on. Those terms assault firearm and large capacity magazine are actually terms in the law. So, I’m forced to call them by those ridiculous names because that is actually the term used in the law that the propagandists for the anti-gunners were able to get through and put into law. But we’re fighting them and challenging them. We are just doing great through the state Association, your state Association, the NRA affiliate for New Jersey. You need to be a member of this group. If you’re not a member of the Association, please join. Go to anjrpc.org. Be part of the solution. You can get all the updates, and you can see the great progress as we gain liberty and gain freedom like never before. So, make sure you do that. Evan Nappen 21:02 I also want to mention our really great friends at WeShoot. WeShoot is an indoor range in Lakewood. They’re the greatest bunch of folks there. I love WeShoot. I got my certification for my carry permit at WeShoot, and you can get what you need to get licensed. They have great training. They have great facilities, and they have a lot of fun events. It is a family-friendly place. Everybody is welcome. There’s no gun snobbery at WeShoot. Go there, you will be so impressed, and I’m not just saying that. I mean it. I’ve been there. I take my family there. It is a real endorsement from a genuine love of this place. Okay, folks, for real. Check out weshootusa.com. They have a great website. Great bunch of folks. It’s centrally located right there in Lakewood. You just can’t beat it. We need our ranges so bad. We need places to shoot. Without them, how are we ever going to practice or have any place to even use our Page – 6 – of 10 guns? Please check out WeShoot. You’ll see what I mean. Anybody that goes there. I get calls, Evan, I went to WeShoot, and they were the greatest. I liked it. What did I tell you? Really, it’s true. You’ll be so impressed. So, check out WeShoot. Evan Nappen 22:35 Finally, I will now shamelessly plug my book which is New Jersey Gun Law. It’s the Bible of New Jersey gun law. It’s over 500 pages, explains 120 New Jersey gun law topics in a question and answer format so that anyone can understand it. Even you. No, I’m just joking about that. You can understand it though because that’s how I wrote it. I wanted to make it user friendly. I wanted it so that this insane matrix of gun laws can be understood. So that you don’t have to become a victim of New Jersey gun laws and you can navigate this insanity. The other thing about the book is it has the newest greatest feature. Right on the front cover is a QR code that you scan. When you scan that, you for free, 100% free, join my Subscriber Portal base. You will get automatic news, within 24 hours of the latest updates on any gun laws, Attorney General changes, court decisions, you name it. You’re going to know, and this keeps the book current. You have access to all the previous updates. They’re all numbered. So, when you buy this book, it stays current 100% current. And that’s my mission. To keep this book current so that every New Jersey gun owner can have the current gun laws because it’s such a dynamic situation here. And a lot of it becomes positive, believe it or not. It’s not always negative. We win a lot of things and make a lot of changes. You want to know, you need to know, and I’m out there to tell you. It’s this show and those updates and my whole life, my calling and what I do. Please pick up a copy of New Jersey Gun Law – 25th Anniversary Edition and join by scanning that QR code. Sign up on the portal, and you, too, can stay informed. And not only that, but you also have it in writing. You have it in writing from an Attorney whose whole life is dedicated to this subject writing it. So, you know that you can rely on it when you have it in writing. And when someone challenges you, you can say no, no, no, right here, read the book. The guy that knows. Here’s what he said, boom. You can win a lot of bar bets with that, too. Anyway, go to EvanNappen.com and get your copy of New Jersey Gun Law. Evan Nappen 25:14 Hey, welcome back to Gun Lawyer. Let’s continue with our stroll down the sensitive places. Oooo, be careful when you’re strolling in sensitive places, be careful. So, we are going to be careful. Let’s take a look now at the sensitive places of shelters for homeless. There’s this whole litany of shelters that they put in the sensitive places. It’s almost like silliness, but here we go. Shelter for the homeless, emergency shelter for the homeless, basics centers shelter program, shelter for homeless or runaway youth, children’s shelter, child care, shelter, shelter for victims of domestic violence, or any shelter licensed by or under the control of the Juvenile Justice Commission or the Department of Children and Families. I guess we can’t carry in shelters, huh? Yeah. Okay. And how do you know it’s a shelter? I don’t know. Do they have those blinking neon signs? I don’t think so. Bottom line is do not carry in shelters. Guess what else is a sensitive place? A community residence for persons with developmental disabilities, head injuries, or terminal illnesses, or any other residential setting licensed by the Department of Human Services or Department of Health. So, again, look for that neon sign, “Community residence for persons with developmental disability”. Of course, that’s not there. But don’t inadvertently end up in one of those places carrying your gun. Page – 7 – of 10 Evan Nappen 26:48 Here’s an important one. This is really significant because it constantly comes up. You cannot carry in a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises. So, beware. A bar or restaurant where alcohol is served, or any other site where it’s sold for consumption. Of course, people say, well, what if it’s bring your own? What if it’s bring your own? Well, is alcohol being served there? Well, it’s not any other site where it’s sold for consumption on the premises. But that clause, does it mean it has to be sold, even though the first part says where it’s served only? If you have brought your own and you serve it to your spouse, or you serve it to your guests, are you serving alcohol at the premises? I don’t know. But I bet you don’t want to become the test case for it. So, look, folks, don’t carry when there’s booze there. Don’t consume it when you’re carrying. Don’t be under the influence of it when you’re carrying. And don’t be in a place where there’s alcohol, either. You’re going to have to be conservative about this and not try to push the envelope. Look, we knocked that out at one point in the lower court. The higher court temporarily reversed that, but I believe we’ll be able to hopefully win it back again. But for now, no bars and no restaurants where there’s alcohol. Evan Nappen 28:51 Beware. You cannot have your firearm at a Class 5 Cannabis retailer or medical cannabis dispensary, including any consumption areas licensed or permitted by the Cannabis Regulatory Commission. So, anywhere there’s a weed shop in Jersey run by the Government, stay away. Only the Government can break the Federal law, being the largest drug dealer in the state. But you better not have your gun there because then you would be in trouble. So, watch out for any kind of cannabis retailer or dispensary. You cannot have your firearm at a privately or publicly owned and operated entertainment facility within this State, including but not limited to a theater, stadium, museum, arena, a racetrack or other place where performances, concerts, exhibits, games or contests are held. Again, this was one that we had knocked out but then temporarily put back. Now we’re fighting it in the Appellate Court. But, folks, don’t carry your gun there. Evan Nappen 30:19 And just think of how obnoxious this is. When you had mass shooters hitting movie theaters, where they purposely picked theaters where it said, “No Guns Allowed”, so they would have their soft target victims disarmed. New Jersey wants to prohibit us from defending ourselves in these places, creating all these vulnerable places to be hit. Why do they do that? I mean, look, do you think terrorists are going to attack and where they might want to attack? Well, Murphy’s giving them the list. The sensitive places, folks, that’s the places to hit. Because we don’t allow guns there and people are helpless. And that’s who they want to kill, the helpless. Think about it. Evan Nappen 31:08 People say, hey, you have these weapons and such, are you like violent? I say, no. I’m very peaceful. I’m a peaceful person, absolutely peaceful. The only time I would use violence if it’s necessary to defend myself or my loved ones, but I’m a peaceful person. But you see, if you have no guns, you’re not a peaceful person. You’re a helpless person. Helpless. I don’t want to be helpless. But I do want to be peaceful. But these laws make us helpless. We’re fighting so that we don’t have to be helpless anymore. Jersey wants to keep you helpless. But, as we fight for our rights, we want you to be Page – 8 – of 10 peaceful, but not helpless. Beware, though. I also don’t want you to become a law- abiding criminal and be subjected to New Jersey disenfranchising you of your gun rights and incarcerating you for exorbitant and ridiculous, draconian sentences that Jersey likes to do. Evan Nappen 32:18 You cannot have your gun in a casino and related facilities, including but not limited to appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment and recreational venues located within casino property. This would, of course, include the marinas owned by casinos and other places owned by casinos. Beware. No guns at casinos. Even without this law, the casinos themselves have gotten together in Atlantic City and said no guns. I am boycotting Atlantic City casinos. They’re just so anti-gun. They can go to hell, as far as I’m concerned. Not dealing with that. At the moment, the law prohibits that even though we had gotten that one knocked out. Temporarily, it’s been put back in place. But we’ll see. Evan Nappen 33:14 You cannot have your firearm at a plant or operation that produces, converts, distributes or stores energy or converts one form of energy to another. What are they even talking about? Like what? You can’t stand by a solar panel? I don’t know. But can’t have it in those places. You can’t pump gas with your gun? I mean, what? I don’t know. It’s pretty vague and stupid. But beware. I guess we’re talking about a power plant itself. Maybe that makes sense. I don’t know. If they’re nuke plants, sure. You don’t want to do that. But, hey, it’s a prohibited place. Beware. You can’t have it at an airport or public transportation hub, airport or public transportation hub. Evan Nappen 34:06 Now, the next set is a whole bunch of health and medical-related places. Some of them will be something that will be of major concern to all of us because of how frequently we must visit these various places. They include a health care facility, including but not limited to a general hospital, special hospital, psychiatric hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home. What’s that? An unskilled nursing home? I don’t know. Intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary assisted living center, home health care agency, residential treatment facility, residential health care facility, medical office, or ambulatory care facility. Oh, boy, look at that list. Evan Nappen 35:12 Well, some important notes in this list. A medical office. Don’t go to your doctor with your gun. Don’t go there. Ambulatory Care Facility. Don’t go there with your gun. Dispensary. Wait a minute. Isn’t that a drugstore? Beware of the pharmacy portion of the drugstore, if that’s going to be considered a dispensary. And, of course, every conceivable hospital they could think of is on the list. Yet, here’s an interesting example. Once I was presenting this, and a doctor said, look, I can’t have a gun in my own medical office? It makes medical offices a sensitive place. Well, since it was the doctor’s own medical office, he could have his gun there. Because remember what I said at the beginning, the 39-6 exemptions still apply, regardless of whether it’s a sensitive place. One of those exemptions is possession in ones place of business. So, if the doctor owns the office, then the doctor can have his Page – 9 – of 10 gun and carry it in his medical office. Of course, we can’t carry there. It’s not our medical office. But you can see how the importance of the 39-6 exemption can still come into play here. You cannot have your handgun at a facility licensed or regulated by the Department of Human Services, Department of Children and Families, or Department of Health, other than a health care facility, that provides addiction or mental health treatment or support services. Evan Nappen 36:55 Now, there’s this little tricky one that I want to explain, and it’s the private property prohibition. What New Jersey had and where we are at this moment, I want to be very careful so that you understand this. You cannot have your firearm on private property, including but not limited to residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises. You know, the “we love guns” sign they put up there. Evan Nappen 37:37 Now, how does this actually work? First of all, subsection e. of the 39-6 exemptions, your home, possession in your home, that’s exempted from this sensitive place prohibition. But the other thing that happened is the court, in determining the private property prohibition, basically, established this as follows. Only property that is held open to the public. So, if the property is held open to the public, that prohibition is blocked by the court. In other words, if the property is open to the public, you can carry there. You can carry there. Private property that’s not open to the public is prohibited unless you have express permission. So, let’s give an example. Let’s say you want to go to your friend’s house. Well, your friend has to either say you can bring your gun, or your friend has to have a “we love guns” sign outside. So, you know that you have express permission. Evan Nappen 38:53 But what if you want to go to a private store? It’s a convenience store. It’s open to the public, but it’s not owned by the Government. It’s owned by, you know, Wawa, 7-11, whatever. It’s still private property, and it’s owned by an entity. Can you take your gun there? Yes. Why? Because it’s open to the public. So, property that’s private but open to the public, you can carry there. If it’s not open to the public, you need permission, either expressed or by way of a sign. That’s how the public property sensitive place works. Evan Nappen 39:40 You cannot carry your gun in any other place in which the carrying of a firearm is prohibited by statute or rule or regulation promulgated by a federal or State agency. Good thing they threw in that general purpose, weasel clause, to include everything under the sun that was ever promulgated by a State or federal agency. How the hell are we supposed to know that? But there it is. Make sure you know every single rule, reg, and statute ever promulgated by any agency over guns so you can stay in conformance with that last provision. Evan Nappen 40:17 Let me also talk to you about transporting in a vehicle. New Jersey did prohibit transporting your handgun in a vehicle. Even though you had a carry permit, you still couldn’t have it loaded and Page – 10 – of 10 concealed on your person. We call that law the “Carjacker Protection Bill”. That has been blocked by the court, and it is still blocked by the court. You can carry your gun in your vehicle concealed on your person, loaded, and protect yourself in your vehicle and the occupants of your family. Your vehicle is not a prohibited place. You’re allowed to do it. So, that one is still enjoined by the courts. Evan Nappen 41:04 Now you cannot leave your handgun outside of your immediate possession or control within a parked vehicle. It has to be unloaded and contained in a closed and securely fastened case not visible from the outside. The same as if you’re going to end up in a prohibited place. If you’re in the parking area, you are allowed to put the handgun unloaded and contained in a closed and securely fastened case, gun box, unloaded in the trunk or storage area of the vehicle. You can store it in a lockbox out of plain view. Listen, the simple best way to handle all those situations is this. You’ve gone through all this to get your carry license, and you’ve gone through the training of the gun. Get the car gun safe. They’re less than 50 bucks. They have a cable that wraps around the base of the seat. Secure your handgun, unloaded, in the locking car gun safe. It’s now unloaded. Slide the little box under the seat after you’ve secured it locked in its container. That’s what responsible gun owners do. You don’t want your gun stolen. You want to make sure that you’re within the law. Come on, let’s just do the right thing here and secure your handgun in this manner. Not just in a closed and fastened case out of view but use the car gun safe. Really protect your gun, protect your gun rights, be responsible here. That’s my strong suggestion to do that. Evan Nappen 42:59 This is what New Jersey has brought upon us in their hissy fit after the Bruen decision. We’re currently battling it. As I said, it’s an ongoing fight. These are exciting times, and I know we will win. I want to mention to you about what I’m calling the “Gun Owner Fuckup of the Week”. This week, I want to point this out. What I’m going to tell you here is based on real cases, real people that have had these actual problems and not just once. When I start seeing this happen, I’m like scratching my head. So, here’s this week’s tip. When you’re filling out a gun application and it asks for references, make sure you clear it with the references before you put their names down. It’s amazing how many people just put references down, never asking them if they’d be willing to be a reference on a gun application. Never asked them if they have issues about being a reference for the gun, or if they’d have any problem in saying that you’re fine to have a gun. Make sure your references are on board, and they are in support of you. Because if you fail to do that, then you may get denied for your references. It just astounds me that people call me because they didn’t do that. So, don’t make that mistake. Make sure your references are solid. They know that they’re going to be contacted and that they support your application for a firearm. This is Evan Nappen reminding you that gun laws do not protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 3 45:21 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S3 E157_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";

