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Episode 195-What the media will NEVER tell you!

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Content provided by Evan Nappen, Esq and Evan Nappen. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Evan Nappen, Esq and Evan Nappen or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Episode 195-What the media will NEVER tell you!

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Gun Lawyer Episode 195

SUMMARY KEYWORDS

gun, gun rights, new jersey, handgun, exemption, law, shoot, president trump, gun laws, vance, homeless, firearm, evan, place, bb gun, carry, question, vehicle, firearms, lawyer

SPEAKERS

Speaker 3, Evan Nappen

Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, we sure had a hell of a week that’s for sure. I mean, history is being made before our very eyes, and, of course, we’ve been watching. I’m sure all of you have been watching as events unfold. And, you know, as gun people as we are, we’re always interested in hardware being employed at any time, good or bad. One of the things some folks have asked is, does anyone know what gun the deceased would be assassin was using? They’re not making a big deal about the specific model, but I did discover it. This is from an article on Fox News where it talks about the FBI gaining access to the would-be killer’s, well, he is a killer. He killed the great man there who was a fire chief and beloved family man and wounded two others seriously. (https://www.foxnews.com/us/fbi-has-gained-access-thomas-matthew-crooks-phone-trump- assassination-attempt)

Evan Nappen 01:26
So, the firearm that he used, by the way, was a DPMS AR-15 type gun, if anyone’s wondering what it was. It was a DPMS. And so, what? AR is the most popular firearm, modern sporting rifle in America. So, it’s not a surprise that a gun that’s popular, that’s in such common use, can be used for good or bad. It’s not the gun; it’s the person. Here we see this person who almost took out President Trump and thank God he didn’t. Instead, we really see what an opposite effect is taking place. We saw what has to be the ultimate cognitive tests that anyone has ever undertook, which is, how do you react after being shot in an attempted assassination? And what did we see? We saw President Trump rising up after being wounded by the round. He rose up, and he held up his fist. His cheek has that blood like war paint, and what does he do there with the American flag behind him? That iconic picture that will live on forever. Even going on the cover of Time Magazine. Even they have to put that photo on their cover, as much as they’re a bunch of lefties. And what is it? What does it say? It says fight. Keep fighting. Fight no matter what. Talk about inspiration.

Evan Nappen 03:37
You know, when folks face danger, when you’re gripped with that moment of extreme peril and fear, they say that people have essentially three reactions, although sometimes it’s reduced down to two. It’s known as fight or flight. I’m sure you’ve heard that. But it’s actually fight, flight, or fear; a fight, flight or freeze from the fear. Fight, flight, or freeze. And what you saw there, without staging, without teleprompters, without prescreening and preparation, as his opponent has to do to even get through an

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event, you saw President Trump react in the most inspiring and amazing way. And that was a pure fight reaction. And that was his message. We have to fight. We have to fight for our rights. We have to fight so that we can protect, not just our Second Amendment rights, but protect America, and I know that you realize that.

Evan Nappen 04:57
These are things that we’ve been reflecting on, but one of the key things, I think of great interest that you may not be hearing a lot about and that I want to share with you is the vice presidential choice by President Trump, which was to pick J.D. Vance. Now J.D. Vance is a young man, relatively speaking, and he was chosen by President Trump. It’s an amazing pick by the President because if you know his backstory, that he actually wrote a book about called Hillbilly Elegy and that book became a movie, Hillbilly Elegy. It became a movie. You can watch it today on Netflix, and now it’s back in the top 10 on Netflix, even though I think the movie didn’t come out till 2020. But the deal is, you know, he comes from Appalachia. That’s his roots. And it’s a great movie to watch, to really see this individual that came up from this poor, but very prideful family. Just a difficult culture to excel from, you know, the challenges that that presents. He did that very thing and dealt with many problems in his environment, and it’s a lot to admire about him. He joined the Marines. Then he went to Yale Law School and graduated top of his class, and he ended up being very successful in business.

