Episode 188-Trump Can’t Own Guns Now

Gun Lawyer

Episode 188-Trump Can’t Own Guns Now

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Podcast Transcript

Gun Lawyer Episode 188

SUMMARY KEYWORDS

nra, president trump, gun, law, new jersey, convicted felon, new york, prohibited, list, political, overturned, firearm, president, guns, abiding citizens, convicted, conviction, absurd, great, disclose

SPEAKERS

Speaker 3, Evan Nappen

Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, the big, big news, of course, is that President Trump became a convicted felon in the State of New York. That’s right. This was a state court, and it shows. I’m sure if you followed the trial, you would see just how unbelievably political and unfair it was. There’s no doubt in my mind at all that it’s going to be overturned on appeal. There are so many issues, so many Constitutional violations. Basically, the judge set out to get him convicted at any cost, and he obviously doesn’t care if he’s going to get overturned on appeal. His mission was to torpedo Trump. And when it’s reversed on appeal, well, that’s good, but that’ll be after the election. So, there’s the game. It was so patently obvious.

Evan Nappen 01:23
Apart from the disgust of seeing this devastating blow to our justice system and officially making us a banana republic, of course, by doing this to your political enemies, the interesting thing for us, because what do we care about? We care about guns. Is to now say and realize that President Trump is prohibited from having a gun. That’s right. As a convicted felon, he has lost his gun rights everywhere in the United States. Because if you’re convicted of felonies, which should be any crime in which the penalty exceeds one year, which is defined under Federal law as being over two years. The offenses that they convicted Trump of do arguably carry a potential of over two years in jail. He joins the ranks of prohibited people when it comes to guns.

Evan Nappen 02:37
So, now think about just how absurd and stupid this situation is. He was formerly the President, and he’s the Republican candidate for President. He’s leading in the polls, and as a matter of fact, all this law fair is so obviously political, it’s actually helping his campaign. It’s backfiring on the Democrats because it’s so clear what’s going on, and it’s disgusting to any reasonable person. But he’s on a path to being reelected as President. If he is reelected, and I suspect he will be, and this conviction does not get overturned before he becomes President, which is unlikely because the appeals process takes a long time. Now, there may be some ability for that to happen. I don’t know. But most likely, it won’t. That means that the most powerful person in the world, the President of the United States, who literally has his fingers on the nuclear arsenal of America is not legal to possess a .22 rifle. Think about that. That’s right. The President of the United States, who has the Armed Forces of America at his disposal, can’t have a handgun. Can’t have a rifle. Can’t have a shotgun. Nope. Because he’s a prohibited person.

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Evan Nappen 04:30
Now you can be President and still be a convicted felon. As a matter of fact, he could be in jail and be President. You’re not prohibited from being President and all the perks that come with being President. But he cannot pardon himself for this New York matter because it’s a State political conviction. It’s a State persecution of President Trump. The only pardon that could work would be a pardon from the Governor. Of course, the anti-gun, left wing, horrible Governor of New York isn’t going to pardon Trump. So, this conviction, until some greater authority overturns it, makes him a prohibited person under Federal law, and frankly, in every state in the United States, for a non-violent felony. It doesn’t matter, when it comes to gun laws, how unfair, ridiculous, political, and absurd the conviction is. It’s still a conviction and that makes him a prohibited person.

Evan Nappen 06:01
But it does illustrate just how absurd our felon in possession laws is. They don’t distinguish between violent and non-violent offenses. They don’t even do that. At one time, way back early on, they did, and it was only violent felons that were prohibited. And that wasn’t that far back. But it was far enough back. Then, like everything else, the encroachment on rights began. It then went federally to just about any convicted felon. If your jail sentence exceeds two years and it’s either labeled a felony or if it’s a misdemeanor that exceeds two years, then it’s technically a federal prohibitor and you can’t have a gun. So, this Federal prohibitor is so broad and absurd. We’ve talked before about how it has institutionalized racism built in because of the high ratio of blacks versus whites that are felons, and Hispanics that are felons compared to whites. So that built-in unfairness is there.