  2. 9

    Episode 156-Joe Biden is High-Capacity Ignorant on Guns

    Episode 156-Joe Biden is High-Capacity Ignorant on Guns  Also Available OnPodcast TranscriptGun Lawyer Episode 156 SUMMARY KEYWORDS gun, firearm, gun rights, archery, bi, chamber, partisan, rights, new jersey, anti, veterans, gun owners, law, safety, guns, folks, evan, bill, lawyer, rounds SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:16 Hello, I’m Evan Nappen, and welcome to Gun Lawyer, the number one highest rated gun rights podcast in the world, according to Feedspot. Yes, we’re very proud of that, and we got there because of you, our listeners. I want to maintain that position, and I’m aggressively competitive here. And I’m just kidding. But it means a lot that we’re getting the word out. Speaking of which, our beloved president, who is also known as his fraudulency, the senile sock puppet, has, again, demonstrated his unbelievable ignorance about guns. I mean, there are so many of his gaffes of the absolute stupid crap that this guy says, and yet, he is out there as the number one enemy of the Second Amendment. He’s out there trying to crush our gun rights and abuse executive power at every turn. Evan Nappen 01:21 So, here’s his latest statement, which is just another classic Biden dopey statement. He was giving a talk at the Human Rights Campaign dinner, Human Rights Campaign dinner. You would think that one of the fundamental human rights would be the right to self-defense and to be armed to defend yourself. Especially in the light of what’s going on in Israel with terrorists attacking, raiding people’s homes, and the absolute prima facia demonstration of why you need to be armed. But no, no, we’re at the Human Rights Campaign dinner. And here’s what Biden says. He says, who in God’s name needs a weapon with 100 rounds in the chamber? That’s correct. I said it right. He said, “100 rounds in the chamber”. The chamber, folks. Hey, how many rounds does your gun hold in the chamber? I hope it only holds one. Because the chamber is what holds a single round of ammunition, as I’m sure every one of you know. Of course, not the man espousing to ban guns and destroy the Second Amendment and claiming to make this issue the number one public health safety issue there is. He doesn’t know that. But we all know that the gun chambers a round, chambers one round. Evan Nappen 03:09 The chamber is at the breech of the barrel, where the round goes into, and it holds one. Not 100 rounds in the chamber. If you put 100 rounds in the gun’s chamber, which I don’t even know how you could do that, it would be mighty dangerous, and a virtual impossibility. So, he probably meant 100 rounds in a magazine. But when you are a nincompoop and you don’t really know what you’re talking about and you combine his senility and you combine his other mental deficiencies, of course, you would say “100 rounds in the chamber”. I mean, it doesn’t even make sense when you think about how he would confuse chamber and magazine. Generally, the public would know what a magazine is but a chamber? Page – 2 – of 8 Where is he getting this chamber screwing up in his brain for magazine? Why is that even happening? It just shows you the depth of his senility and mental problems. “100 rounds in the chamber”. Oh, yeah. Oh, yeah. Evan Nappen 04:25 Listen, he’s pushing for his assault weapons ban, you know, and this is what he says. “Who, in God’s name, needs a weapon with 100 rounds in the chamber.” Now, of course, he didn’t mention any gun that holds 100 rounds in the chamber because there is no such gun that holds 100 rounds in the chamber. But he did add, famously, that weapon is only meant for one thing, to kill people. Well, I’ll tell you what. The weapon that holds 100 rounds in the chamber, which doesn’t exist, is absolutely a weapon only meant to kill people, because it doesn’t exist. So, I guess it is fine because that’s what it’s meant to do, because the entire thing is garbage. This is just the tip of the iceberg with this guy’s misinformation. He puts it out there, you know, like it’s gospel, and it isn’t. He’s there as a paid for hack by the anti-gun movement. Those that hate us. Those that hate our rights. Those that hate us as gun owners. You know, the ones, the typical usual suspects funding this and funding Biden. He doesn’t even know what he’s saying, but he’s just saying it. He’s getting out there and pushing what ends up costing us our rights. Evan Nappen 05:54 It would be funny, if it wasn’t that this kind of stuff cost people’s lives. Because if you interpret what he says and somehow think that what it means is, for example, we shouldn’t have an AR-15, which, of course, he’s against us having. Then think of our helplessness that he wants to instill on every individual in the face of terrorism, in the face of all the terrorists that he’s let in through the border that’s a sieve, thanks to him. In the face of the growing crime, thanks to him. Think about how much our country is changing. Now, more than ever, we need to be armed. And armed with firearms that can protect us against more than one attacker. This is serious, and yet they’re doing the opposite. Instead trying to disarm us, trying to take away a fundamental God given right to have a firearm. He constantly puts out this message, which illustrates just how little he knows and understands it. But he doesn’t really care about that, now does he. It’s just the idea with Biden as to how many ways he can screw with us and try to incrementally take away rights at every turn. Evan Nappen 07:34 Luckily, the Congress can’t get anything through because you know, he’d sign anything they put in front of him. So, he instead has resorted to abusing his Executive Powers. But he wants to make us helpless in the face of all these threats as individuals. You know, people talk at times, and they say, hey, Evan, you own guns, but isn’t that dangerous? You know, I’m a peaceful person, a peaceful person. And let me explain something. To be peaceful, you need to have arms. You need to have weapons. Because someone with weapons that is peaceful can defend themselves. Someone who doesn’t have weapons is not peaceful. They are helpless. And that’s the difference. I am peaceful, but I’m not going to be helpless. And that’s how every one of us should be. Peaceful, but not helpless. But this character wants us to be helpless, even in the face of mounting threats. Page – 3 – of 8 Evan Nappen 08:49 Hey, I want to mention to everyone, in case you happen to have a Fortress gun safe that 61,000 gun safes have been recalled after a 12 year old was killed. The 12 year old was able to access firearms despite the biometric lock on the safe. Apparently, there is a glitch. (https://thehill.com/business/4265093-61000-gun-safes-recalled-after-12-year-old-death/) They are doing a recall where they will replace, for free, the mechanism so that this glitch can be fixed. Because the default mode is open mode, and it allows users, including children, to easily access the safe. So, if you happen to have one of these recalled safes, please contact them. They were apparently sold between January 2019 and October 2023 at a variety of stores including Bass Pro Shops, Cabela’s, Scheels, Sportsman’s Guide, OpticsPlanet, and anti-gun Dick’s Sporting Goods. I don’t know why you’d buy anything from them. But they’re one of the sellers of gun safes. Also, Gander, Rural King, Lowe’s, and online retailers like Amazon and eBay. So, if you have a Fortress Safe, see if you have one of the model numbers that are affected, so you can take advantage of the recall. Evan Nappen 10:30 Now, in another news bit, I have lots of interesting news bits, the news that gets often suppressed or spiked, things you won’t hear about on the lamestream media. You know, we just recently won a nice victory in California at the trial court level. It is a great win because it was a finding that California’s assault firearm ban, the assault weapons, you know, the guns whose only purpose is to kill hundreds of people, you know those guns. Well, that’s unconstitutional. The court found unconstitutional. As well, they should. This, of course, lays the groundwork for New Jersey’s challenge as well to take advantage of the same reasoning and logic and instructive nature of the California case to help us win in our district here. And that’s all great news. Congratulations to the folks in California! Evan Nappen 11:37 But one of the things that came out of this case that I thought was particularly interesting is how the District Court Judge absolutely torpedoed the expert for the anti-gunners. (https://www.ammoland.com/2023/10/u-s-district-court-judge-skewers-expert-ryan-busse/#axzz8GmYSxQeX) The expert’s name is Ryan Busse, and this character, believe it or not, is a traitor to gun rights. He was a former executive at Kimber, Kimber Firearms. Yep, Kimber. Makers of those fine 1911s. I don’t want this guy to tarnish Kimber currently, because he’s not part of them anymore. But he was. He was part of them, and he was a top exec there. But he has become an anti-gun advocate, although, you know, he really wants reasonable gun control, you know, gun safety reasonableness. All that till we don’t have any rights left. He’s against assault weapons, assault weapons. He’s against them. And he put in as an expert, an expert on assault weapons, into this court case. Listen to what the court said about this guy. Oh, by the way, this guy is running for Governor, Democrat Governor in Montana. So, hey, Montana, don’t be stupid enough to vote for this guy. No less vote Democrat. Oh, my God, but this guy, please. Talk about a state where you would think they would have a lot of respect for their Second Amendment rights not getting trampled on and you have this character working for the anti-gun side, putting in “expert opinion”. Evan Nappen 13:30 Here’s what the Court says about the candidate for Governor and so-called expert. Ryan Busse is a Giffords, see, he now works for Giffords, anti-gun Giffords, senior adviser and former firearm industry Page – 4 – of 8 executive for a manufacturer and seller that specializes in pistols and revolvers, that by the way, folks, was Kimber, but not AR-15 platform rifles. The few rifles sold by his former firm are traditional bolt action models. Busse opines that a firearm does not need any of the devices, accessories or configurations listed in the “assault weapon” ban to operate as a gun intended or to use a gun effectively for self-defense. It is not at all clear what expertise Busse has to support his opinion. He does not describe any professional experience using AR-15 platform rifles for sport or self-defense. In any event, this type of opinion is not relevant to the question of whether the state may ban a firearm that is commonly owned by law-abiding citizens for lawful purposes and does not fit the prerequisites for the Federal rule of evidence 702. Ouch! Ryan there got rather butthurt by that judge and rightly so. We’re winning piece by piece, bit by bit, and the truth keeps surfacing, bubbling up. Evan Nappen 15:28 Let me tell you what’s most important here is you as an individual. Take the steps that you need to protect yourself and to be proficient and safe with firearms. One of the great places that you can do that is WeShoot. It’s the WeShoot indoor range in Lakewood, New Jersey. WeShoot is a state-of-the-art range, and they have a fantastic crew. I just shot there and got my carry permit qualification course done there for my carry, and you can do the same. Excellent staff, wonderful people, and a great environment. They are really turning the tide for reaching out to individuals that normally might have hesitation about firearms or that have been so brainwashed by the general media. Yet, they know in their heart that they want to defend themselves. Well, WeShoot is a great place to go. They love everybody, from beginner to expert. They’re there for you at WeShoot. They run all kinds of great, fun events. We recently shut up the Gummy Bear, a giant ballistic bear. That’s great. I hear that there’s going to be a great ballistic turkey that you can stuff full of lead. They’ll have that. Check out their website. You can go to weshootusa.com and visit WeShoot. They’re a great sponsor of Gun Lawyer, and we love them. When I come back, I have some more really important news bits that you will not hear in the lamestream media. Speaker 3 17:31 For over 30 years Attorney Evan Nappen has seen what rotten laws do to good people. That’s why he’s dedicated his life to fighting for the rights of America’s gun owners. A fearsome courtroom litigator fighting for rights, justice and freedom. An unrelenting gun rights spokesman tearing away at anti-gun propaganda to expose the truth. Author of six bestselling books on gun rights, including Nappen on Gun Law, a bright orange gun law Bible that sits atop the desk