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Episode 192-The Great NJ Carry Review
Manage episode 426339738 series 2835731
Podcast Transcript
Gun Lawyer Episode 192
SUMMARY KEYWORDS
carry, place, prohibited, gun, law, firearm, new jersey, state, prohibition, part, exemption, permit, vehicle, jersey, licensed, facility, sensitive, private property, including, educational facility
SPEAKERS
Speaker 3, Evan Nappen
EvanNappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I recently heard a joke and thought I’d share it with you. Don’t hold it against me before we get into the meat of this show. It goes something like this. So, the police were summoned to the scene of a domestic violence shooting. When the cops get there, they see a woman, and they say, Ma’am, did you just shoot your husband with that 9 mm? The woman says, yes, I did. So, the police said, well, why did you do that? And she said, well, let me tell you. I just mopped the floor, and that jerk, after I’ve told him so many times, just walked across it in his dirty freakin’ boots. The officer, of course, called in to the station to tell them about this. His Lieutenant gets on the phone, and he says, say, did you arrest the woman yet? Have you placed her under arrest? The officer said no, sir. I haven’t. The Lieutenant says well, why not? Why not? He said, well, sir, the floor was still wet. So, anyway, there you go. If any of you are married, you’ll understand that one. Yeah, that’s for sure.
EvanNappen 01:47
So, I get a lot of letters, and I love getting those letters. The ask Evan about all the crazy gun laws going on in Jersey. But I’ll tell you a letter that keeps popping up, a question that keeps popping up, and I’m dedicating this show. So, here is a sample letter of the question, and we’re going to deal with this completely on this show. Here’s the question. This one’s from Barry, but I’ve gotten many other letters similar. I just need to do a show on New Jersey carry. Basically, where you can and can’t carry. Barry writes, I would like to ask you if there’s an updated list of “sensitive places”. He has my book, he looked at other information and all kinds of things, and he just wants to know. Barry, I appreciate the sentiment.
EvanNappen 02:44
Because so many folks have asked, let us review New Jersey’s “sensitive places” law so you can go back and reference on this show. Now when things change, I’m going to let you know. Because we are currently litigating this. We being the Association of New Jersey Rifle & Pistol Clubs. I’m not officially part of that litigation. But, of course, I help the Association at times, and the Association is a sponsor. I am proud to have them as a sponsor of the show. We should be seeing some results shortly. But let’s talk about what is the current situation when it comes to carrying in New Jersey. Where can you carry? Where can’t you carry? What happened was, after the Bruen decision, New Jersey flipped out, basically, and decided to have a big ol hissy fit over the case that could make it clear that their ploy that
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had stopped law-abiding citizens for over half a century from being able to carry in New Jersey. The so- called “justifiable need” trick or block that was in the law and then extrapolated, interpreted, by the court to create this standard that essentially no one could meet. You had to show urgent necessity. Urgent necessity was defined by having to demonstrate that you personally are subject to threats of serious bodily harm or death and that carrying a handgun was the only way to avert those threats. So, basically, in Jersey, you know, if you’ve just been shot and killed, you then qualified for a carry license. This ensured that it was virtually impossible to get, and there were less than 600 civilian carries. Now, since the advent of Bruen, there’s almost 40,000 or more carry licenses, and it’s growing every day.
EvanNappen 04:56
But when this law passed, the anti-Second Amendment folks, the Democrats, let’s just call it for what it is, the Democrats, couldn’t handle this. So, they said, look, we can no longer stop the issuance of permits with our old little gambit there of “justifiable need”. Let’s limit where you can use them. Let’s go at the utilitarian value of having a carry permit and try to limit it to the maximum that we can. So, they passed what we call the Carry Killer law. Now, it was challenged in federal court, and we did get an injunction over a good chunk of the provisions. Then the State appealed, and they got a stay on the injunctive relief, meaning they became effective again, until the appellate court rules on it. Now, not all of them were enjoined, not all of them got the stay removing the injunction. So, what it means is, there were still some of the lower court findings of declaration of unconstitutional that were not stayed by the Appellate Court. So, what I’m going to do today is review with you where you can’t carry. Of course, if you are not otherwise prohibited in Jersey, then under Jersey law, you’re able to carry in any other places that don’t fall under the “sensitive place” restriction. None of this is discussing federal law. We still have federal law prohibiting carry everywhere on federal buildings, etc., and the post office and what have you, even though these things are being challenged as we speak as well.
EvanNappen 06:51
So, let’s review the sensitive places as to where you cannot carry currently, right now, as of today, and what of those sensitive places are not in effect. Then we’ll talk about some other things about Jersey carry that’s important for you to know. This is like a refresher course, so you don’t end up a GOFU in Jersey’s trap that they’ve laid for unsuspecting gun owners through the Carry Killer bill. The first place where you cannot carry, and keep in mind, you are prohibited from any of the following places, including in or upon any part of the buildings, grounds, or parking areas of these places. Now, if you happen to end up having to go to one of these places, then there is a provision that we’ll discuss a little bit later that allows you to secure the firearm, your handgun, in a certain way, in those prohibited places, parking spots. But keep in mind, you cannot carry in any part of the buildings, grounds, or parking areas except for the exception that we’ll discuss a little bit.
EvanNappen 08:22
Number one, you’re banned in Jersey, barred from Jersey, even with a carry permit, from any place that’s owned, or leased or under the control of the state, county or municipal government used for the purpose of government administration, including but not limited to, police stations. So, don’t carry in a police station. Don’t carry in a firehouse. Don’t carry in City Hall. You know, no place like that, which are used for government administration. By the way, you can see these “sensitive places” in the law, and it’s under N.J.S. 2C:58-4.6. I’ll have a link on my website and on the transcript so you could go to these
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if you wish to read them for yourself. If you have my book, of course, it’s in the law itself, in the back of the book. Explanations of these things are in the chapter on Carry Permits in the book. (New Jersey Gun Law, Page 49) You really should have my book. It’s the Bible on New Jersey gun law. Just scan the front cover to subscribe, and you’ll get the updates that you can access. Any of you that have the book may in fact know what I’m going to tell you now, but it can’t hurt to review it. If you want to get a copy of the Bible, New Jersey Gun Law by yours truly, which is over 500 pages with 120 topics in a question-and-answer format, you can go to EvanNappen.com. Right there. EvanNappen.com and buy a copy of the book.
