Gun Lawyer

Episode 272- Jersey Spreads the Oppression  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript SUMMARY KEYWORDS Second Amendment rights, New Jersey gun laws, national firearm licensing, anti-gun oppression, domestic violence restraining order, federal firearms licensing act, gun control measures, gun rights suppression, gun violence prevention, gun rights advocacy, gun rights litigation, gun rights education, gun rights resources, gun rights history, gun rights updates. SPEAKERS Speaker 2, Teddy Nappen, Evan Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. So, New Jersey is spreading the oppression. New Jersey is like a cancer when it comes to Second Amendment rights, and it has to metastasize. This is really one of the primary reasons that Gun Lawyer, our show here, has reach that is further than just New Jersey, even though we focus a lot on New Jersey. But New Jersey is where we see the experimenting done at the cost of our rights, where we see the oppression in full force and effect. And we see their newest machinations coming from the Left wing, anti-Second Amendment, anti-American, think tanks getting their origins in New Jersey. Then spreading and then spreading, with an attempt to spread it to all of America. Evan Nappen 01:26 So, of course, we have New Jersey senators, strictly New Jersey senators here, that are now pushing a national gun licensing scheme, which is national Second Amendment rights oppression, to force the entire country into the agenda of disarmament via New Jersey style. And it is why you have to, we have to, keep the fight up here in New Jersey, which is the front line of the battle. We need to get our politics here changed, because the cancer has to stop. Evan Nappen 02:13 And here’s what they’re proposing right now. Granted, it’s not likely to pass in the current climate right now with Republicans in control, barely, but in control of both houses, and with President Trump at the helm. But it is something that tells you where the Democrats will go should they ever regain power again, and this is showing you just how far they will go to oppress our Second Amendment rights. I mean, it’s apparently not bad enough that the Democrats are so-called Democrat socialists, you know, communist light. But even just in terms of the Constitution that they are supposedly sworn to uphold, it is demonstrated as to be a false oath by them over and over again. Page – 1 – of 13 Evan Nappen 03:14 So, here is the current push, and by the way, this is from an article from Bearing Arms, and it’s by Tommy Knighton. It says, “NJ’s Senators Push National Gun Licensing Bill”. (https://bearingarms.com/tomknighton/2026/01/04/njs-senators-push-national-gun-licensing-bill- n1231085) So, who are the culprits here? Who are those oppressors out of New Jersey? Well, of course, it’s Senator (Corey) Booker and Senator (Andy) Kim. They’ve introduced this legislation, and they’re calling it the Federal Firearm Licensing Act (FFLA). Now, don’t confuse the title. Teddy Nappen 03:43 Doesn’t Cory Booker ever stop talking. Evan Nappen 03:46 Yeah. Don’t confuse this Federal Firearms Licensing Act with the way we traditionally think of an FFL as being a dealer. No, no, no. What they’re doing here, and maybe it’s part of their attempt to fool the public, I don’t know. But it would mandate that every American obtain a Federal Firearms License before purchasing or receiving any firearm. So, if you want to purchase or receive a firearm in America, you’re going to have to get an FFL. Now, this obviously isn’t a dealer FFL. It’s just a private person wanting to exercise Second Amendment rights FFL. This is apparently one of the most comprehensive federal gun control measures, what I prefer to call Second Amendment oppression measures, requiring and establishing a nationwide licensing system. Putting numerous new requirements on every American. Evan Nappen 04:59 Under this proposed legislation, you would need to complete a mandatory firearms training safety that includes both written and hands-on instruction before qualifying for a license. And this is a license just to obtain a firearm. This isn’t to carry a firearm. The Attorney General will then conduct background checks on every applicant, and the FBI would perform regular compliance checks to monitor license holders. So, you’re going to be constantly monitored by the FBI, as well as having to go through this. Each license will expire after five years, requiring gun owners to renew their permission to purchase firearms. And, of course, if the license expires and you don’t renew it, you’re losing your guns and your gun rights. And this is what the oppressionists, what New Jersey’s senators, are putting forward to try to create a national firearm licensing scheme. Of course, it has the end game of utter confiscation and to turn us into, you know, the U.K. basically. Evan Nappen 06:19 The bill will fundamentally alter how Americans can buy and sell firearms privately. Unlicensed individuals could no longer transfer to other unlicensed individuals. Instead, all transactions have to go through dealers, and selling or transferring a firearm without a Federal license issued within the previous 30 days would be illegal. Sellers are mandated to report transactions to law enforcement, etc. So, you can see this is just scratching the surface of this so-called Federal Firearms Licensing Act. It’s designed for the furtherance of their agenda. And this agenda we see come alive in New Jersey. How New Jersey citizens are turned into criminals. Law-abiding citizens turned into criminals by New Jersey Page – 2 – of 13 gun law. I deal with that every day, defending my clients who Jersey has made into law-abiding criminals. And this is something that they want to spread to the entire United States. So, beware. Evan Nappen 07:35 And keep in mind the history of gun rights oppression, beginning with New Jersey, and spreading to the entire U.S. is documented through a number of laws. For example, New Jersey first had the domestic violence misdemeanor and/or restraining order gun ban. New Jersey had it as a state law first, where if you had a domestic violence restraining order, or what New Jersey calls a disorderly person. We can view it as a misdemeanor offense. Concerning domestic violence, then you became a prohibited person to have a firearm. That was not a national law. That was state law. New Jersey was one of the originators of that law. Evan Nappen 08:22 And, of course, it was something that radically departed from what were traditionally prohibited persons. It had to be felons, convicted felons, and originally, it was violent felons, but at least you had to have a felony conviction. But now what you saw was misdemeanant, misdemeanant, a misdemeanant, suddenly having a gun disqualifier. And even less than being a misdemeanant, somebody with a civil restraining order became forfeit, disenfranchised of their Second Amendment rights. And New Jersey did it first to its own people. Then Senator, the corpse, Lautenberg, as you may recall, put it forward federally, and it became federal law by a New Jersey Senator. Creating new disqualifiers for domestic violence restraining order and/or domestic violence misdemeanor. Thereby, retroactively, by the way, because there’s no ex post facto when it comes to a civil disqualifier. Retroactively disqualifying hundreds and hundreds of thousands of people that were lawful gun owners into being unlawful gun owners. And lowering the bar for a loss of Second Amendment rights. Evan Nappen 10:01 This has impacted thousands of people in their gun rights, criminal prosecutions, et cetera. And, of course, no piece of paper ever actually really protected somebody. I mean, that’s a joke. You know, these restraining orders are feel good more than anything. I mean, good luck. I mean, we’ve seen case after case where, yeah, the person had a restraining order, and they still became victimized by the person who was restrained. And even taking away guns from the person who has the restraining order. Yeah, oh, there’s no way that they might get another gun, right? So, that thousands of people get their guns seized. Teddy Nappen 10:49 Or, the classic. He threw pretzels at me! Evan Nappen 10:52 Right! Oh, God. Teddy Nappen 10:53 Or where you get accused of something that isn’t true, that they make stuff up and there’s clear falsification. And then. Page – 3 – of 13 Evan Nappen 11:00 Teddy, you’re so right. As soon as that TRO, Temporary Restraining Order, issues based on the flimsiest of allegations, with you having no say whatsoever. And, you know, it’s harder to get a sandwich at Wawa, than to get a TRO issued against somebody. You now have to go to court. Your guns are going to be seized pursuant to that TRO, and you’re going to have a fight, not only on the allegations, but also on trying to regain your rights. And it’s just a nightmare that can be triggered on the flimsiest of allegations. We see it all the time. And oh, well, that’s not politically correct. Well, it doesn’t matter, folks. I don’t do this show so I can maintain political correctness. Evan Nappen 11:46 I’m telling you what I see as a practicing attorney all the time in this area. I see the abuse, abuse of rights, okay? I see this system being abused against individuals. None of this means that I’m in favor of someone being domestically abused, being violently abused in any capacity. I don’t want to see anybody abused. But that doesn’t mean that we do not talk about the actual effect that we see happen over and over and over again when it comes to the Lautenberg law that started with New Jersey and became federal law by New Jersey senators spreading the cancer, spreading the oppression, to the entire United States. So, that’s why this bill that you may think right now is not a threat, but don’t underestimate how important it is to be aware of it and to know that this very well could become reality. Because other bills in the past that were thought impossible, too, become law have become federal law. So, New Jersey is the state to watch when it comes to the danger to our Second Amendment rights. Evan Nappen 13:08 Now I have a letter here from Ask Evan, and this is from Ron. Ron says, I hope you had a Merry Christmas and a Happy New Year. Well, thank you, Ron. I’m not sure if this is in your area of expertise, but I’m interested on how to handle fish and wildlife officers when hunting with a firearm. With open fields and extended powers granted them, what are we required to do and say to them when approached in the field while hunting,? Are there any recommendations or common issues you encounter how to prevent becoming a gun owner mess up of the week? I like how you call this. It’s a GOFU. You don’t want to be a GOFU, and I appreciate that you don’t want to be a GOFU. Teddy Nappen 13:45 Oh, check every, check every bush. Check every bush when you go out hunting, because you may find a fish and game officer. Evan Nappen 13:50 Hiding behind any bush, right? So, yeah, that reminds me of, I don’t know if I should tell that joke about. The law professor, the appellate judge, and the trial court judge all went hunting. So, they’re out hunting, and in front of the appellate court judge, the bush shook and moved, and out walks a deer. Now the appellate court judge looks at that and says, okay, there’s a three-part test to determine if that deer is a deer. You know, you gotta look at the antlers. You gotta look if there are any. Then you gotta look at the hoofs and the tail. And by the time he does a three-part test of the appellate judge’s determination, the deer is gone. It took off. Next thing you know, in front of the law professor, another little bush shakes and out walks a deer. And the law professor knows it’s a deer, but before he shoots, Page – 4 – of 13 he says, you know what’s the societal impact of me shooting this deer? I wonder how it might affect civil rights and current DEI requirements and all that. By the time he finishes all his social considerations, that deer is gone. Next thing you know, in front of the trial court judge, the bush shakes, and the trial court judge immediately fires into the bush and says, damn, I hope that’s a deer. Anyway, I know if you’re and maybe, maybe you have to be a lawyer to appreciate it, maybe you don’t. Evan Nappen 14:36 Anyway. Well, back to the hunting and fishing question here, Teddy. Sorry to torture people with that. And it’s a really good question. And what it says is, what do you do in this situation. Well, here’s the deal. Law enforcement is law enforcement. Fish and Game Officers are law enforcement officers, and they’re proud to say they are. So, the question is, do you have to talk to law enforcement? And the answer is, no, you don’t. You don’t have to talk to law enforcement. Now, what you do have to do, though, is you have to provide your pedigree information. I mean, if they asked to see your license, I would suggest show them your license and identifying yourself as you would with any officer, your pedigree information. But I would not talk anything about your activities in the field. I would not talk about anything about anything. Evan Nappen 15:40 I mean, if they walk up to you and you have your gun, then they want to make sure that things are safe. So, they may ask to secure your firearm in some manner, and it’s best to cooperate with that. But as far as what you say, you have a Fifth Amendment right to remain silent. You have a Sixth Amendment right to an attorney. You have no obligation to speak to them about any other questions they may have about having to do anything that requires you to say something without a lawyer, other than what I would just leave as identification and pedigree as to who you are, but that’s essentially how it is. And you know, if they say, hey, we want to search your vehicle. No, you do not consent to them searching your vehicle. If they’re going to search no matter what, then they’ll do whatever they’re going to do. But you are not going to consent to it, and that’s the difference. Evan Nappen 15:40 The problem is that with Fish and Game violations, you can end up having your gun rights in jeopardy. They will attempt to use your hunting violations as public health, safety, welfare, character assassination type tactics. Where they will say, oh, you didn’t hunt properly, or follow the hunting laws, etc, with firearms. And then they’ll use it to try to then take away your gun rights. So, there is a risk when hunting that hunting charges can jeopardize your gun rights by them using what I call the all- inclusive miscellaneous weasel clause, also known as “public health, safety, and welfare” of the 58-3 licensing requirements. They will take your hunting violations and try to push it into a claim that somehow you’re a danger. So, you have to be careful with having hunting violations, because, yes, it can directly come into conflict and cause problems for your Second Amendment rights on possession of firearms, generally speaking. So, always stand on your rights and be aware that your rights don’t just disappear because the Law Enforcement Officer you’re dealing with happens to be a Fish and Game Law Enforcement Officer. Page – 5 – of 13 Evan Nappen 15:55 Hey, let me tell you about our friends at WeShoot, which is a range where Teddy and I both shoot in Lakewood. We love WeShoot. Well, they’ve been spotlighting some of their instructors, and they have really top notch instructors. They are highlighting about their expert instructor, retired Detective Sergeant Jim Weinberg, aka Rabbi Jim, folks. That’s right, Rabbi Jim is a legendary instructor at WeShoot, and Rabbi Jim is really top notch. He’s had a lifetime of service. Over 30 years in law enforcement experience in both the Union County’s Prosecutor’s Office and as Union County Police Officer. And he spent two decades with SWAT/UCERT operator. He’s trained thousands, and he’s a PTC Certified Instructor as well. That’s for Police Training Commission purposes. And he served as a Fire Instructor at the police academy. And so he is one of their great trainers at WeShoot. He can do the RPO qualifications, and he can do CCARE. And he has a great teaching style. Jim is just one of the great instructors that you can have instruct you at WeShoot. Evan Nappen 20:50 It’s amazing resource that we have right there in Central Jersey, easily accessible off the Parkway. They have a great pro shop, great staff and a great range. I mean it. We love WeShoot, and so will you. Go to weshootusa.com, weshootusa.com. Check out their website. You’ll find they have wonderful photography and, of course, you want to check out the WeShoot girls that have great guns and other things that they display proudly that you will love to see. And you can find those at the pro shop. They often run great sales and deals. So, make sure you check out weshootusa.com. Evan Nappen 21:39 Also, I want to mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. Boy oh, boy, things are heating up. We have some major litigation that we’re going to see some major results on in the Third Circuit, where the full panel has agreed on a number of our issues to do the review. We’re cautiously optimistic here about seeing some real important wins in terms of the case law. The Association is there at the forefront on this litigation. Very exciting. Regarding so-called assault firearms and large capacity magazines, which we prefer to call standard capacity magazines and assault firearms. Man, the pejorative terms of the Left. They’re just so ridiculous. Evan Nappen 22:35 Anyway, the bottom line is, it’s not just words. It’s the effect that these wacko definitions that they put into law arbitrarily turn us into criminals, and that’s what has to end. I’m cautiously optimistic that the court is going to do that. The court is going to step up and finally address these key issues in a positive way for our Second Amendment rights. I mean, folks, I know it gets depressing out there with how we’re treated, but the truth is, we are making tremendous progress. We really are. Between President Trump’s administration and with the Supreme Court and with his appointment of judges throughout the federal court system, we are seeing great progress. I’m really excited for it, but we have to stay vigilant. As you know, the Association of New Jersey Rifle & Pistol Clubs will help you maintain your vigilance. Go to anjrpc.org, and make sure you join as a member. You’ll get those email updates, and you’ll be glad you did. Page – 6 – of 13 Evan Nappen 23:50 And let me also shamelessly promote my book New Jersey Gun Law, which is the Bible of New Jersey gun law, and you will enjoy it immensely. And you can say to yourself, how does a state like New Jersey even exist with this insane matrix of laws? But at least you’ll know because you have the book on how to safely navigate through them. So, get your copy of New Jersey Gun Law today. The 25th Anniversary Edition is available from EvanNappen.com Hey, that sounds like my name. Well, in fact, it is. Go to EvanNappen.com, and you’ll see the big orange book there. Get your copy today. Make sure you scan the front QR code and join my private subscriber base. I will send you out updates, and you’ll be able to access the archives. And I’m working on what will be the 2026 Comprehensive Update. We’re waiting to see if laws that have passed get signed into law, which I expect any day now they will be. And then I’m going to be putting out the update. So, you want to make sure you have the book and belong on the subscriber base so that you can stay current. Teddy, what do you have for us today? Teddy Nappen 25:03 Well, as you know, Press Checks are always free. And because it’s the new year, we always gotta check in on the gun rights suppressors and what’s the latest of their propaganda. They decided to put out a report card like they’re, like they’re, a teacher scolding the states for failing to apply their gun rights oppression. (https://giffords.org/lawcenter/resources/scorecard/) But New Jersey, who is the teacher’s pet, got an A. Evan Nappen 25:34 Of course, New Jersey got an A. What does the “A” stand for? Teddy Nappen 25:37 “A” stands for anti-gunners. Also, for New Jersey, the Bloomberg check cleared. So, obviously they’re going to push for it. So. Evan Nappen 25:46 I thought a stands for “a holes”. Teddy Nappen 25:49 That works, too. But yeah, they break it down in that. You can go to their website and check it out. They make it very convenient to click and compare/contrast states. By the way, New Hampshire got an F. So, good job. Evan Nappen 26:03 Oh, New Hampshire, good. F for freedom. Teddy Nappen 26:06 F for freedom. Yep. F for freedom. A for anti-gunners. That’s how we look at it. But I love how they tote it. Which is gun law strength rank, number two. Sorry, they lost. I guess California still wins the day. Teddy Nappen 26:19 Really? Wait, who was number one? Page – 7 – of 13 Teddy Nappen 26:24 From pulling up from that, pulling up, I believe it was California. Evan Nappen 26:28 That makes sense. Teddy Nappen 26:30 They went. Yep, California is number one. Yeah, congratulations to California. Good luck. Good luck. How are the fires? Anyways, I love how they tote the gun death rate ranking, one of the lowest gun death rankings. They always love to tote that. And what is gun deaths? Well, anyone who’s been shot by a firearm, regardless. They count and they misconstrue and put a stamp on it. And by the way, a lot of the other states don’t like to report. Evan Nappen 27:05 They push these false statistics. They’re just such liars. They’re unbelievable. They just, you know, they contort the statistics to make it fit their agenda. It’s that simple. Teddy Nappen 27:17 Yeah, it’s what they do. And they highlighted New Jersey’s investment of nearly $34 million in community violence intervention programs. What does that translate into? Oh, the domestic violence programs, all the anti-gun, you know, NGOs to fund our gun right suppression. Basically, when they say that, it’s them saying New Jersey is paying Democrats to take away your rights. Evan Nappen 27:45 Good way to translate it. Teddy Nappen 27:46 Yeah, just from following the money. I do love the comment section. Again, I’m treating this like a teacher going over. Well, you did a very good job. However, for a way to improve, expand your firearm responsibility laws, aka make a law to circumvent the PLCCA so that you can sue gun companies to create gun deserts. They want to require prohibited people to relinquish their firearms, even though prohibited people aren’t allowed to possess firearms. But that’s just, you know, they’re just, they’re just throwing something extra out there. And to raise the minimum age for purchase or carry a firearms to 21. I mean, at this point. Evan Nappen 28:33 Raise the age for guns, but they want to lower voting to 16. It’s amazing how certain civil rights should have high ages, and other civil rights have low ages. But we can’t just say the age of majority for everything, God forbid, right? 18. Teddy Nappen 28:50 I know. I know the you know the age should be 20. You know, I wonder what would happen to the Dems when you hear the age 21 to vote? Yeah. Page – 8 – of 13 Evan Nappen 28:59 Yeah. Right. Just apply anything. Or freedom of speech. That’s the other one. Yeah, before you can say or you can do anything. Before you can voice your opinion, you need to. Teddy Nappen 29:11 After getting approved from the Government to speak. Evan Nappen 29:13 Right. Prior approval and taking training courses with licensure. Teddy Nappen 29:20 Well, they already want to do that. Evan Nappen 29:21 So that every right is registered. Teddy Nappen 29:24 Well, you have to have the safety of language, because words are violence. Also silence is violence. It actually kind of reminds me of when I had to do the ethics. Evan Nappen 29:34 Wait, they said that silence is violence? Teddy Nappen 29:36 Oh yeah, that’s the game the Left play. Either. Either you cannot say those things because those are mean. But also, silence is violence. The only logical thing you can do is agree with us. That is their logic, and it’s quite disgusting how they play that game. Evan Nappen 29:54 I like that. Silence is violence. Teddy Nappen 29:56 Silence is violence but also, don’t use hurtful language. Figure that out. It’s a trap. That is the game they play. Evan Nappen 30:01 Why did you shoot that person? Well, because he didn’t say anything and silence is violence. Teddy Nappen 30:06 It honestly reminds me of when we had to do the ethics course for when you’re when you become a attorney. The certification they do. This woman comes up and then says to everyone, everyone on Zoom. By the way, they said to us in the very beginning, no one make comments to the speakers, Page – 9 – of 13 please. We know there’s disagreements, but this must be said. She gets up on the podium and says, you are not a comedian. Do not make jokes. That is offensive. Evan Nappen 30:06 Do not make jokes? Teddy Nappen 30:12 Do not make jokes. And my first thought was, my God, you are the problem with society. Like you can’t make jokes. I’m like, oh, my God. So yeah, but getting back to the. Evan Nappen 30:14 No jokes. Wasn’t that from Zulu? Remember when he was talking? Teddy Nappen 30:55 No, no, no. He says. Evan Nappen 30:56 What did he say in Zulu? Teddy Nappen 30:57 The sergeant, the Sergeant, Sergeant, yes. They say, no comedian. Evan Nappen 31:02 No comedian. Teddy Nappen 31:05 He’s going through like, he’s going through roles. Evan Nappen 31:08 Right. Because they’re getting ready for battle. Teddy Nappen 31:10 After the battle, he says Hicks? You’re alive. Say your name. Oh, I’m alive. Thank you, sir. No comedians. Yeah, I will give this card one thing important that I like. It basically lays the whole groundwork of them chastising the Trump administration for its very pro-gun activities they’ve done throughout the Government. Evan Nappen 31:42 Criticizing President Trump for expanding Second Amendment rights? Okay, so do they make a list or something? Teddy Nappen 31:48 Oh, they made a wonderful list. And I was like. Page – 10 – of 13 Evan Nappen 31:50 Let’s hear all the terrible things President Trump has done in expanding Second Amendment rights. Teddy Nappen 31:55 Cutting $800 million of public safety grants, and $150 million to the violence intervention and prevention programs. Evan Nappen 32:03 Nice. The propaganda arm. Teddy Nappen 32:05 Yeah, all that. And then going after ending the Office of Gun Violence Prevention. You know, all the horrible laws that we’ve been getting in the SAFE offices? Those were created by the Office of Gun Violence Prevention. Trump ended that office and then created. Evan Nappen 32:24 That was propaganda office of Biden. Teddy Nappen 32:28 Correct. And he ended that. Also the dealer regulation. This is them saying it. Dealer regulation, gun hardware. Trump has considered many cuts to the ATF and removing core ATF policies for penalizing gun dealers. You know. Evan Nappen 32:43 Those were outrageously bad. Teddy Nappen 32:46 One screw up and you lose your license. Evan Nappen 32:49 Yeah. So, that was great that he got rid of all that. Teddy Nappen 32:53 Gun Violence Research Policy cut hundreds of staff to the CDC and, you know, another propaganda department, pumping out false data and oversaw allocation of research grants, you know, to oh, Bloomberg’s college. Evan Nappen 33:07 Yeah. Because they want to make it a health issue so they can regulate it in that manner. And it’s not a health issue. And yet, they want to put it in that context, so then they can Page – 11 – of 13 Teddy Nappen 33:18 Then the big highlight, which I’m laughing that they actually know about this, the One Big, Beautiful Bill where it removes the tax requirement for gun silencers. They were trying to put a short barreled rifles, sawed off shotguns. I know those two. I don’t I don’t know if those two made it. Evan Nappen 33:35 Any other weapon. Suppressors, any other weapons. And by getting rid of the tax, the idea there is now we’re in litigation that the entire NFA needs to go. And, of course, with success with that lawsuit, where if there is no tax, then it loses its justification for existence. Then we can actually legalize machine guns by way of a simple reconciliation bill where we remove the tax through NFA even on machine guns. That’s how we’ll get the job done. Teddy Nappen 34:10 Take me back four years ago and tell me there would have been a bill put forward to effectively kneecap and shatter the NFA. That is the earth shattering power that this administration has done. Evan Nappen 34:26 And think about this. For the first time since 1934 when this was enacted, we’ve actually been able to take a piece out of it, and the piece has been the actual money that’s been collected. And by the way, there’s been a boom since the tax is gone, in people getting suppressors and getting these other things, even with the law still in effect. I have recently seen that the turnaround time on getting suppressors without having to pay the tax is very quick, as quick as one day. Even electronically, I’ve been hearing. So, it’s very fast turnaround, and it’s being done without having to pay the 200 bucks. Now, of course, if you live in the gun right suppression state of New Jersey, the state still bans silencers. But that’s currently being challenged in court as well. At the moment, you can’t have a suppressor because New Jersey is in favor of gun owners damaging their hearing and making sure that it is as unsafe as possible for any gun owner in terms of hearing protection. But we should see that litigation come to fruition shortly. Anything else on the list that President Trump has done? Teddy Nappen 35:43 Oh, they were going after, of course, the forced reset trigger. They’re trying, oh, yeah, that we’re like. No longer will the ATF come breaking down your door or trying to get, you know, going through and, you know, creating their own work by then saying, oh, it’s fine. And no, it’s not. And then going after innocent people who are making a purchase. It’s the level all these things. I just tell these people. This is as pro-gun as we could possibly get with this administration at the moment. And there’s still more to come, because we’re in the second year. We’re just starting the second year. Evan Nappen 36:21 I know. I know it’s just the beginning of our Christmas gift list of fun. So, it’s great. All right, well, so long as we keep making progress, which we are. But let me tell you about this week’s GOFU, which is, of course, the Gun Owners Fuck Up. And it’s important to know this so that you don’t end up having an expensive lesson learned, where you get to learn it on the cheap. You get to learn it free from the show. So, these are based on actual cases, actual clients, actual real GOFUs that I’ve seen. This week’s GOFU has to do with make sure you know the dates of your gun purchases, because New Jersey has Page – 12 – of 13 one gun a month, right? One handgun within a 30-day period. You can’t get more than that. So, I always look at one gun a month as kind of the gun of the month where you have to buy one every 30 days. But whether or not you want to take that approach or not, the problem is, don’t attempt purchase within the 30 days, even by accident, because it’ll have ramifications. It gets picked up on because of how the system is designed. If you even inadvertently end up in that more than one gun within 30 days, you can have serious problems. So, be very cautious. I’ve even had debates over the counting in terms of hours for the difference. Make sure you have a good buffer in there until we knock that law out as unconstitutional, which it really should be. I don’t want to see you have a GOFU in which the purchase within the 30 days triggers an escalation to seizure, revocation and possible criminal charges. The whole nine yards coming down on your head. Keep the count of days accurate and clear. Evan Nappen 37:07 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 37:30 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 Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Page – 13 – of 13 Downloadable PDF TranscriptGun Lawyer S5 E272_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  talkback@gun.lawyer Join Evan's InnerCircleHere's your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