of virtually every lawyer, police chief, firearms dealer, and savvy gun owner. That’s what made Evan Nappen America’s gun lawyer. Gun laws are designed to make you a criminal. Don’t become the innocent victim of a vicious anti-gun legal system. This is the guy you want on your side. Keep his name and number in your wallet and hope you never have to use it. But if you live, work, or travel with a firearm, the deck is already stacked against you. You can find him on the web at EvanNappen.com or follow the link on the Gun Lawyer resource page. Evan Nappen – America’s Gun Lawyer. Speaker 3 18:46 You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts. Page – 5 – of 8 Evan Nappen 19:01 So, you may have heard about the Bi-Partisan Safe Communities Act. Well, wait till I tell you about its impacts, which have been multiple. We said it was bad for guns, and you know, we’re constantly fighting these legislative battles, especially in New Jersey, even though the Bi-Partisan Act is a federal bill. The stalwart defender of our rights in Jersey is the Association of New Jersey Rifle & Pistol Clubs. Every one of you should be a member of ANJRPC. It’s really, really critical that you do. They are the number one voice for New Jersey gun rights. They have a lobbyist in Trenton, and they’re in the courts litigating. I work with the Association, helping them to fight the gun laws as well, and we are constantly vigilant, protecting New Jersey. And it’s the Association that really makes that possible. Evan Nappen 20:06 We’ve had some great victories, and we’re seeing the Association with their cases, doing very well. Action is now occurring on New Jersey’s assault firearm challenge, magazine challenge, and the Carry Killer bill challenge. The No Serial Number (NSN) gun ban was won without firing a shot, so to speak. We did it through negotiation with the Attorney General, and saved probably about a million guns, no exaggeration, from being banned. We have got the training requirements reduced now to something that all of us can do. Simply what is core competence, from having to be, you know, John Wick training standards that were required before. So, these are all the kinds of things that even in this harsh, challenging environment, the Association of New Jersey Rifle & Pistol Clubs is able to make progress because we’re united. So, make sure you join. anjrpc.org. Check them out and be part of the solution. Evan Nappen 21:21 I’d also like to take this moment to shamelessly plug my book, which is New Jersey Gun Law, the 25th Anniversary Edition. This book has become more important than ever. And I’m not just saying it because I wrote it and I want you to buy it. Although it is a good reason that I would say it. But it’s not the only reason. As a matter of fact, just today, I had someone call, you know, I get calls all the time, constantly helping people, and I love it. It’s what I do. But it’s like, how do I know what the sensitive places are? How do I know? I mean, how do we keep up with this? Which ones are good? Which ones aren’t? How do I know? If you get my base book, just get this book, and subscribe for free. What’s free? This is a free subscription. Just scan the QR code on the cover, and you’ll get all the updates, access to the archive, and all the numbered updates. You’ll get an email within about 24 hours of any change. I’m letting you know so you can stay current. How do you stay current on the Jersey laws? Get my book, subscribe for free, and you’ll stay current. It’s the answer. Because Jersey lays out this ridiculous matrix. They want to disenfranchise you of your rights. They want to trap you so they can take away your gun rights. Don’t fall into their traps. Be smart. That’s why I wrote this book, to protect gun owners. If you want to get a copy of New Jersey Gun Law, go to EvanNappen.com EvanNappen.com. Look for the orange book and click it. Get yourself a copy of the gun law Bible for New Jersey with over 500 pages in a question and answer format. Even Joe Biden could understand it if he did at least read it. So, there you go. Evan Nappen 23:05 Look, with this Bi-Partisan safety bill, this thing was piece of garbage that was Bi-Partisan. Right, as soon as you saw that, and you saw the RINO (Republicans In Name Only) Republicans that supported it. Then Biden touted it as a win. He touted it as a win, and why did he tout it as his win? Because it Page – 6 – of 8 was a win. It was a win for the antis. What did we get out of it? What did gun owners get? Nothing, zero, zip. Just more gun control shoved down our throat with the help of RINO Republicans, that’s what we got. Do you want to see the fruits of this? Look right now at what they’re trying to do; make any person who sells a gun for a profit be regarded as a firearms dealer. That’s right. You’re going to need an FFL just to sell your own personal gun. I’m not exaggerating because they cut out for livelihood. It only has to be if you sell for profit. Even if you are intended to make a profit if you didn’t make a profit but wanted to make a profit. They have made this so broad that even the Government’s estimates that there’s going to be a need to have over 300,000 FFLs now – 300,000 FFLs. That’s one aspect to this Bi-Partisan bill. Evan Nappen 24:18 Do you know what else is so-called Bi-Partisan thing did? It screwed over hunter safety and archery and all these programs that were in schools for kids, teaching gun safety, hunter safety and archery. It was another disgusting effect of it. What I have here is an article, letter, report. It’s a letter essentially, but it went out from Thomas G. Floyd, who is President of the National Archery in Schools Program. (naspschools.org) I think this article is really excellent that he wrote. The Unity Quiver: Youth Archery’s Role in Brief National Political Harmony. That’s the title of it. Let me just say I have a particular soft spot for archery. My daughter was a competition archer, and she was part of the junior dream team for the Olympic shooting in compound. I personally saw just how critical youth archery is to helping youth become independent, strong, and able to meet challenges and overcome hurdles. I saw the value of archery firsthand. Many of you may have experienced that as well. The ability to have it in school with hunter ed, and all, has just tremendous benefits for youth. Evan Nappen 25:51 What happened was, after the Bi-Partisan bill passed, the U.S. Department of Education provided guidance in the form of saying, guess what? Under this bill, no money can be used at all. You cannot have archery instruction, Hunter Ed, or any other similar training involving the use of deadly weapons. And that would be prohibited for the use of any of the educational funds under this new Bi-Partisan Act. Oh, my God. Killing all these programs. It was absolutely disgusting. And as pointed out here, in the article by Thomas Floyd, the President, he writes a great piece, and you should really check it out. He explains how the Government, the legislators, really, very rapidly, I think maybe in record time, put a bill forward, HR 5110, which turned this completely around. There was only one opposing vote. One opposing vote when it went through the House, and it passed on consent of the Senate. It was signed into law due to all this massive political pressure. I mean, what was the sock puppet going to do? Veto, so you can be overridden? Of course not. So, he was forced into it, and we now fixed it. Evan Nappen 27:38 It’s so good that we did. Because even just focusing for a moment on just the archery portion, not even the hunter Ed and the firearm portion, as stated, archery and the shooting sports are transformative in the lives of young people who participate. And that is absolutely true. If you’ve had young persons involved with shooting sports, archery, hunting, competition, shooting, all of my kids shot and competed and did very well. And it is transformative. It’s an exercise of discipline, responsibility, and a lot of fun. Thomas Floyd has some bullet points here that I just want to share. Because what do these programs provide that they tried to kill? “A lifelong understanding of the paramount need for safety.” Yes, safety. Page – 7 – of 8 Safety is always critical. “An understanding for the need of personal accountability and responsibility.” You betcha. When you’re shooting and doing that, it sure does. “A foundation in the value and promotion of sportsmanship and ethics.” There were many times in the competitions and such where sportsmanship and ethics shone through. And it was heartwarming and transformative. It really was. “Persistence through the process where marksman skills develop.” “Experience in dealing with pressure from various competitions.” That’s right, that pressure can be enormous, and it’s great. You’ve got to learn to live with pressure. Our society is full of pressure. And this helps prepare for that. “The value of becoming a contributing member of a team – many for the first time.” Yeah, that team and working as a team. It’s good stuff. “A lifelong commitment to the value of conservation and the continuation of the outdoor lifestyle.” Boy did it inspire my daughter. At 12 years old, she wanted to bow hunt a deer, and she got her deer. So, you better believe it. Those are all things that come out of these great programs, and I’m very glad to say that the right thing here got done. Something we can be happy that the true facts shined through. I mean, shocking, isn’t it? But there you go. Evan Nappen 30:04 Here’s some good news, by the way, for Veterans that I want to mention. Apparently Senator John Kennedy, who is not related to the President in any way, Senator John Kennedy and Chuck Schumer, now that’s a combo there, okay, boy, worked out a deal to help protect Veterans’ gun rights. Now, I’m going to be skeptical until I actually see it. But it appears that they have actually addressed the situation where military veterans who got put into a conservatorship where they’re not able to control their own finances and such had lost their ability to have firearms because they were deemed to have the mental incompetency. Mental commitment, that whole problem, created a bar for them for firearms, and that’s apparently been addressed. It looks like they’re going to make it part of the minibus appropriations bill to fund transportation, housing and urban development, Veteran Affairs and agriculture. Apparently, it will help to protect the gun rights of veterans. I mean, come on, they only fought for this country and our rights, and then they suddenly can no longer exercise a very rights that they fought for, it’s outrageous. This has been a long time coming. So, it looks like this may be happening, and we’ll keep our fingers crossed that it’s a good thing. Veterans go to the VA and get treatment that they need, and it shouldn’t suddenly become something that bars them from their Second Amendment rights. You know, there’s a joke about the VA. The joke about the VA is that it gives veterans a second chance to die for their country. I don’t know if you ever heard that one. But at least let’s not see their rights get taken away. So, that is some good news. And hopefully it will pan out. Evan Nappen 32:18 I would like to give you all a warning. There’s all these efforts, propaganda efforts, by the anti-gunners, and they are getting more and more creative. They have a group that purports to be reasonable gun owners, and one such group is called the 97%. There are Bi-Partisan Gun Safety Group. Get a load of that, Bi-Partisan Gun Safety Group. As soon as you hear Bi-Partisan gun safety, you know, they just want to screw you out of your second amendment rights. That’s what that means. Anytime you hear Bi-Partisan Gun Safety, it means watch out! They’re trying to screw you out of your gun rights, and it’s called the 97%. This group is out there, and apparently, their executive director just joined the Brady Gun Control Group, there’s a big shot for the Bi-Partisan Gun Safety Group that their director just joined, Brady. Big shock. Here’s some of the wonderful things this Bi-Partisan Gun Safety Group has done. They’re supporting Red Flag confiscations and supporting gun bans for folks if you add any Page – 8 – of 8 misdemeanor. Oh, and of course, Universal Background Checks, which is Universal Gun Registration. They want permits for every gun so that of course we get the full registration and where we can get the confiscation. And you all know where that leads to, folks. So, beware of any Bi-Partisan Gun Safety Group that makes any claims or any bill labeled Bi-Partisan and gun safety. Bnything along those lines, you know, is problems and trouble. And that’s why this is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 3 34:25 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S3 E156_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";

