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Gun Lawyer

Author: Evan Nappen, Esq

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Storytelling, insight, and compelling perspective on Gun Law, Gun Rights, Gun Culture, and Gun Politics in America. Join America’s Gun Lawyer, Renown 2nd Amendment Attorney and Best Selling Author, Evan Nappen, as he pulls back the curtain and takes you behind the scenes for a rare, private inside look at the American Justice and Political System and the trials, tribulations, perils and pitfalls of the changing Gun and Knife Rights in America today. Evan’s passion, quick wit, candid opinions, and engaging personality have made this one of the most popular Gun and Knife Rights Legal podcasts in America.
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  Episode 273-Warning: Critical Gun Law Alert  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Gun Lawyer — Episode 273 Transcript SUMMARY KEYWORDS New Jersey gun laws, accidental discharge, criminalization, reckless discharge, felony consequences, gun ownership rights, self-defense, insurance coverage, Second Amendment, gun safety, gun dealers, international disarmament, gun control, gun owner education, legal challenges. SPEAKERS Speaker 2, Evan Nappen, Teddy Nappen Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. Well, folks, the New Jersey legislature has done it again. They have passed some atrocious gun laws, and I need to make all of you aware of one, particularly, that is very much a threat. It is something that’s going to affect many, many gun owners, and it is not being talked about in the general media, of course, because of how they write these laws in such a sneaky, underhanded way. But this law is going to impact all of us, frankly. And the potential is there, under this law, to not only take away gun owners’ rights to have guns, but to turn us all into felons at any time, simply based on an accident. That’s right, an accident. Evan Nappen 01:31 Because what New Jersey legislature’s both houses have passed, and I expect, very shortly, the governor will sign, is Assembly Bill, 4976. (https://pub.njleg.gov/Bills/2024/A5000/4976_R2.PDF) And what this bill does is it criminalizes Accidental Discharges (ADs). Now, an accidental discharge is when your gun goes off, accidentally, either by what some folks call an uncommanded discharge or an accidental discharge. But it is something that can happen, and although we have to always be very careful, circumstances can be such that a mistake can be made. I mean, we’re all human, and mistakes can happen. And unfortunately, you know, I see it in the practice, and I get accidental discharge cases all the time where individuals make a mistake and a gun goes off unintended. It happens. Now sometimes it happens because of the actual mechanical flaws to a firearm and that can be because of a gun’s design. It can even be due to circumstances where a firearm can go off from the slightest touch. Evan Nappen 03:08 Now you may not be aware of this, but years and years ago, I know of a case where an individual had a shotgun that this fellow had kept loaded. One of those single shot, top-breaker type shotguns. You know, like the old kind of like the toppers, the H and R Toppers, and what have you, similar to that. It Page – 1 – of 11may even have been one. I don’t know. But it’s one of those old single shot shotguns. And for probably 50 years, that gun had remained loaded with a shell in it. At one point, there were folks that were causing all kinds of problems in this guy’s yard, and he wanted to scare them off. He didn’t want to shoot them, and he put the gun out of, pointed the gun out the window, and boom. It went off, and he never pulled the trigger. He absolutely never pulled the trigger. There was no hit to the primer of the shell when it went off. And what has happened was, in this particular design of the gun, the firing pin had been pushing against the primer because the hammer was down and it didn’t have a firing pin block. And for like 50 years, this gun sat there, sensitizing the primer so that the slightest touch, you know, just the right jolt, without having to actually pull the trigger, made it go off. So, a gun can actually even do that under those extraordinary circumstances. Evan Nappen 04:57 But normally, an accidental discharge or uncommanded discharge that we encounter is because somebody believed, honestly believed, their gun was unloaded. And it ends up, of course, that it wasn’t. Now this can happen because somebody thought they checked it and maybe even did check. But then, with a magazine in and the slide going forward, a round loads, but they didn’t realize that it loaded, because they checked that it was unloaded. And sure enough, there’s a round there. I mean, I’ve seen every combination of error that could happen and a discharge can occur. And, of course, we know the rules, always point in a safe direction, etc. Make sure your gun is unloaded. Double, triple check to make sure that the chamber is empty. That there’s no magazine, and there’s no live ammo. I mean, all those things that we do. But accidents can happen, just like in a motor vehicle. We drive as safe as we possibly can, but people still have accidents. And what New Jersey has done in this bill is essentially criminalize an accident so that individuals will be looking at what is, in all likelihood, felony level charges. And they structured this bill in just a sneaky, evil, devious way. It’s going to have great impact, and it’s going to create, I think, unintended consequences. Evan Nappen 06:40 Now, as gun owners, we have to understand how we have to behave if any of us ever are so unfortunate as to have an uncommanded or accidental discharge. So, the law talks about “recklessly” having a discharge. “Reckless” in criminal law means, you know, with a conscious disregard of a known risk, okay? Criminal laws can have recklessly or reckless as a standard, as opposed to something being intentional, right? So, if you intentionally meant to pull the trigger, that’s intentional. Reckless could still be you didn’t intend to do it. But if there was that conscious disregard of that known risk and it ended up discharged, then you could argue that it’s reckless. So, reckless is kind of a standard where it’s not that traditional mens rea, your mental and your mental state of having that intention to have the gun fire. Reckless has been in our criminal law for a long time, and reckless conduct is something that’s out there, like reckless driving. I’m sure that you have heard of that. Evan Nappen 08:05 But what they’re doing here is even more devious by using the word “reckless”. So, what now is being prohibited? And I’m going to read this to you so you can see how they’ve done this. It says, a person commits a disorderly person’s offense. Now that sounds like, okay. A disorderly persons offense in New Jersey is equivalent to a misdemeanor. It’s not a felony. So, you’re saying, well, first of all, this is not creating a felony. It’s creating a disorderly persons offense, right? It sounds like it’s, you know, Page – 2 – of 11apparently, trying to be reasonable. But trust me, folks, it isn’t. I’m going to show you why. “A person commits a disorderly persons offense by recklessly discharging a firearm.” Okay, so at this point they’re saying, well, it’s just a low level offense, and it’s for recklessly discharge. You know, we’ve conscientiously disregarded a known risk. Okay, so it started out sounding, you know, not great, but okay. It’s not. It shouldn’t affect a lot of folks, and luckily, if it does, it’s still a misdemeanor. And, of course, it requires that recklessness. So, that sounds all good. Evan Nappen 09:22 Let me start again and read you, but wait until you hear the rest of it. A person commits a disorderly persons offense by recklessly discharging a firearm “using live ammunition rounds”. Well, okay, that’s good to know. A blank gun isn’t a reckless discharge, but you know you’re firing a blank. No live ammo. Okay. So, if I’m firing dead ammo or ammo that’s not live, then that’s not a reckless discharge. Well, good. How do I get a discharge with ammo that’s not live? I don’t know how that’s even going to happen. But okay, they throw that in, probably more as subterfuge and, you know, smoke and mirrors. But again, here we go. “A person commits a disorderly persons offense by recklessly discharging a firearm using live ammunition rounds unlawfully . . .” Okay, unlawfully. So, you’re unlawful. “. . . or without a lawful purpose.” Whoops, wait a minute. “Without a lawful purpose.” You commit a disorderly persons offense by recklessly discharging a firearm without lawful purpose. Evan Nappen 10:35 Except that a second conviction for such an offense constitutes a crime of the fourth degree. Well, a crime is a felony, and that’s a fourth degree. It’s a year and a half in jail. And a third or subsequent conviction is a third degree and that’s five years in State Prison. Okay. So, you may even read this part and say, well, it’s still arguably, weirdly reckless, maybe. But it’s for discharging a firearm without lawful purpose, but at least it’s a disorderly persons offense. And I, boy, if we do it once, I sure wouldn’t think I’d do it again. So, why is this such a problem, you know. Evan Nappen 11:09 But oh, well, wait, wait, wait. We’re not done yet. Because then it says, if a person commits a violation under this section, you’re charged with a crime one degree higher than what ordinarily would be charged for such an offense when the violation occurs within 100 yards, 100 yards, folks. Not 100 feet. A football field’s worth of distance of an occupied structure. Oh, what’s an occupied structure? Any building, room, ship, vessel, car, vehicle, or airplane, or a place adopted for overnight accommodations of persons or for carrying on business therein. Wait a minute, wait a minute. Wait a minute! An occupied structure includes a car or vehicle, and it doesn’t even mean it has to be occupied. It means even a vehicle or a building or a room, and it has to be within 100 yards, a football field, of a car. If there’s a car driving by within 100 yards where the accidental discharge takes place. If you’re in your own home? I mean, this is basically every accidental discharge. You will probably be within 100 yards of a car or a building or a room, or hotel or whatever, or an airplane. Man, even if the airplane is flying over the sky, I don’t know. I mean, this is nuts. Evan Nappen 12:55 So, if the violation occurs within 100 yards of a “structure”, guess what? It’s no longer that disorderly per
  Episode 272- Jersey Spreads the Oppression  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript SUMMARY KEYWORDS Second Amendment rights, New Jersey gun laws, national firearm licensing, anti-gun oppression, domestic violence restraining order, federal firearms licensing act, gun control measures, gun rights suppression, gun violence prevention, gun rights advocacy, gun rights litigation, gun rights education, gun rights resources, gun rights history, gun rights updates. SPEAKERS Speaker 2, Teddy Nappen, Evan Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. So, New Jersey is spreading the oppression. New Jersey is like a cancer when it comes to Second Amendment rights, and it has to metastasize. This is really one of the primary reasons that Gun Lawyer, our show here, has reach that is further than just New Jersey, even though we focus a lot on New Jersey. But New Jersey is where we see the experimenting done at the cost of our rights, where we see the oppression in full force and effect. And we see their newest machinations coming from the Left wing, anti-Second Amendment, anti-American, think tanks getting their origins in New Jersey. Then spreading and then spreading, with an attempt to spread it to all of America. Evan Nappen 01:26 So, of course, we have New Jersey senators, strictly New Jersey senators here, that are now pushing a national gun licensing scheme, which is national Second Amendment rights oppression, to force the entire country into the agenda of disarmament via New Jersey style. And it is why you have to, we have to, keep the fight up here in New Jersey, which is the front line of the battle. We need to get our politics here changed, because the cancer has to stop. Evan Nappen 02:13 And here’s what they’re proposing right now. Granted, it’s not likely to pass in the current climate right now with Republicans in control, barely, but in control of both houses, and with President Trump at the helm. But it is something that tells you where the Democrats will go should they ever regain power again, and this is showing you just how far they will go to oppress our Second Amendment rights. I mean, it’s apparently not bad enough that the Democrats are so-called Democrat socialists, you know, communist light. But even just in terms of the Constitution that they are supposedly sworn to uphold, it is demonstrated as to be a false oath by them over and over again. Page – 1 – of 13 Evan Nappen 03:14 So, here is the current push, and by the way, this is from an article from Bearing Arms, and it’s by Tommy Knighton. It says, “NJ’s Senators Push National Gun Licensing Bill”. (https://bearingarms.com/tomknighton/2026/01/04/njs-senators-push-national-gun-licensing-bill- n1231085) So, who are the culprits here? Who are those oppressors out of New Jersey? Well, of course, it’s Senator (Corey) Booker and Senator (Andy) Kim. They’ve introduced this legislation, and they’re calling it the Federal Firearm Licensing Act (FFLA). Now, don’t confuse the title. Teddy Nappen 03:43 Doesn’t Cory Booker ever stop talking. Evan Nappen 03:46 Yeah. Don’t confuse this Federal Firearms Licensing Act with the way we traditionally think of an FFL as being a dealer. No, no, no. What they’re doing here, and maybe it’s part of their attempt to fool the public, I don’t know. But it would mandate that every American obtain a Federal Firearms License before purchasing or receiving any firearm. So, if you want to purchase or receive a firearm in America, you’re going to have to get an FFL. Now, this obviously isn’t a dealer FFL. It’s just a private person wanting to exercise Second Amendment rights FFL. This is apparently one of the most comprehensive federal gun control measures, what I prefer to call Second Amendment oppression measures, requiring and establishing a nationwide licensing system. Putting numerous new requirements on every American. Evan Nappen 04:59 Under this proposed legislation, you would need to complete a mandatory firearms training safety that includes both written and hands-on instruction before qualifying for a license. And this is a license just to obtain a firearm. This isn’t to carry a firearm. The Attorney General will then conduct background checks on every applicant, and the FBI would perform regular compliance checks to monitor license holders. So, you’re going to be constantly monitored by the FBI, as well as having to go through this. Each license will expire after five years, requiring gun owners to renew their permission to purchase firearms. And, of course, if the license expires and you don’t renew it, you’re losing your guns and your gun rights. And this is what the oppressionists, what New Jersey’s senators, are putting forward to try to create a national firearm licensing scheme. Of course, it has the end game of utter confiscation and to turn us into, you know, the U.K. basically. Evan Nappen 06:19 The bill will fundamentally alter how Americans can buy and sell firearms privately. Unlicensed individuals could no longer transfer to other unlicensed individuals. Instead, all transactions have to go through dealers, and selling or transferring a firearm without a Federal license issued within the previous 30 days would be illegal. Sellers are mandated to report transactions to law enforcement, etc. So, you can see this is just scratching the surface of this so-called Federal Firearms Licensing Act. It’s designed for the furtherance of their agenda. And this agenda we see come alive in New Jersey. How New Jersey citizens are turned into criminals. Law-abiding citizens turned into criminals by New Jersey Page – 2 – of 13 gun law. I deal with that every day, defending my clients who Jersey has made into law-abiding criminals. And this is something that they want to spread to the entire United States. So, beware. Evan Nappen 07:35 And keep in mind the history of gun rights oppression, beginning with New Jersey, and spreading to the entire U.S. is documented through a number of laws. For example, New Jersey first had the domestic violence misdemeanor and/or restraining order gun ban. New Jersey had it as a state law first, where if you had a domestic violence restraining order, or what New Jersey calls a disorderly person. We can view it as a misdemeanor offense. Concerning domestic violence, then you became a prohibited person to have a firearm. That was not a national law. That was state law. New Jersey was one of the originators of that law. Evan Nappen 08:22 And, of course, it was something that radically departed from what were traditionally prohibited persons. It had to be felons, convicted felons, and originally, it was violent felons, but at least you had to have a felony conviction. But now what you saw was misdemeanant, misdemeanant, a misdemeanant, suddenly having a gun disqualifier. And even less than being a misdemeanant, somebody with a civil restraining order became forfeit, disenfranchised of their Second Amendment rights. And New Jersey did it first to its own people. Then Senator, the corpse, Lautenberg, as you may recall, put it forward federally, and it became federal law by a New Jersey Senator. Creating new disqualifiers for domestic violence restraining order and/or domestic violence misdemeanor. Thereby, retroactively, by the way, because there’s no ex post facto when it comes to a civil disqualifier. Retroactively disqualifying hundreds and hundreds of thousands of people that were lawful gun owners into being unlawful gun owners. And lowering the bar for a loss of Second Amendment rights. Evan Nappen 10:01 This has impacted thousands of people in their gun rights, criminal prosecutions, et cetera. And, of course, no piece of paper ever actually really protected somebody. I mean, that’s a joke. You know, these restraining orders are feel good more than anything. I mean, good luck. I mean, we’ve seen case after case where, yeah, the person had a restraining order, and they still became victimized by the person who was restrained. And even taking away guns from the person who has the restraining order. Yeah, oh, there’s no way that they might get another gun, right? So, that thousands of people get their guns seized. Teddy Nappen 10:49 Or, the classic. He threw pretzels at me! Evan Nappen 10:52 Right! Oh, God. Teddy Nappen 10:53 Or where you get accused of something that isn’t true, that they make stuff up and there’s clear falsification. And then. Page – 3 – of 13 Evan Nappen 11:00 Teddy, you’re so right. As soon as that TRO, Temporary Restraining Order, issues based on the flimsiest of allegations, with you having no say whatsoever. And, you know, it’s harder to get a sandwich at Wawa, than to get a TRO issued against somebody. You now have to go to court. Your guns are going to be seized pursuant to that TRO, and you’re going to have a fight, not only on the allegations, but also on trying to regain your rights. And it’s just a nightmare that can be triggered on the flimsiest of allegations. We see it all the time. And oh, well, that’s not politically correct. Well, it doesn’t matter, folks. I don’t do this show so I can maintain political correctness. Evan Nappen 11:46 I’m telling you what I see as a practicing attorney all the time in this area. I see the abuse, abuse of rights, okay? I see this system being abused against individuals. None of this means that I’m in favor of someone being domestically abused, being violently abused in any capacity. I don’t want to see anybody abused. But that doesn’t mean that we do not talk about the actual effect that we see happen over and over and over again when it comes to the Lautenberg law that started with New Jersey and became federal law by New Jersey senators spreading the cancer, spreading the oppression, to the entire United States. So, that’s why this bill that you may think right now is not a threat, but do
  Episode 271- New Year – New Challenges Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Gun Lawyer — Episode 271 Transcript SUMMARY KEYWORDS Second Amendment, New Jersey, gun oppression, Bruen decision, carry permits, violent crime, John Petrolino, high capacity magazines, gun training, NRA classes, self-defense, gun laws, gun rights, gun ownership, legal battles, gun journalist. SPEAKERS Teddy Nappen, Speaker 2, Evan Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:16 And I’m Teddy Nappen. Evan Nappen 00:18 And welcome to Gun Lawyer. Well, I want to thank all of my listeners and supporters, because on The Gundies Award for Podcast of the Year, I’m proud to tell you that Gun Lawyer has made the top five. And so, as one of the top five nominees, we are now in the running to see whether or not we win the Podcast of the Year. But I’m very honored to have made the top five, and I appreciate all of you that took the time to vote for Gun Lawyer. It’s a great way of getting a statement out there about what we believe in and what we fight for here. You know, our show does have a lot to do with what’s going on with New Jersey, because New Jersey is, as you know, the worst state in the country when it comes to oppression of our Second Amendment rights. And by bringing more and more attention to it, we shine that disinfectant of truth out there. So, this is important, and we want to keep up the keep the pressure. Teddy Nappen 01:44 Do you know what we should do for when we for the awards, we don’t go to accept it. We instead send a couple people who are recently released from the Gun Owner Gulag to accept the award. Yeah, like Marlon Brando sent Evan Nappen 02:00 Yeah, right. We’ll send someone from the Gulag to accept the award. I spent three months just to get out, even though I was innocent of all charges. You know, it’s just insane what New Jersey is doing. We’ll be reporting on the new laws that the Governor has yet to sign, but it appears that he will sign further oppression of our Second Amendment rights in New Jersey. And what you have to be aware of so you can protect yourself, because it is really just the extreme government action focused on attacking the Constitution. I mean, that’s what New Jersey is doing. It’s a fact. They try to contrive every conceivable angle to further deteriorate a Constitutional right. Instead of doing everything they can to Page – 1 – of 10 try to protect it, they do everything they can to try to diminish it. That’s the evil of what the New Jersey government is all about, and that’s really what it is. Evan Nappen 03:18 It is anti-rights, anti-Constitution. They are oppressors, and good people suffer. Good, law-abiding citizens suffer. This isn’t an academic exercise. Real people go to jail. Real people have their lives destroyed. Real people have their careers destroyed, their freedom taken and their families destroyed, over this garbage that New Jersey does in turning law-abiding citizens into criminals. I see it every day in the practice of New Jersey gun law. And the purpose of gun law, Gun Lawyer, of this radio show, is to bring attention to this. To help you, the listener, protect yourself from the evil oppression that is New Jersey. And they will, without any care, destroy you if they can, to promote their agenda, their agenda of destroying guns and gun owners. And this is what I see. Okay? This isn’t just hyperbole. It isn’t some made up fantasy. It is literally what I see happening to individuals as I practice in the, in this very area of New Jersey gun law. And it shows you when you have states that are following this agenda, how they destroy good people. So, you’ve got to be careful, especially in New Jersey. But do not give up. Maintain the fight. Stay vigilant. It’s critical. In the big picture, we are winning. New Jersey is going to get its head handed to it. I’m confident in the court decisions that we’ll be seeing. We will succeed. But in the meantime, it’s a battle. I want to see the least amount of casualties on our side in this battle, but it’s a battle nonetheless. Evan Nappen 05:24 And on that point recently, there was an article by one of my favorite writers, Dean Weingarten, who posted this in AmmoLand. He makes a very interesting point about what happened to the homicide rate after the Supreme Court’s Bruen decision. (https://www.ammoland.com/2025/12/what-happened-to-the- homicide-rate-after-the-supreme-courts-bruen-decision/) So, you know, we have this great Second Amendment decision in Bruen that establishes our right to self-defense outside the home and that actually finally enables the carry permits to have to be issued by the anti-gun oppression states like New Jersey that were using the trick of “justifiable need” to stop law-abiding citizens from being able to have a gun to defend themselves, and the legal barrier that the courts created knowingly to oppress rights was working. Evan Nappen 06:25 You know, we had less than 600 carry licenses. And the Bruen decision handily eliminated that, so that licenses had to be issued. Now we’re in the, you know, 60, 70, 80,000 licenses. The number is hard to pinpoint, but it’s constantly growing. And this is great that so many citizens now can be defenders instead of victims. But New Jersey, of course, embarked on trying to limit where you can use your carry. Hence, the “sensitive places”. This crazy matrix of where you can and can’t carry which is also the subject of a court challenge, and we should be seeing some great outcome there, as the, as the Appellate Court has taken on that issue again. Seeing New Jersey’s gun laws go up in flames and go to the garbage can, the garbage heap of history where they belong. Evan Nappen 07:29 But this article from Dean Weingarten about what happened to the homicide rate after the Bruen decision is really very interesting, because it’s a very interesting question. I mean, what this goes to is, Page – 2 – of 10 every time there is anything that is pro-gun rights, pro-enforcing our Constitutional rights, anything that expands our ability to exercise our rights, the anti-rights crowd, the oppressors, will shout what I call BITS, bits. Which is Blood In The Streets. There’ll be blood in the streets. You know, this is going to be the Wild West. This is going to be, you know, just the sky is falling, right? Every time, every time. And so, of course, the prediction was, if we have carry, we’re going to have blood in the streets. And it’s going to be terrible and all this mayhem. And guess what? The opposite, of course, the opposite. The opposite happened. Evan Nappen 08:31 Because as Dean points out in his article, it says. “As of the latest numbers of October 2025, the 12- month running average of violent crime has dropped 14% since June of 2022. The drop in murders is even more pronounced at 39%. The numbers are from the tools provided by the Real Time Crime Index.” How about that, folks? Murder down 39%. Violent crime down 14%. This is tracking, as you and I always knew it would, when law-abiding citizens can defend themselves. Now, of course, it’s not the only reason that violent crime and murders have gone down, but it is absolutely a contributing factor. And the antis are always quick to say. Well, if it just saves one life, we need to. Well, guess what? How many lives have now been saved by the expansion of our rights to carry and defend ourselves since the Bruen decision? Way more than one life, that’s for sure. Lots of lives, lots of lives are being saved because of Constitutional freedom being expanded and protected and preserved. So, this is important to recognize and to force our adversaries to face the fact that guns save lives. That trained law-abiding citizens are lifesavers, and that firearms are protection that is effective. Not just to that individual defending themselves or their families, but in the big picture, the statistics themselves speak to the benefit of it. Evan Nappen 10:54 Hey, I would also like to mention our good friend, John Petrolino, who does amazing journalistic work. And it’s not just me saying that. I’m happy to mention that John recently was given an award, and actually more than one from the New Jersey Society of Professional Journalists. (https://bearingarms.com/camedwards/2025/12/30/petrolinos-coverage-of-new-jersey-2a-issues-earns- accolades-from-surprising-source-n1231070) They announced winners of the 2025 Excellence in Journalism Awards. And we’re talking about winners that include the New York Times, the Asbury Park Press and Politico. Evan Nappen 11:39 Well, lo and behold, there’s John Petrolino, one of the contributors for Bearing Arms and a great writer. He really has done tremendous work in New Jersey, and he won first place for “Best Coverage of State Government” for his series of articles highlighting abuses of the “shall issue” carry permit system. These very abuses of which demonstrate institutionalized racism. He documented excessive wait times and how the number of black applicants are discriminated against. And this research was, in fact, corroborated by the group Rise Against Hate, which, you know, they’re normally not a 2A group. And he won first place also for “Best Coverage of Municipal Government for his Bearing Arms story “Permit to Carry Denial Over a Driving Record?” And he’s really gotten praise here from his fellow journalists, and I think it’s great. Because not only does he deserve it, but imagine, you know, we’re talking about real journalism here, not the propaganda that the lamestream media throws at us. I mean, we’re talking Page – 3 – of 10 about real journalism that puts out a product that is otherwise not being seen, and in doing so, aids our Second Amendment rights and helps fight the oppression with the disinfectant of truth. John, congratulations on your awards. That is just really great, because when you win, we win, and