Episode 271- New Year – New Challenges Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Gun Lawyer — Episode 271 Transcript SUMMARY KEYWORDS Second Amendment, New Jersey, gun oppression, Bruen decision, carry permits, violent crime, John Petrolino, high capacity magazines, gun training, NRA classes, self-defense, gun laws, gun rights, gun ownership, legal battles, gun journalist. SPEAKERS Teddy Nappen, Speaker 2, Evan Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:16 And I’m Teddy Nappen. Evan Nappen 00:18 And welcome to Gun Lawyer. Well, I want to thank all of my listeners and supporters, because on The Gundies Award for Podcast of the Year, I’m proud to tell you that Gun Lawyer has made the top five. And so, as one of the top five nominees, we are now in the running to see whether or not we win the Podcast of the Year. But I’m very honored to have made the top five, and I appreciate all of you that took the time to vote for Gun Lawyer. It’s a great way of getting a statement out there about what we believe in and what we fight for here. You know, our show does have a lot to do with what’s going on with New Jersey, because New Jersey is, as you know, the worst state in the country when it comes to oppression of our Second Amendment rights. And by bringing more and more attention to it, we shine that disinfectant of truth out there. So, this is important, and we want to keep up the keep the pressure. Teddy Nappen 01:44 Do you know what we should do for when we for the awards, we don’t go to accept it. We instead send a couple people who are recently released from the Gun Owner Gulag to accept the award. Yeah, like Marlon Brando sent Evan Nappen 02:00 Yeah, right. We’ll send someone from the Gulag to accept the award. I spent three months just to get out, even though I was innocent of all charges. You know, it’s just insane what New Jersey is doing. We’ll be reporting on the new laws that the Governor has yet to sign, but it appears that he will sign further oppression of our Second Amendment rights in New Jersey. And what you have to be aware of so you can protect yourself, because it is really just the extreme government action focused on attacking the Constitution. I mean, that’s what New Jersey is doing. It’s a fact. They try to contrive every conceivable angle to further deteriorate a Constitutional right. Instead of doing everything they can to Page – 1 – of 10 try to protect it, they do everything they can to try to diminish it. That’s the evil of what the New Jersey government is all about, and that’s really what it is. Evan Nappen 03:18 It is anti-rights, anti-Constitution. They are oppressors, and good people suffer. Good, law-abiding citizens suffer. This isn’t an academic exercise. Real people go to jail. Real people have their lives destroyed. Real people have their careers destroyed, their freedom taken and their families destroyed, over this garbage that New Jersey does in turning law-abiding citizens into criminals. I see it every day in the practice of New Jersey gun law. And the purpose of gun law, Gun Lawyer, of this radio show, is to bring attention to this. To help you, the listener, protect yourself from the evil oppression that is New Jersey. And they will, without any care, destroy you if they can, to promote their agenda, their agenda of destroying guns and gun owners. And this is what I see. Okay? This isn’t just hyperbole. It isn’t some made up fantasy. It is literally what I see happening to individuals as I practice in the, in this very area of New Jersey gun law. And it shows you when you have states that are following this agenda, how they destroy good people. So, you’ve got to be careful, especially in New Jersey. But do not give up. Maintain the fight. Stay vigilant. It’s critical. In the big picture, we are winning. New Jersey is going to get its head handed to it. I’m confident in the court decisions that we’ll be seeing. We will succeed. But in the meantime, it’s a battle. I want to see the least amount of casualties on our side in this battle, but it’s a battle nonetheless. Evan Nappen 05:24 And on that point recently, there was an article by one of my favorite writers, Dean Weingarten, who posted this in AmmoLand. He makes a very interesting point about what happened to the homicide rate after the Supreme Court’s Bruen decision. (https://www.ammoland.com/2025/12/what-happened-to-the- homicide-rate-after-the-supreme-courts-bruen-decision/) So, you know, we have this great Second Amendment decision in Bruen that establishes our right to self-defense outside the home and that actually finally enables the carry permits to have to be issued by the anti-gun oppression states like New Jersey that were using the trick of “justifiable need” to stop law-abiding citizens from being able to have a gun to defend themselves, and the legal barrier that the courts created knowingly to oppress rights was working. Evan Nappen 06:25 You know, we had less than 600 carry licenses. And the Bruen decision handily eliminated that, so that licenses had to be issued. Now we’re in the, you know, 60, 70, 80,000 licenses. The number is hard to pinpoint, but it’s constantly growing. And this is great that so many citizens now can be defenders instead of victims. But New Jersey, of course, embarked on trying to limit where you can use your carry. Hence, the “sensitive places”. This crazy matrix of where you can and can’t carry which is also the subject of a court challenge, and we should be seeing some great outcome there, as the, as the Appellate Court has taken on that issue again. Seeing New Jersey’s gun laws go up in flames and go to the garbage can, the garbage heap of history where they belong. Evan Nappen 07:29 But this article from Dean Weingarten about what happened to the homicide rate after the Bruen decision is really very interesting, because it’s a very interesting question. I mean, what this goes to is, Page – 2 – of 10 every time there is anything that is pro-gun rights, pro-enforcing our Constitutional rights, anything that expands our ability to exercise our rights, the anti-rights crowd, the oppressors, will shout what I call BITS, bits. Which is Blood In The Streets. There’ll be blood in the streets. You know, this is going to be the Wild West. This is going to be, you know, just the sky is falling, right? Every time, every time. And so, of course, the prediction was, if we have carry, we’re going to have blood in the streets. And it’s going to be terrible and all this mayhem. And guess what? The opposite, of course, the opposite. The opposite happened. Evan Nappen 08:31 Because as Dean points out in his article, it says. “As of the latest numbers of October 2025, the 12- month running average of violent crime has dropped 14% since June of 2022. The drop in murders is even more pronounced at 39%. The numbers are from the tools provided by the Real Time Crime Index.” How about that, folks? Murder down 39%. Violent crime down 14%. This is tracking, as you and I always knew it would, when law-abiding citizens can defend themselves. Now, of course, it’s not the only reason that violent crime and murders have gone down, but it is absolutely a contributing factor. And the antis are always quick to say. Well, if it just saves one life, we need to. Well, guess what? How many lives have now been saved by the expansion of our rights to carry and defend ourselves since the Bruen decision? Way more than one life, that’s for sure. Lots of lives, lots of lives are being saved because of Constitutional freedom being expanded and protected and preserved. So, this is important to recognize and to force our adversaries to face the fact that guns save lives. That trained law-abiding citizens are lifesavers, and that firearms are protection that is effective. Not just to that individual defending themselves or their families, but in the big picture, the statistics themselves speak to the benefit of it. Evan Nappen 10:54 Hey, I would also like to mention our good friend, John Petrolino, who does amazing journalistic work. And it’s not just me saying that. I’m happy to mention that John recently was given an award, and actually more than one from the New Jersey Society of Professional Journalists. (https://bearingarms.com/camedwards/2025/12/30/petrolinos-coverage-of-new-jersey-2a-issues-earns- accolades-from-surprising-source-n1231070) They announced winners of the 2025 Excellence in Journalism Awards. And we’re talking about winners that include the New York Times, the Asbury Park Press and Politico. Evan Nappen 11:39 Well, lo and behold, there’s John Petrolino, one of the contributors for Bearing Arms and a great writer. He really has done tremendous work in New Jersey, and he won first place for “Best Coverage of State Government” for his series of articles highlighting abuses of the “shall issue” carry permit system. These very abuses of which demonstrate institutionalized racism. He documented excessive wait times and how the number of black applicants are discriminated against. And this research was, in fact, corroborated by the group Rise Against Hate, which, you know, they’re normally not a 2A group. And he won first place also for “Best Coverage of Municipal Government for his Bearing Arms story “Permit to Carry Denial Over a Driving Record?” And he’s really gotten praise here from his fellow journalists, and I think it’s great. Because not only does he deserve it, but imagine, you know, we’re talking about real journalism here, not the propaganda that the lamestream media throws at us. I mean, we’re talking Page – 3 – of 10 about real journalism that puts out a product that is otherwise not being seen, and in doing so, aids our Second Amendment rights and helps fight the oppression with the disinfectant of truth. John, congratulations on your awards. That is just really great, because when you win, we win, and it gets the message out. So, that’s a great job, and we’re proud of you. Evan Nappen 13:56 Hey, let me mention our good friends at WeShoot. WeShoot is a range in Lakewood, and they have got some great specials focused on training, including some great price drops. They are putting forward new prices to save money to get folks training. They’re doing it to make training easier and less expensive. So, they’re offering the USCCA and NRA CCW classes now at $225 down from $299. So, it’s even more affordable. This includes the New Jersey concealed carry class as well. You can get your CCARE and get your carry permit. They are great. That’s where Teddy and I got our certification from. And right there at WeShoot. They’re offering dates for both the NRA and doing your renewals for your carry permits, and they even have carry certification for seniors. They do a special seniors class. Evan Nappen 15:14 They are magnificent in their training programs that they offer. They offer also their HSI Adult CPR / AED certification course. You’ll earn a two-year certification on that. You’re learning how to perform CPR and AED, you know, defibrillator use, and handle basic first aid, respond to choking and cardiac arrest and such. So, if you want to get your training in all these areas and many others, and also just learning to shoot better, they are the place to go. WeShoot is conveniently located in Lakewood, right off the Parkway. You can go to wehootusa.com, weshootusa.com, and check out their website. Beautiful photography. They also have a great pro shop. They have lots of great guns and great deals. They will take care of you. You’ll be able to have a great place to shoot and enjoy relaxation at the range. And you’ll know that you are able to defend yourself and your loved ones should the need arise. But also go there and have some fun. Evan Nappen 16:41 Let me also tell you about our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are fighting very, very hard in a very challenging environment, and they are the key gun rights group in New Jersey. They are the NRA State Affiliate. They’re the umbrella organization of gun clubs through the state, but they also have individual members. Everybody needs to be a member of the Association of New Jersey Rifle & Pistol Clubs. You’ll get their fantastic email alerts, and you’ll get a great newsletter. You’ll also know that you’re part of the solution fighting. They’re going to send you out things you can do real quick to make your voice heard as we continue the fight. And we’ve made a difference. The Association has made a difference. We’re still in a major battle, but the Association is there in the courts, as we speak, fighting on those key issues in the Appellate Courts. Evan Nappen 17:40 As we are talking right now, they’re there in the courts. We’re seeing some incredible results, and we’re going to see even more incredible results. I am extremely optimistic that the courts are going to really deliver for us. The truth is on our side. The law is on our side. The Supreme Court has laid out the groundwork that is all on our side. And the Association is truly on our side, working for the elimination of Page – 4 – of 10 Second Amendment oppression, especially on those key issues that affect so many of us. So, join the Association of New Jersey Rifle & Pistol Clubs at anjrpc.org. Evan Nappen 18:33 And don’t forget to get a copy of my book, New Jersey Gun Law. It’s the bible of New Jersey gun law. Get your book today. Go to EvanNappen.com. It’s the big orange book that is the Bible of New Jersey gun law. It’s a book used by everybody, and you need to have a copy so that you can protect yourself. It is the only book out there that describes New Jersey gun law in a question and answer format so that it is actually almost understandable. How’s that? You can almost understand it from that book. Now, I tried to make it as user- friendly as I can, but New Jersey, of course, itself, is just contradictory in many of its own laws. I try to point it out in the book, when they are saying one thing and then saying another. The contradictions seem to just fly out because they just can’t pass new gun laws fast enough, and they don’t bother to make sure that they actually make sense, right? So, that’s where the book comes in. You’ll be able to know these distinctions and protect yourself. When you get the book, scan the QR code on the front cover and join, for free, my private subscriber base. You’ll get updates, and you’ll be able to access the archives for any previous updates that are there. This way the book will stay current because of that. So, go to EvanNappen.com and order your copy today. Hey, Teddy, what do you have for us today? Teddy Nappen 20:11 Well, as you know, Press Checks are always free, and I always want to see what is the Left, what is the argument they are making now? What is the push that they are trying to go for? Well, it seems they’ve gone and changed their tactics. They are now focusing in on high capacity magazines, or as what you know and everyone else knows them to be, standard capacity magazines. Because it’s just another made up term that they use. But going to The Trace to see their newest argument, I love this, by the way. “How Gun Manufacturers Swamped the Market With Large-Capacity Magazines” (https://www.thetrace.org/2025/12/large-capacity-magazine-nssf-gun-study/) Yes, that’s who is to blame for why there is such a high demand of a quote, unquote high capacity magazines. It’s the gun manufacturers. That’s who’s to blame. So, this article is by Mike Spies in The Trace. They start off with “At least 717 million devices like the one used in the Brown University mass shooting . . . ” Oh, well, there you go. Immediately. The first line. Evan Nappen 21:23 All they do is sell emotion. They’re just selling it as emotion. What about, you know. Do you know what a small, virtually, statistically irrelevant, it’s so small, the number of magazines, of a magazine that holds whatever they’re calling high capacity of that day, whatever that may be, was the reason, was the effect for that crime. Because the magazine held a certain amount of rounds. That is somehow the reason for the crime. It is a statistical irrelevancy. It is pure emotion. Teddy Nappen 22:07 I wonder how they, I wonder how they feel about in Australia, where it took, you know, two guys with a couple of bolt actions. And, you know, I think the body count was what? Double from Brown. But no, sorry, don’t talk about that. Page – 5 – of 10 Evan Nappen 22:20 Right. Teddy Nappen 22:21 Mind you they try to highlight this. Oh, man, Dad, did you know that between 1990 to 2021, the gun industry flooded the market with 717 detachable firearm magazines that held 11 rounds or more. You see, Dad, prior to 1990, there were no magazines that held over 11 rounds. Evan Nappen 22:46 That’s what it was? None. There was suddenly a flood. Teddy Nappen 22:52 A flooding, as a flooding. Then describe what the term a magazine, you know, for anyone doesn’t understand. And then tried to make the argument that not all manufacturers of gun magazines provided data to the study to stipulate the figures representing conservative estimates that military and law enforcement sales were not counted, and roughly 46% of magazines were accounted for from some 443 million, including rifle magazines that held 30 rounds or more. Evan Nappen 23:26 Okay. So, if we have millions and millions and millions of magazines that hold over 10 rounds, do you know how few isolated events, just think of how many few events? They get a ton of media coverage, but how few those events are. And even in those events, what statistical difference did it make that they had a magazine that held more than 10 rounds in commission of that crime? It is so rare and to have to this be of anything, of any real impact, of any true impact, yet it’s pure emotion there. So, oh my God, all these magazines are out there. Yeah, well, so what? So, what? They don’t make a difference. The only time it makes a difference is to the individual who needs to defend themselves. Then the issue of firepower is important in one’s own self-defense. So, when magazines are limited, the question you have to ask is, well, how many bullets is your life worth? In other words, how many bullets can you have to defend your life? Your Government has arbitrarily determined that your life is only worth 10 bullets. No more than 10, just 10. That’s all it’s worth. You’re not worth 11 bullets or 12 or anything more. That’s really what they are saying. Teddy Nappen 25:00 They also seem to stress this whole idea that magazines were only at 10 rounds until 1990, and they’re trying to make that argument. Well, thanks to again, always, when the left make their argument, use context and history, and that is how it is debunked. Right here from, I believe, you said this was a very well known writer, Dave Kopel. Evan Nappen 25:29 Absolutely. David Kopel. Page – 6 – of 10 Teddy Nappen 25:30 He wrote a brilliant article, which I highly recommend people read, “The History of Firearm Magazines and Magazine Prohibition”. (https://davekopel.org/2A/LawRev/2015/History-of-firearms-magazines-and- magazine-prohibition.pdf) Evan Nappen 25:33 Well, it must be a short history, since it only began in 1990. Teddy Nappen 25:44 No, no, let’s start with. Evan Nappen 25:46 Oh, really. Teddy Nappen 25:47 Yeah, you know, let’s go all the way back to 1580. Evan Nappen 25:51 Oh, 1580. Wow, how did they miss that? Teddy Nappen 25:55 I know. With the multi-shot guns. And then cut to the patent pending, 1718, of the Puckle Gun, shooting, you know, 23. Evan Nappen 26:05 I love the Puckle gun. Teddy Nappen 26:06 You know, it used 11 pre-loaded cylinders. And then cut over to everyone’s favorite, the Lewis and Clark air rifle, the Girandoni, that had a detachable magazine. Evan Nappen 26:20 And air guns are firearms in New Jersey. So, it would still considered a firearm. Yeah. Teddy Nappen 26:27 Yeah. So, and cut over to the Alexander Hall and Colonel Parry Porter rifles that were 15-shot rotating cylinder. But they may say, oh, it’s not detachable, though. Even though it’s well beyond the capacity, and you know this is only 1850. Cut over now to the 1866 chain pistol fed , 20 round, belt fed chain pistol. Imagine carrying that? Evan Nappen 27:00 I like that. Page – 7 – of 10 Teddy Nappen 27:01 Yeah. And then cut now to 1899 with the, or 1900 when they were commercially available, the Luger semi- automatic pistols that, you know, could use a seven or eight round magazine or a, you know, their version of a high capacity 32 drum mag. Evan Nappen 27:21 Oooh, the old snail drum mag for the Luger. Teddy Nappen 27:25 And then cut to 1927 where you could go to Auto Ordinance for a 30 round mag. Evan Nappen 27:32 Or a 50 or 100. That’s right. Teddy Nappen 27:35 In 1927, you know? Well, we’re getting, we’re getting closer. You’re getting around that time. But now to 1963, with the AR-15 rifle, with the 20 rounds, a little higher than that, to 30 round magazine capacity. Which to the point, where there was a famous (Supreme Court) case, Staples versus United States, where they were trying, where it differentiated from the AR-15 to the M 16. They tried to blend machine gun to semi auto. Evan Nappen 28:06 Well, they did that on purpose — to fool the public. It was even admitted in Josh Sugarmann’s book. He said that was the intention — to fool the public, who won’t be able to tell the difference between full auto and semi- auto. Machine guns and semi autos. It’ll fool them, because that’s what they’re about. They just want to fool the public to get their agenda through. Teddy Nappen 28:27 Because they, because the Left have this whole ideology, which is the people are stupid and we can manipulate them. Unfortunately, yeah, there’s a lot of people that aren’t read up on it and get easily tricked. They play off of emotions and that’s how they play their game. Luckily, now, thanks to the internet and people being able to do their own research. Even though they’ve, you know, censored, but we’ve fought back hard on that, people can actually see and look up and find out. Oh, yeah, wait. They just lied to me. Here’s the proof. It’s very easy now to debunk their lies, and it’s quite hilarious. Teddy Nappen 29:08 And then I love the ending to it all. I love his ending to the whole article, which is we end this story now in 1979. Jimmy Carter is president, and Gaston Glock is making curtain rods in his garage. Now, look right now. Evan Nappen 29:28 Oh, no, the Glock pistol is coming. Page – 8 – of 10 Teddy Nappen 29:30 Yeah, the Glock pistol is coming. And then all magazine which, and then all polymers. It just comes down to this. The magazines, high capacity magazines, have existed throughout history, and they will continue to exist. Because when they try to sell their argument about high capacity magazines, you know, they will forever be out there. Evan Nappen 29:59 What’s going to happen when it is just laser, and it can be endless? Just how much power. There won’t even be a capacity limit. It’ll just be limitless, essentially. Evan Nappen 30:13 I’m so. Sorry, my wife is always about the teleporter, where you won’t even need to load the mag. You’ll just point the gun and it’ll teleport the bullet into you, like. Evan Nappen 30:24 Oh, that sounds like a real accuracy improvement. Teddy Nappen 30:27 I know. So, again, technology will always progress more and more, and they will never be able to keep it. I can’t wait for the National Ray Gun Association. I think it was a Futurama joke. Evan Nappen 30:39 A National Ray Gun Association. That’s good. Evan Nappen 30:46 So, you know, one of the key things we like to do is have our listeners stay protected and not end up a GOFU. And unfortunately, GOFUs are Gun Owner Fuck Ups. They’re expensive lessons that you get to learn on the cheap. You get to learn for free, so you don’t commit the same error, the same fuck up. And so this week’s GOFU, something that, you know these come from actual cases, actual experience, actual folks that I’m representing. And it’s really a principle here today, and that is, don’t escalate the situation. Don’t be the person that initiates a problem that can be avoided. If you can avoid a conflict, you need to avoid the conflict. You cannot engage in a manner the way you used to, let’s say, before you were armed. Evan Nappen 31:56 Because you are armed, you’re essentially having to walk away. If something is just verbal, whatever, don’t escalate it. Don’t engage further. Because then what happens is you, as a gun owner, become the target of the law enforcement action, even though you weren’t the one who may have even initiated it. But if you escalated and went along with whatever this problem was that even got created or started by another person, you end up having to pay the price. I see this often where a law-abiding gun owner has an argument with somebody, and the law-abiding gun owner is in the right. The law-abiding gun owner doesn’t do anything wrong, but the other party somehow sees, notices, believes, thinks, that the gun owner has a gun, and then claims to the police that they saw the gun. You threatened them with the gun. They felt intimidated by the gun, whatever. Page – 9 – of 10 Evan Nappen 33:19 And it’s now escalated to where the gun owner gets charged with threatening, brandishing, whatever, and you just see it take off as an escalation. You need to learn to ignore all the jackasses that are out there that cause trouble, that act stupid. You have to take a different kind of attitude to ignore these people. Ignore them. Unless you are being threatened with serious bodily injury or death, where you have no other option, then ignore these people. Get away from these folks that are just trouble. Because if it comes around that you’re a gun owner, and there’s an issue, I see it. The tables turn on the gun owner all the time. Stay low key. Stay discreet. Don’t escalate. Stay away from these people that get law-abiding citizens into trouble because of the built in bias in the system against gun owners. Evan Nappen 33:42 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 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 Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Page – 10 – of 10 Downloadable PDF TranscriptGun Lawyer S3 E271_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  talkback@gun.lawyer Join Evan's InnerCircleHere's your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

