Podcasts about Gun Talk

In This Hour:--  Dolly Parton not only carried a gun for protection, but she used it in self defense. --  How to store your carry gun at night.--  How hot is too hot to shoot?Gun Talk 8-30-26 After ShowBecome a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Will shooting competition matches hurt your survival chances in a gunfight?  Noted trainer Steve Tarani knows this question from both sides.--  Preserve the memories of family members who have owned and used "family guns."--  Rather than giving guns to grandchildren, consider gifting a shooting lesson or a school.Gun Talk 8-30-26 Hour 3Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Why do guns stop working? Noted gunsmith Dave Fink, from Finks Guns, explains what's required to keep your pistol running.--  The Justice Department now has a process where those who lost their gun rights after conviction of a crime can get them back.--  How to have the conversation about guns when a loved one shows signs of dementia. Gun Talk 08-30-26 Hour 2Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- The Centers For Disease Control just reposted to its website data about defensive gun uses which was hidden by the Biden Administration.  Cam Edwards from Bearing Arms explains.--  Sometimes slow is what you need in a gunfight. Firearms trainer and former special forces operator Jeff Gonzales breaks down what's important and what's generally misunderstood.--  Why are Flock license plate reader cameras popping up at gun stores and shooting ranges? Gun Talk 08-30-26 Hour 1Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Episode 305-BACK TO BASICS Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 9 Gun Lawyer — Episode 305 Transcript SUMMARY KEYWORDS Gun laws, New Jersey, Machine guns, Handguns, Rifles, Shotguns, Assault firearms, Legal exemptions, Carry permits, Firearm ID, Second Amendment, Defensive use, CDC data, Gun rights, Application errors SPEAKERS Evan Nappen, Speaker 2 Evan Nappen 00:18 I’m Evan Nappen, and welcome to Gun Lawyer. So, my cohort in crime, Teddy, will not be joining us on the show today because Teddy is a brand new daddy. That’s right, he’s a father of a beautiful baby girl, which of course makes me a grandfather. Oh my God, I can’t even believe I’m saying that. She is just cute as a button, and I’m not just saying that because it’s my granddaughter. She really is. Her name is Alianna, and we are all so excited and happy about this. I can’t even begin to tell you. But Teddy has got his hands full with his beautiful wife and his beautiful new daughter, so I will be flying solo today with you. Evan Nappen 01:17 at I want to talk about is something important for gun owners in New Jersey to know, and even outside New Jersey. And that is the basics of how New Jersey bans all guns, and then creates a legal system that essentially allows and permits possession by exemption. I think this is why the entire foundation of New Jersey gun laws can eventually be completely wiped out because it takes what is a constitutional right and just reverses how that right is supposed to work. But nonetheless, the law is something you need to understand in New Jersey. And for those who don’t live in New Jersey, you want to understand this so you don’t ever see this happen in your jurisdiction. Evan Nappen 02:18 he place to begin is under New Jersey law, under N.J.S. 2C:39-5 (Unlawful possession of weapons.). Now, the 39-5. gun laws in New Jersey are where you see basically every firearm banned. Then the exemptions get created in two ways that essentially permit limited possession. It’s really insane when you think that a constitutional right is treated in this way, but yet it is. So, let’s take a look, beginning with 39-5., 2C:39-5. Now, subsection a. is a ban on machine guns, and what it says there is that any person who knowingly has in his possession any machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so pursuant to (2C:)58-5, is guilty of a crime of the second degree. So, the only way to possess a machine gun in New Jersey is if you have a 58-5. machine gun license, and the machine gun license historically has been an impossibility to obtain. Page – 2 – of 9 Evan Nappen 03:51 But interestingly, I think we’re going to see some serious challenges because the way New Jersey structured this law, the machine gun license required you first to get a carry permit. At the time, virtually no one could get a (New Jersey permit to) carry. Now, over 100,000 Jerseyans and non-residents do have carry permits, and the standard that you’re left with the machine gun license is quite bizarre of having to show somehow it’s in the public interest for you to have it. And that’s absolutely contrary to Bruen, but for now, the number one thing to keep in mind is the machine gun prohibition does not have any other exemptions within New Jersey law. Only this license is the exemption. And when I say no other exemption, I’m talking about for an otherwise law-abiding citizen to possess. There are exemptions for certain military, police, etc. There’s exemptions even for dealers, but we’re not focused on that. We’re focused on other normal, law-abiding, average citizens. So, forget about it for machine guns. Evan Nappen 05:02 But let’s move now to the b. section of 39-5. Now that’s one that applies to a hell of a lot of folks in New Jersey. The b. section of 39-5 is handguns. Listen to how New Jersey bans handguns. New Jersey’s law says: Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without having first obtained a permit to carry the same as provided in (2C:)58-4., is guilty of a crime of the second degree. Let that sink in, folks. The only way you can lawfully possess a handgun, possess. We’re not even talking about carry. The only way to lawfully possess that handgun on the face of the statute that prohibits the possession of a handgun is if you have a (New Jersey) permit to carry a handgun. Evan Nappen 06:06 Now I know there are a lot of folks out there that don’t have permits to carry that simply acquired a handgun with a permit to purchase a handgun. So, how can this be? How can you lawfully possess that handgun if you don’t have a carry permit when the statute requires you to have a carry permit? And if you don’t have a carry permit, you’re guilty of unlawful possession of a handgun right on the face of the statute, which is an extraordinarily serious offense. Unlawful possession of a handgun in New Jersey is a second-degree crime. New Jersey doesn’t use the term felony. They use the term crime, but it’s the equivalent of a felony. You can think of it in that way. It carries up to 10 years in State Prison, and it has a minimum mandatory three and a half years under what is called the Graves Act. Where if you’re convicted of unlawful possession of a handgun after a trial, a judge has absolutely zero discretion and must impose at least three and a half years as a minimum component of your sentence with no ability to be paroled. You do every day of that three and a half years before you’re even eligible for parole. Evan Nappen 07:31 So, since you have to have a carry to possess it, what about everyone who doesn’t? Well, the answer to that lies in the exemptions, and we’ll get to the exemptions in a moment because we’re going to talk about exemptions. But right now, we’re just talking about the statute itself that mandates a (New Jersey) carry permit in order to legally possess a handgun. Under subsection c., is rifles and shotguns, and there it says: any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearm purchaser ID card in accordance with (2C:)58-3, is guilty of a crime of the third degree. So, that makes it a third degree crime, up to five years in State Prison, if you have a shotgun or Page – 3 – of 9 rifle without a firearm ID card. The law goes further to say, unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime in third degree. So, what about those that possess rifles or shotguns without a firearms ID card? Well, on the face of this statute, you’re looking at up to five years in State Prison. However, we’re going to discuss the exemptions, and the exemptions are critical in understanding how these possessory laws actually work. Even though the exemptions are technically a defense that you, as a law-abiding citizen, can be put to the proofs where you have to prove the defense. Evan Nappen 09:03 Then there’s subsection d. of 39-5. Subsection d. is “other weapons”, and that says: any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have, is guilty of a crime of the fourth degree. So, that’s up to a year and a half in State Prison for any “other weapon”, anything that may be construed as a weapon, if it’s possessed under circumstances not manifestly appropriate for such lawful uses as it may have. Look at that vague, ridiculous language there. So, anything that can be construed to be a weapon, and then the circumstances not manifestly appropriate become subject for a jury trial. So that 12 people who aren’t smart enough to avoid jury duty get to decide whether those circumstances were manifestly appropriate or not. Isn’t that cute? And you need to further know that New Jersey case law, through Kelly and Montalvo, they found that the so-called circumstance is not manifestly appropriate for such lawful uses as it may have. In Kelly, the court specifically found that self-defense was not a manifestly appropriate lawful use. Imagine that! You cannot preemptively arm yourself with a weapon under Kelly. Self-defense doesn’t cut it. But then Kelly got modified with Montalvo. If it’s in your home, if it’s in your home and you have it for self-defense, then the court actually finally came to its senses, at least on that, and said, yeah, self-defense possession in your home is manifestly appropriate circumstances, but not outside the home. So, we still need a case that says outside the home, where you’re lawfully allowed to use self-defense, where you have a right to self-defense. That even outside the home, it’s a manifestly appropriate use for any other weapon. We’ll talk more about that one in the future. Okay, but there you go. Those are the prohibitions. Evan Nappen 11:32 Then, of course, we have the infamous subsection f., and that’s where assault firearms are banned. It says: any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree. Again, that draconian Graves Act, up to 10 years, minimum mandatory three and a half. Except if the assault firearm is licensed pursuant to (2C:)58-5. And by the way, that’s the same license as a machine gun license, which virtually no one could ever get. Or rendered inoperable, and that render inoperable period went from May of ’90 to May of ’91. And you had to do a rendered inoperable form. If you didn’t do it then, you’re out of the box. You couldn’t do it. Or if it was registered. Again, that registration period expired back in ’90. It may have ’90 to ’91 as well. So, assault firearms became prohibited with no way of making them lawful after May of ’91, unless you could somehow get an assault firearm license, which was a de facto impossibility, a de facto ban. Evan Nappen 12:52 In fact, as determined in the federal court decision Coalition versus Florio that I brought, it was determined that it was a de facto ban. So, that license is known, you know, essentially it was viewed as Page – 4 – of 9 fake in so many words. You know, yeah, good luck. Like it was just structured to be an impossibility and even recognized as such by essentially by the court. So, if you had an assault firearm, there was nothing that could be done there. Exemptions that we’re going to discuss next do not apply to assault firearms. he exemptions only apply to B, C, and D. So remember, B. is the ban on handguns unless you have a (New Jersey) carry permit. C. is a ban on rifles and shotguns unless you have a firearms ID card, and D. is a ban on “other weapons” without manifest lawful purpose. Evan Nappen 13:52 However, what the statute in 39-5 does not reference, but you need to know, is that under N.J.S. 2C:39-6, you will find an entire host of exemptions. There’s exemptions for law enforcement, military, all kinds, tons of exemptions. But the exemptions that have the most bearing to the average, law-abiding citizen, they’re found in subsection e. and subsection f. of the exemptions. Let me read you what these exemptions say. The exemptions say that nothing in subsection b., c., and d. of 39-5, so that is handguns, rifles and shotguns, and other weapons under the 39-5 ban, shall be construed to prevent a person keeping or carrying about the person’s place of business, residence, premises or other land owned or possessed by the person, any firearm, or from carrying the same, in the manner specified in subsection g., which is unloaded and in a case or in the trunk, or in a securely wrapped package, from any place of purchase to the person’s residence or place of business, between the person’s dwelling and place of business, between one place of business or residence and another when moving, or between the person’s dwelling or place of business and place where the firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location. Evan Nappen 15:42 So, subsection e. of 39-6 exempts law-abiding citizens in New Jersey for possession of handguns, rifles and shotguns, and other weapons in their home, and you do not need a (New Jersey) carry permit. You do not need a firearms ID card. You do not need to have manifest lawful purpose, so-called. As long as you are simply possessing in your home, you are exempted from those requirements under 39-5. It is a law that allows possession by exemption unless one has licenses, and if you have licenses, then you’re exempt under the face of the statute. And if you have a license and you’re within exemption, you have double protection, essentially. And the exemption under subsection e. applies to home. It applies to place of business. Now that means a business you actually own. It’s not just the place you work. It’s got to be your place of business that you own. The courts have narrowly interpreted it to mean that. Not even a place you just manage. You’ve got to be an owner. It’s got to be your business. But if it is, then you have exemption there. You’re exempted for moving between your residences while moving, etc. That’s the exemption under subsection e. Evan Nappen 17:22 Then there’s an exemption under subsection f., and f. again exempts b., c., and d. of 39-5; handguns, rifles and shotguns, and other weapons under 39-5. ere the exemptions say that those prohibitions shall not apply to any member of a rifle or pistol club organized in accordance with the rules prescribed by the National Board for Promotion of Rifle Practice, in going to or from a place of target practice, carrying firearms necessary for target practice, provided the club has filed a copy of its charter with the superintendent and annually submits its list of members to the superintendent, and provided further that Page – 5 – of 9 the firearms are carried in a manner specified in subsection g., which is, of course, cased and unloaded. Evan Nappen 18:08 Here’s another exemption under f. under subsection (2). A person carrying a firearm or knife in the woods or fields, or upon the waters of the state for the purpose of hunting, target practice, or fishing, provided that the firearm is or knife is legal and appropriate for hunting and fishing purposes in the state, and the person has in the person’s possession a valid hunting license, or with respect to freshwater fishing, a valid fishing license. Number three, a person transporting any firearm or knife while traveling directly to or from place for purpose of hunting, fishing, provided you have a valid license, or directly to or from the target range, or other authorized place, for the purpose of practice match target trap skeet shooting expeditions. Provided during that whole time you’re transporting, you’re transporting pursuant to subsection g. Evan Nappen 19:18 So, the takeaway here is how New Jersey bans essentially all guns, and how the matrix is set up so that there are exemptions. Exemptions that we’ve just talked about. But keep in mind that the exemptions are a defense. The burden becomes on the defendant to have to prove that you’re within those exemptions. Otherwise you see bans. Bans that have only exemptions by way of licensing, unless you fall within those specific statutory exemptions. I think that structure is frankly disgusting as to how a constitutional right is and has been treated by New Jersey. But because of that structure, I also believe that we have a fantastic opportunity now as we see the empowerment of the Second Amendment to finally take out and take down the very foundation of New Jersey’s oppressive gun laws. Evan Nappen 20:36 By the way, I want to give you just a little heads up about a threat that is apparently lurking. This is weird and odd. I can’t hammer it down any more than what I’m going to tell you right now. But the news aggregate source called the Daily Caller, some of you may be aware of it, had an article that says “Anti-2A Group Plots New Gun Ban in New Jersey”. (https://dailycaller.com/2026/08/26/anti-2a-group-plots-new-gun-ban-in-blue-state/) This is August 26, 2026, by Harold Hutchison, who is a Second Amendment reporter that says the gun-control organization March for Our Lives, that’s the group headed up by that A one a hole of David Hogg. His group sent out an email fundraiser announcing plans to pass a weapons ban in New Jersey. And reading this is just bizarro. Remember Hogg has made his entire life and career over being a perpetual victim from the Parkland atrocity, and he’s an insane Left wing activist. By the way, if you’ve ever seen the stuff that he puts out. But anyway, this group uses this term “weapons of war”, “weapons of war”, and says, “The proposed weapons ban in New Jersey is a vital step toward getting weapons off our streets and protecting our neighborhoods from preventable tragedy.” This is a fundraiser being done by this group. Evan Nappen 22:49 When you look at the actual screenshot here from March for Our Lives, here’s what this screenshot says. From March for Our Lives. “We’re bumping this to the top of your inbox because we have a genuine, high-impact opportunity to push real gun safety forward — and we can’t afford to miss it. Right now, New Jersey lawmakers have a chance to pass critical legislation banning weapons of war from Page – 6 – of 9 our communities. When our generation first marched in 2018, people told us we were just angry kids who didn’t understand how politics worked. But together, we’ve proved that hope isn’t just a feeling — it’s an action.” And then it goes on to say, “From helping establish first-ever White House Office of Gun Violence Prevention to passing landmark federal legislation, we’ve seen what happens when young people organize and demand a better future. Passing this weapons ban in New Jersey isn’t just about one state — it sets a benchmark for the entire nation and proves that progress is unstoppable when we stand together.” Then it all says, “Will you take 10 seconds to add your name and show support for the NJ weapons ban today?” Evan Nappen 24:19 Okay. I’ve got to tell you, folks. I have no clue what the hell they’re talking about. First of all, New Jersey already has the most egregious assault firearm ban on the books and that has just taken a death punch by the Third Circuit Court of Appeals en banc with the magnificent decision wiping it out under the Second Amendment with both mags and guns. Now, granted, it is stayed at the moment because the Supreme Court has also taken up this issue. But what the hell are they talking about? New Jersey’s law is on its deathbed. It’s on life support, barely. Soon to die, and they’re talking about legislators in New Jersey promoting some weapons ban that they’re fundraising on. This is either complete fraud, which who knows with those people, or absolute mistake that they’ve confused states, I guess. Or maybe, just maybe, something else is cooking up in the New Jersey legislature. Maybe they’re tipped off to it, and I can’t find it anywhere. Maybe they’re going to try doing a kicking and screaming routine, just like they did after Bruen permitted carry and made it so New Jersey had to issue carry permits. And maybe now we’re going to see some evil plan after New Jersey’s assault firearm law bites the dust. So, this is maybe a load of B.S. nonsense. But then again, maybe it’s something out there, and we should be ready. hey may be trying to pull another Carry Killeresque maneuver on us. I don’t know, but stay tuned. As soon as we hear about anything that we can pin down, we’ll be sure in letting you know about it on the show. Evan Nappen 26:36 Hey, I want to tell you about our good friends at WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. It’s the range where Teddy and I shoot, and where we train. You’ll love it at WeShoot. It is the greatest range in New Jersey. We just can’t get enough of WeShoot. I know you will really appreciate having a tremendous resource right there in Lakewood, where you can get your training, get your certificates, practice, have state-of-the-art range facilities, a great pro shop, awesome deals on guns and gear. As a matter of fact, they are offering, as we speak, the Canik Mete MC9LS, which is the 2026 Signature Series called “Drip”. It’s pretty cool. You’ve got to see the graphics on the Drip. They also have a Mossberg Silver Reserve Field. Now this is Mossberg’s over and under, very cool, and it’s a great way to get into an over and under shotgun. They also have Precision Firearms, PF15F. That’s your AR-type platform right there at WeShoot. You can go there, check out these guns and so many others. They’re also running their great programs. They have their range safety officers. They’re there with amazing skilled trainers. I’ve got to tell you, folks, make sure you check out WeShoot. You can find them online at weshootusa.com. weshootusa.com. And I know you’re gonna love their website. They’ve got beautiful photography. They really do take extra pride in what they post and how they make their website. You need to check it out and see what I’m what I’m talking about. And their instructors are just fantastic. I have always admired just the unbelievably great professionalism, courtesy, just the way they Page – 7 – of 9 treat their customers. You will be treated like gold at WeShoot. WeShoot is the best. o to WeShootUSA.com. Evan Nappen 29:22 Hey, I also want to not only shamelessly plug my book, which is New Jersey Gun Law, the Bible of Jersey Gun Law. The indispensable guidebook to helping you navigate New Jersey’s insane matrix of gun laws. It’s all set up in a question and answer format. I also want folks to know that the DOJ has opened up the Federal Relief from Disabilities Program. I’ve been waiting 33 years to be able to do this again, and that is be able to get people’s gun rights restored. That have had federal firearm prohibitors. This will restore your federal gun rights, and it is great. We really owe it to the Trump administration for reopening this program that was killed in ’93 by Chuck Schumer. For 33 years, people have been unable to regain their Second Amendment rights under federal law, if they had prohibitors. o, if you or anyone you know might be eligible, go to my website, go to EvanNappen.com. You can buy my book there. You can also read about the federal relief from disabilities. This is very hot, big stuff going on because the online portal is going to open shortly, and you want to be ready. You want to have counsel, and there’s a lot that has to get done so that we can get you in. They’re talking about probably a million people needing to get their rights restored, and it’s going to be quite a logjam. So, the sooner you’re in, the sooner you can get your rights back. I’d highly, highly recommend taking action and checking it out. Go to evannappen.com, and I’ll be happy to speak to you about your specific situation and if it’s applicable for you. Evan Nappen 31:40 Hey, I have some good news, and the good news is that the CDC, you know, the CDC, who’s currently headed by Robert Kennedy, and CDC that is now under the Trump administration. Well, guess what they did, folks? They restored defensive gun use data after Biden scrubbed it and covered it up because they didn’t want that really great important information being out there about how many lives guns save, so the corrupt Biden administration just said we’re not going to talk about it. We’re going to wipe it out. We’re not going to put that out there anymore. We’re only going to talk about guns are bad, and not ever talk about why guns are good. Well, it’s a new day. It’s a new administration, and that information has now been put back. I’m talking about an article here from Ammo and. (https://www.ammoland.com/2026/08/cdc-restores-defensive-gun-use-data/?utm_source=Ammoland+Subscribers&utm_campaign=b4aea4936c-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-b4aea4936c-21268623) Evan Nappen 32:56 We love AmmoLand, and this article is by John Crump, who is also one of my favorite authors at AmmoLand. John says that under the Biden administration they had removed the data, and the studies have shown that guns were used in self-defense between 60,000 times and 2.5 million times each year. Think about that, folks. 60,000 to 2.5 million times each year, guns are used in self-defense. So, even at the low range, that dwarfs the number of guns used in murders, which is approximately 15,000. Okay, dwarfs it at the lowest numbers. It approaches or exceeds the total number of gun deaths per year, which is around 40,000, according to Pew. The wide range of estimates is because of different methodologies used. So, the lower figure is drawn on the National Crime Victimization Survey, while the higher figures primarily stem from surveys conducted by criminologist Gary Kleck in the 1990s. Page – 8 – of 9 Evan Nappen 34:41 Now, a National Academies of Sciences report commissioned by the CDC itself in 2013, this is a CDC commission study. Referenced this range of 60,000 to 2.5 million defensive gun uses annually. But in 2022, with pressure from anti-gun groups such as the Gun Violence Archive, the Newtown Action Alliance, and GVPedia, in a private meeting, the CDC scrubbed the website of defensive gun use information. Through a Freedom of Information Act, they revealed that the removal was purely political, folks, and this is all according to emails that Senator Grassley obtained. One of these things here argued, and this is quoting from that email in the article by Mr. Crump, and it says. Get a load of this. This is from the antis here. “That 2.5 million number needs to be killed, buried, dug up, killed again, and buried again.” Mark Bryant, executive director of Gun Violence Archives, wrote to the CDC in one of his emails. See that? They don’t like it, man, when you’re showing that guns save lives. We can’t have truth out there. We can’t have the actual information about how people don’t want to be victims but would prefer to be defenders and live. Right? That’s Biden’s administration for you. That’s the corrupt, evil Biden administration for you, removing that information. Trump and his administration have put that data back public so you can see it and you can read it. Keep in mind that’s the CDC removing specific numeral range and the link from their own research, folks. But now, under Trump and Secretary Kennedy, the CDC is returning the statistics to its firearm injury and death page. The restored language again makes it clear, points it out that defensive gun use varies by studies, and it ranges from 60,000 to 2.5 million per year. That is awesome, and that information belongs out there. Evan Nappen 37:43 Hey, let me tell you about this week’s GOFU. GOFUs, as you know, are Gun Owner Fuck Ups. It’s where gun owners make expensive mistakes, real mistakes that I hear about and try to help them. But it’s a chance where you can avoid them for free, and this week’s GOFU has to do with references on your gun application. When you need references, please clear your references in advance. Make sure your references know you’re going to use them as a reference. I’ll tell you, we may have mentioned this before in the past, but it can’t hurt to mention it again. They’re going to get an email requesting to know how long they’ve known you and whether they have any issues with you owning guns. I get cases where people don’t bother to clear it, don’t realize the person is anti-gun and doesn’t think anyone should have a gun, or has some problem being a reference. You don’t want to have that problem. Evan Nappen 38:48 Yet recently, I’ve heard of even a worse problem, and this one is just mind-boggling. I’m still going to put it out there as a GOFU for folks because don’t ever do this. Don’t make up false references. Yeah, I’m not kidding. Do not fill out a gun application with fake references. I can’t believe I even have to say this. But do not fill out a gun application and make up phony references because your phony references are going to be contacted, and that’s called falsification of the application. It’s a crime to do that. Third degree. You’re looking at five years in State Prison. Plus, it’s really stupid, and you’ll get denied your gun license. I mean, okay, do you have to write that one down? Not to put fake references on your application? I hope not, but it’s a GOFU. Make sure you’re good about your references and clear them in advance. Only put real ones down, folks. Page – 9 – of 9 Evan Nappen 39:54 This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 40:05 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S5 E305_Transcript About The HostEvan Nappen, Esq.Known as “America's Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it's no wonder he's become the trusted, go-to expert for local, industry and national media outlets. Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It's Your Call with Lyn Doyle, Tom Gresham's Gun Talk, and Cam & Company/NRA News. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. Email Evan Your Comments and Questions  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";