  Episode 270- Securing Your 2026 Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 270 Transcript SUMMARY KEYWORDS Security evaluation, electronic security, physical security, camera surveillance, alarm systems, firearm safety, mental state, personal protection, dog security, property defense, legal implications, pet rights, self-defense, gun laws, New Jersey gun law. SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 Evan Nappen 00:14 I’m Evan Nappen. Teddy Nappen 00:16 and I’m Teddy Nappen. Evan Nappen 00:18 and welcome to Gun Lawyer. So, 2026 is just about upon us, and what’s really great to do at the beginning of the year is to take a look at your own security for yourself and your family as we start this new year. And as you know, it’s dangerous out there and you know, we’re gun owners, and we believe in defense and self-defense. There are things we need to do that include guns, but also don’t include guns when it comes to evaluating your own personal security, which is something that we all should be very concerned about. So, when you want to think about your security, particularly in your home and through your life, there are two ways to divide security. You have what is electronic security and then what we might call physical security. Evan Nappen 01:25 So, electronic security would include lighting, alarm systems, and cameras. That kind of security falls into, you know, surveillance and warnings and illumination and really is reliant upon electronic security. In terms of physical security, we have gun safes and other safes, dogs. Dogs are a form of physical security. Locks, good locks, good bars on windows where it may be needed. And of course, our firearms are the last resort of our physical security. And the idea is to have an excellent combination of both physical and electronic security. You want to cover all the bases to give you a full security umbrella. And, of course, combined into all this is your mental state, and for that, I would highly recommend Jeff Cooper’s “The Principles of Personal Protection”. You’ll gain insight into your daily life and what you need to do to have awareness and those principles. Evan Nappen 02:58 But these areas of electronic and physical security are very critical, especially today. Also, you know, electronic security, a lot of it, combines computers and our cell phones, too, as well. And so, with what’s available today, it’s kind of amazing, because it is very reasonable to have camera surveillance. I Page – 1 – of 10mean, you know, a number of decades ago, if you wanted to have cameras on your property, protecting your home, etc, it was tens of thousands of dollars. It was basically not within reach of average people to have that kind of surveillance. But now, with the advent of the internet and with these smaller, amazingly effective cameras, you know, particularly Ring and other companies, you can absolutely have great, actually, camera surveillance better than decades ago with the equipment that existed then, and for just a fraction, a fraction of the price. I mean, every person should have at least a Ring doorbell or some equivalent to that, so that you know who’s coming to your door. It films motion and those individuals that may approach, and not just individuals, but also animals, cars, and other things. This is a really great advance in modern-day technology, not just in what it does, but in the amazing, reasonable cost that you can get it done and accomplished for. Evan Nappen 04:58 Of course, there are other cameras that can work into your floodlights. Floodlights that also record and are motion driven and part of the system, the alarm system itself, which is great. Very easy to self install and put in a Ring alarm system. And they work very well. And you know, not to have an alarm system in your house with the availability of just a Ring alarm system or something else for electronic, you know, other brands too, that are out there, Simply Safe and others, is really a serious mistake, because you can get yourself and your family electronic protection at a very reasonable cost today. I mean, look, decades ago, you had to hire a professional alarm company. They had to hard wire, and they had to do all the switches, all that. What they have available today is amazing and very effective. It can give you that added peace of mind, and you can combine it with the cameras, both inside cameras outside cameras and other motion detectors. Evan Nappen 06:07 All kinds of things are out there that you can do yourself pretty darn easily and give yourself the protection. You want to combine that protection with good lighting. Lighting is also very important. Lighting helps discourage theft and other bad people. It illuminates them, and also the camera records them. It can also give you advance warning of individuals that come into your perimeter by both the camera surveillance and by the alarm itself. I mean, you know, you go to sleep at night. You have your cameras, and you turn on the perimeter of your alarm. You’re protecting yourself and your family. And you know that the physical security becomes important. You have the good locks. You have your valuables stored in safes. You hopefully have your dog or dogs, and you have your firearms. When you have that gamut of protection, both electronic and physical, you know that you’re maximizing your ability to defend yourself and your loved ones. These things today can be accomplished at a very reasonable cost, and there’s really no reason that an average person cannot have security that decades ago would have been tens of thousands of dollars. This is the new world. Evan Nappen 07:45 And not only that, it combines into apps on your phone. You’re able to control your alarm away from your home, turning it on and off. You can see what activity is going on. You’re able to look at the cameras. You don’t have to even be at your house, and you can surveil and see and get notice. It is really an amazing time when you consider what’s available in electronic security and in physical security, with the better locks, enforcers that can be added to doors. Things that can be not even as obvious, but adding tremendous security. And this is a mindset, folks. It’s a mindset for the new year. Page – 2 – of 10You should do your own security evaluation of your home and your property. Look to see if you have bushes or trees that block the view from the road, where persons can break in through a window and not be seen. Look at your lighting. Take a look. Is it lit up? Well, look at your cameras and the angles and areas that are covered by your outdoor cameras, by your floodlight cameras. Look at where you have cameras inside your home. Now, you want to be aware of your own privacy, and that’s very important. But there are places in your home that you don’t frequent all the time, basements, garages, etc., where you can have cameras to even provide interior protection should an intruder come in. These are things to consider in the full picture of your security. Evan Nappen 09:26 And if you’re able to have a dog, let me tell you, dogs can make a huge difference. You know, in surveys they’ve done on felons and criminals and such, they ask what they’re most afraid of? Well, the number one thing that criminals are afraid of is an armed homeowner. That’s right. Number one thing they’re afraid of is a homeowner with a gun. So, right there is an important deterrent factor. The second thing that felons, criminals, etc. are most afraid of is two dogs. Believe it or not, two dogs really freaks them out. That gets their attention. But even having one dog is very important, because dogs bark. Dogs are keenly aware. Their senses are better than yours and mine, superior. And dogs are an alert system. I know of cases, actual cases, where individuals were looking to do a hot robbery and, even worse, commit murder, just to randomly kill, and they went to canvas homes. And homes that had dogs they avoided, and they hit the home that didn’t have a dog. It wouldn’t matter if the home they came to had a little yapper that was barking, they avoided that home just because of the dog being there as an alert system. So, dogs are very important, very critical. I would highly recommend having a dog. The other thing is dogs, you know, they are loyal, and depending on your type of dog, most of the dogs designed for security, will happily give their life to save yours. And dogs can buy the time in between the bad guys wanting to harm you and your family, for you to get to your gun to have the ultimate protection. Evan Nappen 11:42 So, these are things you need to consider when you look at your own security and your own physical security of yourself and your family. At the beginning of the year, it’s a good time to think about it and figure how secure are you? Ask yourself, how secure are you when you go to sleep at night? Do you feel secure? Do you have camera surveillance? Do you have alarm surveillance? Do you have a dog on the lookout? Do you have your firearms? Do you know how to use them? Are you trained? And do other members of your family understand how to use these things as well? Think about these things. I want all my listeners to be safe and protected, and these are things that can help you and may make the difference. So, stay safe in ’26, folks. It’s going to be an interesting year, that’s for sure. Evan Nappen 12:36 And with the Big Beautiful Bill kicking in, with no more NFA tax, and with very interesting court cases proceeding, we may be able to enhance our security even more with guns and accessories that the Second Amendment oppressors have tried to stop us from having. So, stay tuned. Teddy, what do you have for us today? Page – 3 – of 10Teddy Nappen 13:07 Well, as you know, Press Checks are always free, and this is something that kind of came up as I was flipping through. This is actually an issue. We kind of talked about the whole i
  Episode 269- The Nightmare Before Christmas Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 269 Transcript SUMMARY KEYWORDS Second Amendment, New Jersey Democrats, gun laws, machine gun conversion devices, digital instructions, firearm components, gun owner gulag, cash bail, pre-trial detention, carry killer bill, sensitive places, gun rights, constitutional rights, gun lawyer. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. So, the New Jersey Democrats are going to give gun owners a Nightmare Before Christmas. What they are doing is pushing a package of Second Amendment oppression upon us, and they decided that the perfect time to do it is right before Christmas. On Monday, December 22, the Senate will be having a voting session. They’re going to be looking at bills that we’re going to talk about right now, and you need to take action. You know, you need to let the legislators know that you oppose this. Hopefully you belong to the Association of New Jersey Rifle & Pistol Clubs. If not, you need to join. That’s anjrpc.org. They send out the news releases where you can immediately take action and let the legislature know your feelings on their oppression of our Second Amendment rights as they continue to attack them. Evan Nappen 01:33 Now, we have some very problematic laws that they’re going to be trying to jam through, and I want to make sure that you’re aware of what they are and what they mean. So, we have what is A-4974, and its companion in the Senate is S-3893. (https://www.njleg.state.nj.us/bill-search/2024/S3893) This bill establishes criminal penalties for sale and possession of machine gun conversion devices. Now, of course, these things are already banned. They’re already banned under federal law and state law, but New Jersey just can’t ban something enough, right? So, they’re just duplicating here even more bans upon bans. This is supposedly addressing so-called Glock triggers, but New Jersey usually finds a way to expand it to all kinds of other nonsense. We’ve seen these things lead off into false charges over devices that are not designed to convert to machine guns, but instead designed to simply improve accuracy and a trigger or those kind of things. So, these things are just problematic, and they’re just putting bans on top of bans. And they just want to make sure their name is on a piece of law where they’re “doing something about it”. You know, to sell red meat to their base. So, we have that to deal with. Page – 1 – of 10Evan Nappen 03:16 Additionally, we have A-4975 and the Senate companion bill is S-3894. (https://www.njleg.state.nj.us/bill-search/2024/A3894) This bill establishes a crime of possessing digital instructions to illegally manufacture firearms and firearm components. Now, keep in mind, back in 2018 Murphy signed a law banning the use and sale these digital files already, but this bill is even worse. The mere possession of the files will result in incredibly harsh penalties, even if you unknowingly possess them on a long forgotten computer, etc. So, New Jersey is turning firearm information, pure firearm digital information, into the equivalent of possessing child pornography. Simple possession of the digital file itself. Evan Nappen 04:20 It doesn’t matter that you never had any intention to actually build a firearm, but this gun information is itself being turned into contraband. Now, of course, this brings in First Amendment issues as well as Second Amendment issues, and I’m sure this will as well be subject to challenge. But nonetheless, it puts gun owners at risk that utilize internet and such for downloads of different things. Strictly for informational purposes. Even though you had no intent to 3D print a gun or not, or to use it with a CNC machine to make guns or even gun parts. So, this bill is another oppression of Second Amendment rights, and this time an oppression of First Amendment rights. But since when do Democrats care about rights? So, you need to oppose this as well. Evan Nappen 05:25 There is another bill, Assembly 4978, and the Senate companion is 3897. (https://pub.njleg.gov/Bills/2024/S4000/3897_I1.HTM) Now, this bill requires the Attorney General to report data regarding shootings that did not result in bodily injury. This type of data accumulation is used so then they can twist it into political fodder to further pass other Second Amendment oppression laws. This is their game. So, this is a step in, you know, focusing on the potential discharge law, making accidents into crimes, and using it to become automatic licensing disqualifiers, what become essentially per se felonies. This is how their evil works. This is what they do. This is their machinations, and this is the beginnings of them laying the groundwork to do that very thing. We’ve seen this playbook before, as they put data together that they then abuse in the manner that suits their purposes. So, of course, we have to fight this. Evan Nappen 06:53 Another incredibly serious other bill that’s in the Nightmare Before Christmas is Assembly 4981. The companion is S-3900. (https://www.njleg.state.nj.us/bill-search/2024/A4981) Now, this bill is a Gun Owner Gulag enhancement bill. This law will take the Gun Owner Gulag and make it even worse. So, as you should be familiar, but I want to make sure you are, New Jersey has the Gun Owner Gulag, which is New Jersey’s elimination of cash bail. In getting rid of cash bails, like so many progressive blue states took those actions to do that in the specifically during the, you know, defund police movement and all that. You normally hear about the cashless bails being utilized, where actual criminals, bona fide bad guys, you know, rapists, murders, etc, are put in a revolving door and released very quickly out in the street, particularly if they have other characteristics that the Left is favoring, such as being, you Page – 2 – of 10know, illegally in the country and things like that. They want those people out fast. So, it gets used in that way. Evan Nappen 08:15 But when it comes to weaponization of it against gun owners, well, that’s a different story. They want to imprison us. Okay? So they want to make sure that any gun owner that has a problem, well, they’re going to be subject to the Gulag, where they’re going to be held without bail until their trial, because there is no more bail in New Jersey. And what happens is the prosecutor seeks what is called pre-trial detention. And if pre-trial detention is granted, you’re going to sit in jail, having been proven guilty of nothing, until your trial, and that can be months or years. So, this is the Gulag, and that’s how it operates. Well, that’s bad enough. We fight these Gulag cases all the time, trying to get gun owners out because just about any gun offense is a felony level. New Jersey calls them crimes, and they’re normally warrant offenses. You get arrested and then you’re put through the Gulag where you’re held for 48 hours while the prosecutor decides whether to seek pre-trial detention or not. Evan Nappen 09:20 And their policies are, generally, in every gun case, they seek the Gulag, which is to hold you without bail. So, you’re going to be held at least, normally, another five days before your hearing, where your attorney will finally get to argue to get you out. And if your attorney is not successful in doing that, you are staying in with no bail. Well, this bill is an enhancement to that. It will allow the court to take even more time on any firearm offense where they get to hold you for yet another seven days, so that an operability report can somehow be provided regarding the operability of a firearm, which is often irrelevant to the criminal charge, especially in New Jersey. Operability is not even necessarily required for a firearm conviction, but here the abuse of it will be added into the Gulag’s initial holding of the gun owner. So, now you’re going to be arrested on the warrant charge on whatever the allegation of the firearm offense is, even though you’re innocent, it won’t matter. It’s a gun offense. So, the 48 hours, the prosecutor by way of their policy is going to hold you seeking pre-trial detention. Then that pre-trial detention hearing has to get scheduled within, arguably, five days, and normally it’s about that, five days, before you have the hearing. Evan Nappen 10:57 But if we get to that hearing and they say, oh no, we want another seven days, at least, here the seven days to get an operability report. So, now you’re going to be in jail for approximately two weeks, two weeks, without bail, because there is no bail. And that’s just to get you to the hearing so your attorney can try to argue to defeat the prosecutor’s motion for pre-trial detention. And they’re going to now throw this into the mix. So, you can figure with any gun arrest, you know, you’re falsely accused of being in a “sensitive place” or you’re falsely accused of possession of an assault firearm, or you’re falsely accused of unlawful possession of your handgun. You know all kind of false charges and gun rights oppression that I deal with all the time in practice. Well, you’re going to be at least two weeks in jail now before we can even get you out so we can fight the charge that will eventually get you acquitted of. Isn’t that cute? And that’s if your attorney knows how to get you out and succeeds in doing so. Because if not, you’ll just sit in jail until your trial to finally prove that. So, this is the just horrible addition to the Gun Owner Gulag. Page – 3 – of 10Evan Nappen 12:20 These bills need to be fought, and they need to be fought vigorously. Make sure you make your voices heard. Make sure you belong to ANJRPC, the Association of New Jersey Rifle & Pistol Clubs. They have a full-time paid lobbyist. They have a vigorous process here trying to fight this
  Episode 268-Tresspassing on Our 2A Rights Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 268 Transcript SUMMARY KEYWORDS New Jersey gun rights, Assembly 6211, criminal trespass, sensitive places, carry killer bill, Supreme Court, trespass law, private property, research facilities, utility company property, school property, fourth degree crime, defiant trespasser, gun attorney, national reciprocity. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:18 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. So, the New Jersey gun rights oppressors are at it again. They have a bill that is apparently moving forward. It is Assembly No. 6211, and apparently they’re trying to jam it through before the end of the year here. (https://www.njleg.state.nj.us/bill-search/2024/A6211/bill- text?f=A6500&n=6211_I1) You know, it’s on the fast track, apparently. We’ll see. This bill is to make and criminalize the going into a place that you would otherwise be legally allowed to carry, but for giving a, putting up a sign that says “no carry”. Now, the Attorney General, as you may be aware, in New Jersey, is giving away these free signs. You know, prohibiting guns on premises, but the law regarding that falls into trespass. It’s not actually part of New Jersey’s “sensitive places” in the Carry Killer bill. Evan Nappen 01:34 Because in the Carry Killer bill, there was an extreme property ban that basically said about private property, that any private property you had to have a sign that gave you permission to have your gun. In other words, there needed to be a sign out on any private property you were going to go into with your gun. And that would include businesses and anywhere else that said, essentially, hey, we love guns. Bring in your gun, you know, in so many words. Now that was shot down by the court in the federal litigation, you know, which was brought to you by the State Association, the Association of New Jersey Rifle & Pistol Clubs. They challenged it in federal court in front of Judge (Renee Marie) Bump. And what happened was the judge basically ruled, and this is a current law in New Jersey, that when it comes to private property, if it’s open to the public, it’s not a prohibited area. You don’t have to get prior permission if it’s open to the public, unless it’s somehow otherwise a prohibited place. So, you know, if you want to walk into 7-11 with your gun, it’s open to the public, and they don’t need to have a sign that says guns are permitted. You’re good to go. And that’s how it currently is. Page – 1 – of 11 Evan Nappen 03:02 But as you may be aware, Hawaii passed a similar law, and it got upheld there. It didn’t get knocked out the way we did in New Jersey. They said, oh no, you need their prior permission. This law is now upheld there, and the Supreme Court of the United States has taken up that case. So, we’re going to get a SCOTUS ruling on the legality of that type of anti-gun and oppression-type law that they love to pass. We’re going to probably get some great, I’m hopeful, to get some great law out of the Supreme Court that we can use to fight other sensitive places. But what New Jersey is now doing, and this is something they try to do, they’ve done it in other areas, is they try to figure out sneaky end runs. Sneaky ways to oppress our rights. Sneaky ways to get around laws that protect our rights. Evan Nappen 04:11 So, you know, they’ve done it and attempted to do it with PLCAA, Protection of Lawful Commerce in Arms Act, where they’re not, under federal law, dealers and manufacturers and stuff are supposed to be protected. But New Jersey created this whole consumer protection angle that they’re exploiting to try to get around that so they can try to litigate, you know, gun shops and manufacturers out of existence, using and abusing consumer protection laws. Well, now what they’re going to do here with this bill is abuse the trespass laws in such a manner. Because it’s not the classic “sensitive place” that was in Carry Killer bill, but instead, they’re amending the trespass law in New Jersey to pull this off. Evan Nappen 04:59 Here’s what they’re doing. It falls under N.J.S. 2C:18-3, which is New Jersey’s trespass law. And this is to create criminal trespassing while carrying a firearm. You see how they put criminal trespassing while carrying a firearm. But really what it’s doing is criminalizing carrying a firearm into private property that says no guns, which is contrary to essentially the sensitive place victory that we had. It probably is going to be further decimated by the Supreme Court in its discussion, but nonetheless, New Jersey now has the following offense. So, if it passes, and they’re pushing to pass it, a person commits an offense if, knowing that the person is not licensed or privileged to do so, the person enters or surreptitiously remains, so just go with enters. Don’t worry about your staying, you know, secretly there. But enters any research facility, structure, so there’s a comma after research. So, that’s a standard research facility. It’s not just about research facilities, research facility. Evan Nappen 06:24 But they hide this stuff in there so that, you know, it’s way broader than it’s initially appearing. Research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport. So, buried in this presentation of saying, oh, we’re protecting research facilities, utility company property and airports, is the very broad structure prohibition, just stand alone structure. It’s not just structures of a research facility or a utility company or an airport. Then it says an offense under this subsection is a crime of the fourth degree. That’s up to a year and a half in State Prison, by the way. If it is committed on a school property, see, school property is part of this. Why? Because that goes to that structure, you see. Oh, well, of course, we want to keep guns out of school. So, that’s okay. That’s where they’re right. This is their whole way of sneakily selling this. Page – 2 – of 11 Evan Nappen 07:37 An offense under this section is a crime of the fourth degree, if it’s committed in a dwelling. So, this makes anybody’s home now part of this. An offense under this section is a crime the fourth degree, if it’s committed at a research facility, a power generation facility, a water treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility that stores, generates or handles any hazardous or chemical compounds. So, again, they add all that in, but don’t lose sight that all structures are still covered, even though they’re doing a laundry list of these other things to conceal what they’re doing. Don’t fall for their trick here. An offense under this subsection is a crime of the fourth degree, if it’s committed upon a utility company, and an fence is a crime of the fourth degree, if it’s committed in a sterile area or operational area of an airport. Otherwise it’s a disorderly person. Evan Nappen 08:35 So, oh, okay. If it’s another structure of some sort, you know, a dwelling, it’s just a DP, right? Wrong. Because here’s what they do. A crime of the fourth degree under this section shall be a crime of the third degree. So, they’re going to bump it up now to five years in State Prison, right? If the person possesses a firearm while committing the offense, regardless whether they have a permit to carry or not. And then get a load of the next line. A disorderly person’s offense under the subsection shall be a crime of the fourth degree if the person possesses a firearm. So, now they’re making it essentially a felony, felony, level, you know, New Jersey fourth degree. A year and a half in State Prison if you trespass in this manner. Evan Nappen 09:24 But wait, they’re not done. Because you may say, well, I would never just go into a place that I wasn’t allowed to go into. But here’s where they add in even more of the fun stuff that they use to oppress our rights. Defiant trespasser is a person that commits a petty disorderly persons offense, if the person possesses a firearm while committing the offense of a disorderly person’s offense, regardless of whether the person is a holder of a permit to carry. It doesn’t matter if the person is not licensed or if you’re knowing you’re not licensed, or enters or remains in the place, okay? And then it says. This can be given by, and here’s the punchline, folks, posting in a manner prescribed by law or reasonably likely to come to the attention of the intruders. That puts into place those free no gun signs, so that businesses and other places can post these signs. Now creating a fourth degree crime for taking your firearm into these places that have the “no gun” posting. Evan Nappen 10:40 Now, it claims that there’s an affirmative defense if the structure was, at the time, open to members of the public. But here’s the catch. The actor complied with all lawful conditions imposed on access or remaining in the structure. Oh, well, one of those conditions is no guns. So, again, they come back and get our gun rights. It makes believe it’s a defense, but it really isn’t, because of the condition that the sign creates. And that puts you back into the felony level gun rights oppression mode. Then it goes in even further to say the conspicuous posting of a sign prohibiting or otherwise indicating that it’s not permissible to carry a firearm in the structure or place shall give rise to an inference that an actor who accesses or remains in that structure or place while carrying a firearm knowingly was not licensed or privileged to enter or remain. It’s virtually like a presumption, but they’re calling it an inference. Page – 3 – of 11 Evan Nappen 11:56 So, right away, if that signs ther