Episode 270- Securing Your 2026 Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 270 Transcript SUMMARY KEYWORDS Security evaluation, electronic security, physical security, camera surveillance, alarm systems, firearm safety, mental state, personal protection, dog security, property defense, legal implications, pet rights, self-defense, gun laws, New Jersey gun law. SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 Evan Nappen 00:14 I’m Evan Nappen. Teddy Nappen 00:16 and I’m Teddy Nappen. Evan Nappen 00:18 and welcome to Gun Lawyer. So, 2026 is just about upon us, and what’s really great to do at the beginning of the year is to take a look at your own security for yourself and your family as we start this new year. And as you know, it’s dangerous out there and you know, we’re gun owners, and we believe in defense and self-defense. There are things we need to do that include guns, but also don’t include guns when it comes to evaluating your own personal security, which is something that we all should be very concerned about. So, when you want to think about your security, particularly in your home and through your life, there are two ways to divide security. You have what is electronic security and then what we might call physical security. Evan Nappen 01:25 So, electronic security would include lighting, alarm systems, and cameras. That kind of security falls into, you know, surveillance and warnings and illumination and really is reliant upon electronic security. In terms of physical security, we have gun safes and other safes, dogs. Dogs are a form of physical security. Locks, good locks, good bars on windows where it may be needed. And of course, our firearms are the last resort of our physical security. And the idea is to have an excellent combination of both physical and electronic security. You want to cover all the bases to give you a full security umbrella. And, of course, combined into all this is your mental state, and for that, I would highly recommend Jeff Cooper’s “The Principles of Personal Protection”. You’ll gain insight into your daily life and what you need to do to have awareness and those principles. Evan Nappen 02:58 But these areas of electronic and physical security are very critical, especially today. Also, you know, electronic security, a lot of it, combines computers and our cell phones, too, as well. And so, with what’s available today, it’s kind of amazing, because it is very reasonable to have camera surveillance. I Page – 1 – of 10mean, you know, a number of decades ago, if you wanted to have cameras on your property, protecting your home, etc, it was tens of thousands of dollars. It was basically not within reach of average people to have that kind of surveillance. But now, with the advent of the internet and with these smaller, amazingly effective cameras, you know, particularly Ring and other companies, you can absolutely have great, actually, camera surveillance better than decades ago with the equipment that existed then, and for just a fraction, a fraction of the price. I mean, every person should have at least a Ring doorbell or some equivalent to that, so that you know who’s coming to your door. It films motion and those individuals that may approach, and not just individuals, but also animals, cars, and other things. This is a really great advance in modern-day technology, not just in what it does, but in the amazing, reasonable cost that you can get it done and accomplished for. Evan Nappen 04:58 Of course, there are other cameras that can work into your floodlights. Floodlights that also record and are motion driven and part of the system, the alarm system itself, which is great. Very easy to self install and put in a Ring alarm system. And they work very well. And you know, not to have an alarm system in your house with the availability of just a Ring alarm system or something else for electronic, you know, other brands too, that are out there, Simply Safe and others, is really a serious mistake, because you can get yourself and your family electronic protection at a very reasonable cost today. I mean, look, decades ago, you had to hire a professional alarm company. They had to hard wire, and they had to do all the switches, all that. What they have available today is amazing and very effective. It can give you that added peace of mind, and you can combine it with the cameras, both inside cameras outside cameras and other motion detectors. Evan Nappen 06:07 All kinds of things are out there that you can do yourself pretty darn easily and give yourself the protection. You want to combine that protection with good lighting. Lighting is also very important. Lighting helps discourage theft and other bad people. It illuminates them, and also the camera records them. It can also give you advance warning of individuals that come into your perimeter by both the camera surveillance and by the alarm itself. I mean, you know, you go to sleep at night. You have your cameras, and you turn on the perimeter of your alarm. You’re protecting yourself and your family. And you know that the physical security becomes important. You have the good locks. You have your valuables stored in safes. You hopefully have your dog or dogs, and you have your firearms. When you have that gamut of protection, both electronic and physical, you know that you’re maximizing your ability to defend yourself and your loved ones. These things today can be accomplished at a very reasonable cost, and there’s really no reason that an average person cannot have security that decades ago would have been tens of thousands of dollars. This is the new world. Evan Nappen 07:45 And not only that, it combines into apps on your phone. You’re able to control your alarm away from your home, turning it on and off. You can see what activity is going on. You’re able to look at the cameras. You don’t have to even be at your house, and you can surveil and see and get notice. It is really an amazing time when you consider what’s available in electronic security and in physical security, with the better locks, enforcers that can be added to doors. Things that can be not even as obvious, but adding tremendous security. And this is a mindset, folks. It’s a mindset for the new year. Page – 2 – of 10You should do your own security evaluation of your home and your property. Look to see if you have bushes or trees that block the view from the road, where persons can break in through a window and not be seen. Look at your lighting. Take a look. Is it lit up? Well, look at your cameras and the angles and areas that are covered by your outdoor cameras, by your floodlight cameras. Look at where you have cameras inside your home. Now, you want to be aware of your own privacy, and that’s very important. But there are places in your home that you don’t frequent all the time, basements, garages, etc., where you can have cameras to even provide interior protection should an intruder come in. These are things to consider in the full picture of your security. Evan Nappen 09:26 And if you’re able to have a dog, let me tell you, dogs can make a huge difference. You know, in surveys they’ve done on felons and criminals and such, they ask what they’re most afraid of? Well, the number one thing that criminals are afraid of is an armed homeowner. That’s right. Number one thing they’re afraid of is a homeowner with a gun. So, right there is an important deterrent factor. The second thing that felons, criminals, etc. are most afraid of is two dogs. Believe it or not, two dogs really freaks them out. That gets their attention. But even having one dog is very important, because dogs bark. Dogs are keenly aware. Their senses are better than yours and mine, superior. And dogs are an alert system. I know of cases, actual cases, where individuals were looking to do a hot robbery and, even worse, commit murder, just to randomly kill, and they went to canvas homes. And homes that had dogs they avoided, and they hit the home that didn’t have a dog. It wouldn’t matter if the home they came to had a little yapper that was barking, they avoided that home just because of the dog being there as an alert system. So, dogs are very important, very critical. I would highly recommend having a dog. The other thing is dogs, you know, they are loyal, and depending on your type of dog, most of the dogs designed for security, will happily give their life to save yours. And dogs can buy the time in between the bad guys wanting to harm you and your family, for you to get to your gun to have the ultimate protection. Evan Nappen 11:42 So, these are things you need to consider when you look at your own security and your own physical security of yourself and your family. At the beginning of the year, it’s a good time to think about it and figure how secure are you? Ask yourself, how secure are you when you go to sleep at night? Do you feel secure? Do you have camera surveillance? Do you have alarm surveillance? Do you have a dog on the lookout? Do you have your firearms? Do you know how to use them? Are you trained? And do other members of your family understand how to use these things as well? Think about these things. I want all my listeners to be safe and protected, and these are things that can help you and may make the difference. So, stay safe in ’26, folks. It’s going to be an interesting year, that’s for sure. Evan Nappen 12:36 And with the Big Beautiful Bill kicking in, with no more NFA tax, and with very interesting court cases proceeding, we may be able to enhance our security even more with guns and accessories that the Second Amendment oppressors have tried to stop us from having. So, stay tuned. Teddy, what do you have for us today? Page – 3 – of 10Teddy Nappen 13:07 Well, as you know, Press Checks are always free, and this is something that kind of came up as I was flipping through. This is actually an issue. We kind of talked about the whole idea of defensive property. So, this is out of Pennsylvania, from Kinship News by Petrana Radulovic. (https://www.kinship.com/news/pennsylvania-pets-are-family-divorce) Pennsylvania House passed a bill saying pets are family members, not objects. I’m not joking. Evan Nappen 13:45 Well, pets are normally viewed as property. Teddy Nappen 13:47 Yeah. Evan Nappen 13:48 Now they’re declaring pets to be family members. Teddy Nappen 13:53 Yep, the article talks. Evan Nappen 13:54 Can I take them as a deduction on my income tax? Teddy Nappen 13:57 I don’t know. This is the thing, though, it opens up that gate. Well, it may just might because in Pennsylvania, the House passed a new bill classifying pets as living beings that are generally guarded as cherished family members. In the bill. Evan Nappen 14:17 Cherished family members. Teddy Nappen 14:19 During divorce proceedings. There’s the caveat. Evan Nappen 14:23 Oh, okay. Teddy Nappen 14:24 It’s House Bill 92, and it passed with 121 over 82. Now going for the Senate. The argument was that the statute for special category for companion animals, where judges would then be legally required to consider the welfare of the pets when it comes to which individual gets custody. (https://pawprintoxygen.com/blogs/healthy-paws/pennsylvania-pet-custody-law-update) It’s literally taking. Page – 4 – of 10Evan Nappen 14:49 Well, some people are very attached to our dogs. We get very emotionally attached. Teddy Nappen 14:55 But it takes the whole stage of who gets the dog to a whole new level. Evan Nappen 15:00 Yeah, I guess it does. Well, maybe you can request visitation for your dog. But the problem is, well, it could be beneficial, because if it’s viewed that way, and gun owners defend their dog from harm. It’s actually may, down the road, maybe raise it to the same as protecting a human. So, that given how emotionally attached we are to our dogs, that defending our dog, you know, but it also, you know, basically it’s John Wick. It’s the entire premise of John Wick, huh, when it comes to that, as to your dog being harmed. Teddy Nappen 15:49 Well, I look at it as the slippery slope where they say it’s a fallacy, but in actuality, just because the amount of things that have opened the floodgates, cut to transgender, men can become women. You can cut to any subject where it’s like, well, they didn’t look at the unintended consequences of these actions. Where, right now, it opens that door, where could dogs not be considered property. Could you defend your dog in a self-defense? And funny enough, right out of here, out of USA Carry, it was a whole article by Brian Armstrong. “Can you use deadly force to protect your pet?” And it was one of those where he brings up a variety of scenarios where, generally speaking, if someone’s attacking your dog, you can’t just shoot them. Evan Nappen 16:41 Right. Because the dog is property, and yet, maybe we’ll see that turn around if dogs start being treated as family members under the law. But it does open it up to, well, if we start treating them as people, then how can you know, what if you have to put your dog down? Like you can’t take your kid to have them put down, right? Because that’s a person. But what about a dog or a cat, etc.? And by the way, why are we excluding cats? Do cats get covered under this, too? Cats aren’t going to be considered family members? Teddy Nappen 17:19 It says pets, so I guess dogs and cats. Evan Nappen 17:20 Oh, so wait a minute. So, any pet? Teddy Nappen 17:26 Any pet. Like my pet rock, my pet Scorpion. Evan Nappen 17:29 See now it starts to open up. Gerbils, horses, right? Page – 5 – of 10Teddy Nappen 17:37 It’s one of those. But. Evan Nappen 17:38 My pet alligator. My comfort Gator. Teddy Nappen 17:42 However, I do look at some of the positives. I know we had this whole back and forth on the right of defending property, and I think this could open things up for that. Where people could have the right in using lethal force to defend property. It’s one of those that I would like to see them iron that out more. Even in the article, he was bringing up scenarios where you could have that situation. He brought up, like a man’s walking down and you see a dog attacking your dog, and where you have that idea where you’re technically trying to defend property, from the, you know, you can shoot like wild animals attacking your dog. Evan Nappen 18:20 Well, in some states, they have laws allowing you to shoot dogs that are wild, that are feral, that attack deer, etc. Some of that’s out there, but you know, normally, though they’re viewed as property. And if we’re going to start giving them status as humans that can cut both ways. It can be problematic too. Because if an individual then shoots a dog, they may face penalties as if they shot a person. Teddy Nappen 19:01 I know. Your very first case. This is the exact issue, actually. Evan Nappen 19:04 Exactly, exactly, exactly my very first case. And, yeah, well, I don’t know. Because, you know, I haven’t discussed that in a while. Maybe I should actually tell that story here, because it is a classic of one of the earliest cases. Teddy Nappen 19:26 A tale as old as time, one might say. Evan Nappen 19:29 Yeah, this is in another state, other than New Jersey. My client was shooting coyotes out his bedroom window at three o’clock in the morning over a bait and a light, which was perfectly legal in the place where he was doing it, believe it or not. But, unfortunately, there was a dog that belonged to a neighbor that lived, not really that close, but the dog, apparently, that night, decided to run with the homeboys. You know, with the coyotes. And my client, inadvertently, shot the dog thinking it was a coyote. And what he would do is he’d shoot the coyotes and leave them there so that other coyotes came and he’d shoot them, too. He didn’t go out there to retrieve dead coyotes. Well, anyway, that night, after shooting the dog, unbeknownst to him, there’s this banging on his door. A woman is there holding her dog that’s been shot. And she’s like, you shot my dog, you shot my dog. And he’s like, oh my god, I had no clue. I had no idea. I’m sorry. I’m so sorry. Page – 6 – of 10Evan Nappen 20:37 And she’s all bent about it. I mean, I can understand, you know, who wants to have their dog shot? On the other hand, she should not be letting her dog run around loose. So, she calls the police, and the police come. The police say, hey, lady, we’ve told you a half a dozen times not to let your dog run loose. So, too bad. Your dog was shot, but it’s not criminal. Goodbye. Well, she’s not to be deterred, and she calls Fish and Game. Well, it so happens that there was a Fish and Game law that had relatively recently come out about shooting a dog. If you shot a dog while hunting or any other way, you were required to call it in that a dog was shot. Anyway, this Fish and Game Officer decides to be the white knight for this woman who’s hysterical and charges my client with shooting the dog and not reporting it, etc. Now, of course, it was reported because the police had come. So, it was reported, but it didn’t stop them. Evan Nappen 21:47 So, anyway, the charge moves into the Municipal Court. We bring a motion not only based on the facts, that he arguably did have it get reported because the police came, but also that this law was, in effect, a violation of his Fifth Amendment, because it was requiring self-incrimination in mandating this reporting. And when I put this through the Fish and Game Officer who in this state, they would prosecute their own cases, a couple things. He had actually gotten sick and tired of this woman who was just incessantly hysterical and just couldn’t get over this. And he had, I think, had enough of that, and realized that we were in a constitutional area on this new law, and that there actually was arguably a reporting. So, he dismissed the case without us having to actually have the hearing. Evan Nappen 22:56 And so with the case dismissed, I walked out of the court with my client, and I’m explaining to him how he can get his gun back from the Fish and Game Officer. And this woman comes running out of the courtroom. She’s at the top of the courthouse steps. She has a dozen pictures of the dog in her fists, and she’s waving them around. She’s screaming and yelling. She comes running down the steps, and she starts pounding my client on his chest with these photos of the dog, and screaming, you killed my dog. You killed my dog. And he kind of falls backwards. I’m there, and I just try to give her a command to stop. I said stop, you know, stop. Stop that. Back off, right? Trying to just command her to stop. At which time, she turns and she points her finger at me with a fistful of dog pictures, and she says, and you his mother fucking fat attorney. At which time I said, how dare you call me an attorney. And right then and there, the bailiffs grabbed her and arrested her. They took her away. My client, I’m saying him, are you okay? Are you okay? Because he’s still on the ground, and he goes, yeah, I’m okay. Man, I’m just laughing so hard I can’t get up. So, that is the famous dog shooting case. True story. Evan Nappen 24:39 And anyway, well, Teddy, we’ll see what happens about dogs taking on human status. But I want to mention our good friends at WeShoot. Teddy Nappen 24:52 It could be a voting block. Page – 7 – of 10Evan Nappen 24:54 Yeah, it could be. I wouldn’t be surprised since the Democrats are losing their illegal alien voting base. Maybe this is part of their plan. Maybe we got to get dogs to vote. But they might, who knows? Dogs are pretty smart. They probably wouldn’t vote Democrat, except for maybe some poodles. I don’t know. Sometimes they’re pretty smart, too. Maybe they’d go the right way. Teddy Nappen 25:17 A lot of golden retrievers. Evan Nappen 25:19 Yeah. Well, yeah. Well, what do you think about that? Well, goldens are pretty good. I don’t know. I don’t want to be insulting to goldens. Teddy Nappen 25:25 They’re very loving, but they’re very stupid. Evan Nappen 25:27 They are. Oh, my god. Do you know how much hate mail you’re gonna get for saying that? We love all dogs. Teddy Nappen 25:34 I’m not saying I don’t love them. I’m just saying, like golden retrievers are so. Evan Nappen 25:35 Well, they better not be only, only Democrat Golden Retrievers. We will not. Teddy Nappen 25:42 German, the German Shepherds, though, those are crazy smart, where they were open, you know, the door. Evan Nappen 25:47 The Dems will claim that the German Shepherds are fascist, racist, of course. You know, extreme right. I could just hear it. Oh, God, this is gonna get off the charts. Well, let me mention our good friends at WeShoot, who is, of course, our favorite range. Where we, you and me, Teddy. We shoot there. We train there. We got our CCARE certificates there, and lots of other good training. Great pro shop, great range. They’re located right there in Lakewood, New Jersey, right off the Parkway. Easy access. Great folks. Great environment. State of the art range, great pro shop, and a fantastic website. Go to weshootusa.com, and you can check out their website. They have all kinds of great specials and sales, and they send out news alerts and bulletins letting you know about all kinds of special deals. And actually, their emails are excellent. Even their communication is excellent with WeShoot. WeShoot members, they love we shoot, and I know you’ll love it, too. So, check out WeShoot. Pay them a visit. You’ll see why we shoot there, and you’ll see why it’s one of the finest ranges and best resources for gun owners right there in Central Jersey. weshootusa.com Page – 8 – of 10Evan Nappen 27:22 And I also want to mention our friends at the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights defenders for New Jersey. They’re there in the courts, fighting as we speak. Fighting right now, in that Third Circuit Court of Appeals on the Carry Killer Law, assault firearms, and magazines. It’s great. We’re going to see some awesome results. I’m very optimistic here. We’re going to finally see New Jersey put in its place by the judiciary. This is great stuff. We can thank President Trump for that. Many of the judges that he has been, both his first term and second term, they’re making all the difference when it comes to enforcing and protecting our Second Amendment rights. And the Association is there litigating in federal court. They also have a full-time paid lobbyist in Trenton. Please make sure you join the Association of New Jersey Rifle & Pistol Clubs. anjrpc.org ANJRPC is the premier organization, folks, and when you belong to them, you’re going to get email alerts as to the shenanigans going on in Trenton, as to the progress in the litigation. You’re going to be on top of things and be able to take action as needed. So, please join. Make sure you’re a member. Evan Nappen 28:58 And let me also shamelessly promote my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law, and if you don’t have a copy, you’re at a severe disadvantage, because it is the best anti-GOFU medicine there is. My book is written to protect law-abiding gun owners, to teach them what they need to know to try to remain law- abiding in the extremely challenging state of the Democratic People’s Republic of New Jersey. So, get your copy of New Jersey Gun Law by going to EvanNappen.com. Evan nappen.com. It’s the big orange book. It’s over 500 pages with 120 topics, all question and answer. Scan the front cover QR code there and join my private subscriber base. It’s private, and you will get email updates. You’ll also be able to get access to the archives. You’ll get email alerts from me as the law changes. Go to EvanNappen.com and get your copy today. Evan Nappen 30:08 So, speaking of GOFUs, what do we have this week for GOFU? Well, I’m going to tell you. We were just talking about security at the beginning of the show, but, you know, you’ve got to be careful with your own security. Because you don’t want to have GOFU if you’re using cameras. You want to be careful about your own privacy. You want to be careful about what you film. And yet, sometimes by not having cameras, you can be put at a disadvantage, and that can be a GOFU. So, the importance of your cameras can help you in a situation of self- defense, because it can demonstrate that you were justified. But at the same time, if you acted wrongly, it could be a problem. But since you are only going to act properly, it will end up documenting in video what occurred, and this has made the difference in cases that I’ve had where there have been Ring and other video that exculpate. That’s a fancy legal word for essentially proving or demonstrating innocence. Exculpating the client from certain charges. Evan Nappen 31:43 So, the GOFU can be a GOFU if it’s not used properly, but in this instance, the GOFU might become the opposite, an advantage, when used properly. So, consider that when dealing with your security situation, and think about the scenarios that you may have to deal with in how you place and distribute your cameras and your alarm. And how you take care of your guns and your dog and how you maintain physical security, by securing your firearms when they’re not being used, etc. These are all important considerations as you begin this new year, so that we can all stay safe. Page – 9 – of 10Evan Nappen 32:34 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 32:46 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Page – 10 – of 10 Downloadable PDF TranscriptGun Lawyer S3 E270_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  talkback@gun.lawyer Join Evan's InnerCircleHere's your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