  3. 8

    Episode 155-Guns You Need When Terrorist Attack

    Episode 155-Guns You Need When Terrorist Attack Also Available OnPodcast TranscriptGun Lawyer Episode 155 SUMMARY KEYWORDS firearm, shotgun, trigger, gun, handgun, new jersey, rifle, rounds, guns, semi, qualify, carry, gun rights, america, buckshot, safety, round mags, soft targets, shoot, modification SPEAKERS Evan Nappen, Speaker 3 Evan Nappen 00:00 Hi. I’m Evan Nappen, and welcome to Gun Lawyer. The number one gun rights podcast in the world as rated by Feedspot, who rates such things, particularly under their rating of the top 20 Gun Rights podcast. Hey, you know, there’s been a lot of interesting things in the news, and I’m sure you’ve been following what’s going on in the Middle East. But, of course, what goes on in the Middle East isn’t really just contained to the Middle East. So, what I want to talk about today is specifically about the guns you need for when the terrorists attack America. It seems like it’s just a matter of time before they expand their operations. And if you think that that’s something that can’t happen, well think of this. Evan Nappen 01:22 In Israel, the terrorists had to actually bust through walls and high security and had to come in by air and gliders, by sea and my motorcycle, and by tunnels and all that. You don’t need to worry about that in America, man. The border is about as open as it gets, and millions have already come in. And no one had to blow any holes in walls, or fly in paragliders, or come in scuba gear or anything like that. Just come on in. And I’m sure they did. Considering how many millions have come into the country and how the Government really doesn’t have any idea and how it’s essentially an open border policy. So, to think that such folks are not here and are not planning to do something would seem pretty naive to me. Evan Nappen 02:21 You may say, well, how could you even think that such a thing could even get planned in America? How could it even take place in America? Well, look, did you watch the BLM riots? How amazingly they went off – burning cities, destroying public buildings, killing, robbing, maiming, looting, and all that. Then, you know how pallets of bricks would magically appear at the places where these riots would be. I mean, how was that coordinated? And that was just riotous protesters. Are you telling me you can’t coordinate attacks in America? Of course, you can. Just think about it. We have so many soft targets in America, so many soft targets. It’s not even a challenge. Evan Nappen 03:15 And, you know, the anti-gunners make even more soft targets available. Just take Murphy’s “25 Sensitive Places”. There are perfect targets for every terrorist. How about schools? Gun free school zones, that’s a federal law, no less state laws. No guns in school. They don’t even want to have armed individuals protecting schools. Talk about soft targets. Could you imagine a mass attack by terrorists on Page – 2 – of 9 schools? Just slaughtering and killing. Look, they’re beheading babies in the Middle East. I mean, you know, shooting up schools and killing kids? That’s no problem. You say, oh, no, it’s still not going to happen. You don’t think so? Well, if you don’t think it’s going to happen, don’t worry about it, man. Why be prepared at all? Not a question. Evan Nappen 04:05 But if you think that, hey, we might be vulnerable, that you personally maybe should be concerned about your security, that you’ve been watching this and saying, man, what would you have done if you were there? Because there could be here. Do you think we don’t have enough radical wack nuts in America that want us dead? So, let’s just say you want to be safe, rather than sorry. And in fact, you want to be prepared and in the worst case, so what? You’re ready, and you never had to use it. And guess what? That’s lucky. That’s great. Then we are sure fortunate that all you had to do was be ready, but you never needed it. Wouldn’t that be a wonderful thing? I’d love that. That’s what I’d rather see, personally. But I’ll tell you what I don’t want to see? Needing it and not being ready. That’s about the worst thing possible. What’s worse than having a gun and not needing it? The only thing worse than that is needing a gun and not having it. Evan Nappen 05:14 So, what does it take to have guns? What should you have if you’re going to have guns? What is a decent, basic defense reserve of firearms that an individual should have? Let’s talk about that. Because let me tell you about myself. Even though I’m a gun attorney. I’m a lawyer. Sure, I’ve studied and dedicated my whole life to the Second Amendment and to my calling for defending law-abiding gun owners in defense of our Constitution and our constitutional rights. Even though I’m all about that. I’m also a Certified NRA Instructor in personal defense, home defense, both inside and outside the home. So, I have a little bit of knowledge about that. And look, I don’t claim to be the top expert, that’s for sure. But I know enough to share with you the basics that you should consider and things you should think about. So, what guns should you have? What guns should you have so that you can be ready? Basically, there are three types of guns that every person should have, and they should be proficient and know how to use them. The three guns are a rifle, a shotgun, and a handgun. Those are the three types of guns, very simple. If you at least have those three types of guns, then you are equipped to handle whatever scenario you might need to address. Evan Nappen 06:56 Let’s start with a rifle. So, a rifle is, of course, known as a long arm. The legal definition of a rifle essentially means the firearm has a rifled barrel. It has a barrel length over 16 inches, and the overall length over 26 inches. With such a firearm, you’re able to reach out to greater distances with the projectile. So, the rifle gives you the advantage of shooting further with accuracy. There are many, many rifles out there. Now there are rifles that are rimfire, like .22s, that are the most common of all rimfires. Then there are centerfire rifles, and the centerfire is a more powerful round. Centerfire rounds are often used for hunting bigger games, such as deer, bears, or moose. Then there are the military calibers that are centerfire and are very popular, such as .556 and .762 by 39. Those are centerfire rifle calibers and cartridges. Page – 3 – of 9 Evan Nappen 08:17 So, what you should do is find a rifle that you shoot well. Most likely a centerfire rifle that’s going to give you more power, more reach, and more stopping power. The ability to shoot further is the purpose of the rifle. Then you look at rifles that you like. You could have different types of actions on rifles. You can have a bolt action, pump action, even a lever action, but, of course, the most popular is a semi- automatic. There are semi-automatic rifles that use centerfire cartridges, specifically and most popular would be the AR-15 platform. The most popular rifle in America is the AR-15 type. Now the AR-15 type has just uncountable variations. There are so many makers, so many modifications, so many things you can have on an AR. But when you’re in New Jersey, which has restricted our rights and even though we’re challenging the so-called assault firearm ban, really you know assault firearms just a pejorative word that the anti-gunners have made up to scare folks. You know, assault firearm. No, it’s a modern sporting rifle is what it is. They don’t go fully automatic. They fire semi-automatic. The mechanism that’s been around for well over 100 years. Semi-automatic does let you put repeated rounds out there in a semi-automatic fashion. Evan Nappen 09:58 The AR-15 platform does so efficiently, and they’ve got it perfected after all these years. So, an AR-15 is a great choice for a gun to have as a rifle, but not the only choice. You may have other preferences. This is not by any means to say that any other rifle is better or worse. But at least if you have a Jersey compliant AR, then you have a semi-automatic rifle, the most popular rifle in America. You can have it where it does take a detachable magazine. Now in New Jersey, you are restricted to a magazine capacity of 10 rounds. So, you cannot have magazines over 10 rounds. However, you can have as many 10 round magazines as you want. So, if you want to have 100 ten round mags loaded with 10 rounds, no problem. And it’s pretty easy to switch mags on an AR. If you want to be legal and you want to stay legal, you don’t want to put yourself in jeopardy of being prosecuted in New Jersey by the anti-gun regime politics and bias. So, play by the rules, but play it smart. Have as many 10 round mags as you want. You have a Jersey compliant AR. You now have an accurate, reliable semi-automatic rifle, and it will serve you well should you need it. Evan Nappen 11:23 The next long arm to consider is a shotgun. Now a shotgun has a smooth barrel, and a shotgun does not have the same capability, ballistically, for distance. The rounds that come out of a shotgun do not travel anywhere near as far as what is fired out of a rifle. But when it comes to a shotgun, you’re not looking to do that. Now it’s true you can shoot a single projectile out of a shotgun and that’s called a slug. Slugs are pretty powerful. They’re heavy pieces of lead, and their effective range is limited. Roughly speaking, you’re not going to ever shoot a slug really over 50 yards for accuracy. Although you can shoot at 100 yards. I get it. I know you guys do, but we’re just starting with the general idea. Slugs are not what we’re talking about when it comes to your shotgun since we’re not talking about it being legal or not for hunting, we’re talking about self-defense. Evan Nappen 12:29 Let’s instead look at the shotgun’s more classic role, and that is firing multiple projectiles at close range with each pull of the trigger. So, if you have buckshot, not birdshot, birdshot is too fine. Birdshot is very fine pellets that are used to shoot well, birds. We’re not talking about shooting birds here. We’re talking Page – 4 – of 9 about shooting mammals or people. And in that regard, you want to stick with buckshot, which are larger balls of lead. Depending on what size buckshot you get, they’re roughly in the 30 caliber to 33 caliber, etc. and that’s the size of the ball. Depending on the load that’s in your shotgun, probably most preferably just a 12-gauge shotgun, whether it’s a two- and three-quarter inch shell or a three-inch Magnum shell, it’s going to hold a number of buckshot. It could hold anywhere from nine balls of buckshot to maybe even 10 or 12. It depends on the load. It depends on the shell, and it depends on the size. But basically, you’re putting out a load of lead balls in one shot that has a distance where you do not want to go over a maximum of 50 yards. Even that’s pushing it. Probably more around 30 or 20 or even closer, but up close that load of multiple balls is devastating. It basically is like your personal handheld claymore mine, when you look at it in that manner. So, your shotgun loaded with buckshot is very effective in close range for some of the strongest stopping power that you might need in that situation. The buckshot particularly loaded shotgun is excellent in a CQB, Close Quarter Combat, situation. It has tremendous stopping power and is extremely effective. Even in the Old West, we think of the six guns, but more guys were put in the ground with shotguns than any other weapon because they’re devastatingly effective. So, you want to have a shotgun in your personal armament. Evan Nappen 15:16 Now you’re covered with a long arm of a rifle, a long arm of a shotgun. There are many excellent shotguns out there, but we’re going to stick with a basic, pump action. Under the law in Jersey, the only assault firearm shotguns are semi-automatic or those with a revolving drum such as a Street Sweeper Striker-12. Stay away from those. But if you have a pump-action shotgun, you can have anything you want on your pump-action shotgun. There’s no feature law that goes at a pump shotgun where there is for a semi-automatic shotgun. And if you want a semi-automatic shotgun, well then you can’t have a mag over six rounds. It can’t have a folding stock. It can’t have a pistol grip. Any one of those features is banned as an assault firearm on a semi-auto shotgun. However, if you have a pump-action shotgun, you can have anything you want. You can have a 10 round or nine round tube or more on that shotgun. You can have a heat shield. You can have a bayonet lug, like the Mossberg 590, a great shotgun, with a bayonet lug, nine shot, super tough. The military uses it, 590A1s. They’re out there. They are super reliable. You can have a folding stock. You can have a pistol grip. You can have any whistle or bell you want on a pump shotgun, and it’s not an assault fireman. It’s very effective. Just hearing that ratchet sound of the pump going off usually sends the right message to anybody thinking about harming you. But if it’s going to come down to popping terrorists, you’re going to need that shotgun, and they’re not going to be running away from the sound. They’re just going to be hearing the other sound that it makes when you pull the trigger. And that’s what it’s going to take. So, your shotgun is very important. Many models including Remington 870s. There’s plenty of great shotguns at a reasonable price. Check out what works best for you and put that in your armament. Evan Nappen 17:24 Then you come down to your handgun. With your handgun, there are many, many choices, of course. Revolvers, semi-autos, we can talk all day about handguns, but you better have at least one decent semi-automatic handgun. If you’re a fan of 1911s, or if you’re a fan of Glocks, if you’re a fan of Sigs, if you’re a fan of Smith, whatever, have that semi-automatic handgun, and make sure you have 10 round magazines. It does not hold more than 10 rounds. You can have as many 10 round mags as you want. The handgun is what you keep on your person handy. Think of it as your first aid kit, your immediate go Page – 5 – of 9 to, that you can use to help you fight to get to your shotgun or your rifle. That handgun is there with you at all times to defend yourself. And that’s why you get your carry license in New Jersey. Now you can get that carry permit, and you can have that handgun with you. You can have your long arms ready to go in your home, and you can have your handgun with you outside your home and inside your home. You want to practice. You want to be ready, but you need to have that handgun. You need to be proficient, and you need the handgun that works for you. Evan Nappen 18:37 Folks, think about being prepared. I want all my listeners prepared. I hope this never happens, but I think we’d be foolish to think that it won’t. So, at least make sure you have the basics. Make sure you stay Jersey legal. We’re finally at a point in New Jersey where every law-abiding