Gun Lawyer

  Episode 313-Red Taping Our Rights Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 14 Gun Lawyer — Episode 313 Transcript SUMMARY KEYWORDS Second Amendment, Gun laws, Carry permit, New York, Bureaucracy, Sensitive places, Firearms, Privacy, AI technology, Civil rights, Background checks, Mass shootings, Red flags, Legal advice, Gun ownership SPEAKERS Evan Nappen, Teddy Nappen, Speaker 3 Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 and I’m Teddy Nappen. Evan Nappen 00:23 And welcome to Gun Lawyer. So, as we go down the path of Second Amendment victories and as gun bans are falling and will continue to fall, I’m sure, outright bans, and as we see expansion of our rights federally dramatically, with elimination of 90% of NFA registration requirements, and what used to take literally nine months to a year waiting for paperwork, now in free states, you can obtain a silencer or a short-barrel rifle, short-barrel shotgun, or an AOW virtually with an instant check and a 4473. You’re able to, even for your own personal use in free states, make these things, believe it or not, without having to do the forms for your personal use there. It’s amazing what has happened, and the Second Amendment oppression lobby understands this, of course. They’re going to look for alternative methods of screwing with us. Evan Nappen 01:46 And one of the key ways that they are going to push is by creating unbelievably excessive bureaucracy in permitting systems, and there is no better example than New York’s carry permit application and process. Now, let me tell you, New Jersey is bad. No question. Massachusetts is bad. There’s a number of states. You know, Maryland isn’t a walk in the park either. All right. I mean, there’s a number of states that are just pain in the ass, but nothing comes close to the absurdity that is New York City carry permit. I’m going to go through with you what is involved in getting a New York City carry. Then after you get it, you are restricted because all of Times Square is a is a sensitive place that you can’t carry there, like the heart of New York, where you’d most likely want to go. You can’t have it on a bus. You can’t have it on a subway. You can’t have it on a train. I mean, it’s crazy. It’s virtually useless in the city. It’s so unbelievably restricted, and of course they’re looking to abuse sensitive places to invalidate the validity of permits. his is what New York did. They tried appealing it and going up to the Supreme Court, which did not grant cert on the challenge on New York City’s sensitive places. Page – 2 – of 14 Evan Nappen 03:40 Now we have a nice victory in a number of sensitive place challenges in the Koons decision, and we’re waiting for the Third Circuit in New Jersey to render its en banc opinion, which I’m cautiously optimistic is going to be really great regarding sensitive places. And that may set the stage for that challenge. But nonetheless, the application process will absolutely be the focus to red tape our rights to death. Let me review with you what New York non-resident required documents and what they will require of you in not just answering an unbelievable amount of intrusive questions that really are arguably just completely irrelevant to anything doing with a gun. Teddy Nappen 04:40 Just to be clear. This is for pretend. You’re an out-of-state individual trying to apply to the state, to the state of New York. This is what is required. What they just, they post it on their website. They make it very clear these are the hoops and pitfalls that they set up to try to get their in. Evan Nappen 05:00 Right. So, number one, you have to have a valid state or federal photo ID. You’re going to need proof of your date of birth, which keep in mind that’s in addition to your valid state or federal photo ID, and your proof of birth can only be a birth certificate with a raised seal. Keep that in mind. A U.S. passport or a U.S. military card. Then you need to provide your Social Security card. This is a copy of your social security card, not just the number. Then you have to provide proof of citizenship. Now, keep in mind, every one of these documents you’re going to have to have ready to upload. Proof of citizenship. You can have a passport, a birth certificate, naturalization documents, or alien registration card. Evan Nappen 06:03 If you resided in the U.S. for less than seven years, you must submit a certificate of good conduct or equivalent. Proof of residence in which you must provide either a lease agreement, electric or gas bill, cable or internet, or landline telephone. Keep that in mind. Landline telephone. Who even has them? Then you must provide a DMV, Division of Motor Vehicles, Lifetime Abstract. Every single Motor vehicle traffic ticket you’ve ever received in your life must be provided to New York. What does some speeding ticket from 30 years ago have to do with getting a gun permit? It doesn’t matter. You have to provide that Lifetime Abstract, which, by the way, is $15 from NJ Motor Vehicle. You’ll have to get that and get it sent to you and get it before you do this. All right. Evan Nappen 07:16 You’re going to need an affidavit of cohabitant form, notarized, unless you live alone, then just sign it. One form per household member. One form if you live alone, and then it has to be notarized. hen you need a New York PD safeguard firearms form where you agree to safeguard your firearms, and a copy of their state ID or driver’s license. And this safeguard firearm form is an individual you have to identify who can take control of your gun if you’re not able to, and they have to provide this form. So, it’s not just dependent on you. You now have to involve all these other people in your application. Then four character reference letters. Each one must be notarized by the person writing the letter. The references must be lawful U.S. residents. No relatives. All this is going to have to be up uploaded now. Copies of all other firearm licenses and permits held from any of the 50 states. You’ll have to list all of the permits you currently hold with the effective dates and issue dates, and include a