Evan Nappen 07:00
One of the things that is of great importance to us is, well, what is his stand on what’s near and dear to us? What is J.D. Vance’s position when it comes to gun rights? I have an article here from guns.com, and it’s called, “Where does J.D. Vance, Trump’s VP Pick, Stand on Gun Rights?” This article is by Chris Eger, and it’s really great. (https://www.guns.com/news/2024/07/16/trump-vice-president-jd- vance-pro-gun) J.D. Vance is a stalwart pro-gun, pro-gun rights advocate. He is absolutely. We couldn’t ask for anyone better. And keep in mind, his pick, as vice president is, of course, to carry the torch even after President Trump. Just to highlight some really fascinating things about J.D. Vance, specifically on his stand on gun rights. Well, first of all, according to the article, by the way, he grew up with guns. His grandmother, he called Mamaw, was really this incredibly strong woman who forcefully was able to, in effect, save J.D. and put him on the right path to success. But she, who kept him on the straight and narrow, was a Democrat. She was known as, you know, a blue dog Democrat. She herself owned 19 handguns and had a deep Christian faith. This is where he got his foundation, and he is absolutely a true believer, like you and me.

Evan Nappen 09:18
He has quite a record in opposing red flag laws. He opposed the sell out by the rhinos, you know, the Bipartisan Safer Communities Act. He calls gun violence. You know, we’ve talked about that fake term that is just to make guns into violence. He calls it a fake problem. Gun violence are fake problems. Gotta love it, because they are. It’s criminal violence. That’s the problem. He also calls it a huge distraction. And that’s what the left always does, right? The anti-gunners, the anti-gun folks, they distract all the time with gun control, gun laws, gun violence – the propaganda term. And he calls them out on it. You know, the NRA spent half a million dollars supporting Vance. He is a rated for his Senate campaign. Vance has advocated the abolition of the Bureau of Alcohol, Tobacco and Firearms. So,

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he’s an unwavering supporter of Constitutional rights and especially the right to keep and bear arms. I’m paraphrasing what NRA has to say about him.

Evan Nappen 10:54
We are very fortunate that President Trump has chosen J.D. Vance, and this is just extremely exciting. We now are poised for a tremendous victory for our gun rights. Remember, the next president is probably going to appoint more Supreme Court justices which can be not only someone who can block the left’s attempts at taking away our gun rights but can actually get an increase in our Second Amendment freedoms. Get repeals through and get positive gun rights laws that protect our rights passed. And, boy, the groundwork is really being laid here. I think we all have a right to be cautiously optimistic and happy for the way the political winds have changed so dramatically in America.

Evan Nappen 12:12
Let’s face it, what Biden and the Democrats have tried to do to President Trump has all backfired and collapsed under their own feet. You see that the President has survived everything that they’ve thrown at him, from the lawfare campaign to these bogus criminal indictments, to these ridiculous civil suits, and going after his company. All these things that will eventually be reversed. And they thought by slamming him like this, that they would stop him. But not a man who gets shot and wounded, pushes away Secret Service so he can stand there with a bloody cheek and his fists raised, to continue the fight. They’re not going to stop him. He is one of the toughest, most amazing, folks and boy, isn’t that who we want for our leader? You better believe it. So, these are interesting times for sure, and we’re following it very vigorously, folks. Hopefully, we will be able to fix the damage that’s been done, and actually make things tremendously better. And have the Second Amendment become the full embodiment of what our Founding Fathers meant for us to have.

Evan Nappen 13:45
Now, I did find another interesting tidbit here that I want to share, because again, you’re not going to see this emphasized in the imperial media, in the lamestream media. Researchers at Duke University did a study on gun violence. (https://abc11.com/post/children-gun-violence-researchers-duke- university-release- new/15051779/#:~:text=(WTVD)%20%2D%2D%20Duke%20University’s%20recent,ages%20of%20on e%20to%2018.) So, there’s the magic words again, you know, on that. It’s reported from Duke’s recent study, and here’s the good part. It’s really something. Regardless of how many gun laws, regardless of how restrictive you have gun laws, such as expanding background checks and waiting periods and safe storage and all that stuff, they love to dump on gun owners to pamper our rights, that there is no notable distinctions between states with and without firearm laws when it comes to deaths among children. That’s right. The Duke study essentially determined that the gun laws have no effect on the deaths of children. Oh my. So, all these gun laws do is take away our rights and make it harder for us to defend ourselves and our families and to exercise our Second Amendment rights. They do absolutely nothing in terms of the deaths of children. You know, the left is always, oh, it’s about the children. Well, if it’s about the children, it’s not doing a thing about the children. But it is causing the Constitution to be violated and our guarantee of our Second Amendment rights to take hits. No impact whatsoever on children. So, there’s some data that you’re not going to see mentioned too much in the media, but we love to talk about those things here on Gun Lawyer.