citizen can actually have a firearm license, a Firearm Purchaser ID Card, get your Pistol Purchase Permit and actually get a Carry Permit. You can get a carry permit because “justifiable need” has been eliminated. The training requirement is now completely able to be done by any reasonably competent person. You simply apply online, and the process has been streamlined to the point where judges are no longer involved, thank God. It’s issued by the same authority that issued your Firearms ID Card and issued your Pistol Purchase Permit. Evan Nappen 19:44 As a matter of fact, the same qualifications under the disqualifiers, 2C:58-3, are the same criteria for all three licenses – Firearm ID Cards, Pistol Purchase Permit, and Carry Permit. All are regulated by the same disqualifiers, such as you can’t be a convicted felon, you can’t have a Domestic Violence restraining order, you can’t have had a mental health commitment, etc. But as long as you qualify for a Firearms Purchaser ID Card or a Pistol Purchase Permit, you qualify for your Carry Permit now, and you can get it. So don’t delay. Don’t delay. There are certain Winds of War, shall we say. There’s a feeling out there that a lot of people know something’s not right, and we’ve made ourselves extremely vulnerable. And ultimately, it’s not going to be up to the police or the military to protect you. It’s going to be up to yourself. Look at what happened even in a place that’s as security conscious as Israel. Take care and make sure that your personal armaments have the basics, that you’re ready and that you have enough ammunition as well. Look, Lake City (Army Ammunition Plant) has stopped commercial sale of .556 ammo because it’s all going to the war. Two and a half inch 410 shotshells – you can’t buy them right now. There’s a shortage, again, happening now on ammunition. If you don’t have enough ammunition, you better get ammunition before it’s too late. It’s drying up. People are thinking about what I’m saying. Folks are taking steps. Make sure you do, too. Make sure you’re ready. Make sure you’re prepared. Evan Nappen 21:53 In our struggle here to keep our rights so that we can be prepared, so that we can protect ourselves, so that we can at least have this ability is, of course, the Association of New Jersey Rifle & Pistol Clubs. They are the preeminent gun rights defenders for the state of New Jersey. And New Jersey, as you may know, is the frontlines of the battle for our gun rights. So, make sure you join the Association of New Jersey Rifle & Pistol Clubs. You can find them at anjrpc.org. They have a full-time paid lobbyist. They’re the folks that are there in Trenton. They’re the folks that are litigating as we speak in Federal Court challenging these anti-gun laws. They’re the folks that helped get the No Serial Number (NSN) Page – 6 – of 9 gun ban resolved so that millions of guns were saved. They’re the folks that got the training requirements reduced from the insanity of us having to be veteran SWAT police officers in order to carry down to competent firearm owners that can demonstrate core competency. These are the tremendous steps in this incredibly hostile environment that the Association has been successful. Now, they need your help. So, make sure you’re a member of ANJRPC. Go right to their website at anrpc.org. Evan Nappen 23:22 Let me also just remind you that my book is indispensable. My book is over 500 pages. It’s called the New Jersey Gun Law. It explains all the laws, and it explains 120 topics in question answer format. And at 500 plus pages, the book is a weapon itself. Just kidding about that, but it’s pretty big. And it is the Bible of New Jersey gun law. Ask anyone that has it. You can, right on the cover, subscribe for free updates. We’re keeping you on top of all the changes so that the book stays accurate and current. Go to EvanNappen.com. Make sure you get a copy. Ask anyone who has a copy how much they use it – all the time. There’s nothing else out there that explains it. It’s a labor of love and my passion to keep that book as up to date and current as possible. When we come back, I have some really interesting letters from great fans. Speaker 3 24:26 For over 30 years Attorney Evan Nappen has seen what rotten laws do to good people. That’s why he’s dedicated his life to fighting for the rights of America’s gun owners. A fearsome courtroom litigator fighting for rights, justice, and freedom. An unrelenting gun rights spokesman tearing away at anti-gun propaganda to expose the truth. Author of six bestselling books on gun rights including Nappen on Gun Law, a bright orange gun law Bible that sits atop the desk of virtually every lawyer, police chief, firearms dealer, and savvy gun owner. That’s what made Evan Nappen America’s Gun Lawyer. Gun laws are designed to make you a criminal. Don’t become the innocent victim of a vicious anti-gun legal system. This is the guy you want on your side. Keep his name and number in your wallet and hope you never have to use it. But if you live, work, or travel with a firearm, the deck is already stacked against you. You can find him on the web at EvanNappen.com or follow the link on the Gun Lawyer resource page. Evan Nappen – America’s Gun Lawyer. Speaker 3 25:40 You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts. Evan Nappen 25:56 Let me tell you about an experience I just had. I was able to get my qualification and certification done at WeShoot. That’s right. That’s where I qualified, and you can qualify there too. They’re great. The instructors are awesome. I had the special privilege of being instructed by Heidi, and Heidi is just fantastic. You’ll love Heidi. She was a great instructor. I went there and did the new training qualifications. It was a breeze, and I can highly recommend that you go there and do the same. WeShoot is a range located in Lakewood. It was so easy to get to. Right off the parkway, no big deal. A wonderful facility and they treat everyone like family. Let me tell you it was pretty busy when I went there. But they were able to handle everybody very efficiently. It’s a popular place and for a reason, a Page – 7 – of 9 very good reason. Because they really take care of their customers, and I’m not just saying that. They really do. That place is loved, and you can see why. Go there and get the WeShoot experience. You’ll be glad you did. It’s a great indoor range. They have a super selection of guns. They will take the time and explain. Whether you know nothing about guns, or whether you are a seasoned gun owner, or just an old gun nut like me, it’s a great place for real. Check out weshootusa.com That’s their website. Evan Nappen 27:35 Oh, by the way, I shot a ballistic gummy bear. That was a blast. Shooting that ballistic gummy bear was so much fun. But you should see that bear after you shoot it up. It’s pretty cool. And you get to keep it, t0o. So, they have some really special fun things planned. They’re going to do a special thing for Thanksgiving. Go check out what they’re doing on the website. If you’ve never shot a ballistic gelatin teddy bear, well, you better put that on your bucket list, and you can do it at WeShoot. So, that was a blast. Get over there. You’ll see what I’m talking about. Man, I wouldn’t steer you wrong. The place is just great, and the people there, Mark and Eli, what a great group. Head over there to WeShoot. Evan Nappen 28:21 Now, let’s take a look here at some letters that have come in to Ask Evan. I always love hearing from listeners. This is from George. And George asks, regarding modifying a firearm trigger from stock. To your knowledge has anyone been charged with or modified a firearm trigger from trigger stock that was used against them in court? I know there was a case of use of aftermarket parts with the Punisher logo and other sayings on them that were used to paint a New Jersey police officer in a negative light, but I can’t find any case where trigger modification was used negatively against a firearm owner. Evan Nappen 29:09 Well, let me just tell you that in New Jersey, a modified trigger is not criminal per se. However, if that trigger modification can make it operate fully automatic or if it’s a trigger crank, or it’s something like that where you’re creating a simulation of machine gun fire with the modification to the trigger, then you could have trouble. But if we’re just talking about a modified trigger where it’s been lightened to some degree or made heavier to some degree or something along those terms, that’s not an issue that is criminally covered. The trigger weight, trigger pull, you know, that type of thing is not in criminal statutes. Now, civilly, maybe, rarely, but maybe. Because if the trigger has been modified in such a way that it made it dangerous or arguably dangerous or someone was injured because the trigger had been modified in such a way that made it more vulnerable for firing, it’s why many police departments with Glocks and other guns, would get the trigger that had the heavier weight to it. So that it was less likely for an accidental discharge to occur. In those regards, there may be some civil, maybe, regarding that, but if you’re just doing a normal trigger modification, where you’re tuning the trigger and making it maybe somewhat lighter, but you’re really just making it so you have a more accurate trigger pull. Or you’re doing standard gunsmithing to just give you what we would all call a nice trigger, you know, one with a clean break. That glass rod feel, right? That’s fine. Evan Nappen 31:05 But if it starts getting into crazy world with modifications that make the gun potentially dangerous, or turn it into something that becomes in a banned provision of full auto, and of course, if you have certain other drop-in triggers and other things like that, that ATF themselves right now is hot after such as Page – 8 – of 9 forced-reset triggers, which is being litigated, but they went around trying to confiscate them. And we’re back and forth in the courts on that. If we’re talking about that stuff, well, that’s a whole other world of potential problems, but your normal gunsmithing, make my trigger great type deal, is nothing to worry about. It’s not criminal. It’s not civil. Evan Nappen 31:51 Hey, I have another letter here, and this letter is also from George, but it’s a different George, but it’s still with George. George says, Hi, Evan. I hope you’re doing well. I’m going to apply for my New Jersey CCW soon, and I plan on qualifying with my two handguns. One is a Sig P226, and the other is an S&W M&P Shield Compact. Both do not have safeties. I have two quick questions. Do you see any legal issues or otherwise with using guns without a safety for qualifying or carrying? My Shield is less than 10 rounds? Do you see any issues with getting and carrying extended 10 round mags for this? Thanks for your time. Evan Nappen 32:37 Okay, let’s carefully look at these questions. Number one, I’m glad he’s going to get his Carry and every law-abiding citizen should. But he’s looking to qualify with two handguns. There is no need to qualify with two handguns. The way it works in Jersey now is that you qualify with one handgun. With that one handgun you qualify, and then you fill out the other form, “Permit to Carry – Description of additional handguns to be carried”, (found on the NJSP Website, Firearms Forms, S.P. 182a (6/23)) and just list any other gun that you intend to carry. It doesn’t matter what gun you qualify with, as long as you qualify by demonstrating and proving the core competency of the new training requirements. It doesn’t matter anymore what gun you use. You could qualify with a Ruger Mark IV .22 target pistol, and then on your list, you could carry a Smith and Wesson 500 Magnum if you wanted to. It’s not a problem. So, just qualify with one gun, and then feel free to put the guns that you wish to carry on the other form. Then you can carry them because it’s not a matter of qualifying for that specific gun. Now, if you personally want to be trained and qualified on each specific gun you have, by all means do it. You can pursue plenty of extra training. It’s always good to get training, but it’s not required for you to get your Carry Permit that you have a separate qualification for each gun. Evan Nappen 34:05 As far as seeing any legal issues for guns without a safety, no. First of all, what are we talking about? Do you mean a manual safety? Well revolvers, for the most part, don’t have manual safeties. We’ve been using them for 100 years. Glocks, one of the most popular handguns in all of America, don’t have manual safeties. Now they do have safeties. However, they have dropped safeties and other safeties that are internal, that make the gun safe. But as far as the manual safety, it’s not required. As you should know, the real safety device on any gun, the premier safety device, is what’s between your two ears, folks. That’s what you have to always remember. Every gun is loaded. Remember the rules of safety and treat them all in that manner. Every gun is lethal. You need to have the trigger discipline, and you need to always have that respect. Manual safeties are not mandatory. But if you feel that you would like a gun with a manual safety, if that’s something that appeals to you, by all means have a manual safety. But it’s not of criminal law concern in any way, whether you have a manual safety at all. Page – 9 – of 9 Evan Nappen 34:09 Now, as far as magazines, New Jersey prohibits any mag over 10 rounds. So, if the gun holds up to 10 rounds, you’re fine. Now this question about carrying extended 10 round mags, I guess you mean because the Shield has less than 10. But if you had an extended mag that held up to 10, would that be okay? And the answer is sure. Because the magazine still does not hold over 10. So, you can have any size sub compact gun, you know, super small, but the mag sticks out, but it only holds 10. Then you’re okay. But if you’re talking about extending a 10 round beyond 10, you’re not okay because you can’t have a mag that holds over 10. You can have 10 rounds in the mag and one up the spout. So, you’d have a total of 11 rounds legally in New Jersey with your carry gun. As long as that’s what it is, it doesn’t matter whether the magazine itself was extended to hold 10 rounds or whether it came factory as 10. But until we win the lawsuit, you never want to have a magazine over 10 rounds, because then you could face a criminal charge of possession of a large capacity magazine, which carries up to a year and a half in State Prison, and you get disenfranchised of your gun rights because you’re now a convicted felon. Then you can’t have any guns or carry any guns because you had the nerve to have a mag that held more than 10 rounds. It makes so much sense, doesn’t it? And that’s of course why, as I say gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 3 37:16 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S3 E155_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";