Episode 269- The Nightmare Before Christmas Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 269 Transcript SUMMARY KEYWORDS Second Amendment, New Jersey Democrats, gun laws, machine gun conversion devices, digital instructions, firearm components, gun owner gulag, cash bail, pre-trial detention, carry killer bill, sensitive places, gun rights, constitutional rights, gun lawyer. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. So, the New Jersey Democrats are going to give gun owners a Nightmare Before Christmas. What they are doing is pushing a package of Second Amendment oppression upon us, and they decided that the perfect time to do it is right before Christmas. On Monday, December 22, the Senate will be having a voting session. They’re going to be looking at bills that we’re going to talk about right now, and you need to take action. You know, you need to let the legislators know that you oppose this. Hopefully you belong to the Association of New Jersey Rifle & Pistol Clubs. If not, you need to join. That’s anjrpc.org. They send out the news releases where you can immediately take action and let the legislature know your feelings on their oppression of our Second Amendment rights as they continue to attack them. Evan Nappen 01:33 Now, we have some very problematic laws that they’re going to be trying to jam through, and I want to make sure that you’re aware of what they are and what they mean. So, we have what is A-4974, and its companion in the Senate is S-3893. (https://www.njleg.state.nj.us/bill-search/2024/S3893) This bill establishes criminal penalties for sale and possession of machine gun conversion devices. Now, of course, these things are already banned. They’re already banned under federal law and state law, but New Jersey just can’t ban something enough, right? So, they’re just duplicating here even more bans upon bans. This is supposedly addressing so-called Glock triggers, but New Jersey usually finds a way to expand it to all kinds of other nonsense. We’ve seen these things lead off into false charges over devices that are not designed to convert to machine guns, but instead designed to simply improve accuracy and a trigger or those kind of things. So, these things are just problematic, and they’re just putting bans on top of bans. And they just want to make sure their name is on a piece of law where they’re “doing something about it”. You know, to sell red meat to their base. So, we have that to deal with. Page – 1 – of 10Evan Nappen 03:16 Additionally, we have A-4975 and the Senate companion bill is S-3894. (https://www.njleg.state.nj.us/bill-search/2024/A3894) This bill establishes a crime of possessing digital instructions to illegally manufacture firearms and firearm components. Now, keep in mind, back in 2018 Murphy signed a law banning the use and sale these digital files already, but this bill is even worse. The mere possession of the files will result in incredibly harsh penalties, even if you unknowingly possess them on a long forgotten computer, etc. So, New Jersey is turning firearm information, pure firearm digital information, into the equivalent of possessing child pornography. Simple possession of the digital file itself. Evan Nappen 04:20 It doesn’t matter that you never had any intention to actually build a firearm, but this gun information is itself being turned into contraband. Now, of course, this brings in First Amendment issues as well as Second Amendment issues, and I’m sure this will as well be subject to challenge. But nonetheless, it puts gun owners at risk that utilize internet and such for downloads of different things. Strictly for informational purposes. Even though you had no intent to 3D print a gun or not, or to use it with a CNC machine to make guns or even gun parts. So, this bill is another oppression of Second Amendment rights, and this time an oppression of First Amendment rights. But since when do Democrats care about rights? So, you need to oppose this as well. Evan Nappen 05:25 There is another bill, Assembly 4978, and the Senate companion is 3897. (https://pub.njleg.gov/Bills/2024/S4000/3897_I1.HTM) Now, this bill requires the Attorney General to report data regarding shootings that did not result in bodily injury. This type of data accumulation is used so then they can twist it into political fodder to further pass other Second Amendment oppression laws. This is their game. So, this is a step in, you know, focusing on the potential discharge law, making accidents into crimes, and using it to become automatic licensing disqualifiers, what become essentially per se felonies. This is how their evil works. This is what they do. This is their machinations, and this is the beginnings of them laying the groundwork to do that very thing. We’ve seen this playbook before, as they put data together that they then abuse in the manner that suits their purposes. So, of course, we have to fight this. Evan Nappen 06:53 Another incredibly serious other bill that’s in the Nightmare Before Christmas is Assembly 4981. The companion is S-3900. (https://www.njleg.state.nj.us/bill-search/2024/A4981) Now, this bill is a Gun Owner Gulag enhancement bill. This law will take the Gun Owner Gulag and make it even worse. So, as you should be familiar, but I want to make sure you are, New Jersey has the Gun Owner Gulag, which is New Jersey’s elimination of cash bail. In getting rid of cash bails, like so many progressive blue states took those actions to do that in the specifically during the, you know, defund police movement and all that. You normally hear about the cashless bails being utilized, where actual criminals, bona fide bad guys, you know, rapists, murders, etc, are put in a revolving door and released very quickly out in the street, particularly if they have other characteristics that the Left is favoring, such as being, you Page – 2 – of 10know, illegally in the country and things like that. They want those people out fast. So, it gets used in that way. Evan Nappen 08:15 But when it comes to weaponization of it against gun owners, well, that’s a different story. They want to imprison us. Okay? So they want to make sure that any gun owner that has a problem, well, they’re going to be subject to the Gulag, where they’re going to be held without bail until their trial, because there is no more bail in New Jersey. And what happens is the prosecutor seeks what is called pre-trial detention. And if pre-trial detention is granted, you’re going to sit in jail, having been proven guilty of nothing, until your trial, and that can be months or years. So, this is the Gulag, and that’s how it operates. Well, that’s bad enough. We fight these Gulag cases all the time, trying to get gun owners out because just about any gun offense is a felony level. New Jersey calls them crimes, and they’re normally warrant offenses. You get arrested and then you’re put through the Gulag where you’re held for 48 hours while the prosecutor decides whether to seek pre-trial detention or not. Evan Nappen 09:20 And their policies are, generally, in every gun case, they seek the Gulag, which is to hold you without bail. So, you’re going to be held at least, normally, another five days before your hearing, where your attorney will finally get to argue to get you out. And if your attorney is not successful in doing that, you are staying in with no bail. Well, this bill is an enhancement to that. It will allow the court to take even more time on any firearm offense where they get to hold you for yet another seven days, so that an operability report can somehow be provided regarding the operability of a firearm, which is often irrelevant to the criminal charge, especially in New Jersey. Operability is not even necessarily required for a firearm conviction, but here the abuse of it will be added into the Gulag’s initial holding of the gun owner. So, now you’re going to be arrested on the warrant charge on whatever the allegation of the firearm offense is, even though you’re innocent, it won’t matter. It’s a gun offense. So, the 48 hours, the prosecutor by way of their policy is going to hold you seeking pre-trial detention. Then that pre-trial detention hearing has to get scheduled within, arguably, five days, and normally it’s about that, five days, before you have the hearing. Evan Nappen 10:57 But if we get to that hearing and they say, oh no, we want another seven days, at least, here the seven days to get an operability report. So, now you’re going to be in jail for approximately two weeks, two weeks, without bail, because there is no bail. And that’s just to get you to the hearing so your attorney can try to argue to defeat the prosecutor’s motion for pre-trial detention. And they’re going to now throw this into the mix. So, you can figure with any gun arrest, you know, you’re falsely accused of being in a “sensitive place” or you’re falsely accused of possession of an assault firearm, or you’re falsely accused of unlawful possession of your handgun. You know all kind of false charges and gun rights oppression that I deal with all the time in practice. Well, you’re going to be at least two weeks in jail now before we can even get you out so we can fight the charge that will eventually get you acquitted of. Isn’t that cute? And that’s if your attorney knows how to get you out and succeeds in doing so. Because if not, you’ll just sit in jail until your trial to finally prove that. So, this is the just horrible addition to the Gun Owner Gulag. Page – 3 – of 10Evan Nappen 12:20 These bills need to be fought, and they need to be fought vigorously. Make sure you make your voices heard. Make sure you belong to ANJRPC, the Association of New Jersey Rifle & Pistol Clubs. They have a full-time paid lobbyist. They have a vigorous process here trying to fight this, but of course, we’re dealing with a state where it is a tremendous battle for the forces of constitutional rights protection. Here to succeed, it’s a difficult, challenging environment, but we have to keep up the fight. We have to make our voices known, and we can make changes. As a matter of fact, that Gulag bill, the Association was able to change the original form where it was an indefinite amount of time until they finally got the report. At least it’s been modified to a mere seven days extra. So, now it’s only two weeks in jail, guilty of nothing. Simply because you lawfully exercised your rights in New Jersey. So, these laws are terrible. They are more oppression from our oppressors. We need to fight it and make sure you do. Evan Nappen 13:44 Now, on a little bit of a Christmas gift here, despite the nightmare that the New Jersey Democrats are placing upon us. I do want to mention that thanks to President Trump and his appointment of judges throughout the land, not the least of which, of course, is the Supreme Court, getting three conservative constitutionalist judges there. But also his ability to add to the judges of the Third Circuit Court of Appeals. And because of President Trump particularly adding the last two judges that are constitutional judges that understand the significance of the Second Amendment, the full panel of 14 judges has agreed to hear the appeal in the Siegel versus Platkin, which is the Carry Killer lawsuit that challenges all these sensitive places and the other onerous restrictions that were put forward in the Carry Killer bill. And as you may know, the initial appeal with the three-judge panel, the three-judge panel that had ruled not tremendously in our favor, has been wiped out, wiped out. Now, the full panel of 14 judges are going to hear and decide the Carry Killer bill. This is very good news for us. Evan Nappen 15:26 This is something that makes me cautiously optimistic that we’re going to see some protection and our Second Amendment rights enforced, and it’s very, very important. Of course, New Jersey fought tooth and nail to try to stop the full panel from granting the en banc full panel, but the Association, particularly my good friend and colleague, Dan Schmutter, was successful here in having that full panel take the case. So, this will also bode well, because by getting a decision that knocks out most, if not all, of the Carry Killer bill, it’ll also lay the groundwork for the Supreme Court of the United States. If we start getting split decisions in the circuits over these sensitive place gambit that the Second Amendment oppressionists have pulled after Bruen to try to limit our rights, we may, in fact, see even a national case killing it permanently for the country. But here in New Jersey, we stand in good stead at the moment. Evan Nappen 16:47 Keep in mind that, at the moment, where can you carry and what are the categories where you can and can’t carry right now, at the current state. Remember, you cannot lawfully carry, even with a New Jersey carry permit, within 100 feet of a public gathering, demonstration or event requiring a Government permit. You’re still barred from zoos, parks, beaches, recreational facilities or areas owned or controlled by the state, county or local government unit designated as a gun-free zone. Publicly Page – 4 – of 10owned or leased libraries or museums. Bars or restaurants where alcohol is served and any other sites or facilities where alcohol is sold for consumption on the premises. Entertainment facilities. Casinos and related facilities. And healthcare facilities. Evan Nappen 17:41 Now you currently can lawfully carry with a New Jersey carry permit, of course, while this appeal is not resolved. These things are still blocked, though, and you’re able to carry, and this isn’t a complete list. But essentially in vehicles. As you may recall, the carjacker protection law that was built into the Carry Killer law, saying that you couldn’t have your loaded gun on your person in your vehicle. That is still blocked, and we are, we may carry in our vehicle, in that manner. Private property open to the public is no longer and still is not a sensitive place. In public film locations, we are able to carry. Additionally, the ruling is still in effect blocking the insurance requirement. As you may recall, at some point, Murphy issued an Executive Order banning the sale of so-called murder insurance, where you had gun owner protection programs, and then proceeded in the Carry Killer bill to mandate by law that you get actual murder insurance. Meaning insurance if someone commits an intentional act with a firearm, essentially murdering somebody. That’s been blocked. So, we don’t have to have insurance to have a carry license. And blocking certain permit procedures and requirements that were more administrative in nature. Evan Nappen 19:23 So, this is where we’re standing. But the good news is, with the full panel reviewing it, I’m very excited to see that outcome, and so should you. So, there is still hope. There is hope that the judiciary is going to speak for our rights, and that same full panel will be also considering New Jersey’s magazine ban and so-called assault firearm ban. So we are hopeful for some very good outcomes here, and we’ll keep you informed here on Gun Lawyer. Evan Nappen 20:07 Let me also mention our good friends at WeShoot. That’s where Teddy and I both shoot and where we get our training. And you will love WeShoot. WeShoot is a great indoor range right in Lakewood, conveniently off the Parkway. They constantly run great sales, and they have great service, a fantastic pro shop and a state of the art range, great training. I really can’t give it high enough praise. We love WeShoot, and so will you. Check out WeShoot at weshootusa.com. They have a great website with beautiful photographs. And you don’t want to miss the WeShoot girls that are there posing with some of the finest guns that you will ever see. So, make sure you go to WeShoot and take advantage of that fantastic resource for gun owners, right in New Jersey. Evan Nappen 21:11 And let me also shamelessly plug my book, which is New Jersey Gun Law, the Bible of New Jersey gun law. Make sure you get the book, folks. You need this book. It is the guidebook to keeping you safe, out of jail and not committing GOFUs in New Jersey. It’s 120 topics, all question and answer. It fills you in so you will know what the law is. It is the guidebook used by thousands and thousands of gun owners throughout New Jersey. You can get your copy today by going to EvanNappen.com. EvanNappen.com. Hey, Teddy, what do you have for us today? Page – 5 – of 10Teddy Nappen 21:56 Well, one of the things you know, it’s the holidays, Christmas, and everything’s coming along, and all the wins that have been coming through, and all the crazy insanity that you’ve described. I always think back to the show that you introduced me to, Paladin. There’s a particular episode, I think it was even the Christmas episode where Paladin is there. It’s a whole deal with the fan, like, there’s a small, I think it’s like a house living out there. And the ending line to the whole episode is, it’s Christmas. He’s saying to the guy, it’s Christmas. This is the, this is the one day of the year where we pretend there’s no evil. And that kind of sticks with me in the idea of this is supposed to be the time spent with family, and particularly, we can pretend and not think about all the anti-gun jerks and the gun rights oppressors. This is the time to enjoy Christmas movies, particular ones that involve firearms. So, as I was scanning through the internet, I saw one, I love this article, the top 10 Christmas movies with guns. (https://blog.cheaperthandirt.com/top-10-christmas-movies-with-guns/) Hey. Evan Nappen 23:17 So, that is what Christmas should be about. Guns. Teddy Nappen 23:22 Yeah, exactly. And to start things off, of course, they go with the most controversial one, which is Die Hard. Evan Nappen 23:31 Which we will agree is a Christmas movie. Teddy Nappen 23:35 Correct. I’ve heard all the debates. Evan Nappen 23:37 Ho, ho, ho. I have a machine gun. How does it get any less Christmas than that. Teddy Nappen 23:42 And quite simply, it’s not Christmas without Hans Gruber falling off the Nakatomi building. Evan Nappen 23:49 Yeah, and you know what gun he had, right? Teddy Nappen 23:55 So, well, you had Bruce Willis with his Beretta 92 with the focus. Evan Nappen 24:01 Of course. Teddy Nappen 24:02 But there’s also the MP 5. Page – 6 – of 10Evan Nappen 24:05 Yippie IA, Yippie Ki A. Teddy Nappen 24:08 And the P7 M13s. Evan Nappen 24:12 P7 that what Hans there, I believe, had. Teddy Nappen 24:17 Correct. And it was very good gun play in that part, where he’s no bullets, and it tricks him. The next one, this is actually, it’s one of those where it’s like, what the heck is this movie? I had to watch it, though. I think you were there when we watched Fat Man. Evan Nappen 24:36 Oh god, yeah. Teddy Nappen 24:37 It is probably the funniest, like, weirdest film you could watch. We have Mel Gibson and is this whole plot to murder Santa Claus. It’s him fighting, fighting Boyd Crowder from Justified. Walter Goggins. Crazy gun play between a 1911 and the fat man using a Colt Walker. Evan Nappen 25:06 Yep, definitely. It’s an entertaining film. Teddy Nappen 25:12 Yeah, it’s just one of those. I was like, okay, interesting. Now, this is technically Kiss, Kiss, Bang, Bang, which is a Christmas heist of a film. I don’t know if you ever saw it. With Robert Downey, Jr. Evan Nappen 25:26 I may have. Teddy Nappen 25:27 Kind of an action comedy. They’re carrying their Vector CP One. Evan Nappen 25:34 Oh, Vectors are in it. Huh, okay. Teddy Nappen 25:35 Yeah. And, of course, another HK P7. It’s kind of one of one of those, you kind of spot there. But I was like, I didn’t realize it involved Christmas. Page – 7 – of 10Teddy Nappen 25:44 The one I will highlight, though I always thought was funny, he put on Home Alone, one and two. Here’s the reason. Because, remember, the kid, he plays that clip, the black and white movie where he keeps. Evan Nappen 25:44 Well, you know, the P7 used to be the pistol of the New Jersey State Police, but they had over 40 accidental discharges with it, and they gave it up. And that’s because, although it was marketed as being one of the safest guns, the problem is, it’s a front squeeze that cocks the gun, when you squeeze the front. Unlike a 1911 that has a safety on the back, this squeeze cocks from the front. And the problem is, if you, if you’re not practiced and trained well enough, when you draw the gun out of a holster, you’re cocking it as you pull it out, and that creates a situation that is not exactly the safest situation to be in. There were numerous ADs with that gun. So, something to keep in mind. I think they’re cool and a very interesting design, but I remember seeing Superintendent Pagano talking about it. And he basically said, hey, look, it’s not the gun’s fault. He’s blaming his men. How nice of him. Yeah, right. So that was that episode of the gun, in theory, seeming like it may have been one of the safest guns, but in reality, it was prone to needing a lot of training to make sure that you didn’t cock it until you were ready to. So, there you go. Evan Nappen 27:36 Oh yeah. Teddy Nappen 27:36 The bad guys, oh yeah, yeah. Well, I believe you, but my tommy gun don’t. And it’s like, you’ve been smooching with everybody. Snuffy, Dale, Leo, Little Mo with the gimpy leg, Bony Bob, Cliff, and the guy thinks he’s actually like sleeping with all these individuals. Evan Nappen 27:58 Great. Teddy Nappen 27:59 Yeah. The Thompson 1921 AC sub machine gun. The actual movie is Angel With Filthy Souls. Evan Nappen 28:08 Hmm huh. Okay. Teddy Nappen 28:11 Yeah. Evan Nappen 28:11 So, that was actually a clip from an actual movie? Teddy Nappen 28:14 Yeah, that was funny. And, of course, The Christmas Story with the Red Ryder BB gun. Page – 8 – of 10Evan Nappen 28:20 Oh, the classic of all classics. And in New Jersey, that’s a firearm. It’s not a BB, you know? It’s not just a little old BB gun. There it is, bona fide, defined as a firearm. Teddy Nappen 28:32 Yeah. And they threw in some honorable mentions, like White Christmas. Where it takes, the start is at the Battle of the Bulge. So, you have the M1 Garand coming into play of that. And then. Evan Nappen 28:46 As Patton said, the greatest battle rifle ever devised. Teddy Nappen 28:51 I’d agree. And then you have Scrooged with Santa wielding the XM 556 mini gun. Evan Nappen 29:00 Okay. Teddy Nappen 29:02 And then also Bill Murray with his, remember, he had a stainless snub nose revolver because he’s freaking out that a ghost is there. Evan Nappen 29:10 Okay, yeah. Teddy Nappen 29:12 They couldn’t determine that. Evan Nappen 29:14 He didn’t do much with him and guns, but yeah. Unless it’s some gun for taking out ghosts, right? Ghost Busters. Teddy Nappen 29:22 Oh, and of course, our Majesty’s Secret Service, James Bond and Christmas, what more could you want? With his Walther PPK. Evan Nappen 29:33 Oh yeah, James Bond sometimes had some screwy gun stuff. I remember in one of them where he has an AR7, and the guy’s talking about. And it’s a 25 caliber AR. I’m like, it’s not 25. It’s 22. But hey, what do they know? Teddy Nappen 29:52 Yeah, it’s, this is just a fun list, and it’s something I just kind of like, wow, I didn’t really consider some of these as, like, Chrismas movies. But I guess so. Page – 9 – of 10Evan Nappen 30:03 Well, as long as it has guns in it, we’ll declare them to be Christmas movies. Teddy Nappen 30:08 Fair enough. If it has a gun and it’s a Christmas movie, that’s it. Evan Nappen 30:11 That’s it. That’s the standard from now on. From now on, that’s the standard. Teddy Nappen 30:16 There you go. Evan Nappen 30:17 Oh, that’s good stuff, Teddy. And soon we’ll be enjoying Christmas guns. That’s the deal. That’s the deal. Hey, it is very important that we discuss this week’s GOFU, which is the Gun Owner Fuck Up. These are mistakes that actual clients make that causes them problems, expensive problems. You get to learn for free. And this week’s GOFU is about printing. And I don’t mean printing with your computer printer. I mean about your gun showing when you’re carrying concealed. Now, in New Jersey, it’s not illegal to print. Believe it or not. A gun has to be concealed, but it doesn’t address printing while concealed. However, in New Jersey, you don’t want to print. Because not only do we need to carry concealed, but you want to keep that concealment private and secret. Evan Nappen 31:20 New Jersey is loaded with all kinds of people that are scared of guns, aren’t used to guns, and they can end up calling police because they think someone’s carrying a gun. And next thing you know, even though you’re legal to carry. You also give away tactical advantage, if people can make you as carrying. And this is an issue where individuals can make false accusations against you if they believe that you’re carrying. So, you want to make sure you don’t print when you conceal carry in Jersey. Make sure you are as discrete as possible. Also, you don’t want to inadvertently end up in a sensitive place and have a gun identified on you because you’re printing. You shouldn’t be in a sensitive place, but if you’re printing and in a sensitive place, then you’re going to have a bigger problem. So, be very conscientious when you carry, whether or not you’re printing, or whether your method of carry allows for inadvertent display of your firearm, even for a moment, because you want to stay discrete. You want your concealed carry to be concealed carry, and ultimately that gives you, if nothing else, a tactical advantage of surprise should you need your gun. Evan Nappen 32:51 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 33:01 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 Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Page – 10 – of 10 Downloadable PDF TranscriptGun Lawyer S3 E269_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  talkback@gun.lawyer Join Evan's InnerCircleHere's your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