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Evan Nappen 16:15
Now, let me also bring to your attention regarding WeShoot. We have a number of things here happening at WeShoot that I want to bring to your attention. First of all, WeShoot is a great indoor range in Lakewood, and it’s easily accessed right from the Parkway. You can find them right on the web at weshootusa.com. Now what WeShoot is doing is they’re running a new webstore, offering extremely low and competitive prices. So, if you’re looking around for some great deals, they’re doing this to support the gun owner community and combat the recent fee hikes proposed by New Jersey. If you go to their webstore at weshootusa.com, you’ll find these great low and competitive prices. Plus, if you select in-store pickup, you can avoid transfer fees and shipping costs. That’s right. At WeShoot, there are no transfer fees if you select in-store pickup. The new webstore aims to help people who are impacted by rising prices and fees, and to encourage anyone discouraged by those increases to still get their guns and top quality gear. To celebrate this, from July 21 to July 28, they’re offering an additional 10% off all items, excluding gift cards, from their webstore. So, make sure you check out WeShoot. They’re offering these fantastic deals and discounts. You can get great guns and gear at great prices.

Evan Nappen 18:27
The other important thing, which we’ve talked about before and I want to let you know. there’s still some limited space available. So, you want to jump on this. Lieutenant Colonel Hartman, IDF Master Sniper, the guy who created the training program for the half million Israeli soldiers in the IDF. A guy that’s been there and done that for real. You know, he made the cover Soldier of Fortune for real. He will be live at WeShoot on August 9 in the morning, August 9. He’ll be there in person instructing, and you can attend that for free, as long as you buy his Elite Marksmanship Program system on the website. That Elite Marksmanship Program is amazing. It is instruction and video by Lieutenant Colonel Hartman. You’re going to learn things that you’re not going to learn anywhere else. He will be at WeShoot to personally instruct and teach how to implement the program. So, you’re going to get the program itself and then the personal instruction for free. You’ll get to meet this hero. His credentials are beyond reproach. He’s an amazing guy. So, if you’re interested in attending that, getting the Elite Marksmanship Program is really easy. You simply go to his website at wwwelitemarksman.com. We have the link right on our website here for the podcast as well. Purchase a program with a special for Gun Lawyer listeners. If you use the code all caps GUNLAWYER, one word all caps GUNLAWYER, you get an extra $100 off the Elite Marksmanship Program. Once you purchase the program, go to weshootusa.com, and register for the seminar under the training tab. Select the Sharpshooter’s Edge: Mastering Rifle Marksmanship with Lt. Col. Mikey Hartman. So, we’re going to need to get 100 people. That’s the max for this program. Like I said, there are a few places still available, but not many. So, make sure you jump on this great opportunity to get that top line training skills and meet Lieutenant Colonel Hartman personally. I know I’m looking forward to it. I will be there. I’ll also be speaking there as well. Don’t miss it.

Evan Nappen 21:36
I also want to remind you, as I know you are aware, at least you better be, that you need to be a member of the Association of New Jersey Rifle & Pistol Clubs. They, too, are a proud sponsor of Gun Lawyer, and I really do appreciate it. They are the number one gun rights defenders in New Jersey.