  4. 7

    Episode 154-Knife Liberty Update

    Episode 154-Knife Liberty Update Also Available OnPodcast TranscriptGun Lawyer Episode 154 SUMMARY KEYWORDS knives, knife, switchblade, new jersey, ban, gun, great, rights, judge, state, court, federal, pistol, laws, gun rights, carry, law, guns, fsa, second amendment SPEAKERS Speaker 3, Evan Nappen Evan Nappen 00:00 Hi, I’m Evan Nappen and welcome to Gun Lawyer. The number one rated gun rights podcast in the world, according to Feedspot, who rates such things. Hey, people ask me, you know, what do you like? What are the things you like, particularly like, to collect? What do you enjoy? They’ll ask me that, and I’ll say, well, I have to strictly limit myself. It has to shoot or cut for me to like it. And given those incredible limitations, let’s talk about the cut part. So, I’ve always been a fan of knives, edged weapons. I write about knives. I’ve written for Blade Magazine and Knives Annual. I did a book on U.S. Knife Laws for Gun Digest. So, knives are a passion. I’m proud to say that I helped work on getting the jumpstart of the Knife Liberty Movement in the United States, working closely with Knife Rights and Doug Ritter. We started it in New Hampshire with the repeal of their knife ban on switchblade, dagger, Durk, and stiletto. Since that repeal back in 2010, you know, I lost track of how many, 20 plus, states have repealed their knife laws, and we’re going full steam ahead. Evan Nappen 01:48 So, I have an update here because you see knives are, of course, protected under the Second Amendment. The Second Amendment is the right to keep and bear arms. It’s not the right to keep and bear guns, its arms. And knives are included under the banner of arms. So many people have knives and love knives, and use dies every day. And it’s really important that we protect all arms that our Second Amendment right guarantees us. Knives are not only no exception, but a major part of the world that you and I love to live in and that is the outdoors. And the incredible utilitarian value that knives have in our EDC knife, or Every Day Carry knife and knives that we use in the kitchen, knives to use for hunting, knives to use for camping, etc. I’m sure you all have drawers full of various knives that you love. Some of you, like me, have so many that you don’t even know how you ended up with so many knives, but who cares? Because you can’t have too many knives. Evan Nappen 03:06 Now, the thing about knives is there is a prejudice to knives in the same way that there is prejudice to guns. The only difference is that guns have an organized anti-gun propaganda and money machine, funded by Soros and Bloomturd and folks like that with money in this movement. There are not really a lot of people that want to see rights taken away. There are some that are just authoritarian communists basically that want to get rid of our rights, but the majority of people don’t. These groups exert these influences, and it’s been a battle for gun rights. And we’re fighting and succeeding. Page – 2 – of 8 Evan Nappen 04:00 As many of you know, we’ve made tremendous headway, particularly in the courts with the absolute fantastic landmark Bruen decision by our hero, Justice (Clarence) Thomas. He wrote the majority opinion, and Bruen is having tremendous effect across the board as we battle these atrocious intrusions into our Second Amendment rights. And knives being arms, I’m proud to say that Knife Rights, which is, in so many words, the NRA of knives. In other words, they’re a group that focuses on defending knife rights, and they’re the largest, most successful knife rights group in America. Their chairman is good friend of mine, Doug Ritter. Evan Nappen 04:55 Well, Knife Rights has taken on the Federal Switchblade Act and has challenged the constitutionality of the Federal Switchblade Act, what we call FSA. So, the FSA, which is a federal ban on switchblades, was enacted in the late ’50s. And it was enacted in the same way that anti-gunners today put forward propaganda, working on emotion and not facts, as they try to disarm and disenfranchise every American. Back in the ’50s, when everyone knew that the cause of youth violence was the switchblade. Right? I mean, you just had to watch West Side Story or James Dean, and you knew it was the switchblade that was the culprit, causing the corruption of our youth. So, working on this emotion in the same way as anti-gun law proponents do today, they were able to pass the Federal Switchblade Act. The FSA created a ban federally on switchblades. But the federal ban is written in a very cumbersome, stupid way, that is, on one hand problematic, but on the other hand, helpful. Evan Nappen 06:36 Because it was done in ’58, they weren’t as sophisticated when they passed their anti-weapons laws. And this law, although there is a federal ban, the federal ban does not ban possession of switchblades in the United States, underlining states in the States. It does not ban possession in the States under federal law. So, if you’re just possessing a switchblade in your state, you can. There’s no federal law you can be charged with for unlawful possession of a switchblade. But what the federal law did do was it banned the interstate commerce, selling and transporting across state lines for furtherance of this, the switchblade knife. And by doing this, it created a problem for their continued sale because distribution and selling became the problem. It was up to individual states whether they wanted to have their own state bans. As you may know, New Jersey does, and we’ll talk about that in a minute. Evan Nappen 07:57 But the federal ban has some weird loopholes that you may not even realize about how bona fide dealers, who have contracts that can sell to the Government, are actually allowed to receive them via this narrow exemption. But they never defined what a bona fide dealer is. So, dealers who receive these knives in interstate commerce today, as long as they’re selling in a contract at some point, they’re sold to a police officer or military personnel, then they’re able to get these knives. But they’re not required to sell the knives that they receive in interstate commerce to only those folks. It’s just that is what exempts them to receive it. Once they have it in their possession in the state, then they only have to obey state law. Because of this contorted loophole, so to speak, ownership of switchblades has become widespread throughout free America. And we’ve made it freer with the Knife Liberty Movement. Page – 3 – of 8 Evan Nappen 09:11 Now with 36 states that allow for possession and carry of switchblade knives, the overwhelming majority having some ability to possess switchblade knives, it is time for the federal law to go, to be removed from the books, using the Bruen decision and its interpretation of how the Second Amendment gets applied to test the constitutionality of laws. The Federal Switchblade Act plainly cannot survive, and this is really great. Because once we wipe out the Federal knife laws, there will be no base, no foundation, of federal knife laws. We can clean up the states that still may have some knife laws here or there. We can do it both legislatively and via the courts, that’s how the Knife Liberty Movement works. In this way we preserve and reestablish complete knife freedom and liberty in the United States. This is such a critical step by Knife Rights in filing their federal challenge to the FSA to finally wipe it out. If they are successful, which I believe they will be, the impact of a federal court, particularly a Supreme Court decision, on this will then be utilized to wipe out the remaining state bans that exist. Then we can once again have knife freedom throughout America. Evan Nappen 11:10 So, what’s exciting here is that Knife Rights has not only filed their action in the Texas federal court, but they filed for a summary judgment motion, meaning that the facts of the case are not in dispute. They just need a legal opinion by the judge on the law as to whether the federal law is in violation of our guarantee under the Second Amendment. This is where the case begins. Now, of course, after the Fifth Circuit, regardless of win or lose, you’ll probably see an appeal to the Court of Appeals. Then from there, it could then go to the United States Supreme Court, potentially. In this case where Knife Rights filed their lawsuit, well, that is the same federal court and in front of the same judge, who is Judge O’Connor. Now Judge O’Connor is, in my opinion, another one of the modern heroes of Second Amendment juris prudence. Judge O’Connor is the same judge in Mock versus Garland, who invalidated the pistol brace ban in another lawsuit. He’s that great judge, who made it clear that the pistol brace ban is also unconstitutional and in violation not only of that, but also of the Administrative Procedures Act. You know, the way Biden jammed it through with his co- conspirator, Attorney General Garland. Evan Nappen 13:05 In addition to that on the pistol brace ruling, there’s serious ramifications from the judge’s opinion because this judge gets it. This judge gets it so much so that he made it clear how not only the pistol brace where the stay has been granted and all, but his ruling is placing plainly in jeopardy the SBR itself. The very National Firearms Act that prohibits a short barrel rifle. Because as he points out, all the short barrel rifle does is allow you to shoot more accurately and to use it in the manner intended, which is what the Constitution is all about protecting. So, this judge gets it. The same theory about this can plainly be applied to other challenges. I’m sure it will and is, including magazines and so-called assault weapons, etc. So, this judge’s great opinion on the pistol brace has even farther reaching potential. And this is the same judge that the FSA challenge is going before. The switchblade challenge is going for this great judge. Evan Nappen 14:20 Let me tell you some interesting things about the switchblade ban that you may not even know. Did you know that in 1958, when they were having hearings on this switchblade act, it was just a propaganda Page – 4 – of 8 dog and pony show to fool the public. Do you know that in the actual hearing, there was testimony, and this is right in the Senate report, that in the United States two manufacturers of knives, just two manufacturers at that time, had a combined production of over 1 million switchblades a year? Did you realize that in the 1950s, just two knife companies were making over a million switchblades a year? Even today, we see a tremendous amount, but we don’t call them switchblades. They are automatic knives. And why is this important? Because one of the things under Bruen is common use. Well, there’s no argument that switchblades are in common use. Their very own hearings of the day in ’58 made it clear. There were over a million a year being produced by two companies and that did not include what was being imported. So, common use? They can’t even argue anything about that. It’s a fact it was in common use. So, that gets the common use issue under Bruen covered. Evan Nappen 16:13 Because remember, Bruen said that an arm, which is in common use for lawful purposes, is what’s protected. Well, switchblades or automatic knives are plainly in common use and used for many, many lawful purposes. And look, it’s not just me saying they’re used for lawful purposes. Did you know that the Department of Justice opposed, yeah opposed, The Federal Switchblade Act in 1958? Imagine having a Justice Department that good, as opposed to what we have today, this weaponized anti-rights Justice Department. Instead, the Justice Department of the ’50s, well, here’s what they said about switchblades back then. They did not recommend that the FSA pass. And they said, by prohibiting the transportation of a single item which “is not inherently dangerous” they themselves knew it was not inherently dangerous, “but requires the introduction of a wrongful human element to make it so.” Imagine that. Imagine that. They’re actually blaming the person and not the item. The switchblade is not intrinsically evil. It doesn’t go run around and stab people by itself. Oh, no, no. It’s actually bad people. There is nothing inherently dangerous about a folding knife that opens automatically. And the Justice Department knew it, stated it, and went on record against it. Evan Nappen 17:57 They further said, “Switchblades in the hands of criminals are, of course, potentially dangerous weapons. However, since they serve useful and even essential purposes, in the hands of persons such as sportsmen, shipping clerks, and others engaged in lawful pursuits, the committee may deem it preferable that they be regulated by the state rather than at the federal level.” This was signed by William P. Rogers, Deputy Attorney General at the time. So, there you go. The Government itself at the time of the Federal Switchblade Act admitted that they are in common use, and they’re not inherently dangerous. This is why a summary judgment motion comes out now, saying, look, there’s no question about this. A switchblade is covered by what Bruen talks about – no question. Now they have to apply the test of history, text and tradition. It wasn’t until 1958 that we saw the first switchblade laws, which are way too new to even have any historical precedent as far as Bruen is concerned. So, this is an excellent legal challenge taking place that will have long range and long term implications not just for knives, but other things as well. And it’s yet another impact of the great Bruen decision. Evan Nappen 19:33 Now, you know, in New Jersey switchblades are defined differently than under federal law. The Federal Switchblade Act defines a “switchblade knife” as any knife having a blade which opens automatically by hand pressure applied to a button or other device in the handle of the knife or by operation of inertia, Page – 5 – of 8 gravity or both. That’s the Federal definition. But the state definition in New Jersey says, “Switchblade Knife