AWR Hawkins from Breitbart joins Ryan Gresham to cover a lot of ground — from Dolly Parton pulling a pistol in 1970s New York to the CDC data on defensive gun uses that got quietly buried and is now back. Up to 2.5 million defensive gun uses per year, the history of gun control as a tool of oppression, and why the fastest-growing demographic of gun owners might be the most important story in the 2A world right now.This Gun Talk Nation is brought to you by Remmington Ammo, Colt, Range Ready, MTM, Leupold, Shooting Sports Life, Ruger (250th).About Gun Talk NationGun Talk Media's Gun Talk Nation with Ryan Gresham is a weekly multi-platform podcast that offers a fresh look at all things firearms-related. Featuring notable guests and a lot of laughs. Gun Talk Nation is available as an audio podcast or in video format.For more content from Gun Talk Media, visit guntalk.com or subscribe on YouTube, Rumble, Facebook, Instagram, and X. Catch First Person Defender on the new Official FPD YouTube channel. Watch Gun Talk Nation on its new YouTube channel. Catch Gun Talk Hunt on the new dedicated YouTube Channel. Listen to all Gun Talk Podcasts with Spreaker, iHeart, Apple Podcasts, Spotify or wherever you find podcasts.Copyright ©2026 Freefire Media, LLCGun Talk Nation 08.28.26Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- This is the best year in history for the Second Amendment.  Noted scholar Stephen Halbrook explains why.-- Smaller pistols may not be as powerful, but many have gravitated to them because they are easy to carry.--  Despite the dire warnings from the gun-ban lobby, the FBI reports that murders are at an all-time low.Gun Talk 08.23.26 Hour 3Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- World Champion competition shooter Rob Leatham reveals how to shoot better.-- A federal judge strikes down the ban on so-called "ghost guns." Bill Sack from the Second Amendment Foundation details what this means.--  Despite a popular saying, slow and smooth is not fast.  It's just slow.Gun Talk 08.23.26 Hour 2Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- You can take a class on shooting the AR-15 rifle and actually keep the brand new rifle.  Travis Gibson will be teaching this latest "Experience" at Range Ready Studios.-- Every rifle needs a sling, but why does that apply to the AR-15?--  Try targets that force you to find and identify the correct bullseye.Gun Talk 08-23-26 Hour 1Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  Why do you miss when hitting is so easy?--  Gun owners tend to not vote, so how can they be motivated to go to the polls?--  What's the proper way to break in a new pistol?Gun Talk 08-23-26 After ShowBecome a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- It's time to return to short barrel lever action rifles.--  The .338 ARC cartridge offers a bigger bullet option to the .300 Blackout.--  Bear attacks on people appear to be increasing. Between bear spray and a handgun, what's the smart choice?Gun Talk 8-16-26 After ShowBecome a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  Are top-quality optics worth the extra money? Kyle Brown runs down a few options from the Zeiss lineup.--  The Twin Falls Idaho murders were stopped by good guys with guns, but they never actually hit the bad guy. --  When a wild hog charges, would you rather have a semi-auto rifle in a big caliber?Gun Talk 08.16.26 Hour 3Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Ammo supplies are lower, but prices have not gone up. Are we about to see a jump in the cost of ammmunition? Dan Wolgin of Ammunition Depot dives into it.--  His FN pistol just wasn't reliable.  Would the company fixed it?--  Swapping out recoil springs on semi-auto pistols can change they way they feel and increase reliabilty.  Plus, it's cheap.Gun Talk 08.16.26 Hour 2Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  No registration on suppressors!  In some states.  For some people. Dave Matheny, from Silencer Shop, explains what happened, who can buy cans without registration, and how to go about it.-- Staccato makes great pistols, but it stirred up an online hornet's nest with a recent letter dumping half of its dealers.  CEO Buck Pierson tells what was behind the move.--  It's official.  You can now carry your gun into a post office.  BUT ... there are still limiations.Gun Talk 08.16.26 Hour 1Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Episode 303-NFA “No F’ing Approval” Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 303 Transcript SUMMARY KEYWORDS NFA, Silencers, Lawsuit, Injunction, Taxation, Firearms, Suppressors, AOWs, New Jersey, Gun rights, Second Amendment, Luger, Confiscation, Safety, Litigation SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 and I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. So, we are right on the breaking news as we record this show, and that is the spectacular win on the National Firearms Act. It is the outcome of the Big Beautiful Bill removing the taxes on silencers, short barrel rifles, short barrel shotguns, and AOWs that translated into the Big Beautiful Lawsuit. There were actually two lawsuits, which essentially put forward that if there is no tax, there can be no law, because the NFA is based on tax law as the jurisdictional basis for the federal government. If there’s no tax, then you can’t have a tax law, and hence the silliness, which is really just kind of funny, is the tax stamp says zero. So, how you get a tax stamp that says zero when there’s no tax? Leave it to the Government to create a tax stamp of zero. But now that’s changed. Evan Nappen 01:37 This is the most exciting change in, what is it? Ninety-six (96) years, to a challenge to the NFA. And it has very exciting ramifications. I’ll talk about how those specifically relate to New Jersey in a moment, but there’s lots of questions and lots of speculation and issues surrounding what this decision means. So, what happened was we had two lawsuits that were brought. One is the Silencer Shop Foundation versus ATF. There were other plaintiffs as well. The parties in the SSF lawsuit included B&T USA, Firearms Regulatory Accountability Coalition, Gun Owners Foundation, Gun Owners of America, Palmetto State Armory, Silencerco Weapons Research, Silencer Shop Foundation, the state of Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming, and several individuals. Evan Nappen 02:56 Then there is Jensen versus ATF. In Jensen, the parties were the Texas State Rifle Association, which is NRA’s Texas affiliate, Citizens Committee for the Right to Keep and Bear Arms, FPC Action Foundation, Hot Shots Custom, and several individuals. The court in these cases applied an injunction to the parties, quote, where applicable, the parties, agencies, political subdivisions, members, and Page – 2 – of 12 customers, both current and future. This means that the protections of the injunction generally flow downstream in that chain of commerce. And by the way, I am gleaning this information from the NRA-ILA in their article, “What Does the Texas NFA Decision Mean for You?”(https://www.nraila.org/articles/20260812/what-does-the-texas-nfa-decision-mean-for-you) They’ve done a good job of essentially the preliminary breakdown here. NRA partnered with the TSRA to provide joint membership for those that are interested. Evan Nappen 04:02 So, what got enjoined? What statutes themselves got enjoined? Well, it was the NFA’s registration and approval requirements. Those were what were enjoined, and they were enjoined as to silencers, short barrel rifles, short barrel shotguns for covered parties. The injunction also includes AOWs, Any Other Weapons for the SSF parties only. o, as far as AOWs are concerned, only parties, people that are parties to the SSF, which is going to mean members essentially of GOA and such, and the companies that joined in it, and possibly as well, including those states. Certain marking requirements are enjoined with respect to the Jensen case, while the effect of this portion of the injunction is going to take clarification from the Government. So, we’re going to have to wait and see on that. Evan Nappen 05:11 The further impact is that, which is perhaps more important than the statutes that are covered, are those that are not covered. So, under Title 18, it makes it unlawful for licensed importer, licensed manufacturer, licensed dealer, licensed collector to sell or deliver to any person any short barrel shotgun, short barrel rifle, except as specifically authorized by the Attorney General, consistent with public safety and necessity. Now, in the past, that compliance was considered authorized or was considered authorization when there was an NFA compliance done itself. o, without further action by the Government, compliance with the former NFA procedures will likely still be required before transferring a short-barreled shotgun or short-barreled rifle. Then it goes on to explain that the analogous requirement for transportation of short-barreled rifles, short-barrel shotguns, was also not enjoined. So, authorization for interstate travel is still required. That’s where you have to get permission from ATF before you move with any of those firearms. Evan Nappen 06:31 However, ATF has proposed streamlining this process by currently pending regulations. Those are the regulations that we’ve discussed in the past that are looking to change by changing it in the CFR, which is the Code of Federal Regulations. The injunction also does not apply to existing SOTs, which is the Special Occupational Tax for dealers in NFA firearms. Now, it’s technically possible for non-SOT dealers to receive firearms from a distributor or manufacturer on an ATF Form Four. ATF will need to clarify if an SOT is required for dealers who engage in the business of dealing in these firearms. So there are still to be considered state laws, and that’s going to be an individual basis of each state’s laws about how they individually view these NFA items. And we’re going to talk about New Jersey specifically in a moment. Evan Nappen 07:33 NRA says moving forward, the Jensen case is one of three supported by NRA in their litigation partners with American Suppressor Association, the FPC, which is Foreign Policy Coalition, and Second Page – 3 – of 12 Amendment Foundation. Those cases, by the way, are Brown versus ATF and Roberts versus ATF. Judge Clark in Missouri heard motion for summary judgment in Brown, and they remain committed to expanding the injunction secured in Jensen. In those other cases, as NRA says, taking action under an injunction is not without risk. An injunction can be dissolved or stayed with very little notice. Please check regularly back for updates. While much remains uncertain with the injunction, the monumental nature of this cannot be overstated. This is the biggest win against the unconstitutional NFA in its 92 sorry math was off 92 year history, and it serves as a great example that the fight for our rights is never over. So, if we want to see some practical applications as to what’s going on when it comes to suppressors, it’s really fascinating. Evan Nappen 08:54 Now, of course, suppressors, silencers, are banned in New Jersey by state law. We are currently looking at challenges to New Jersey’s state suppressor ban, constitutional challenges to that. But for now, unfortunately, New Jersey citizens cannot take advantage of the changes if they are residents of New Jersey because of the state law prohibition that New Jersey still maintains. However, if you live in a free state, if you live in a state that is covered by this injunction, specifically through Silencer Shop, you can look at Silencer Shop’s website, (silencershop.com), which is very good, and it lays out the states that are good to go. Evan Nappen 08:55 If you live in a good to go state that is now covered by this injunction, for example, if you live in New Hampshire or if you live in Alabama, there’s the whole list of states that respect and understand this. If you live in any of those states, you can now order your suppressor and pick it up from the dealer locally, and when you go to the dealer to pick it up, there’s no form four. There’s no federal registration that needs approval anymore. There is no fingerprinting. There’s no notice given to local police of your acquisition. All that’s gone. All that gets done is a 4473. You know the same form you fill out for the federal government to buy a gun, and a NICS check gets done, an instant check. So, what it means is you’ll be able to go to your dealer, do the 4473, just like you’re buying a gun, and the NICS check gets done, the instant check. You get your approval, ad you walk out the door with your suppressor that easily. That is great, and it’s paving the way to finally get a full legal change to suppressors to make that, of course, eventually the nationwide standard. But for now, there is a boom, an explosion of silencer purchases. This will make it even easier, more convenient, more private, less of a hassle than ever before. This is extremely exciting. Teddy Nappen 11:17 There’s something very important to this fact. Going back to the, and I’m kind of extrapolating it to the assault firearm cases. One of the biggest things that is winning, that helped us fight, win that fight was the idea of common use. Where the AR-15 and all forms of their “assault firearms” were so popular that it was so much common use that it fell under the grounds of the Second Amendment. Evan Nappen 11:45 Right. This is going to explode even more common use, even though there’s millions of suppressors already, but it will absolutely aid to that. Now, interestingly, in New Jersey, sawed-off shotguns are a problem. Same with rifles; they’re a problem. However, Any Other Weapon, there are Any Other Page – 4 – of 12 Weapons, what we call AOWs, that are technically New Jersey legal, and this will change the game in New Jersey on AOWs. But we still need more clarification on how the feds are going to work it on AOWs. We don’t have that right now, but let me explain AOWs. Evan Nappen 12:32 Let me show you some common examples of AOWs. For example, pistol grip only shotguns. Now, don’t confuse AOW, which is Any Other Weapon, as an “Other”. Some of you may have Shockwaves in New Jersey, which are “Others”. Shockwaves are not AOWs. They’re Shock Waves. They’re “Others”. Others are different. But a pistol grip only shotgun is a short, non-face style scatter gun, right? But is reduced in overall length under 26 inches. Now, as you know, or should know, with a Shockwave, it’s not under the 26 inches. If it’s under 26 inches with only a grip, such as a custom compact 12 gauge, then we’re looking at that now. How those applied to New Jersey law become model specific. Of course, you still can have sort of shotgun, but State Police have approved for others. Vertical four grip pistols are also considered AOWs. So, a standard semi-automatic handgun or pistol format firearm equipped with a vertical front hand grip is considered an AOW. And AOWs have coverage under this, but how that’s going to apply now so that you don’t have to do the NFA and can simply operate under the injunction. We’re going to fill you in with more information as we get it. Evan Nappen 14:08 Smooth bore handguns. Those are AOWs. Classic examples of that, such as the H&R handy gun or the Ithaca auto and burglar gun. So, those custom smooth bores, it may very well now open up that category. Certain smooth bore pistols can, depending on their configuration, be New Jersey legal still. And if they’re even though they’re AOWs, if the injunction has its due effect, that’ll be easier in New Jersey on those. Also coming under AOWs are disguised or improvised firearms, concealable multi-projectile or single-shot devices disguised as everyday items like cane guns, pen guns, flashlights, or wallet guns, and of course those. Are all banned under New Jersey state law as covert firearms. So, even though you may seek relief federally in terms of the AOWs under the NFA, you’re not going to be able to acquire those because New Jersey has a specific ban on those in state law. Then there’s combination guns, certain compact over and under firearms with rifle and shotgun barrels, between 12 and 18 inches long, intended for single shots without reloading. These two can fall under categories of AOWs, specific models with specific determinations, and how this victory will apply, we’re still going to have to iron out the details since this is so fresh and so new. But there is going to be some relief that Jerseyans will be able to take advantage of, and in the long run, this is great for everybody as we keep the fight going on, battling the NFA. It’s a great victory, and it is definitely going to shake things up. Evan Nappen 16:10 And it has, though, some things to keep in mind that really require us to change this law permanently forever, and what I’m talking about is how we got to this point is something that still has a vulnerability to be changed back. Let me explain why. The reason for the injunction is because there is no tax, and because there’s no tax, then the legal logic opinion is with no tax, then a law based, premised, on the power of taxation can’t exist anymore or have its effect. This was used as a vehicle in the ’30s for the National Firearms Act. That’s what it was jurisdictioned upon. That’s what has been now eviscerated by the Big Beautiful Bill removing the tax on these four categories. he tax on machine guns still exists. We’ll get to that in a moment. Page – 5 – of 12 Evan Nappen 17:12 So, that’s what was the victory, but that was passed legislatively by what? By way of a reconciliation bill. A reconciliation bill deals with taxation and finance. Those bills can pass Congress with simple majorities. That is how the Republicans got it through, and by removing the tax on the NFA items with simple majorities, they did not face the challenge of a filibuster. Because they couldn’t filibuster. They being the communists. Oh, I’m sorry, the Democrats. Well, it’s the same thing. They couldn’t stop it. Teddy Nappen 17:51 Democrat Socialists. Evan Nappen 17:53 Right! Communist authoritarian nutbags could not stop this because of the filibuster being inapplicable to a reconciliation bill. That’s how we got to this point. But keep in mind, should the commies take power again, and you can substitute Democrats, socialists, whatever for commies, they’re interchangeable anyway. When and if that happens, then it would be at the moment within their power to reinstitute in a reconciliation bill that they do, assuming they have power through the Congress and the Executive who would sign such a thing. Keep in mind. If the Democrat, Socialist, Communists control both houses, and even with a Republican president, but a reconciliation bill that’s chock full of other things financially needed, they might even force the hand of an otherwise friendly executive. You know, President Trump, to still sign a reconciliation bill. A reconciliation bill that does what? Reimplements the tax. They may make the tax not $200, but maybe $200,000 or $5,000, or even if they just make it $200 again, or even $1 again, guess what? Now we’re back to a jurisdictional argument that the NFA is now applicable again. So, it matters who you vote for. Elections matter. They matter. They make a difference. Teddy Nappen 19:42 On the off chance, just on the extreme end, let’s say, you know, the pendulum swings, the Socialists take over and run it. Could they do what the ATF was doing prior with what was it the when going after people with like the forced restart trigger? Evan Nappen 19:59 We don’t know. We don’t know. They could do it. They could. Depending on what are they going to go and then try to round up suppressors that may have been acquired when there was no tax. If the law is suddenly back, or does it make it so that there’s an ex post facto argument to argue that it was legal at the time, but now any of these new ones need tax stamps, but old ones don’t. And then they’re going to be kind of like the way they ran magazines. It was before a certain period of time, and will they then be grandfathered or not? Because NFA didn’t grandfather. It had a new period of registration. But there is no new period ability unless the Secretary has the power to have a new registration period. So, I would assume if they do it, the Secretary would say, “Okay, there’s now an open registration period of ones you previously purchased. You’re going to have to register and pay the tax.” Remember that. So, this all can happen in the future. Page – 6 – of 12 Evan Nappen 20:57 But look, it doesn’t mean our behavior has to be based upon, especially you live in a free state, worrying about what communists might do in the future. But keep in mind, it still could happen. This is a great victory, but we need to take it further, and this will empower us to take it further, because it can help on the Second Amendment argument to knock these laws out. It can assist in that greatly. It can assist in legislative change once it’s done and out there, and people are purchasing them in this way. It makes it easier to pass federal laws to just make it the law and not just rely on the judicial action. So, there’s also potential future consequences that can run for us, not just against us. Regardless, it’s a great victory, but keep in mind these potential dangers that lurk. And unfortunately, if you live in New Jersey, there isn’t much here for you to take advantage of at the moment, but in the big picture, it’s working to protect our rights. Teddy Nappen 22:06 This is just a side note. I was thinking. I heard this term where just because you put a word in front of the other word, it doesn’t always change the definition. So, if I say Democrat murderer, that doesn’t change the definition of murderer. So, for them trying to rebrand the Socialists, like no, no, no, we’re not like that. We’re Democrat Socialists, not to every other socialist government that has failed. No, no, we’re different. We just want to abolish prisons and abolish police. Evan Nappen 22:35 Well, I love when they talk about ow communism, look communism just wasn’t done right, you know. It just hasn’t been done right. Well, I guess they’ll probably make the same argument for Nazism. Oh, Nazism just hasn’t been done right yet. Okay, so that’s all. That’s all. Just hasn’t been done right. I mean, no. We’ve experienced and seen what history has to say about these stupid ideas of Socialism and Communism and Nazism. We’ve seen it, and it doesn’t fly. As a matter of fact, look at what’s going on in Central America right now with the enormous economic change. They’ve been getting rid of their Socialist systems. Teddy Nappen 23:21 So, maybe that’s what happens when you defund USAID. Evan Nappen 23:23 Yeah, isn’t that amazing how these countries are suddenly doing great? I mean, you think about USAID. We were actually promoting Socialism to our central and southern Central American neighbors. It’s just nuts. It’s nuts that we would be doing this. Not to mention that the Democrat Party suddenly, coincidentally, is now 2 million in debt after USAID was folded up and shuttered. Teddy Nappen 23:52 The one I always laugh at is, I think it was the like it’s like something crazy, like $7 million to LGBTQAI plus in Serbia, which I guess worked because they’re like a lesbian, but it’s like it’s so oh my god, like and then well like it was like Sesame Street in Afghanistan, which okay. Page – 7 – of 12 Evan Nappen 24:14 Right and promoting DEI everywhere, which just is hardly a national interest, or for our national security, or what America’s founding principles are all about. But let me tell you about our friends at WeShoot. his week WeShoot is offering OA Defense 2311 Pro Elite, and that is a modern focus platform that blends the familiar 1911 style characteristics with contemporary design, premium construction, and competition-inspired features. There’s also the Special Ops Tactical STX 15. Now that’s an AR platform rifle with unmistakable SOT attitude, combining distinctive styling with purpose-built modern sporting rifle platform. Then there’s the Mossberg 990 Aftershock. Mossberg takes that unmistakable Aftershock concept into semi-auto territory, thereby creating a bold new addition to its defensive lineup. WeShoot has cutting-edge guns. They’re there for you. Make sure you check out WeShoot, which is an indoor range and phenomenal pro shop with great training. Located in Lakewood, New Jersey. Very easily accessible off the Parkway. They are a fantastic resource. It’s where Teddy and I both shoot. It’s where we got our training. It’s where we got our certifications. And if you go on the website, you can check out WeShoot. They have fantastic photos and just great photography. You can check out the latest from the father-daughter shoot and other great events that they’re running. And what is their many faces of two-way, where you know two ways for everybody, and they are pushing as well some really cool stuff, including being part of their photo shoots. You can reach out to social media at weshootusa.com for that. For any of the photo shoots that you do, this is a great place. They love their customers, and their customers love them. Go to weshootusa.com. WeShootUSA.com. And check out WeShoot right there in Lakewood. It’s a phenomenal research resource, and you’ll be glad that you did. Evan Nappen 26:53 Hey, let me also shamelessly promote my book, which is New Jersey Gun Law. The Bible of Jersey gun law. It’s over 500 pages, 120 topics, all question and answer. It’ll help you from becoming a GOFU. You want to avoid that at all costs in New Jersey. They are there to oppress our rights and turn law-abiding gun owners into criminals. Beware, protect yourself. Get a copy of New Jersey Gun Law. Go to EvanNappen.com today. EvanNappen.com. You’ll be able to get your copy of New Jersey Gun Law. And by the way, while you’re on my website, you can also check out the latest link to The Association of New Jersey Rifle and Pistol Clubs newsletter. They have featured yours truly, and my dear colleague Dan Schmutter and Scott Bach on the cover, and they have hilariously called us Second Amendment Heroes. And I’m assuming they’re talking about like submarine sandwiches when they did that. But regardless, you can check out their newsletter and check out the Association of New Jersey Rifle and Pistol Clubs. (anjrpc.org) You all should be a member of association. It is our state affiliate of the NRA by tied in with the great fights that NRA, as we’re talking about in Jensen, the NRA is like the new NRA, and they’re out in the forefront doing what NRA has done brilliantly in the past. They’re doing it again, and they’re working hand in hand with the other great gun rights organizations in our country. And it’s great to see the unity in these cases of us banding together to fight the good fight for what we all know and love and believe in, and that’s the Second Amendment. Teddy, what do you have for us in Press Checks? Teddy Nappen 29:16 Well, as everyone knows, Press Checks are always free. I thought I’d do something a little different, where I find, you know, a crazy article that I just could not pass up. It was too funny. This was coming Page – 8 – of 12 right out of the New York Post. Adolf Hitler’s $42 million Luger, the most valuable pistol in the world is at the center of a sensational court battle. Well, that’s one hell of a grabber of a title. Evan Nappen 29:49 And what do they say it’s worth? Teddy Nappen 29:51 $42 million. Evan Nappen 29:54 I wonder how they came up with that number. Teddy Nappen 29:56 So, this involves a court battle between an appliance repairman and a cop in Argentina. Evan Nappen 30:01 Arrrgentina. Teddy Nappen 30:04 Yeah, I know. You know, one of them said he was from the boys of Brazil, and I’m just joking. Evan Nappen 30:11 Uh huh. Well, it would make sense that it would end up in Argentina, wouldn’t it? Teddy Nappen 30:16 Yeah. The what is it? The what was the one guy they caught in Argentina? Evan Nappen 30:22 There’s been number of Nazis found there. Teddy Nappen 30:26 The famous one is the two Mossad agents scooped him up, got him drunk and put him on a plane. Then they ended up just hanging him. Evan Nappen 30:35 Right. Teddy Nappen 30:36 It was the, but it was one of if you go through it. It’s actually kind of crazy. So, it began where, if you caught the previous article of Adolf Hitler’s former home transformed into police station. Evan Nappen 30:39 How do they know? Oh, that was his former home when he visited. Page – 9 – of 12 Teddy Nappen 30:55 No, this is this is this is Australia. Evan Nappen 30:58 Austria. Austria. Yeah. Yeah, yeah, that’s his former home in Austria. Yeah, well, he was from Austria originally. Teddy Nappen 31:06 So, going to that was Austrian authorities Wednesday open police station building where Adolf Hitler was born amid years of controversies. This is a renovation to send a message that they will not appeal to extremist groups. Yes. Evan Nappen 31:21 So, you can visit Hitler’s birthplace if you chose to? Teddy Nappen 31:24 If you ever get arrested in Austria. But to get to the it going off of that, where it was the weapon that described the holy grail of firearms was allegedly swiped during a SWAT style raid by a masked officer at repairman Juan Pablo Rupel’s home in Buenos Aires province in 2016. To go into more details, he inherited the haunting historic ghost of the Third Reich from his German great uncle and former Hitler bodyguard Hans Rupel, who is accused of stealing minor items such as plate, glasses, cutlery at the time of the raid. Evan Nappen 32:09 So, the claim is that this guy stole it from Hitler. Teddy Nappen 32:14 No, the claim is that he had committed some minor stealing in Argentina, but he had that was his pistol. So, he was never charged the over the allegations, mind you. But still, the gun that is a Luger Parabellum .45 ACP caliber. Number five of only five. Evan Nappen 32:37 It’s a .45 caliber Luger? Teddy Nappen 32:39 Yeah, yes. Only five in existence of the 1907 prototype forged by the late famed George Luger. Evan Nappen 32:48 Yeah, George Luger. So, Hitler’s Luger was one of the rare .45 caliber Lugers. Teddy Nappen 32:56 Correct. And this was only for Hitler’s provinces. That would make them invaluable. The guns there’s 1979 firearm owner license in Argentina National Registry, so they register firearms. It was marked as Nazi Angel of Death who lived for more than two years before fleeing the so the 1905. Page – 10 – of 12 Evan Nappen 33:25 So, what happened to the gun now? It got seized by the police? Teddy Nappen 33:30 Correct. How did that