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They’re the ones litigating in federal court, as we speak, on all the bad gun laws that Jerseyans suffer under, like the assault firearm law, the large capacity magazine law, and the Carry Killer bill. Dealing with the Attorney General and getting all kinds of good things done. Helping our gun rights. Plus, they have a full time paid lobbyist down in Trenton keeping an eye on their shenanigans. You’ll get email alerts and the best newsletter on gun rights in the state. So, make sure you’re a member. Make sure you join the Association of New Jersey Rifle & Pistol Clubs. ANJRPC.com. anjrpc.com. The Association of New Jersey Rifle & Pistol Clubs. Be part of the solution. They’re the group. I belong, and I serve on the board. I help with the litigation and legal issues. I’m dedicated to the Association. You need to be a member. They are the number one group for Jersey, and it’s critical that you belong.

Evan Nappen 23:15
The other thing you really need to do if you haven’t done it already. Big suggestion. Make sure you buy my book. That’s right. It’s New Jersey Gun Law, the Bible of New Jersey gun law. It’s over 500 pages with 120 topics all in a question and answer format. It’s your guidebook through the dangerous matrix of New Jersey gun laws. You don’t want to be a GOFU. One of the best ways to avoid being a GOFU is to have that book. I wrote it to protect you. It’s used by the State Police Firearms Unit. It’s used by police and judges, attorneys and most importantly 1000s of gun owners throughout New Jersey. That’s who I wrote it for. It’s a labor of love. It’s now the 25th Anniversary Edition. When you get the book, scan the front cover and that will get you right to my subscriber database for free. I don’t sell it. I don’t distribute that database to anybody. But you will get updates from me if there are any changes in the law. You’ll be able to access the archives for all the updates, and you’ll be given notice of new updates, so the book stays current. Make sure you do that. If you want to get your copy today, just go to EvanNappen.com. That’s right www.EvanNappen.com. My name.com very easy. You’ll see the big orange book, click it to order it, and you’ll have it in a matter of days. You’ll be glad that you did it.

Evan Nappen 25:00
I love getting letters, and I’ve gotten some really great Ask Evan letters. These are so important because they are listeners with real questions and things that many of you may have wondered about yourself, just never gotten the time to ask. So, I have a letter here, and this is from Michael from Woodland Park. And what Michael says is kind of interesting, and we’ll go through his questions. Once again, I want to express my heartfelt gratitude to you, Evan, as a seminar attendee and long-time listener. Your presence and participation has always been a source of inspiration. Your emphasis on using the privileges granted us by the overlords running the People’s Republic of New Jersey and the transportation aspect is genuinely enlightening. It is my understanding that those with a permit to carry: number one, may have a loaded handgun on their person that is holstered and concealed when in a vehicle. Not be loaded in a holster or stored anywhere else in the vehicle including a purse or glove box, and must comply with the transportation exemption and rules.

Evan Nappen 26:23
So, basically, that is the story. If you have a Permit to Carry a handgun, the Carry Killer bill originally prohibited folks from carrying their loaded licensed handgun in a vehicle. That was won by the State Association, the Association of New Jersey Rifle & Pistol Clubs. Thanks to their litigation, this was stayed and actually enjoined so that it’s no longer effective in the law. You can carry your loaded, concealed handgun on your person in your vehicle. The law that was part of the Carry Killer bill, we

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called that the Carjacker Protection law when it originally came out, is no longer enforceable law. Thanks to the Association. However, you need to have your gun in the same manner that you would carry it outside the car, which is concealed loaded properly holstered on your person. Which is why, if you have a purse, you can’t have your gun in the purse and throw it on the back seat, that kind of a thing. You need to have it on your person. If you can, have the shoulder strap right over your shoulder, right there, directly next to you. Hopefully even touching your person if you’re carrying in a purse carry or fanny pack carry. We’ve discussed this before in the show. If you’re not carrying it in a proper way for concealed carry but instead are transporting it under the old exemptions, cased and unloaded, then it has to be just that – cased and unloaded. In the trunk if you have a trunk. You have to be going to specific places. From your home to the target range or from your home to hunting, if it’s appropriate for hunting, or from your home to your place of business, etc. You have to stay within those narrow exemptions and transport it accordingly.