EvanNappen 09:56
Since you are a gun person, you enjoy your firearms, and you would like to enjoy using these wonderful tools. I would strongly suggest that you check out WeShoot. WeShoot is an indoor range in Lakewood, New Jersey, and they are premier. They have a fantastic facility. You can get great training. You can get your CCARE certificate there to get your carry license. Whether you’re a beginner or an expert or in between, they have courses for you. Their training and their range are second to none. You’ll be able to have a place to shoot right there in Lakewood, Central Jersey, with easy access right off the Parkway. They will treat you like family. I want to remind you again that on August 9, Friday, August 9 from 9am in the morning to 1pm, nine to one, Lieutenant Colonel Mikey Hartman is going to be at WeShoot. The Master IDF Sniper. You probably heard my show. I hope you did. It was a phenomenal show with Colonel Hartman, and he’s going to be there. He trained over half a million soldiers and developed the firearms program for the IDF. He was fantastic, and it was an honor to have him on the show. You don’t want to miss that. So, make sure you mark your calendar for August 9 and get down to WeShoot. Take advantage of that great resource. You can find WeShoot on the web at weshootusa.com. WeShoot is a great place, and we’re lucky to have them.
EvanNappen 11:37
The second place you cannot carry is a courthouse, a courtroom, or any other premises used to conduct judicial or court administrative proceedings or function. So, anything like that where there’s a courthouse or court room or other premises like that. This is not an uncommon prohibition throughout the country. There does seem to be a number of courthouse prohibitions. People’s emotions can run high in courthouses, particularly in New Jersey, where the law is so unbelievably unfair. So, they don’t want you carrying in a courthouse. Three, any state, county or municipal Correctional Facility, or juvenile justice facility, a jail or any other place maintained by or for government entity for the detention of criminal suspects or offenders. All right, folks. Do not carry your gun in jail. I don’t think you have to write that one down. But, yeah, that’s a prohibited place. Four, a state contracted halfway house. Now they don’t define or explain what a state contracted halfway house is. It’s not like a state contracted halfway house has a big neon sign blinking saying, “state contracted halfway house”, but don’t end up in one of them with a gun or you’re in a prohibited place.
EvanNappen 13:06
A location being used as a polling place during the conduct of an election, and places used for the storage or tabulation of ballots, or for the commission of election fraud. No, I’m just kidding about the last part. They forgot to add the election fraud place, because that’s what they’re doing anyway. But you
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cannot carry at a polling place, or places used for the conduct of an election. That place restriction is far. You cannot carry within 100 feet of a place where there’s a public gathering, a demonstration, or an event is held for which a government permit is required during the conduct of such gathering, demonstration or event. This can be tricky, because notice, you can’t be within 100 feet of a public gathering, event or whatever held where a government permit is required, but it doesn’t mean they had to get one. So, if the event is taking place illegally, but a permit should have been obtained, then it still is a prohibited place.
EvanNappen 14:22
Seven, any school, college, university or other educational institution and on any school bus. Now, we’ve had an educational facility prohibition for a while in a separate section of our law under N.J.S. 2C:39-5.e. We have had educational facilities prohibited for a while, but they also added it into “sensitive places”. Now there are certain exemptions to sensitive places. But beware. The exemptions for sensitive places, such as the parking lot exemption for securing your gun, do not exempt you for an educational facility, property, school property, etc. under the 39-5 prohibition. So, you have to be very careful. You will not be able to have the exemption that we’re going to discuss later apply there because of the other law that prohibits that location.
EvanNappen 15:30
A childcare facility, including a daycare center, a nursery school, a preschool, a zoo, or a summer camp. Now, I love how in that little list, they put a zoo in there. I guess maybe a zoo does belong there given those places, but there you go. You cannot carry at a park, a beach, a recreational facility or an area owned or controlled by a state, county or local government unit or any part of such place, which is designated as a gun free zone by the governing authority based on considerations of public safety. You know, the favorite fallback of every anti-gunner is their false claim of public safety when in fact guns make places safer, but that’s rarely a consideration in New Jersey, of course, so beware. Number eleven, youth sports event, during and immediately preceding and following the conduct of the event, except that this provision shall not apply to participants of a youth sports event which is a firearms competition. Well, that’s nice. Because if guns are banned at a youth firearms competition, it is really hard to compete with firearms. How nice.
EvanNappen 17:03
Twelve, publicly owned or leased library or museum. So, don’t go pull a “night at the museum” deal there and think you can defend yourself because that won’t fly in Jersey. A shelter for the homeless, an emergency shelter for the homeless, a basic center shelter program, a shelter for homeless or runaway youth, Children’s Shelter, child care shelter, shelter for victims of domestic violence, or any shelter licensed by or under the control of the Juvenile Justice Commission or the Department of Children and Families. Wow. A lot of shelters out there that I didn’t even know existed. Don’t carry your gun at those shelters. And how are you going to know that these other shelters are under the control of the Juvenile Justice Commission or the Department of Children? I don’t know. I guess you’re supposed to have like ESP or something like that. You know, I have ESP. It’s an extra stupid personality. But anyway. Fourteen, a community residence for persons with developmental disabilities, head injuries, or terminal illnesses, or any other residential setting licensed by the Department of Human Services or the
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Department of Health. So, there you go. How are you going to know it? I don’t know. But watch out for those community residences.
EvanNappen 18:38
Fifteen, a bar or restaurant where alcohol is served. And any other site or facility where alcohol is sold for consumption on the premises. So, I always get the question. What about the Bring Your Own alcohol deal? What about that? Well, look at what the first part says. A bar or restaurant where alcohol is served. Are you going to be serving out of that bottle, the alcohol that you brought? Well, lo and behold, look at what it says. So, do not carry in a bring your own place for alcohol, places where it’s served, or any other place where it’s sold for consumption. Can you bring your gun to the liquor store? Yes, because it’s not sold for consumption there. That’s the difference. But not the bar. Not the restaurant. So, beware of that. Let me also mention, by the way, we did get an injunction in the lower court, where you could carry in bars or restaurants where alcohol is served, but then it was stayed by the Appellate Court. So, now it’s back in effect. The same as the 100 feet of a public gathering which was stayed by Judge Bumb, I mean enjoined, and then that was reversed currently. So, the ban is back in place. The zoo was allowed, and now it’s not. The park and the beach and the recreational facility, that one was okay, but now it’s not.