  Episode 267-Vote for Gun Lawyer Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 267 Transcript SUMMARY KEYWORDS Gun Lawyer, podcast of the year, Gundies awards, Second Amendment, New Jersey gun laws, assault firearms, registration, inheritance, gun rights, Supreme Court, firearms instructor, tactical rabbi, gun rights oppression, voting prizes, gun lawyer nomination. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. Well, folks, I’m proud to say that Gun Lawyer has been nominated for Podcast of the Year by The Gundies. And The Gundies, it’s a really cool awards program in which they look to honor various voices and those who are influencers and writers regarding our precious Second Amendment rights. This is an honor, and I’m very proud to be nominated. And what I’m doing now is I am shamelessly asking for your vote, because with The Gundies, it’s you who vote. If you go to thegundies.com, www.TheGundies.com, thegundies.com, you’ll see there are 19 different categories for different things — influencer, writer, all kinds of stuff. And on there is Podcast of the Year. Please go there and vote for Gun Lawyer for Podcast of the Year. Evan Nappen 01:42 And by doing that, not only will you help promote the show, but because we focus on these horrible problems, particularly with a centered focus on New Jersey, because New Jersey is just where the brunt of the Second Amendment oppression takes place. This will help bring greater awareness nationally to our cause, to our fight against gun rights oppression. So, we can win Podcast of the Year nationally and more people will pay attention to New Jersey and what Gun Lawyer has to say. And if you vote, you can actually win prizes. They give prizes to folks, you know, randomly, who vote. Voting closes December 15. Okay? You can vote one vote per category every day. So, vote for Gun Lawyer every day. Okay? You can do it once a day. Evan Nappen 02:47 If you vote in all 19 categories, if you pick in all 19 categories, and it’s all free, by the way, and if you watch a video at the bottom of the page, you earn an extra vote for every category that day. There are prizes. Every time you vote, you’re automatically entered to win. And the grand prize is an all expense paid trip to The Gundy Awards, which takes place in Las Vegas. And in each category, there are Page – 1 – of 11 sponsors that have prizes. So, this is exciting and fun, and, you know, it would mean something to me and Teddy, if you would be so kind as to jump on thegundies.com and vote for Gun Lawyer. Evan Nappen 03:31 I would also highly recommend our good friend, John Petrolino, for top 2A writer. You know, John is just great, and man, does he cover New Jersey and so many other things as well. He’s such an in-depth great reporter, and he’s brought so many of these great issues to the forefront. You know, we’ve talked about a lot of the great work that John has done. So, give John a vote in the top 2A writer category. And, of course, our good friends at WeShoot, they were also put out there for Firearms Instructor of the Year. And I would ask you to consider the Tactical Rabbi, that’s right, Tactical Rabbi for Firearms Instructor of the Year, and Bul Armory for the Most Innovative Brand of the Year. So, there’s four of the categories with some suggestions. And so, if you’re inclined to do so, please jump on this. We have till December 15, and hopefully this will be successful. It will be a lot of fun for you, and maybe you’ll even win some prizes by doing it. Teddy Nappen 04:49 I will also say to everyone voting for us, for Gun Lawyer, it is critical, because we need to give national awareness. I don’t think people outside of New Jersey realize the damage that the Gun Owner Gulag has created, and New Jersey is the petri dish. This is where they test all their crazy nonsense. Evan Nappen 05:13 New Jersey is a gun owners hell. Teddy Nappen 05:14 Correct. Evan Nappen 05:15 New Jersey is a gun owners hell. I wish The Gundy’s had an award for, you know, worst state. You know, greatest gun owner hell. New Jersey would win that every year. Teddy Nappen 05:26 Anti-gunner of the year. Anti-gunner. Evan Nappen 05:28 No. Gun rights oppressionists award. The Top Gun Rights oppressionist state. It is crazy, but this is actually a positive award. So, they look to get the voices and the folks out there that are all going to bat for our rights. And everybody who’s nominated, I want to congratulate all the nominees across the board. They’re all out there, spreading the word, fighting the lame-stream media, and trying to get past the agenda that the anti-gunners try to control and their lies that they put out to get us disenfranchised of our rights. It really is a battle that we’re in, and this is yet another tool in that battle. So, go to TheGundies.com and give us your vote. Make your voice heard. Page – 2 – of 11 Evan Nappen 06:23 Say, you know, one of the things I wanted to talk about, and it’s something that comes up a lot. And every once in a while, I think it really pays to do this. I want to talk about the so-called intrinsically evil “assault firearms”. That’s right, you know, New Jersey has had a ban on so-called “assault firearms”, and that in its current form, it was enacted back in May of 1990 and became effective in 1991. During that one year period of time, they allowed you to render inoperable your so-called “assault firearms”, but if you did that, you had to file a Certificate of Inoperability. If you just rendered them inoperable and didn’t file the paperwork, it’s no good. It’s the same as having an actual “assault firearm”. They did allow registration of a handful of guns, which they called registration, where you could keep them. This included the AR-15 and the M1A and the M1 Carbine, but you had to pay $50 and register it. If you actually have a registered assault firearm, it allowed you to keep so-called large capacity magazines with that gun, as long as you use that gun in competition in the DCM (Director of Civilian Marksmanship), which no longer exists, by the way. It’s now the CMP (Civilian Marksmanship Program). Evan Nappen 07:55 Now, very few did that. But, of course, if you did register one of those guns, I want you to be aware of something. If back in 1990 to 91 you registered an “assault firearm”, registered “assault firearms” in New Jersey are not inheritable. Firearms normally are inheritable in New Jersey, and they pass to your heirs without any paper registration or license. But registered “assault firearms” are not inheritable. So, if you have a registered “assault firearm” and you don’t want to just lose it to the State, you may want to think about disposing of it sooner rather than later. So that it is something that is just not a loss to the estate. Now, if you have an unregistered “assault firearm”, well that is inheritable. Believe it or not, only registered assault firearms are not inheritable. Evan Nappen 08:18 Of course, you may say, well, how can a unregistered “assault firearm” be legal for inheritance? Well, first of all, if you rendered it inoperable, that’s not registration. So, those guns are inheritable. And if you stored your “assault firearm” outside of New Jersey and didn’t register it, then it can be inherited by your heirs. Now, they can’t bring it into New Jersey either, but they can, in fact, inherit it. So, it’s only registered “assault firearms” that are not inheritable. The “assault firearm” law is just full of quirky, bizarre garbage like this. And it is insanity. As far as a law being written, its one of the worst-written criminal laws ever written. Absolutely. It is essentially beyond complete comprehension. Evan Nappen 09:51 It is a very complicated and often contradictory, five-part definition of what is supposedly an “assault firearm”. And the reason it’s so complicated is that they really can’t be defined, because “assault firearm” is just a pejorative term. The original assault rifle, if you will, the assault rifle, you know, is the German Sturmgewehr. And that assault rifle was full automatic fire and semi auto. So, it was a select- fire weapon. So, assault firearms are not assault rifles and assault weapons, which you may have heard that term assault weapon, is what the Federal law at one point banned back in 1994. But that law went away in 2004, and it hasn’t come back. So, the Federal assault weapon ban has been DOA since 2004. New Jersey still has an assault firearm law, and neither of those are assault rifles, of which the traditional classic Sturmgeweher, a medium caliber firearm that would be select fire. Page – 3 – of 11 Evan Nappen 11:09 So, what New Jersey did was contrive this definition with this complicated five parts. The first part is a laundry list of about 67 named guns. Now, of these named guns, some of them I’ve never even encountered in the wild. Okay? I’ve never even seen some of these that are on this list, and some, I think, are just made up. Maybe they like read it on the internet somewhere and thought it qualified as an “assault firearm”. But if your gun is a named gun on the list, then it becomes banned by name. Then if it’s not on the list or it’s not exactly as named on the list, then the other part of the law identified any firearm manufactured under any designation which is substantially identical to any of the firearms on the list. Evan Nappen 12:07 So, the question became, well, what does “substantially identical” mean? I mean, even think about those two words for a minute – substantially identical. Well, identical means exact. Substantial means almost. How could something be almost exact? It’s like being a little bit pregnant. I mean, you are or you’re not. I mean, this is ridiculous. You now have to guess, when this law came out, is my gun substantially id
  Episode 266-NJ Target-rich for DOJ Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 266 Transcript SUMMARY KEYWORDS Second Amendment, gun rights, Justice Department, civil rights, New Jersey, institutionalized racism, carry permits, mental health disqualifiers, unlawful possession, extreme risk protection orders, national reciprocity, gun laws, Second Amendment oppression, gun rights office, gun lawyer. 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. So, here’s an exciting bit of news, and that is that the, and this is, by the way, from Reuters, the “US Justice Department plans gun rights office within Civil Rights unit”. (https://www.reuters.com/legal/government/us-justice-department-plans-gun-rights-office-within-civil- rights-unit-2025-11-25/) This is a long time in coming, my friends. According to the article, it says the Justice Department plans to expand gun rights protections with a new office in its civil rights division dedicated to enforcing the U.S. constitutional right to bear arms. The office is called the Second Amendment Rights Section, and expects to open on December 4, and it will be dedicated to investigating local laws or policies limiting gun rights. Oh, my God, New Jersey is a target-rich environment. I think this section could dedicate itself full time just to bringing civil rights charges against New Jersey. The article further states here that the section intends to execute the broad policy directions from a February executive order issued by President Trump directing Bondi to comb the entire U.S. government to assess any ongoing infringements of gun rights. So now they’re going to be looking even closer at localities. Evan Nappen 02:11 Now, apparently, very interestingly, earlier this year, by the way, there was a civil rights investigation launched by the DOJ against the LA Sheriff’s Department who were slow walking approvals for concealed carry permits, and gun rights groups launched a lawsuit over that department’s process fees and wait times. Well, good grief. If you want to see slow walking, just look at New Jersey. Look how long they get to take on issuing licenses for us to exercise our Constitutional rights. Now I’ve just come up with, right away, six key areas I’d love for the civil rights section to look at, and if they are listening, I’d be happy to speak for free, to advise in any capacity along these lines of my knowledge of New Page – 1 – of 11 Jersey gun law and what New Jerseyans have been suffering for years at the hands of the Second Amendment oppressionists. Evan Nappen 03:32 Let’s take a look at just a short list of maybe a half dozen issues that are out there in New Jersey that need to be investigated for civil rights violations. Number one, we have documented institutionalized racism. So, this blends the traditional civil rights investigations into racism with the new sections dedication to the Second Amendment. The actual data of the institutionalized racism is out there and provided by none other than the New Jersey Attorney General. In terms of carry licensing, in terms of gun licensing, the denial rate for blacks, utilizing what I call the all inclusive miscellaneous weasel clause, which is officially known as “public health, safety, and welfare”. This is the vague disqualifier found under our gun licensing law under N.J.S. 2C:58-3c., which is the standard applied to every gun license in New Jersey, whether it’s a Firearms ID Card, Pistol Purchase Permit or Permit to Carry a Handgun. And what is discovered here is that blacks are denied more than two and a half times to whites under that provision, folks. Evan Nappen 05:17 We’re not even talking any other disqualifiers where there are higher ratios of, you know, per se disqualifiers like felony convictions and all that. We’re not even including that institutionalized racism, which gets even to another level. We’re just talking about abuse of the arbitrary, subjective standard by issuing authorities in New Jersey to have data, demonstrable data, of racism. Here’s something that they can jump on to go after — public health, safety, and welfare. That arbitrary and subjective requirement needs to go. It is the key area of abuse. And yes, it’s applied disproportionately to minorities, but it also is applied arbitrarily to thousands of New Jersey gun owners who wish to lawfully exercise their Second Amendment rights. So, that is an excellent area for this civil rights division to examine. Evan Nappen 06:36 Additionally, New Jersey has disqualifiers that go beyond and questions that go beyond anything else out there, particularly under federal law. New Jersey asks, have you ever been treated or observed for any physical or mental condition? So, if you’ve just seen a psychiatrist, now that’s questioned on the form. And now you have to pay to hopefully find a doctor who’s not a coward, who’s willing to say, even though they know in their professional opinion, you’re safe for guns, but they have to take on that liability and be willing to say that you are safe for firearms, for you to exercise your Second Amendment rights simply because you were treated or observed for a mental condition. Even further under the Carry Killer bill, not only are involuntary mental health commitments a per se disqualifier, but in New Jersey, voluntary commitments, if you voluntarily went to get some help, you now have to get a mental health expungement of those records. Evan Nappen 07:55 And folks, that is not an easy thing to do. It costs thousands of dollars and lots of legal time. We have to file a court action to get a mental health expungement, and you need a doctor’s report to accompany that, that you have to pay for to get a mental health expungement. And we’re talking here about a voluntary commitment, no less touching even upon involuntary commitment. This causes enormous Page – 2 – of 11 problems, an enormous expense burden. It’s another outrage. The whole abuse regarding psychological treatment being turned into a disqualifier is another tool of the Second Amendment oppressionists to stop the lawful exercise of Second Amendment rights. Evan Nappen 08:54 How about examining New Jersey’s absolutely insane, draconian extreme, beyond belief, penalties for simple charges of unlawful possession. And look, you might say, well, no one should unlawfully possess, and this is the game that they play. But in reality, the exemptions are so narrow that if you’re in any way outside them, you can become a victim of New Jersey gun laws. If you’re charged with unlawful possession of a handgun because you went to your friend’s house with the gun and you didn’t have a carry permit. If you brought it empty, unloaded in the box, just to show them, and your friend even wanted you to bring it over to show it to him. Well, there’s no exemption that allows for that. You get charged with unlawful possession of a handgun. You’re looking at a Second Degree, felony level offense. It carries up to 10 years in State Prison and has a minimum mandatory three and a half years, with no chance of parole, and there is no exception. If you get convicted of unlawful possession of a handgun, the judge’s hands are tied. You get hit with this draconian, extreme, insane penalty regardless of the circumstances surrounding your unlawful possession. Evan Nappen 10:31 And it doesn’t just end there, because the beginning part is when you’re charged with it. You are thrown in the Gun Owner Gulag. And what is that? That’s where New Jersey got rid of cash bails. You’re going to spend probably a week before we have any chance of even getting you out on a hearing to try to stop your pretrial detention, where as a routine by these Prosecutors Offices, as a policy of the prosecutor’s offices, they routinely seek pretrial detention on any gun charge. To hold you in jail until your trial for a simple mistake, a possessory offense. It is an outrage and an abuse of our right to a reasonable bail as well as our Second Amendment rights, and it is weaponizing the bail system with cashless bails against gun owners. And they want to make that even worse, my friends. Make it even worse by a law that’s already passed half the legislature to make it that any firearm offense has a presumption against release. This means if you’re simply charged with any firearm offense, you will have to stay locked up until your trial or until your matter gets resolved. This needs civil rights action now. How about another one. Teddy Nappen 12:09 I would add. Evan Nappen 12:10 Go ahead, Teddy. Teddy Nappen 12:11 I want them to go after the “Safe Office”, that weaponized political prosecution unit that they have set up to go after gun shops. To basically sue our rights into oblivion, creating the actual gun deserts that they’re trying to create. Just malicious prosecution. And then the back that way. Page – 3 – of 11 Teddy Nappen 12:35 How they’re trying to register gun accessories and parts or gun-related products. Evan Nappen 12:35 You’re right. Evan Nappen 12:42 By abusing the consumer protection laws. This agency itself is a civil rights violation of the Second Amendment, and that’s what they’re designed to do. To have a back door, to try to get past PLCAA, Protection of Lawful Commerce in Arms Act, to try to go after the gun dealers. To take full advantage, under the guise of consumer protection, to create requirements and elimination of gun dealers. And you’re absolutely right, Teddy. That’s another area for this civil rights division to seriously look at, bringing an action to try to take that down. I’ll tell you another one. Red Flag in New Jersey. What is the ERPOs. The Extreme Risk Protection Order, which begins as a TERPO, a Temporary Extreme Risk Protection Order. Here’s the starting point for that. There is no due process up front. Zero
  Episode 265-Gun Control… Now With Wi-Fi Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 265 Transcript SUMMARY KEYWORDS Glock switches, Second Amendment, machine gun, V series, full auto, semi auto, NFA, AI technology, Wi Fi surveillance, gun control, carry permits, New Jersey, gun law, self defense, legalization. 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. So, you may have been seeing in the news all the hyper activity about Glock switches. And, you know, for those of you who aren’t familiar with a Glock switch, it’s a device that can be easily 3D printed that can be put on the back of a Glock slide. This allows you, by flicking a switch, to make the semi-automatic Glock pistol into a fully-automatic Glock pistol. Now, just the switch itself, if you possess just the switch, is considered a machine gun, and you can face 10 years in federal prison and all of that fun. And not to mention the state law charges as well. But you see, the Second Amendment oppression gang has taken this issue of Glock switches, you know, things produced by essentially criminals who are printing these up, procuring them, and the actual criminals getting caught with Glocks having these Glock switches, and they’ve decided, hey, we can blame Glock for illegal conversions of their gun. Evan Nappen 01:54 So, this is their new gambit to go after, essentially, the modern polymer handguns of multiple types, even by going at their ability to be converted by use of a totally prohibited and illegal device that is used by criminals and created by criminals and criminally possessed and criminally sold. But somehow that is Glocks fault, you see. So, this is the twisted world that we live in. And Glock recently, as some of you may know, discontinued their models to come out with the new V Series. And the new V Series eliminates the slide the way it was constructed, so that the Glock switch can function in the back of that slide. Okay? They changed their design, in effect, to either try to subvert the litigation from the Second Amendment oppression folks, or to try to address this issue in a mechanical way. Whatever some people think they’re, they’re rolling over, but it’s probably more along the line of a corporate decision making based on what they’re facing. Whatever the basis or reason is, I don’t know. But the bottom line is, they’ve changed their models. They have the V system coming out, which cannot use these traditional Glock switches, and lo and behold, the V’s have just hit the market. They’re out there. And guess what is now out there for the V Series? That’s right, a new Glock switch. A new Glock switch that Page – 1 – of 12makes the V Series supposedly to rock and roll. So, you know, technology constantly gets defeated if you have criminals wanting to do so. And this is just going to be an endless game of what? Re- modification to a new type of switch to another new type? I mean, it just gets to the point of silliness. Teddy Nappen 04:14 It’s very funny, too, because the meme going around is life finds a way. Evan Nappen 04:21 Yeah, life finds a way. Teddy Nappen 04:23 Life finds a way. Evan Nappen 04:24 Well, here’s, but I have the solution to the entire Glock switch issue, to the whole issue of, you know, modifying firearms into full auto and all of that. It’s real simple. We need to just legalize full auto. I mean, it’s really simple. Then it wouldn’t be an issue. Then if you want to have a Glock that has a Glock switch, if you want to have a Glock 18 that’s factory switchable, fine. If you want to have one. You see, here’s the problem. You see, it has been constructed as an argument by the oppressionists going all the way back to the 1934 Machine Gun Act, the NFA, somehow distinguishing semi- automatic from fully-automatic. And we even see the pro 2A folks, you know, try to make that distinction. Say, look, you know, my semi-auto isn’t a machine gun. It’s semi-automatic. And the antis say, well, you know, it’s easily converted or whatever. Or semis can be just as bad. So, we need to ban semi-automatics. Evan Nappen 05:39 And then you fall into that trap. It’s a trap because, folks, let’s be honest. What’s the difference between fully-automatic and semi-automatic? It’s real simple. With semi-automatic, you pull the trigger for each shot. With fully-automatic, you hold the trigger and the shots all fire. Okay, big effing deal. You’re still shooting the same bullets. You’re still firing the same gun, and you’re still blasting them out. The only difference is you don’t have to pull the trigger for each shot. Oh, my God. Okay? It’s really a phony baloney difference. We shouldn’t tolerate the difference, and machine guns shouldn’t be prohibited. It’s that simple. It is a crap distinction. Who cares if the rounds come out because you have to pull the trigger for each shot or hold the trigger for all the shots. Does it really matter? Come on. So, this whole development of this distinction is now being utilized by the anti-gunners to try to ban handguns, folks. To ban semi-auto handguns because of the artificial nature of that distinction. Evan Nappen 07:10 And we, as Pro-Second Amendment rights folks, need to break out of this and just say, legalize full auto, legalize semi, legalize