Evan Nappen 28:30
Number two, they may have a loaded handgun on their person that is holstered and concealed within the vehicle. However, any range bag containing additional handguns may not be stored anywhere else in the vehicle unless they comply with the transportation exemption and rules. That is true. So, if you’re going to the range, then transport the other guns pursuant to the range transport, which is found by the way under N.J.S. 2C:39-6.f. for the range transportation. That’s where you can stay clearly within the exemption for the proper transport and then subsection g. of 39-6 is the mode of transport, which is unloaded, always unloaded, in either a closed and fastened case or in a gun box or locked in a trunk. That’s the proper way to do that.

Evan Nappen 29:31
Now number three, any handgun stored in a vehicle must be unloaded and stored using the transportation exemption. Yep, that is correct. Michael says, this is beyond insane because allowing a person to remove and secure the holster containing the weapon requires less manipulation then removing the handgun from the holster, removing the magazine, pulling the slide back, ejecting a round, capturing the round, placing the handgun into the lockbox, storing the ejected round, and storing the magazine. Perhaps more awkward, getting back in the vehicle, unlocking the box, removing the handgun, inserting the magazine, chambering a round, removing the magazine, topping of the magazine, inserting the magazine, then holstering the handgun.

Evan Nappen 30:12
Yes, this is the idiotic procedure that we have to go through if you’re going to be loading and unloading, especially when dealing with sensitive places because you have to secure it in a locked box. You want it locked and unloaded. This requires the continuous loading and unloading of the gun, which itself now forces you, in that confined space of a vehicle, to have to do this. This itself is now creating more unsafe conditions. So, the law does not enhance safety. It actually decreases safety. So much for the gun safety advocates that now require this absurdity. Mike goes on and says, perhaps the New Jersey State Police can produce a video showing how anyone could possibly do the above without being noticed to avoid some Karen calling 911 to report a person with a gun or some bad guy getting the idea of how to bypass purchase restrictions. I’d love to see it. And yes, I’ve had any number of cases where individuals are observed with their gun doing that very thing and the police get contacted. Of course,

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they’re legal. They’re allowed to do it. So, when you’re doing this, the idea is you have to do it very discreetly, on top of having to do all those manipulations. Again, less safe, more dangerous. Instead of just leaving it loaded untouched in the holster, which the law does not allow you to do at that sensitive place. You have to store your gun. It is as stupid as stupid gets, but that is New Jersey law, of course. New Jersey laws number one goal is to be stupid when it comes to guns, and they don’t fail here.

Evan Nappen 32:07
Mike goes on, using People’s Republic of New Jersey logic, if a person with a permit to carry left their home in the morning with a loaded and holstered handgun, with several tasks, including: one and two, dropping kids off at two different schools; three, stopping at a pharmacy; four, dropping off a property tax payment; five, taking a walk in the park; six, dropping off a library book; seven, dropping off some no longer needed clothing at a shelter; eight, picking up a friend at the airport; and nine and ten, picking up the kids from different schools. The question from Mike is, would that person strictly complying with all laws, rules, and regulations, with a permit to carry be expected to store their handgun in strict conformance with the transportation requirements between each and every errand? Or is being on the road between sensitive places allowed by the transportation exemption?

Evan Nappen 33:01
Mike, the answer is yes, that is exactly the absurdity. Frankly, someone should make a video just showing how stupid and dangerous it is. That every time you enter a sensitive place and park, you’re going to have to unload your gun and lock it. Meaning unholster it, reholster it. Each and every time you do that. It gets even more dangerous with the schools. Because not only are schools a sensitive place, but also there’s a separate prohibition under N.J.S. 2C:39-5.e. for educational facilities. This does not even allow you on the school property with your gun loaded or unloaded. So, you are going to have to park on the street to do that with the kids. It is as stupid as it gets. That hypothetical is really an excellent hypothetical that demonstrates the continuous having to handle that handgun in the vehicle over and over again, of loading and racking and unloading. It is unbelievably stupid, and it really needs to end. We need to win in the Carry Killer case. We have to get rid of these sensitive places. That’s just an abuse designed to limit our rights. Mike, thanks for the great letter and pointing out some very important problems that exist.