EvanNappen 20:51
This is why it’s very important that you support our state Association, that you be a member of our state Association. There are still about 10 more of these to go through, but I just want to remind you that the Association are the folks that are battling this, as we speak. We want them to win and knock these prohibitions out so that we can remain defenders and not victims in these places. So, you should join the Association. They have a full-time paid lobbyist in Trenton. They’re battling the assault firearm ban, so-called, which is really just modern sporting rifles, of course, and the standard capacity magazine ban. We should see some movement on all these cases shortly. My good friend and colleague, Dan Schmutter, is spearheading those efforts. He, too, is a proud member of the state Association, and so should you. Go to anjrpc.org and join today. ANJRPC.org.
EvanNappen 21:58
It is a prohibited place under number 16 to carry your handgun, even with a carry permit, at a class five cannabis retailer or medical cannabis dispensary, including any consumption areas licensed or permitted by the cannabis regulatory commission. So, do not carry your gun at a weed shop. Now, of course, New Jersey can blatantly violate federal law and allow for the sale where they become, because you know they get a piece of it, one of the largest drug dealers in the country. That’s okay. But don’t you carry your gun there where they’re blatantly breaking federal law. Make sure you don’t do that. Seventeen, a privately or publicly owned and operated entertainment facility within this state, including but not limited to, a theater, a stadium, a museum, an arena, a racetrack or other place where performances, concerts, exhibits, games or contests are held. Those are still prohibited places. The Association in its lawsuit knocked that one out, but the Appellate Division put it back in, temporarily. The battle is ongoing. So, maybe we’ll knock that one out. Again, I believe we will, and I hope so. But for now, be careful. Don’t violate it. Don’t be a GOFU.
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EvanNappen 23:40
Eighteen, a casino and related facilities, including but not limited to, the appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment and recreational venues located within the casino property. This might even include marinas, if they are casino property. So, be aware of that. This, too, was stayed/enjoined. So, it’s back in effect. But even with that, the casinos banded together, and privately they all decided to ban guns from the premises. So, I would not give any business to New Jersey casinos. They are anti-gun. It’s that simple, folks. Why do you give your money to any organization that opposes your Second Amendment rights? Don’t do it. You want to gamble? Go for it. Just not in a New Jersey casino. Screw them.
EvanNappen 24:43
Nineteen, a plant or operation that produces, converts, distributes or stores energy, or converts one form of energy to another. Boy, is that broad enough? What the hell are they even talking about? What? If you’re standing next to a solar panel or something? I have no clue. But plainly power plant energy, whatever. I mean, what if you’re charging your Tesla? Is it a problem? I don’t know. It’s so broad, overbroad, there that it’s ridiculous. But there you go. Twenty, an airport or public transportation hub is prohibited. Twenty-one, a health care facility, including but not limited to a general hospital, special hospital, a psychiatric hospital, a public health center, diagnostic center, a treatment center, a rehabilitation center, an extended care facility, a skilled nursing home, a nursing home. So, what’s that? An unskilled nursing home. I don’t know. Intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, an outpatient clinic, a dispensary, that’s like a drugstore. Beware. Assisted living center, home health care agency, residential treatment facility, residential health care facility, medical office, or ambulatory care facility.
EvanNappen 26:15
So, you cannot go to your doctor’s office with your gun. What if you go into CVS? There’s a dispensary there in the back. Well, in the litigation, it was determined that it’s only the part that’s a sensitive place. So, if you go into CVS, but you don’t go to the drugstore part, the pharmacy part, then you’re okay. The rest of CVS is not prohibited. But the dispensary is. Now what about medical offices? What if you’re a doctor and you want to carry? Many doctors do because they’re targets not just for money, but possibly even for drugs that they may have. Can a doctor carry in their own medical office? The answer to that is yes, because of one of the exemptions to sensitive places. One of the exemptions are the classic old exemptions under N.J.S. 2C:39-6, particularly subsection e., which exempts one’s home and/or place of business. So, if you are a doctor and it is your medical office that you own, then you’re able to carry under that exemption in your place of business. That exempts you from the sensitive place prohibition. So, keep that in mind. But if it’s not your office, if you don’t own it, then you cannot carry there.
EvanNappen 27:51
Twenty-two, a facility licensed or regulated by the Department of Human Services, Department of Children and Families, or Department of Health, other than a health care facility, that provides addiction or mental health treatment or support services. So, you’re banned. You’re barred from carrying your gun. Twenty-three, a public location being used for making motion picture or television images for theatrical, commercial, or educational purposes during the time such location has been used for that purpose. So, when they banned as a sensitive place having guns at motion picture and television
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locations, we call that the Alec Baldwin prohibition. And of course, throughout all that hysteria was why they put it in, but Judge Bumb issued an injunction on that, and it was not disturbed by the Appellate Division because, frankly, New Jersey realized that in their zest in doing this, they were hurting Hollywood, their buddies in Hollywood, you know, those huge Democrat donors. So, they’re happy that that one is no longer in effect and has remained not in effect. So, there you go. Alec is free in New Jersey to have his gun there if he’s making a movie. Unless, of course, he becomes a convicted felon over his problem.
EvanNappen 29:32
Twenty-four, private property is a prohibited place. I’m going to explain how this works. Private property including but not limited to, residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a concealed handgun with a valid and lawfully issued permit under N.J.S. 2C:58-4, provided that nothing in this paragraph shall be construed to affect the authority to keep or carry a firearm established under subsection e. of N.J.S. 2C:39-6 exemption, and that’s possession in one’s home. So, here, it looks like all private property is prohibited unless there’s some sign that says we love guns, come on in. Otherwise, we were barred. However, that’s not the case. Because in the litigation, Judge Bumb issued a stay on this, and then it got modified so that the current state of that exemption rolls as follows. When it comes to private property, the question is, is the private property open to the public or not? If the private property is open to the public, then you don’t need a sign. You don’t need advanced permission. As long as the private property is not otherwise a “sensitive place” and you have a carry permit, you can carry your handgun there. So, you can walk into that convenience store, even though it’s a private property owned by a business, you can walk into the convenience store with your gun. Not a problem. You can do that because it’s open to the public.