PDF or image uploaded of all Page – 3 – of 14 licenses. And if you have a New Jersey Firearm ID card, you need to make up an expiration date because there are many of them issued that don’t have an expiration date, as the system requires an expiration date. Teddy Nappen 09:26 Well, when we were explaining, what you write, what you write is your date, and then the year 2099, effectively, like. Evan Nappen 09:33 Right, because that’s the max, which is absurd. Teddy Nappen 09:36 Yes. Evan Nappen 09:36 Then you need proof of completion of New York’s 18-hour, get a load of that, 18-hour CCW training course. It must be administered by a duly authorized instructor pursuant to New York law. It includes 16 hours of classroom instruction and two hour of live fire, and it must be no less than six months old prior to the submission of your application. Then you have to do an affirmation of understanding of New York Penal Law Article 35 265 and Article 400. Then, military discharge papers, if it’s applicable. If you served with the U.S. Armed Forces, you must submit a separate DD 214 and your discharge papers. Evan Nappen 10:40 Arrest information. You must submit all of the following for each arrest: criminal court summons, oath summons, or transit adjudication bureau summons. Certificate of Disposition from the court with a raised seal showing the offense and disposition of the charges, certificate of relief from disabilities if your conviction or guilty plea for a felony or serious offense, as defined in New York penal law, has been given relief from disabilities, a detailed written statement describing the circumstances surrounding each arrest or summons, not even just conviction, anything. You must do this even if the case was dismissed and the record sealed, or the case nullified by operation of law. How they can require expunged records is beyond me. Evan Nappen 11:46 Domestic incident report statement: Submit a statement pertaining to each domestic incident in which you were involved, which was reported to the police. So it’s every report, not just that you got a restraining order and it got dismissed. No. Any report. You’re going to have to know that took place and be able to explain it. You must include a description of the incident, the date of the address, the names of people involved and their relationship to you, order of protection, if applicable. So, if you have a copy of the order protection, all named parties, you’re going to have to do a detailed written statement on that. Processing times: 18-hour CCW course. Keep in mind, it’s valid for six months. The application submitted via the portal, $340 for the privilege of doing this insanity, and you have to get fingerprinted, of course, on top of it. This is a 17-page application, folks. It’s nuts, absolutely. Page – 4 – of 14 Page – 5 – of 14 Teddy Nappen 13:08 There’s one that caught my eye, Dad. That’s probably the worst of it all. You have to take photos of your firearm, photos of the serial number, and photos of the lockbox, and outside receipt showing you own that lockbox, and showing that you own it. And if you bought it on Amazon, you have to type I own the gun box and I purchased it on Amazon and it is in my home.” You have to give photos of where you are putting the firearms. So, you know, anyone who watches Lockpick Lawyer, they’re gonna get your gun. Like that’s ridiculous. Evan Nappen 13:51 And all this to get it, you can see, folks. This is what they’re going to do, and you can well see them trying to create an application of this magnitude to possess and get a license for a so-called assault firearm. You can see them doing this across the board, particularly in you know anti-gun, anti-Second Amendment oppression states. It’s just outrageously wron

  Episode 312-PD’s That Delay Gun Permits Face DOJ Investigations  Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 312 Transcript SUMMARY KEYWORDS DOJ investigation, firearm permits, civil rights, Second Amendment, New Jersey, dual residency, Florida law, NFA items, corporate politics, consumer backlash, Ruger production, revolver market, debanking, gun ownership, legal advice SPEAKERS Speaker 2, Teddy Nappen, Evan Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:22 And welcome to Gun Lawyer. So, the Department of Justice (DOJ) has opened an investigation into Pennsauken, New Jersey, for egregious firearm permit delays. That’s right. By the way, I’m gleaning this great information from our friends at AmmoLand from an article by Duncan Johnson, who’s the Editor in Chief. Excellent article entitled “DOJ Opens Investigation Into Pennsauken, NJ for Egregious Firearm Permit Delays”. (https://www.ammoland.com/2026/10/doj-probes-pennsauken-nj-gun-permit-delays/?utm_source=Ammoland+Subscribers&utm_campaign=ce3dc59f49-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-ce3dc59f49-21268623) Evan Nappen 01:03 And let me tell you, this is a new day and a new dawn for the nonsense that we’ve been putting up with in New Jersey for decades. It so happens that on October 14th, the Department of Justice opened a Civil Rights investigation into Pennsauken, New Jersey, PD regarding the deprivation of citizens’ rights through egregious and unjust delays in issuing firearm licenses. This investigation here is focusing on Pennsauken Township Police’s permitting system and seeing about the shenanigans that have been taken on there. The Assistant Attorney General (Harmeet K.) Dhillon of the Justice Department Civil Rights Division issued a press release. (https://www.justice.gov/opa/pr/justice-department-opens-investigation-pennsauken-new-jerseys-allegedly-unconstitutional) Because remember now, folks, under President Trump, the United States Department of Justice, which you know for decades has had a Civil Rights Division to investigate civil rights violations, such as freedom of speech, freedom of religion. Well, now they have a full section dedicated to the Second Amendment because the Second Amendment is not a second class right. Evan Nappen 02:38 Page – 2 – of 12 And what the AAG said is, “I have directed the Civil Rights Division, through our Second Amendment