happen? So, from what it was said that Hans it said now again this is not Hans says it belonged to Hitler and he was taken when he and he took it when he went to Argentina in 1948. So, from when from that point where it was stolen after the quote unquote raid, it is now gone “missing”. Evan Nappen 33:53 Okay. Who stole it in the raid? What police raid? Teddy Nappen 33:57 One of the police. One of the police officers. Evan Nappen 33:59 So, this is essentially gun confiscation by police, and supposedly the most valuable handgun in the world is missing once the police got their hands on it. Right? Teddy Nappen 34:09 Buenos Aires Ministry of Security for and has demanding lawsuit for the compensation for the firearm. The court held by the agency liable for 15,000 plus interest, which also 15,000 just for the raid itself, for the actual unjustified raid. However, the lawsuit also adds in the 42 million where two cops who had led the raid on the home due to the quote-unquote trial prior. Rupert told the post of great uncles that the Luger was taken from him. Evan Nappen 34:48 Well, I’ll tell you what. This is a common thing in New Jersey. I’ve had many gun confiscations by law enforcement in which it always seemed that the most valuable firearm that the client possessed. I had a case where one was a rifle given by Theodore Roosevelt to a cabinet member that disappeared. I had another case where there was a trapdoor Springfield trapdoor carbine that was documented to Custer’s last stand, and was an Indian capture gun that oh that that that was sent to the crusher supposedly and destroyed. You see, and I’ve had many different gun seizures that have taken place, and for some crazy reason, it’s that really valuable gun that ends up not being accounted for, and I don’t know why I seem to see that pattern. Teddy Nappen 35:58 Yeah, and then just for clarification on the individual Hans Zurpel, he was the SS Division Labest Start. He was Hitler’s personal bodyguard unit during the Second World War, to which he later fled to Argentina in 1945. This has been confirmed. So it is confirmed that this guy was a bodyguard, and he was a pistol to Hitler and registered the gun under it, so it shows proof of documentation to the actual firearm that existed. So we know the gun existed. We know the guy has the credentials, so that proved that point as to who swiped it. Well, it’s one of the members of the ministry, as what the suit is being led to. Again, that’s what they’re alleging in their suit. Page – 11 – of 12 Evan Nappen 36:40 Yeah. Well, like I said, I’ve seen this done Jersey side where folks, what you want to do with your guns is make sure you have photos, and you have recorded your information about your guns. Do not keep your data with the guns. Because if they seize your guns, they’re going to seize your books and data. And it’s not unusual as well for them to take computers and such as well. So, if you’re going to have this and recordings of it and photos and all, you know, keep it on a thumb drive hidden somewhere, so you can access it. So, you can prove and document the guns that you had and what they were, because I’ve had the missing guns after a seizure more times than I can count. It is common. Teddy Nappen 37:38 I also recall wasn’t one of these pistols also had like the early idea of a tactical light, like where if you held the pistol, it was. Evan Nappen 37:46 Yeah, that was a very special Luger. They made too that had early lighting attached to the gun. Yeah, that was a German invention, so to speak. You know, they did have those way back. Yep, yep. So, these are, yeah. Well, there’s a lot of valuable firearms out there, and a lot that have providence to make them even more valuable. And I don’t know if this truly is worth $42 million for a handgun, but it’s definitely way up there as a very valuable historic piece. It is something where you need to take steps if you have any firearms at all to make sure that you’ve documented so you can prove ownership. And if guns do get stolen, either by criminals or police or both, then you need to know and be able to have that information to try to recover them. Teddy Nappen 38:52 If anyone is related to anybody who served as a Soviet Union soldier who hit the Berlin and may or may not have picked up a Walter PPK next to a dead Hitler, call us. Evan Nappen 39:07 Yeah, I think that gun is not accounted for. This so-called Hitler suicide gun. If, in fact, he did kill himself, which now there’s speculation that the skull they thought was his was actually a woman’s. There’s all kinds of who knows, and did he actually escape? And, you know, we could find about as many theories about whether Hitler’s alive as whether you know Elvis is alive and whether Bigfoot exists. I mean, this is one of the favorite topics of conspiracy theorists and what have you. But bottom line is, folks, you need to protect yourselves. Protect your property. Don’t be a GOFU. As a matter of fact, Teddy, what do you have this week for us for GOFUs? Teddy Nappen 39:49 Well, this comes from Not the Bee. Influencer shoots self in leg while filming instructional video outside a gun shop. Evan Nappen 39:57 Oh, an instructional video on how to shoot yourself in the leg. Page – 12 – of 12 Teddy Nappen 40:01 Well, how to properly, properly rack the slide, and while doing so, when he was going through showing it off, he racked it. He broke every rule – from treat every gun like it’s loaded, know where you’re pointing, keep your finger off the trigger. And bang! Shot the artery in his leg and almost died. Always a good idea. Evan Nappen 40:25 Oh, yeah. He came close to bleeding out because it hit the key artery there. And that’s because he wanted to do an instructional video on how to properly handle a firearm, where he proceeded to utterly and completely improperly handle a firearm. Similar to the law enforcement guy way back, you know, lecturing to the students how he’s the only one trained and safe enough to handle this gun properly. And right after he said that, he had an AD into his foot. I believe it was. Teddy Nappen 40:58 Yeah. He was a DEA agent, if I remember. Evan Nappen 41:02 Yeah, right. A DEA agent. Teddy Nappen 41:03 Yeah, and then he picks up the gun. Evan Nappen 41:04 So, this GOFU is a very practical and fundamental one, folks. Don’t forget the basic rules of gun safety. They’re there for a reason. They’re proven. Obey those rules. Don’t take it for granted. Follow the gun safety rules. If you don’t know guns and don’t know gun safety, you need to take a gun safety course. Let this hit home. You don’t want to be a GOFU, a Gun Owner Fuck Up. This has not only almost cost him his life. And in New Jersey, it would cost you your gun rights at a minimum under their Accidental Discharge law, because it was done without lawful purpose. You didn’t intend to fire it. It was in the 100 yards of a dwelling, which even a car constitutes as a dwelling. Leave it to New Jersey to do that. You’d be looking at a felony charge for shooting yourself in the leg. So, don’t be a GOFU. Be extra conscientious. We want you to be safe. You need to always be safe using the number one safety device ever invented, your brain. Keep that safety engaged at all times. Evan Nappen 42:30 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 42:41 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. Downloadable PDF TranscriptGun Lawyer S5 E303_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";

At 12:01 a.m., Silencer Shop handed over the first legally unregistered suppressors transferred in over 90 years. Silencer Shop CEO Dave Matheny joins Ryan Gresham to break down exactly what the court injunction means, who's covered, which states still have issues, what happens to pending Form 4s, and why your tax stamp is about to become a collector's item. This is the episode you need before you do anything.More information is available here: https://guntalk.media/4hy6bKcThis Gun Talk Nation is brought to you by Remington Ammunition, Shooting Sports Life, Ruger, Range Ready Studios, Leupold, and Colt.About Gun Talk NationGun Talk Media's Gun Talk Nation with Ryan Gresham is a weekly multi-platform podcast that offers a fresh look at all things firearms-related. Featuring notable guests and a lot of laughs. Gun Talk Nation is available as an audio podcast or in video format.For more content from Gun Talk Media, visit guntalk.com or subscribe on YouTube, Rumble, Facebook, Instagram, and X. Catch First Person Defender on the new Official FPD YouTube channel. Watch Gun Talk Nation on its new YouTube channel. Catch Gun Talk Hunt on the new dedicated YouTube Channel. Listen to all Gun Talk Podcasts with Spreaker, iHeart, Apple Podcasts, Spotify or wherever you find podcasts.Copyright ©2026 Freefire Media, LLCGun Talk Nation 08.13.26Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Caldwell's Jarred “Box” Grove is back on Gun Talk Nation for a wide-ranging conversation with Ryan Gresham — starting with the gun room he's building into his new house (nearly a quarter of the square footage, with a 100-yard range off the back porch) and the real-world tradeoffs of designing a home around a serious collection. From there they get into Box's manufacturer's FFL and SOT, what it actually takes to deal in firearms and full-auto post samples the right way, and why the paperwork discipline matters as much as anything else in that world.The conversation also covers Box's other hobby, off-roading and Jeep builds, and how it compares to guns as a money pit. He walks through some of the more unusual firearms he's built over the years, and closes out talking about what's new at Caldwell — including the Claycopter and UFO Clays, and how they're getting more families and kids into clay shooting. A grounded, entertaining hour with one of Gun Talk Nation's regulars.This Gun Talk Nation is brought to you by Leupold Optics, Remington Ammunition, Ruger, Shooting Sports Life, Colt, and Range Ready Studios.About Gun Talk NationGun Talk Media's Gun Talk Nation with Ryan Gresham is a weekly multi-platform podcast that offers a fresh look at all things firearms-related. Featuring notable guests and a lot of laughs. Gun Talk Nation is available as an audio podcast or in video format.For more content from Gun Talk Media, visit guntalk.com or subscribe on YouTube, Rumble, Facebook, Instagram, and X. Catch First Person Defender on the new Official FPD YouTube channel. Watch Gun Talk Nation on its new YouTube channel. Catch Gun Talk Hunt on the new dedicated YouTube Channel. Listen to all Gun Talk Podcasts with Spreaker, iHeart, Apple Podcasts, Spotify or wherever you find podcasts.Copyright ©2026 Freefire Media, LLCGun Talk Nation 08.12.26Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Gabby Franco didn't just compete at the Sydney Olympics — she watched Venezuela strip its citizens of the right that got her there. Now she's got a master's in sports and performance psychology, and she's breaking down the mental game every shooter is missing. Process over outcome, visualization done right, and why awareness is the window to knowledge. This one hits different.This Gun Talk Nation is brought to you by Ruger, Range Ready Studios, Archon Firearms, Remington Ammunition, Shooting Sports Life, and Colt.About Gun Talk NationGun Talk Media's Gun Talk Nation with Ryan Gresham is a weekly multi-platform podcast that offers a fresh look at all things firearms-related. Featuring notable guests and a lot of laughs. Gun Talk Nation is available as an audio podcast or in video format.For more content from Gun Talk Media, visit guntalk.com or subscribe on YouTube, Rumble, Facebook, Instagram, and X. Catch First Person Defender on the new Official FPD YouTube channel. Watch Gun Talk Nation on its new YouTube channel. Catch Gun Talk Hunt on the new dedicated YouTube Channel. Listen to all Gun Talk Podcasts with Spreaker, iHeart, Apple Podcasts, Spotify or wherever you find podcasts.Copyright ©2026 Freefire Media, LLCGun Talk Nation 08.10.26Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Has the tide turned with people being willing to shoot the bad guys?--  Why not a lever-action rifle for a self-defense "truck gun"?--  Takeaways from the after action reports of the Twin Falls murders.Gun Talk 08.09.26 After ShowBecome a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- There are rules for carrying a gun.  Based on decades of experience, the rules cover safety, security, and how to not screw it up.--  The Senate confirms Todd Blanche as the U.S. Attorney General. Is that good for Second Amendment rights?--  How to keep a long gun inside your vehicle in a way that helps prevent theft.Gun Talk 08-09-26 Hour 3Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Why do so many think the John Browning designed 1911 pistol is still the greatest handgun ever?  Mark Keefe gives his thoughts.--  Suddenly the public and the media are aware that good men and women shoot back at violent attackers, and by doing so, they save lives.--  With the wins in the courts, could it be that the fight for Second Amendment rights is nearing the finish line?  Not a chance!Gun Talk 08-09-26 Hour 2Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- A federal judge in Texas ruled that requiring silencers (known as suppressors) to be registered under a 1934 law is now unconstitutional.  Bill Sack, Senior Director of Legal Operations at Second Amendment Foundation, explains the decision, and why it may not be the final word.--  Is it safer to carry your defensive pistol with an empty chamber?  In the murders at the In-N-Out Burger store in Idaho the first person to respond was a former police officer chose to carry his handgun without a round in the chamber. After being shot in the arm, he was unable to operate his pistol to stop the murderer.--  Can you clear a jammed gun you find in the middle of a shooting? It's an essential skill to know.Gun Talk 08.09.26 Hour 1Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Episode 302-Not Getting Tired of Winning Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 302 Transcript SUMMARY KEYWORDS Gun Lawyer, New Jersey assault firearm law, Third Circuit Court, Supreme Court, stay granted, unconstitutional laws, Second Amendment, sensitive places, National Firearm Act, suppressors, Jordan Salinas, good guy with a gun, training, legal advice, gun rights. SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 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. Well, my friends, the wins keep coming. These are great times. You know, we have suffered from the oppressors on our gun rights for decades upon decades, and now we are seeing the collapse of all their machinations over the years. It is great and getting greater. And so, just within this short period of time, we’ve had the spectacular win in New Jersey in the Third Circuit Court of Appeals and the full en banc panel, all the judges, of course, finding that New Jersey’s 36-year-old assault firearm law and magazine law is unconstitutional. It’s a fantastic decision, as we’ve discussed, written by a Biden-appointee judge who happened to be the first woman of color appointed to the Appellate bench. That is fantastic and has multi-dimensional impact, of course, having that great decision. Evan Nappen 01:52 Now, with that having been said, yes, a stay has been granted in terms of the implementation of the finding of unconstitutionality. So, that stay is granted essentially because traditionally these kind of stays do get granted, especially when the Supreme Court itself of the United States has taken this issue and has granted certiorari over the assault weapon, what New Jersey calls assault firearm law under Viramontes and Grant. They’ll be deciding that. Essentially we’ll have a decision by next June on that issue affecting the nation. Now, New Jersey has got their stay because they’re requesting the Supreme Court of the United States to grant certiorari over New Jersey’s case, and the stay has been granted pending the final resolution, essentially, of these issues, or at least in good part, these issues by the United States Supreme Court. So, in the meantime, Teddy Nappen 03:12 I don’t know if you caught what the AG Davenport wrote in their press release, Dad. Page – 2 – of 12 Evan Nappen 03:20 Well, they can continue to irreparably harm law-abiding, honest gun owners over these unconstitutional laws until that finally happens. But what exactly did Davenport say as they try to turn an utter defeat into some sort of short-term victory? Teddy Nappen 03:45 We are thrilled that the Third Circuit this morning stayed its ruling on our assault weapon / large capacity magazine case while our petition to the U.S. Supreme Court proceeds. That ensures this 36-year law will remain in place. (https://www.njoag.gov/statement-from-attorney-general-jennifer-davenport-on-third-circuits-grant-of-a-stay-in-assault-weapons-large-capacity-magazines-case/) 36 years of going after people, putting them in jail, taking away their rights, providing ruining their lives. Evan Nappen 04:07 Hey, wait, Teddy, are you reading from their news release? Teddy Nappen 04:11 Oh, you know, I read their news release and then added the little context that they forgot. Evan Nappen 04:16 Did they actually use the word “assault weapon”? Teddy Nappen 04:20 Yes. Evan Nappen 04:20 Or did they say “assault firearm”? What did they say? Teddy Nappen 04:21 Assault weapon. Evan Nappen 04:22 Davenport called it “assault weapon” law? Teddy Nappen 04:26 Yes, assault weapons. Evan Nappen 04:27 Okay, just so you know, this is the top law enforcement attorney for New Jersey who is calling their law something it is not. We do not have an “assault weapon” law. We have an “assault firearm” law. Now, granted, it’s a similar issue, and you know it’s the same idea of going after New Jersey’s version of semi-automatics. But you would think if you’re a lawyer, and you’re a lawyer for the State that has this case that you might want to refer to it as the actual name that your State utilizes, because that term “assault firearm” is the term embedded in New Jersey’s law. It is a defined term under N.J.S. 2C:39-1. Page – 3 – of 12 They are called “assault firearms” in New Jersey by law, by law. But you know, why would she bother actually using the correct legal term when discussing laws? That would be amazing, wouldn’t it? Teddy Nappen 05:46 Well, Dad, I mean, just the abuse alone, just to give you the one-to-one. You’ve had many times where people have been charged with having a “assault firearm”, and it’s not. But they love to abuse it and just use whatever term they want. I mean that goes right back to Josh Sugarmann, and his whole idea of making that term “assault firearm” to confuse the public so they could pass their laws. I mean. Evan Nappen 06:10 Yep, it’s exactly that. Well, Sugarmann wrote the manifesto “Assault Weapons and Accessories in America”. That’s what laid the groundwork for this issue. It finally has one foot in the grave, is bedridden, on its deathbed, and the Supreme Court will hopefully administer the coup de gras in June 2027. I believe the odds heavily, heavily favor us, virtually to the point of I would be shocked if we lose. I just don’t see that happening, and the antis know it as well. Those oppressors get it that they’re going to lose on this issue. Teddy Nappen 06:54 It’s Viramontes and Grant. Evan Nappen 06:58 Yeah. Those are the two cases that Supreme Court has granted certiorari on. Just so you know, one is a local law out of Cook County, Illinois, that bans assault weapons, and has incorporated into the definition, magazines into their definition of assault weapon. So, the Supreme Court might actually address the magazine issue because it’s actually part of Viramontes’ law itself. e may see that. The Grant case deals with Connecticut’s assault weapon ban, state law, and when they challenged in Connecticut, they didn’t challenge the magazine portion. They only challenged the so-called assault weapon portion. New Jersey’s case, in the Cheeseman v. Platkin case, that court addressed both assault firearms, aka assault weapons, and magazines. And now, with New Jersey requesting certiorari, meaning requesting the U.S. Supreme Court to take the case, it also opens up the magazine issue. So, the Supreme Court that can do anything it wants might choose to address the magazine issue in the Viramontes and Grant decision. They might even, arguably, they could even take up New Jersey’s case and make it part of that. They might, and what most likely they’re going to just have it in a holding pattern. Evan Nappen 08:47 And we have the Duncan case that deals with magazines as well out of California, the Duncan v. Bonta case (25-198(. So, what it means is, if the Supreme Court doesn’t deal with magazines by next June, but just the guns, then they may very well take New Jersey’s case and Duncan with the split in the circuits there, and then deal with magazines. Like I said, they might do it all together. They might not. But New Jersey proceeding with this actually weirdly in the long run may present and give us a great opportunity because it presents magazines as a complete win by the court from our circuit. So, this may be one of those situations where you know the word to New Jersey is be careful what you wish for. This Page – 4 – of 12 is very interesting to follow. But I believe that all these laws are going to go to the dustbin of history. It’s just a matter of time. Evan Nappen 09:59 But as I have advised listeners, even when this decision came out, not to do anything because of the ability to get a stay. To wait and see. Well, that’s proven correct. I’s been proven out to be the wise thing to do, and have our listeners not end up being GOFUs by obtaining the firearms and magazines that are not yet technically lawful. So, for these continuing months, New Jersey is still free to enforce the magazine and assault firearm laws. Of course, if you have such a case or such a charge, your attorney, if they’re anywhere competent, will raise these very important issues and hopefully get your matter, your criminal matter, stayed pending the outcome and preserve the constitutional issues on your behalf in fighting it. So, be careful. Don’t end up with a GOFU where you’re facing these charges and your current counsel isn’t doing anything about it. I’ve had a number of those cases coming to me from other attorneys, where the client is like, my attorney never raised the constitutionality on these issues. Well, that is a huge mistake because you need to raise these issues, preserve these issues, because ultimately your odds of success are so great here, and it is essentially, arguably, malpractice to not, especially now, raise the constitutional issues if someone is facing in New Jersey or in the Circuit that has decided that these laws are unconstitutional. So, it’s very important that you be aware of that. Teddy Nappen 12:05 Would it be better if the Supreme Court does the other two cases and then take this one up as a mag separately, or is it better to do it all in one go? Evan Nappen 12:13 The best for everyone would be complete victory as soon as possible. However, if they’re not going to do that, if they’re just going to address guns now and then we have these cases to address mags, fine. We’ll fight the fight, and there you go. But the important thing, honestly, is that they’re taking the cases. Remember, for years they did not take these cases, and instead, luckily, wisely, maybe by planning it correctly-I don’t know-maybe intentionally, the groundwork got laid for the challenges to ultimately be successful. Because look, way back in May of 1990, I was an attorney. I remember this horrible New Jersey assault firearm law and magazine law passing. It was disgusting. Of course, it also became the Evan Nappen Full Employment Act. But the fact is, they passed this ridiculous law, and I remember thinking at the time, yeah, you know, in my heart, I knew this has got to be contrary to the Second Amendment. But we did not have any of the cases at that time. We didn’t have Heller finding that the Second Amendment is an individual right. We didn’t have McDonald incorporating the Second Amendment to the states. We didn’t have Bruen laying out the test of constitutionality and what test is to be used to see if guns laws, if gun laws are proper and constitutional. We didn’t have any of that. We didn’t have the giant body of historical research that is critical in these wins. We didn’t have any of it. Evan Nappen 14:08 And what the pro-second amendment gun rights side has done is nothing short of Herculean. All the forces together have built this fortress of the ability to defend and to fight and to take on the fight and to attack. Built this up so that we’re now in a position to have victory after victory. Yet, we see another Page – 5 – of 12 victory, another victory. Just determined in the Fifth Circuit, a nationwide injunction as applied to the members of the parties and their members, such as NRA and GOA and SAF, and FPC, etc. (https://www.nraila.org/articles/20260805/federal-court-strikes-down-nfa-registration-requirements-for-suppressors-short-barreled-rifles-and-short-barreled-shotguns-in-nra-case) All joining, attacking the National Firearms Act under a legal argument that was made possible by President Trump in the Big Beautiful Bill. Remember, the Big Beautiful Bill, which was a reconciliation bill, that was dealing with money, taxation, funding, money. When it’s done as a reconciliation, then what you have is no need or ability to run a filibuster. Since simple majorities can pass the reconciliation bills under the Senate rules, the Democrats, the anti-Second Amendment rights oppressors, could not stop its passage because they would. You know they would demand the 60, have the filibuster cloture, and the laws would die on the vine. But this did not, because it only needed simple majority. In that bill there was a specific repeal of the taxes. The taxes that get paid on suppressors, short barrel shotguns, short barrel rifles, on any other weapon, and silencers. The tax was eliminated to zero. And by doing that, it opened up the ability for the Big, Beautiful Lawsuit that was just a success in the Fifth Circuit, and how it worked was not based on Second Amendment arguments. It was based on jurisdictional arguments. Evan Nappen 16:55 You see, the National Firearms Act is premised upon the federal power of taxation. It is not founded upon the federal power of interstate commerce. Nor is it founded upon the military power. The federal government’s powers are limited. And back in the ’30s, when the National Firearms Act passed, they did not have the insane expansion of the commerce powers under the federal government. Therefore, the first national gun laws, which the NFA was, was jurisdiction by taxation. They imposed a $200 tax on suppressors, short barrel rifles, etc. Now, $200 in 1934 was just a little bit under $5,000 in terms of it being adjusted for inflation. So, imagine today passing a law that said any semi-automatic firearm that you want to possess, you must pay a $5,000 tax to the federal government in order to obtain it. Evan Nappen 18:26 You see how prohibitive that makes the possession, and then go through a registration scheme that is hidden in a pretext of taxation, which is blatantly excessive. And what has happened is by the elimination of the tax to zero, the court essentially said if there’s no tax, then there’s no law. Therefore, the NFA collapses in the enforcement proceedings regarding the paperwork, registration, printing. All the things that get done on the acquisition of NFA items. That law has been stayed for seven days, even though this is a permanent injunction. There’s been a seven-day stay to see if it progresses further, but that is a tremendous win on yet a different front of fighting for Second Amendment liberty. ‘ve had both of these great wins, and we have a lot to be proud of, and a lot to be optimistic about. Teddy Nappen 19:39 Regarding the big win with the NFA, I always want to see what is the what are the gun rights oppressionists? What are they pushing on this one? The Trace didn’t bring up something. However, Giffords, they’re flipping out, and I love this. (https://giffords.org/press-release/2026/08/giffords-reacts-to-federal-court-striking-down-background-checks-for-firearm-silencers-short-barreled-rifles-and-shotguns/) They go right to the. Just laugh, just reading it. This came from Trump’s so-called Big Beautiful Bill. Remove the tax on these devices. The court has struck down the National Firearms Act, requiring background check and registration of firearm silencers, short barrel rifles, and shotguns. Page – 6 – of 12 Silencers and short barrel firearms, and other than handguns, are rarely used in crimes today because current laws have stopped them. Ding ding ding ding ding ding ding ding. Logical fallacy alert, everybody! Logical fallacy alert. Correlation does not equal causation. Saying that this will stop that these things have prevented crime does not make it so. What is your argument? Oh, they didn’t. They don’t have access. Even though prior to that, they weren’t used in crime. Generally speaking, as well. Number one is handguns on that front. But I love how they just try to toss that in every time. Just a red herring every single time, and they try to push it. Evan Nappen 20:56 Yeah, they’re just propagandists, and they’re losing left and right. It’s going to end up, my friends. You can mark my words. It’s going to end up that their entire world of gun law schemes, machinations, all these things that they have hoisted upon us as they die. I am greatly enjoying watching these gun laws die. As they die off and are impossible to find workarounds that, as well, get killed and die off. That they’re simply going to be left with only one mission, and their one mission of the oppressors, the one mission of the Second Amendment rights haters, will be to repeal the Second Amendment. And that’s where a fight’s going to end up. A fight over the oppressors trying to remove the Second Amendment. Of course, they’ll push this through their socialist, communist political movement. Remember, they want to make all kinds of institutional, governmental, radical changes, including getting rid of the Senate, including ending the nine-person Supreme Court and expanding it, getting rid of the presidency being elected where it’s an appointed, et cetera, and