pump, lever, whatever. There’s no distinguishment upon actions of a firearm. None. If it shoots, it’s a gun. We have a right to have it. Who cares how much lead it spews by whether you pull the trigger or hold the trigger. It’s just stupid. I don’t want to play on their playing field. I don’t want to accept this artificial distinction that we never should have accepted to begin with. And by the way, the original NFA, the original law from ’34 was a ban on both semi- automatic and fully- Page – 2 – of 12automatic firearms, and it evolved through the committee hearings so that semi-automatics were okay and full auto became the prohibited version. But that distinction was stupid then, and it’s stupid now. Evan Nappen 08:26 Maybe it was a way to somehow pass gun control national where, even at the time, the NRA said, we’ve solved the gun control problem for the country by having this wonderful National Firearm Act there. Look, the NRA was naive. And I’m not bashing NRA, okay? Not doing that. I’m just saying back then, maybe they thought it was the way to play it. But look, we’ve learned since then, okay? It’s not. And we’ve got to not accept it. We need the NFA gone. We should have the right to machine guns, suppressors, you name it, any other weapon. That federal law needs to go, and we need to quit the phony baloney nonsense of trying to distinguish between semi-auto and full-auto. Teddy Nappen 09:14 I will say, just kind of, I always look to the segment as to look at history. Right after World War Two, you had every soldier coming home and what was the thing they were holding? Grease guns, Thompson’s. All of them were coming home saying, like, hell yeah, that machine gun was fantastic. Evan Nappen 09:34 It saved my ass. Saved my ass. That’s right. Teddy Nappen 09:37 They had a chance. Evan Nappen 09:37 They had the opportunity. They could have. Teddy Nappen 09:41 All these people could have said. Evan Nappen 09:42 Right! Teddy Nappen 09:42 Hell, yeah, I want my machine gun. I say, it saved my ass. Evan Nappen 09:46 Why not? Teddy Nappen 09:47 True. It saved my troops. What happened? Evan Nappen 09:50 Right! Page – 3 – of 12Teddy Nappen 09:50 And they blew it. And now, Evan Nappen 09:52 Well, they were naive. They didn’t realize that opportunity, and it passed. Well, we have a new opportunity. Now is a new opportunity, especially as we’re attacking NFA with the big, beautiful lawsuit at least. Going at now that the taxes have been removed from everything except on machine guns. But if we can win getting rid of the NFA by simply having the tax removed, then the next reconciliation bill, we can remove the tax on machine guns, and machine guns will be legal, too. So, we have a pathway here to actually achieving this, and we’ll have to see. Evan Nappen 10:32 But you know, Teddy, I saw this article that’s very disturbing, because it has some serious, serious ramifications for technology and guns. This is from Zero Hedge. And the article is entitled, “Pennsylvania School District Using AI-Enabled Wi-Fi To Search Students For Firearms.” This article is from November 18, 2025, by Tyler Durden. (https://www.zerohedge.com/technology/pennsylvania- school-district-using-ai-enabled-wi-fi-search-students-firearms) And what he says in this article is very scary, okay? Very scary. Not just because of what’s going on with schools, but the actual ramifications of this. Listen to this. Pennsylvania school district is using artificial intelligence to keep guns off the campus, and the way they’re doing it, this new technology combines AI and Wi-Fi. And the way it works is spooky, because AI harnesses the district’s Wi-Fi signal to determine whether people are carrying weapons as they enter schools. Get a load of that, folks. Did you know that Wi-Fi signals can be harnessed to determine whether somebody is carrying a weapon or not? They have this technology, folks, and this school is using it. Evan Nappen 12:06 The technology was developed by CurvePoint of Pittsburgh, and it grew out of AI research from Carnegie Mellon University. And according to the company, Wi-AI uses spatial intelligence to find weapons, such as guns, before they enter a school. The AI system analyzes space and detects where potential weapons are located by interpreting how Wi- Fi signals reflect off people and objects. Let that sink in. Do you think they’re going to keep that technology just on schools? And look, it’s a question whether they should even have it in schools. There’s Fourth Amendment and all kinds of privacy issues. I get it, bu
  Episode 264-Just How F’d up is New Jersey Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 264 Transcript SUMMARY KEYWORDS New Jersey gun laws, Second Amendment, gun ownership, permit system, disqualifiers, red flag laws, extreme risk protection order, duty to warn, sensitive places, gun seizure, gun rights, gun safety, gun legislation, gun advocacy, gun rights groups. SPEAKERS Speaker 1, Teddy Nappen, Evan Nappen, Speaker 2 Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. So, not too long ago, I was on a trip and met some folks, not from New Jersey. They were from part of Free America, so to speak. I might call them Bennies. Well, I’m talking Free America, not even Bennies, but you know, places where they have Constitutional carry and where the Second Amendment is not focused for oppression, but, in fact, focused on trying to maximize and protect Second Amendment rights. And one of the things that was brought up to me by the other folks is, you know, they’ve heard New Jersey is bad on guns, right? The reputation of New Jersey has spread throughout America and actually beyond America, for that matter. And they wanted to know, in so many words, just how effed up is New Jersey. And I decided, you know, not only did I explain to them just how effed up New Jersey is, but I realized that this is something that really needs to be stated and talked about. Evan Nappen 01:48 I wanted to spend this part of the show on that very topic. Just how effed up New Jersey is. I mean, I know we live and deal with the BS of New Jersey and their Second Amendment oppression. And we constantly are talking about the issues that occur. But you know, for those that might not fully understand it or even see the big picture of just how effed up New Jersey is, I want to paint that. I want to lay that out here, and that’s what I’m going to do in the same way as these folks asked me that question. I wanted to fully explain it to them, because they really wanted to know in a more detailed understanding from somebody who has spent their adult life battling New Jersey’s Second Amendment oppression and dealing with the realities of a state that hates guns and hates gun owners. So, that’s the basic starting point. Page – 1 – of 13 Evan Nappen 02:55 But anyway, let’s talk about our issue, though, about guns. So, they hate guns, and they hate gun owners. They’ve done everything in their power to try to continue that hate and make it have force and effect on us. So, how do they do that? Well, first, they establish an attitude and an agenda. So, the attitude and the agenda is to disenfranchise as many people as they can from their gun rights. Set up a system to do that. Steal as many guns from people, as you can, based on any mechanism they can invent to take them. Go after the industry and the folks that are lawful dealers and suppliers. Make and turn gun owners in a projection of being crazy, of being killers, of being individuals that are a detriment and a danger to everyone and society. And so, they put that as their base, and they promote it in every possible way they can. Evan Nappen 02:55 You have to first understand that before you even talk about the specific areas of New Jersey and just how bad they are. You have to understand that there’s a baseline, and the baseline is New Jersey hates guns and New Jersey hates gun owners. And you have to accept that. Now, you may not believe it. You may try to say, no, no. They’re misguided, or they’re well intentioned and all. But, you know, I’ve come to really understand, folks, that that’s not the case. It is hatred based. It is based in hate. And much of the Left’s policies are based in hate. I mean, you see it. They’re hate driven people. I mean, they are. They’re hate driven and we, as conservatives and Republicans, actually try to be love driven, honestly. We try to love freedom and love our fellow humans. Try to love, you know, the unborn, try to love. We try to put out love, and the other side puts out hate primarily. And yet, they try to paint us as the haters, but that’s because they’re experts in projection. Evan Nappen 03:13 So, let’s start by taking a look at the gun laws themselves. The first thing they want to do is create a system where you have the most onerous requirements to even become a gun owner that they can possibly get away with. So, in order to do that, well, we’ll start with having permit and licensing systems. So, you know, we can always, oh, look, having a gun license is reasonable. Having a permit is reasonable. We just want to make sure people that have firearms are safe. And, you know, they sell the standard reasonableness to sell their extremism. Okay, so they do that. New Jersey has a permit system that is outrageous in the questions that it asks, the depths that it will go, and the hoops that individuals must jump through in order to lawfully possess firearms. Now, the amazing thing is, we put up with it, don’t we? We deal with it. We get our Firearms Purchaser ID card. We get a Pistol Purchase Permit for every handgun that we want to buy in New Jersey. We go through it. We actually not only put up with everything to get a carry permit, but we can actually finally get a carry permit. Prior to Bruen, it was virtually unobtainable. Evan Nappen 03:13 But what’s involved in getting those licenses? Well, all of the gun licenses in New Jersey, all of them, the Firearm ID Card, the Permit to Purchase and the Carry Permit, all have a base of disqualifiers under N.J.S. 2C:58-3. These are all the ways that you can be disqualified to being licensed in New Jersey. And the average person might think, oh, they just don’t want convicted felons to have guns, right? Well, of course, New Jersey prohibits felons from having guns, but not just felons. Anyone with domestic violence misdemeanors. So, they expand it to misdemeanors. Then, of course, it’s anybody Page – 2 – of 13 with a conviction from outside of New Jersey, even if it was a misdemeanor, and even if it’s not domestic violence. If it carries over one year jail outside New Jersey, then you’re prohibited in New Jersey, even though you wouldn’t be prohibited under Federal law. And if you’re convicted in New Jersey of any offense that for which was over six months, where you could have received over six months jail, you are per se disqualified. Just like a felon. Evan Nappen 04:05 So, you see, they’ve expanded the reasonable, “reasonable”, violent felon to not having to be a violent felon. Being many things other than what might traditionally be viewed as felons. And that’s just on felons. They also go through your background, and they will see if you’ve ever just simply had arrests. If you’ve been charged, even though it was dismissed. Charged – even though you were found not guilty and acquitted any of the charges. And they’ll look at the charges, you were just charged, even though you were never convicted, never found guilty. As a matter of fact, you were even acquitted. And they will still say, oh, well, you’re disqualified from having a gun license based on Public Health, Safety, and Welfare. So, that’s the all inclusive miscellaneous weasel clause that the issuing authorities get to use, so that they can hang their hat on anything they feel like, basically, and say, oh, you’re not safe to have guns because you had an arrest for some offense that you were acquitted for. But we’ve read the police report about what was alleged, and we don’t care that you were not guilty of it. We’re going to say that that makes you somehow a danger, and we see that all the time. We see the abuse of it. So, much that we have data to show that that very section is abused, even with institutionalized racism. Where blacks are more than two and a half to one to whites denied for that reason, that arbitrary public health safety reason that they can get away with anything that they pull out of their ass to try to claim is a basis to disqualify you. Evan Nappen 09:51 So, that is baked into the cake. And that’s just touching the surface. Because then any mental health commitment at all, even a voluntary one, where you just checked in because you were sad or somebody maybe passed away, or you just had a moment of anxiety, whatever, if you have any kind of mental health commitment. Then they go beyond that even commitment, and say, have you ever been treated or observed by any doctor or psychiatrist for any mental or physical treatment, now that becomes a bar or a potential bar to you exercising your Second Amendment rights. All this is baked into 58-3. This is the standard that applies to all the licenses, and these are just a few of the disqualifiers. If you have a restraining order on you, or have ever had one, then they look and say, oh, well, look, you had unfounded restraining orders. At least the court determined that. But it doesn’t matter. You had this crazy ex-girlfriend at the time that put these on you, and we’re going to say that makes you a danger to Public Health, Safety, and Welfare. So, you get denied for that dismissed TRO. We’ve seen that over and over again. Evan Nappen 11:03 So, you have all these disqualifiers in New Jersey. Are you an unlawful user of any kind of drugs? Even though New Jersey has legalized marijuana, the Feds create a problem that creates a conflict there. And then, New Jersey will sometimes even jump on it weirdly and say, well, yeah, you’re using legal marijuana. New Jersey says it’s legal, but we’ll deny you, because the feds say that you can’t. So we say you can’t, too, even though we say you can in the state. What is that? That’s just insanity. And Page – 3 – of 13 again, we’ve run into that. I mean, it goes to a situation of New Jersey knows no bounds when it comes just to denying you getting your gun license. And so that’s what the foundation for just getting your ability to purchase. Go a
  Episode 263-The Recipe for Freedom Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 263 Transcript SUMMARY KEYWORDS Second Amendment, First Amendment, gun rights, UK gun laws, gunpowder recipe, terrorism, extended license, Serious Crime Prevention order, New Jersey gun laws, Black Books, improvised munitions, school shootings, armed teachers, gun control, gun owner rights. SPEAKERS Speaker 1, Speaker 2, Evan Nappen, Teddy Nappen Evan Nappen 00:14 I’m Evan Nappen. Teddy Nappen 00:16 And I’m Teddy Nappen. Evan Nappen 00:17 And welcome to Gun Lawyer. Folks, we need to get back to basics. When I talk about basics, I’m talking about our basic Constitutional rights. It’s really always important to step back and understand that the entire Bill of Rights is what protects us as gun owners. We love and cherish the Second Amendment, but all the Amendments go to work protecting us, and ultimately our gun rights as well. And directly tied in is, of course, our First Amendment rights. Freedom of speech. The ability to communicate, as we do on the show. Fourth Amendment, protecting our property, search and seizure from the Government. Fifth Amendment against self-crimination. Sixth Amendment, for example, right to an attorney. The very thing that Gun Lawyer is about. These are all critical and important. Evan Nappen 01:12 And every time I look and I see other countries that aren’t blessed with a Bill of Rights to the Constitution and you see the abuse that takes place, you just have to point it out. Because we are blessed to live in the United States and to have these rights. And to not only have these rights, but to utilize these rights. So, I just caught a story here that I want to share with you. This is from Bearing Arms, and it is about, the title is “UK Man Arrested for Possessing Gun Powder Recipe”. It’s by Tom Knighton. (https://bearingarms.com/tomknighton/2025/11/04/uk-man-arrested-for-possessing- gunpowder-recipe-n1230487) And you know, this article is based off an article that appeared in the UK Defense Journal by Craig Langford, and it was dated November 2. (https://ukdefencejournal.org.uk/leeds-man-jailed-for-possessing-gunpowder-recipe/) Evan Nappen 02:08 Get a load of this, folks. The UK has gone so far out of control when it comes to no even illusion of having the rights that you and I take for granted every day. Here is just a great example of it, and right Page – 1 – of 10from this article. It says a 49 year old man from Leeds has been sentenced to three years and nine months in prison for possessing a handwritten recipe for gun powder. That’s right. Teddy Nappen 02:48 Was his name Guy Fawkes? Evan Nappen 02:51 That’s a good one, Teddy. But it was just a recipe for gun powder, and he was sentenced here, because he’s going to serve an additional four years on extended license. I guess it’s like a probation as well after or parole. I’m not a UK attorney. But then he will be subject to Serious Crime Prevention Order for five years. So, he has this other order hanging over his head as well, along with terrorism notification requirements for 10 years. Because he admitted, this guy, (Paul) Gilleard, admitted to possessing information likely to be useful, useful, to someone committing or preparing an act of terrorism Under Section 58 of the Terrorism Act. The document was discovered at his home during an intelligence-led search by West Yorkshire Police on May 28. Detective Chief Superintendent James Dunkerley, head of Counter Terrorism, in a statement, said officers were concerned to discover a handwritten recipe for black powder during a search of Gilleard’s home in May. A recipe, later verified by experts as potentially viable. Can you believe this, folks? And then the chief added, possessing information about the manufacture of explosives will always raise serious questions. And Gilleard has chosen not to explain or defend the presence of the recipe in his home. Instead, he pleaded guilty to possessing information useful to a person preparing for an act of terrorism. Can you believe this? Evan Nappen 04:49 I mean, look at the lack of rights in the UK. First of all, lack of rights concerning possession of information, folks. We have a First Amendment right. If you want to possess the recipe, the information on how to make gunpowder, you may do so in the U.S. You can go online right now, go to wiki How. It explains in detail how to make gunpowder. You can watch the damn Star Trek episode with Kirk, where he’s fighting that monster and actually makes gunpowder in the episode, remember that one? I mean, come on. The recipe for gunpowder is criminalized by having just the knowledge? It didn’t say he did anything. It didn’t say he was charged with using it or even attempting to use it. Just having the information, folks. Criminalizing information. Evan Nappen 05:51 You may say, well, good thing that can’t happen here. Yet, New Jersey is already doing it. Not to this extreme, but doing it. By banning information that can show, computer information, on how to build a firearm. On how to make or 3D printed gun. The mere possession of that data. So, don’t think it can’t happen here to this extreme. It can. Furthermore, he (Gilleard) is being convicted here. This is right from the article. According to the Chief, because what does it say? Gilleard has chosen not to explain or defend the presence of the recipe. Oh, we have this little thing in America called the Fifth Amendment, a right. You have no obligation to explain crap in America. You don’t have to explain a thing. If you want to have the recipe for gunpowder, you can have the recipe for gunpowder. You don’t have to explain why you have it. Can you imagine this is what these people live under in that police state? It is insane. Page – 2 – of 10Evan Nappen 07:06 And yet we are right on the fringes now of suffering under the same fate. We already see examples of it, just not to this extreme. We’re seeing the weaponization of our justice system against gun owners. We’re seeing the abuses. Let me just tell you, it’s outrageous. But you know, there’s a lot of good reason to have the recipe for gunpowder. Plenty of good reasons. Maybe you want to make your own gunpowder for muzzle loading. So what? Maybe you want to be a prepper? In case this stuff one day hits a fan. Maybe you want to make it. There’s plenty of lawful reasons you may want to make gunpowder. I mean, but you don’t have to have an obligation to explain it. And maybe you don’t want to make it, but you just want to know how, in case you ever do. Imagine that? Or maybe you want it because you want to write a novel, or you want to write a book, or you want to understand the mechanics of it. Who cares? Knowledge is knowledge. It’s one of the things about having that First Amendment. It’s supposed to protect. And you know, there’s a lot of really fascinating information out there that as gun owners and folks that want to protect their rights and want to prep and prepare, there is really a lot of books out there that, essentially, they try to suppress, but they can’t, because we have the First Amendment right. Teddy Nappen 08:38 I will say it, this also kind of reminds me. There was, I think, it was a Supreme Court case where, I think it was a newspaper that put out how to make an atomic bomb. That was their whole and it was a very famous. I’m trying to remember the name, but it was the push where they basically outlined how to do it. And then they went after the newspaper. (https://firstamendment.mtsu.edu/article/united-states-v- progressive-inc-w-d-wis/) And the argument, one of the arguments, was it seemed highly unrealistic for someone to create an atomic bomb. So, I don’t know if they would ever try to use that and say, well, it’s really realistic because it’s super easy. So, I don’t know if that would at least protect or provide some safeguards. Evan Nappen 09:20 The hard part, of course, is getting the uranium. Except, if you remember from Back to the Future, the Libyans, right? The Libyans. Because they had it. But what this is, yeah. So, I mean, the science of building an atomic bomb even is known. It is out there, but, you know, doing it is a whole other thing. And anyway, I’m not even talking about weapons of mass destruction. We’re just talking about good old gunpowder here. Just gunpowder and criminalizing knowledge. Years in prison for simply having the recipe for gunpowder. I mean, that’s just insane, if you think about it. But yet, New Jersey is not that far from that. And that’s the scary part. It really is. I mean, they have, there are laws on the books now in New Jersey that regulate firearm information. Regulate it to the degree of what you can literally have and download and possess in that data form. Now, so far, they haven’t extended it to printed material. And of course, when you have a printed book, it’s not in data form. Now, you can, of course, go online, and you can find all this information online very easily. How to make gunpowder like right there in wiki How. All the steps right in wiki How. Everything you need to know to make gunpowder right there, in easy to read, easy to understand steps. Evan Nappen 10:52 But there were books that have been prevalent out there. Probably some of the best books were the “Improvised Munitions: Black Books”. Now, keep in mind, these books were originally made by the U.S. Page – 3 – of 10Government, the Frankfurt Arsenal. Desert Publications reprinted them, and they put them out. Desert Publications are probably the best versions of the Frankfurt Arsenal Government manuals, and these were “Improvised Munitions: Black Books”. They literally tell you how to make gunpowder, how to make primers, how to make guns, how to make explosives, how to make everything, all that. Everything’s in those books. How to do it, how to do it by improvising to make them. This is U.S. Government material out there because it’