Section, to defend law-abiding citizens from local authorities who infringe on the right to safely carry legal firearms. Our investigation aims to discover if allegations of unconstitutional delays in firearm permitting are true, and if so, to fix it.” So, the DOJ is really stepping up here. And let’s be clear: Pennsauken is an example that is going to be made. That is exactly what is happening here. They are looking at ending permitting processes toward ending abusive ends when lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry. Evan Nappen 03:42 The DOJ release stated that Pennsauken, through the Pennsauken Police Department, is alleged to use just such abusive ends” to improperly limit Second Amendment rights. The days of being able to do whatever you want in New Jersey to trample over our Second Amendment rights is no longer okay, folks. This is important. No longer. The Civil Rights Division enforces the Second Amendment. The Civil Rights Division has taken on this issue with this New Jersey town, and it is not limited in any way to them only being forced to pick one town. If you live in a town, if you are subjected to an abuse of your rights through the permitting process, in which there is exorbitant delays, in which there is additional requirements that go beyond the law, if the fees are exorbitant, if there is any shenanigans that New Jersey has in the past routinely given us multiple examples via town after town, there now is a solution. Evan Nappen 05:34 And let me tell you something. This investigation and this effort by the DOJ are extremely significant. It shows you what President Trump, and his administration are willing to do. But here’s something that is directly a tool at hand that you have as an individual. You can go to the Department of Justice website, and they have one whole page dedicated. (https://www.justice.gov/crt/second-amendment-section) We’ll put the link on the website for Gun Lawyer for the show. We’ll even give you the link here, but you can just Google it. Evan Nappen 06:15 The heading of the website is Contact the Department of Justice to report a civil rights violation. (https://civilrights.justice.gov/report/?utm_campaign=0557c203-eeef-45b8-9f87-213a4523741a) What it says: If you believe you or someone else has experienced a civil rights violation, tell us what happened. And there, right on the web, is a contact form. You give your name, your address, and your information for contact, and then it says it asks, “Have you ever been an active duty service member?” Then as you go through the form, you’ll see that it clicks you through a very simple process, and then it asks, “What’s your primary reason for contacting the civil rights division?” And then it lists choices, and the choices are workplace discrimination, housing discrimination, discrimination at school, mistreatment by police, correctional staff, or inmates, which talks about being denied rights while incarcerated. Evan Nappen 07:35 So, if you’re subject to the Gun Owner Gulag or are being unjustly abused in the enforcement of gun rights, you can go there. If you’re discriminated against in commercial location or public housing, or something else has happened, you can click these. You can file and pick what fits your matter, and then worst case, something else happened. You can just list where it happened, what it is, and you can see that it’s very simple. It asks location, personal characteristics, date, description. Then boom, it goes Page – 3 – of 12 off to the DOJ. You can trigger investigations, and you could get the DOJ to look at your situation. The fact that this is out there and is so simple to use that anyone can file this. I want you to do this if you have been subject to a problem. If your Second Amendment rights have been abused by any agency with exorbitant delays or other issues that are utterly unfair and you believe is a violation of your civil rights, report them to the DOJ. Report them. We now have this ability and enforcement mechanism that is superior to the State of New Jersey, superior to any police department, and the old boy network of the county covering up for the town and the state covering up for the county and the entire New Jersey anti-second amendment agenda. There now is a legal force that is above all that that you can invoke. Take advantage of this. Teddy Nappen 09:52 There’s a little bit of a beautiful irony because the Left have done their damnedest to find different ways of going after gun owners. Where oh, try to get them reported, try to get extremist protection orders, doing everything they can. To the point where you had, who was it, Tim Walz, who was creating that whole whisper network of informing on your neighbors. I love the beautiful irony of where we can call on the federal government to go after the anti-gunners and go after these groups that are trying to destroy and take away people’s rights and deny people their right. Evan Nappen 10:28 Absolutely, this is an amazing opportunity. Never before, never before in American history has this been available to us as gun owners, as those that want to see our Second Amendment rights enforced and protected. This now exists, and it exists because of President Trump’s administration making it exist. There is a Second Amendment Division of the DOJ, and it’s not just something that you can file and goes into oblivion. They are taking action, as demonstrated for a fact by their public announcement of the investigation of Pennsauken over this nonsense. Evan Nappen 11:24 So, if you or anyone you know has suffered in any of these ways, let the U.S. Department of Justice Civil Rights Division know about it. Let them know about it. You can go easily on the website to get that done. Doesn’t take long. You don’t need an attorney. You don’t need to pay anything. You don’t need to go crazy finding where, who, what, or even wondering if anyone will pay attention to you. This is now there as a function on the DOJ website via the internet that all of us have access to bring to the attention of the Department of Justice the abuse of our Second Amendment rights by these agencies, and these