means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of a knife.” So, they’re similar, but slightly different. The fact is that the key element in both the Federal and State law is that the blade opens automatically but it’s by a button or other device in the handle of a knife. So, the button becomes the key, or the other device, that makes it open automatically. Evan Nappen 20:48 Some of you, I’m sure, have seen what are called “assisted openers”, where you start the blade a little bit, and then it opens all the rest of the way automatically. To the uneducated, they might say, hey, that’s a switchblade. No, it’s not. The reason it’s not a switchblade is it doesn’t open with the use of a button or other device in the handle the knife. It’s simply assisted. You’re literally pushing the blade itself to start it. When you start thinking about just how silly the switchblade law is, when the assistant opener opens the blade automatically. It just doesn’t have a button. We’re federally banning folding knives because of a button. I mean, it’s just as stupid and as silly as it gets. So, what makes it prohibited? The entire mystery is in the laws of the emotions and everything in there. And what has it been applied to? Oooooo, switchblades, you know. But that’s not it at all anymore, especially in the modern day. It’s simply a folding knife, and it’s one of the safer folding knives. Because unlike other knives, it actually locks closed. Normally, folding knives don’t. Evan Nappen 22:10 So, this will hopefully open up the beginning of the end of knife laws via this court challenge, and I would highly recommend that you support Knife Rights. Join as a member to support their efforts as they fight for Knife Liberty across the board. They make such a difference. It is an arm that is protected, and we don’t leave any arm left in our fight for our Second Amendment rights. They all matter. As a matter of fact, the slogan of Knife Rights is, not the official one, but it’s one of their slogans, All Knives Matter. And in fact, all knives do matter. Switchblades or automatic knives are one of those that truly matter. So, please support Knife Rights. Evan Nappen 23:16 Hey, guess what? The clock is ticking. The clock is ticking, folks, on the recertification that you need to do for keeping your Carry Permit in New Jersey. Even though we got that great extension, it’s December 31. So, make sure you get your requalification if you’re a permit holder. Yes, the requirements have been substantially made simpler, and they focus now on what are the core fundamentals, core competency and that’s it. No more of this you have to be a SWAT police officer in order to qualify just to carry to defend yourself. But you still need to get it. If you’re thinking about applying to get your new carry that’s what you need to take. If you have an old carry permit, you need to requalify and get it done by December 31. Evan Nappen 24:16 Let me just tell you that a great place where you can get this done is WeShoot. WeShoot is a range in Lakewood, a great indoor range. They have fantastic trainers, and they treat you like family. They really are wonderful people. A buddy of mine went there, and he told me how thrilled he was. How great they treated him. He was like, Evan, you weren’t kidding. I said no, these guys are great. They really are. He Page – 6 – of 8 went and got his certification, and you can, too. It’s a great place to shoot right there in Lakewood. They have not only all the great facilities, but they do a lot of fun stuff. I’m looking forward to October 11th there to shoot the huge ballistic gummy bear that you can get. It’s like a gummy teddy. You can pick what gun you want and blast it. That looks like a lot of fun, and you get to keep the ballistic gummy bear that you shot up as a souvenir. It’s going to be fun. They do all kinds of cool stuff like that. It is a great resource. You really need to go to WeShoot. Check out WeShoot at weshootusa.com. Look at their Facebook page as well. They have great photography. And they are dedicated to their customers. You’ll see what I mean when you go there. It’s just a great place. I just want to remind you that they support Gun Lawyer, and I’m really happy they do. It means that I have the opportunity to tell you about all these interesting things that we all love. Evan Nappen 26:01 Another great sponsor is the Association of New Jersey Rifle & Pistol Clubs (ANJRPC). They are the premier gun rights organization in New Jersey. They are the group that is litigating in federal courts against the Carry Killer bill, against the assault firearm ban, against the magazine ban, making progress. My good friend and colleague, Dan Schmutter, handles their federal litigation, and I frequently talk with him. They’re doing great work. All together, we were able to get the changes, through the Association as the leader, we were able to get the changes to the No Serial Number (NSN) gun ban that had banned millions of guns. So much so, that the CMP (Civilian Marksmanship Program) quit selling guns to New Jersey. I mean, come on. You want to get a Garand from the CMP, but sorry, you have that stupid Jersey law that prohibits you. That has all been removed. So, you can get guns from the CMP again. The whole threat with NSN guns is all gone. We’re able to negotiate to get these training requirements reduced to just core competency. So, all those insane other things they were requiring, where there was a 40% failure rate, under the old standards. Folks, 40% of the people that wanted to simply defend themselves were being denied because they couldn’t pass the egregious, extreme qualification course designed for law enforcement doing activities that no average law-abiding citizen would ever have to do. Now because of the change to something more reasonable in requirements, the courses and those signing up for courses have dramatically increased. Individuals were being discouraged from applying under the old qualifications and that’s now changed. And that’s critical. Because every person that becomes not just a gun owner but someone who carries a gun for a defense, they have a vested interest in our Second Amendment rights. They become the strongest defenders because they know how much it personally means to them. And it makes all the difference. Evan Nappen 28:29 So, look, the Association is there, and they’re doing a tremendous job. They have a great newsletter. The best gun rights newsletter in New Jersey. The things that we fight in New Jersey spread in the anti-gun mechanism, their propaganda. They use Jersey as their experimental grounds. This is the front line on the battle for gun rights, and the Association is right there on the front lines defending it. So, please join anjrpc.org. Make sure you’re a member. Be part of the solution by joining ANJRPC. You’ll be glad you did when you look back and see how much we’ve been able to change things. Think how amazing it is, seriously, right now. Think about it. You can actually get a shall issue carry permit based on objective standards with a qualification course that you can actually pass. That carry was a virtual impossibility before Bruen, and the great work of the Association of New Jersey Rifle & Pistol Clubs. That’s a milestone – an amazing accomplishment. I’m sure many of us never thought we’d ever see that Page – 7 – of 8 day when we’d have carry in Jersey and here, we have shall issue. And this is just the beginning. Because as we get more and more folks doing that, eventually even New Jersey will have Constitutional Carry. You mark my words. It’s how every state has evolved, and we will, too. You want to be there as part of it, gaining our rights back. It’s slow. It’s incremental, but that’s how we lost them as well, folks. So, we’re doing great. We’re doing better and better every day. Evan Nappen 30:30 Hey, let me do one last thing before I get some great letters from my beloved listeners. And that is shamelessly promote my book. If you don’t have a copy of New Jersey Gun Law, you sure need it. It’s over 500 pages, and it has 120 topics, all in question and answer format. You know, New Jersey’s gun laws are so freakin complex. If you just start cold, you’ll never figure them out. But with my book, you’ll be able to. You’ll get an understanding, and you’ll be able to fully comprehend this insane matrix that New Jersey lays out for gun owners. I wrote it for that reason, and it’s a labor of love. Hundreds and hundreds of man hours and it’s the Bible of New Jersey gun law. So, get a copy of New Jersey Gun Law, and don’t forget to subscribe to the free updates. Just hit that QR code on the cover. They’re 100% free, and you will get alerts about anything new. You get full access to the subscriber archives. This book is a living book that stays current and updated. Usually within 24 hours of any change, I’m letting you know, by email, and you’re able to download it and stay on top of these changes. So, go to EvanNappen.com. It’s my name, and it’s a.com. EvanNappen.com. Click on the big orange book there and order yourself a copy. Evan Nappen 32:04 Hey, I have some letters. Let’s take a look at what some of the folks are saying. Here’s a good one. This is from Harris. We’ll just call him Harris. Hello Mr. Nappen. I have a court issued permit with my handguns listed on the court order. If I qualify with one gun under the new protocols, would that cover all my handguns on my court order? Thanks in advance. Well, we get this question a lot, and I’m going to tell you right now, it does not cover you. We have arguments about why it should, and I get that. But the reason it doesn’t is, if it’s court ordered, if it’s a court ordered permit, it’s a court order. Your permit has an accompanying court order that says this is what you must do. And that court order stands alone, as a court order. If you violate a court order, you can be held in contempt of the court order. Not only can they prosecute you for contempt of the court order, but you could face and will face your carry permit being revoked for not following the order that accompanied it. I know it’s ridiculous. But it’s how our laws work, and our laws often work ridiculously. And if you do not like that situation, the courts have barred you from going back to the court to try to fix it. Yes, they deny gun owners access to the courts, you can’t even believe it’s America, but they do. They do not allow you to go back to try to get that changed. Too bad, tough noogies. Where do you think you live, in America? No, you’re in New Jersey, don’t forget that. You cannot go back to the court even though it’s a court order. That’s contrary to the law. That’s contrary to the protocols. It’s contrary to what the State Police say. Sorry, you’re stuck. Evan Nappen 33:59 So, what can you do? The only thing you can do is you can give up that permit and go get yourself a chief-issued permit. With a chief-issued permit, one gun qualifies you, and you put any gun you wish to carry, as we’ve discussed on the show before, on the form and you’re covered. It doesn’t matter which gun you qualified with. As long as you put the other guns on the form that you might intend to carry, you Page – 8 – of 8 can carry them. But you can’t do that with a court issued permit. Like I said, one of the best things that ever happened with that Carry Killer law, if there’s any little nugget of gold in that whole crappy bill, it’s that they got judges out of the issuance of permits, because that’s what screwed us from day one, folks. That’s how “justifiable need” became the monster that it was to stop law-abiding citizens. It was Judge created. So, these judges don’t defend our rights. They don’t stand up for the Second Amendment. They do what they can to limit it and to disenfranchise us. Don’t be fooled. So, if you don’t like that, I’m sorry, but the only answer is to wait until your permit expires. When you get your new one, it’ll be through the chief, or give up the current one and get one that’s issued by the chief. Then you cannot be bound by that ridiculous situation there. Evan Nappen 35:23 Here’s a letter from Greg. Greg asks regarding pistol parts transportation. I know there are many restrictions on transporting a handgun. My question is, if I need to have work done on the slide only, can I transport just the slide without an issue? I’m asking because in order to get to the local shop, before they close, I need to take the slide to work with me and then go to the shop for the work to be done. The shop’s hours are such that I can’t get home from work and back to the shop before they close. Thank you for all you do, Greg. Greg, yes, you can. The pistol slide is not a firearm. The frame is. The slide is just a gun part, and it’s a lawful gun part to your gun that you want to get gunsmithing done on. Just possession of a slide, believe it or not, they don’t prohibit just possession of a slide in New Jersey. Now, if you manufactured the slide yourself out of metal, then they might claim you’re making those guns. But that’s not the case here. You’re talking about your slide on your manufactured, produced, commercial gun, and you just need to get some gunsmithing done. Just having a slide without the frame, without the firearm itself, is no problem. No problem whatsoever. You can have that with you and bring it from work to the gunsmith. Now, if for some reason your work has its own special bans on things, well, that’d be something between your employer and you. But there is not a law in New Jersey that would prohibit you just having that slide on your person. There’s no offense in New Jersey, believe it or not. No offense in New Jersey called unlawful possession of a pistol slide. Nope. Don’t have that one yet. Now, hey, maybe, you know, maybe this will inspire them to start creating even more new and absurd laws that have to be taken out with the power of the Bruen there, but at the moment, it’s not an issue. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 3 37:45 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S3 E154_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";