  Episode 262-The Ballot is Stronger than the Bullet Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 262 Transcript SUMMARY KEYWORDS New Jersey governor’s race, Second Amendment, gun rights, voting importance, anti-gun organizations, NRA rating, gun laws, self-defense, AI security issues, Glock discontinuation, firearm safety, gun ownership, election integrity, gun rights advocacy, firearm legislation. 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, I’m happy to be back. Teddy Nappen 00:26 You’re alive. Evan Nappen 00:27 I’m alive. I had a nice getaway to Italy and other countries in the Mediterranean where I was able to walk where the ancients walked and enjoy that, that area. Man, I’ll tell you one thing they got right there is espresso. Oh, boy! Do they have espresso down right. I love that. But anyway, I also came back with a little cold, as you can tell. So, I’m gonna be talking a little bit funny today. Teddy Nappen 01:05 Apparelty, you smoked too many Cuban cigars. Evan Nappen 01:12 Well, gotta do what you gotta do. Luckily, it didn’t happen till I got back. So, yeah, we did go up to Mount Aetna there, and both the mountain and I were smoking. That was pretty good. You know, there’s a very interesting and mind expanding things that I’ll be talking about on the show, particularly regarding weapons and things happening from the ancients that apply to today. And I’m sure we’ll get into some of those things in later shows. But today, it’s very important, because the ballot is stronger than the bullet. And do you know who said that? I’ll tell you who said that. Abraham Lincoln said the ballot is stronger than the bullet, and he’s right, it is. We are now dealing with that very scenario in New Jersey, because we have this critical Governor’s race taking place between (Jack) Ciattarelli (R) and Page – 1 – of 10(Mikie) Sherril (D). And it couldn’t be any starker in the differences when it comes to the Second Amendment. Evan Nappen 01:12 Yeah, that didn’t help. That didn’t help. But hey. Teddy Nappen 01:14 Too many Cuban cigars. Evan Nappen 02:36 The Democrat, Sherrill, not surprisingly, is, of course, a Second Amendment oppressionist. You know, looking to oppress our rights to continue in the Murphy tradition of Second Amendment oppression. And on the other side, we have Ciattarelli, who is a strong supporter of the Second Amendment. We can see a night and day difference. So, in case you didn’t know, it is critical to get out and vote. Please make sure that you vote. I know you hear it all the time and maybe get sick of hearing it. But I cannot emphasize how important this opportunity is. We now have a chance to turn New Jersey around. We’ve been suffering oppression under Murphy for years and now is an opportunity to turn that around. And let me tell you, we have a great shot at doing it. Evan Nappen 03:46 First of all, you need to know that Sherril, the Democrat, has been endorsed by every major anti-gun, you know, gun rights oppression organization, including Every Town for Gun Safety. Yeah, right. Moms Demand Action, Giffords pack, and the Brady pack, just to name some of the folks that are backing her candidacy. And that should tell you just about everything you need to know. She’s come out and made statements about folks carrying firearms. Finding it unconscionable in terms of untrained and unchecked individuals carrying. Well, that is hardly what New Jersey is. As a matter of fact, it’s the opposite. They are thoroughly and completely vetted and trained. In which, in order to even get a permit to carry, you have to pass CCARE and prove your proficiency and training along with knowledge of use of force. All of the above. So, she has no clue other than following the oppressionists’ agenda, and she has, not surprisingly, earned an “F” rating from the NRA Political Victory Fund. And NRA has declared her a gun ban extremist. Evan Nappen 05:33 And on the other side of the coin, we have Jack (Ciattarelli), generally, who is the opposite. And remember, it’s not just his position as Governor, but he also then can have his Attorney General. And we can get rid of Platkin and his crew of gun rights oppressionists that focus on litigating firearms out of existence and pursuing every cockamamie scheme they can come up with to try to limit our Constitutional rights. This is critical. You know, about four years ago or so, when Ciattarelli ran, he only lost by about 84,000 votes, and he is coming on strong now. He has tremendous momentum, and I believe that the gun rights issue will be one of the major things that can help put him over the top. If gun owners would not be apathetic and actually get their asses out and vote, we can help to take our rights back. It is critical. Please, please, please. Make sure that you do your part. This is an opportunity. How many times do I hear gun owners say to me, what can I do to help? What can I do to fight? What can I do? What can I do? What can I do, like that? That’s a good sentiment to want to know what you can do. Page – 2 – of 10Well, I’m telling you right now something you can do. You can vote. You can vote the good guys in. Exercise that precious right to vote. Evan Nappen 07:37 And look, folks, the Republicans have come a long way. With the fantastic leadership by President Trump and with the fantastic work done to try to preserve voter integrity, to stop the steal, to stop the fraud, President Trump was successful and probably the ultimate comeback politically of anyone ever in the history of the world. I mean, it’s just amazing what that man overcame. But he didn’t do it alone. He did it by focusing on where the problems were, and part of those problems was in our election itself. And we are now going to have monitors from the Justice Department trying to make sure this election is as free from fraud as possible, and the Republicans have a keen understanding of the games that Democrats play. So, this is where your vote not only matters but can really count. It can really count. This is going to be critical, and the statement it will make when Ciattarelli wins will be beyond New Jersey. It will also show that the Democrat Party is in its death throes, that their progressive liberal insanity is finally being recognized by folks, even in so-called Blue States, like New Jersey. And not being accepted. Being rejected, straight out. It is critical in both the big picture and in the small picture. Evan Nappen 09:37 And in the picture related to what happens in New Jersey. Because, folks, there are bills pending right now that have gone halfway through, halfway through, that will be devastating to our Second Amendment rights. There are so many of these horrible laws that need to be repealed. Laws that are so extreme which we’ve discussed on this show. We have to make it happen. This is that golden opportunity. And just think of how amazing it will be to have at the same time, a Republican President and a Republican Governor that are both dedicated to defending, not oppressing, our Second Amendment rights. So, please do your part. Teddy Nappen 10:35 One other thing I would highlight for that is that not just what the Governor can do, but a Governor can appoint people. You know, like Murphy appointed Platkin. The attack dog who’s been weaponizing his position to attack our rights. Going after gun shops. Going after gun companies. They’ve been going after everything they can. Where you are the top cop in that position. So, if Jack (Ciattarelli) gets in, we’ll get someone who is not a Platkin and won’t be the attacker on our rights. Evan Nappen 11:16 And actually, you’re right, Teddy. And not only that, the Attorney General can then promulgate Attorney General Opinions and other legal decrees that are within their power to expand our rights, to clarify limitations, and to advise law enforcement throughout New Jersey about how they need to treat our rights and permitting and all these issues that we’re fighting now. It will open up that area greatly. This is a tremendous opportunity here, and it’s one of the blessings of living in a republic. We get this right to vote. So, don’t ignore it. The ballot is more powerful than the bullet, and with the ballot, we can increase the power behind our bullets. In other words, our ability to exercise our rights. So, it’s critical, folks. Critical, critical, critical. Evan Nappen 12:34 Page – 3 – of 10Hey, I also want to mention an interesting little news bit that you may not have heard. This is from UW news. More U.S. adults are carrying loaded handguns daily. (https://www.washington.edu/news/2022/11/16/more-u-s-adults-carrying-loaded-handguns-daily-study- finds/) There you go. And that’s not a surprise, I’m sure, to most of us. But the numbers are kind of cool from this article, and I just wanted to share them with you. The number of U.S. adult handgun owners carrying loaded handguns doubled from 2015 to 2019. Now that’s just to 2019. I bet it’s more than doubled yet again. But even then, it doubled. This was based on the National Firearm Survey (NFS) of U.S. adults. And looking at their surveys, they found that from 2015 that it’s up 9 million and 6 million carry every day, twice as many as carried in 2015. This is really great news, because the more folks out there are carrying, the safer we are. And they’re, of course, saying that less restrictive carrying regulations. Yeah, we have the tremendous growth of “shall issue” permits. We have the Bruen decision now, and we have Constitutional carry. Evan Nappen 14:11 We have actually crime that is been gone crazy in the cities that gets folks wanting to protect themselves. It actually, in these hot spots, because of how the news plays up the crime in the hot spots, right? Because, you know, blood always sells in the news media
  Episode 261-Bang or Bong or Maybe Both? Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 261 Transcript SUMMARY KEYWORDS Supreme Court, marijuana, gun laws, Second Amendment, New Jersey, carry permit, sensitive places, federal court, gun violence, national reciprocity, red flag laws, mental health, gun rights, ammunition, online sales. SPEAKERS Teddy Nappen, Speaker 2 Teddy Nappen 00:15 I’m Teddy Nappen, and welcome to Gun Lawyer. Now, I promised everyone my father would be back, and sure enough, he was back. And because he was on vacation, obviously, he got sick, and of course, he lost his voice. So, unless we wanted him on here, and you know, coughing up a lung and him, you know, having this turned into an ASMR of him whispering Gun Law, let’s let him recover. Don’t worry. He’ll more than likely be back next week. Till then, let’s let him rest. But for now, we have some news to discuss. Teddy Nappen 00:59 So, the Supreme Court, this comes from the AP News, the Supreme Court is considering whether people who regularly smoke pot can legally own guns. This comes from an article written by Lindsay Whitehurst. (https://apnews.com/article/supreme-court-marijuana-guns- e86c342bf248c7822722ad027980b72b) The Supreme Court said Monday that it will consider whether people who regularly smoke marijuana can legally own guns. Latest firearm case to come since, well, the Bruen decision. So, I want to highlight the impact, again, the hammer of Bruen, thanks to St. Justice Thomas, where we are slowly smashing and working our way through the various gun laws. And just to highlight the fact that, look, you can say what you will about marijuana, okay? It’s not the cure all, but it does have its benefits. And it’s just so prevalent, but you’ve got to focus on the fact this is about freedom and not allowing the federal Government to take away people’s rights. Because it’s all over the place, okay? And that comes up a lot, with a lot of clients. A lot of people are smoking weed. And as my father publishes and puts out there and has, very much, everyone uses it now as a coined term, “Bang or Bong. You can’t have both.” Teddy Nappen 02:17 Well, the Supreme Court heard that, and now they’re going to figure out, can you actually have it? So, President Donald Trump’s Administration has asked justice to revive the case of the Texas man charged with a felony because he alleged had a gun in his home and acknowledged he was regular pot user. The Justice Department appealed after a lower court largely struck down the law barring people who usually use any illicit illegal drugs from having guns. They argue that the broad law written puts millions of people at risk with the technical violation. Since at least 20% of Americans have tried pot, according to the Government health data, about half the states have legalized recreational marijuana, Page – 1 – of 6but it’s still illegal under federal law. Remember, that. It is still illegal under federal law. Okay? We need to just remove this as a federal issue, as a federal disqualifier, because it screws people out of their rights when it shouldn’t. It’s about allowing people, because we want as many people as they can, to be able to exercise their Second Amendment rights. Teddy Nappen 03:26 And, quite frankly, this should be removed. They should just remove marijuana as a federal disqualifier. If there’s any other way they want to carve it out. I’m happy to listen about it, but until then, this is a prevalent issue. It comes into play a lot for when people are looking to get mental health expungements. We were just having that from Dr. (John) Edeen, from that exact issue where we form a lot. If it comes up where you’re formalized your usage of marijuana, you’re screwed out of your gun rights. And that’s not right. That is not right. People should have access to their firearms. So, it’s very clearly a big issue, and we’ll see where the Supreme Court lines up on that. My hope is they strike it out, and we can move on from it. Teddy Nappen 04:18 I’d like to also talk about our friends here now at WeShoot. So, WeShoot is bursting with pride, as they are celebrating that Katie Rutherford has officially been named New Jersey State Champion in the highly competitive service pistol match. And she did it the true WeShoot fashion. Disciplined, determined and absolutely dialed in. So, congratulations to Katie on her win. WeShoot offers classes for the CCAR certification so you can get your New Jersey Permit to Carry. WeShoot is a range in Lakewood, New Jersey. They have a fantastic facility for great training and a great pro shop. They have all kinds of deals and specials. We love WeShoot. It’s where I go, where my father goes to shoot, and we got our certifications there. So, just go there and mention Gun Lawyer, and you’ll be treated like royalty. And if you don’t mention Gun Lawyer, you’ll still be treated like royalty, because they’re the best. WeShootUSA.com is their website. Beautiful photos. You can see their WeShoot girls posing with their gorgeous guns. And they’re the guns that they have that you can buy, and then you can have get great deals, great sales. They’ll not only sell you the gun, but they’ll teach you how to use it effectively. Check out WeShoot at weshootusa.com. WeShoot is conveniently located in Lakewood, New Jersey, right off the Parkway. You’ll be glad you did it. Teddy Nappen 05:45 I also want to mention the Association of New Jersey Rifle & Pistol Clubs. ANJRPC just had a case in the federal court where the Appellate Court gave a mixed win at the moment. But, of course, the fight isn’t over. We’ll call it a partial victory regarding “sensitive places” in the Carry Killer bill. Essentially what the status quo is at the moment that has been maintained, in which you can still carry in your vehicle with the car jacker protection law that has still been enjoined. You can carry concealed and loaded on your person in your vehicle if you have a New Jersey Carry Permit. That is still enjoined. You can do it because, remember the Carry Killer Bill tried to prevent it. Also, you can still go on private property, as long as it’s open to the public and not otherwise a sensitive place. We lost a little a bit in terms of filming locations, in terms of movie filming, in terms of transport on public transportation. So, you’re going to have to have your gun cased and unloaded, etc. if you’re going to go riding on the bus or on a train. Page – 2 – of 6Teddy Nappen 07:02 However, interestingly, they found that the $200 fee that was a $50 fee portion that goes to the State was unlawful. It’s unlawful because it went to the VCCB, which is the Victims Crime Compensation Board. Under the case law, you can not have a fee for licensing not go to actual regulatory activity. That is the purpose of the fee. So, that portion has been knocked out. Now, the price of a New Jersey Carry Permit is $150, and if you live in any towns that are refunding, such as Englishtown, which was one of the first in the start, they were refunding their $150. So, you can actually get your carry permit in New Jersey, in New Jersey for free. And the fight continues. There’s just one step, as we go, challenging the Second Amendment oppressionists legislation as they laid upon us. The Association is at the forefront fighting for your rights. Make sure you are a member of anjrpc.org, anjrpc.org. Teddy Nappen 08:07 Let me also mention my father’s book, New Jersey Gun Law. It is the Bible on New Jersey gun law. You can get your copy of New Jersey Gun Law at EvanNappen.com. It’ll help you navigate a very complex course that has been laid out by the gun rights oppressionists who try to trip you up at every turn, turn you into a criminal, stop you from being a defender and instead into a victim. You need to be a defender instead of a victim, especially since the police have no duty to protect you, as you now know. Get the big orange book. Order today. Scan the cover and make sure you get into the private subscriber database. You’ll get immediate access to the archives, which we update, and that we send out. Also download the 2025 Comprehensive Update that includes the new standalone chapter on “sensitive places”, where you can and cannot carry. So, check it out and get your book today. Teddy Nappen 09:06 All right. So, as we know, Press Checks are always free, and let’s see what the gun rights oppressors are pushing. We know that we’ve always got to check in on our enemy, that is The Trace, and see what they’re peddling. And the latest, as I was laughing when I was reading it, from The Trace, by Olga Pierce. (https://www.thetrace.org/2025/10/gun-violence-dropping-why-us-cities-data/) Analysts show 150 U.S. cities show one of the greatest drops in gun violence ever. Huh? I wonder why that is. I wonder why that is. Well, good news. The Trace explains itself. Gun violence is trending downward. This is what the article is talking about. Three quarters of the cities with the most shootings, according to the analysis of The Trace’s Gun Violence Data Hub. They highlight various cities such as St. Louis with their gun lines trending down in the course of 12 weeks. There has been 1.4 fewer victims being shot, translating to a 4.1% decrease of the average weekly shooting victims. They go over their details using isolating terms, which is how they cook the books. But you know, as they highlight and ignore the “blips” of various mass shootings, as they show the various lines trending. You can go to the article. They highlight. Teddy Nappen 10:45 I love how they always try to paint this here. So they say there was a large spike in pre-covid, in pre covid. In covid levels of 2020, of the spike. Now, what they don’t like to highlight is the fact that if you actually look at the data, you will see that the trend numbers, crime was still up very high prior. But there has been a massive change where there’s a downturn, where, you
  Episode 260- Doctors and Firearms  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 260 Transcript SUMMARY KEYWORDS Firearms, medical industry, suppressors, hearing protection, gun safety, mental health, New Jersey gun laws, Second Amendment, gun rights, trauma medicine, public health, gun ownership, ethical boundary violations, firearm training, gun legislation. SPEAKERS Teddy Nappen, Speaker 1, Speaker 2, Dr. John Edeen Teddy Nappen  00:15 I’m Teddy Nappen, and welcome to Gun Lawyer. Again, my father is allowed to have a vacation, and don’t worry, he will be back. Instead, I am going to be interviewing a very interesting individual who will provide, I think, a very important take that is being overlooked when it comes to firearms and when it comes to the medical industry. Teddy Nappen  00:43 So, I’m looking to my guest here, Dr. John Edeen, and I believe it was a Edeen rhymes with mean, if I’m correct. Dr. John Edeen  00:54 Well, that’s right, absolutely. Teddy Nappen  00:56 Oh, good. So, yeah, if you would like to introduce yourself so that everyone can understand and like, what organization you have been a part of. Speaker 1  01:07 Sure, I’d be happy to do that. So, my name is John Edeen. I am a pediatric orthopedic surgeon, thus being mean to kids is what I do for a living. Ha, ha, ha. It’s pretty funny. I am the membership director for Doctors for Responsible Gun Ownership (DRGO), which is a Second Amendment foundation organization, and it was founded first in about 1994 by Tim Wheeler, who is an ear, nose and throat surgeon in California. (https://drgo.us/) He realized that there was a lot of bias in the medical literature, and also a lot of the academia locally in California, and he was one of the guys that was actually instrumental in getting the Dickey Amendment passed, which basically forbade the CDC from doing biased advocacy research against the Second Amendment. (https://pmc.ncbi.nlm.nih.gov/articles/PMC5993413/) Dr. John Edeen  02:06 And I’ve been with DRGO for about 12 years now. So, DRGO is an interesting organization because it’s, you know, doctors and other healthcare professionals, and we even have, believe it or not, a couple lawyers as part of DRGO. Dr. John Edeen  02:22 Yeah, I know. But we’ve done, we’ve done some amicus briefs for some of the, you know, pertinent cases that has some stuff to do with medical stuff. Just recently the ear, nose and throat society. I can’t remember the actual name of it, but they actually came out with a position statement supporting suppressors. And one of our members, Hayes Wanamaker, who’s also in the leadership of DRGO, actually spoke at the Gun Rights Policy Conference two weekends ago about this. He gave the kind of the scientific stuff, and there is a paper at our website, which is DRGO.us, which goes over a lot of that same information. And there’s, it’s really good intellectual ammunition, especially if you’re in a state where they’ve outlawed suppressors, and you’re trying to get that undone. Teddy Nappen  02:22 Ah, get them out of there. Dr. John Edeen  03:02 Because, you know, based on what happened with the Big Beautiful Bill, you know that the suppressor tax is going away, and so people are going to be buying suppressors left and right. But if you’re in a state that doesn’t allow you to have a suppressor, then you can use this to try to lobby. You use it as good information. Teddy Nappen  03:36 I’m incredibly thankful for that, because I find that a lot of people, if we arm them with a lot of this information, they can persuade a lot of people. Because look, if you talk to the average person, they think suppressor, like, what? You want one of that and you want, like, random shootings, like in John Wick? No, it actually has a very important value, because we don’t need to all be going deaf. Thank you. Dr. John Edeen  04:00 What was that? Teddy Nappen  04:03 Exactly! Dr. John Edeen  04:05 I mean, you have a bunch of shooters that are talking to each other. They’re, they’re like, half of the stuff you can’t hear, right? Because they can’t hear what the other guy’s saying because they have hearing loss. It’s just, it’s crazy. What is that? What did you just say? Huh? Teddy Nappen  04:21 Sorry, I’ve got range ears. Dr. John Edeen  04:24 Yeah, I tell you I’ve lost hearing. You know, all you have to do is be, you know, laying prone and with a rifle, and you bump your ear muffs, and all of a sudden you lose your seal. Next thing you know, your ears are ringing. And that ringing is your little hair cells in your cochlea dying. I want you to know that. That’s what that is. And one exposure to, I think it’s what 120 decibels or something like that, can cause permanent hearing loss. All that stuff is in our paper, and it’s worth having. (https://drgo.us/position-statements/suppressors-hearing/) There’s, there’s like, a little synopsis, but then there’s, there’s the whole paper. And you can print them out. There’s great pictures. It has pictures of the cochlea and, you know, and it gives you a fact. Dr. John Edeen  05:07 I can pull this up right now. I’m sitting here in front of my computer, but here it is. It’s written by, first of all, it’s written by 1, 2, 3, 4 ear, nose and throat surgeons, and they have like, photo micrographs of the inner ear. They have the instant damage is at 140 decibels, by the way. And it’s all on here. And it tells you like a lawn mower is 90 decibels and a jackhammer is 110 decibels. And so a lawn mower for eight hours can give you damage. A jackhammer for 15 minutes can give you damage. Dr. John Edeen  05:44 And then anything over 140 decibels, gives you instant damage, like a firecracker, a pistol or a rifle. But it’s interesting. It’s very interesting. And there’s a lot of good information. And then there’s also you, if you go looking for it, the ear, nose, and throat people have their paper too, and I think Hayes Wanamaker was one of the authors on that paper, or at least on that position statement. Teddy Nappen  06:11 Honestly, I feel that this is going to be very important. As I believe, I think it’s NRA or GOA or  pro gun there, they just submitted their challenges to the NFA. The fact that they are removing the tax on the suppressor. Dr. John Edeen  06:27 Right. It makes perfect sense. Teddy Nappen  06:27 So, yeah. I wouldn’t be surprised. Like, you know, you might get a call or two saying, hey, we want some information, because we’re going to arm this up. But that is going to be very helpful and benefit, because it’s always a fight for freedom, just kind of going into it. Teddy Nappen  06:29 Now, this is something that happens with a good chunk of us. Every time I go into the doctor’s office, there’s two things that always happen. One, he always calls me fat. Number two, he always asks if I possess firearms. So, what is up with that? Dr. John Edeen  06:46 Well, you know, a lot of the major organizations, the AMA (American Medical Association) and the American Academy of Pediatrics, they’re all influenced by the Left. They’re Northeastern, you know, academia. Their whole goal is to disarm you so that they can do their Leftist stuff to you, and that’s why we, as gun owners, want to keep our rights so that we can keep them from doing the stuff they want to do to us. Because we’ll be armed and they won’t be able to do anything to us. Dr. John Edeen  07:39 So, here’s the thing. First of all, doctors don’t receive any training in firearms. Firearm safety, you know, firearms mechanics, how guns work. They’re completely unqualified. And remember gun ownership is a civil right, you know, and as a consumer, you have a lot of power in the doctor/ patient relationship. So, don’t be afraid to use it. First of all, you can refuse to answer their question. In fact, I think was it Tom Gresham used to say, basically, it’s not a sin to lie somebody that has no business knowing the answer. And this is one of the things. You know, I’m not necessarily telling you to lie to your doctor about everything else, but frankly, for this, this is one of those things that they have no business even asking you or knowing. Dr. John Edeen  08:32 If your health care plan, if this is part of their questionnaire thing, you can complain to them about that. And then also if the doctor, if they persist in asking intrusive questions about this, despite you saying, I’m not, I don’t want to talk about this. This is not why we’re here. There’s a term for that. It’s called an ethical boundary violation. And basically what that is, is that the physician is pushing an agenda that doesn’t necessarily benefit the patient. It’s, you know, they’re doing a political thing that’s not necessarily in your long-term benefit. And that’s an ethical boundary violation. Dr. John Edeen  09:15 And probably the best example of an ethical boundary violation is having sex with your patient. That’s how bad this is. And you are allowed to complain to your professional board, the State Medical Board, and it’s a big deal when that happens. It requires the doctor to jump through a whole lot of hoops, and frankly, the process is the punishment. It’s not much of a fun thing to go through, having had complaints put against me in the past. It’s no good, honestly. Teddy Nappen  09:51 I’ll save that the next time they ask me my pronouns. Dr. John Edeen  09:55 Exactly. Dr. John Edeen  09:56 Now, here’s another thing. This is my favorite thing to say, and by the way, a lot of this is at DRGO.us,  it’s just the question, the medical question. This is my favorite one, though. Ask the doctor, so, doctor, does your insurance company know that you’re practicing outside of your expertise in medical practice? And if I’m harmed by the advice that you give me, will your malpractice insurer cover you to my benefit? Even despite the fact that you are practicing outside of the scope of practice that you’re credentialed in? Dr. John Edeen  10:34 And that us