going at all different constitutional rights and turning America into a communist nation, and in so doing, they will also push. And Teddy, I think they even are saying, even now, to get rid of the Second Amendment. And you’ll see them joining hands. You’ll see the anti-Second Amendment rights folks joining hands with the Communists, with the DSA, the Democrat Socialist Wing, as the Democrat Party in its civil war implodes over the monster that the Democrats have created themselves. This is their Frankenstein that is now running loose on them. Teddy Nappen 23:27 Yeah, and quite frankly, just going back to them where they have pushed and pushed and pushed, where they said we don’t. They and there was a great video where this guy was basically trying to argue the socialist dilemma of the Second Amendment because it’s that catch 22 where they want to ban arms but they need arms for the revolution. For their great, you know, seize the means of production, but they cannot because they still push for red flag. They still push for universal background checks. Evan Nappen 23:58 Teddy, it’s like the meme with the guy sweating as to which button to push, you know. Ban guns so that you get, you know, so they could disarm the populace, or don’t ban so that their radical, violent Left can have access to firearms. Right? You know, they’re conflicted over that choice. Yeah. But regardless of what politics may lay in the future, right now the wins in court and legislatively. Okay. Remember, this is a combination. The reconciliation bill, etc. That’s all an important legislative changes that open the door to the ability to win on the front of the NFA tax attack and the big beautiful lawsuit. We are making tremendous gains and wins. And it is absolutely a reason to be optimistic. Page – 7 – of 12 Evan Nappen 25:03 I’m looking forward to seeing the decision in Koons and Siegel cases. Those that’s the case that addresses New Jersey’s sensitive places. We’re waiting for that same full en banc panel of the Third Circuit. Now, this is the same court that just killed New Jersey’s assault firearm and magazine law. That same court will be rendering an opinion over the constitutional validity of New Jersey’s sensitive places in the very near future. We’re going to see it. We’re just a matter, any day they can come out with that decision. Keep in mind, it’s going to be very important in countering and destroying the Carry Killer bill that Murphy and company got enacted. They did it. How? They did it because of their hissy fit to the Bruen decision, mandating carry permits get issued. So, they tried to make it so that this insane matrix of sensitive places makes it so incredibly difficult to actually exercise that right. is same court that gave us this fantastic pro-Second Amendment decision will be coming out with the sensitive places decision shortly. I’m cautiously optimistic about that. Keep in mind that the vote of the judges on the assault firearm magazine case. That was a panel of 15 judges, and the vote was 10 on our side, and five against us. So, it was 15 judges. One of the judges that opted to stay in was a judge that had been on a temporary assignment in, and that judge was a known opponent to Second Amendment rights. So, of course he wanted to stay in, and of the votes of the 10 to five ruling, one of the five judges was the anti-Second Amendment judge, but that judge is not part of the decision that will come out of Koons and Siegel. Therefore, it’s a 14-judge panel. And if we see the same voting as occurred on assault firearms and magazines, we should see a 10 to 4 ruling. Keeping our fingers crossed here in favor of knocking out New Jersey’s sensitive places, which would be really fantastic. And so, hang in there, folks. We’ve suffered a long time, but our suffering is slowly but surely being relieved. Evan Nappen 28:18 Hey, let me tell you about our good friends at WeShoot. WeShoot has some pretty cool offers and things happening. They’re offering the Bull Armory Ultralight Pro, and Bull is proudly recognized as North Jersey Friends of NRA Gun of the year for 2026. It’s lightweight. It’s exceptionally accurate, and it’s built for everyday carry. The pistol earned its title through outstanding performance, craftsmanship, and innovation. You can check out that Bull Armory Ultralight Pro at WeShoot. WeShoot is also offering Hornaday Critical Defense ammunition. Now, you know, Critical Defense and that Hornaday line of Critical Duty, as well, is one of the most trusted names in personal protection. That round is designed and engineered for reliable expansion, and dependable feeding, and confidence when it essentially matters most. And let me tell you, the Hornaday Critical Defense and Critical Duty, those are polymer-tipped rounds that perform arguably even better than hollow nose. But are not hollow nose bullets under New Jersey law because the nose is actually not hollow. It’s got an insert filling the hole. So, because of that, it is an ideal round for carry in New Jersey. You can’t carry, at the moment, actual hollow nose, but you can carry Critical Defense or Critical Duty. And frankly, it’s got advantages over hollow nose. Evan Nappen 30:12 Not just because it performs as well or better, but also because of the nose having the polymer plug. It actually feeds even more reliably than hollow nose. So, it’s actually far superior, at least in these terms, to your normal hollow nose ammunition. So, check out Critical Defense at WeShoot. Also, WeShoot has the Ruger Mini-14 Ranch rifle. Now that Mini 14, that’s an American classic. It’s earned its reputation through decades of proven reliability, versatility, and timeless styling. And let me tell you Page – 8 – of 12 about the Ruger. The new Rugers are incredibly accurate. You know the old Ruger with the pencil barrels-they were called pencil barrels. They weren’t known for their accuracy. hey functioned well and sure looked cool when the A-team had them rolling, right? But accuracy-wise, not so much. However, the new Rugers are extremely accurate. The barrel is thickened toward the base, and it is a redesign that gives incredible tack driving accuracy to the new Ruger Mini-14s. The Ranch rifle will be able to deliver for you, and of course, it’s set so you can not only have the scope rings, the classic Ruger scope rings, but even a Picatinny rail that fits in where you could put the rings, and then you could Picatinny it up to whatever optics you like as well. So, Ruger has come a long way, and the new Mini-14 is something you need to check out. I really do love the new Mini. I have one myself and greatly appreciated having had the old ones as well. So, you can get yours at WeShoot. Weshootusa.com is their website. Evan Nappen 32:26 I want to also remind you that if you want to get a New Jersey carry permit, you really should get it. Join our ranks of 100,000 or more here of permitted carry holders. The more folks we get with carries, the closer we get to constitutional carry. So, make sure you’re part of that. You can get your CCARE certification from WeShoot. They have all the great training there. It’s a fantastic facility. It’s a wonderful resource, conveniently off the Parkway in Lakewood, New Jersey. So, make sure you stop by and check out their website as well. weshootusa.com. You’ll be glad you did. Evan Nappen 33:10 Let me also shamelessly plug my book, New Jersey Gun Law. The Bible of Jersey Gun Law. You need to have it. It’s over 500 pages, 120 topics, all question and answer, so that you don’t become a GOFU. Make sure you have that book. Go to EvanNappen.com. You’ll see the big orange cover right there. Click it, and you’ll have it in a matter of days. Go to EvanNappen.com to get your New Jersey Gun Law book. Hey, Teddy, what do you have for us today in Press Checks? Teddy Nappen 33:48 Well, as you know, Press Checks are always free, and I imagine you’ve caught all about the In and Out shooting. What happened there? Evan Nappen 33:59 Well, maybe our listeners aren’t aware of that. would be surprised, but they may not know there was a major shooting that took place at, at and outside of and around this In / Out Burger in Idaho. Hey, I don’t know if any of you’ve ever eaten at In / Out Burger. It’s a West Coast thing. I really do love In / Out Burger. Just a side note, by the way, guys. But anyway, I digress. So, I could have well seen myself ending up at In / Out Burger in Idaho if I was out there. And Teddy Nappen 34:33 Isn’t there mustard on the burger that they do? Evan Nappen 34:35 No, no, that’s Whataburger. Another great burger chain. Oh, listen, we’re gonna have to call this the Burger Show shortly, instead of the burger lawyer, hamburger lawyer. Page – 9 – of 12 Teddy Nappen 34:44 What’s the best at In / Out? Evan Nappen 34:47 I like to get you know they have the secret menu and all that. I get the protein wrap where they take their In / Out Burger and they wrap it in lettuce. You know, I’ve lost over 200 pounds, and I avoid the carbs. I love the lettuce wrap, the protein. They call them the protein wrap. They wrap their In / Out burgers strictly in lettuce, so you have no carbs, and they’re delicious in-out burgers. So, that’s my favorite. But their stuff is really delicious. However, on this particular occasion, it was not so good. We had a bad guy going there with a gun and decided he was going to shoot up the place. And lo and behold, what happened, Teddy? What happened? A fellow by the name of Jordan Salinas. Go ahead. Teddy Nappen 35:35 Yes, good guy with a gun. Jordan Salinas, where he was with his girlfriend, and they had planned a quiet Saturday. You know, going horseback riding, so and you know, going out for a nice lunch in Twin Falls. And as the gunman Chad Williams has been identified, who was shooting up the In-N-Out, Jordan drew his holstered FN five seven semi-auto pistol with a suppressor to fire back and save the people inside. (https://www.ammoland.com/2026/08/armed-citizen-used-a-suppressed-pistol-to-save-lives-at-twin-falls-in-n-out/) Evan Nappen 36:10 Okay, so first of all, that gun standard has a 20 round magazine, and it’s readily available to have a 30-round mag, so that gun with its standard capacity magazine, you would you would up until the recent case, and even though there’s a stay at the moment, you still can’t have that handgun with the standard capacity magazine. But I’m confident we will be able to. So, you couldn’t have that gun in New Jersey unless you had a lame 10-round magazine in it. Which what’s the point when you have an FN five seven that can hold 20 or even 30 of the five seven ammo? And then his gun has a silencer or suppressor on it, which is just great. Again, that is prohibited in New Jersey because New Jersey doesn’t allow silencers at all. So, here we have this crime being committed by this Chad fellow, and lo and behold, the hero, the good guy with the gun, breaks out his five seven with the suppressor and starts laying down fire on the bad guy. It was fantastic, and he was credited, wasn’t he, by law enforcement with saving lives, Who’s Crowder? Teddy Nappen 39:28 Stephen Crowder, Gladworth Crowder. He did a full breakdown on it, where it’s about training, where you just do enough to where you can handle yourself in a situation. And what Evan Nappen 39:36 did he? What did he say hasn’t been? Page – 10 – of 12 Teddy Nappen 39:39 So the one thing that caught is the fact that he’s has a suppressor attached to it, and it was identified in one of his other videos as he uses an FN five seven USG fitted Tactical Solutions Axiom suppressor, firing Vanguard 55 grain subsonic five sevens. Evan Nappen 40:00 Nice. Teddy Nappen 40:00 That was I so that may not now they may not be his exact rig at that moment, but that was what was reported to what he was practicing with. But that being said, this is one to one of what he was using in the and so Evan Nappen 40:12 you know when you step back, Teddy, and look at this. Normally, when there is some bad guy shooting up soft target area, the antis just cheer because they get to do a blood dance to try to attack and oppress gun rights, because it’s the old saying of they never let a tragedy go to waste. However, here the entire thing was turned on its ear because we had an armed civilian who saved lives and did it with a 20 to 30 round capacity handgun with a suppressor, okay, and so this completely turned around this incident to be one of the greatest current examples of why citizens need to be armed and ready and trained, and so the antis can’t even respond because in their normal blood dance that they like to do, it just always goes back to well. Look, we had a good guy with a gun make the difference. That’s the key, and it’s so important, so great that Jordan Salinas was there to save the folks that he did. He rendered aid even to the injured after. He’s just a great person as well. It was amazing to see this, that, and it so turned it around that I’m going to put on my conspiracy hat the way we sometimes see happen with the shootings that they use to go against our gun rights, I’m going to put my conspiracy hat on and say I think this, given how the outcome was, that this was a false flag operation run by us, because it’s had such tremendous-I’m just kidding about that. Of course, it’s not run by us. We, but you know, yeah, Candace Owens might run with it. Oh yeah, it was-it was the pro-gun side that engineered the entire thing. To no, but the thing is, the impact has been tremendous, and it’s now iconic of Jordan Salinas in his position. It’s like as iconic as Sophie Cunningham pointing is Jordan Salinas in his perfect firing position with his suppressed five seven. Seeing Teddy Nappen 42:57 the I’ve been seeing the citizen cowboy joke that’s been circling. Oh yeah, Evan Nappen 43:02 as compared to Citizen Vigilante, it’s now Citizen Cowboy. Teddy Nappen 43:06 Yeah, Citizen Cowboy because he has. But he’s Citizen Page – 11 – of 12 Evan Nappen 43:09 Defender. He’s not a vigilante. He’s a defender. He’s a defender at the moment. Being a man, imagine that being a man. Actually, is that your greatest example of so-called toxic masculinity, right there, called saving lives. I guess so. The Teddy Nappen 43:25 the other thing is, and I want to take this step further. I see where we win in the argument of common use. I want this to be a common thing where people are using suppressors in self-defense shootings. I want people to start carrying and doing that. I think there’s a lot of advantages to Evan Nappen 43:44 having them in self-defense shootings because Teddy Nappen 43:46 if you go back to the old where it was like we’re using 45 for the stopping power or nine, this guy had a five-seven with the suppressor. We were putting out more rounds, and you’re protecting your hearing on that. So it’s definitely that new frame. It’s a very interesting Evan Nappen 44:01 choice, and I’m sure on the technical side, people will can always debate what’s the best. But the bottom line is, well, someone Teddy Nappen 44:09 was going to say like, but look, what’s really the best Evan Nappen 44:11 is that a good guy with a gun helped save the day, and that’s what really matters. Evan Nappen 44:17 And Teddy, I need to tell you about this week’s GOFU because I’ve been seeing a lot of it. GOFUs, as you know, are Gun Owner Fuck Ups. It’s where gun owners make expensive mistakes, costly mistakes, and you get to learn for free. I got to tell you, this week’s GOFU something I see. You know, when it comes to restoring rights, when it comes to getting an expungement, I have to say, do not do it yourself. Seek professionals that know how to do it. I’ve been getting more poorly, improperly done pro se, where the individual themselves tried to expunge their record. There’s too much to that law. Too many complications. Too many nuances. Too many things you have to know to do it right. And when you do it wrong, it’s 10 times more difficult to fix it, and it can end up costing you. If you expunge poorly, and then you apply to get your firearm because you think your rights are restored and they’re not, you end up with a denial. Now you end up with falsification of the application because you wrote no when you should have wrote yes. You wrote no because you thought you were expunged, but you didn’t do it properly. We see this all the time. There is an entire procedure. There are things you need to know. You need to go to a professional. Whether, you know, and I just don’t mean me. Like some attorney. We do them at my firm. We do plenty of expungements. We help people with that. It’s great. But you need to make sure whoever is doing your expungement really understands it, and especially does it Page – 12 – of 12 with gun ownership in mind. Because when it’s done poorly, it can absolutely come back and bite you in the behind. Evan Nappen 45:54 Hey, this is Evan Nappen and Teddy Nappen, reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 46:01 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. Downloadable PDF TranscriptGun Lawyer S5 E302_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";

In This Hour:-- Good guy stops murderer in Twin Falls, Idaho.--  Why would a gun maker offer a special "California" model?--  Why not the AK-47 for a self defense "truck gun?"Gun Talk 08.02.26 After ShowBecome a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Bullets and bear guns.  Tim Sundles of Buffalo Bore Ammunition talks about what really works to stop a bear, and how internet "experts" focus on the wrong things.--  It the proper term silencer or suppresor, or does it really matter?--  How do you become a better shot?Gun Talk 08.02.26 Hour 3Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Firearms trainer Clark Aposhian breaks down what's known about the murderer in Idaho who was stopped by a good guy with a gun.--  Colorado passes new laws designed to make it more difficult and more expensive to buy modern rifles.--  Tips for learning to use an optic on a carry pistol.Gun Talk 08.02.26 Hour 2Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  One man with a pistol takes on a murderer who has a rifle in an Idaho parking lot.  What real traiing and being prepared looks like.--  What's wrong with using a ported or comped barrel on your self defense pistol?--  Gun sales may be down a bit, but the firearms industry doesn't sppear to be worried.Gun Talk 08.02.26 Hour 1Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Episode 301-Freedom Always Finds a Way Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 301 Transcript SUMMARY KEYWORDS loopholes, firearm law, NFA trust, switchblade knives, forced reset triggers, machine guns, assault firearm ban, Third Circuit Court, SCOTUS, New Jersey, Second Amendment, gun rights, expungement, surveillance technology, AI. SPEAKERS Speaker 3, Evan Nappen, Teddy Nappen Evan Nappen 00:19 I’m Evan Nappen. Teddy Nappen 00:20 and I’m Teddy Nappen. Evan Nappen 00:22 And welcome to Gun Lawyer. One of the things that I’ve observed through my 40-plus years in the area of firearm law is how important loopholes are to our freedom. You see, loopholes are simply freedom finding a way. Loopholes have proven over and over again to be the penetrator to breaking freedom out of its imprisonment by the oppressive governments like the state of New Jersey that constantly work at oppressing our Second Amendment rights. We’ve seen loopholes have this effect in different areas, and I think we’re going to now see even more interesting approaches as we win on the various case law challenges. It opens the door for further challenges and things that get covered or not covered by way of various loopholes, end up getting the freedoms that we desire. Evan Nappen 01:49 So, let me give you some examples that have previously occurred, just to show you not necessarily New Jersey itself, but how loopholes can get freedom. For example, at one point under the National Firearms Act, there was a requirement that Chief Law Enforcement (CLE) officers had to approve applications. And if the chief law enforcement officer did not sign off on it, you could not then possess whatever you were going for under the National Firearms Act, whether it was a suppressor or machine gun or shortbow rifle. Whatever it was, the forms needed this CLE sign off, and for any reason they could deny it. There was no way to even appeal it, and you were stuck. It got realized that if you formed what was called an NFA Trust, there was no sign-off on trusts. There was no CLE sign-off on trusts. And that became the preferred method of acquiring NFA. Because not only was there no Chief Law Enforcement officer sign off, but also, you maintained privacy even further from doing it by way of a trust. So, 10,000 trusts were later filed with the federal government, and they finally put forward Rule 41P that got rid of the requirement for having a Chief Law Enforcement officer sign off at all. Whereas prior to that, they wouldn’t get rid of it, but the loophole paved the way. So, when it comes to NFA, they’re simply given notice, but there’s no requirement that they approve it. Page – 2 – of 12 Evan Nappen 04:07 And you see again, for example, prohibitions nationally throughout various states that existed on switchblades. Switchblade knives being a knife in which the blade comes out automatically because of a button or other device in the handle of the knife. The assisted opener was invented, where there’s no button in the handle but merely pushing the blade, and the blade still opens automatically. But with no button or other device in the handle of the knife. So, you could, in fact, open the knife automatically, just not without that button. It got around the federal switchblade laws and State laws. Even now you can have an assisted opener in New Jersey, even though there’s technically a prohibition on switchblades. And what we saw was many states, after these knives have become so prolific out there and commonly owned, that the switchblade laws have been repealed in the overwhelming majority of states. Now, New Jersey has not yet repealed their switchblade law, but it is on death’s door, frankly, as well. We have Second Amendment challenges, and nationally, there’s so many actual automatic knives now out there, due to the understanding of the loopholes to the Federal Switchblade Act as to how they could still be produced, how they could still be sold. Not in states that have specific bans, but they’re prolific. And that challenge is underway as well. Again, loopholes paving the way. Evan Nappen 06:11 I think what we’re looking at now is another battleground of loopholes that are going to come in very much in our fight for legalizing, eventually, machine guns. As you know, we’re all very excited about New Jersey’s assault firearm ban going down in flames as unconstitutional, and magazines going down as well with it. With that fantastic decision out of the Third Circuit Court of Appeals that we’ve discussed. Of course, that now opens the door for further challenge. The U.S. Supreme Court, SCOTUS, have granted certiorari on the issue of assault firearms under the Viramontes and Grant cases. So, by next June or so, we’ll have federal case law on it. I’m extremely optimistically looking forward to that decision, and I think the stars have really lined up. Even New Jersey’s decision is going to aid the U.S. Supreme Court in its decision. And, in all likelihood, I mean, nothing’s ever certain, but it seems to be extremely in our favor. The antis are crying about it and essentially throwing the towel in for the most part, realizing that their entire gambit of banning semi-autos is going to die, and thank God it will. But of course, that now opens up including when you. Teddy Nappen 07:48 I will say. Evan Nappen 07:52 Go ahead. Teddy Nappen 07:56 Well, what I was going to say is that I think we need to take a page out of the antis and a lot of the progressive movement. We need to push further and further. Like, don’t give up the ground because now we’ve won the battle on the assault firearms. Evan Nappen 08:12 Oh, we’re not giving up. Page – 3 – of 12 Teddy Nappen 08:12 Keep pushing to that extent. Evan Nappen 08:14 Plow forward hard, and we’re going to. One of the ways that we’re going to do this, I also believe, is with incremental important fights and with loopholes on our side. Loopholes. Again it’s that freedom finding a way. One of the most interesting loopholes out there when it comes to machine guns. Now keep in mind. We have a separate fight going on from the Big Beautiful Bill that eliminated the tax on NFA items of suppressors, short barrel rifles, any other weapon, etc. Now, they did not remove the tax yet on machine guns. But in the Big Beautiful Lawsuit, we’re challenging, as we’ve discussed in other shows, the very jurisdiction of the NFA. If there’s no tax, there should be no law. If we’re successful there, then the machine gun ban can die federally by simply in a reconciliation bill removing the tax on machine guns. You don’t have to even repeal machine gun law to simply get rid of the tax. So, that’s what can happen. And that can avoid the filibuster in and of itself because that can just be done in a reconciliation bill because that’s directly on taxation. Evan Nappen 09:33 But in a separate attack that we have, in a separate way of going at this, is the idea of the incrementalism that loopholes create. One of these great loopholes that exists when it comes to machine guns is what is called Forced Reset Triggers (FRTs), and these have really come a long way. Now. FRTs, as they’re known, make it so that the trigger is reset with force, so that you can very quickly fire again your shot, in which a shot is still required to be pressed for each pull of the trigger, but the forcing of the reset makes it so that you can fire extremely fast. So fast that, for all intents and purposes, it duplicates the speed of fully-automatic fire. But speed of fire is not the federal law. It is based upon having to pull the trigger for each shot. Evan Nappen 10:54 And in the Fifth Circuit, FRTs, in the case out of the Fifth Circuit were found not to be machine guns. They do not make semi-automatic firearms machine guns. So, under federal law, you see that FRTs are very popular now in many, many states. They have evolved to where, for example, FRTs on AR-15 platforms are now created in what are called three-position safety FRTs. The three-position safety, for those of you familiar with how an AR-15 works, the safety on ARs will rotate to three positions. You have the “fire”, then you have “safe”, and then you have what’s called the “happy switch”, where on the complete roll around, it will go full auto. Well, they now have FRTs that, in the third position, will put the AR in a forced reset trigger position. You can then fire at that very rapid rate of fire. Essentially making it indistinguishable from fully automatic fire in effect, but mechanically, the trigger is in fact being pulled technically for each shot. These FRTs have developed to where they’re extremely reliable. It’s quite an amazing innovation, so that you can have an AR-15 that essentially functions like a fully automatic AR-15, but it’s not fully automatic. It utilizes the three position that an M16 would in fact use or an M4 that’s fully auto type AR would use. But it doesn’t technically fire fully automatic because each shot is being pulled for every shot being fired. Even though it’s done by way of this forced reset. Page – 4 – of 12 Evan Nappen 13:26 So, the interesting question is: are forced reset triggers legal in New Jersey? Let’s explore that question right now. When you look at New Jersey’s ban on machine guns, New Jersey prohibits machine guns under N.J.S. 2C:39-5, specifically under subsection a., which says: Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided under 58-5, which is the machine gun license, is guilty of a crime of the second degree. Now that 58-5 license actually is license to carry and possess machine guns and assault firearms. Oh, wait a minute! If the assault firearm law is unconstitutional, and the license for an assault firearm is the same license for a machine gun, oh my! Look what door has just opened in New Jersey when it comes to getting a machine gun / assault firearm license. There’s a path to be taken there, but that’s a discussion for another day. Evan Nappen 14:59 Let’s stay focused on FRTs. The machine gun is defined in New Jersey under N.J.S. 2C:39-1. section i. Under the 39-1.i definition of machine gun, it says. “Machine gun means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means for storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom. A machine gun also shall include, without limitation, any firearm with a trigger crank attached.” Okay, well pressed for each shot. Well, guess what? With a Forced Reset Trigger, you are pressing the trigger for each shot. Now, before you get too excited about that, New Jersey, of course, has taken a position, which we’ll discuss in a moment, about how they’re viewing that definition. However, the fight is on. The fight is on. Evan Nappen 16:12 But let’s continue. First of all, is an FRT a trigger crank? Well, a trigger crank is defined under section ff. of 39-1. It says a trigger crank means any device or instrument to be attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion. It does not include any weapon initially designed and manufactured to fire through the use of a crank or lever. So, Gatling guns are legal in New Jersey because they’re designed from the beginning with a crank. A crank that you attach to a semi-automatic firearm is specifically banned and placed within the machine gun definition. But an FRT is not a crank. Evan Nappen 17:13 What else does New Jersey prohibit? It prohibits a “bump stock”. What’s a “bump stock”? Well, that’s any device or instrument for a firearm that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger. And as you know, bump stocks are stocks, and they utilize the recoil in that way. A Forced Reset Trigger isn’t working in that mechanism either, and that can be demonstrated as well. So, cranks or bump stocks themselves, mere possession of them, are prohibited under N.J.S. 2C:39-3, subsection l. You have separate prohibitions on those items. Furthermore, the law states that a conviction for possessing them doesn’t merge with a conviction for possession of an assault firearm. However, possession of an assault firearm is unconstitutionally going to