EvanNappen 31:32
But what if you’re going to your friend’s house? Well, that’s not open to the public. So, your friend had better have given you permission to have your gun there or have that sign out there. You know, the “we love guns” sign. If not, don’t carry on private property that is not open to the public. That’s how the private property “sensitive place” currently operates. Now, some of you may say, well, what about if I go to a store and it says, no guns? The opposite, no guns, or it has one of those dopey signs from the Attorney General. We don’t want any guns here. Well, what happens there is this is. It is not a sensitive place to carry where there is a no gun sign, but it is a trespass if you do. Because property owners have the right over their property, to the degree permitted by law to say who can come on their property, even private property owned by commercial establishment. They can say, for example, you know, if you don’t have shoes on, we don’t want you in here, or no dogs allowed except for service animals. Well, when they say no guns, it falls into that same category, and if you ignore that no guns sign, then you can be charged with trespass. So, beware of that little nuance on that one. Twenty-five, any other place in which the carrying of a firearm is prohibited by statute or rule or regulation promulgated by a federal or state agency. Good, I hope, you know every single rule and reg ever promulgated by the federal or state government. Because that’s what that one is saying. Yeah, just a little overbroad. Now, those are the official 25 sensitive places.
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EvanNappen 33:49
What if you end up in a parking lot of one of those “sensitive places” and you’re carrying. What do you do? Well, if you’re not within that N.J.S. 2C:39-6e. exemption or you’re not within an exemption because you’re law enforcement under subsection a. or retired law enforcement under subsection l. of N.J.S. 2C:39-6 or law enforcement under subsection c., then if you’re carrying in a vehicle, there are things you need to know. The exemption to sensitive places is one thing when you get in the parking lot. But there’s also a vehicle standalone prohibition that’s not part of the big 25, and this causes other confusion. The vehicle prohibition said that if you are carrying even with a permit to carry, you were not allowed to carry your permitted handgun loaded on your person in your own vehicle. We called that the Car Jacker Protection law because that’s all it was doing. This was prohibiting you from defending yourself and your loved ones from crime occurring while in your vehicle or while you’re driving your vehicle, etc. However, that entire vehicle prohibition, which is that stand alone, not part of the 25, but still a prohibited place, if you will, that was stayed by Judge Bumb, and has remained in place. So, what it means is you can carry your permitted handgun loaded, concealed on your person in your vehicle. It is allowed.
EvanNappen 35:56
The problem is folks who read that don’t realize it. I recently learned of a situation where a person was attacked in their vehicle. They had locked their gun up in the vehicle thinking that they weren’t allowed to have it on them in their vehicle. They were beaten to inches within their death. Whereas if that law was not there confusing and stopping people, that person would not have been viciously assaulted and almost killed. So, you can carry in your vehicle as long as you’re licensed to do so, but it needs to be loaded and holstered on your person. Don’t have it in the console. Don’t have it in one of those vehicle holsters. Carry it as you would outside of your vehicle, loaded and concealed on your person. That is the way to do it.
EvanNappen 36:51
Now, when you’re in that parking lot of a “sensitive place”, the exemption allows you to transport it to that parking lot. Then while you’re in that parking area, you can put your handgun unloaded and contained in a closed and securely fastened case, gun box, or locked unloaded in the trunk. Now, what I recommend is, if you have invested in your carry gun, your training, your CCARE, you listen to this show, all that great stuff, your time and your money, buy the proper car gun transport container. One where it cables to the bottom of your seat with a steel cable and is a lockbox. Unload your gun, lock it in the box, and slide the box under the seat. It is now secured. You are a responsible gun owner. Not only do you meet the criteria under the law for that narrow exemption when you enter a sensitive place, but you also have secured your gun from theft and demonstrated the responsibility that you undertake. It’s in your own best interest to do it as well. So, make sure you have one of those boxes in your car, and make sure you can always secure your gun properly. In case you have to go in an emergency to a healthcare facility, you can secure it etc., anything like that. It’s very important that you do that and not end up as a GOFU.
EvanNappen 38:32
So, folks, those are the key prohibited places. Keep in mind that the sensitive places that are still blocked. The sensitive places that are no longer prohibiting you includes loaded in your car to fight off
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carjackers, private property as I’ve explained how that split works, and public film locations. If you’re Alec Baldwin, keep that in mind. This is how it works. The others that were knocked out, but then temporarily reinstated. Hopefully, those and many others of these outrageous prohibitions on us, will go. It’s your state Association that is spearheading that litigation to expand our ability to carry and defend ourselves in New Jersey. To not be victims, but instead be defenders.
EvanNappen 39:47
Although we talked about a lot of things here, I still have a special GOFU to share with you, and this GOFU is actually from a letter. It’s from Ed. Ed says, just listened to your podcast about the assault shotgun requirement. I bought a Beretta 1301. The store told me that since the gun has a three-inch chamber and can only take 6 three-inch rounds that it’s legal. The gun will take seven, 2 3/4-inch rounds. But I was told not to do that and that I will be okay. They said they got this information from the state police. Any input? Yes, there is a legal term that completely addresses that advice that you were given, and that legal term is bullshit. Okay? And here’s why, folks. New Jersey’s assault firearm law is very clear. It says in the statutory part that you cannot have a semi-automatic shotgun with a magazine capacity that exceeds six rounds. It also cannot have a folding stock. It cannot have a pistol grip. Six rounds are the limit on the semi- automatic shotgun.
EvanNappen 41:20
When you go to the Beretta website, it says it has, and this is from the Beretta’s website, a factory magazine capacity of seven plus one. (https://www.beretta.com/en-us/product/1301-tactical-FA0004) Now, forget the plus one part. It says seven and six is the limit. Seven is more than six. I don’t care if it can also take a three-inch chamber round and hold less, or a three-and-a-half-inch chamber and can hold less. It will fit and function with two and three quarters, and it holds seven. It’s an assault firearm in New Jersey. But don’t worry, all you’re risking is 10 years in State Prison with a minimum mandatory three and a half years – no chance of parole. For following that bullshit advice. That’s all. Yeah, that’s why it’s a GOFU, folks. So, please, don’t be the next GOFU, especially on that Beretta.
EvanNappen 42:31
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 42:41
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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About The Host
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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.