  Episode 259-AG Stands for “Anti-Gun” Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 259 Transcript SUMMARY KEYWORDS Anti-gun movement, New Jersey, Attorney General Matthew Platkin, Safe Office, Bruen decision, gun rights, firearm enforcement, Butcher’s Gun World, legal swatting, ghost guns, New Jersey Rifle and Pistol Club, carry permit, New Jersey gun law, pork roll controversy, gun lawyer. SPEAKERS Teddy Nappen, Speaker 2 Teddy Nappen 00:15 I’m Teddy Nappen, and welcome to Gun Lawyer. My father is allowed to be on vacation and could not make it to the episode, but don’t worry, he’ll come back. I know we were going into details on the face of the anti-gun movement. We talked about who is truly the effective anti-gun, gun rights oppressionists of New Jersey. Everyone might just shout out, oh, Governor Murphy, obviously. I get that. However, there is one individual who has become the attack dog or spearhead of the anti-gun agenda in New Jersey and has been very effective at attacking our rights. Even now, as we have the Bruen decision, as we have many pro-gun avenues like Ford, where we’re getting far more wins than we could have ever imagined. The one individual who has been an absolute destroyer of our rights is Attorney General Matthew J. Platkin. Teddy Nappen 01:31 Now, we’ve talked about Platkin with his SAFE Office, the Statewide Affirmative Firearms Enforcement Office. It sounds really official. They have used this as a weaponization against our rights because they’ve already conceded the grounds of, okay, they can’t win legally in terms of Constitutionality. We’re winning on those fronts, slowly but surely. They can’t win on the voice of ideas, because the anti-gun arguments are immediately shut down. The only time they can ever even attempt to pull something out is whenever there’s a mass shooting and they try to blood dance. But with the Charlie Kirk assassination,, the ICE attack and then every single Left wing attack, the conversation has pivoted to mental health and highlighting those factors. So essentially, we’ve won in terms of the argument ideas. Teddy Nappen 02:30 So, they can’t win on Constitutionality. They can’t win in the open forum of ideas. What do they have left? Well, Platkin found his avenue. We talked about how the AG launched two suits. They were going after two gun shops, basically saying that they violated New Jersey’s law. This is actually on the AG’s website, and he’s bragging about it. (https://www.njoag.gov/ag-platkin-announces-victory-in-gun-store- case/) Like he’s not hiding it. This is what he is doing. Attorney General Matthew Platkin announces a significant victory against Butch’s Gun World, a Vineland gun store that sold over 1000 rounds of AR-15 ammunition and other gun-related products. Gun-related products. And what does that apply to? An accessory. A sling, a piece of metal. Like what is it. They just, whatever. Whatever catch-all term that they have, and without making any efforts to determine that they could lawfully possess a firearm, which, whatever. That’s not how the law is applied. But you know, what does that fall to the Attorney General. Page 1 of 6 Teddy Nappen 03:44 He goes into great detail on how he just brags about it, where the SAFE Office launched their attack in March of 2025 with two retailers. The one that settled where, essentially now the gun shop has to send all transactions, all transactions, any gun-related transactions they have to send to the office. So, you’re not only registering guns, you’re not only registering ammunition, you’re registering any gun-related products. This is the gun rights suppressor’s wet dream. Gathering their list of any and all things that are even related to guns. The one group settled. However, Butch’s Gun World actually tried to fight it. And I love this part of the article where Judge Robert Malestein of the New Jersey Superior Court, Chancellors Division, rejected Butch’s Gun World’s attempt to avoid liability. The ruling noted the facts of the case that Butch’s Gun World, established by SAFE undercover investigators, were not in dispute. Okay? Not in dispute. They’re disputing that what they had there was legal. Not that the undercovers are saying that it is illegal. And held that there was no evidence that Butch’s Gun World had established any controls regarding the sales of gun-related products. Teddy Nappen 05:12 What controls were they required? What controls are needed for that? There wasn’t anything needed for gun-related products. And this is my favorite part. The court therefore granted summary judgment in favor of the Attorney General, issued an injunction compelling Butcher’s Gun World to immediately comply with the Firearm Industry Public Safety Law. And what is the requirements that the AG has now tacked on? Ask for a government-issued photo identification such as a driver’s license potential buyer to card or permit that lack of photo identification. Keep records of all sales of gun-related products, detailing the verifications means of each sale for three years. Transmit those records to the SAFE office and write a set of policies used to educate and train each of the staff in terms of the injunction of those written policies within the space of the accessibility to staff during business hours. Teddy Nappen 06:16 So what does that mean? Now this shop, this gun shop, has to effectively report all of their sales transactions. Not just guns. Not just ammunition. Anything that they determine to be gun-related products, and now they have to send it all to the SAFE office. What are they doing with that information? Well, obviously they’re making, compiling, a massive registry and records. Keeping track of all purchases. I wonder why they’re doing that? Something, something. Legislation leads to Registration, leads to Confiscation, leads to Extermination. That’s the game. It doesn’t go into detail regarding if he’s challenging the court’s summary judgment. I would. This is insanity for the for them to not be allowed. There was no dispute that everything was done legally and that the AG is weaponizing the SAFE office to go after gun shops. Because now they’re trying to do that. Teddy Nappen 07:23 I love the Left’s term. They’re trying to coin the term, food desert. Which, by the way, a food desert is a myth. You can. That’s ridiculous. And now they’re trying to do news deserts with the defunding of PBS. Well, here’s the actual strategy, gun deserts. That is their goal. Gun deserts. Fine. You can have your rights. Good luck trying to get a firearm. And they’re trying to go after these shops any way they can. And this is the highlight of Platkin’s career, as there have been many things that he has done when he was appointed by Governor Murphy. This is going off of the Democrat Attorney General Association, which is one heck of a group. (https://dems.ag/profile/matthew-platkin/) You can just see here are all the gun rights oppressors all listed out, and they’re pushed to go after our rights. He has launched his attacks, and all this is on his website. Page 2 of 6 Teddy Nappen 08:20 He’s bragging about his attacks. I love this. He sent a letter to Glock after suing them. A letter being issued by the City of Chicago in that where they march, they Chicago had filed suits against Glock, knowing their guns can be easily adopted to make into a machine gun with the addition of an auto sear. I love how they always tote the auto seer. They always try to drag those things in every single time. Really, that’s the threat? The current issue of crime that people do? Yeah, the massive influx of auto sears. Yeah, that’s the real problem. And the City said machine guns have become a weapon of choice for the criminals of Chicago. Yeah, yeah. Not the fact that it’s just a pistol, typically, not an actual machine gun, like. And the letter detailing that they had sent out basically modification to Glock handguns through the use of switches. How Glock pistols are designed to develop a function as semiotic, any efforts Glock may have taken in considering and Glocks knowledge about all state and federal laws regulating the Glock switches and converting Glock machine guns. Legal responsibility as a manufacturer these guns, whether they follow the law and financial details about Glock pistols, including profits, manufacturing, distribution costs. Oh, that’s nice. Yeah, Glock just hand over all their details on who you’ve been selling to, who’s been buying and selling Glock pistols, and keep track of those. That’s always the goal they want. It’s all about control, yeah. And then they highlighted their suit against Glock for violating state firearm industries for New Jersey. Teddy Nappen 10:19 And then, of course, he tacked himself on with 20 other Attorney Generals in their amicus brief on the new federal rule regarding ghost guns. Ghost guns. Unserialized weapons that are often made at home – kits, parts, completely framed receivers. It can be purchased without any background check. Such weapons are illegal in New Jersey. The rule would ensure that buyers pass background checks before purchasing such kits. They see here, just trying to justify the gun control movement by going after Glock switches, ghost guns and targeting dealers because that is all they have now. They know they can’t win in any other form of attacks, and now they’re going to sue us out of our rights. That’s the only thing left they have. Teddy Nappen 11:20 And I also love this one, too. He also spearheaded with the SAFE office to install an app for legal swatting, essentially. This comes from New Jersey Health and News, which, that’s the whole goal. The app will be available for download on mobile devices. It allows you to submit anonymous reporting. Youth and Families can anonymously request help for mental health issues, housing and food security, domestic violence. There it is. Among other concerns, the initial
  Episode 258-How to Protect Your House of Worship Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 258 Transcript SUMMARY KEYWORDS Supreme Court case, Wolford vs. Lopez, sensitive places, New Jersey law, carry permit, church security, stun gun, pepper spray, gun violence, anthropomorphic traits, Second Amendment, gun rights, gun laws, gun storage, GOFOU. SPEAKERS Teddy Nappen, Evan Nappen, Speaker 2 Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. So, I received a letter that I want to talk about that has an important issue in these times. But before I even get to that, I just want to make an announcement. The Supreme Court of the United States just accepted a gun case. So, this is very exciting because we’re now going to get another Supreme Court decision. This case is the Wolford versus Lopez (U.S. Supreme Court Docket No. 24-1046) out of Hawaii, which will most likely impact New Jersey as well. (https://www.scotusblog.com/cases/case-files/wolford-v-lopez/) Because the key issue here is “sensitive places”, specifically, Hawaii’s sensitive place law that requires express permission from a property owner to carry a handgun on private property that is open to the public. Evan Nappen 01:15 Now, New Jersey has that same type of sensitive place. However, in New Jersey, we won on that one in the court challenge so far in which the requirement that originally stated you had to have permission before you went on any private property, whether open to the public or not. New Jersey split it and said, no, if it’s open to the public, you don’t need that prior permission or a sign hanging on the building that says, we love guns or, you know, come on in. But in Hawaii, the court upheld actually needing permission from a property owner for property that is open to the public. So, for example, in Hawaii, if you have a carry license, you can’t walk into a 7-11 with your gun unless you have expressed permission to go on that private property that’s open to the public. In New Jersey, that is not the case. In New Jersey, you can go into 7-11, but you can’t go into private property that is not open to the public. So, if you’re going to visit your friend, well, your friend better give you permission before you carry your gun there. Page – 1 – of 8 Evan Nappen 02:33 But what makes this exciting is that the Court, hopefully, in addressing this issue will give us a framework to evaluate other sensitive places, and it may very well have the impact of annihilating most, if not all, of New Jersey’s sensitive places, at least with a test to test their constitutionality. And by the way, the Hawaii challenge is broad and also in their sensitive places, banned guns on beaches, parks, and restaurants that serve alcohol, just like New Jersey has. So, we’ll see how far the Supreme Court goes in its analysis and if it sets up a framework for challenging sensitive place laws that we’re currently in the fight with the State of New Jersey. You know, our great state Association, the Association of New Jersey Rifle & Pistol clubs, has the ongoing federal litigation challenging New Jersey’s Carry Killer bill, and this should be of great benefit in our fight for Second Amendment rights. Now. Teddy Nappen 03:46 Out of curiosity, if for the sake of argument, Saint Justice Thomas is listening to Gun Lawyer, what would be the best frame? Evan Nappen 03:58 Well, that is a very difficult question as to how they will structure the test. Now, one thing that would be just awesome is, but I don’t think it would fly necessarily, is they just say, hey, these are the only sensitive places that are sensitive places, and make it crystal clear that none of the others count. But I don’t think they’re going to do that. They’re probably going to try to structure some type of test and that’s something that we’re going to have to wait and see. I can’t even put forward a test at this time that would cut the bill, but that’s why the Supreme Court Justices get the big bucks. And let’s hope they put a test out there that is makes it pretty narrow as to where our rights get restricted. So, we’ll see how that works. Evan Nappen 04:52 But in a similar vein, we have a letter here, and this letter is from Chuck. And what Chuck says is, is it legal to carry and use a stun gun or pepper ball dispensing air gun? I have a concealed carry (permit) but am considering other options. We are in the process of a Church security assessment, and I was thinking this and pepper spray would be a good option, less expensive, requiring less training and risk, if used in a less than appropriate manner. As a note, I enjoy your podcast weekly, and I’m a U.S. Law Shield member. Thank you and Peace. Okay, Chuck, thanks. So, as far as the stun gun and/or pepper ball deal, we’re still stuck under the current case law that makes it a problem to preemptively arm yourself for self-defense outside the home with a stun gun or pepper ball type device. You can possess them, and you can have them in your home, but not outside your home. And here we’re talking about in a Church. So, unfortunately, until we get it acknowledged officially in a case, I can’t advise just carrying those around. You have a problem under N.J.S. 2C:39-6, and it is subsection d. specifically, regarding preemptively arming oneself for self-defense outside the home. So, beware of that. Now on pepper spray, you would be allowed to carry three quarters of an ounce or less, which is a rather small container. That is the only pepper spray that’s exempted. Evan Nappen 06:45 But if you’re going to talk about church security, and we want to talk about lethal security, can you carry your handgun at your house of worship, whether it’s a church, a synagogue, mosque, whatever? Can Page – 2 – of 8 you do that? And the answer is yes. Houses of worship are not a sensitive place under New Jersey’s Carry Killer law. So, you are allowed to, at least you’re not prohibited from having your legal carry gun that you have a permit for at house of worship. If you participate in that house of worship’s security, that’s up to you, but you would be allowed to carry your gun. However, the danger, or the trap you have to watch out for is, since many houses of worship also happen to have schools – Sunday school, Saturday school, whatever the school is, where it’s part of that facility, then that section that is the school takes on the “sensitive place” designation of a prohibited sensitive place for a school. So, if there’s a separate part of the building or a separate room where the school is, but in the general congregation area, that’s not a school ground, you can carry there. But you can’t go into the school part. Evan Nappen 08:17 So, if the security team wants to be able to lawfully carry in the part of the house of worship that is a school, then we have to overcome two prohibitions. One is New Jersey’s sensitive place prohibition, but the other is a law that is under N.J.S. 2C:39-5.e.. This also can set a trap for the unsuspecting just basically dealing with any school property. So, New Jersey sensitive place says you can’t have it. You can’t carry have your gun into a school. However, if you pull into a parking lot of a sensitive place, New Jersey says, oh, well, you can unload it, lock it, unloaded in a box in your car, and you’re okay if you do that. However, that would satisfy, even though that would satisfy the “sensitive place” prohibition at a school, it does not satisfy the second and other prohibition, which is found under 2C:39-5.e. And what that says is, any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime. So, if you park on the grounds of the school, even to pick up your child or to go into the school and you use the exemption found under “sensitive places”, it will not cover you for the other school property prohibition. So, be wary. It is a trap. It can be a big GOFU. Evan Nappen 10:32 But let’s say you’re in the Church and you want to have your security team be able to go into the school. Well, there is a way to work around that. So, as you can see, as we just read, if there’s permission, written authorization of the governing officer of the institution, then you would overcome the 39-5.e. prohibition. However, how do you overcome the sensitive place prohibition? Because now we’re talking not just being in the parking lot, but we’re talking about actually being in the school itself, within the house of worship. Well, for that, we go to the sensitive place law, which you’ll find under N.J.S. 2C:58-4.6 and go there to subsection e. And what it says is, nothing in this act shall be construed to prohibit the holder of a valid and lawfully issued permit, in other words, a carry permit, who is lawfully authorized to provide security at a place enumerated in those sensitive places from carrying a firearm, whether openly or concealed, provided that the authorization is set forth in writing, and only to the extent permitted by the entity responsible for security at the place in question. Evan Nappen 12:03 So, if you get written authorization covering you for the first prohibition that we talked with and then if you get that written authorization that can cover you here, there’s one added thing you have to do. You have to be able to be lawfully authorized to provide security. So, who’s lawfully authorized to provide Page – 3 – of 8 security in New Jersey? Those that have a SORA (Security Officer Registration Act) card. (https://nj.gov/njsp/private-detective/sora-help.shtml) If you’re on the church or synagogue or mosque House of Worship security team and you want to fully have the exemptions apply to you, you’re going t
  Episode 257-“86” the 4473 Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 257 Transcript SUMMARY KEYWORDS Second Amendment, gun laws, opposition research, non-binary, 4473 form, background check, gun violence, mental illness, gun rights, ATF, National Shooting Sports Foundation, straw purchases, gun control, sensitive places, New Jersey gun law. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. So, as many of you know, we do what is called oppo research, opposition research. We not only review continuously, just probably a dozen every day of various aggregate news sites and services related to firearms, both pro-Second Amendment rights, and, of course, those that are oppressors of our Second Amendment rights. And one of the key oppressors is Bloomturd’s organization “Everytown” and their mouthpiece, “The Trace”. However, The Trace, and I have to say often to their credit, does have stories that, although are completely slanted to supporting gun rights oppression, often reveal very important things that are not revealed on the pro-gun rights sites. Evan Nappen 01:25 It is very interesting, and that is what I want to talk about today, because the trace had a very important story. Of course, it shows the dichotomy on the left, and it demonstrates, of course, left hypocrisy and gun rights oppressor hypocrisy. But nonetheless, this is an article from The Trace by Will Van Sant, and the title is, “Buying a Gun Is About to Get More Complicated for Nonbinary People”. (https://www.thetrace.org/2025/09/gun-background-check-nonbinary-trump-atf/) Now, we’ve discussed this very sensitive and complicated issue of trans, what the oppressors like to call gun violence. So, how about trans gun violence? You want to add that to it? No, no. Wait a minute. Wait a minute. Yeah, right. Because it has nothing to do with either of those two prefaces? It has to do with criminal violence, doesn’t it? But once they’ve stepped into this slippery slope and we start putting things into identifiable groups and using propaganda terms like gun violence, well this is what happens. Evan Nappen 02:40 And so, of course, now the left is getting their ox gored, yeah, which essentially is their entire trans agenda. And whether you are in favor of that agenda or against that agenda, it doesn’t matter in terms Page – 1 – of 12of this discussion. Because what we see is what is seriously the bigger picture, and that is our Second Amendment rights. And although the case can be made that there’s greater mental illness amongst trans, as I’ve talked about from the official studies through these Government agencies that look at it, that there is that factor, it still doesn’t mean that, as a group, anybody should end up prohibited. And of course, my personal Second Amendment belief is that nobody should be prohibited. As a matter of fact, if you want to get right down to it, I don’t think we should have any gun laws. That’s right. None. Other than for unlawful use. That’s right. Put it back the way it was meant to be under the Second Amendment. That’s it. Use a gun to commit a crime, to do something wrong, what we call a malum in se offense, something evil within itself. Then that is the crime. Anything else is a mallum prohibitum. Evan Nappen 04:05 Now I get it. I get it. Because we don’t live in that utopia of being able to go back to actual pure freedom, God forbid. So, we’re in this situation where there is an attempt to in our society that loves to sue all the time. We need to protect gun dealers. So, oddly and interestingly, the National Instant Check System (NICS) and essentially even the gun form itself. And, of course, PLCAA (Protection of Lawful Commerce in Arms Act). These are all designed to protect gun dealers. Now, on one hand, you should say, why should guns even be required to be licensed to be sold by dealers? I mean, that wasn’t something that was originally required. There were no gun dealers at the time of the Second Amendment that needed a license. Or at the time of the Civil War that needed a license. But we now have this reality that we deal with, and unfortunately, it’s grown to where, in effect, weaponization by either political party can take place. Evan Nappen 05:15 In reality, the 4473, which is the federal form that you fill out to buy a gun. There is no need for it at all. Okay? We should 86 the 4473 and let me tell you why. We have this so-called background check when you buy a gun from a dealer. Why do you have to fill out any form at all? Why can’t you just show your Government-approved identification, which is normally a driver’s license, and then run the NICS check. You’re either approved or denied. Why do we have to fill out a form? Why do we have to fill out a form with all this information, answering all these questions? Because it is a trap. It is a trap designed to catch people who apparently and often inadvertently may give a wrong answer, because it’s so complicated. Do you know whether your juvenile mental health commitment from 20 years ago is now being viewed as an involuntary commitment or not? Did you realize whether or not your juvenile delinquency conviction is somehow a disqualifier? Did you realize that the old misdemeanor offense from years ago happened to be qualified as domestic violence, so you’re actually a prohibited person? I mean, we can go on and on. And what happens is that individuals get caught in this mess when we supposedly have a system that does the check. Evan Nappen 06:54 If you want to identify the buyer, which even that, I would say, shouldn’t even be needed. Shouldn’t even be necessary to happen. But okay. If the idea is for dealers to track who is sold a gun and who’s not, if you pass the Government check and you’ve identified that you’re you, that should be all it takes. But that’s not the reality, is it? It’s not the reality at all. Instead, we have this form. This form is loaded with not only traps, but excess information that is frankly offensive in many ways. All right. So, let’s take a look at, particularly at the moment, the issue regarding how will nonbinary people now have, as The Page – 2 – of 12Trace calls, a complication, which is actually going to end up being a denial of nonbinary people, in many instances, getting a firearm. How will that happen? Well, let me explain. You see on the form, on the 4473, there, is a question that asks about your sex, and it originally was male or female, and that was it. It was based on the science, imagine that. You’re either a man or a woman. Now I know we get into the whole debate as to whether that’s righteous or not, and we don’t even have to go there. Evan Nappen 08:24 Because what further happened is that about 13 states, possibly even more, have enacted for driver’s licenses to say and have a choice of nonbinary. And what we were finding is that under the old form 4473, where you had to be male or female, individuals who had a binary on their driver’s license were denied. They were denied a gun purchase because the form required you to be either male or female, and your ID did not reveal whether you’re male or female. So, anyone with a nonbinary license indication, they were automatically denied their Second Amendment rights because the form did not include nonbinary. Now let me tell you something you may not realize. The addition of nonbinary to the 4473 did not actually necessarily happen because the gun rights oppressors said, hey, wait a minute. We have to make sure that nonbinaries can still buy a gun. No, no. It was actually the National Shooting Sports Foundation, Larry Keane specifically, according to this article, in 2018 and 2019 that requested, okay, that actually asked for. And it says here that Keane coordinated with ATF under the National Shooting Sports Foundation Annual Vegas Trade Show, which we call, of course, what you know of as the Shot Show, made inquiries and they wanted to address it. And guess what? It was added to the form. It was added to the form so that now nonbinary could, in fact, purchase firearms. Evan Nappen 10:44 Well, as you may recall, President Trump issued an Executive Order that throughout the Federal Government, references to anything about nonbinary would be eliminated. From the military to Government Employment, across the board. You’re either male or female, and the gun form is now going to not be any exception to that. Because ATF, according to this article, according to their inside folks at ATF, you know they have the gun rights oppressor moles at ATF, and what is happening is they’re going to remove nonbinary from the 4473. Therefore, we’re going to go back to the old days prior to that 2018-2019 issue. So, people are going to get denied their ability to buy a firearm again from dealers unless their driver’s license or their Government photo ID identifies as male or female. So, this appears to be happening. Evan Nappen 12:05 And so, this is really fascinating. Because now essentially what is of major concern on the Left, you know, the same folks politically behind oppressing our gun rights in The Trace, right? This is a very important issue. Look through the whole Biden administration, and you see this is now going to be a problem. Yet, it was the pro-Second Amendment rights folks that helped to get the initial change. So, this creates a really interesting political dynamic. And by the way, there is a group. I don’t know if you even realize this group exists, but it’s called the Liberal Gun Club. They’re a Left-leaning gun rights group, and their spokesman of the Liberal Gun Club is Lara Smith. According to The Trace, in an interview, she said, I don’t mean to be flippant as it sounds, but we knew, we knew they were going to try this. Now it is not just trans people, it’s people on the Left that they’re going to try and dis