agencies need to know that this is out there. Evan Nappen 12:26 f you’re from an agency and you hear this, you better know that you can be reported and will be reported to the Department of Justice. So, if you want to be their next news release, just keep doing what you’re doing, because that’s what’s going to happen. And then you can be subject to the penalties that exist within the enforcement mechanism of our civil rights, that for years have been utilized on those other important issues in civil rights. The Second Amendment section is finally there to give us those protections. This is a great thing and a great day. President Trump and his administration deserve a lot of credit for so many things involving the Second Amendment. I mean, the list is enormous, but this is amazing. This is amazing. This never existed before, and now we have something Page – 4 – of 12 that can actually take on New Jersey’s oppression of Second Amendment rights. So, don’t hesitate to use it, folks. Don’t hesitate to alert the DOJ about what’s going on in New Jersey? I know I’m not. Evan Nappen 13:44 Hey, I also want to bring up some interesting news bits that I think you’ll appreciate that you may not have been aware of because you

  Episode 311-Weaponizing Mental Health Against 2A Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer — Episode 311 Transcript SUMMARY KEYWORDS Second Amendment, Mental health, Gun laws, ERPO, Red flag, Due process, Search warrant, Wellness check, Confiscation, Civil rights, Firearms license, Arrive Together, Police intervention, Privacy rights, Judicial bias SPEAKERS Teddy Nappen, Speaker 3, Evan Nappen Evan Nappen 00:19 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:23 And welcome to Gun Lawyer. Today we are going to take an in-depth look at how the Second Amendment oppressionists are weaponizing, literally weaponizing, mental health against our rights. Yu know, with the expansion of the Second Amendment as our tool to dismantle gun laws and end the oppression that we’ve been suffering under these traditional gun laws, beginning with the National Firearms Act (NFA) and all through up until you know ’60s and ’70s, we’re seeing these laws fall by the wayside. The opponents of our constitutional rights are scrambling to find avenues, other avenues to exploit, to weaponize, to continue to try to disarm us, take away our rights, and take our guns. Evan Nappen 01:43 One of the rich veins that they have been tapping into is the weaponization of mental health, and using mental health as the vehicle to seize guns and disarm people at a record pace, frankly. They’re doing it by a number of different tactics that they’re tying into one another. And what we have going on, particularly in New Jersey, is they’re building on their base confiscation. Their base confiscation is ERPOs, which are Extreme Risk Protection Orders, sometimes called Red Flag. Now, New Jersey’s Extreme Risk Protection Order system is the absolute worst ever created or imagined. New Jersey has it because there is zero due process up front when it comes to the utilization of and implementation of an ERPO. Evan Nappen 02:57 So, what happens with an ERPO is an individual or even just law enforcement themselves, without the individual being a participant, can then file the ERPO with the court. Of which, the person who’s going to be subjected to it has no say and has no knowledge of it even taking place. That ERPO restrains that person immediately from possessing firearms. Then built into the ERPO is a search warrant in which Page – 2 – of 11 the individual’s Fourth Amendment rights get weaponized against them to have the search take place and guns seized. The person’s house, you know, is tossed looking for weapons. After the damage is done, after the Order is put forward and the privacy of one’s home is invaded, and your property is taken, then and only then do you get a chance to go to court, which they put in the law has to take place within 10 days. Evan Nappen 04:16 So now, with all the damage done, you’re railroaded into a hearing within 10 days to try to fight to get your guns and your gun rights back. And if this TERPO, which is the initial ERPO, which is a Temporary Extreme Risk Protection Order, becomes a FERPO, which is a Final Extreme Risk Protection Order, all under the banner of ERPO. Any of those protection orders operate as a bar to you having firearms, and you can then be prosecuted for possession of any guns if you are subject to an ERPO. You’re prosecuted in the same manner as a felon in possession would be. This is the foundation of the psychological mental health weaponization because the TERPO is based upon some allegation that you’re an extreme risk. Evan Nappen 05:19 The extreme risk is painted often in terms of some mental health issue, some mental health concern. The person’s angry. The person’s upset. The person is acting oddly in a way that they somehow can put at the most minimal amount of accusation forward without anything countering it to have this happen, and these Red Flag / ERPOs are now combined. Okay, now you have to take this base of confiscation mechanism. So, you have this basic mechanism in place, and then it gets combined with the wellness check, so-called. Where somebody has a concern, whether valid or not, and says to the police, “Well, I think that this person might be a danger to themselves.” At which time, the police coordinate to try to get the person either to agree to go to be evaluated for mental health, or forced into it. Forced into a so-called wellness check, a mental health evaluation. Then you have springing up the mental health commitment gun prohibitions, which are standalone prohibitions where an individual is prohibited because they’ve had a voluntary or involuntary mental health commitment. And that, too, was put forward by Murphy in the Carry Killer Law. Evan Nappen 07:11 By the way, that changing of mental health commitment to not just be involuntary but even voluntary, creating a standalone separate bar to getting a firearm license and being able to even arguably continue to possess firearms. So, this is built into the abuse