Evan Nappen 07:33
The thing that really gets me as unfair is that the federal law has a relief from disabilities law that says you can move to get your rights back by applying to the ATF, etc., and then if they deny, you could go to court. But that program has been unfunded by the Federal government since 1992, by Charles Schumer and the Democrats. So, individuals that are good people that are not violent people, that have convictions like President Trump, although not too many do, because that was so specialized and focused in this contrived, ridiculous theory to get him. But basically, if you have white collar crime, if you have anything like that, you cannot get your rights back because the provision in Federal law is unfunded. So, what it means is that if you become a convicted felon and do not get your conviction reversed, you’re prohibited for life from exercising your Second Amendment rights. That’s just an outrage. It really is. It’s just an absolute outrage. Things need to be done to fix that. And, you know, President Trump becoming President again, I think, this experience will make that even more likely to happen. Because if folks could get these bills forward, to finally provide the ability for a Constitutional right to be restored to millions of worthy people, we need to do it. If you think, well, felons are felons, and I don’t care and all that, but look at what they did to President Trump. They can do that to you. You may think they won’t, but you’d be surprised.

Evan Nappen 09:48
Because I’ll tell you what. Throughout his trial, I saw reflections of some of the bullshit that I’ve had to deal with in New Jersey courts. Now I’ve never seen that much piled on of absolute ridiculousness, unfairness, and insanity. I mean, all stops were pulled out for President Trump to make sure he got

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convicted. But those rights violations, you know, there’s plenty of rights violations going on targeting gun owners. We’ve talked about the Gun Owner Gulag as well. You know that they’re out to get us and get you. So, you need to know that. This is just a glaring, glowing, giant example of what you may face and to lose your Second Amendment rights because of politics, and/or because of an absurd gun law that is blatantly violating our Second Amendment but hasn’t been overturned yet. These are wrong, flat out wrong. We need to do something to change this system so that good people, good people are not prevented from exercising their God given natural Second Amendment right to keep and bear arms. It has to stop.

Evan Nappen 11:22
I believe we will get there, and we possibly are going to get there incrementally. The Supreme Court is now looking at the Rahimi case. (United States v. Rahimi, Docket No. 22-915) This is probably going to touch upon what does create or doesn’t create and maybe even give us a test of what makes for a disqualifier or not. We may be able to use that to make even further inroads. And you know, the folks helping to fight for those inroads is the Association of New Jersey Rifle & Pistol Clubs. That’s your state Association. They’re the umbrella organization of gun clubs for New Jersey. They have a full-time paid lobbyist in Trenton, and they have the attack going on in federal court, challenging the assault firearm ban, the large capacity magazine ban. You know, those pejorative terms that the anti-gunners name them to make them actual terms in law. Yeah, those laws. They’re attacking them now. They’re challenging them. We’re looking forward to seeing some action on that. They’re also challenging the Carry Killer law as we speak. You want to be a part of the Association because that makes you part of the solution. Make sure you’re a member. You’ll be glad you joined. You’ll get the email alerts, and you’ll know what’s going on. You get a great newsletter, and you’ll know that you’re doing your part. Go to anjrpc.org. Make sure you do. Make sure you join ANJRPC.org. Be part of the solution.

Evan Nappen 13:12
I also want to mention our good friends at WeShoot. WeShoot is an indoor range in Lakewood, conveniently located in Central Jersey, right off the Parkway. It’s a fantastic resource and a wonderful place for you to shoot. They have a great proshop. You can get fully outfitted and equipped, all set for the best gun that fits you. They’ve got some really great stuff. Check out that Rost Martin. We’re going to be talking more about the Rost Martin in future shows because that’s really popular and just a phenomenal gun. They have it there, and they have it at a great price. They also have great training. They have instructors to get your CCARE so you can get your carry permit. That’s where I got my training, and you can get yours there, too. So, make sure you check out weshootusa.com. That’s their website, weshootusa.com. It has great photography. They are a dynamic gun range, and they have such a great outreach to the public. They have done a magnificent job in promoting our Second Amendment rights by providing this great resource and opportunity for folks to shoot, to learn, and to get equipped. It’s a great place, and I know you’ll love it. So, go to WeShoot. Check out weshootusa.com.