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198 episodes
Manage episode 426339738 series 2835731
Podcast Transcript
Gun Lawyer Episode 192
SUMMARY KEYWORDS
carry, place, prohibited, gun, law, firearm, new jersey, state, prohibition, part, exemption, permit, vehicle, jersey, licensed, facility, sensitive, private property, including, educational facility
SPEAKERS
Speaker 3, Evan Nappen
EvanNappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I recently heard a joke and thought I’d share it with you. Don’t hold it against me before we get into the meat of this show. It goes something like this. So, the police were summoned to the scene of a domestic violence shooting. When the cops get there, they see a woman, and they say, Ma’am, did you just shoot your husband with that 9 mm? The woman says, yes, I did. So, the police said, well, why did you do that? And she said, well, let me tell you. I just mopped the floor, and that jerk, after I’ve told him so many times, just walked across it in his dirty freakin’ boots. The officer, of course, called in to the station to tell them about this. His Lieutenant gets on the phone, and he says, say, did you arrest the woman yet? Have you placed her under arrest? The officer said no, sir. I haven’t. The Lieutenant says well, why not? Why not? He said, well, sir, the floor was still wet. So, anyway, there you go. If any of you are married, you’ll understand that one. Yeah, that’s for sure.
EvanNappen 01:47
So, I get a lot of letters, and I love getting those letters. The ask Evan about all the crazy gun laws going on in Jersey. But I’ll tell you a letter that keeps popping up, a question that keeps popping up, and I’m dedicating this show. So, here is a sample letter of the question, and we’re going to deal with this completely on this show. Here’s the question. This one’s from Barry, but I’ve gotten many other letters similar. I just need to do a show on New Jersey carry. Basically, where you can and can’t carry. Barry writes, I would like to ask you if there’s an updated list of “sensitive places”. He has my book, he looked at other information and all kinds of things, and he just wants to know. Barry, I appreciate the sentiment.
EvanNappen 02:44
Because so many folks have asked, let us review New Jersey’s “sensitive places” law so you can go back and reference on this show. Now when things change, I’m going to let you know. Because we are currently litigating this. We being the Association of New Jersey Rifle & Pistol Clubs. I’m not officially part of that litigation. But, of course, I help the Association at times, and the Association is a sponsor. I am proud to have them as a sponsor of the show. We should be seeing some results shortly. But let’s talk about what is the current situation when it comes to carrying in New Jersey. Where can you carry? Where can’t you carry? What happened was, after the Bruen decision, New Jersey flipped out, basically, and decided to have a big ol hissy fit over the case that could make it clear that their ploy that
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had stopped law-abiding citizens for over half a century from being able to carry in New Jersey. The so- called “justifiable need” trick or block that was in the law and then extrapolated, interpreted, by the court to create this standard that essentially no one could meet. You had to show urgent necessity. Urgent necessity was defined by having to demonstrate that you personally are subject to threats of serious bodily harm or death and that carrying a handgun was the only way to avert those threats. So, basically, in Jersey, you know, if you’ve just been shot and killed, you then qualified for a carry license. This ensured that it was virtually impossible to get, and there were less than 600 civilian carries. Now, since the advent of Bruen, there’s almost 40,000 or more carry licenses, and it’s growing every day.
EvanNappen 04:56
But when this law passed, the anti-Second Amendment folks, the Democrats, let’s just call it for what it is, the Democrats, couldn’t handle this. So, they said, look, we can no longer stop the issuance of permits with our old little gambit there of “justifiable need”. Let’s limit where you can use them. Let’s go at the utilitarian value of having a carry permit and try to limit it to the maximum that we can. So, they passed what we call the Carry Killer law. Now, it was challenged in federal court, and we did get an injunction over a good chunk of the provisions. Then the State appealed, and they got a stay on the injunctive relief, meaning they became effective again, until the appellate court rules on it. Now, not all of them were enjoined, not all of them got the stay removing the injunction. So, what it means is, there were still some of the lower court findings of declaration of unconstitutional that were not stayed by the Appellate Court. So, what I’m going to do today is review with you where you can’t carry. Of course, if you are not otherwise prohibited in Jersey, then under Jersey law, you’re able to carry in any other places that don’t fall under the “sensitive place” restriction. None of this is discussing federal law. We still have federal law prohibiting carry everywhere on federal buildings, etc., and the post office and what have you, even though these things are being challenged as we speak as well.
EvanNappen 06:51
So, let’s review the sensitive places as to where you cannot carry currently, right now, as of today, and what of those sensitive places are not in effect. Then we’ll talk about some other things about Jersey carry that’s important for you to know. This is like a refresher course, so you don’t end up a GOFU in Jersey’s trap that they’ve laid for unsuspecting gun owners through the Carry Killer bill. The first place where you cannot carry, and keep in mind, you are prohibited from any of the following places, including in or upon any part of the buildings, grounds, or parking areas of these places. Now, if you happen to end up having to go to one of these places, then there is a provision that we’ll discuss a little bit later that allows you to secure the firearm, your handgun, in a certain way, in those prohibited places, parking spots. But keep in mind, you cannot carry in any part of the buildings, grounds, or parking areas except for the exception that we’ll discuss a little bit.
EvanNappen 08:22
Number one, you’re banned in Jersey, barred from Jersey, even with a carry permit, from any place that’s owned, or leased or under the control of the state, county or municipal government used for the purpose of government administration, including but not limited to, police stations. So, don’t carry in a police station. Don’t carry in a firehouse. Don’t carry in City Hall. You know, no place like that, which are used for government administration. By the way, you can see these “sensitive places” in the law, and it’s under N.J.S. 2C:58-4.6. I’ll have a link on my website and on the transcript so you could go to these
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if you wish to read them for yourself. If you have my book, of course, it’s in the law itself, in the back of the book. Explanations of these things are in the chapter on Carry Permits in the book. (New Jersey Gun Law, Page 49) You really should have my book. It’s the Bible on New Jersey gun law. Just scan the front cover to subscribe, and you’ll get the updates that you can access. Any of you that have the book may in fact know what I’m going to tell you now, but it can’t hurt to review it. If you want to get a copy of the Bible, New Jersey Gun Law by yours truly, which is over 500 pages with 120 topics in a question-and-answer format, you can go to EvanNappen.com. Right there. EvanNappen.com and buy a copy of the book.