  Episode 256-Can Hunting Cost Your 2A Rights? Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 256 Transcript SUMMARY KEYWORDS Second Amendment, hunting violations, New Jersey gun laws, license suspension, Fish and Game laws, public health safety welfare, civil penalties, 450 foot rule, prohibited person, domestic violence, red flag laws, gun seizures, Association of New Jersey Rifle and Pistol Clubs, suppressors, gun storage. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 and welcome to Gun Lawyer. So, we have an issue I want to bring to my listeners’ attention, and it has to do with the impact that hunting can have on your Second Amendment rights. Teddy Nappen 00:42 Is it the long winded debate between rabbit season and duck season? Evan Nappen 00:46 Exactly, exactly. That’s what it is. And never get into a debate with Daffy Duck if you want to save your gun rights. No, what I’m talking about is the issue in which the Second Amendment oppressors try to use everything and anything they can to disenfranchise us of our gun rights if you end up having hunting violations. Now, not only in New Jersey, if you get two violations, you lose your hunting privileges. They like to call it privileges. Although I really think hunting is a right. Many states have actually enshrined hunting rights as a right in their Constitution. Of course, New Jersey hasn’t done that. But anyway, either way, if you end up with a violation of any of the myriad of ridiculous Fish and Game laws. Some are so petty and insane you can’t even believe they’re on the books. If you get two of those, you’re going to have a mandatory license suspension of hunting and fishing and trapping privileges. Evan Nappen 02:19 And that’s bad enough, but I think one of the ramifications that people don’t realize is that hunting violations can also cost you your ability to own and possess firearms and be licensed in New Jersey to have firearms. Here’s how it works. Here’s their Gambit. So, one of the disqualifiers in New Jersey Page – 1 – of 13 under the licensing law is called Public Health, Safety, and Welfare based on character and temperament. We call it public health safety welfare. I call it the all inclusive miscellaneous weasel clause, because that’s what it is. It’s a very subjective reason that is often abused by issuing authorities. And even abused to the point, as we’ve discussed, of being racist, in which blacks are denied their gun rights using that provision at a ratio of more than two to one than whites, just on that provision alone. But that’s not where the only area of abuse comes in. They will attempt, they being the Government, will attempt to use hunting violations, and we’ve had any number of cases where they do this against your ability to be licensed under New Jersey law. Evan Nappen 03:51 So, there are some particular hunting violations that they’re very hot to pull this on, pull this lever, and other ones in the aggregate, or just depending on whether the issuing authority has a hard on for you or whatever. They will attempt to use these things against you, and you want to be aware of that problem. One of the big ones that will really cost you and is a very serious hunting violation, but remember, you can have these minor, stupid ones, too, and they add up. They’ll say you’re irresponsible as a gun owner if you have too many of these, or if your hunting license is suspended because you got hit twice for having the wrong shade of orange that you’re wearing, you know? I mean, that’s one of the offenses. It doesn’t matter, because then they’re going to say, well, you’re not following the hunting laws properly, and therefore you’re not a responsible citizen. Evan Nappen 05:05 Now, we’ve usually, though the one, the big one, one of the big ones, anyway, is under Chapter 23 which is where the hunting and fishing regs are found. And it’s (N.J.S.) 23:7-3., and it’s causing injury to property of another. “A person who, while hunting, fishing, trapping, or taking wildlife, causes or assists in causing damage or injury to real or personal property of another, including pet animals . . .” You’re liable to a civil penalty not to exceed $2,000 and that’s paid to Fish and Game and goes to their hunters’ and anglers’ fund. So they love, Fish and Game, loves the Fish and Game laws because it puts money in their coffer. So, you know, you think you’re going to work it out some way, but that’s difficult, because they’re there with their hand out, wanting to take your money. And for the first offense, by the way, you have a suspension of all license certificates. That’s for everything. Hunting, fishing, trapping, all of it, to take or possess wildlife for five years. You get a five-year suspension. For a second offense, you’re looking at revocation of all licenses and certificates permanently. So, it would be bad enough that you end up permanently losing your ability to hunt and fish. And, by the way, many states have reciprocity with New Jersey’s hunting and fishing laws. So, if you’re prohibited in New Jersey, you get prohibited in those states as well. So, be aware of that. Evan Nappen 07:07 But they then will attempt to use these things to somehow show that you’re a danger, that you’re unsafe and that you’re irresponsible. And of course, there’s Fish and Game law that’s very serious if you end up causing personal injury, even purely by accident. But if you cause personal injury, then, of course, they’re going to be all over you for that and claim that you are irresponsible and a danger, etc. So, these are areas where there’s vulnerability. Beyond even your ability to hunt, fish, trap, in New Jersey. Now the they’ll also look at what is the 450 rule. Under the 450 foot rule, New Jersey has a hunting reg that says you cannot be within 450 feet of a building or playground. And if you are within 450 feet of a Page – 2 – of 13 building or playground with a loaded firearm or a knocked arrow, then you’re looking at a problem if it’s an occupied building or a playground, and again. It’s a civil penalty for not less than 100 or more than 200 for the first offense, and not less than 200 or to 500 for a second offense. But if you are convicted of this, not only can you lose your license, but also on that second offense, again, it’s a permanent revocation. Permanent, forever of your hunting and fishing. Evan Nappen 09:16 And if you end up with a 450 for a loaded firearm, again, the State will claim that you’re a danger, that you’re irresponsible, that you are somebody who should not have a firearm at all. And if you are convicted of any of the multitude of other violations, they can put them together. They’ll look at your entire background while hunting and any of the offenses that you may have had or even just been charged with. Even if you’re not convicted, they’ll still try to use it against you and claim you’re a danger to public health, safety, and welfare. We’ve had those cases. Then as a big, big problem, and I’ve had any number of these cases, is if someone happens to be a prohibited person. Maybe they’re not even aware because they had a prior conviction, you know, decades ago. And they thought it was sealed or expunged but it wasn’t. Or they had a juvenile offense. It’s still a disqualifier. Or if they’ve had any mental health commitment. Evan Nappen 10:39 Well, if you’re caught possessing, you’re looking at not only a criminal charge of unlawful possession, which can be quite serious, but also a felon in possession, what New Jersey calls “certain persons”. Well, that has a five-year minimum mandatory period of incarceration in State Prison. So, it’s serious stuff, folks. And of course, being a convicted felon isn’t going to help your resume, and it will cause you to be a prohibited person. You lose your gun rights, become a second class citizen and all that. So, beware of that. Make sure that you’re legal to possess firearms. It seems like an obvious thing to say, but you’d be surprised how many folks fall into this trap. And the reason I say it’s a trap is that if you’re a convicted felon, you can go buy a hunting license. There’s no NICS or background check done on a hunting license. Fish and Game will gladly take your money for a hunting license, because they’re all about the money. They’ll take it. You can have a hunting license, but as a convicted felon, you just can’t hunt, particularly with a firearm or possessing other weapons to hunt. So, you can buy the license, but you can’t do the activity. But sometimes there’ll be a misunderstanding where they think, well, they gave me a hunting license, so I should be okay, right? But you’re not okay. Not only can you end up, you can end up doing serious jail time. Go ahead, Teddy. Teddy Nappen 12:26 Out of curiosity, could there be someone just, oh, there’d be, like, an individual that just do, like, going deer hunting bare handed. If that’s ever been, like a case, or not. Evan Nappen 12:37 I’ve never heard of that, and I don’t know. It’s probably, probably animal cruelty statutes would kick in over deer wrestling or something to that effect. Who knows? I wouldn’t put anything past New Jersey. Now, of course, if you bare handedly go bear hunting, I would have nothing but respect for you, but I don’t think you want to do that. This is a problem, and you need to be aware that you’re out there taking a risk when you’re hunting. Of not just losing, under New Jersey’s draconian and strict hunting laws, but Page – 3 – of 13 you’re risking as well your Second Amendment rights. And of course, they’ve gamed the system to do that very thing. Everything in New Jersey is about somehow disenfranchising us of our gun rights, about taking away people’s rights so they are not able to be gun owners, and about stealing our guns, which is why they have a multitude of ways to do gun sei
  Episode 255-Jasmine isn’t wrong… This time.  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 255 Transcript SUMMARY KEYWORDS Police duty, Jasmine Crockett, Trump derangement syndrome, self-protection, Warren vs District of Columbia, gun rights, carry license, New Jersey gun law, Jeff Cooper, personal defense, alertness, ruthlessness, social media, firearm regulations, gun lawyer. SPEAKERS Evan Nappen, Speaker 2, Teddy Nappen Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. So, you probably have heard of Jasmine Crockett, and I bet you rarely, if ever agree with anything she says. She’s got a serious case of TDS, which is Trump Derangement Syndrome, and she is usually off the wall on just about anything she’s ever saying. Except the one time now where we see that she’s made a statement, and the media is criticizing her. People are saying what? This is shocking. How could she say that? Well, do you know what she said? I’ll tell you what she said. She said that the police aren’t there to protect you. That’s right. And people went crazy. What do you mean? The police? You see their slogan “to serve and protect”, “serve and protect”. (https://bearingarms.com/tomknighton/2025/09/11/for-once-jasmine-crockett-gets-it-right-on-police- n1229866) Of course, they’re there to protect you. How could she be that stupid to say that police aren’t there to protect you. When in fact, she is legally 100% correct. That’s right. Police do not have a duty to protect you. Their job is essentially investigation, enforcement after the fact. Law enforcement isn’t to prevent crime. Law enforcement solves crime. This is what she said, and she is right. Evan Nappen 01:56 You may not believe it. You may think that’s crazy, but let me just tell you the law. And this is why, if she took her statement further, which she won’t, that is why we need a right enshrined. We need the ability. We need the means to protect ourselves because the police are not there to protect us. The old saying is, you know, “when seconds count, the police are minutes away”. Well, it’s more than that. When seconds count, it’s not the police job to show up at all. Now the police will try to, of course. I’m sure in all their hearts they would love to, and this is not to put police down. This is to make it clear to you something you may not be aware of, and that’s why Gun Lawyer is here. You may not be aware of the actual state of the law when it comes to the police as to whether or not they have a duty to provide protection. And the answer to that resoundingly, is a legal NO. Page – 1 – of 7 Evan Nappen 03:04 You can look at the case Warren versus District of Columbia, which is probably one of the most incredible examples of this very point. (444 A.2d. 1, D.C. Ct. of Ap. 1981) In Warren versus District Columbia, a 1981 decision decided by the district court, a district Columbia Court of Appeals, what the Court held there was that police were under no specific legal duty to provide protection to individuals. (https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia) And wait until you hear the facts and area of this case where the police had no duty to protect. It’s so bad. It’s so terrible, and the judges even felt it necessary to essentially apologize for making this decision that they had to make because it is the law. Here’s what the court said. After arguments notwithstanding, our sympathy for the appellants, who were tragic victims of despicable criminal acts, we affirm the judgments of dismissal. Evan Nappen 04:06 Listen to the fact pattern of what occurred to these folks. And why they sued and why they had no cause of action against the police for their negligence, because police have no duty to protect. So, I’ll give you the facts right now of this case. In the early morning of March 16, 1975, appellants, these are the people suing over their negligence and what they experience. Carolyn Warren, Joan Taliaferro, and Miriam Douglas were asleep in their rooming house on Lamont Street. They shared a room. Warren and Taliaferro shared a room on the third floor. Douglas shared a room on the second floor with her four-year-old daughter. The women were awakened by the sound of the back door being broken down by two men later identified as (Marvin) Kent and (James) Morse. The two men entered Douglas’s second floor room where Kent forced Douglas to sodomize him and Morse raped her. Warren and to Taliaferro heard Douglas’s screams from the floor above. Evan Nappen 05:03 Warren telephoned the police and told the officer on duty that the house was being burglarized and requested immediate assistance. The Department employee told her to remain quiet and assured that police assistance would be dispatched promptly. Warren’s call was received by the Metropolitan Police Department at 6:23 am. It was recorded as a burglary in process at 6:26 am. A call was dispatched to the officers as a “Code 2” assignment, although calls for a crime in progress should have been given priority and designated as a “Code 1”. Four police cruisers responded to the broadcast. Three to the Lamont street address and one to the address to investigate a possible suspect. Meanwhile, Warren and Taliaferro crawled from their window onto an adjoining roof and waited for the police to arrive. So, the two women on the upper floor have crawled out to the roof. While there they saw one policeman drive through the alley behind their house and proceed to the front of the residence without stopping, leaning out of the window or getting out of the car to check the back entrance of the house. A second officer apparently knocked on the front door of the residence, but left when received no answer. Three officers departed the scene at 6:33 am – five minutes after they arrived. Evan Nappen 06:15 When Warren and Taliaferro crawled back into the room, they again heard Douglas screaming and again called the police. They told the officer that intruders had entered the home and requested immediate assistance. Once again, the police assured them help was on the way. The second call was received at 6:42 am and recorded merely as “investigate the trouble”. It was never dispatched to any police officers. Believing the police might be in the house, Warren and Taliaferro called down to Page – 2 – of 7 Douglas, thereby alerting Kent as to their presence. Kent and Morris then forced all three women at knife point to accompany them to Kent’s apartment. And for the next 14 hours, the women were held captive, raped, robbed, beaten, forced to commit sexual acts upon each other and made to submit to the sexual demands of Kent and Mars. Evan Nappen 07:04 Appellants claim of negligence included the dispatcher’s failure to forward the 6:23 am call with the proper degree of urgency, and the responding officer’s failure to follow the standard police investigation procedures. Specifically failure to check the rear entrance position of property near the doors and windows and ascertain whether there was any activity inside. And the dispatcher’s failure to dispatch. All of that gone. Dismissed. Sorry. Police have no duty. There was no duty to protect. They got nothing. Zero, zip. Folks, this is a lesson. The lesson is that you are responsible for your protection. Jasmine Crockett was actually legally correct. Let that sink in. Police have no duty to protect you. It is incumbent upon you. You are the one responsible for your protection, not the police. So, anytime you hear a Second Amendment oppressionists say you don’t need guns, you have the police. No, we don’t. It’s not the police job to protect you. It is our individual responsibility, and that’s why it is our individual right. So, hey, Jasmine Crockett, what can I say? Even a blind squirrel finds a nut. She did. The criticism levied against her is completely misplaced. Teddy Nappen 08:31 Right! Only it’s more like a nut finding a blind squirrel. Evan Nappen 08:34 That’s right, but the only key here is Jasmine, take it further. Support the right to keep and bear arms. Support the Second Amendment. Support carry and the ability for individuals to defend themselves because of exactly what you said. Let me tell you about what you can do to protect yourself. As a matter of fact, what you can do to protect yourself is get your carry license. In order to do that, you can go to WeShoot. Our friends at WeShoot offer the classes to get your CCARE certification so you can get your New Jersey Permit to Carry. WeShoot is a range in Lakewood, New Jersey. They have a fantastic facility with great training and a great pro shop. They have all kinds of deals and specials. We love WeShoot. It’s where Teddy and I shoot and where we got our certifications. Just go there and mention Gun Lawyer, and you will be treated like royalty. And if you don’t mention Gun Lawyer, you’ll still be treated like royalty, because they are the best. Weshootusa.com is their website. Beautiful photos. And don’t miss the WeShoot girls that are posing with gorgeous guns. And there are guns that they have that you can buy, and they have great deals, great sales. They can not only sell you the guns, but also teach you how to effectively use them. Check out weshootusa.com. WeShoot is conveniently located in Lakewood, New Jersey, right off the Parkway. You’ll be glad you did. Evan Nappen 10:06 Let me also mention our good friends is the Association of New Jersey Rifle & Pistol Clubs (ANJRPC). And the New Jersey Rifle & Pistol Clubs just had a case in the federal court, where the Appellate Court gave a mixed win at the moment. But of course, the fight isn’t over. It was a, we’ll call it a partial victory, regarding “sensitive places” in the Carry Killer bill. Essentially, what the status quo is at the moment, has been maintained in which you can still carry in your vehicle. With the carjacker prote
  Episode 254- Is A Trans Gun Ban A Good Idea? Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 254 Transcript SUMMARY KEYWORDS Gun ban, transgender individuals, NRA opposition, Second Amendment, New Jersey gun laws, mental health issues, Trump administration, 4473 form, non-binary category, National Instant Check System, gender dysphoria, gun rights, political ramifications, gun confiscation, compliance rates. SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 Evan Nappen 00:15 I’m Evan Nappen. Teddy Nappen 00:17 And I’m Teddy Nappen. Evan Nappen 00:19 And welcome to Gun Lawyer. So, I don’t know, maybe President Trump listens to Gun Lawyer. Because after our show last week, when we talked about gun bans for trans and explored that topic, it appears that the Trump administration is actually considering doing that. (https://www.cnn.com/2025/09/04/politics/transgender-firearms-justice-department-second-amendment) And I guess the question is, is that a good idea or not? Now, let me just say straight out that NRA, from their news release, stated they are against any type of sweeping ban on anyone. (https://x.com/NRA/status/1963993115410198964) Particularly noted there were transgender individuals. They are opposed to it, and I can absolutely understand from principle why we would want to oppose as being not oppressors, but those in favor of expanding and not restricting gun rights. Evan Nappen 01:30 But if President Trump and his administration pursue this, there are interesting political ramifications that I want to talk about. It may, in the long run, actually be pro-Second Amendment rights to enact a gun ban for trans. Believe it or not. Now, I don’t know. I don’t have a crystal ball, but there are factors to be considered in this. My initial reaction, of course, is the same as NRA’s and that is, I oppose any kind of gun ban, because that’s a Constitutional right. It is something that should not be prohibited to anyone, because I’m an extremist when it comes to gun rights. So, that’s my personal viewpoint. And people could take issue with that by saying, well, you would want anybody? Yeah, because I think the gun laws don’t work, and you’re not stopping anybody, in reality, other than good people. So, gun laws are basically useless. But that’s not our society that we live in, is it? Instead, we’ve embarked on having gun laws that are claimed to be reasonable, when in fact, we see that they’re quite unreasonable. Page – 1 – of 14 Evan Nappen 03:01 I deal with that every day, especially in New Jersey, which has abused that situation to an amazing degree. To such a degree of absurdity, to a degree that generally in America, people don’t understand just how bad it is in New Jersey. And New Jersey is proud of their tough gun laws. They’re proud of it. They even go and try to impose their will everywhere else when it comes to stopping law-abiding citizens from having guns. And of course, it’s all fueled by what? By the Left, by the Democrat Left. You know, there are some RHINOs that will jump on board now and then, but it’s essentially their position. The position of the Left is restrict guns, restrict gun rights, and be our oppressors. Okay? And we’ve had to deal with that fight. And so, what makes this very interesting is that they are now going to focus on what is a darling of the Left, and that is the transgender folks. You know, if you’re an illegal immigrant or transgender, then the Left bends over backwards for you in every way, and we’ve seen it. Whether it has to do with protecting violent criminals who are illegal immigrants or downplaying any time a trans commits a mass shooting. Putting out their propaganda that says, oh, you know, they’re really not, they’re really not any more dangerous. Evan Nappen 04:44 When we talked about that last, where we went deeper than the media propaganda on it to show, no, they actually is greater psychological issues for those that have the transgender dysphoria, that gender dysphoria. This is, you know, all part of the propaganda media. But what makes this interesting to me is now it might be, by way of what President Trump is considering, a way of putting the Left back on its heels. It may be something where ultimately the fight as to the Constitutionality of that very action could actually have a great effect on expanding and getting rid of so much of the extremism in New Jersey, because now it’s the Left’s ox being gored, and they don’t want that. They don’t like that. And so, now they get to choose. What is it? It’s like that meme where it has the guy sweating with the two red buttons, right? Gun control or supporting transgender? What is it that you like more? Right? You’ve got to pick, and they’re absolutely conflicted and can’t pick. Well, that puts it in perspective as to all the other suffering and all the other things they do preventing all kinds of other folks from being able to exercise their rights. Evan Nappen 06:33 So, it would really interestingly lay the groundwork on even the challenge, which I would assume would be sure to come, that could have much broader consequences if it’s found, in fact, to be unconstitutional. Who knows? Maybe it wouldn’t be, which then might be even a problem. I mean, it could make it worse. It’s true. It’s hard to say how that’ll play out, but definitely the politics of it are fascinating. And if we were to just for a moment take a position of, let’s say, the Trump Justice Department or the administration, where they’re looking at possibly enacting a trans ban and doing similar things in the way they have stopped trans from being in the military and have taken other steps regarding that. What actually could President Trump and his administration do to effectuate stopping trans from getting guns? So, there’s one thing right off the bat that they could pretty easily do. That is, on the 4473, when you fill out a 4473, which is the form you fill out when you buy a gun from a dealer, one of the things on that application asks, are you male, female or non-binary? (https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form- 53009/download) Page – 2 – of 14 Evan Nappen 08:10 So that non. No, no, that’s a separate question. That’s a separate question on it. That’s all. That’s a whole other racist issue there. But just on trans, the addition of non-binary to that form is, in effect, a lie. Because your birth is either male or female. And whatever you identify as, whatever your, you know, trans issues are, that’s all well and good. But basically, biological sex is something that factually can be determined. And what’s gotten interesting is that many states allow for non-binary on their driver’s licenses. So, by removing non-binary as a category of the 4473, which can be done in the same way that it was added to the 4473. It wasn’t done by laws. It was done by administration, by eliminating it. Now, anyone who doesn’t have an ID that specifies male or female becomes prohibited from acquiring a firearm from a dealer, because the Federal government doesn’t have to recognize non-binary as a category. And in fact, they could do that. Prior to that change being added to the 4473, individuals that had licenses from states that had non-binary as a category for their driver’s license ended up not being able to purchase guns from dealers and being able to fill out of the 4473. And that could be something that Trump could return to, by knocking out the non-binary category. Evan Nappen 10:09 It could even go further, because the driver’s licenses that list as non-binary could also easily be part of the NICS, the National Instant Check System. So, in fact, a database of non-binary, which exists in the states, can be fed into the NICS system. And that is precisely what happens with criminal records and what happens with mental health records. You can even say, hey, you know, whether I’m non-binary, that should be private. That should be. No, it’s not. I mean, mental health commitments aren’t private. If a mental health commitment is something that is databased into the NICS system and in which grant monies were provided under, specifically, the 2007 NICS Improvement Act to encourage states to put mental health commitments data into the database, well, it could be done for putting transgender, non- binary license holders into a database and making it a preclusion, because it’s no longer a category that can even be asked on the form. And, by the way, anyone who has received Federal monies for gender dysphoria treatments, medical records of it, medical commitments, in the same way that mental health commitments, that data can be accessed. If you think you have medical privacy, well, that’s a joke. Because I see it all the time in New Jersey. There is no medical privacy. And New Jersey goes even further. Evan Nappen 11:52 So, Trump could adopt the New Jersey model that they’re so proud of, the Jersey model, the New Jersey gun control, gun rights suppression question. It would just take a very simple modification. Because right now, New Jersey gun law, under N.J.S. 2C:58-3, which has the licensing criteria and what we call the disqualifiers. Well, right in there under subsection c., where they put all the disqualifiers, look at what it says. It says, “c. Who may obtain.” And when you go to number (3), it says, “To any person”, these are, this is someone who’s now prohibited, ready? “To any person who suffers from a physical defect or disease which would make it unsafe for that person to handle firearms, . . .” So, we’re immediately going at anybody with physical defect or disease, you know. If you have a physical disability, well, if it makes you unsafe to handle firearms, that’s New Jersey law right now on that. “. . . to any person with a substance use disorder involving drugs . . ., or to any alcoholic . . . unless any of the foregoing persons produces a
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Comments (28)