Evan Nappen 15:01
Now, I want to shamelessly promote my book, New Jersey Gun Law. It’s the Bible of New Jersey gun laws. It is used by everybody and anybody that wants to know about gun law in New Jersey. It’s the 25th Anniversary Edition. And man, the amount of hours that I put into that book, hundreds and

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hundreds and hundreds of man hours. Geez, I could have made more money working at McDonald’s. It’s not about the money. It’s about getting the information out so that you and I, because I go back to my own book even, can understand the gun laws. It’s used by the State Police Firearms Unit. It’s used by police agencies, used by attorneys, used by judges, and used by law-abiding citizens throughout New Jersey. And that’s who I wrote it for. So, get yourself a copy today. New Jersey Gun Law. It’s over 500 pages with 120 topics all in a question and answer format. When you get the book, scan the front QR code, and for free, not much for free these days, but the Gun Lawyer podcast is free. The QR code is free for you to join the subscriber database where you get access to the archives, all the updates to the book, and you’ll get notices of law changes. So, this way, your book stays current, and you know it. So, buy your copy. Go to EvanNappen.com. That’s my website, EvanNappen.com. You will find the big orange book right there, click it, and you’ll have it in a matter of days.

Evan Nappen 16:48
Hey, let me tell you about some other exciting news beside President Trump losing his gun rights. And that is a unanimous win in the Supreme Court by the NRA. Unanimous. Think about that. All the judges said the NRA was right. And what does this involve? Well, surprisingly, not really the Second Amendment, but the First Amendment. It involves the First Amendment. This came about from NRA suing the State of New York, which were using their powers to try to stop various businesses and insurance companies from doing business with the NRA, because they didn’t like NRA’s politics. And that, my friends, is a First Amendment violation. That’s a violation of free speech. The Government cannot pick and choose its political positions and then use its influence to try to stop other businesses from dealing with organizations like the NRA.

Evan Nappen 18:07
This lawsuit was even backed by the ACLU. Think about that. The NRA and the ACLU were on the same side. There was a unanimous decision out of the Supreme Court on this case. That shows you how absolutely political and screwed up New York is. What’s really interesting is that the same politics of New York that were so bad against the NRA, causing a complete, unanimous reversal of their policies. It’s the same politics of New York that convicted President Trump. New York is a fascist state. New York is a banana republic. New York is a place I would never live. It is a demonstrably anti-rights and will go after, with a vengeance, anybody who has a political difference with them. The NRA victory really illustrates that. So, it’s kind of interesting that it happened at the same time that we watched New York injustice apply to President Trump. The New York injustice that was applied to the NRA has been quashed by a unanimous decision of the Supreme Court.

Evan Nappen 19:49
Now, what this means is that NRA can pursue its civil claims, its lawsuit, against New York, and that, my friends, can mean big, big money. It could mean the millions and millions of dollars that New York has tried to take from NRA, from their pursuit of NRA, under their nonprofit corporate laws, and those in the lawsuits brought regarding that. Well, now, this win can be the moment to recoup what New York has taken and is trying to take and maybe even get more money than that. All this while NRA is rebuilding. We now have a new Executive Vice President and new blood at the top of NRA. So, things I think are turning around there. Let’s hope so. Because we want to see NRA great again. I think we’re

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on a good track now, and with hard work, and continuing in this regard, we can do it, folks. We can do it.