Episode 268-Tresspassing on Our 2A Rights Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 268 Transcript SUMMARY KEYWORDS New Jersey gun rights, Assembly 6211, criminal trespass, sensitive places, carry killer bill, Supreme Court, trespass law, private property, research facilities, utility company property, school property, fourth degree crime, defiant trespasser, gun attorney, national reciprocity. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:18 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. So, the New Jersey gun rights oppressors are at it again. They have a bill that is apparently moving forward. It is Assembly No. 6211, and apparently they’re trying to jam it through before the end of the year here. (https://www.njleg.state.nj.us/bill-search/2024/A6211/bill- text?f=A6500&n=6211_I1) You know, it’s on the fast track, apparently. We’ll see. This bill is to make and criminalize the going into a place that you would otherwise be legally allowed to carry, but for giving a, putting up a sign that says “no carry”. Now, the Attorney General, as you may be aware, in New Jersey, is giving away these free signs. You know, prohibiting guns on premises, but the law regarding that falls into trespass. It’s not actually part of New Jersey’s “sensitive places” in the Carry Killer bill. Evan Nappen 01:34 Because in the Carry Killer bill, there was an extreme property ban that basically said about private property, that any private property you had to have a sign that gave you permission to have your gun. In other words, there needed to be a sign out on any private property you were going to go into with your gun. And that would include businesses and anywhere else that said, essentially, hey, we love guns. Bring in your gun, you know, in so many words. Now that was shot down by the court in the federal litigation, you know, which was brought to you by the State Association, the Association of New Jersey Rifle & Pistol Clubs. They challenged it in federal court in front of Judge (Renee Marie) Bump. And what happened was the judge basically ruled, and this is a current law in New Jersey, that when it comes to private property, if it’s open to the public, it’s not a prohibited area. You don’t have to get prior permission if it’s open to the public, unless it’s somehow otherwise a prohibited place. So, you know, if you want to walk into 7-11 with your gun, it’s open to the public, and they don’t need to have a sign that says guns are permitted. You’re good to go. And that’s how it currently is. Page – 1 – of 11 Evan Nappen 03:02 But as you may be aware, Hawaii passed a similar law, and it got upheld there. It didn’t get knocked out the way we did in New Jersey. They said, oh no, you need their prior permission. This law is now upheld there, and the Supreme Court of the United States has taken up that case. So, we’re going to get a SCOTUS ruling on the legality of that type of anti-gun and oppression-type law that they love to pass. We’re going to probably get some great, I’m hopeful, to get some great law out of the Supreme Court that we can use to fight other sensitive places. But what New Jersey is now doing, and this is something they try to do, they’ve done it in other areas, is they try to figure out sneaky end runs. Sneaky ways to oppress our rights. Sneaky ways to get around laws that protect our rights. Evan Nappen 04:11 So, you know, they’ve done it and attempted to do it with PLCAA, Protection of Lawful Commerce in Arms Act, where they’re not, under federal law, dealers and manufacturers and stuff are supposed to be protected. But New Jersey created this whole consumer protection angle that they’re exploiting to try to get around that so they can try to litigate, you know, gun shops and manufacturers out of existence, using and abusing consumer protection laws. Well, now what they’re going to do here with this bill is abuse the trespass laws in such a manner. Because it’s not the classic “sensitive place” that was in Carry Killer bill, but instead, they’re amending the trespass law in New Jersey to pull this off. Evan Nappen 04:59 Here’s what they’re doing. It falls under N.J.S. 2C:18-3, which is New Jersey’s trespass law. And this is to create criminal trespassing while carrying a firearm. You see how they put criminal trespassing while carrying a firearm. But really what it’s doing is criminalizing carrying a firearm into private property that says no guns, which is contrary to essentially the sensitive place victory that we had. It probably is going to be further decimated by the Supreme Court in its discussion, but nonetheless, New Jersey now has the following offense. So, if it passes, and they’re pushing to pass it, a person commits an offense if, knowing that the person is not licensed or privileged to do so, the person enters or surreptitiously remains, so just go with enters. Don’t worry about your staying, you know, secretly there. But enters any research facility, structure, so there’s a comma after research. So, that’s a standard research facility. It’s not just about research facilities, research facility. Evan Nappen 06:24 But they hide this stuff in there so that, you know, it’s way broader than it’s initially appearing. Research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport. So, buried in this presentation of saying, oh, we’re protecting research facilities, utility company property and airports, is the very broad structure prohibition, just stand alone structure. It’s not just structures of a research facility or a utility company or an airport. Then it says an offense under this subsection is a crime of the fourth degree. That’s up to a year and a half in State Prison, by the way. If it is committed on a school property, see, school property is part of this. Why? Because that goes to that structure, you see. Oh, well, of course, we want to keep guns out of school. So, that’s okay. That’s where they’re right. This is their whole way of sneakily selling this. Page – 2 – of 11 Evan Nappen 07:37 An offense under this section is a crime of the fourth degree, if it’s committed in a dwelling. So, this makes anybody’s home now part of this. An offense under this section is a crime the fourth degree, if it’s committed at a research facility, a power generation facility, a water treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility that stores, generates or handles any hazardous or chemical compounds. So, again, they add all that in, but don’t lose sight that all structures are still covered, even though they’re doing a laundry list of these other things to conceal what they’re doing. Don’t fall for their trick here. An offense under this subsection is a crime of the fourth degree, if it’s committed upon a utility company, and an fence is a crime of the fourth degree, if it’s committed in a sterile area or operational area of an airport. Otherwise it’s a disorderly person. Evan Nappen 08:35 So, oh, okay. If it’s another structure of some sort, you know, a dwelling, it’s just a DP, right? Wrong. Because here’s what they do. A crime of the fourth degree under this section shall be a crime of the third degree. So, they’re going to bump it up now to five years in State Prison, right? If the person possesses a firearm while committing the offense, regardless whether they have a permit to carry or not. And then get a load of the next line. A disorderly person’s offense under the subsection shall be a crime of the fourth degree if the person possesses a firearm. So, now they’re making it essentially a felony, felony, level, you know, New Jersey fourth degree. A year and a half in State Prison if you trespass in this manner. Evan Nappen 09:24 But wait, they’re not done. Because you may say, well, I would never just go into a place that I wasn’t allowed to go into. But here’s where they add in even more of the fun stuff that they use to oppress our rights. Defiant trespasser is a person that commits a petty disorderly persons offense, if the person possesses a firearm while committing the offense of a disorderly person’s offense, regardless of whether the person is a holder of a permit to carry. It doesn’t matter if the person is not licensed or if you’re knowing you’re not licensed, or enters or remains in the place, okay? And then it says. This can be given by, and here’s the punchline, folks, posting in a manner prescribed by law or reasonably likely to come to the attention of the intruders. That puts into place those free no gun signs, so that businesses and other places can post these signs. Now creating a fourth degree crime for taking your firearm into these places that have the “no gun” posting. Evan Nappen 10:40 Now, it claims that there’s an affirmative defense if the structure was, at the time, open to members of the public. But here’s the catch. The actor complied with all lawful conditions imposed on access or remaining in the structure. Oh, well, one of those conditions is no guns. So, again, they come back and get our gun rights. It makes believe it’s a defense, but it really isn’t, because of the condition that the sign creates. And that puts you back into the felony level gun rights oppression mode. Then it goes in even further to say the conspicuous posting of a sign prohibiting or otherwise indicating that it’s not permissible to carry a firearm in the structure or place shall give rise to an inference that an actor who accesses or remains in that structure or place while carrying a firearm knowingly was not licensed or privileged to enter or remain. It’s virtually like a presumption, but they’re calling it an inference. Page – 3 – of 11 Evan Nappen 11:56 So, right away, if that signs there, you’re going to be subject by that inference to arrest for having your firearm. Did not comply with all lawful conditions imposed on access to or remaining. So, again, there’s a sign, and you didn’t comply. FOURTH DEGREE FELONY for you, and you lose all your gun rights and get thrown in the Gun Owner Gulag while you’re at it. Three, did not reasonably believe that the owner of the structure or place where the other person in power to license access would have licensed them to do it and remain. So, this is their latest move, folks, to criminalize going on to property and pushing their “No Trespassing” angle. Because if the Hawaii case, depending on how it’s decided, invalidates these, in essence, the private property sensitive place prohibition, their new gambit is now doing it by way of the trespass laws. So, the gun rights oppressors are out doing their evil in their oppression of our rights. We need to stop Assembly No. 6211. It is going to be causing a lot of problems if that passes, and if it does, really what we need to do is get a website that shows every business that says “no guns”. And make sure that nobody goes to those businesses. Nobody gives those businesses any money, first of all. Teddy Nappen 13:49 I would, I would actually take it a step further. I want to do a sticker campaign where, if you see that sign, you sticker that puts on it says, rob me. Evan Nappen 13:59 Yeah, right, that’s pretty funny. Teddy Nappen 14:01 Well, I mean. Evan Nappen 14:02 Well, here’s what it is. Teddy Nappen 14:03 Pretty much, there are sending that message. Evan Nappen 14:04 Well, pretty much. They are making it much more dangerous because basically anybody seeing that sign of “no guns” knows that it is their prime target to be robbed, because they don’t believe in guns. They’re just advertising the fact that they’re helpless, defenseless, and it’s really rather stupid. But on the other hand, I’d like to see stickers out there, and there are signs and stickers that I know are available, where guns are welcome. You put the sign that you welcome lawful carriers and that ends up protecting you and others. And on the same website, we should list these places that welcome guns, and those are places that our business needs to go to. We need to use the power of our dollar to make them pay or to benefit those that try to stand up for our rights. So, this is their latest attack. We want to make you aware of it and stay vigilant. If you belong, which hopefully you do, to the Association of New Jersey Rifle & Pistol Clubs, you will probably receive the email alert about this very thing. Also, NRA and others, I’m sure, will be putting it out there, but this is what we’re up against here in New Jersey. Page – 4 – of 11 Evan Nappen 15:33 I have a couple other things to talk about real quick here. I want to mention that Toms River is now the 13th municipality to nullify carry permit fees. So, if you live in Toms River and you apply for a carry, they are going to refund the $150 to you that New Jersey requires that you pay. That’s really great. Congratulations to Toms River for joining the other 12 states, that these states, I mean other towns, not states, sorry, other towns. They are now the 13th town to do it, municipality. The other thing interesting about Toms River is that they have approved over 1600 post-Bruen carry applications. Toms River is apparently the second largest number of approved post-Bruen permits. I’m getting all this from an article from our good friend, John Petrolino, at Bearing Arms. (https://bearingarms.com/john- petrolino/2025/12/11/toms-river-marks-13th-nj-municipality-to-nullify-carry-permit-fees-n1230887) John Petrolino does great research and writing, and he has a particular focus, as well, on New Jersey. This is really interesting stuff, and it’s great to see the municipalities. The other municipalities, by the way, so, the list is Englishtown, Howell, Toms River, Beachwood, Butler, Dumont, Franklin Borough, Hardyston, Hopatcong, Medford Lakes, Vernon, Cresskill, and Redington. Boy, it feels like I’m reading a school closing list almost, doesn’t it? But those are the municipalities that have decided to refund all or part of permit fees. So, good work to those towns and those that helped to get that through. Evan Nappen 17:28 And by the way, I want to mention that John Petrolino has another article in Bearing Arms. He’s very much on top of these issues, and it’s titled, “Are We Closer to Getting a True Accounting of New Jersey Carry Permits?” (https://bearingarms.com/john-petrolino/2025/12/10/are-we-closer-to-getting-a-true- accounting-of-new-jersey-carry-permits-n1230878) And what John has done is filed under essentially the Freedom of Information legislation that New Jersey has, their version of it, which is the Open Public Records Act. And he’s looking to get the number of carry permits determined. And although we have some numbers, the problem is that it lists approved applications, but that’s not necessarily the number of currently valid permits to carry. Additionally, the carry permits do not include retired law enforcement permitting that occurs under 39-6. So, he’s looking to get the numbers of RPOs out there that have carries as well, because they’re still civilians, even though they’re retired police, and those, too, are carry permits. And knowing this information is important, as it shows more and more folks out there exercising their rights and carrying to defend themselves and others. Evan Nappen 18:55 I also want to point out another interesting headline here that I caught. This, too, is from Bearing Arms and is by Cam Edwards. (https://bearingarms.com/camedwards/2025/12/11/north-carolina-womans- lawsuit-gives-scotus-a-chance-to-establish-national-reciprocity-n1230888) I think this is really exciting. You know, we all want to see national reciprocity. And there is a bill pending, you know, HR 38, and we may see some action on it. They’re pushing it in the federal, in the Fed there for Congress to get it passed. But the problem is, of course, the Democrats, who always want to oppress our rights, and it seems that when it gets most likely to the Senate overcoming cloture, the filibuster, the Democrats are going to again kill anything that expands our ability to enjoy our Second Amendment rights. Now, maybe it’ll go through. Maybe some will see the light. There’s always a chance, and it would be great. I’m not getting my hopes up for it to pass until we get the 60 votes of solid Second Amendment Page – 5 – of 11 supporters in the Senate, but it’s good to at least get on record those oppressors of our Second Amendment rights for election time. So, if it doesn’t pass there, that’s still worth the effort. Evan Nappen 20:14 However, what is interesting is we may be able to get national reciprocity from court action, from judiciary, from challenges brought up to the Supreme Court. And this is very interesting. Because the article, “North Carolina Woman’s Lawsuit Gives SCOTUS”, which is, of course, Supreme Court of the United States, “a Chance to Establish National Reciprocity”. So, that’s exciting. What happened was Eva Marie Gardner was driving in Montgomery County, Maryland, and her car was allegedly hit by an assailant, who ran her off the road before exiting his vehicle and rushing towards her. She said she screamed for him to get away, but when he continued advancing, she drew her pistol in self-defense. She never fired a shot. When the police arrived on the scene, they ended up releasing the man who ran her off the road and arrested Gardner for illegal possession of her firearm. She now lives in North Carolina but had a valid concealed carry permit from Virginia. However, Maryland doesn’t recognize carry permits from other states, and she was ultimately convicted despite raising Second Amendment claims. Evan Nappen 21:39 So, she filed on her own after fighting this, after the Maryland Supreme Court denied her case. She took the case to the Supreme Court, filing a cert petition on her own behalf, asking for this consideration. And apparently one of the judges in the Supreme Court took a great interest in it and asked for the State to file response. And because of that, this is exciting, Gardner also filed a full faith and credit argument. You know, that one state needs to recognize another state’s documents, and not only that being a Second Amendment protection. Evan Nappen 22:26 And, you know, ordinarily, a pro se petition has very little chance of the Supreme Court taking it, but because one justice took an interest in it after Maryland waived its right to respond, you now see that some top litigators in the Supreme Court are taking up her case. The Second Amendment Foundation is also filing an amicus, and this is really good stuff. So, there is a chance here, based on this pro se petition from this woman who defended herself and then, of course, became victimized by Maryland’s anti-gun law that doesn’t recognize any other states outside permit. This may be the case, if SCOTUS takes it, that can force national reciprocity by way of our constitutional rights, and that would be fantastic. It will negate the need for Second Amendment legislation to pass, or maybe pave the way for it to pass, who knows? But that is something exciting that we’re going to be keeping an eye on, and we hope to see success. And, man, I will be ecstatic, and I’ll be the first to be telling you if SCOTUS takes a national reciprocity case. Evan Nappen 23:57 Hey, let me tell you about our good friends at WeShoot. Teddy and I just re-qualified down at WeShoot for our New Jersey carries. We did our CCARE. It was great. We love WeShoot. It’s a great place to shoot with great training. And they are running some awesome specials. They, of course, have the BUL Armory UR, which is a double-stack race gun. And they have the Springfield Saint Victor V2, which is really cool gun. It has next-gen ergonomics, flat-faced trigger, and top-tier reliability for defense or Page – 6 – of 11 range work. And they have a Ruger LC Carbine. And they’re running some super sales. It’s their last sale of 2025, and you should check out these sales that are going to go from now until the 24th. They’re offering a two-hour private lesson with 20% off. They have 1,000 rounds of nine millimeter for only 245 bucks. That’s a great deal. They have carry classes at 10% off. They have 200 rounds of .223 for $119.99. They’re offering 5% off gift cards at $100 or more. They’re offering 500 rounds of .380, for 149.99. They have Radical Firearms FR15 for only 499.99. They’re offering $300 off double action defense pistols. They have the ATI AR-15 for 399.99, and they’re offering $500 off Phoenix Trinity Firearms. So they are running some great sales. Evan Nappen 25:53 And guess what? It doesn’t end there. They’re doing 10% off all Glock pistols they have. WeShoot pistol bags for 9.99. Smith & Wesson Bodyguard 2.0 for 385. And 10% off Vaulttek Safes and accessories. They have 15% off Stopbox Safes. 25% off all used guns. 25% of all used guns. 15% off Byrnas. 