Type above to search every episode's transcript for a word or phrase. Matches are scoped to this podcast.

Searching…

We're indexing this podcast's transcripts for the first time — this can take a minute or two. We'll show results as soon as they're ready.

No matches for "" in this podcast's transcripts.

Showing of matches

No topics indexed yet for this podcast.

Loading reviews...

ABOUT THIS SHOW

Join America’s Gun Lawyer, Renown 2nd Amendment Attorney and Best Selling Author, Evan Nappen, as he pulls back the curtain and takes you behind the scenes for a rare, private inside look at the American Justice and Political System and the trials, tribulations, perils, and pitfalls of the changing Gun and Knife Rights in America today. Evan’s passion, quick wit, candid opinions, and engaging personality have made this one of the most popular Gun and Knife Rights Legal podcasts in America.

HOSTED BY

Evan Nappen, Esq

Frequently Asked Questions

How many episodes does Lifestyle – Gun Lawyer Podcast have?

Lifestyle – Gun Lawyer Podcast currently has 4 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.

What is Lifestyle – Gun Lawyer Podcast about?

Join America’s Gun Lawyer, Renown 2nd Amendment Attorney and Best Selling Author, Evan Nappen, as he pulls back the curtain and takes you behind the scenes for a rare, private inside look at the American Justice and Political System and the trials, tribulations, perils, and pitfalls of the changing...

How often does Lifestyle – Gun Lawyer Podcast release new episodes?

Lifestyle – Gun Lawyer Podcast has 4 episodes. Check the episode list to see recent publication dates and frequency.

Where can I listen to Lifestyle – Gun Lawyer Podcast?

You can listen to Lifestyle – Gun Lawyer Podcast on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.

Who hosts Lifestyle – Gun Lawyer Podcast?

Lifestyle – Gun Lawyer Podcast is created and hosted by Evan Nappen, Esq.
URL copied to clipboard!