Evan Nappen 21:20
Now I have an interesting letter here from a listener, and the listener’s name is Ryan. And Ryan says, Hi, Evan. I want to bring something up that I heard from a buddy who’s a New Jersey State Trooper. My buddy informed me that if you are pulled over by a trooper and after you disclose that you’re carrying a firearm, they will do the following. Now, of course in New Jersey, we have a Duty to Disclose. So, if you’re pulled over and you have that encounter, you have to tell the officer that you’re carrying a handgun, and you have to be able to show your carry permit. If you fail to tell them that, it’s a fourth degree felony level crime. If you are convicted of that, you’ll lose your gun rights just like President Trump. So, make sure you disclose. At the moment, we have to. I don’t know if that’s Constitutional. I don’t think it is. But for now, it’s the law.

Evan Nappen 22:26
Anyway, continuing on with Ryan. He says that he heard from this Trooper that they’ll do the following. Number one, ask you to get out of the car. Number two, handcuff you to detain you. He has parentheses but not arrested. Number three, pat you down, find your firearm and remove it from the holster. Number four, confirm the serial number on the firearm matches their system. Number five, if all checks out, they place the firearm on the driver’s side seat of the car. Number six, release you. Ryan says, I think this is totally unfair to the residents of New Jersey. I wanted to pass this information on in the hopes that we educate our law-abiding citizens to prevent them from being on the next episode’s GOFU. I fear this will cause panic and potentially create overreaction/fear when being detained.

Evan Nappen 23:26
So, let me say this. I really appreciate this letter. I appreciate all the letters that I get from my great listeners. But I don’t know the veracity of this. Now, I’m not saying that Ryan or anybody is not telling the truth at all. I just don’t know. I have not gotten independent corroboration of this taking place. But it wouldn’t surprise me if it was taking place, that’s for sure. So, I’ll put it out to the audience. If anybody knows of actual cases where people have disclosed and this has become the policy that people are experiencing, then that needs to be known, and I think action needs to be taken. But I’ll just put this out there. Ryan, I appreciate your sending me this. If we can get further corroboration on this and if this is in fact a widespread practice or a policy, then that’s something we’re going to want to look into very, very hard because it is pretty outrageous some of these things. You know, when you’re put in handcuffs and you’re detained, it means you’re not free to leave. So, technically you are arrested. Now, of course, you’re not charged with anything, but you’re not free to leave when you’re in handcuffs. You’re not able to go anywhere. That rolls right into implication of other rights kicking in right away. These are all interesting things here. So, if anybody knows of actual cases, let me know. I’d appreciate it very much.

Evan Nappen 25:08
Let me also bring to your attention what is actually one of our favorite moments on the Gun Lawyer podcast. And that’s the GOFU. The GOFU is the Gun Owner Fuck Up. GOFUs are expensive lessons that somebody else learned and that you get to learn on the cheap, for free, just by listening to Gun Lawyer. Today’s GOFU is this. Make sure you have a list of the guns that you have with the serial

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numbers, makes, and models. Even photos, if you can. Make sure that this list is hidden somewhere, encrypted somewhere. Somewhere only where you know where it is. But make sure you have it. Don’t leave it with your guns in the gun safe. I get cases where all the guns are confiscated, and property receipts aren’t given, or they’re incomplete. Guns are missing. There’s no record. I see this a lot, folks. If you have your private list, your private record, we can go from that list. It will help us to get all of your property accounted for and returned. It’s also not a bad idea to include on that list other valuables that you may have. Valuable knives, precious metals like gold, silver, and lead. Yeah. Take the pictures. Make an inventory and make the list. But hide the list. Keep it private, encrypted. Disguise it. Because that is your private list. I have had GOFUs similar to this where the individual left their list with the guns, and guess what else disappeared with the guns? The list. So, don’t go double GOFUing or trying to avoid a GOFU, and then setting yourself up that you’ve failed in that. So, this is a good tip. It’s important because it’s real. So, folks, this is Evan Nappen reminding you that gun laws don’t protect law-abiding citizens from criminals. They protect criminals from law-abiding citizens.

Speaker 3 27:55
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [e-mail]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

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Downloadable PDF Transcript

Gun Lawyer S3 E188_Transcript

About The Host

Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.

As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.

He also provides expert testimony and consultations for defense attorneys across America.

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