go down the tubes, as we know, from that great decision out of the Third Circuit Court of Appeals. So, we’re simply dealing with cranks and bump stocks as standalone prohibited items, but not assault firearms. Page – 5 – of 12 Evan Nappen 18:35 But the question becomes: Does New Jersey still ban Forced Reset Triggers? Interestingly, when AI is asked about this, when AI is questioned, for fun, I thought I’d ask AI about it. And what AI says, particularly Gemini, if you’re interested, it says the state prohibits them by treating them as machine guns and machine gun conversions under New Jersey statutes 39-1 and 39-5. Then it goes to cite New Jersey’s machine gun classification and statutory provisions and enforcement position. Okay, let’s look at each one. Machine gun classification. New Jersey law enforcement and the Attorney General’s office classify FRTs as illegal machine gun conversion devices because they enable semi-automatic weapons to fire multiple rounds continuously with a single function of the trigger. Okay, guess what? We have a fight on our hands with that. That is their position. Keep that in mind. If you’re caught with one in New Jersey, the state will make that claim. However, as you can see from the actual definition, we have excellent grounds for arguing that they are wrong. We don’t have case law establishing it yet, but loopholes help find the way. Evan Nappen 20:07 Statutory provisions. They’re claiming that 39-5 prohibits possession of machine gun or any device that converts a firearm to a machine gun. Well, we just determined that it’s about pressing a trigger, and the trigger still is pressed with an FRT. So, that part of AI seems to be no good. I brought that up in my continuing conversation with AI, and AI responded. You point out, which I am pointing out, that a central distinction that gun rights advocate and federal courts have leveraged to argue FRTs are not machine guns under the Federal Firearms Act, a machine gun is defined as a weapon that fires automatically by a single function of the trigger. Because an FRT physically resets and forces a shooter to apply distinct pressure for each shot, federal courts like the Fifth Circuit have ruled FRTs require a separate trigger function per round and thus fall outside the federal definition. Evan Nappen 21:09 However, New Jersey law applies a different statutory standard and circumvents the single function trigger loophole. Really? I thought it just said distinct pressure for each shot. What the hell is AI even talking about? Well, they’re claiming that New Jersey has different statutory language. They’re saying machine gun means any firing mechanism, not requiring that the trigger be pressed for each shot. AI makes that bold. Yet we know that it does. So, where are they coming from with this? Well, they’re giving a legal interpretation that the state’s legal argument tries to distinguish between pressed and pulled. The state’s position is that the New Jersey Attorney General and state prosecutors argue that with an FRT, the shooter applies one continuous undivided downward pressure with their finger. Because the firearm’s internal recoil energy forcibly resets the trigger against the finger, the shooter does not deliberately release and consciously press the trigger again for each shot. Evan Nappen 22:21 However, they’re saying, and again, it says conclusion. Therefore, the state views the continuous rearward pressure of a single finger squeeze as a single continuous act, meaning the shooter is not actively pressing the trigger for each individual shot. Even though what’s happening is what? The trigger is being pressed for each shot. Ha! Battleground, right there, my friends. Battleground. Not determined yet. I don’t think you want to be the test case, but the fight is there to be had. Page – 6 – of 12 Evan Nappen 22:54 Aggressive multi-state litigation. New Jersey actively defends this strict interpretation, and yes, they will. The state led a coalition of 16 states urging that the Fifth Circuit reverse federal rollbacks on FRT bans. Explicitly stating that FRTs are new, but mechanical principles which they operate are not. They say the state maintains FRTs are fundamentally designed to evade automatic weapon restrictions and fall squarely within the state’s sweeping definition of rapid fire modification. Well, you’re right. They do evade it. They evade it by following what the law requires and finding the loophole that finds the freedom. The argument is there. Evan Nappen 23:42 Then, in my questioning of AI, it said you said, “Does New Jersey ban FRTs, and if so, how? They say yes. New Jersey bans FTRs. The state prohibits them by treating them as machine guns. We’ve gone through again in this loophole of a loop, how and why. Then AI puts forward Senate Bill 2097 specifically bans binary triggers as well. Well, guess what? That didn’t pass. Ah, but they claim that binary triggers falls under the same legal arguments because you’re releasing, not pressing. You can see the battle. What makes this so fascinating, my friends, is that this is now going to become a hotter topic for New Jersey. As we see the death of the 36-year-old assault firearm ban and semi-automatics not being treated in any different way. We then see these fronts, these battlefronts opening up for challenging New Jersey’s machine gun definition, which can occur through their still existing licensing law, and can occur through the battle of the loopholes under FRTs and binary triggers. We are seeing glorious opportunities before us to destroy New Jersey’s gun rights oppression. And that is the power of loopholes. Let me also. Go ahead, Teddy. Teddy Nappen 25:41 What I was going to say is, what’s going to come next is basically once we achieved it, where machine guns are legalized and we’ve basically knocked all their laws out. This is goes back to what the the Democrat Socialists put out, and then they’re gonna go for trying to abolish the Second Amendment. Evan Nappen 26:02 That’s right. Teddy Nappen 26:04 But that’s the whole idea. The whole argument of how we won on dealing with the assault weapon ban was the “common use”. So, I think just continuing to flood the market and to make sure guns outpace the population is the only way we’re going to ever protect the rights. Just manufacturing and outpacing them. Evan Nappen 26:05 The more commonly owned, the better. Evan Nappen 26:29 Hey, I want to tell you about our good friends at WeShoot. They have something really cool. They have the Civilian Shoot House Training, and that will be taking place on Friday, August 14, eight a.m. to Page – 7 – of 12 noon. This is something new at WeShoot. This is not a beginner class. This is where training becomes real. WeShoot’s Civilian Shoot House Training is built for people who understand one thing: real situations don’t happen standing still on a lane. You’ll learn how to move through your home, how to clear rooms, how to make decisions under pressure the right way. What you’ll learn in the Civilian Shoot House Training is room clearing fundamentals, shooting while moving, target identification under stress, proper use of light and positioning, operating solo or as a team. Now, this is the kind of training that helps you protect your family and avoid tragic, life-changing mistakes. Evan Nappen 27:44 This training is ideal for homeowners and parents, houses of worship security teams, armed guards, civilian groups, anyone serious about real-world defense. And you’ll be training with the real deal. You’ll be training with Jim Weinberg, who’s got 30 years of law enforcement experience with SWAT, USERT, and Todd Friedman, retired detective lieutenant, special operations. He’s led 500 tactical entries, over 500. Scott Benito, a 25-year veteran, former lieutenant, tactical team leader. Ryan Benito, an Army combat veteran, 173rd Airborne, CQB instructor, master breacher. Andy Tkach, retired captain, firearm instructor, city SRT team member, instructor, police academy instructor, and municipal counterterrorism coordinator. Evan Nappen 28:40 This is the kind of quality training you will receive from WeShoot in their Civilian Shoot House Training. These are instructors who have done it in real life, and they will teach you how to do it right. Listen, folks, the bottom line is this. Shooting is one skill; moving safely through your home is another. If you’re serious about protecting what matters, this is your next step. Keep in mind, spots are limited. Secure yours now. Go to weshootusa.com. Check out their fantastic website. It’s the greatest range. Teddy and I shoot there. We love it. Wwe get our trainings, where we get our certifications, and you can too. Whether you’re a beginner or advanced, WeShoot is a place for you. Conveniently located in Lakewood, right off the Parkway. Easy to get to, and a great resource. Take advantage of this resource at WeShootUSA.com. That’s the range you need to go to in New Jersey. Evan Nappen 29:49 Let me also tell you about New Jersey Gun Law. That’s my book. The Bible of New Jersey Gun Law. Everybody needs a copy. Get your copy at EvanNappen.com. It is a question and answer goldmine to fill you in and make it so you don’t become a GOFU. If you want to avoid that, you need the book. That’ll help you do it. Hey Teddy, what do you have for us in Press Checks? Teddy Nappen 30:17 Well, as you know, Press Checks are always free. We always like to check out our friends at AmmoLand, and they point out something that’s again very scary. If you’ve seen the news, all the big talk is about Flock Cameras. (https://www.ammoland.com/2026/07/flocks-flying-cameras-how-300-million-drone-deal-turns-america-into-an-always-on-surveillance-grid/) Typically, there’s a bill aiming to stop. Evan Nappen 30:37 What is a “Flock Camera”, Teddy? What is it? Page – 8 – of 12 Teddy Nappen 30:42 It is basically a highly advanced surveillance system that tracks, uses facial recognition, biometric identifications, and any other . It uses high level technology of capturing, analyzing, retaining. Evan Nappen 31:00 So, what are these cameras that are put all over the place? Teddy Nappen 31:03 So, they’re looking to. Right now the network has surpassed 100,000 cameras. They are operating more than 500,000. Evan Nappen 31:10 One hundred thousand cameras doing facial recognition, tracking, surveillance. Is this like Big Brother happening? Teddy Nappen 31:18 It is. And unfortunately, the Big Brother is very retarded. There have been many issues, including the fact that they’ve had the network be exposed, where you can get live feeds of the flock cameras. It’s amazing what you can find at a bunch of cameras pointed at, oh, you know, schools, playgrounds. That’s not going to be abused, and also it makes mistakes and false. Evan Nappen 31:44 And people are hacking into them, aren’t they? Teddy Nappen 31:46 Repeatedly, yes. And they’ve had. Evan Nappen 31:48 Well, wait a minute. If you’re not doing anything wrong, what do you have to worry about? Teddy Nappen 31:53 Well, it was pointed out in the article that this is important for the Second Amendment because it’s tracking license plates where it’s logging in, arriving and departing gun stores and gun shows and shooting ranges. Evan Nappen 32:08 Oh, New Jersey would never do that. Oh wait, they did. They did it at gun shows, even in out-of-state gun shows. Oh my. Teddy Nappen 32:16 Correct. Page – 9 – of 12 Evan Nappen 32:16 Oh my. And that’s without the aid of Flock Cameras. Teddy Nappen 32:20 Correct. And apply that now to not only building profiles where they’re going to determine oh this person’s a gun owner. So that obviously means they’re going to make the calculations think you’re carrying, and they’re going to wait until a moment when you’re in a “sensitive place” and try to bust you then. Doing this data tracking. Evan Nappen 32:41 Well, you’re not supposed to be in a “sensitive place”, Teddy. Teddy Nappen 32:44 Yeah, I know. It’s almost like you know things happen. Evan Nappen 32:46 And not only that, they use Wi-Fi to determine if you have a gun. Teddy Nappen 32:51 Correct. And then marry this with AI with a new thing called Signal Trace. It comes by the Leonardo USA Cybersecurity Company. So, this company, they use the Signal Trace. It’s a software system for identifying groups of consumers using multiples of the electronic devices. So, say that you have a smartwatch and a phone, or even your car, and all of that is accessible through the Signal Trace, where they develop large-scale profiles of individuals that they are tracking on these cameras. Now they understand. Oh, this person’s a gun owner. This person carries. This person’s going to have a whatever carry package. Evan Nappen 33:37 Wait a minute. I’ve got a question. I see, but are there any like countries that might be like authoritarian and really mean to their people that might be using technology like this? There isn’t any countries doing that now, is there? Teddy Nappen 33:54 China, Russia. Evan Nappen 33:56 China and Russia. Teddy Nappen 33:57 UK. Evan Nappen 33:58 I see, and the UK, of course, of course. Page – 10 – of 12 Teddy Nappen 34:03 These are various nations for that they’re going to abuse it. And by the way, they’ve come out and said they’re not talking about combining the two systems of Signal Trace. There’s no official contract, but let’s be real. The fact remains AI. Evan Nappen 34:19 Anything Government can abuse, they will abuse. That’s an iron law of Government abuse. Who’s kidding who? And by the way, if you’re not doing anything wrong, you’re not doing anything wrong till somebody decides that what you’re doing is wrong, and now it’s wrong in their book. Teddy Nappen 34:36 I’ll give you a one example. Well, they bought Aerodome, which is a drone package. So, now it’s going to be a mobile Flock Camera, calling it the Alpha. Evan Nappen 34:51 Oh, wow! Everywhere! Flying overhead. Anywhere, everywhere, constant surveillance. That’s just lovely, lovely. Teddy Nappen 35:02 Yes. Evan Nappen 35:02 Who wants to live like that? Teddy Nappen 35:05 Yes. So, Big Brother is out there, and I’m pretty sure there are a few videos on how to do drone hunting. So that’s going to be fun. Yeah. You know, when Amazon was doing that, it was skeet shooting with prizes. Evan Nappen 35:20 Ha, ha! Well, you know, there’s a federal bill I understand to try to ban these. Teddy Nappen 35:27 Correct. It’s the Protection Against Mass Surveillance Act (H.R. 980). (https://www.ammoland.com/2026/07/burchett-bill-flock-cameras-gun-owners/) Evan Nappen 35:33 Well, damn, we need that bill. Teddy Nappen 35:35 Yeah, no, no kidding. Evan Nappen 35:37 It’ll be a federal prohibition on this nonsense? Page – 11 – of 12 Teddy Nappen 35:40 All federal agencies will be prohibited from using automated surveillance system to identify, track, or record individuals. Evan Nappen 35:46 Oh, I’m sure the state of New Jersey will happily do it, though. It sounds right up their line. Teddy Nappen 35:52 Yeah. Evan Nappen 35:53 But at least if we get the feds to maybe even make it preemptive. It should be a federal law that preempts the area, so that’s nationwide and preemptive. So, you kill it for the whole country. Teddy Nappen 36:06 Yeah, and this is where. Again, this is the marrying of what will come because we can have all these fights and win and get all the loopholes, but this combined with AI of what they’re going to do, they will just track, and they know how many guns without even having to do the right process. Evan Nappen 36:24 It’s scary. It’s scary stuff. Teddy Nappen 36:26 They won’t even need to do the paperwork even. It’ll just have an AI. Evan Nappen 36:29 You know, technology is advancing so fast with all this. You’re combining AI and drones and Flock cameras and this targeting ability. I mean, you know, we’re not too far from RoboCop. And that also includes actual robots coming our way. Then you combine robots with Flock and drone and AI, and you see we’re entering into a sci-fi horror show here. Teddy Nappen 37:03 Yeah. Evan Nappen 37:04 They better get the federal laws on this stuff, man. It’s spooky. It’s scary. It is not how I grew up. I’ll tell you that. It’s bad news. Bad news. Evan Nappen 37:17 Well, I want to tell you about this week’s GOFU, which is of course the Gun Owner Fuck Up. It’s important. We always study GOFUs. You don’t want to become a GOFU. GOFUs are expensive lessons that others have learned that you get to learn for free, so you don’t repeat them. And let me tell you, these are actual cases, clients and real scenarios. I’ll tell you something I’ve seen a lot of lately. Page – 12 – of 12 Folks that are doing their own expungements. If you have a record that needs to be cleared, I absolutely do not advise doing it yourself. You need a professional to get your expungement done right. There’s a lot of nuances to getting expungements done right, and when they are done wrong, it is a nightmare. It is a nightmare to fix it, and it creates escalating problems. Evan Nappen 38:11 Let me give you an example. You get an expungement, and you don’t clear all your records. You think you have. Next thing you know, you’re jammed up on your gun application for lying on the form. You’re looking at five years in State Prison for lying on the form because you wrote “no” when you should have wrote “yes”. You thought you were expunged and you weren’t. You get an expungement. You actually get everything cleared, but you didn’t realize that you had to wait for the State Police to also scrub the record. No one told you that. You thought it got done, but the database comes up that you have a record. You’ve said “no”. Now the entire system comes down on you for lying. License denial, gun forfeiture, revocation. You’ve got to fight it all off. Again, giant problem. Evan Nappen 39:03 Even if you get the expungement order, you don’t realize the record hasn’t been scrubbed. Your local issuing authority recognizes the expungement, and grants you the license or permit. You then go to the dealer to buy, but get denied on the NICS check because the database still has it in it. Now the feds are on your ass, and the entire escalation comes down on you for that. We see these scenarios over and over again. If you or anybody you know needs an expungement, get it done professionally. There’s too many pitfalls, problems, and nuances in doing it properly and correctly. Believe me, we see that downside. Don’t be a GOFU. Evan Nappen 39:57 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 3 40:08 GunLawyer 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. Downloadable PDF TranscriptGun Lawyer S5 E301_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 300- Do Not Engage in “Maritime Salvage” Just Yet.  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer — Episode 300 Transcript SUMMARY KEYWORDS New Jersey gun ban, Third Circuit Court, Second Amendment, Judge Friedman, assault firearms, large capacity magazines, Supreme Court decision, July 31 date, mandate, stay of implementation, common use, federal gun laws, interstate commerce, carry permit, socialism. SPEAKERS Teddy Nappen, Speaker 2, Evan Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:23 And this is Gun Lawyer. I need to give everyone a warning. Do NOT engage in maritime salvage from boating accidents until given the all clear. Teddy Nappen 00:39 You might find a few bodies in Jersey. Evan Nappen 00:41 Well, the reason for this is, of course, we’re all extremely excited about the Third Circuit Court of Appeals en banc decision killing and pronouncing dead the New Jersey 36-year-old ban on so-called “assault firearms” and so-called “large capacity magazines”. (https://www2.ca3.uscourts.gov/opinarch/242415p.pdf) I mean, we’ve known it’s a violation of the Second Amendment ever since the day it passed, but finally getting to this day is wonderful. Just a great day for freedom and liberty and shoving it up New Jersey’s butt. It is great. It is great. Evan Nappen 01:26 However, in practical terms, a lot of the key questions that are out there. Are we good to go? Can we buy these guns? Can we buy these mags? What’s the story? What’s the deal? I’m going to explain to you where we’re at with that, and that’s the important thing that I know a lot of you want to know. At the moment, we’ve got to just let the dust settle here because there’s certain formalities and deadlines and procedures that can happen. Yes, we have the win. We have the win. It’s a fantastic win. It’s a decision which was 10 – 5. It was brilliant. We absolutely crushed it. Page – 2 – of 11 Page – 3 – of 11 Evan Nappen 02:07 The decision was written by Judge Freeman, who, by the way, the judge who wrote this magnificent decision was a Biden appointee, and the first female judge of color. That’s right, a woman of color. The first on the Appellate Court and a Biden appointee – who is giving us this fantastic Second Amendment decision, which is restoring freedom and helping to stop oppression of our Second Amendment rights. So, you know, this is important because it’s how it should be. Those that believe in rights, whatever you might think of the bat might be their politics. It’s everybody’s Second Amendment. It’s everybody’s right. And if you’re going to follow the Constitution and you’re going to be a judge that follows the Constitution and does not goes for politics, then this is the right thing to do. So, I take my hat off to Judge Freeman. It is a great decision. Extraordinarily thorough. Evan Nappen 03:27 I understand her background was that in being a public defender as well, and I’m sure that she saw what these laws do to good people and how unfair and unbelievably stupid they are. We now see the results of all the incredible hard work that’s been done over years that got us to this point. So, we’re all just jumping for joy, and it’s really making clear that the so-called assault weapon, assault firearm bans, even across the country, are on their deathbed or are being killed and dying. Even with the U.S. Supreme Court having taken the Viramonti and Grant cases now. We’re going to get a federal Supreme Court decision that’ll come out in June 2027. This New Jersey Appeals Court decision is, of course, going to I’m sure come into play in their decision making there, and it is a great day for us for sure. Evan Nappen 04:37 However, how does it work now that we have that decision? How will it work in practical terms? This is where some patience is necessary. Some important patience is called for. And that’s because you may have heard, and if not, I’m going to mention to you, that there was an email that was sent out to dealers from the State Police Firearms Unit. It went out and it said that that essentially July 31st, July 30-first, they’re going to the this will become effective, meaning the court case effective. It was kind of weirdly written with this date, and it seemed to indicate that July 30-first, everything was going to be free flowing, and we were going to be good to go. But it wasn’t really. It basically put everyone thinking. Okay, July 31 is some kind of key date, and that’s when we’re going to know. Why would they even pick that? Like, what is going on? So let me explain that date and what’s really happening. As a matter of fact, our good friend, John Petrolino, at Bearing Arms, recently had an article that says “NJ AG Backtracks on Date of Gun and Magazine Ban’s Demise”. (https://bearingarms.com/john-petrolino/2026/07/23/nj-ag-backtracks-on-date-gun-magazine-ban-demise-n1233262) Evan Nappen 06:10 The backtracking is as follows. This is what’s going on. That July 31 date, which Bearing Arms and Petrolino got the word from Davenport’s office. Davenport is the Attorney General that is saying. “We have until July 31, 2026 to petition the court for rehearing, and then seven days later on August 7, 2026 is when the decision is effective”. So, that’s where they’re coming from. Are they going to petition for a rehearing now? Just because they petition for a rehearing doesn’t mean that a rehearing is going to get granted, and I frankly think it’s unlikely that it’s going to get granted. Page – 4 – of 11 Evan Nappen 07:08 Now, in addition to this mix, is what’s called the mandate. A good friend and colleague, who was the lead counsel and fought hard on this very case, Dan Schmutter, a great Second Amendment attorney, was speaking to John (Petrolino) and also explained that there’s this mandate. Essentially, what he said is, “The mandate is the actual order . . .” That’s the direction to the lower court to implement the ruling, and that mandate is basically an August 10t date. So, August 10 is going to be a critical date in understanding the practical aspects of when and if these firearms and magazines will again be bought, sold, and possessed in New Jersey. And that’s why we’re putting advice out about not doing any maritime salvage for any boating accidents on recovery until we have an understanding of where we’re at here. Evan Nappen 08:32 Now, there may even be a stay granted, a stay of the implementation of the mandate. That would mean we’d be in a holding pattern until that stay gets lifted. This might, in fact, happen, and then that will ride until we get the (U.S.) Supreme Court rendering its decision. New Jersey also might try to go for (U.S.) Supreme Court review, what we call certiorari, and that may end up bringing it into or making it part of or put on hold with the Supreme Court case pending in Viramontes and Grant. This is all out there in the mix. Evan Nappen 09:15 So, the number one takeaway from all this is – Don’t do anything yet. We have all the reason to be extremely happy, to be joyous, to realize that all our hard work is paying off. But at the moment, don’t take any steps yet, so that you don’t end up in a giant GOFU. And doing something now is the GOFU. That’s this week’s GOFU. This week’s GOFU, even though we normally do it at the end of the show, let me just tell you right now, the GOFU is that. Do NOT do anything different right now. Don’t buy or order magazines. Don’t possess any of the firearms that may fall under the current ban. You may be seeing things online where people are claiming that they’re buying and selling and doing. I wouldn’t be doing that right now. Even though I’m confident in our victory, it still isn’t a done deal. The old “wait till the fat lady sings” deal. Well, it applies here. There’s still the risk. And during that time period, right now, before we have the definitive legal standing, so we can say you have the green light. We’re all good. You’re taking a risk that you don’t want to take. So that is the point. Teddy Nappen 10:48 One of the things in reading the case, Dad, just kind of going through, they outline the full breakdown of using Bruen of how they essentially destroy it with the test, the two-part test. The Second Amendment plain text covers the individual’s conduct, and then clicks to the next one. And also says it must demonstrate the regulations consist of nation’s historical tradition of firearm regulation. They show the combination of this with Wolford as well. Wolford goes into the three subsidiaries where applies, what is people, all members of political community, and then goes into arms. Arms is the game because that was the whole crux was the issue of common use. That was the entire thing that the Left have been trying, the dangerous and unusual. It was clearly outlined in the opinion talking about the idea of common use, both with the AR-15s and assault firearms, but with mags as well. They even highlight that where the I almost read like Scalia, where he used to you know. If you ever read his opinions, he always joked and made like little snide remarks. It was very funny. But with the 24 million AR-15s, this Page – 5 – of 11 is right out of the case, 24 million AR-15s and similar sporting rifles, the classification that can be determined are in common use, lawful purposes, typically common standard. With a 20 to 30-round mag, up to 100 million 30-round mags in the United States, magazines are in circulation. That sets the degree of common use. Evan Nappen 12:38 Let me tell you why that’s so important. Because once common use, you have that, and it actually has a reverse burden from this case. Common use is shown. It’s done. It’s there. We, as those challenging the laws, that burden isn’t on us, and it makes it now so that the State has to demonstrate the Bruen test. So, this is very significant because of how it addresses common use. And, of course, these semi-automatic firearms and their magazines are, it’s undisputable. It’s indisputable that they’re in common use. There’s more AR-15s than there are Ford F-150s out there. So, this is great. And you know the gun rights oppressors realize that their days are numbered, don’t you think, Teddy? Don’t you think they realize that? Teddy Nappen 13:55 Well, not only that, they’re putting out newsletters crying about it. I mean, cut to right now, The Trace. Literally, they just admitted defeat right from The Trace. “New Jersey Just Lost Its Assault Weapon Ban. Here’s Why That Matters for the Rest of the Country.” (https://www.thetrace.org/2026/07/state-assault-weapons-ban-new-jersey/) They admit it. In Delaware. The challenges in Chicago. All the different ones that are currently in play to take out the assault weapon bans. They even go into that it’s been part of. It’s been, they’ve been a synonym, the assault weapons and the gun control debate. Oh, really? It just shows the outlandishness of the debate, really. Evan Nappen 14:39 Yeah. Well, they know it, and this issue for them has been such a magnificent fundraising, pearl clutching, issue for them, and it is going to be bye bye. Across the board on gun laws challenges, they are losing, losing, losing, losing. Teddy Nappen 15:07 The one thing I will say, and I always like reading the dissent. This is the mindset of the Left of how they, and pulling right from the dissent here where they go into it. The rights secured by our founders in the Second Amendment is not unlimited. They always cite that to Heller. It has never been understood that the guarantee of a right to keep and bear arms, to carry any weapon whatsoever in any manner whatsoever, or for whatever purpose. Instead, the Second Amendment allows states to ban certain types of firearms. I don’t remember that in the Second Amendment. I don’t remember those words. Evan Nappen 15:50 Well, here’s a funny little thought that occurred to me about this. Once the dust settles, and ARs and mags and semi-auto rifles and all the, you know, intrinsically evil guns that the oppressors hate. Once they’re all good to go in New Jersey, the definition of assault firearm. That term, assault firearm. That definition is still found in New Jersey law. It’s just that the ban is found to be unconstitutional. The ban, right? The prohibition. But the definition of that term is still in law. That’s found under firearm definitions. It’s found there. The ban itself is found in a different section. That’s under N.J.S. 2C:58-5.