EvanNappen 09:56
Since you are a gun person, you enjoy your firearms, and you would like to enjoy using these wonderful tools. I would strongly suggest that you check out WeShoot. WeShoot is an indoor range in Lakewood, New Jersey, and they are premier. They have a fantastic facility. You can get great training. You can get your CCARE certificate there to get your carry license. Whether you’re a beginner or an expert or in between, they have courses for you. Their training and their range are second to none. You’ll be able to have a place to shoot right there in Lakewood, Central Jersey, with easy access right off the Parkway. They will treat you like family. I want to remind you again that on August 9, Friday, August 9 from 9am in the morning to 1pm, nine to one, Lieutenant Colonel Mikey Hartman is going to be at WeShoot. The Master IDF Sniper. You probably heard my show. I hope you did. It was a phenomenal show with Colonel Hartman, and he’s going to be there. He trained over half a million soldiers and developed the firearms program for the IDF. He was fantastic, and it was an honor to have him on the show. You don’t want to miss that. So, make sure you mark your calendar for August 9 and get down to WeShoot. Take advantage of that great resource. You can find WeShoot on the web at weshootusa.com. WeShoot is a great place, and we’re lucky to have them.
EvanNappen 11:37
The second place you cannot carry is a courthouse, a courtroom, or any other premises used to conduct judicial or court administrative proceedings or function. So, anything like that where there’s a courthouse or court room or other premises like that. This is not an uncommon prohibition throughout the country. There does seem to be a number of courthouse prohibitions. People’s emotions can run high in courthouses, particularly in New Jersey, where the law is so unbelievably unfair. So, they don’t want you carrying in a courthouse. Three, any state, county or municipal Correctional Facility, or juvenile justice facility, a jail or any other place maintained by or for government entity for the detention of criminal suspects or offenders. All right, folks. Do not carry your gun in jail. I don’t think you have to write that one down. But, yeah, that’s a prohibited place. Four, a state contracted halfway house. Now they don’t define or explain what a state contracted halfway house is. It’s not like a state contracted halfway house has a big neon sign blinking saying, “state contracted halfway house”, but don’t end up in one of them with a gun or you’re in a prohibited place.
EvanNappen 13:06
A location being used as a polling place during the conduct of an election, and places used for the storage or tabulation of ballots, or for the commission of election fraud. No, I’m just kidding about the last part. They forgot to add the election fraud place, because that’s what they’re doing anyway. But you
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cannot carry at a polling place, or places used for the conduct of an election. That place restriction is far. You cannot carry within 100 feet of a place where there’s a public gathering, a demonstration, or an event is held for which a government permit is required during the conduct of such gathering, demonstration or event. This can be tricky, because notice, you can’t be within 100 feet of a public gathering, event or whatever held where a government permit is required, but it doesn’t mean they had to get one. So, if the event is taking place illegally, but a permit should have been obtained, then it still is a prohibited place.
EvanNappen 14:22
Seven, any school, college, university or other educational institution and on any school bus. Now, we’ve had an educational facility prohibition for a while in a separate section of our law under N.J.S. 2C:39-5.e. We have had educational facilities prohibited for a while, but they also added it into “sensitive places”. Now there are certain exemptions to sensitive places. But beware. The exemptions for sensitive places, such as the parking lot exemption for securing your gun, do not exempt you for an educational facility, property, school property, etc. under the 39-5 prohibition. So, you have to be very careful. You will not be able to have the exemption that we’re going to discuss later apply there because of the other law that prohibits that location.
EvanNappen 15:30
A childcare facility, including a daycare center, a nursery school, a preschool, a zoo, or a summer camp. Now, I love how in that little list, they put a zoo in there. I guess maybe a zoo does belong there given those places, but there you go. You cannot carry at a park, a beach, a recreational facility or an area owned or controlled by a state, county or local government unit or any part of such place, which is designated as a gun free zone by the governing authority based on considerations of public safety. You know, the favorite fallback of every anti-gunner is their false claim of public safety when in fact guns make places safer, but that’s rarely a consideration in New Jersey, of course, so beware. Number eleven, youth sports event, during and immediately preceding and following the conduct of the event, except that this provision shall not apply to participants of a youth sports event which is a firearms competition. Well, that’s nice. Because if guns are banned at a youth firearms competition, it is really hard to compete with firearms. How nice.
EvanNappen 17:03
Twelve, publicly owned or leased library or museum. So, don’t go pull a “night at the museum” deal there and think you can defend yourself because that won’t fly in Jersey. A shelter for the homeless, an emergency shelter for the homeless, a basic center shelter program, a shelter for homeless or runaway youth, Children’s Shelter, child care shelter, shelter for victims of domestic violence, or any shelter licensed by or under the control of the Juvenile Justice Commission or the Department of Children and Families. Wow. A lot of shelters out there that I didn’t even know existed. Don’t carry your gun at those shelters. And how are you going to know that these other shelters are under the control of the Juvenile Justice Commission or the Department of Children? I don’t know. I guess you’re supposed to have like ESP or something like that. You know, I have ESP. It’s an extra stupid personality. But anyway. Fourteen, a community residence for persons with developmental disabilities, head injuries, or terminal illnesses, or any other residential setting licensed by the Department of Human Services or the
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Department of Health. So, there you go. How are you going to know it? I don’t know. But watch out for those community residences.
EvanNappen 18:38
Fifteen, a bar or restaurant where alcohol is served. And any other site or facility where alcohol is sold for consumption on the premises. So, I always get the question. What about the Bring Your Own alcohol deal? What about that? Well, look at what the first part says. A bar or restaurant where alcohol is served. Are you going to be serving out of that bottle, the alcohol that you brought? Well, lo and behold, look at what it says. So, do not carry in a bring your own place for alcohol, places where it’s served, or any other place where it’s sold for consumption. Can you bring your gun to the liquor store? Yes, because it’s not sold for consumption there. That’s the difference. But not the bar. Not the restaurant. So, beware of that. Let me also mention, by the way, we did get an injunction in the lower court, where you could carry in bars or restaurants where alcohol is served, but then it was stayed by the Appellate Court. So, now it’s back in effect. The same as the 100 feet of a public gathering which was stayed by Judge Bumb, I mean enjoined, and then that was reversed currently. So, the ban is back in place. The zoo was allowed, and now it’s not. The park and the beach and the recreational facility, that one was okay, but now it’s not.