A.CANINO

Good Afternoon Evan I just listened to your latest Episode. one FAT Question-Does the New BS Rules of Accidental Discharges APLLY TO LAW ENFORCEMENT PERSONNEL, POLITICIANS & OTHER STATE OFFICIALS???? ALSO Does it Apply to FELONS, OR ARE THEY E EMPT AS WELL??? Why did I ask if it applies to Felons? simple They always seem to skate of every charge that they're charged with by a plea deal for a lesser charge?? thanks for all your services Evan, please keep up the great work you provide, al Canino

Jan 21st
Reply

Junaid Jabbar

When discussing gun law, it's important to also consider how it intersects with other legal areas—elder law ct at https://www.drazenlaw.com/elder-law-planning-services-attorney-milford-ct being one of them. Many older adults in Connecticut own firearms, and questions often arise around safe storage, transfer of ownership, or even capacity to legally possess a firearm as they age. A gun lawyer might handle 2nd Amendment rights, but when it comes to issues like guardianship, estate planning, or capacity evaluations, professionals familiar with elder law ct can offer critical insight. In some cases, both areas of law need to work together to ensure rights are respected while also prioritizing safety and compliance.

Jun 29th
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A.CANINO

good morning Evan, thank ypu for the really important information that ypu educate us on. My question is about properties owned by you VIA a Trust Owned Property. As a Beneficiary of a Property Via a Trust, am I considered a property owner??? thank again for all your great work. Al Canino

Jan 10th
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A.CANINO

Continued: Thank you Evan, Al Canino

Dec 13th
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A.CANINO

Continued: Your office stated that you could not give me advice as to how I should reapply. which is, do I reapply stating I was denied application for permit to carry, or I just Apply as New Application, without stating I was denied. So that what I still want to know. Unfortunately, I've been extremely busy that I didn't have the time to follow thru since my original application. I want to pursue it, & if they wanna try to make an example out of me fine, I'm Ready to stick it up their @$$!!!!

Dec 13th
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A.CANINO

Continued: He denies it on the bases that the state police gave Mr the wrong instructions and says I need to reapply thru the state police. So the Lt. informs me of this, so i asked for the copy of my application and on it is exactly what the jusmdge wrote- i sent you a copy if it for your advice. I also did the same thru the associations website. after about weeknor 2, Kathy called and wanted to know if anyone ever got back to me, I told her that Dan Schmitters office and yours, ......

Dec 13th
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A.CANINO

Continued: When I inquired with Bergen County court. the clerk says it's still in process, when I inform her "OK great. but you Cashed the money order 4 months ago. so what's up. she immediately put the phone down. and about 15 mins later came back and says, it's still in Process" .So now in contact the local PD - Hasbrouck Heights PD. The Lt then goes to inquire himself and as they're discussing my application, the judge overheard the conversation and looks at the application and says denied...

Dec 13th
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A.CANINO

good evening Evan, I've been a passionate listener to your seminars for years. I have a question in which you and 2 other attorneys in NJ answered. my question was and still is ,regarding NJ Carry Permit applications. My dilemma is this: When I submitted my application, I ran into the traditional SNAFU of NJ political Injustice. Gee what could that be, well here it is: As a Non Resident and have a home in NJ, the state police instructs you to apply as a Resident. I waited 6 months and no answer.

Dec 13th
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A.CANINO

the 3rd circuit appeals court rules in our favor again: https://share.newsbreak.com/662p50kw

Feb 16th
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A.CANINO

Hi Evan, thus article popped up today: can you comment on it? thank you, Alfred Canino: https://share.newsbreak.com/5wq670gd

Jan 15th
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Al Canino

Hi Evan, here's something that is definitely important to know about when it comes to private property, surveillance, and spying on people w/o a warrant in Pa.: https://www.post-gazette.com/life/outdoors/2023/12/25/private-property-game-commission-open-fields-gun-clubs/stories/202312160001

Dec 25th
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A.CANINO

Good Afternoon Evan, if you recall, the judge in Bergen County-Kaslo, denied my permit for not properly applying to the njsp. But it was the njsp that instructed me in an email to apply to the local PD. Now the NJSP website continues to same the same thing, "Thise with Fual Residences need to apply to the local PD, not the njsp. So which is true. I'm not going to be given the run around again. thank you, Al Canino

Aug 6th
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A.CANINO

Hi Evan, keep up the great work. adheres something I found Disturbing online today, and thought you should review it, and like to hear your opinion of another Communists Attempt to Steal your rights. https://share.newsbreak.com/4m0vk6xh

Aug 5th
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A.CANINO

Good morning Evan, I just listened to your latest podcast. With extreme proficiency levels as police, then we won't need police anymore, after all, they're never around when you need them anyway. thank you for your sharing your knowledge with us, Alfred Canino

Jul 24th
Reply

Al Canino

I found this on NewsBreak: Fighting for Gun Owners: Supreme Court Case Could Legalize Assault Weapons Nationwide I found this on NewsBreak: Fighting for Gun Owners: Supreme Court Case Could Legalize Assault Weapons Nationwide https://share.newsbreak.com/4b7pjeke

Jul 3rd
Reply

Al Canino

I found this on NewsBreak: The Supreme Court will decide if some judges have gone too far in striking down gun restrictions https://share.newsbreak.com/4b6kjh67

Jul 2nd
Reply

A.CANINO

micro stamp : k.o.t. (keep on truck'n,) S.S. (speak softly) S.W. (say What!!!) C.U.N.T (See You Next Trial)

Jul 2nd
Reply

A.CANINO

Hi Evan, I just found this on the web today: https://craigbushon.com/2023/06/montana-gun-owner-raided-by-irs-soviet-style-intimidation-raid/

Jun 21st
Reply

A.CANINO

Hi Evan, I did just that, back in 2019, when I officially became a Florida resident, I also applied for and received my new NJ FID Card, it only took the state 10 months to process and deliver it to the Totowa Barracks. The Sargent in charge at Totowa Barracks was very apologetic about the long overdue delivery, but he had no answers, and when I called NJ police hdqrtrs, they were very abusive and refused to give any information. Now the state police are saying the opposite about the fid card. when applying for the NJ carry permit, the question came up from others about out if state residents, and they actually said it doesn't matter if you have the beware address or not, it's good for life. But is their statement correct??? As you Know from the copy of my application i sent to you, Judge Kaslow denied my application on that same basis, So now om not rushing to get my jersey permit, not until judge bumb rules on the jerseys BS Crappy laws. especially the fees, the insurance requirem

Apr 8th
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A.CANINO

Hi Evan, you're don't a great job educating everyone about the Tyrannical NJ DemonicRatical Machine. You Worked and had my friends illegitimate laws. Can you explain the 450 rule and how is that exempt from the Expungement process?? thank you, Alfred Canino

Nov 16th
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