10% off Savior Gun Bags, etc. They are running just tremendous sales. And that’s not all of them even. So, listen, get down to WeShoot, and check out these great sales. They’re running great prices. The sales extended. They’re offering even super deal on individual membership and upgrades. Go to weshootusa.com. They’re right there in Lakewood, easily accessible off the Parkway. It’s where Teddy and I shoot, and you’ll love to shoot there, too. Check out WeShoot. Evan Nappen 27:02 Also, let me mention again, the Association of New Jersey Rifle & Pistol Clubs. They’re there fighting the fight for us. Man, they’re in the trenches, battling it out in federal court. We should have some exciting developments. Probably next show I’ll be telling you about something very exciting happening in federal court with the state Association. It’s really great stuff. We’ll be very excited about it. I have to just make it as a teaser for now, though. And they’re challenging the magazine ban and the assault firearm ban. They have a full time lobbyist. I mean, this is our group so we can fight the gun rights oppressors. You need to be a part of our state association. Go to anjrpc.org, anjrpc.org, and make sure you join. Evan Nappen 27:59 Also, make sure you get a copy of my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law. You can go right to EvanNappen.com and order your copy. It’s over 500 pages, over 120 topics, all question and answer. It is a book relied upon by thousands upon thousands of New Jersey gun owners. It’s a book used by the State Police Firearms Division, lawyers, judges, and most importantly, so many great shooters and listeners to the show. And I know how much you love it. It’s a labor of love for me to write it. When you get the book, scan the front QR code, and join my private database of subscribers that get the updates. You can immediately access the archives and get the updates. Go to EvanNappen.com and get your copy today. Hey, Teddy, what do you have for us today in Press Checks? Teddy Nappen 28:52 Well, as you know, Press Checks are always free, and honestly, this was born out of a meme. Where, you know, you’re scrolling through, you’re trying to find, and I saw this one little post. It said, the UK, 30 years ago, disarmed themselves, and now they’re arresting you for Facebook posts. Let that sink in. Page – 7 – of 11 Now, I knew the UK disarmed themselves, but I had no idea what he was referencing. And as someone who likes to understand history, I found that it was referencing the Firearms Amendment Act of 1997. (https://www.legislation.gov.uk/ukpga/1997/5/contents) Teddy Nappen 29:35 So, just pause for a moment. You have James Carville, who’s making the argument that if the Dems ever take back power, they’re going to make Puerto Rico a state. They’re going to make D.C. a state. And they’re going to pack the court. So, with that in mind, in their goal to “save democracy”, I think to myself. If the Left had unfettered power, no roadblocks, what would they do to destroy our rights? And after reading this bill, here it is. Looking at the UK, it is the future, if they ever take back power, and what they will do to destroy our rights. So, I pulled it up right off of the UK Government website. They’re bragging about it for anyone to, you know, if anyone wants any new ideas. Here’s, here’s, what they can look at. So, the subsection describes weapons that are prohibited, and there shall be inserted the following. Any firearm which either has a barrel less than 30 centimeters in length, or less than 60 centimeters in length overall, other than air weapons, small caliber pistol, muzzle loading gun, or firearm designed with signaling apparatus. Then it goes into its laundry list of except for slaughtering instruments, firearms used for humane killing, not human killing, humane killing of animals, and shot pistols for shooting vermin. By the way, all these require a firearm certificate. Evan Nappen 31:14 Wait a minute. They didn’t see No Country for Old Men, I guess, because they still. Teddy Nappen 31:17 No, I guess not. Evan Nappen 31:18 Yeah, right, huh, yeah. Teddy Nappen 31:20 Call it like, yeah. Evan Nappen 31:24 Call it. Teddy Nappen 31:26 And they go, and, by the way, each of these has to earn, you have to qualify for a firearm certificate, because they will just say the after the constabulary has to say, well, sorry, we don’t think you this is gonna go for that. And also, they have races at athletic meetings. Oh, I love this one, trophies of war stuff obtained in 1946 as a trophy of war so, you can keep it. Still off. Evan Nappen 32:00 Can you keep it? Or do you have to turn it in? Or do you have to d-wat it? Page – 8 – of 11 Teddy Nappen 32:03 Well, here’s the crux of it. It has to be used for exhibit or display, which goes into for that, or any firearm prior to 1919. And again, it has to be earned by certificate. Evan Nappen 32:17 So, they’ve created these incredibly onerous, it sounds like they basically banned all handguns there, and just continue to be the formerly Great Britain. And since the banning of all these guns, and the turn in of all these guns, and not only guns, but they also do it to knives, too. Teddy Nappen 32:43 Correct. Evan Nappen 32:43 Now they’re going, now they’ve focused on speech because they’ve got nothing to worry about. They disarmed the citizenship. Teddy Nappen 32:52 Yeah, and also, if you were to violate said prohibition, it’s five years states prison. So, you know, might as well keep to like, Jersey standard. You know, five years. Evan Nappen 33:04 Yeah. I mean, it’s pretty weird that Great Britain can actually make New Jersey at times look pro-gun. Teddy Nappen 33:12 Yeah. Evan Nappen 33:12 I mean, that’s pretty sad. Yeah. Teddy Nappen 33:15 This is the worst offense, and this is the part that’s disgusting. It just shows you the abuse of rights. The power of the search warrant. If a justice of the peace, or in Scotland, Sheriff, is satisfied by information on a reasonable grounds that a suspect offense is about to or is committed, or the connection to a firearm ammunition, that there is a danger to public safety or peace. What does that mean if you have a connection to a firearm? Let’s say, I don’t know, making a Facebook post about you shooting in Texas and then coming back to the UK. They can get a search warrant to search your premises and arrest you promptly for any connection to a firearm. Evan Nappen 34:01 Well, the only difference there, Teddy, is New Jersey already has that. It’s just that you’re not arrested. That’s a TERPO (Temporary Extreme Risk Protection Order) right there. That is New Jersey’s TERPO. Now you just get your guns seized and your house searched and your gun rights taken. The UK is going to arrest you and criminally charge you. But New Jersey doesn’t have any due process up front on the Temporary Extreme Risk Protection Order, basically what’s called Red Flag. And that standard Page – 9 – of 11 is very similar to what you just said in the UK. So, we’re not, we’re really not that far behind in New Jersey from totalitarianism, oppression of our Second Amendment rights. And it’s just disgusting. We’re following this same model in the former, that the formerly Great Britain is doing. Teddy Nappen 34:54 Yeah, and to be, to set the tone. And this is something for the UK to think about. You guys do realize that you’re, that the whole point of the Second Amendment is to defend yourself. And case in point, as they always like to say, well, we don’t have very much gun crime. However, your rapes ticked up about, oh, I don’t know, 15 times from the early 2000s to 2024. Now it’s up to 71,000 rapes a year, which, you know, if you’re letting in massive amounts of Afghans who commit rape up to 17 times more than a native born. Yeah. Evan Nappen 35:40 Well, you know, now you’re touching on that whole other wokey, crazy issue where they’re not getting the assimilation. Not getting assimilation to whatever their culture formally was. I mean, they don’t seem to care, though, you know. I guess they’re, they’re motivated in taking away rights of their citizens, and yet the crime wave that they’re experiencing is disgusting. They get denied their rights to defend themselves, and for that matter, they have the most effective means to defend themselves. Even though the statistics show pretty clearly what the problem is. And yet they’ll try to blame everything else but what factually stares them in the face. So, it’s a shame, but we’ve got to take warning and heed in New Jersey. Because we’re heading down that path, and it’s getting worse and worse. The only thing on the good news is with Supreme Court taking two gun cases, hopefully taking more, with federal law changing, with the Justice Department looking at civil rights violations as through Second Amendment laws that oppress, and that they will be going after these states and other localities. There’s a lot that we can at least be hopeful about here, because as we stay vigilant, it is not all doom and gloom, though. There are things that we should be positive about, and we just have to keep on fighting, and that’s what we’re going to do. Evan Nappen 37:36 Now, let me tell you about this week’s GOFU, folks. This GOFU, as you know, is the Gun Owner Fuck Up. These are expensive lessons that clients have learned that you get to learn for free and not repeat them. And this week’s GOFU is about stolen guns. If you have a gun that you think is lost or stolen, I want to remind you that New Jersey requires you to report it within 36 hours. If it’s lost or stolen, the law states that you have 36 hours to report it, and if you don’t report it, then you can face serious problems. Including the use of your failure to report, and we’ve seen this, to take away your gun rights, to move to revoke your gun licenses, permits, and this is how they will use it. Even though you’re a victim of theft, they will still try to use that against you. Evan Nappen 38:44 And keep in mind, you have an obligation to report it, but keep in mind that after you report it, there is a decent chance, we’ve seen it, that they will then use the fact that you reported a gun stolen or lost to still try to take away your rights. But at least you were conforming with the law when we have that fight. This is the game that’s out there, and it’s really a problem. Because they want guns reported stolen and you do need to report them stolen, you’re failure to do so can have bad ramifications. But even when Page – 10 – of 11 you do report it stolen, prepare yourself that you may be facing licensing actions over that. If you end up where you have a gun that you think is missing or stolen and you want to know what you need to do, you need to call a gun attorney right away and discuss your specific fact circumstance so that it can be properly dealt with and you can prepare for any potential ramifications. Evan Nappen 39:48 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 39:58 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 Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Page – 11 – of 11 Downloadable PDF TranscriptGun Lawyer S3 E268_Transcript About The HostEvan Nappen, Esq.Known as “America's Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it's no wonder he's become the trusted, go-to expert for local, industry and national media outlets. Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It's Your Call with Lyn Doyle, Tom Gresham's Gun Talk, and Cam & Company/NRA News. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. 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Episode 267-Vote for Gun Lawyer Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 267 Transcript SUMMARY KEYWORDS Gun Lawyer, podcast of the year, Gundies awards, Second Amendment, New Jersey gun laws, assault firearms, registration, inheritance, gun rights, Supreme Court, firearms instructor, tactical rabbi, gun rights oppression, voting prizes, gun lawyer nomination. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. Well, folks, I’m proud to say that Gun Lawyer has been nominated for Podcast of the Year by The Gundies. And The Gundies, it’s a really cool awards program in which they look to honor various voices and those who are influencers and writers regarding our precious Second Amendment rights. This is an honor, and I’m very proud to be nominated. And what I’m doing now is I am shamelessly asking for your vote, because with The Gundies, it’s you who vote. If you go to thegundies.com, www.TheGundies.com, thegundies.com, you’ll see there are 19 different categories for different things — influencer, writer, all kinds of stuff. And on there is Podcast of the Year. Please go there and vote for Gun Lawyer for Podcast of the Year. Evan Nappen 01:42 And by doing that, not only will you help promote the show, but because we focus on these horrible problems, particularly with a centered focus on New Jersey, because New Jersey is just where the brunt of the Second Amendment oppression takes place. This will help bring greater awareness nationally to our cause, to our fight against gun rights oppression. So, we can win Podcast of the Year nationally and more people will pay attention to New Jersey and what Gun Lawyer has to say. And if you vote, you can actually win prizes. They give prizes to folks, you know, randomly, who vote. Voting closes December 15. Okay? You can vote one vote per category every day. So, vote for Gun Lawyer every day. Okay? You can do it once a day. Evan Nappen 02:47 If you vote in all 19 categories, if you pick in all 19 categories, and it’s all free, by the way, and if you watch a video at the bottom of the page, you earn an extra vote for every category that day. There are prizes. Every time you vote, you’re automatically entered to win. And the grand prize is an all expense paid trip to The Gundy Awards, which takes place in Las Vegas. And in each category, there are Page – 1 – of 11 sponsors that have prizes. So, this is exciting and fun, and, you know, it would mean something to me and Teddy, if you would be so kind as to jump on thegundies.com and vote for Gun Lawyer. Evan Nappen 03:31 I would also highly recommend our good friend, John Petrolino, for top 2A writer. You know, John is just great, and man, does he cover New Jersey and so many other things as well. He’s such an in-depth great reporter, and he’s brought so many of these great issues to the forefront. You know, we’ve talked about a lot of the great work that John has done. So, give John a vote in the top 2A writer category. And, of course, our good friends at WeShoot, they were also put out there for Firearms Instructor of the Year. And I would ask you to consider the Tactical Rabbi, that’s right, Tactical Rabbi for Firearms Instructor of the Year, and Bul Armory for the Most Innovative Brand of the Year. So, there’s four of the categories with some suggestions. And so, if you’re inclined to do so, please jump on this. We have till December 15, and hopefully this will be successful. It will be a lot of fun for you, and maybe you’ll even win some prizes by doing it. Teddy Nappen 04:49 I will also say to everyone voting for us, for Gun Lawyer, it is critical, because we need to give national awareness. I don’t think people outside of New Jersey realize the damage that the Gun Owner Gulag has created, and New Jersey is the petri dish. This is where they test all their crazy nonsense. Evan Nappen 05:13 New Jersey is a gun owners hell. Teddy Nappen 05:14 Correct. Evan Nappen 05:15 New Jersey is a gun owners hell. I wish The Gundy’s had an award for, you know, worst state. You know, greatest gun owner hell. New Jersey would win that every year. Teddy Nappen 05:26 Anti-gunner of the year. Anti-gunner. Evan Nappen 05:28 No. Gun rights oppressionists award. The Top Gun Rights oppressionist state. It is crazy, but this is actually a positive award. So, they look to get the voices and the folks out there that are all going to bat for our rights. And everybody who’s nominated, I want to congratulate all the nominees across the board. They’re all out there, spreading the word, fighting the lame-stream media, and trying to get past the agenda that the anti-gunners try to control and their lies that they put out to get us disenfranchised of our rights. It really is a battle that we’re in, and this is yet another tool in that battle. So, go to TheGundies.com and give us your vote. Make your voice heard. Page – 2 – of 11 Evan Nappen 06:23 Say, you know, one of the things I wanted to talk about, and it’s something that comes up a lot. And every once in a while, I think it really pays to do this. I want to talk about the so-called intrinsically evil “assault firearms”. That’s right, you know, New Jersey has had a ban on so-called “assault firearms”, and that in its current form, it was enacted back in May of 1990 and became effective in 1991. During that one year period of time, they allowed you to render inoperable your so-called “assault firearms”, but if you did that, you had to file a Certificate of Inoperability. If you just rendered them inoperable and didn’t file the paperwork, it’s no good. It’s the same as having an actual “assault firearm”. They did allow registration of a handful of guns, which they called registration, where you could keep them. This included the AR-15 and the M1A and the M1 Carbine, but you had to pay $50 and register it. If you actually have a registered assault firearm, it allowed you to keep so-called large capacity magazines with that gun, as long as you use that gun in competition in the DCM (Director of Civilian Marksmanship), which no longer exists, by the way. It’s now the CMP (Civilian Marksmanship Program). Evan Nappen 07:55 Now, very few did that. But, of course, if you did register one of those guns, I want you to be aware of something. If back in 1990 to 91 you registered an “assault firearm”, registered “assault firearms” in New Jersey are not inheritable. Firearms normally are inheritable in New Jersey, and they pass to your heirs without any paper registration or license. But registered “assault firearms” are not inheritable. So, if you have a registered “assault firearm” and you don’t want to just lose it to the State, you may want to think about disposing of it sooner rather than later. So that it is something that is just not a loss to the estate. Now, if you have an unregistered “assault firearm”, well that is inheritable. Believe it or not, only registered assault firearms are not inheritable. Evan Nappen 08:18 Of course, you may say, well, how can a unregistered “assault firearm” be legal for inheritance? Well, first of all, if you rendered it inoperable, that’s not registration. So, those guns are inheritable. And if you stored your “assault firearm” outside of New Jersey and didn’t register it, then it can be inherited by your heirs. Now, they can’t bring it into New Jersey either, but they can, in fact, inherit it. So, it’s only registered “assault firearms” that are not inheritable. The “assault firearm” law is just full of quirky, bizarre garbage like this. And it is insanity. As far as a law being written, its one of the worst-written criminal laws ever written. Absolutely. It is essentially beyond complete comprehension. Evan Nappen 09:51 It is a very complicated and often contradictory, five-part definition of what is supposedly an “assault firearm”. And the reason it’s so complicated is that they really can’t be defined, because “assault firearm” is just a pejorative term. The original assault rifle, if you will, the assault rifle, you know, is the German Sturmgewehr. And that assault rifle was full automatic fire and semi auto. So, it was a select- fire weapon. So, assault firearms are not assault rifles and assault weapons, which you may have heard that term assault weapon, is what the Federal law at one point banned back in 1994. But that law went away in 2004, and it hasn’t come back. So, the Federal assault weapon ban has been DOA since 2004. New Jersey still has an assault firearm law, and neither of those are assault rifles, of which the traditional classic Sturmgeweher, a medium caliber firearm that would be select fire. Page – 3 – of 11 Evan Nappen 11:09 So, what New Jersey did was contrive this definition with this complicated five parts. The first part is a laundry list of about 67 named guns. Now, of these named guns, some of them I’ve never even encountered in the wild. Okay? I’ve never even seen some of these that are on this list, and some, I think, are just made up. Maybe they like read it on the internet somewhere and thought it qualified as an “assault firearm”. But if your gun is a named gun on the list, then