system. You have the mechanism for search and seizure that’s done with no due process. Then you have the wellness check mechanism there to have this take place. Then you have the mental health commitment denial in this weaponization effort. And then you have another couple of fronts, including the question that you’ll find on a firearm application: Have you ever been treated or observed by any doctor or psychiatrist or any mental condition, etc., etc.? Now, if you’ve even been treated or observed, then you then are going to have to overcome that to get a firearm license, to have a gun, to keep your permit, to avoid a revocation, and that requires a doctor at best. If this will even cut the mustard, so to speak, a doctor to say that you’re safe for firearms. And, of course, most doctors are cowards. They don’t want to say anybody’s good for guns, even though they know you are, you are good for guns. Because they’re afraid that if there’s a problem with you and your gun, they’re going to get sued. So, good luck finding a Page – 3 – of 11 doctor willing to even do the letters. And if you have a mental health commitment itself, then you’re going to need to get a mental health expungement before you can even get your rights restored. And apart from the amount of legal time, which is a lot to get a mental health expunge done, you’re going to need a doctor’s report there saying you’re safe for guns. So, you see, they’ve built this whole weaponization. Evan Nappen 09:20 Now, on top of everything that I’ve just said there, the Attorney General Jennifer Davenport has recently announced the expansion of the ARRIVE Together program. (https://www.njoag.gov/attorney-general-davenport-announces-expansion-of-the-arrive-together-program/) Oh my! What is the ARRIVE Together program? Well, that’s the Alternative Responses to Reduce Instances of Violence and Escalation. You know that’s right out of “1984” there. You know, it’s Big Brother labeling. Evan Nappen 09:52 And what is this? What is this? Well, this is where you see municipal police departments partner with mental health professionals and resources to do what I just said. The basis for this announcement, this September 29 news release, is that the Attorney General in New Jersey is proud to announce that every municipality in Mercer County is now covered by this ARRIVE program. Every municipality can now be fully weaponized with the operational personnel to make happen what I just said by a mere phone call. Even an anonymous phone call. We’ve seen that happen. And Mercer County, by the way, isn’t the only county. They’re bragging, first of all, that since they’ve put the ARRIVE program together, there have been 21,500 successful interventions. That means anybody there with guns, you know, has had them seized. ‘s built and baked right into the cake. They now say that 81% of New Jerseyeans have access to the ARRIVE program. It’s covering 700 municipalities just in Mercer County, and that’s even prior to its full county-wide expansion. Evan Nappen 11:57 It is now fully operational in every municipality in the following counties, folks. Every municipality in the following counties has this mechanism for weaponization of mental health to confiscate guns, utilizing everything I just talked about, and this is how it gets initiated. One of any number of ways, but this is one of their favorite ways. he counties that have full coverage now: Cape May, Cumberland, Gloucester, Hudson, Hunterdon, Monmouth, Morris, Sussex, and Union counties have ARRIVE in every one of their municipalities. in all, more than 81% of New Jersey residents are covered by this. And it goes on to say, anyone experiencing a mental health crisis, in addition to struggling with substance abuse or having thoughts of suicide, can call the crisis numbers, and lo and behold, this is invoked. Evan Nappen 13:18 And it’s not just only by that, because you have that entire Red Flag / ERPO mechanism ready to roll. In addition to that, you have what is called Duty to Warn, where any medical professional is required in New Jersey, nurses, therapists, doctors, if a person makes any statement that they want to harm others or harm themselves in any way, they are required to contact police over it. And boom, this invokes. I mean, if you just go and you tell your therapist, “Man, I had such a rotten day, I could kill myself”, even though it’s just a hyperbolic statement. It doesn’t matter. Or that guy got me so mad, I could kill him. Page – 4 – of 11 Doesn’t matter. It’s like making a bomb joke at the airport. This complete picture, as we see growing. This is what they want to spread throughout the United States. This is their inroad to having this banner of mental health assistance and doing good under this banner of this to oppress and disarm and take away guns and gun rights. And this is how it actually is getting used. This is not anything new. Historically, politically, this has been a main

  Episode 310-SCOTUS… its cup runneth over Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 310 Transcript SUMMARY KEYWORDS Second Amendment, SCOTUS, gun laws, case law, firearm cases, felon possession, machine guns, sensitive places, age restrictions, licensing reciprocity, domestic violence, short barrels, free speech, due process, gun deserts SPEAKERS Speaker 3, Evan Nappen, Teddy Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:22 Yes, you are. And welcome to Gun Lawyer. So, this is very exciting because I’ve been involved, basically dedicated my entire life and career to Second Amendment, and proud of it. I’ve loved and still do love fighting for our rights and helping good people. And when I see the following, it is very, very exciting because the turnaround is just amazing. SCOTUS, which is our anacronym for the Supreme Court of the United States, SCOTUS, currently has, as we speak right now, 57 firearm-related cases. Now that doesn’t mean they’re going to hear all 57 cases, but it’s very encouraging. Evan Nappen 01:29 They have 57 gun cases that are getting conferenced by the United States Supreme Court, in which they may take who knows how many, if any, but they may