EvanNappen 20:51
This is why it’s very important that you support our state Association, that you be a member of our state Association. There are still about 10 more of these to go through, but I just want to remind you that the Association are the folks that are battling this, as we speak. We want them to win and knock these prohibitions out so that we can remain defenders and not victims in these places. So, you should join the Association. They have a full-time paid lobbyist in Trenton. They’re battling the assault firearm ban, so-called, which is really just modern sporting rifles, of course, and the standard capacity magazine ban. We should see some movement on all these cases shortly. My good friend and colleague, Dan Schmutter, is spearheading those efforts. He, too, is a proud member of the state Association, and so should you. Go to anjrpc.org and join today. ANJRPC.org.
EvanNappen 21:58
It is a prohibited place under number 16 to carry your handgun, even with a carry permit, at a class five cannabis retailer or medical cannabis dispensary, including any consumption areas licensed or permitted by the cannabis regulatory commission. So, do not carry your gun at a weed shop. Now, of course, New Jersey can blatantly violate federal law and allow for the sale where they become, because you know they get a piece of it, one of the largest drug dealers in the country. That’s okay. But don’t you carry your gun there where they’re blatantly breaking federal law. Make sure you don’t do that. Seventeen, a privately or publicly owned and operated entertainment facility within this state, including but not limited to, a theater, a stadium, a museum, an arena, a racetrack or other place where performances, concerts, exhibits, games or contests are held. Those are still prohibited places. The Association in its lawsuit knocked that one out, but the Appellate Division put it back in, temporarily. The battle is ongoing. So, maybe we’ll knock that one out. Again, I believe we will, and I hope so. But for now, be careful. Don’t violate it. Don’t be a GOFU.
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EvanNappen 23:40
Eighteen, a casino and related facilities, including but not limited to, the appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment and recreational venues located within the casino property. This might even include marinas, if they are casino property. So, be aware of that. This, too, was stayed/enjoined. So, it’s back in effect. But even with that, the casinos banded together, and privately they all decided to ban guns from the premises. So, I would not give any business to New Jersey casinos. They are anti-gun. It’s that simple, folks. Why do you give your money to any organization that opposes your Second Amendment rights? Don’t do it. You want to gamble? Go for it. Just not in a New Jersey casino. Screw them.
EvanNappen 24:43
Nineteen, a plant or operation that produces, converts, distributes or stores energy, or converts one form of energy to another. Boy, is that broad enough? What the hell are they even talking about? What? If you’re standing next to a solar panel or something? I have no clue. But plainly power plant energy, whatever. I mean, what if you’re charging your Tesla? Is it a problem? I don’t know. It’s so broad, overbroad, there that it’s ridiculous. But there you go. Twenty, an airport or public transportation hub is prohibited. Twenty-one, a health care facility, including but not limited to a general hospital, special hospital, a psychiatric hospital, a public health center, diagnostic center, a treatment center, a rehabilitation center, an extended care facility, a skilled nursing home, a nursing home. So, what’s that? An unskilled nursing home. I don’t know. Intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, an outpatient clinic, a dispensary, that’s like a drugstore. Beware. Assisted living center, home health care agency, residential treatment facility, residential health care facility, medical office, or ambulatory care facility.
EvanNappen 26:15
So, you cannot go to your doctor’s office with your gun. What if you go into CVS? There’s a dispensary there in the back. Well, in the litigation, it was determined that it’s only the part that’s a sensitive place. So, if you go into CVS, but you don’t go to the drugstore part, the pharmacy part, then you’re okay. The rest of CVS is not prohibited. But the dispensary is. Now what about medical offices? What if you’re a doctor and you want to carry? Many doctors do because they’re targets not just for money, but possibly even for drugs that they may have. Can a doctor carry in their own medical office? The answer to that is yes, because of one of the exemptions to sensitive places. One of the exemptions are the classic old exemptions under N.J.S. 2C:39-6, particularly subsection e., which exempts one’s home and/or place of business. So, if you are a doctor and it is your medical office that you own, then you’re able to carry under that exemption in your place of business. That exempts you from the sensitive place prohibition. So, keep that in mind. But if it’s not your office, if you don’t own it, then you cannot carry there.
EvanNappen 27:51
Twenty-two, a facility licensed or regulated by the Department of Human Services, Department of Children and Families, or Department of Health, other than a health care facility, that provides addiction or mental health treatment or support services. So, you’re banned. You’re barred from carrying your gun. Twenty-three, a public location being used for making motion picture or television images for theatrical, commercial, or educational purposes during the time such location has been used for that purpose. So, when they banned as a sensitive place having guns at motion picture and television
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locations, we call that the Alec Baldwin prohibition. And of course, throughout all that hysteria was why they put it in, but Judge Bumb issued an injunction on that, and it was not disturbed by the Appellate Division because, frankly, New Jersey realized that in their zest in doing this, they were hurting Hollywood, their buddies in Hollywood, you know, those huge Democrat donors. So, they’re happy that that one is no longer in effect and has remained not in effect. So, there you go. Alec is free in New Jersey to have his gun there if he’s making a movie. Unless, of course, he becomes a convicted felon over his problem.
EvanNappen 29:32
Twenty-four, private property is a prohibited place. I’m going to explain how this works. Private property including but not limited to, residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a concealed handgun with a valid and lawfully issued permit under N.J.S. 2C:58-4, provided that nothing in this paragraph shall be construed to affect the authority to keep or carry a firearm established under subsection e. of N.J.S. 2C:39-6 exemption, and that’s possession in one’s home. So, here, it looks like all private property is prohibited unless there’s some sign that says we love guns, come on in. Otherwise, we were barred. However, that’s not the case. Because in the litigation, Judge Bumb issued a stay on this, and then it got modified so that the current state of that exemption rolls as follows. When it comes to private property, the question is, is the private property open to the public or not? If the private property is open to the public, then you don’t need a sign. You don’t need advanced permission. As long as the private property is not otherwise a “sensitive place” and you have a carry permit, you can carry your handgun there. So, you can walk into that convenience store, even though it’s a private property owned by a business, you can walk into the convenience store with your gun. Not a problem. You can do that because it’s open to the public.