(f). It’s a Page – 6 – of 11 different section. That’s where it’s banned. It’s made a crime of the second degree to possess any of these guns without a permit to carry an assault firearm, or it having been registered or rendered inoperable. Right there in the statute. If you don’t have any of those exceptions, then you are a violator. If you violate it, if you’re convicted, you’re looking at up to 10 years in State Prison, with a minimum mandatory three and a half years. It’s draconian and insane. Evan Nappen 17:28 So, the law, the law itself, that is the ban. That’s the 39-5 law. That’s where the ban is. The definition is in 39-1. However. However, what’s very interesting is New Jersey has, under 58-5. That’s N.J.S. 2C:58-5. They have the license to carry and possess an assault firearm. Now that license to carry an assault firearm mandated two things in order to get it. One is that you first have a permit to carry a handgun, and of course, when that law was put in place, you know, there were less than 600 citizens that even had permits to carry a handgun. Now, there’s 100,000 approximately or more that have a permit to carry a handgun. So, that one has already been met. Evan Nappen 18:33 Then the other thing you had to show was that somehow it was in the public interest for you to have this. However, that standard, those standards, even the standard for carry of justifiable need, the standards have been eviscerated by Bruen. You can’t have those standards. You can’t have those standards on a carry. So, what is left in place, my friends, is an assault firearm carry license. Let that sink in. So, in other words, not only by the definition that still exists are these guns there as a list, but New Jersey has a carry permit waiting for you to obtain, so that you can carry those guns. They can no longer ban them, but they have a license to carry them that you can get. And not only will you be able to get it, you’ll be able to get it and have the guns. Because you can’t ban the guns. So, now, their carry permit that they put in to somehow work as an impossible to get exemption can now be turned against them, and can be used so that we can even get licenses to carry the list of guns that they so radically expanded to the features of the ’97 guidelines and anything substantially identical in the list of 67 guns, etc. So, their laws are going to come back, as they are, and bite them in the ass, as it should be. Keep that in mind. Teddy Nappen 20:21 It’ll be really, it would be really funny, Dad. If we somehow could interview Josh Sugarman. Just to ask him, like his literally the thing, the term that he used is now going to codify as the de facto defense to allow people to have and possess the firearms. Evan Nappen 20:39 And not just possess, but to be able to carry. Because New Jersey has a so-called assault firearm carry license. The definition of assault firearm is one statute, and the carry license is another. What the decision is invalidating is the ban, is the ban, and New Jersey has a vehicle in place already in law to apply to carry them. So, there you go. Another little tidbit to consider. Evan Nappen 21:13 And I’ll tell you something else, Teddy. I have a really important case to talk about that may even be more significant, if you can believe it. More significant than this entire battle over assault firearms. Page – 7 – of 11 Because this issue may completely wipe out the key foundation of federal gun laws. I’m gonna tell you about it in a moment. But first I want to tell you about our good friends at WeShoot. WeShoot is an indoor range in Lakewood. It’s where Teddy and I both shoot. Where we get our certifications, where we get our training, and where we love to enjoy our range time. Now WeShoot, as many of you know, has a fantastic pro shop. There are such a great bunch of folks, and they have many different programs, training, and offerings. Evan Nappen 22:12 One of the things they’re offering right now that I want to talk about, that I think is really, really great is they’re offering New Jersey carry certification, CCARE, but specifically they’re offering a course for seniors. For seniors. They have a very welcoming, senior-friendly program designed to make the process simple, comfortable, and easy to understand. With WeShoot’s extremely experienced instructors, they’re able to provide a safe and supportive and a pressure-free environment where you can build your confidence, improve your skills, and gain the knowledge necessary so you can carry responsibly. This course is really a great idea, and it is something that if you are a senior and you are looking to be able to protect yourself, because that is our right, and of course, as a senior, you know you’re not as physically capable as you used to be. Evan Nappen 23:30 This course has basic firearm safety as a component. There’s safe handling and loading, unloading, and storage techniques. They do easy to understand instruction in use of force, how to do holster safely, safety with holsters, and how to properly draw. Then you do the live fire qualification. All this is step-by-step guidance, including through the New Jersey permit application process. So, this is a great service that is being offered by WeShoot. If you or anyone you know is a senior and they want to be able to get their permit to carry, here’s a great opportunity to be introduced and learn properly, correctly, and get the credentials that you need to do it from We Shoot. Check out weshootusa.com. Their beautiful website with fantastic photography. And don’t miss the WeShoot girls when you go on their website. You’ll love it. WeShoot is the place. They’re right there, conveniently located in central Jersey. Conveniently, right off the Parkway there. Check it out. Evan Nappen 24:49 Let me also mention my book, New Jersey Gun Law. Make sure you have your copy of New Jersey Gun Law. It is the Bible of Jersey Gun Law. It’s over 500 pages, 120 topics, all question and answer. It will guide you through the insane matrix of New Jersey gun laws, and it is something that I’m looking forward to seeing be made smaller, being made a smaller volume. That’d be nice as we keep chopping away the gun laws. But New Jersey still has many of these laws to go, and you need to make sure that you don’t become a GOFU. So, go to evannappen.com, evannappen.com, and get your book today. Evan Nappen 25:37 Now, Teddy, there is a really important development taking place in the Fifth Circuit, and it’s all because of Saint Thomas. That is what we call Justice (Clarence) Thomas, one of the greatest judges on the Supreme Court, of course. He, interestingly, laid out a challenge. He laid out a challenge in the recent Supreme Court decision in (United States v.) Hemani. In Hemani, Justice Thomas said, “The Commerce Clause does not authorize Congress to ‘regulate or ban possession of any item that has Page – 8 – of 11 ever been offered for sale or crossed state lines'”. Then Thomas wrote. “Otherwise, federal commerce authority becomes “a general police power of the sort retained by the States.” Evan Nappen 26:58 Now that is a fascinating gauntlet thrown down by Judge Thomas, and it has now been picked up by the Fifth Circuit. And a great article on this by Duncan Johnson from Ammoland. The article is: “Fifth Circuit Takes Justice Thomas Up on Challenge to Federal Gun-Control Power”. (https://www.ammoland.com/2026/07/fifth-circuit-squire-922g-federal-gun-ban/?utm_source=Ammoland+Subscribers&utm_campaign=1fc1371d30-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-1fc1371d30-21268623) And yes, it does. Evan Nappen 27:22 Because what Thomas is doing there is going at the federal power of interstate commerce. Now, let me tell you, folks. There’s only certain powers that the federal government has, and all the other powers out there are reserved to the states. So, what are the powers of the federal government? Well, there’s three primary powers that the federal governments have. And if the laws are not founded within those powers, if the powers aren’t there, then there’s no jurisdiction for the law that the Government has passed. So, the key federal powers are the power of taxation. That’s one power. The military power. And the power of interstate commerce. Those are the powers in the Constitution given to the federal Government. All the other powers go to the states. Evan Nappen 28:24 So, you see that every federal law, every federal law, has to be based on one of those three powers. Otherwise, there’s no jurisdiction for the law. So, originally, way back, the key power that was used by the federal government were two: military and the power of taxation. And you see, the power of taxation that was the first power used to pass a national gun control law, the National Firearms Act of 1934. The NFA is based on the power of taxation. That’s why you get a tax stamp. That’s why ATF and all were originally part of Treasury. It’s all based on the Government’s power of taxation. And with the Big Beautiful Bill, the tax was made zero. So, now, in the big beautiful lawsuit, the argument is: if you’re not collecting a tax, then your jurisdiction for this, your power of taxation, doesn’t exist anymore. The law is no longer valid because it’s no longer a tax, and therefore no jurisdiction. Evan Nappen 29:44 Well, that third power, interstate commerce, that’s where you see the greatest amount of federal government abuse and overreach that ever existed. You can trace that back to the Wickard versus Filburn case. (https://supreme.justia.com/cases/federal/us/317/111/) This case had to do with a farmer growing his own food during FDR’s administration. The farmer was growing his own food for himself and for his own livestock. He didn’t sell a grain of it anywhere. And the government said, “You can’t do that. We regulate what farmers can and can’t grow.” And the farmer said, “Hey, man, this is my farm. It’s for me. It’s not for anyone else. I have a right to do it. And the court said, “Oh, well, the fact that you grow your own and don’t sell it or distribute it affects interstate commerce. Affects it. And man, that opened the door. Because then anything that affects interstate commerce, anything that has traveled in interstate commerce, anything. Broad, broad, broad. This explosion in federal power. Page – 9 – of 11 Evan Nappen 31:00 Thomas, obviously and correctly, sees that this is nuts, and wants to pull it back. And now we have a case in the Fifth Circuit, “United States versus Squire”. Again, en banc, full court, where there was a total remand back, in which the consideration is now going to be a challenge as to whether interstate commerce, whether that power, can affect simply, as in Squire’s case, which involved a felon. A convicted felon, a bad guy. Someone who, you know, is not a nice person, as our president would say. Not a nice person. However, the gun that was found in, I think it was Louisiana, the gun that was found at this guy’s place was not used in a crime. Was not used in a murder. You know, was not the element was not evidence of any offense of that. Evan Nappen 32:14 But he was charged with being a felon in possession of a firearm. The question is, is a gun that merely at some point had traveled through interstate commerce, but was no longer, you know, in interstate commerce at all. It was no longer. Just in this guy’s place, sitting in a state in in Louisiana. Does the federal government’s power of interstate commerce still apply to that, so that they can enforce a federal gun law stopping felons from possessing a gun, or is that an overreach? And this case, my friends, has the potential to remove the very foundation of federal gun laws based on interstate commerce. It is extremely, extremely important. Even the dissent recognizes that this is the case. As a matter of fact, the dissent in the Squire’s case said the court has “welcomed the possibility of finding that Congress’s Commerce Clause authority cannot support 922(g).” That’s the felon in possession prohibition. “Such a decision”, he (Judge Stephen Higginson) said, “would have massive import for federal law.” That’s right. You’re damn right it will. You’re damn right it will. And that’s what they’re afraid of. This is why the Squire case can be absolutely game-changing like no other. So, we will keep a close eye on that. Teddy Nappen 34:14 I would kind of combine that with just, from the political landscape where you see. I don’t know if you saw the Democrat Socialists. They put out that stupid manifesto where they were talking about eliminating the Senate, expanding Congress. They appoint the president. You don’t elect the president. They appoint and just abolishing our system. Evan Nappen 34:37 Oh yeah, they’re basically turning us into a dictatorship, a communist dictatorship. Teddy Nappen 34:44 I feel like that would be the ultimate check on their power. If we could really, really, truly curtail the commerce clause to not allow that much power. Evan Nappen 34:56 Oh yeah, we need to. Yeah, this is all about pulling back the federal government in its overreach. And yet something like national reciprocity, where we’re dealing with a Constitutional right and actually traveling interstate. Well, now we do have interstate commerce going on. We have crossing state lines. We have something that is so plainly a federal issue that falls under it. Whereas, when you start making an inanimate object that at some point just crossed the state line and ends up in somebody’s home. Page – 10 – of 11 They’re not traveling with it. They’re not moving with it. They’re just saying, “Hey, you know, even though it was purchased or acquired in Louisiana, but at some point it had to get to a dealer, you know, and made it to the. I mean, this is so far down the line of having any connection to it. Evan Nappen 35:55 And as Thomas points out, it basically removes the state police power, which is a power that should be reserved to the state. So, this is going to be a fascinating argument to follow, and the threat of communism through the Democrat Socialists. I mean, you know, look at what we’re looking at today, Teddy. When was the last time we saw that, you know, Democrat Socialists? You know, they want national socialism, and they combine it with Jew hate. Gee, those folks used to walk funny. I think, right? Remember them? That’s what they’re basically mirroring right now in America. Teddy Nappen 35:55 Well, it goes back to, Dad, you gotta look at the two biggest propagandist industries. You had higher education, which you know that’s, thank God Donald Trump cracked down on that hard. Where now they’re no longer be going to give out loans to. So you have to get a bat. You can get a bachelor degree in feminist basket weaving, and that’ll cut out a lot. Evan Nappen 35:55 Right, that’s a great move, too. You’re right. Teddy Nappen 35:58 And number two is Hollywood and entertainment, where they also push the socialist movement. That I think, particularly with AI and other and independent projects, are rising above and breaking the stranglehold of Hollywood. At the point now, they’re trying to fund Jersey, where Netflix is building, and you got Paramount and the others are funding it. Trying to turn into the New East Hollywood. But the main thing is McCarthy wasn’t wrong. He went overzealous, yes, but just the levels of it. There were communists in our in the in our works of the government, and here is the fruits of their labor. Evan Nappen 35:58 Well, not only that, you know, during McCarthy’s day, they tried to stay hidden. Now, they’re open about it. They’re open. Teddy Nappen 36:37 They’re proud of it. They’re bragging. They’re proud of it. Teddy Nappen 37:54 They’re wearing it. They’re bragging about it. And this is a complete antithesis to what America is all about, and nowhere ever has communism worked. Look, you know, when that wall came down in Germany, where do you think they wanted to go? You know, you don’t see people escaping. “Escaping” to communism. It’s the reverse. And once you get communism, once you elect it in, you end up having to shoot your way out. So, you know, I don’t think the overwhelming majority of Americans are that foolish. But here’s the problem. The majority of Democrats are because statistically they’re apparently in favor of socialism, which is just, you know, a euphemistic label for communism. Page – 11 – of 11 Teddy Nappen 38:54 Here’s the issue, though, Dad. It’s my generation, the next, where I think the number was like 58% are seen in favor of socialism. That’s that generation. So, you this time period will be fine. But the next generation, that’ll be where like it’s something. This is where we need to do heavy, heavy arms of propaganda. And look, the easiest way to dispel this argument – name me one country where socialism works. Tell me that. They immediately try to say the Nordic country, and then I say, okay. First of all, here’s a deal for you. We’ll completely deregulate oil, just like the Nordic countries. Our immigration policy is about around 3% and reduce the migrant population to about the size of any Nordic country. And then finally to end it all, make sure people have healthy, maintain themselves healthily, and actually watch what they’re actually eating and going into developing healthier habits, like a lot of the Nordic countries. Then get back to me on socialism. Other than that, none of that works. We are a heavily diverse nation. We have a lot of unhealthy issues. So, when I hear it, it’s just B.S., every single time. There is no. They move the goalposts and say there’s never been any true. It hasn’t worked yet because it’s not. It hasn’t been the right version. Evan Nappen 40:18 Yeah, right. Well, I don’t want to be part of that experiment. Thank you. Okay, no thanks. No, thank you. I’ll stick with our Founding Fathers. I’ll stick with the incredible quality of life that capitalism has given us. And there’s a reason why so many people want to come here. There’s a really good reason for it, and it ain’t communism. That’s for sure. Hey, the other thing. This. Yeah. Yeah. Go ahead. Teddy Nappen 40:43 No, I was gonna say. Here’s the other one. Name me once did communism ever allow for someone to take a loan to get a business started? Name me one faction of that, where someone who came from essentially the small folk being able to rise up and become millionaires and running their own businesses. Yeah, exactly. Evan Nappen 41:07 Maybe recently you heard, I just heard President Trump talking about it, and he summed it up pretty well. He said, “Communism is shit.” That’s exactly what the President said, and then he goes. His wife gets upset when he uses that word, and Reverend Falwell even wrote him once and said to him, you know, we’d prefer if he would try not to use profanity. And then Trump said he told him, the problem is that’s the word that perfectly describes communism. So, I guess if there’s any time to use the word, that’s the time to use the word. So, there you go. Evan Nappen 41:49 Hey, this is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 42:03 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S5 E300_Transcript About The HostEvan Nappen, Esq.Known as “America's Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it's no wonder he's become the trusted, go-to expert for local, industry and national media outlets. Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It's Your Call with Lyn Doyle, Tom Gresham's Gun Talk, and Cam & Company/NRA News. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. 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";

Cam Edwards has spent 22 years covering the Second Amendment — and right now, he says, the fight has never mattered more. Ryan Gresham sits down with the host of Cam & Company to break down how Virginia went from purple to East California in one session, why your "safe" state could be next, and why the Supreme Court's upcoming assault weapons case might be the most important 2A decision since Heller. Plus, the phone call that changed Cam's life — and why groundhogs are about to meet a suppressor.This Gun Talk Nation is brought to you by Colt, Shooting Sports Life, Archon Firearms, Silencer Central, Ruger, and Range Ready Studios.About Gun Talk NationGun Talk Media's Gun Talk Nation with Ryan Gresham is a weekly multi-platform podcast that offers a fresh look at all things firearms-related. Featuring notable guests and a lot of laughs. Gun Talk Nation is available as an audio podcast or in video format.For more content from Gun Talk Media, visit guntalk.com or subscribe on YouTube, Rumble, Facebook, Instagram, and X. Catch First Person Defender on the new Official FPD YouTube channel. Watch Gun Talk Nation on its new YouTube channel. Catch Gun Talk Hunt on the new dedicated YouTube Channel. Listen to all Gun Talk Podcasts with Spreaker, iHeart, Apple Podcasts, Spotify or wherever you find podcasts.Copyright ©2026 Freefire Media, LLCGun Talk Nation 07.22.26Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  The momentum for destroying bans on classes of guns continues/-- Why own several AR-15s?--  One federal court just ruled that bans on so-called "High Capacity" magazines are unconstitutional. Will the Supreme Court rule that way?Gun Talk 07.19.26 After ShowBecome a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- A quick and easy way to advance gun rights. Sean Maloney explains the "Comment Period" available on ATF proposals.--  Why would anyone have an AR-15 rifle for personal protection?--  The .45-70 rifle cartridge has been around for more than 100 years, and it's still popular with hunters.  How has it stayed relevant this long?Gun Talk 07.19.26 Hour 3Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  All-copper bullets for hunting aren't new, but they are now being widely accepted.  Jeff Hoffman from Black Hills Ammunition reveals what he has learned in their ballistic lab.--  The ban on AR-15 rifles in New Jersey had been crushed by the Third Circuit.  Mark Smith from the Four Boxes Diner does a deep dive into the decision and what it means.--  Realistic preparation for hunting seasons.Gun Talk 07.19.26 Hour 1Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  Alan Gottlieb, founder of the Second Amendment Foundation, explores a half-century of gun rights avtivism and where we are today.--  How can gun owners get in front of the major issues and why just saying "NO" isn't a solid plan.  Chris Cheng beings a different perspective.--  In the debate about 9mm versus .45 caliber pistols, there's a smaller camp of shooters who take the middle ground with the .40 S&W cartridge. Gun Talk 07.19.26 Hour 2Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Episode 299-AG Attacks Gun Shows Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 13 Gun Lawyer — Episode 299 Transcript SUMMARY KEYWORDS Gun Lawyer, Second Amendment, Jimmy Stewart, Lee Marvin, Charles Bronson, Ghost Guns, Pennsylvania gun show, Civil Complaint, New Jersey gun laws, Second Amendment Section, DOJ, Gun Control, Red Flag Laws, Gun Owner Faux Pas. SPEAKERS Speaker 2, Teddy Nappen, Evan Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:19 and I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. So, Teddy, I think you have a very interesting news bit to tell us about, and I have some very interesting thoughts about it. Go right ahead. Teddy Nappen 00:36 Well, first I want to say, Dad, if you’re just scrolling through, I love the random trailers that just pop up. Apparently, they’re making a Jimmy Stewart biopic. Evan Nappen 00:48 Well, Jimmy Stewart was a great man. Teddy Nappen 00:50 But here’s the deal. They’re focusing on his military career, where he was a combat pilot. Evan Nappen 00:56 He was a hero. He was a bona fide hero, and he served his country tremendously. I have nothing but respect for Jimmy Stewart. Teddy Nappen 01:12 I was pulling it up. He flew 20 missions in Europe, and he reached the rank of Colonel. He was a World War Two pilot commander, combat pilot. Evan Nappen 01:22 And this was in the middle of his movie career. He left. Page – 2 – of 13 Evan Nappen 01:26 He left his movie career to fight for America. Let that sink in. I mean, do you think these selfish movie stars, self-centered, would even think of doing that? Even think of doing that today? Please. At least not the overwhelming majority. Maybe there’d be a few that are out there that actually would consider such a thing. But good grief. Talk about old Hollywood and new Hollywood. Jeez. Teddy Nappen 01:26 Yeah. Teddy Nappen 01:57 I will say. I would have. This is no dig against Jimmy Stewart because it’s one of those I would have wanted if they’re gonna do any of the actors that served. I would love for them to do Lee Marvin. His whole story. Evan Nappen 02:10 Oh, Lee Marvin was great, too. Teddy Nappen 02:13 Where he has the craziest career, too. He was a scout sniper, 21 amphibious assaults, horribly injured and shot up. Evan Nappen 02:23 Yeah, they could just do a series, like a mini series of actors who were the real deal. That played tough guys, but were actually the real deal. You know, Charles Bronson was. You had the guy, Christopher Lee. Holy crap, Christopher! Teddy Nappen 02:44 Oh yeah, Christopher Lee. He was Wiki page. Evan Nappen 02:51 I mean, Christopher Lee was advising on the movie and saying that’s not how a knife sounds when you jam it into somebody. You don’t have the sound right on that. That’s not how it goes. It’s not what the sound the person makes. It’s not the sound the knife makes. I mean, that’s some pretty detailed knowledge right there. Teddy Nappen 03:07 If you’re ever bored, just click on the random page on his bio, and it gets crazier and crazier. Like, witness the last guillotining. Evan Nappen 03:18 I know. The guy’s amazing. Yeah, and of course, there’s always Audie Murphy, of course. Teddy Nappen 03:25 Yeah, of course. Page – 3 – of 13 Evan Nappen 03:26 Audie Murphy played himself in “To Hell and Back”. Audie Murphy is amazing, and he would be like one of the last guys if you looked at him to think that he’s one of the most decorated soldiers of the war. But he was also amazing, and you know, he made lots of other movies, too. Even though he’s most famous for “To Hell and Back”, but he did a lot of westerns and other things. Teddy Nappen 03:52 I remember one of the underrated ones. I think it was like “The Duel at Silver Creek”. There’s moments where he’s actually like, he plays an anti-hero type where he’s like. Evan Nappen 04:03 Yeah, a bastard, frankly. A son of a bitch. Teddy Nappen 04:05 He plays like a. Evan Nappen 04:06 Yeah he’s good. Teddy Nappen 04:07 Yeah. Evan Nappen 04:08 Not what you think of Audie Murphy. Teddy Nappen 04:09 Right. He plays like the tough guy. It is very interesting that character but. Evan Nappen 04:14 Yeah, yeah. And then he ended up dying in a plane crash because the pilot shouldn’t have been flying apparently, and you know, it’s a shame that we lost him. But yeah, he was great, and I mean he came from really, really humble beginnings. I mean dirt poor, crazy beginnings there for him. We’ve many of the great Hollywood actors who served their country really admirably. I mean even Scotty (James Montgomery Doohan), you know, from Star Trek. He was also a defender. Teddy Nappen 04:17 What was he in? Evan Nappen 05:03 Oh, he was military. I don’t remember exactly his background, but he was in some tough situations. He was known. Teddy Nappen 05:08 Page – 4 – of 13 Well, he was miracle worker. Evan Nappen 05:10 There’s so many of those guys, and I have a hard time trying to think of any modern actor that can maybe give that credibility to. I don’t know. Can’t think of any at all. Teddy Nappen 05:24 Unfortunately, I’m drawing a heavy blank because. Oh wait, no, no, no. Adam Driver. Adam Driver. I believe he’s the guy that played Kylo Ren. He did. I believe he was in the Marines. But he was a veteran. So, but anyways, one thing I will say as we were reviewing these stories, I love how the Attorney General has their own YouTube and they were just like streaming alerts and announcements. “Attorney General Davenport Files Civil Complaint Against Pennsylvania Gun Show Owner for Endangering Public Safety” (https://www.njoag.gov/attorney-general-davenport-files-civil-complaint-against-pennsylvania-gun-show-owner-for-endangering-public-safety/) So, that was what came up with the ad for Jimmy Stewart, and then there was this. Evan Nappen 06:08 Right. Showing a pretty good contrast. So, Davenport has filed this complaint against the Pennsylvania gun show owner for “endangering public safety”. They filed because they’re abusing the civil lawsuit. You know, this is one of the anti-Second Amendment ploys of trying to litigate the Second Amendment out of existence. And so, what they’ve done here is they’ve gone after Jordan Vinroe of JSD Supply and Eagle Shows. So, if any of you have ever gone to the great Pennsylvania gun shows, you know, they’re really good. Because first of all there aren’t any gun shows of any kind, really, in New Jersey. There’s some militaria shows, but there’s no gun shows. But Pennsylvania is, if you’re in New Jersey and you want to hit a really great normal type gun show, you go to Pennsylvania. And some of the largest, best shows are put on by this promoter. Teddy Nappen 07:24 The one that comes to mind, the Bloomsburg gun show. I think that was one we had gone to. Teddy Nappen 07:29 Yeah, Eastern Gun X. Eastern Gun X. Evan Nappen 07:29 Well, they have a whole series of shows. I believe they actually do some of the largest shows in Eastern Pennsylvania. Evan Nappen 07:30 So, they do some of these 1000 table, 2000 table, these really huge shows. And what happened is they’re going after him, claiming he is intentionally and unlawfully selling to New Jersey residents kits and parts to make ghost guns. Untraceable firearms that are illegal in New Jersey. So, what is this really? This really is a