take that will again put the Second Amendment to the forefront and create more case law that we get to use in further challenges and seeing the death of various gun laws. Now remember, the Supreme Court has accepted already Viramontes and Grant, and that is the assault fireman. You know, and maybe magazines. It seems like they might also be considering mags, maybe, maybe not, as part of that. That remains to be seen. But it’s definitely the assault, so-called assault weapon, assault firearm ban that the Supreme Court is going to see whether it is in fact a violation of the Second Amendment or not. That’s going to most likely we’ll see that decision itself in June (2027). Evan Nappen 02:40 But what we have right now are 57 cases where the Supreme Court is conferencing them. When the Supreme Court conferences cases, it’s where the judges discuss the cases and decide whether or not to grant certiorari, in other words, whether or not to grant the hearing on their appeal to the Supreme Court. If the vote gets four of the judges to say, “Yeah, we want to consider this case”, that means there will be a formal Supreme Court appeal that takes place on that case, where briefs will be done and a Page – 2 – of 12 written Supreme Court opinion will come from it, and that will create more Supreme Court case law, which will apply to the entire United States. So this is why it’s so exciting because there’s 57 Firearm cases, and I’ve taken this, by the way, from an article from Bearing Arms, which is titled “SCOTUS Has Plate Full With Gun-Related Cases for Conference”, and it’s by Tom Knighton. (https://bearingarms.com/tomknighton/2026/09/28/scotus-has-plate-full-with-gun-related-cases-for-conference-n1233951?fbclid=IwY2xjawUoGBNleHRuA2FlbQIxMQBwZG9mA3NydGMGYXBwX2lkDzQwOTk2MjYyMzA4NTYwOQABHhaeKYFggEs5knGWTHaq7j9dad_ILCqEs6y-KXBm7XBe9xpW7PJed09DlZ6u_aem_FvBLjsHNAHM3unLAGvxz9Q) Evan Nappen 03:54 And listen to what these cases are that they may or may not take. It’s exciting. Thirty-nine of the cases are challenging the felon in possession ban, or the state equivalent of felons possessing guns. Three of the cases regarding the constitutional protection of machine guns. That’s interesting. Three going at the federal law banning possession by unlawful drug users. One of them going at the federal ban on possession of firearms by aliens lawfully present in the United States. So, they’re talking about legal, not illegal, aliens in the U.S. and their ability to possess. There’s one that goes at Washington State’s civil protection order statute, which is, I guess, similar to, you know, the domestic violence restraining order type. There’s a challenge to Maryland’s sensitive place restrictions. So, we got a sensitive place restriction case that possibly the Supreme Court will take, which could be very helpful to us in New Jersey. Evan Nappen 05:12 An age restriction case regarding 18 to 20 year olds being denied their constitutional rights. A commerce clause challenge to 922(g)(1). So, they’re claiming how the federal law on the regulation of firearms violates commerce. There’s one to a shall issue licensing regimes. I thought most of these shall issues were dead, particularly after Bruen. But we probably have some rogue state trying something. Here’s a really, really good one. Boy, I’d love for them to take this one, too. Interstate licensing reciprocity. Maybe we can get national reciprocity accomplished judicially if we can get the Supreme Court to take this case and decide that one permit is valid everywhere in the U.S. or something else along those lines, and why. Teddy Nappen 06:15 Would that also, I don’t know, if that goes even further. Where, say, for example, go to a different state and wanting to buy a gun, you don’t have to transfer it to a dealer instead. Evan Nappen 06:24 Well, that’s different. This is about licensing. Evan Nappen 06:27 Why they would explore that. Well, maybe, maybe, maybe. Depending on what they’re, how they’re viewing licensing as permitting. I think they mean by carrying. Page – 3 – of 12 Page – 4 – of 12 Teddy Nappen 06:35 Like this basic example. New Jersey has their like FPIC. If another state recognizes that, would that be a way? That would I guess that would be kind of a way. Well we have a Evan Nappen 06:43 Well, we have it to a certain degree. You can buy out-of-state, just not handguns. The Fifth Circuit, I believe it was, recently said that’s unconstitutional. So, we should be able to buy guns since it’s a constitutional right anywhere in the U. S. Why are you restricted where you can only buy your handgun in your resident state? There’s no reason for that, so that’s being challenged. It was successfully challenged in the Fifth Circuit. We’re probably going to see that make its way up to SCOTUS. Then there’s another case on banning possession, the ban on possession by anyone who has a domestic violence misdemeanor. Remember, originally misdemeanors were never disqualifiers for guns. But because of the political correctness surrounding domestic violence, they get a special status of being a disqualifier. So, if you’re convicted, for example, of committing simple assault on your spouse, even at a misdemeanor level, then you’re barred from owning firearms anywhere in the United States. But if you go around beating up complete strangers all day long and get conviction after conviction for simple assault, but it’s not domestic violence, you’re not a prohibited person, okay? So that. Teddy Nappen 07:52 And also that’s the equivalent of “he threw pretzels at me”. So, that it can be just yeah. Evan Nappen 08:08 And we’ve had it just so extreme. There’s another one challenging the federal ban on short barrel shotguns. You know all the NFA stuff is making its way up to the court. One on military courts’ ability to impose firearm restrictions as part of court-martial sentencing. And then a challenge to New York’s prohibition on tasers and stun guns. Evan Nappen 08:35 As far as that goes, this is a heck of a pile. It’s really great to see the massive amount of litigation that is now taking place to try to free our Second Amendment rights from the chains that