it becomes banned by name. Then if it’s not on the list or it’s not exactly as named on the list, then the other part of the law identified any firearm manufactured under any designation which is substantially identical to any of the firearms on the list. Evan Nappen 12:07 So, the question became, well, what does “substantially identical” mean? I mean, even think about those two words for a minute – substantially identical. Well, identical means exact. Substantial means almost. How could something be almost exact? It’s like being a little bit pregnant. I mean, you are or you’re not. I mean, this is ridiculous. You now have to guess, when this law came out, is my gun substantially identical to a gun on the list? What does that even mean? I brought a challenge to that. It was in the case of State v. Merrill, and I won. It was on an MAK 90, where the judge tossed the assault farm law in the trial court. It was Judge Farren in Monmouth County in State v. Merrill. He tossed the law as being unconstitutional, not because of the Second Amendment, but tossed it because of being vague, unconstitutionally vague. A person could not understand from the law what’s banned. In order for a law to be valid criminally, you have to understand how to conform your behavior, and under this law, you couldn’t. Because no one could tell what “substantially identical” meant. Evan Nappen 13:13 Then along came a Federal lawsuit, after I won it in State court, trying to knock out the law. And in that case, the Attorney General named in the lawsuit filed the Attorney General Guidelines to save the law by defining what “substantially identical” meant in that part of the definition. He defined substantially identical as the 1994 Federal Crime Bill definition of a assault firearm that was feature specific, even though New Jersey didn’t have a feature specific ban. The ’94 Crime Bill is what became essentially New Jersey’s list of compliant guns or not, and that is what we’re still using to this day. Those guidelines from the Attorney General. So, when you talk about whether a gun is compliant or not, and you go to those guidelines, that’s where the substantially identical comes in. Evan Nappen 14:16 So, when you look at the list of guns, it says on there Colt AR-15 and CAR-15. And let’s say you have a Bush Master, you know, XM 15, or you have Davis, or whatever. It doesn’t matter is, but it’s like an AR- type platform. Is it substantially identical or not to this? How do we know? Well, that’s where the Attorney General Guidelines came in to save what was otherwise an unconstitutional law, which itself is questionable whether this. But the court upheld it based on this. Even though the question is, how did our legislators in 1990 know that their unconstitutional law that had a vague definition would be saved by a Federal bill passed in 1994, four years later? That’s pretty amazing. Their crystal ball there to know that, isn’t it? But somehow, that’s been what we’ve been living under. Page – 4 – of 11 Evan Nappen 15:12 Under the guidelines of the Attorney General, substantially identical gets defined as any semi-automatic rifle that has the ability to accept a detachable magazine and has at least two of the following features. You have to have two. And that would be a folding or telescoping stock, a pistol grip that protrudes conspicuously beneath the action of the weapon, a bayonet mount, a flash suppressor or threaded barrel designed to accommodate a flash suppressor and a grenade launcher. Now, I know a lot of you, you know, go out grenade launching on the weekend. So, beware of that one in there. If you look at these features that make a gun substantially identical or not, I mean, a bayonet mount? What the hell does a bayonet mount have to do at all with any of this? I mean, was it because of all the drive by bayonetings? It’s, it’s nuts, but this is what we live under. But the reason we have those guidelines is not because you find them in the law. You find those guidelines, saving the law’s ass, if you will, by defining the term “substantially identical” that I had gotten knocked out as unconstitutional in that State v. Merrill case. Evan Nappen 16:25 Additional definitions for assault firearm include a semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip or folding stock. So, if you have a semi-automatic shotgun and it holds over six rounds. And let me just tell you, this is a great example of just how stupid the Attorney General Guidelines are. Because the Attorney General Guidelines, incorporating the Federal ’94 bill says about shotguns that it can’t exceed five rounds. Well, that’s crap. Completely wrong. New Jersey law says it can hold six. Can’t be over six. The guidelines say five but that’s because they didn’t know what they were doing when they passed the guidelines. It contradicts New Jersey’s law, okay? But with shotguns that are semi-automatic, all it takes is one feature. It’s not two. So, if you have a semi-automatic shotgun with a pistol grip, it’s an assault firearm. If you have a semi-automatic shotgun with a folding stock, it’s an assault firearm. If you have a semi-automatic shotgun that holds over six rounds, then it’s an assault firearm. Okay? It’s a one-feature deal on shotguns. Evan Nappen 17:38 Now, if you have a pump action shotgun, if you have a wonderful Mossberg 590 or a tactical Remington 870 or any other pump shotgun, you can have any damn feature you want on it. You can have a bayonet mount. You can have folding stock. You can have a magazine capacity of a tube that holds nine rounds. No problem. You can have a shroud on it. You can whatever you want on a pump shotgun. No problem. Pumps are not covered by this at all. So, trick out your pump shotgun to your heart’s desire, but be very careful when it comes to your semi-automatic shotgun. Evan Nappen 18:24 It also prohibited, under another section, a semi-automatic rifle with a fixed magazine capacity exceeding 10 rounds. However, the original definition in 1990 set a semi-automatic firearm with a fixed magazine capacity exceeding 15 rounds, and this included tube-fed .22s, your classic Marlin Model 60, and you know your Remingtons and Winchesters that were semi-auto and held over 15 rounds in the mag tube. But what happened was they became a laughing stock, New Jersey, over their ban on .22s, and it became detrimental to them trying to oppress our rights so badly that they actually amended New Jersey’s assault firearm law to exclude tube-fed .22s. So, if you now have a semi-automatic .22 rifle that has a fixed tubular magazine and holds over 10 rounds, it is not an assault firearm. It’s legal. Your Page – 5 – of 11 tube-fed, semi-auto .22 can hold as many rounds as the tube wishes, and is possible to hold. Not a problem. So, that’s how that works. Evan Nappen 19:45 And then finally, they throw in this ridiculous part or combination of parts designed or intended to convert a firearm into an assault firearm. Don’t you love when the definition uses its own words to define itself? Say, that isn’t vague or confusing, is it? Or any combination of parts in which an assault fire may be readily assembled if all those parts are in the possession or under control of the same person. So, you have that catch all of parts nonsense as well. So that is New Jersey’s assault firearm definition. Evan Nappen 20:18 Possession of an assault farm is extremely serious in New Jersey. It’s a crime of the second degree. It carries up to 10 years in State Prison, and it has a minimum mandatory of three and a half years, no chance of parole. If you get convicted of possession of an assault firearm, you’re looking at the judge’s hands being tied, and you will have to do a minimum of three and a half years with no parole in State Prison. Additionally, if you’re charged with assault firearm, you will be thrown in the Gulag, and there’s a presumption against you getting bail if you’re charged, not even convicted, just charged with possession of an assault firearm. New Jersey has lost its mind when it comes to this and so many other gun laws, but it’s always worth a review. I want to make it clear to my listeners just how bad it is, so that you don’t end up a GOFU on New Jersey’s idiotic assault firearm ban. Evan Nappen 21:20 Hey, let me mention our good friends at WeShoot. Of course, WeShoot is the range where Teddy and I shoot. They have great training and a beautiful range, right there in Lakewood, New Jersey, centrally located. They’re a great resource. You can get your CCARE certificate there so you can get your carry, ad you can get all kinds of training. They offer other training for a carry license from other states. They can offer you advanced training, great range, so you can hone your skills and stay on target. WeShoot. You go to weshootusa.com. Beautiful photographs. They’ve got the WeShoot girls there posing with great guns. You’ll love looking at that. And you can check out their pro shop where they have great deals. Great gear, great guns, and great folks at WeShoot, weshootusa.com. It’s a great place. We love it, and I know you will, too. Evan Nappen 22:21 Aso in this battle, this entire time, it’s been the Association of New Jersey Rifle & Pistol Clubs (ANJRPC). The Association of New Jersey Rifle & Pistol Clubs are in the courts right now battling the assault firearm law. I’m feeling more and more hopeful, folks that we’re going to see the Supreme Court take up assault firearms and large capacity magazine cases. New Jersey’s fighting it out. It may, in fact, be the New Jersey case that the Supreme Court hears down the road, maybe others. They’re proceeding pretty rapidly to the Supreme Court. We’re getting mixed decisions in the different jurisdictions, which also leads to the Supreme Court wanting to take the cases. It is really important that we finally get a case from the Supreme Court where they look at items that get banned. Page – 6 – of 11 Evan Nappen 23:11 The Supreme Court does have two cases this session that they’ve picked looking at the “sensitive places”, which is really important, because that will help fight New Jersey’s Carry Killer bill. It goes at one of the laws that New Jersey, in fact, has regarding property, private property, and whether or not it can be banned. They’re also looking at whether marijuana can be a disqualifier or not, whether that’s a lawful disqualifier that can take away your Second Amendment rights. They may finally eliminate Bang or Bong. You can’t have both. So, these cases will be very interesting, and they also can have much more far reaching consequences and help us in our battle to fight the gun rights oppression. So, these are things to look forward to. And your State Association, the Association of New Jersey Rifle & Pistol Clubs, is there fighting these issues out and filing amicus briefs in other cases, and also in the legislature with our paid lobbyists full time. Keeping an eye on the shenanigans going on down there. So, make sure you join the Association so you can stay updated and you can take action as you get those email alerts. It’s very important. So, join anjrpc.org today. Evan Nappen 24:36 And let me also mention my book, New Jersey Gun Law. It’s the Bible of Jersey gun law. It’ll help you stay legal in New Jersey and not fall into these traps and these things that we talk about, like the whole understanding of assault firearms. If you’re confused by what I said, you can read it slowly, carefully in my book, under the chapter assault farms. I put it in question and answer so anyone can understand it. I want you to understand it. I want my fellow gun owners not to be turned into criminals and to lose their gun rights. It’s why I wrote the book. So, get your copy today. Go to EvanNappen.com, EvanNappen.com, and get my book, New Jersey Gun Law. It makes a great holiday gift. Check it out, the 25th Anniversary Edition. And when you get the book, scan the front cover, the QR code right there, and you will get our link right to my archive, where you can download the 2025 Comprehensive Update. Of course, I’ll be doing updates for the new year, and you’ll want to get them. You’ll get notified of that and any other crazy changes that take place in New Jersey. We have to be eternally vigilant. Teddy, what do you have for us this week? Teddy Nappen 25:53 Well, as you know, Press Checks are always free. And this is something that you know when you see it, you have to think, what would the Left do if they had unfettered power? If they, you know, added more states and packed the court and made every illegal a voter? If they had unfettered power, what does that lead to? Well, I was flipping through Bearing Arms, and sure enough, a British man was arrested for a picture of himself posing with a shotgun. This is an article by Tom Knighton. (https://bearingarms.com/tomknighton/2025/12/01/british-man-arrested-for-picture-of-him-shooting- shotgun-n1230765) Evan Nappen 26:34 He was posing with the shotgun. Where? Teddy Nappen 26:37 Correct. In the United States! Yeah, of course, they got arrest the man for posing with something that’s across the entire continent. The British IT consultant was arrested after posting a photograph of himself holding a gun during the holidays in the United States. The case drew sharp criticism from Elon Musk Page – 7 – of 11 everybody as West Yorkshire. He was shocked after police visited then detained him over the image, which he says was taken legally on private property in Florida. Evan Nappen 27:05 Wait, there’s guns in Florida? Teddy Nappen 27:16 I know – shocker. The West Yorkshire Police later visited his home and advised him to be careful about what he posts online. Evan Nappen 27:27 What’s all this, then? What’s all this then? Teddy Nappen 27:33 Right! Yeah, and the officers did not ask to see any proof that he had taken the photograph in the U.S. as they then returned to his home at 10 pm and promptly arrested him. The bail documents referred showed there were allegations of possessing a firearm with a cause, with intent to cause fear of violence, as well as separate allegations of stalking linked to another photo. Evan Nappen 28:04 Are you sure this wasn’t a Monty Python episode? I mean, it’s unbelievable. Teddy Nappen 28:09 Yeah, and he was held overnight before being interviewed. So, they locked him up and said, all right, we’re gonna get you in the morning. Evan Nappen 28:17 They jailed him over it even. Good grief. Teddy Nappen 28:19 They dropped the charges. But then said, you better not lead any more incitement as you posted a photo. Evan Nappen 28:25 Oh, God, you can’t. Teddy Nappen 28:28 You can’t get any more Orwellian than that. Being arrested over a photograph. Not even possession of firearms, because they can’t do that in England. A photograph. Evan Nappen 28:41 Well, you know, I had a case similar, Teddy. Not quite that, but close, you know. When I had a case with a guy whose son had passed the New Jersey Hunter and was a New Jersey Hunter. He was posing with his gun. He just had a picture with his firearm. Nothing bad. No threats, nothing. And they Page – 8 – of 11 went and tried to cause a huge problem for him and his family. It was outrageous over just a picture of his son legally with a gun. And that was New Jersey. Now, luckily, he didn’t get arrested and criminally charged and thrown in jail. But still, you know, these things can happen even in New Jersey, and it’s getting worse and worse. So, we have to be very vigilant of this. And it shows you. I mean, the U.K. is just the, I would call them, the formerly Great Britain. Formerly Great Britain. Teddy Nappen 29:47 I just call it hell. Because what they are looking to do now, I just. I like to highlight these stories that have come up in the past, because unfortunately, the Left are very good at memory holing the utter insanity they pull. For instance, in the U.K., and this is from The Mirror by Kelly-Anne Mills. (https://www.mirror.co.uk/news/uk-news/autistic-girl-who-told-cop-30673891) Remember the autistic girl who got arrested for using “homophobic language” for calling the cop, oh, you’re my lesbian Nana. They dragged her to the police and promptly arrested her. Arresting an autistic girl, 16 years old, for saying she looks like my lesbian Nana, who she did have. Evan Nappen 30:34 She didn’t say it in a bad way. Teddy Nappen 30:36 No, she just said you look like my Nana. Evan Nappen 30:40 Yeah. Teddy Nappen 30:41 And it showed her being dragged out, which, or if you they go into like, for autistic people, can’t, they freak out if you even touch them. But the dragging her through in the massive footage, which, it’s just such an embarrassment. By the way, it was the West Yorkshire Police. I’m noticing a pattern being the Orwellian thought crime police. They outdid themselves with this one, which this came up recently. Do you remember that woman who was arrested for silent prayer? Evan Nappen 31:11 Oh, a thought crime. Thought crime, that’s good. Yeah, great. Teddy Nappen 31:15 Yeah, well, finally it came due where the West Midland Police were forced to pay 13,000 pounds to the woman for falsely arresting her. Teddy Nappen 31:27 For silently praying outside an abortion clinic. But take this as you will. She was still arrested for thought crime. This is coming right from the ADF International U.K. Utter insanity. (https://adfinternational.org/en-gb/news/silent-prayer-arrest-payout) And when I look at this, I see this is what the Left wants. They want you and I, Dad, to be dragged out and arrested for our speech, Page – 9 – of 11 because that’s the only way they can win. They can’t win in the battlegrounds of ideology. Showed that by them killing Charlie Kirk. Now they want to go for arresting you for your ideas. That is their goal. Evan Nappen 31:27 Good. Evan Nappen 32:03 We couldn’t do the Gun Lawyer show in the U.K. We’d be raided, jailed, and forget it. Yeah. I mean, you know, we still have a First Amendment here, and we love the entire Constitution, not just the Second Amendment. But we’re facing oppression of all our Constitutional rights, but at least we still have them. It’s really sad about how the formerly Great Britain has been just turned into a laughing stock and a place that I wouldn’t even want to step foot in. I mean, at one point I would have loved to have gone there. But nope, not anymore, man. Not a chance. They are just nuts, and their suppression of so many rights and what they’ve let happen to their country is just sad, very sad. Evan Nappen 32:57 Hey, let me tell you about this week’s GOFU. This week’s GOFU is an important GOFU because we have the holidays coming up. And, you know, we all, I’m sure, love to watch A Christmas Story, right? A Christmas Story is a classic with Ralphie. But the star of A Christmas Story, not just Ralphie, is the Daisy BB gun, right? The Daisy BB gun. And I’m sure many of you have fond memories if you were fortunate enough as a kid to have a Daisy BB gun. But I’ve got to tell you, BB guns in New Jersey are firearms, folks. Keep that in mind. A BB gun is defined as a firearm in New Jersey. You cannot just give a BB gun to your child, to your son or to your daughter. You cannot do that. It’s the same as if you just gave them a gun. Evan Nappen 34:01 If you buy a BB gun, it’s your BB gun. If you want to shoot the BB gun with your child, you need to be with them in the same way as if it is a modern cartridge firearm. You can’t just give them that BB gun to keep in their room, to go out in the woods alone and play with it and have fun like we did in the old days. You cannot do that. It is a firearm. You can lose your gun rights and even face criminal charges. And so can your child. So, the GOFU is, remember, air guns are firearms in New Jersey. Treat them the same as firearms in any way that you would want to give a firearm, okay? Gifting a firearm in New Jersey itself is not permitted without proper paperwork. So, you can’t buy any gun for anyone and just give it to them. They’re going to have to have a transfer done with paper, with a pistol purchase permit for handguns and a firearm ID card for long arms. And if they’re not immediate family, it has to go through a dealer. The only way you gift a gun in New Jersey is with full paperwork. So, that’s the GOFU. Keep it in mind during this holiday season. Evan Nappen 35:33 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Page – 10 – of 11 Speaker 2 35:44 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Page – 11 – of 11 Downloadable PDF TranscriptGun Lawyer S3 E267_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  talkback@gun.lawyer Join Evan's InnerCircleHere's your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