pretext to go after gun shows. This isn’t really about the ghost guns. That’s just their vehicle. This is really about trying to stop gun shows. If you go after gun show promoters, this becomes the idea of civilly litigating out of, essentially out of existence. If they can do it, they’d love to Page – 5 – of 13 do it. Gun shows. So, we really have not just a violation of the Second Amendment, where what’s going on in Pennsylvania is completely lawful in Pennsylvania. Ghost guns are the pejorative term for simply a privately-made firearm. Americans have been making their own guns since before we were even officially a country. So, private firearms are not the boogeyman. But, of course, they give it the boogeyman name of “ghost guns” and then claim they’re untraceable. Evan Nappen 09:14 Well, you know what? You tell me what firearm tracing has actually done to fight crime. Virtually nothing. It’s a lie that is perpetrated to give them a vehicle to make it look like they’re doing something about crime, which isn’t it, but more so to continue the agenda of oppression of Second Amendment rights. And here it is an attack on gun shows. That’s really what’s going on here. It’s not, you know, ghost guns, most gun. It ghost guns. Come on. First of all, anyone can build a gun with or without parts that you buy at a show anywhere. You can build a gun with pipes that you buy at Home Depot. Are we going to go after Home Depot because you can make slam bang shotguns easily, as we taught in the Philippines to do? Americans did that. You can. Evan Nappen 10:20 You know, “American Guerrilla in the Philippines”, a famous book, movie, etc. What do you think they made? Slam bang shotguns. You take two pieces of pipe. One pipe fits in the other. On the end cap of the larger pipe, you have a nail with the point facing down the pipe. The other one slides in it like a trombone. You put a 12 gauge shell in there, and you slam it down. And bang, off it goes. It’s called a slam bang shotgun. Sometimes called four winds shotgun. Teddy Nappen 10:55 Didn’t you? Evan Nappen 10:58 Yeah, I mean this is, and this is even in the Frankfurt Arsenal, the famous “Black Books”. They’re very easy. Evan Nappen 11:06 So, yeah, making a gun. They make guns in jails. They can make a gun. You can make them. So, this whole thing about privately made firearms and all is just a load of crap. Now, Jersey has banned “ghost guns” in a multiple ways. They talk about “unserialized firearms”. They talk about “manufacture of firearms”. They have different laws that address each of these things. All putting it under this category. And yet, under federal law, it’s not a problem to make your own firearm. Federal law even has regulations for if dealers get a privately made firearm, how to handle it and be able to actually lawfully sell it. They need to then take certain steps. We don’t have to get into that now. But it’s not a problem under federal law. It is a New Jersey, in this case, law that they’re attempting to use as a vehicle to bring the civil action against Pennsylvania. Something jurisdictioned in Pennsylvania, by claiming, oh well, you’re unlawfully selling to New Jersey residents. Teddy Nappen 11:06 Poor man’s James Bond? Page – 6 – of 13 Evan Nappen 12:23 Well, I’ll tell you what. How about we take a look at marijuana sales in New Jersey? Do Pennsylvania residents come into New Jersey and ever buy marijuana? Look, marijuana is unlawful for recreational use in Pennsylvania, and it’s federally prohibited. It’s still a federal controlled, dangerous substance. So, New Jersey acts to aid and abet and facilitate one of the largest unlawful drug distributions in the country. Whereas privately made firearms are not a federal prohibition. Not a federal prohibition. Should Pennsylvania sue New Jersey because of somehow Pennsylvania residents buying weed in New Jersey being facilitated by New Jersey? I mean, this is what they’re attempting to do. And yet here, not only is it not a violation of federal law, but it is really an attack on Second Amendment rights. And let me tell you that. Go ahead., Teddy. Teddy Nappen 13:30 I will also point out in the article. This is where the little trick is. If anyone ever listens to these people, they always do this trick where they start with a false premise when making their argument. “Ghost guns are frequently recovered at crime sites in New Jersey. Recent reports suggest that the number of ghost guns recovered in crime scenes increased eightfold between 2019 and 2022 — from 55 in 2019 to 433 in 2022.” Pause right there. I wonder. What happened around that time period where it caused people to want to have their own privately-made firearms and want to maybe 3D print and make their own? I wonder what little factor would have considered that. Secondly, all right, now show me the data of the amount of firearms recovered generally in crimes, and give me the percentage breakdown. Oh, it’s probably in the minuscule amount of percentages of firearms seized in New Jersey for crimes. Huh? I wonder. So, this isn’t that much of an epidemic, but we can’t show that, obviously. We won’t show that data. They just list off guns seized. Evan Nappen 14:43 Teddy, we are in a new day and age because of President Trump. And one of the things that President Trump did is actually create, through the Justice Department. They actually created in the Civil Rights Division of the U.S. Justice Department, the Second Amendment Section. Now let me tell you what the Second Amendment Section of the Civil Rights Division of the Federal Government Department of Justice. Let me tell you right from their website. (https://www.justice.gov/crt/second-amendment-section) The Second, Fourth, and 14th Amendments, the Police Patterned or Practice Act, and Executive Order 14206 protecting the Second Amendment rights, secure the natural firearm rights of law-abiding citizens, and ensure that such rights to keep and bear arms will not be infringed. The mission of the Second Amendment Section is to ensure that law-abiding citizens may responsibly possess, carry, and use firearms. The Second Amendment Section will work diligently to investigate law enforcement agencies that engage in a pattern or practice of infringing on law-abiding citizens’ Second Amendment rights. As well as be proactive in searching for litigation opportunities to secure such rights. Evan Nappen 16:19 The Second Amendment Section will also seek opportunities to advance a broad interpretation of the Second Amendment via statements of interest, motions to intervene, amicus briefs, and original lawsuits where applicable on behalf of Americans across the country. All attorneys within the Second Page – 7 – of 13 Amendment Section will advocate with zeal on behalf of the United States of America in furtherance of all objectives as tasked. And there, right at the website, at the Civil Rights Division, U.S. Department of Justice, the Second Amendment Section. You can go right online to that. We’ll have a link in the transcript. It says Section Information. Acting Chief Barry Arrington. “Report a civil rights violation.” So, listeners, if you see or hear or know of any civil rights violations on the Second Amendment, report them. Report them to the Federal Department of Justice. Evan Nappen 17:28 I think this is something that the DOJ should consider going on in New Jersey. Where you actually are seeing an effort to go after gun shows, which is our freedom of association, which is our ability. You know, if you can’t buy guns, then you’re not going to be able to possess and carry something you cannot obtain. Second, ghost guns are not a violation of federal law. Third, this is talking about interstate issues. This is New Jersey and Pennsylvania. What could be more squarely within federal jurisdiction than one state going after activities in another state because the state that is going after them has laws that infringe on the Second Amendment and trying to enforce it in another jurisdiction via this mechanism of being able to abuse civil laws. So, there is potentially a solution here. And not only just about what New Jersey is doing here, but what New Jersey does across the board in so many ways of oppressing our Second Amendment rights. Evan Nappen 18:58 Now, this Second Amendment Section has done a number of things already. They sued California to halt the Glock ban. They sued Virginia over their unconstitutional weapons ban, assault firearm so-called ban. They sued them. They opened an investigation, by the way, into Philadelphia Police Department’s unconstitutional permit revocation process. They’ve sued Colorado for their ban on so-called assault firearms and magazines. They sued the District of Columbia for their ban, and they’ve gone after the Virgin Islands Police Department for unconstitutional practices in effective denials of permits. That’s just a sampling of what the Civil Rights Division of the U.S. Justice Department is doing in the Second Amendment Section, and it’s time for New Jersey to be investigated. Because this has gone on for far too long in New Jersey. Our Second Amendment rights being trampled by New Jersey trying to do everything in its power to oppress Second Amendment rights. So, check it out, folks, and you will see that this is what happens when we say elections have consequences. Because this goes back to President Trump putting out his Executive Order, and you also have the Attorney General putting forward that they have their Second Amendment task force and setting up the Civil Rights Division. So, we can change how business is done. Evan Nappen 20:52 Because prior to this, the Government, even the federal Government, took at best a neutral position, but normally there was no infringement that was too much as far as federal enforcement. No problem. Turned the other, you know, turned away from it. Couldn’t care less. Those are no longer the days today, and this is where a wake-up call needs to come out on our Second Amendment rights. Let me tell you. Go ahead, Teddy. Yeah. Teddy Nappen 21:32 Page – 8 – of 13 Well, I was going to say. I was able to pull up Everytown’s research. (https://everytownresearch.org/report/gun-trafficking-crime-guns-new-jersey-data/) In 2023, New Jersey’s law enforcement seized 4,619 guns. So, going off of the data that the A.G. put out, that’s 9% of those firearms were “ghost guns”. Nine percent. It’s even less from those numbers. It is the level of insanity that these individuals pull. They’re just making a boogeyman out of something. That’s why. Evan Nappen 22:06 They’re the boogeyman and a pretext to try to assert their agenda. It’s really what we’re talking about here. Absolutely. Well, let me tell you about our good friends at WeShoot. WeShoot is an indoor range in Lakewood where Teddy and I both shoot. We love WeShoot, and so will you. They have the top trainers for New Jersey. They have the full array from novice to advanced. They have some just great training programs. You can get your CCARE certification there. That’s what you need in order to get your New Jersey carry. They offer CCARE courses. They also offer the ability to get non-resident permits in other states. So, if you travel, you can take care of that through WeShoot. WeShoot is a great resource. It’s a resource that we’re very lucky to have. It’s harder and harder to find places to shoot, and without places to shoot, you can’t do too much with your guns. And WeShoot is there for you. Take advantage of it. Evan Nappen 23:25 It’s a wonderful place. They’ve got a great pro shop. Great people, super nice, wonderful folks. They will bend over backwards to help you, and I’ve seen it firsthand. They’ve helped so many people to improve their skills, to learn about firearms, to learn the right way, proper way, how to be safe, how to be secure, and make sure that everything is done correctly. So that you don’t end up being a GOFU. So, check out WeShoot at weshootusa.com. That’s their website, weshootusa.com. You’ll be glad you did. Beautiful photography. They’re really first rate, and you’ll see why. They go the extra mile. Check out WeShoot at weshootusa.com. They’re conveniently located right in Lakewood, New Jersey. Easily accessible right off the Garden State Parkway. You can do it. Go over there, and you’ll say, “Wow, why didn’t I come here sooner? That’s weshootusa.com. Evan Nappen 24:44 Let me also shamelessly promote my book, New Jersey Gun Law. It is the Bible of Jersey Gun Law. You don’t want to be a GOFU. You need the book. It’s 120 topics, all question and answer. It’ll help guide you safely through the matrix of insanity called New Jersey gun laws, so that you can remain a law-abiding gun owner. That’s my purpose in writing it. You will see why it is the book used by lawyers, judges, State Police Firearms division, and beyond. If anybody who wants to know about New Jersey gun law, they always turn to New Jersey Gun Law by Evan Nappen. And if you want to get your copy, go to evannappen.com, EvanNappen.com. Order a copy, and you’ll have it within days. So, Teddy, what else do you have for us to discuss today? I’m going to toss the ball to you. Teddy Nappen 25:44 Well, as you know, Press Checks are always free. If anyone’s been watching the news or anything or seen all the push from the Left, the thing they keep trying to go back to is they’re trying to address the mail problem. That’s their actual quote from the election groups that they do. Where they’re trying to figure out how do we. Page – 9 – of 13 Evan Nappen 26:11 Is that Post Office mail or as in what is a woman, male? Teddy Nappen 26:16 You know. The white men, particularly, of the they have completely spurred off. One of the things that they’ve run into a foul, is you see this whole push where they try to reach issues, and they’ve gotten very, very quiet on the issue of firearms all of a sudden. Amazing, right? And even though you where you have like the James Talarico who’s still trying to tote gun control, but he’s trying to paint it off like, look, I’m for the Second Amendment. You know, I own a gun. All this. Evan Nappen 26:52 Oh, it’s the I’m for the Second Amendment, but. It’s always the but. Teddy Nappen 26:56 Always, but always, Evan Nappen 26:57 But we should ban guns. I’m for the Second Amendment. Teddy Nappen 27:01 But universal background checks, which will basically create a registry. Evan Nappen 27:07 But we should eliminate gun shows off the face of the planet. But we should ban any gun that’s over 12 inches long and call it an assault firearm. But ban any gun under 12 inches and call it a Saturday night special. Other than that, I’m for the Second Amendment. Teddy Nappen 27:23 Yeah, and you’ve been seeing that. Now you’ve noticed they’ve been losing a lot of ground to their “Democrat Socialists”. They’re just Marxists. If you look at the ideology of what they support, they are Marxists. Just go one to one. They are the same. They can’t dress it up any other way. So, I decided, you know what? Let’s see what’s on their page. What they actually feel about the Second Amendment. Because when it comes to Socialists now, they’ve kind of reached the they don’t know how to feel about firearms. They want to disarm the people because they believe in gun control, but they need arms for the revolution, always. So, it’s the gun owner dilemma for Socialists. Teddy Nappen 28:06 So, I go to their web page and what do I find? (https://www.dsausa.org/blog/the_second_amendment_is_a_threat_to_us_all/) This goes back to 2018, mind you. So, now they’ve gotten very quiet. “The Second Amendment is a threat to us All.” That is the opening title, and they still have it on there. This is their reaction to the Parkland shooting. So, America touts itself as being a meritocracy, and we laugh. But on firearm policy, it is truly need blind. No matter your age, race, gender, creed, or sexual orientation, your inalienable right to life is perfectly alienable to Page – 10 – of 13 keep guns pouring into public and private lives. Okay. Which is why we think the only way to guarantee that we dramatically reduce the acts of violence involving guns is removing guns from society. Pause. Logical fallacy alert, everybody! Ding, ding, ding, ding. Logical fallacy. Reverse Nirvana. If we got rid of all the guns, that would stop the crime. They always try to push that, and we have the oomph. Okay, yeah. Repeal the Second Amendment. That’s going to happen. This is from 2018. Nope, still haven’t done it. But they point to, I don’t know if you remember this guy Carl Rove? Evan Nappen 29:37 Oh yeah, Carl Rove, the pool shooter. Shooting at the pool? Yeah, yeah. After he’s anti-gun, but he uses a gun inappropriately even. Yeah, that guy, Mr. Hypocrite. Teddy Nappen 29:49 Well, they highlight his quote. The only way to guarantee that we drastically reduce acts of violence involving guns is to basically remove them from society. Well, okay then. Then they go through this whole twisted history where they point to the 1970s. NRA stopped being enthusiast group and became a defense industry lobby. Then the new blood came with the Gun Control Act of ’68, which aimed to restrict firearm ownership in response to the fears of the group. I love how they say this. The fears of the Black Panthers. Yes, that’s why the ’68 Gun Control Act was born. That was the only reason. They wanted to disarm the Black Panthers. No other reason of why they tried to push the ’68 Gun Control Act. Dad, do you remember that? What would you say from your view of what was the driver to the ’68 Gun Control Act? Evan Nappen 30:47 Oh my God! You know these people are just amazing, and as you see, they’re conflicted over their own platform. It's crazy, Teddy. Teddy Nappen 31:02 Yeah, and well, they go even crazier. They go through this twisted history of rights. They go through Heller, basically determining you know the rights infringed, and they use Scalia’s answer. In Scalia’s admission, if we repeal the Second Amendment, private citizens could still own guns. The right to do so is granted to them by God or the English, whatever you’d like. Both Brett Stevens and Carl Rover certainly wouldn’t mind. So therefore, we’ve rewritten the Second Amendment. They wrote an amendment. They actually wrote. They wrote their example, the 28th Amendment, Dad. Here we go. The 28th Amendment to the U.S. Constitution that they pushed for. The second article, the amendment of the Constitution of the United States, is hereby repealed. Okay, that gets to that. Two – manufacturing, transportation, importation into or out of any state, territory, or possession of United States delivery therein of a pump action, semi-automatic or automatic firearms is hereby prohibited. Three – article shall be inoperative unless it shall be ratified as the amendment to the Constitution by convention of several states, as provided by the Constitution within 10 years, the date of submission here off to the state by Congress. Well, they want a con con apparently. But just going back to that, banning pump action, semi-automatic and automatic firearms, removing that from the Second Amendment, Dad. Evan Nappen 32:33 Page – 11 – of 13 Okay. Teddy Nappen 32:34 You can have your gun, but they must be manually loaded. Evan Nappen 32:36 Couple things. Number one, the Second Amendment is not our rights. It’s a guarantee of our rights. The rights to exist, whether or not we have a Second Amendment. But the Second Amendment is a guarantee against the Government of infringing on those rights. So, what they’re saying is, we want to revoke the guarantee of your rights and replace it with a lame-ass guarantee that we’re rewriting that won’t do anything except give us the opportunity to walk all over your rights. So, that’s really what they’re saying. But the really interesting thing here is this proposal to repeal the Second Amendment is all the anti-Second Amendment gun rights suppressor folks are going to have left. Evan Nappen 33:23 We are on the path with the Second Amendment having been empowered by Heller, McDonald, and Bruen. And now we have Viramontes and Grant that, in my opinion, are going to absolutely crush assault firearm semi-automatic bans across the country. They are losing ground left and right. There are over 3,000 filed legal actions challenging gun laws. They are on the run. They’re losing, and they know it. The only thing they have left is actually what they’re asking for here, and that is to repeal the Second Amendment. We will never let them repeal the guarantee of our rights, and that’s what we must insist upon. These are our rights, and they’re guaranteed. We want that guarantee enforced. And now that they see the guarantee is finally being enforced, they cannot stand it. They are losing, and they’re going to continue to lose. Teddy Nappen 34:31 I will say, I love the ending to the article where the individual. We are aware non-white and marginalized groups whose rights are routinely violated by the police may view this both as restricting and their ability to protect themselves or causing unwarranted searches and harassments for the criminal justice. We in no way support any measure that would increase the scope and scale of police violence. This provision outlined in amendment would have universal application. So, in other words, don’t worry. This affects everybody. There’s going to be no racial discrimination about enforcing these laws, Dad. Huh? Right. Cut to what was it? John Petrolino’s article where he pulled the data? Evan Nappen 35:19 Yeah. Exactly what we’re dealing with in New Jersey. Where blacks are already more than two to one discriminated against in just permit issuance. So, yeah, we know where this is. It’s just absurd. Teddy Nappen 35:31 Well, they literally go with the “trust me, bro”. It’ll be we’re not racist. We’re just gonna ruin it. We’re gonna screw it over for everybody. Evan Nappen 35:38 Page – 12 – of 13 But keep in mind, this is laughable right now, but it’s actually not. This is going to be the push that we’re going to see. It’s going to be a major push to repeal the Second Amendment. Because it’s all they have left, and that’s what we’re going to see. That and abusing the tort system in any way they can – civil actions. You know, to somehow create these abilities for trying to litigate guns out of existence. That and repealing the Second Amendment. That’s what they’re left with on their game plan. We just need to remain vigilant. Teddy Nappen 36:16 So, bear in mind. I will say, bear in mind, they still push for red flag in the other articles they’ve had. They still push for all the required measures where you have to get everything registered, and they’re still for limiting, removing ARs and anything they deem unsafe or scary. Evan Nappen 36:39 I hear you, and this is so typical. But we’re winning. That’s what’s important. We’re winning. Except when there’s GOFUs. GOFUs, as you know, are Gun Owner Fuck Ups. That’s where gun owners make big mistakes that cost them, technically, it could cost them their career, their family, their fortunes, their freedom. It’s bad news. So, you want to not be a GOFU. And what we like to do here is talk about GOFUs so that you don’t become one. You get to learn for free what others have paid dearly for. Teddy, what do you think the GOFU is this week? You know. What are we talking about? Teddy Nappen 37:26 Well, for me, the GOFUs are always about “stop talking to the police”. Evan Nappen 37:34 Oh my G-d. Stop talking to the police! Like, you know, we talk about basics. It is so basic. Shut up. You know you have a right to remain silent. Now, whether or not you have the ability to, I guess, becomes another question. But you have the right, and you need to stand on your right. You need to ask for your attorney and remain silent. You need to stand on your rights. And over and over again, we see clients that blow that and end up making their situation incredibly worse, incredibly worse. Because not only does anything you say can and will be used against you. Anything you say will be twisted against you. The safest, best route every time is standing on your rights. It’s that simple. And let me tell you, folks, if you’re ever read Miranda rights, oh my God, shut the f up! If you are read Miranda rights, sirens should be going off. Fireworks should be shooting. Flags should be waved. Shut up! Anyone who talks after Miranda, I just can’t even understand. They’re warning you. They’re telling you. Oh, you just wave your right. Oh, you’ll just talk to them. What are those silly rights they’re telling me about Evan Nappen 39:04 I’ll tell you one of the problems is – television. Television has conditioned many Americans to giving up their rights. Oh, I’ll just talk to them. I’ll just explain it. I’ll just yak away. And you know what? You end up burying yourself. Over and over and over again. I see it. I cannot believe it. If you are ever across one of those metal tables, being interrogated by police, and you’re talking, you are the world’s biggest GOFU. That should never happen. If you’ve been read Miranda, that talking across that table that should not be happening. If you let that happen, you’re a fool. You are absolutely a fool. I can’t make it any clearer. Page – 13 – of 13 Evan Nappen 39:55 It reminds me of Jan Davis. I don’t know if you know about her. (https://www.cbsnews.com/news/parachutist-plunges-to-death/) She was part of a movement to allow the ability to try to legalize base jumping at national parks. At Yosemite, she jumped off of El Capitan. Now, she was a pretty experienced jumper, and she did this as a protest. She was wearing criminal stripes outfit. You know the classic black and white stripes of the classic prison outfit, right? And it was to make a statement, of course. But it’s really a statement here because she jumped off El Capitan, El Capitan, and it was in 1999 as a protest against the ban. She was trying to make a statement that this is safe and should be allowed. She jumped, and ended up going splat. That’s right. Her parachute didn’t open. She couldn’t get it opened, unfortunately. My understanding is she had used some other equipment instead of her own. She didn’t know where the pull was on this particular one, and unfortunately, she ended up just going splat. Evan Nappen 40:19 To me, Jan Davis jumping off El Capitan there is what happens when you are read Miranda and talk. You ended up in a big splat like Jan Davis. That’s what you do. And keep in mind, she was wearing that prisoner outfit when it happened. So, folks, stand on your rights. Don’t be a good a GOFU. Don’t end up splattering yourself on the gun rights oppression and insane matrix of New Jersey gun laws. Should you ever be put in that situation – shut up! Evan Nappen 42:09 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 42:23 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S5 E299_Transcript About The HostEvan Nappen, Esq.Known as “America's Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it's no wonder he's become the trusted, go-to expert for local, industry and national media outlets. Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It's Your Call with Lyn Doyle, Tom Gresham's Gun Talk, and Cam & Company/NRA News. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. Email Evan Your Comments and Questions  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";

Most red dots do one thing well. Leupold set out to do two — optical clarity and military-grade ruggedness — in the same package. Ryan Gresham sits down with Leupold Red Dot Product Manager Nic Kytlica to break down the new LCO Pro F2 carbine optic, why it took a dedicated team to bring it to life, and what makes it genuinely different from everything else on the market. Plus bolt guns vs. gas guns, red dot vs. LPVO, and hitting a thousand-yard target with nothing but a 1x red dot and 55-grain 223.This Gun Talk Nation is brought to you by Remington Ammunition, Archon Firearms, Shooting Sports Life, Silencer Central, Ruger, Range Ready Studios, and Colt.About Gun Talk NationGun Talk Media's Gun Talk Nation with Ryan Gresham is a weekly multi-platform podcast that offers a fresh look at all things firearms-related. Featuring notable guests and a lot of laughs. Gun Talk Nation is available as an audio podcast or in video format.For more content from Gun Talk Media, visit guntalk.com or subscribe on YouTube, Rumble, Facebook, Instagram, and X. Catch First Person Defender on the new Official FPD YouTube channel. Watch Gun Talk Nation on its new YouTube channel. Catch Gun Talk Hunt on the new dedicated YouTube Channel. Listen to all Gun Talk Podcasts with Spreaker, iHeart, Apple Podcasts, Spotify or wherever you find podcasts.Copyright ©2026 Freefire Media, LLCGun Talk Nation 07.16.26Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- How much is too much to pay for a gun?--  Carrying a heavy pistol can be hard on the back.  Many carry guns today are lightweight and much more comfortable.--  Gunsmiths have stories about a bag of parts being brought in.Gun Talk 07.12.26 After ShowBecome a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- Can you make a living as a gunsmith?  Doug Turnbull tackles that business question.--  He not only collects guns, but he names them.--  How many guns do you need? It's the wrong question.Gun Talk 07.12.26 Hour 3Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:--  Using AI to create promotions for state gun rights groups.  Anthony Segura of the New Mexico Shooting Sports Association tells how he does it.--  He found a very old gun in a smokehouse, and how he wants to restore it.--  Most don't connect the two, but Senator Lindsey Graham may be responsible for the Supreme Court taking key gun rights case since Graham got Justice Kavanaugh on the court.Gun Talk 07.12.26 Hour 2Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

In This Hour:-- A federal circuit court just ruled that a ban on AR-15 rifles is constitutional, even though the U.S. Supreme Court will hear that very subject later this year. Stephen Gutowski of The Reload sets the stage for where this part of the Second Amendment battle sits, and explains that bans on America's most popular rifle are on life support.--  You can buy a pistol for $500 or for $5000.  Some say there's no need for expensive guns, but others line up to buy them.--  What goes into expensive guns that makes them cost so much?Gun Talk 07.12.26 Hour 1Become a supporter of this podcast: https://www.spreaker.com/podcast/gun-talk--6185159/support.