they’ve been bound by for all these years by these oppressive laws. One of the key cases here, yeah, well, one of them that I think might be really important, just so you know, is the short barrel shotgun case, which are considering whether they’re arms under the Second Amendment. That may be very important because remember we had the Big Beautiful Bill, which led to the Big Beautiful Lawsuit, but that’s just going at the jurisdiction of taxation. If we get a case that finally declares them to actually just be flat out protected under the Second Amendment, then that will kill it dead permanently. Teddy Nappen 09:36 I remember, Dad, weren’t you in that whole fight with Stryker? You were there to help fight against that at the time, if I recall. Evan Nappen 09:43 Yeah, the Striker 12. New Jersey made it an assault firearm, and the federal government then made it NFA as a destructive device. We tried to fight and challenge it, and that was when the 1994 Crime Bill, I Page – 5 – of 12 like to. The 1994 bill that was a crime had the assault weapon federal law in it. It included the strikers. So as a preemptive publicity stunt, the ATF declared that so-called Striker 12s and street sweepers-they weren’t shotguns; they are destructive devices, and you had to register them NFA. Now you could do it at no charge, but this was really an abuse. And yet, to this day, the Stryker 12 still falls in this category of DD. Not even short barrel rifle or any of that, a short barrel shotgun, but actually destructive device. So, it may, though, ultimately prove to be the undoing of even the destructive device federal statute. Evan Nappen 10:55 Really, all the Stryker 12 is and a street sweeper is a 12-gauge shotgun that feeds from a drum, and yet even though the drum-fed Stryker 12 street sweeper, which is a fixed magazine, it’s a fixed revolving drum. You don’t remove it. You have to very much similar to a single action army Colt, like the old cowboy revolver. You got to pop out each shell and reload a new shell into that drum, right? Yet you can get a semi-automatic shotgun that is magazine-fed that uses drums that hold more rounds than even the Stryker 12, and it’s a detachable magazine, and they’re just shotguns, which is fine. That’s exactly what they should be, but tell me why the slower to load 12 gauge drum-fed 12-shot magazine shotgun is a destructive device, but the semi-automatic shotgun that uses detachable drum magazines and fires faster an

  Episode 309-Legalizing Self Defense in NJ Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 10 Gun Lawyer — Episode 309 Transcript SUMMARY KEYWORDS Gun rights, Lawsuit, Self-defense, Second Amendment, New Jersey, Weapon ban, Case law, Bruen case, Legal litigation, Arms ban, Knife rights, Stun guns, Slingshots, Media censorship, Expungement SPEAKERS Evan Nappen, Teddy Nappen, Speaker 3 Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. Well, I have some very exciting news. There is an extremely important lawsuit that has just recently been brought by the Association of New Jersey Rifle and Pistol Clubs, and with Knife Rights, joining in to sue New Jersey. (https://www.anjrpc.org/page/LawsuitToOverturnNJsSelfDefenseBan) Of course, when you do that, you name the Attorney General (Jennifer) Davenport, and also we have the Superintendent of State Police (Jeanne) Hengemuhle. I don’t know. I’m probably butchering that name up pretty good, but anyway, it’s the Superintendent of State Police. Evan Nappen 01:16 In this case, this Association case, what is being challenged, and it is something that has been begging to be challenged, is New Jersey’s ban on self-defense. It is a part of, specifically, and I’ll explain why, New Jersey’s ban on everything other than guns. Their garbage can clause of weapons prohibition. The insanity of New Jersey’s weapons ban has, in its foundation, really, what I know you, as our great listeners, will find shocking as to the case law as it currently stands in New Jersey, that we are looking to absolutely put into the garbage can of history, and that’s where it belongs. Evan Nappen 02:25 Let me go through with you the actual complaint. You know, lots of times when you hear about lawsuits and litigation and these things, you usually hear about it in general terms. You hear about, you know, kind of a summary of what it is. We’re going to get a little more into the weeds here, and I think you’re going to find it interesting and why. I’ll expand your horizons to understanding how incredibly significant this litigation is, and how the stars have actually lined up for us, so we’re of course moving under. When I say we, I mean our side. I did help with this litigation. I’m not counsel of record, of course. That’s my good friend and colleague Dan Schmutter. He does the federal litigation for our state Association, and it’s a fantastic job here that has really laid it out well. Page – 2 – of 10 Evan Nappen 03:43 So, we’re coming from, of course, the Second Amendment, and the Second Amendment, as noted in the Bruen case specifically, of the trifecta, the Bruen case, that the Second Amendment’s plain text presumptively guarantees a right to bear arms in public for self-defense. e all know that in our hearts, and we know this as case law. We know that that is what the Second Amendment does, and Bruen established that self-defense outside the home is a protected right. So, in the New York State Rifle versus Pistol Association, I mean New York State Rifle and Pistol versus Bruen, the court also there found that courts should not be in the business of demanding that citizens use more force for self-defense than they are comfortable wielding. Evan Nappen 04:55 What does this all mean, and how does this apply to New Jersey? Well, it’s very simple. Let’s accept the initial premise, the Second Amendment is not the right to keep and bear guns. It’s the right to keep and bear arms, and arms are a lot more than guns. Arms are essentially any tool of self-defense, and we have the right for that. And what New Jersey is now going to have to defend is the insanity of where New Jersey wants to keep us defenseless. Absolutely wants