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

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

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

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

Episode 238-Business and Gun Laws Don't Protect Your Rights Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 238 SUMMARY KEYWORDS Gun laws, financial interests, NFA modification, silencers, Hearing Protection Act, reconciliation bill, business model, deregulation, gun rights, overcriminalization, President Trump, ATF

Episode 237- Gun Violence Propaganda Memorial Removed Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 237 SUMMARY KEYWORDS Gun rights, gun violence, gun safety, ATF, Biden administration, Trump administration, propaganda, criminal violence, firing squad, execution, New Jersey gun law, gun control,

Episode 236-Desperate Democrats go for Assault Weapons Ban Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 236 SUMMARY KEYWORDS Gun control, Second Amendment, assault weapons ban, semi-automatic rifles, semi-automatic pistols, detachable magazines, pistol grip, forward grip, grenade launcher, barrel shroud, threaded

Episode 235-The Gun Owner's Digital Second Amendment Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 235 SPEAKERS Evan Nappen, Teddy Nappen Evan Nappen 00:14 I'm Evan Nappen. Teddy Nappen 00:16 and I'm Teddy Nappen. Evan Nappen 00:17 and welcome to Gun

Episode 234-Booby-Trapped Rifle Found By Police Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 234 SUMMARY KEYWORDS New Jersey Attorney General, weapons offenses, booby trapped rifle, assault firearms, large capacity magazines, unlawful possession, certain persons, New Jersey Transit Police, unattended luggage,

Episode 233-Jersey's Newest Registration Scheme Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 233 SUMMARY KEYWORDS New Jersey gun laws, de facto registration, Attorney General, consent order, gun store, unlawful sales, firearm enforcement, gun industry, reasonable controls, gun-related products, firearm possessors,

Episode 232-Is the RoTo 12 Jersey Legal? Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 232 SUMMARY KEYWORDS Roto 12, black powder firearm, American Gun Craft, New Jersey gun laws, destructive device, assault firearm, mail order restrictions, replica firearms, UK gun

Episode 231-The Oppression Continues  Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 231 SUMMARY KEYWORDS New Jersey gun laws, Second Amendment, anti-gun bills, digital instructions, accidental discharge, felony offense, domestic violence restraining order, constitutional carry, concealed carry reciprocity, knife owners protection

Episode 230-Trump: Promises Kept Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 230 Gun Lawyer Transcript – Episode 230 SUMMARY KEYWORDS President Trump, federal relief, felons, gun rights, ATF, Department of Justice, Second Amendment, expungement, Charles Schumer, anti-gun propaganda, tariffs, firearm

Episode 229-How Mad Should Mad Max Be?  Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 229 Gun Lawyer -- Episode 229 Transcript SUMMARY KEYWORDS Gun rights, Mel Gibson, domestic violence, Lautenberg ban, Second Amendment, federal disqualifier, relief from disabilities, Washington Post,

Episode 228-Murphy's BOHICA For NJ Gun Owners Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 228 SUMMARY KEYWORDS Gun Lawyer, Phil Murphy, firearms tax, ammunition tax, firearms ID card, carry permits, Second Amendment, institutionalized racism, law enforcement, mental health services, gun

Episode 227-Will Jersey Ban Eating Beaver? Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 227 SUMMARY KEYWORDS New Jersey gun laws, beaver eating ban, Minnesota statutes, Senator Grant Hoschild, Civilian Marksmanship Program, 1911 pistols, President Trump, USAID corruption, Open Society Foundation,

Episode 226-New Bill to Hold Gun Owners Without Bail Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 226 SUMMARY KEYWORDS New Jersey anti-gun bills, gun seizure, domestic violence restraining order, machine gun conversion devices, digital instruction, reckless discharge, pre-trial detention, cashless

Episode 225-Son of A Gun Lawyer! Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 225 Transcript SUMMARY KEYWORDS Second Amendment, Executive Order, ATF, gun rights, Trump administration, gun violence prevention, firearm regulations, NFA amnesty, 4473 form, gun safety, gun laws, gun

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Episode 223-Rights Oppression Has No Limits Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 223 Transcript Page - 1 - of 12 Gun Lawyer -- Episode 223 Transcript SUMMARY KEYWORDS Gun rights, Second Amendment, UK disarmament, knife crime crisis, Idris Elba,

Episode 222-Beware The Illegal PD Paperwork "Trap" Also Available On Searchable Podcast Transcript Gun Lawyer-- Episode 222 Transcript SUMMARY KEYWORDS Gun lawyer, concealed carry, firearm license, Summit PD, survey form, constitutional rights, police misconduct, carry permit, gun violence prevention, executive orders, Second