Episode 298-NJ Assaulting Our Rights… Again Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer Transcript – Episode 298 SUMMARY KEYWORDS New Jersey gun laws, assault firearm ban, Supreme Court, Vera Montes, Grant cases, Assembly Bill 442, semi-automatic rifles, detachable magazine, draconian penalties, property rights, gun rights, sensitive places, reparations, We Shoot USA, gun owner mistakes. SPEAKERS Speaker 3, Teddy Nappen, Evan Nappen Evan Nappen 00:18 This is Evan Nappen. Teddy Nappen 00:20 and I’m Teddy Nappen. Evan Nappen 00:23 And welcome to Gun Lawyer. So, New Jersey is at it again. What, Teddy? Go ahead. What we gonna say, buddy? Teddy Nappen 00:31 Well, I was gonna say, you wouldn’t believe the stuff that they’re trying to cycle through on social media. They’re trying to now push the whole, “you’re afraid we’re going to take your guns away, and we’re afraid you’re going to take our children away. Which one is unfounded? Like it’s. Evan Nappen 00:53 Yeah! Which one’s unfounded, yeah. Well, being that the anties never give up, those that want to crush our rights and oppress us. New Jersey, of course, always has to lead the way on doing that. And so now, as we discussed last show, we’re all very excited at the Viramontes and Grant cases that are combined and have been granted certiorari by the U.S. Supreme Court. This means they’re finally going to get a decision out of the Supreme Court determining the constitutionality of so-called “assault weapon” ban. But what is New Jersey’s response when these things happen? They’re like the Iranians. When New Jersey makes their gun oppression policy, they act like the Iranians. They double down on threats. They double down on trying to convince us that they are just going to make life miserable for us, and they do it various ways. Evan Nappen 02:13 Their current response is essentially an assault firearm law radical enhancement. That’s right. So, here we realize that the entire concept of banning semi-automatic firearms is, my money is solidly on that is going up in flames. As we talked about before, this is finally, I believe, on the road to destruction. This whole political fight that has harmed so many good people. Ruined law-abiding citizens’ lives. Taken Page – 2 – of 11 their destroyed families’ fortunes, and taken away freedom and rights. This nightmare, I believe, is going to end. But it’s actually even more excitement over when that end might take place, that we’ll talk about in a little bit. In between, leave it to New Jersey to propose even more, even worse, even more draconian laws, particularly on the dreaded, intrinsically evil “assault firearms”. That’s right, New Jersey calls them “assault firearms”. Sometimes they’re called, in other jurisdictions, in federal law, “assault weapons”. Teddy Nappen 03:46 It’s a hoplosexual term. Evan Nappen 03:49 Yeah, you’re right. It’s a term that’s just concocted, so that they can make up lists of guns to ban and to make as far-reaching a ban to turn as many law-abiding citizens into criminals as they possibly can. So, New Jersey filed a new bill. It is Assembly Bill 442 . (https://pub.njleg.state.nj.us/Bills/2026/A0500/442_I1.PDF) This is New Jersey’s incredible doubling down on their assault firearm law, and I wanted to just go through with you. This law, because whether it’ll pass or not, who knows? Even if it does pass, this stuff I believe is going down in flames and will no longer be anything they can pass laws about. Dead. Gone. Done. Evan Nappen 04:50 Sort of like what happens when you enrage a bull elephant. You know, African elephants and Indian elephants are different. African elephants are extremely ornery, mean, tough. Republicans, you know, picked the elephant as their symbol. Sometimes I think about when we get the good elephant, when we get the African version of the elephant, and they actually do what’s needed. I think we’re going to see that here through the judicial system, which now has plenty of great judges, thanks to President Trump appointing conservative judges. The bull elephants of Africa, they do not just kill you. They eliminate you! They crush you and crush you and crush you until there’s nothing left. You can’t even be picked up with a stick and a spoon. That’s how much they disintegrate when they are riled up and attacking. I suspect that we are going to see the African bull elephant happen to this entire agenda of “assault firearm bans”. Evan Nappen 06:10 But until then, let’s look at what they want to do. Because if it doesn’t go that way, if it’s somehow upheld that these things can be prohibited and banned, and our rights can be walked upon in this manner, here’s what New Jersey is doing to the current “assault firearm” definition. Let’s actually look at what they’re saying. So, of course, we have the current law that we’re all familiar with. It has a list of 67 guns, and then they say “substantially identical” and that had never been effectively defined. We had case law that said “substantially identical” means the 1994 Crime Bill definition, which was amazing, since that was four years after New Jersey passed their law. How our legislators knew that an unconstitutional law would be saved by a federal law that was passed four years later, I don’t know. Somehow the court put that forward. We’ve lived under that for now. Page – 3 – of 11 Evan Nappen 07:08 But what they’re doing is they are now going to incorporate and define the specificity in the statute, the term substantially identical. By claiming that any of these above guns and platforms, you know, the 67 intrinsically evil semi-automatic firearms on that list, will now include under the term of “substantially identical” a semi-automatic rifle that has the ability to accept a detachable magazine. That’s step one. Any semi-automatic rifle that has the ability to accept a detachable magazine and has at least one of the following features. So, currently we have a two feature requirement. This is now any one of these features, and your semi-automatic firearm that takes a detachable magazine becomes contraband. Becomes banned. Becomes unlawful for you to possess with no lawful way of possessing it. There’s no grandfathering in this bill. Evan Nappen 08:20 If you’re caught possessing it, the penalty is so draconian it defies belief. It’s up to 10 years in State Prison with a minimum mandatory, mandatory, minimum three and a half years in State Prison, no chance of parole. If you get convicted of possession of an assault firearm, even right now in New Jersey, no less this expanded list that we’re going to look at in a minute, we are talking about the judge having no discretion whatsoever, and having to impose at least three and a half years in State Prison. And folks, if you have an assault firearm and you’re possessing one, if you get caught with it, you’re looking at that penalty right now. Hopefully we’re going to get all this won, and I honestly believe we will. But just in case it doesn’t, or if you get nailed before that happens, you’re looking at insanity in terms of a prison sentence. Evan Nappen 09:16 So how does this new definition with one feature? What are the single features that make a semi-automatic rifle that takes a detachable magazine intrinsically evil and must be banned at the second degree, felony level, where you’re looking at 10 years and a minimum mandatory three and a half in prison for just having any one of the following features? Number one, a folding or telescoping stock. Wow, you know how important a folding or telescoping stock is when it comes to fighting crime. I mean, a telescoping stock that moves one or two inches back or forth. I mean, that’s like an entire crime wave into itself, right? If you have that feature on your gun, you’re looking at the offense I just outlined. Teddy Nappen 10:09 Wasn’t there a case, Dad. Wasn’t there a case that you had where if you had a folding stock, it was deemed an assault firearm? Evan Nappen 10:17 Well, that’s exactly what it is. A folding stock or telescoping stock currently is, but wait. Teddy Nappen 10:24 Yeah. Evan Nappen 10:24 One feature, though – just one. Try another, a pistol grip. If you have any rifle semi-auto that takes a mag and it has a pistol grip, it’s contraband. It’s banned. You’re looking at draconian sentencing and Page – 4 – of 11 punishment for your possession. Even though you lawfully bought it from a dealer. Even though you had a firearms ID card and went through all the vetting, went through a NICS check. It doesn’t matter, doesn’t matter one bit. You’re going to State Prison. If it has a thumb hole stock, one feature, a thumb hole stock. That’s all it takes. It’s an assault firearm. A second hand grip or protruding grip that can be held by the non-trigger hand. A second hand grip. Every rifle has a forearm that’s a second hand grip. What are you grabbing it with? Your dick? No, this is outrageous. It’s stupid. It’s a hand grip. Well, if your semi-auto rifle has a hand grip, it’s an assault firearm. Evan Nappen 11:37 A bayonet mount. Oh my gosh, a bayonet mount. That’s because of all the drive-by bayonetings, of course. If you have a flash suppressor or a muzzle brake, if you’re just trying to tame recoil, it doesn’t matter. A muzzle compensator. A threaded barrel designed to accommodate. If you just have the threads on there. A flash suppressor, a muzzle brake, or a muzzle compensator. They want you having lots of recoil on your gun, lots of recoil. Can’t tame that recoil. They don’t want you to have any accuracy in your shooting or ability to shoot without muzzle rise. I mean, what the hell? Insanity. It doesn’t matter. A grenade launcher. Well, if you have a grenade launcher, that’s one thing. Having grenades, that’s another. And can you believe they want to prohibit us from having grenade launchers? What about all of us that go out grenade launching on the weekends? I mean, that really sucks, doesn’t it? Yeah. Evan Nappen 12:39 Then semi-automatic shotguns. Let’s look at shotguns. A semi-automatic shotgun that has any one of the following: a folding or telescoping stock, a thumb hole stock, thumb hole stock on a shotgun? I don’t know, maybe. I guess they’re out there. Who cares if it has a thumb hole? It doesn’t matter. Thumb hole stock. Maybe some of those trap guns have some of the interesting designs that we sometimes see. Well, they’re going to be an assault firearm under this bill. A second hand grip or a protruding grip held by the non-triggering hand. A second hand grip. Well, folks, if your semi-auto shotgun, and this just says semi-auto shotgun, it doesn’t have to be mag fed, so my friends, if your Remington 1100 or you’re Remington 1187 or you’re Benelli or you’re Browning, you’re A5 or your standard good old reliable semi-auto shotgun that you inherited from your grandpa, if it has a forearm on it. Gee, I don’t think I’ve ever seen a semi-auto shotgun that doesn’t have a forearm on it, where you grip it with your hand, that shotgun becomes an “assault firearm”. Evan Nappen 12:58 What are they doing with pistols? A semi-automatic pistol that has the ability to accept a detachable. magazine and has at least one of the following. So, basically every semi-automatic pistol that uses a detachable magazine, which is, oh, maybe 99% of all pistols, right? Hence, what semi-automatic pistols are, which are, except for some exceptions, a few exceptions, they’re magazine fed. I know the Keltec uses the stripper clip deal into a fixed mag. Maybe you have an old broom handle that uses a stripper clip into a fixed mag, but short of that, just about every pistol out there immediately has the ability to accept a detachable mag. And if your pistol has a folding or thumb hole stock, and of course they’ll view a pistol brace as that, because New Jersey can interpret it their own way. A thumb hole stock. A second hand grip or protruding grip that can be held by the non-trigger hand. There are, of course, Page – 5 – of 11 larger revolvers, some that utilize even a form of a horizontal forearm. We’ve seen different grips that can go on other types of pistols. Evan Nappen 14:07 So, attention all fuds. Attention all fuds who think, who cares about “assault firearms”? It doesn’t affect me. Well, guess what? All your semi-auto shotguns with forearms become assault firearms overnight, if this bill gets signed into law. A fixed magazine capacity exceeding six rounds. The ability to accept a detachable magazine. So, if you have any semi-auto shotgun that uses a detachable magazine. It doesn’t matter how many the mag hold. If it can accept a detachable mag, it’s instantly an “assault firearm”. Teddy Nappen 16:22 Isn’t there a mod you can do for Desert Eagles? Evan Nappen 16:24 Sure. There’s all that stuff out there. You’re right. A capacity, now, here’s this. It’s just absolutely weird. Listen to this. A capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip. So, if your pistol can hold, outside of the pistol grip, an extra magazine. It doesn’t mean that the magazine has to actually function. But if you have a handgun that has some capacity to hold an extra mag, then that’s an “assault firearm”. If your pistol has.. I don’t even.. I guess there are some.. Teddy Nappen 17:10 I think they’re referring to, you know, when you tape mags together, sometimes. Evan Nappen 17:14 I guess. Well, I don’t even know if that’s possible on a pistol. Or if you have some type of magazine holder that is somehow attached to a gun. I don’t even know what they are referring to. Maybe the Roneys. You know, where your Glock goes in the Roney, and you can have an extra mag up there that you can just grab. I don’t know. But if it can do it. Here’s a great one. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencers. Oh, a threaded barrel. So, now, because your pistol has a threaded barrel and you just want to have a compensator on there, or extra barrel weight. Single feature. It’s an assault firearm. Evan Nappen 18:01 Any handgun with a manufactured weight of 50 ounces or more, when the pistol is unloaded. And then thrown in, I guess, for laughs, is a semi-automatic version of an automatic rifle, shotgun, or firearm. A semi-automatic version of an automatic. So, what are semi-automatic versions of full automatic firearms? Well, that’s going to now include, well, obviously your semi-auto Thompsons that are legal. They’re going to be illegal. Any semi- automatic. Then the entire class of ARs, right? That, of course, will fall under that. So, this isn’t even handguns. That’s just as a general catch-all that it’s any semi-auto. And most semi-autos are versions of what are otherwise full auto or select fire guns. Just about every semi auto rifle out there, you know. Very few that aren’t that. I mean, you may find some exceptions, but good grief. Look at the stroke of coverage. That isn’t even a feature bill, that isn’t even a feature bill. Page – 6 – of 11 Evan Nappen 19:23 Even if you have a semi-automatic rifle that used any kind of magazine. It doesn’t have to be a detachable magazine, anything, or a semi-automatic version of an automatic shotgun, rifle, or firearm. Wait a minute. Broom handles that we talked about not having a detachable mag would seem to be legal. But under this new bill, now they’re illegal, because broom handles also had a happy switch at a certain point. And a semi- automatic version of it is now going to be flat out illegal, even though it doesn’t use a detachable magazine. So, you can see how far back and how far reaching and how broad this insanity is. Teddy Nappen 20:12 Wouldn’t it also meet the weight category? Didn’t they say, like, what is it, 50 ounces or something? Evan Nappen 20:18 No, I think it’s under on that, but look, I’m not sure. I haven’t weighed a broom handle in a while, but hey, it could be. The bottom line, folks, is this is what they see as important to do. They see this as something that has to get done to us. To turn us all into criminals. Doubling down facing what is going to happen in the courts, and that’s where I really want to tell you. As crappy as this bill is, as insane and stupid as this bill is, the bottom line is we are positioned beautifully for the death of this insanity, finally, finally. And that’s not just because of Viramontes and Grant being decided by the U.S. Supreme Court, but our own cases that are currently in the Third Circuit Court of Appeals with the en banc panel. We’re going to see decisions coming out both on “sensitive places” and on “assault firearms”, and we’re going to see those decisions before we even see the Supreme Court rule in about a year on “assault firearms”. I believe within the next few months. Because we have a panel that appears to be one of the most respectful of the Second Amendments of any appellate circuit federal court out there, I believe we’re going to see our New Jersey suffering end sooner than even the Supreme Court’s death knell that should happen in June 2027. So, we have a lot to be positive about. The positive is this is really positioned to finally be crushed like a bull elephant smashing its prey into absolute oblivion, and I’m gonna be extremely happy when that day comes. And after that, my friends. Go ahead. What, Teddy? Teddy Nappen 22:30 Well, I’m just kind of thinking back to when you were starting off, Dad. Think to the New Jersey for the assault to the assault weapon ban, the original assault weapon ban, where that came into play, just thinking along lines of like what were the what was the arguments, and like what was the things they used as their tactics. Evan Nappen 22:50 Well, I can tell you, folks, the history. Back in late 1989. I actually become attorney in 1988. They passed the bill that became effective in May of 1990. New Jersey’s assault firearm ban. And I remember back then we did not have the Second Amendment established by Heller and McDonald and Bruen. We did not have the test of constitutionality with the historical analog requirements, etc. We did not have any of that. We didn’t even have a court declaring that the Second Amendment was an individual right. We all knew that it was a violation then of the Second Amendment, because we all knew what the Second Amendment meant. But we didn’t have the juice. The case law didn’t exist. Page – 7 – of 11 Evan Nappen 23:48 So, our approach at the time, which was initially successful, was going at the vagueness of the statute itself, which worked in Merrill. That’s how New Jersey’s law evolved when they brought the federal case over that. But we had arguments then, and it did turn thousands and thousands of citizens into criminals. and still does to this day. Looking now, years later, 30 plus years now later, we’re finally going to see the end of it. It’s been a long time coming, but we will win this. It took a long time, but what we’ve established in getting to this point will protect freedom for generations. And that’s something I’m proud of, because I was a small part of that. All of you that have fought for our rights are all part of it, and we’re seeing history right before our eyes. Evan Nappen 24:58 But you’ve got to know, you’ve got to understand that this law has been devastating to so many people. It has destroyed and harmed. It has caused far more harm than any firearm has actually caused in terms of the absolute destruction to law-abiding citizens. When you look at how small the numbers are for deaths and such from these particular guns, it’s minuscule compared to just how many people have suffered. And that’s why, my friends, after we get this victory, I want reparations for gun owners. That’s right. Reparations for gun owners who suffered under New Jersey’s tyrannical laws that destroyed, harmed, and took away rights. Listen, reparations here, we have real victims that are alive today, not generations ago. Alive now that have paid a price for this insanity by New Jersey, and they deserve reparations. We’ll be talking more about that after we destroy this horrible, most horrible of infringements. Calling it an infringement, actually, is almost doing it a disservice. It’s an atrocity, an atrocity passed by New Jersey. So, stay tuned. These are good times. I’m extremely cautiously optimistic for us, and you should be as well. Evan Nappen 26:43 Hey, let me tell you about our good friends at WeShoot. WeShoot is a range in Lakewood, an indoor range. It’s the range where Teddy and I love to shoot. It is a fantastic resource. You will love WeShoot. Many of you already shoot there. They have great training. They have great pro shop, and they can get you equipped. They can get you everything you need, so that you can stay sharp, focused, trained, and practiced with your gun,. Because if you don’t shoot your gun, what good is it? You’ve got to keep the skill set and keep your training. Make sure you’re on it. It’s super important. WeShoot is a great resource, right there in Central Jersey, conveniently off the Parkway in Lakewood, New Jersey. You can go to weshootusa.com. They have a great website. We love WeShoot, and so will you. Their training is first rate. Get your CCARE certificate so that you can get your carry. You can get advanced training or basic training. You can have the most fundamental. If you have someone in your family who doesn’t know a thing about guns, they can get their start the right way at WeShoot. If you have someone, maybe even yourself, that’s really advanced and want top of the line advanced training, they can provide you with those services there, too. They’re the best. So, check out WeShoot at weshootusa.com. Evan Nappen 28:29 And while you’re at it, make sure you get a copy of my book, New Jersey Gun Law. It is the bible of New Jersey Gun Law. It’s a book everybody uses, judges, lawyers, firearms division, you name it. It’s Page – 8 – of 11 the guidebook to help you from becoming a GOFU. You don’t want to become a GOFU and that’s one of the best ways of avoiding it. Knowing the insanity of New Jersey so you don’t get caught up in the traps that they lay for law-abiding gun owners. So, they cannot turn them into criminals, and then shout to the stupid general public to make it look like they’re doing something about crime when it has nothing whatsoever to do with it, except destroying their counter voter constituency. That’s the reality of what they’re about. So, be smart. Get a copy of my book at EvanNappen.com. Go to EvanNappen.com and get your copy today. Teddy, what else do you have for us? Teddy Nappen 29:33 As you know, Press Checks are always free, and there’s something that seems to be coming up more and more. As we know, the Left on their last legs when it comes to their attacks on our rights, particularly with the victories that we’re having, and the ones that we’re going to have in the Supreme Court, all the challenges. But I will give them credit as they get more and more creative and look for other ways to abuse. So, this goes back a year ago, and this was from Gun News Daily. This is under Platkin from the Office of New Jersey Attorney General. (https://gunnewsdaily.com/n-j-offers-free-decals-for-gun-free-zones/) They were offering free gun-free zone decals to establishments wishing to register as designated gun-free areas under the sensitive places law. So, they were actually trying to disarm you in the best way they can. Just getting a bunch of individuals who have their property, any place, storefronts, whatever, and say no. No guns allowed. Don’t defend yourself. And this brings into an issue that I find important. It is a clash of rights, where it is the argument of property rights versus our gun rights. And look, we’ve seen the abuse of property, where you have people coming on to it. You see the squatter issues, and you see many on that end. But when it comes to gun rights, which is our civil right, it’s something that I think is going to come to blows eventually, and I think this needs to be handled. Evan Nappen 31:06 Well, particularly after the Hawaii case, where now the vampire rule is unconstitutional. We’re going to see more regarding sensitive places when the Third Circuit Appeals decision, which should come out shortly on with Koons. The Koons decision on New Jersey’s sensitive places, and I’m excited to see what the panel has to say. But you’re right, Teddy. What they’ll try to do is they’ll try to pit property rights versus gun rights, and they’ll try to still encourage private entities to put up ” gun” signs. This way the clash between property rights and gun rights has to get figured out, because yeah, we have the Hawaii case that talks about places open to the public where the federal government cannot make a law regarding that. Evan Nappen 32:04 But a private entity still has the ability over their private property to decide who can go on it. So, they can say no shoes, no shirt, no service. They can say no animals, no whatever. There’s different things property owners, you know. But the line gets drawn over race because of civil rights. You can’t say no blacks or no Jews or no Hispanics. You can’t do that, but you can limit other things on your property. So, I believe strongly in property rights, and I also believe strongly, big surprise, in gun rights. But what happens is many times with rights there’s a clash of rights. Property rights and gun rights may have a clash here if a property owner doesn’t want guns on their property. Where do we draw the line? Does my right under the Second Amendment, my fundamental, God-given right to defend myself with the Page – 9 – of 11 most effective means, does that right that I have to do that, which is a right 100% established, no question about it. Does that right override or supersede a property owner’s property rights? And that’s where the antis will play that game. They’ll try to get property rights made superior to gun rights, but in reality, that should not be the case. It should be the opposite. Gun rights should be put on the very same plane as civil rights. It is a civil right, and I mean in the same way that you aren’t allowed to exercise racial discrimination, you also cannot discriminate against individuals that are exercising their Second Amendment right, their individual right to keep and bear arms. It belongs in the same class. Teddy Nappen 34:09 Just to go into, like, where the test would be needed for when it, if the Supreme Court ever took a case on this. Basically it would acquire the equal protection clause to where that falls into the category of strict scrutiny, where we’re in the grouping where it’s like you cannot discriminate race, religion, creed, and gun owner, effectively, where you well kind of like. Evan Nappen 34:31 I don’t know. I don’t know if that is a test that will be utilized or not. Because if it’s gun rights, then we have to go back to that historical analog, but when it comes to property rights and how far you can assert it, it’s somewhat of an open question. I can tell you this. Any business stupid enough to put a sign out there that no guns are allowed. So that you are effectively disarming every one of your customers. Get ready to get your ass sued off when a crime occurs in your place of business, and you disarmed the defender who could have otherwise defended themselves. You want that lawsuit? Because that’s what you’re going to get. That’s exactly what you’re going to get. So, think real hard before you put up a “no guns allowed” sign, because the “no guns allowed” sign is also saying sue me if a crime occurs here, and you couldn’t defend yourself. That’s also what that sign says, just not in writing on it. Teddy Nappen 35:37 Was there a case where someone was forced to disarm, and they were either shot or injured because they were disarmed? Evan Nappen 35:47 I believe there have been, but I don’t have them right at my fingertips. But I’ll tell you what. I don’t see a problem with that cause of action. I don’t see a problem because there is tort action in New Jersey called failure to provide adequate security. So, businesses have a duty to provide adequate security. If they ban someone who has a carry license from carrying a gun and protecting themselves, and they have a duty, which they do have, to provide adequate security, then I can well see an excellent civil lawsuit taking place under their duty to provide adequate security. In fact, making the premises less secure by taking away not just a permit to carry holder, but a trained permit to carry holder. And why do I say they’re trained? Because training, my friends, is part of getting your carry permit, isn’t it? In the Carry Killer law, what do they require? CCARE. You’re trained. Trained in what? Use of force. When you can and can’t shoot. Trained in what? How to shoot safely. You must pass and qualify. So, they are stopping state-qualified individuals who have a permit to carry from lawfully defending themselves, and then failing to provide adequate security to those people who they mandated disarm themselves. Good luck with that civil suit. Dumb ass business for putting that sign up. Good luck with that. Page – 10 – of 11 Teddy Nappen 37:34 I’m still waiting on New Jersey trying to force the where they require that class. I remember it was EveryTown was running those stupid classes for training them up for firearms, and it was just a long propaganda wing that they just go through all their talking points. There was barely any knowledge being taught in actually handling the firearms. I’m waiting for New Jersey to force you to take that particular course, so I guess that’d be another abuse to that as well. Who knows? Evan Nappen 38:07 And then those will be challenged too, but the good news is we’re making tremendous progress. I believe really great things are soon on the way here, and I mean within reach. It’s going to be great. But in the meantime, we still have GOFUs taking place, Teddy. We have Gun Owner Fuck Ups. GOFUs, as you know, are expensive mistakes that clients and others have made, and I want to always advise my beloved listeners, about these GOFUs. So that you can learn for free the mistakes that others have made. One of the GOFUs that we see a lot, and I mean a lot, folks, is not knowing what’s in your handbag. Not knowing what’s in your suitcase. Not knowing what’s in your briefcase. When I say not knowing, I mean forgetting that your gun is there. You may think, why would I ever forget that my gun is there? But oh my god, we get the airport cases. We get the folks that are visiting historical places where they have screening. We get cases where people are going to amusement parks. We have all these sporting events, entertainment events, etc. And they’re bringing their backpack, or they’re using a range bag or something that they had used to go to the range or something. Where they had traveled with a gun, and forgot. Evan Nappen 39:43 Folks, be extra careful. Just like Press Checks are free, it’s absolutely free for you to thoroughly and completely empty your purse, empty your bag, empty your suitcase, empty your briefcase, check every pocket. Make sure it’s empty, and then put in what you need. Make sure that you’re not carrying by accident a gun, a magazine, or ammunition. I’ve seen it all, and these things lead to criminal charges. Often they lead to you facing draconian penalties and losing your gun rights. Make sure that you double check any of these bags and make sure you know the places that you’re going as to whether you’re going to be security screened. Evan Nappen 40:40 I’ve had many clients say they walked up and they saw that there was a metal detector or screening taking place, and instead of just turning around, going back to the car, because they suddenly remembered they have it, they figure, well, I’ll just tell them about it. I’ll just be honest and say, look, I have it. What do you want me to do? GOFU. GOFU. If you do that, boom! Next thing you know, the police are involved. Don’t ever go through those security checkpoints of any type with any kind of firearm, accessory, ammo, or anything. It causes tremendous grief, and is one of the top GOFUs that we see every day. Evan Nappen 41:33 This is Evan Nappen and Teddy Nappen reminding you that gun laws do not protect honest citizens from criminals. They protect criminals from honest citizens. Page – 11 – of 11 Speaker 3 41:44 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S5 E298_Transcript About The HostEvan Nappen, Esq.Known as “America's Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it's no wonder he's become the trusted, go-to expert for local, industry and national media outlets. Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It's Your Call with Lyn Doyle, Tom Gresham's Gun Talk, and Cam & Company/NRA News. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. Email Evan Your Comments and Questions  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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