EvanNappen 31:32
But what if you’re going to your friend’s house? Well, that’s not open to the public. So, your friend had better have given you permission to have your gun there or have that sign out there. You know, the “we love guns” sign. If not, don’t carry on private property that is not open to the public. That’s how the private property “sensitive place” currently operates. Now, some of you may say, well, what about if I go to a store and it says, no guns? The opposite, no guns, or it has one of those dopey signs from the Attorney General. We don’t want any guns here. Well, what happens there is this is. It is not a sensitive place to carry where there is a no gun sign, but it is a trespass if you do. Because property owners have the right over their property, to the degree permitted by law to say who can come on their property, even private property owned by commercial establishment. They can say, for example, you know, if you don’t have shoes on, we don’t want you in here, or no dogs allowed except for service animals. Well, when they say no guns, it falls into that same category, and if you ignore that no guns sign, then you can be charged with trespass. So, beware of that little nuance on that one. Twenty-five, any other place in which the carrying of a firearm is prohibited by statute or rule or regulation promulgated by a federal or state agency. Good, I hope, you know every single rule and reg ever promulgated by the federal or state government. Because that’s what that one is saying. Yeah, just a little overbroad. Now, those are the official 25 sensitive places.
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EvanNappen 33:49
What if you end up in a parking lot of one of those “sensitive places” and you’re carrying. What do you do? Well, if you’re not within that N.J.S. 2C:39-6e. exemption or you’re not within an exemption because you’re law enforcement under subsection a. or retired law enforcement under subsection l. of N.J.S. 2C:39-6 or law enforcement under subsection c., then if you’re carrying in a vehicle, there are things you need to know. The exemption to sensitive places is one thing when you get in the parking lot. But there’s also a vehicle standalone prohibition that’s not part of the big 25, and this causes other confusion. The vehicle prohibition said that if you are carrying even with a permit to carry, you were not allowed to carry your permitted handgun loaded on your person in your own vehicle. We called that the Car Jacker Protection law because that’s all it was doing. This was prohibiting you from defending yourself and your loved ones from crime occurring while in your vehicle or while you’re driving your vehicle, etc. However, that entire vehicle prohibition, which is that stand alone, not part of the 25, but still a prohibited place, if you will, that was stayed by Judge Bumb, and has remained in place. So, what it means is you can carry your permitted handgun loaded, concealed on your person in your vehicle. It is allowed.
EvanNappen 35:56
The problem is folks who read that don’t realize it. I recently learned of a situation where a person was attacked in their vehicle. They had locked their gun up in the vehicle thinking that they weren’t allowed to have it on them in their vehicle. They were beaten to inches within their death. Whereas if that law was not there confusing and stopping people, that person would not have been viciously assaulted and almost killed. So, you can carry in your vehicle as long as you’re licensed to do so, but it needs to be loaded and holstered on your person. Don’t have it in the console. Don’t have it in one of those vehicle holsters. Carry it as you would outside of your vehicle, loaded and concealed on your person. That is the way to do it.
EvanNappen 36:51
Now, when you’re in that parking lot of a “sensitive place”, the exemption allows you to transport it to that parking lot. Then while you’re in that parking area, you can put your handgun unloaded and contained in a closed and securely fastened case, gun box, or locked unloaded in the trunk. Now, what I recommend is, if you have invested in your carry gun, your training, your CCARE, you listen to this show, all that great stuff, your time and your money, buy the proper car gun transport container. One where it cables to the bottom of your seat with a steel cable and is a lockbox. Unload your gun, lock it in the box, and slide the box under the seat. It is now secured. You are a responsible gun owner. Not only do you meet the criteria under the law for that narrow exemption when you enter a sensitive place, but you also have secured your gun from theft and demonstrated the responsibility that you undertake. It’s in your own best interest to do it as well. So, make sure you have one of those boxes in your car, and make sure you can always secure your gun properly. In case you have to go in an emergency to a healthcare facility, you can secure it etc., anything like that. It’s very important that you do that and not end up as a GOFU.
EvanNappen 38:32
So, folks, those are the key prohibited places. Keep in mind that the sensitive places that are still blocked. The sensitive places that are no longer prohibiting you includes loaded in your car to fight off
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carjackers, private property as I’ve explained how that split works, and public film locations. If you’re Alec Baldwin, keep that in mind. This is how it works. The others that were knocked out, but then temporarily reinstated. Hopefully, those and many others of these outrageous prohibitions on us, will go. It’s your state Association that is spearheading that litigation to expand our ability to carry and defend ourselves in New Jersey. To not be victims, but instead be defenders.
EvanNappen 39:47
Although we talked about a lot of things here, I still have a special GOFU to share with you, and this GOFU is actually from a letter. It’s from Ed. Ed says, just listened to your podcast about the assault shotgun requirement. I bought a Beretta 1301. The store told me that since the gun has a three-inch chamber and can only take 6 three-inch rounds that it’s legal. The gun will take seven, 2 3/4-inch rounds. But I was told not to do that and that I will be okay. They said they got this information from the state police. Any input? Yes, there is a legal term that completely addresses that advice that you were given, and that legal term is bullshit. Okay? And here’s why, folks. New Jersey’s assault firearm law is very clear. It says in the statutory part that you cannot have a semi-automatic shotgun with a magazine capacity that exceeds six rounds. It also cannot have a folding stock. It cannot have a pistol grip. Six rounds are the limit on the semi- automatic shotgun.
EvanNappen 41:20
When you go to the Beretta website, it says it has, and this is from the Beretta’s website, a factory magazine capacity of seven plus one. (https://www.beretta.com/en-us/product/1301-tactical-FA0004) Now, forget the plus one part. It says seven and six is the limit. Seven is more than six. I don’t care if it can also take a three-inch chamber round and hold less, or a three-and-a-half-inch chamber and can hold less. It will fit and function with two and three quarters, and it holds seven. It’s an assault firearm in New Jersey. But don’t worry, all you’re risking is 10 years in State Prison with a minimum mandatory three and a half years – no chance of parole. For following that bullshit advice. That’s all. Yeah, that’s why it’s a GOFU, folks. So, please, don’t be the next GOFU, especially on that Beretta.
EvanNappen 42:31
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 42:41
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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About The Host
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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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