to keep us defenseless, and the case law proves it. So, the key case that we’re going to talk about in just a little bit of the existing case law is a case of State v. Kelly. Evan Nappen 05:58 But before we get to Kelly, let me talk about the specific statute, the specific laws, so you get an understanding of what New Jersey does. New Jersey defines “weapon” as anything readily capable of lethal use or of inflicting serious bodily injury. Then it says the term includes, but is not limited to, and they do a laundry list of weapons, and of the weapons that they list, a lot of them are pretty good ideas. But anyway, it’s all part of it. So, you find that definition under N.J.S. 2C:39-1(r). So, in other words, under New Jersey’s definition of “weapon”, anything can be prohibited as a weapon. Aa baseball bat, a hammer, a screwdriver, a knife, a box cutter, bear spray, a stick, anything, and if you use it as a weapon, even your shoe, then it’s a weapon. Evan Nappen 07:10 A good example: if you happen to have a baseball bat in your car, but you’re not on the way to a baseball game, you can be arrested, prosecuted, imprisoned for weapon possession. Here’s how it works. Because New Jersey’s prohibition-remember, weapon is just what we talked about in definition-but the prohibition, which you find under N.J.S. 2C:39-5(d), prohibits the possession of any weapon. In other words, any object can be used as a weapon. And here’s right from the statute quote: Under circumstances not manifestly appropriate for such lawful uses as it may have, and here’s the kicker: you might think to yourself, “Okay, as long as you have a manifest appropriate use, right, a lawful use, then you should be okay.” Well, here’s a shocker, folks. In State v. Kelly, the court found that preemptively arming yourself for self-defense, to have a weapon for self-defense, is not a lawful use. Let that sink in. You can be prosecuted because you had the nerve to arm yourself with a weapon for self-defense, which is our constitutionally protected right to be able to do. And where do you hear the facts? Page – 3 – of 10 Teddy Nappen 09:01 Go ahead, Teddy. In the complaint, demonstrating that the biggest. I love how they pepper, and you can when you’re reading it, you see they always hammer this point back. Versus State v. Kelly, the single mother. Evan Nappen 09:15 Well, yeah, I want. Let’s talk. I want to talk about the facts of Kelly. Here’s the facts of Kelly. 1990, Kelly case. A single mother of a young child was convicted of possessing a box cutter after successfully fending off her violent boyfriend, who was in the process of beating her to death. Did you hear that? As far as the charges for her use of the box cutter to save her life and defend herself, child, etc. that was all fine. But she’s convicted of possessing the knife under 39:5(d) because the court makes this decision that essentially finds, back in 1990, and it still, you know, that law is still on the books as case law. It’s been modified slightly, and we’ll get to that in a moment. That having a weapon for self-defense doesn’t fit that “manifest lawful purpose”. It’s crazy. Then from there, a subsequent case, after the decision in Heller and McDonald applying the Second Amendment to back to the state of New Jersey, the courts decided another case called Montalvo. In Montalvo, in that case, a person comes to the door with a machete. Somebody’s banging on the door. He doesn’t know who it is, and it’s law enforcement. Well, he didn’t know that, and he wasn’t threatening them. But when he came to the door with the machete, he’s like, “oh, it’s officers, not a problem. He’s not. Well, there’s like, “Hey, you just preemptively armed yourself with a weapon for self-defense. They charge him in the same manner that Kelly had been charged, but the court here distinguished because they realized they had to under Heller, where you were allowed to have in your home weapons for self-defense. The court there said, well, if you preemptively arm yourself in your home, that’s okay, but not outside your home. So, the current law right now is you can’t preemptively arm yourself with any of these other weapons outside your home. Evan Nappen 11:53 Now, when it comes to a gun, that’s different. If you have a handgun and that’s a carry permit, and that’s where you’re allowed to, but only a handgun with a carry permit, right? Short of that, with the minor exception of less than three quarters of an ounce of pepper spray, you cannot preemptively arm yourself with any of these things. And if you have something like that, and it’s a weapon, you’re subject to prosecution for a felony level offense, and New Jersey is now going to be put to the mat on this law. The full definition under 39- 1(r) of non-firearm weapon means anything readily capable of lethal use or inflicting serious bodily injury. The term includes, but is not limited to, and of course, it includes firearms. But with firearm licensing, you have the exception. Evan Nappen 12:55 Then, gravity knives, switchblade knives, daggers, dirks, stilettos, other dangerous knives, whatever the hell that means, billies, which are similar to nightsticks and trudgens, and they’re impact weapons, right? Blackjacks, bludgeons, metal knuckles, sand clubs, slingshots. Oh, slingshots! Cesti or similar leather bands studded with metal filings or razor blades embedded in wood. Like I said, has a lot of good ideas here, but all these weapons, cesti leather wrap, that was famous. You know, the Roman gladiators would wrap their hands in leather wrap, etc. Well, that’s just a list of what it includes, but isn’t limited to. And by the way, in the list of weapon is stun guns and other devices which project, release, Page – 4 – of 10 or emit tear gas. So, the exemption for tear gas or other, you know, pepper spray and all that is less than three quarters of an ounce. Evan Nappen 14:07 Well, this lawsuit will make it so you can have any size of pepper spray, etc. Stun guns, even though you may have heard about New Jersey saying stun guns are lawful. They’re lawful for possession, but not carrying outside your home. So, winning this lawsuit