Evan Nappen 34:38
I have another letter, and this letter is from Lou. Lou says, hi Evan, my wife and I were listening to your podcast while driving back home from a long Fourth of July weekend in New England. That’s very nice. She came up with an interesting question and she wanted me to ask you. We both have New Jersey FID Cards, but all the firearms in my home were purchased / are owned by me. So, is it legal for my wife to transport my firearm? For example, we want to have a date night at the range. I leave work and drive directly to the range to meet her. She leaves our home with the firearms to meet me at the range. I understand that New Jersey gun law does not allow you to lend or borrow another individual’s firearms. Thank you for all you do . . . Lou.

Evan Nappen 35:24
Yeah, Lou, that’s a big problem. Your guns have to be transported by you, not her. If she’s going to transport them and that’s the plan, then you need to do Certificates of Eligibility to her before you leave

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for your long arms. So, now you’ve transferred them to her, and she can bring them to the range where you can then use them. Then if you want to get them back, she gets to do the paperwork back to you. Now, private sales normally require a dealer, but not with private sales to immediate family members. That also includes your spouse. So, you could actually do this paperwork back and forth twice to make that legal. But, if you’re not going to do that paperwork, then no, she can’t take your guns to the range. Only you can do that. Even though you both have New Jersey Firearms ID cards. Yep, it is just another absurdity under New Jersey law, if we want to talk about how the law technically works and applies. So, Lou, thanks for the great question.

Evan Nappen 36:23
This is from Ronald. Now Ronald asks an interesting question that doesn’t apply to him right now, and hopefully, it never applies to him or any of us. But it is an interesting thought. So, I want you to hear Ronald’s letter. He says, hi, Evan. My question revolves around homelessness. I am not homeless, nor do I plan to be. But life sometimes takes a turn for the worst. If I found myself living in my car, am I allowed to keep my gun in the car permanently? Would I be abiding by the law? Further, if I have to cross state lines for whatever reason, how can I go about doing that without breaking the law? Ronald, as much as the left bends over backwards for the homeless, as much as they want the homeless to set up tents anywhere they want and all that problem instead of addressing and really trying to help them, guess what? If you are homeless, you’ve lost your gun rights. That’s right. It’s that simple.

Evan Nappen 37:30
In New Jersey, you’re going to need a residence in order to get a Firearms ID Card, a pistol purchase permit, or a carry permit. You cannot get a license without having a residence. Now, let’s say you already somehow have this gun and you’re not looking to get a license. Well, how are you possessing the gun? There is no exemption for homelessness. The exemption under N.J.S. 2C:39-6.e. says possession in one’s home. If you’re homeless, if you don’t have a home, if you don’t have a residence, if you don’t have land owned or possessed by you, guess what? You don’t have an exemption for your possession, and you can’t get a license to possess it. If you had a carry permit, then you’re not restricted to having that loaded handgun on you only in your home. But you can’t get the carry permit unless you have a residence. They’re not going to issue it. Right on the application, what’s your residence? Homeless isn’t an answer that’s going to get accepted. So, the bottom line is if you’re homeless, you’re also Second Amendment deprived. They have disenfranchised in New Jersey the homeless from the Second Amendment. They are disenfranchise from gun rights. That’s right. So, look, it’s an interesting question because it shows this effect.

Evan Nappen 39:10
The issue that Jersey makes for homelessness, I think might be even ripe for a challenge. Because under Bruen when you look at text, history, and tradition, there was never a requirement in the past laws, you know, of the times that we have to look at from the founding of the Second Amendment, maybe up to the 1860s, where in order to have a gun, you had to have a home. Believe me, there were plenty of homeless throughout our history that had their rights not taken away from them. But that’s not how it stands now in Jersey. So, maybe some group that normally defends the homeless, like the ACLU, maybe they’ll step up for homeless gun rights. Yeah, that’ll be the day. That’ll be the day.

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Evan Nappen 40:05
So, what about this week’s very popular segment, the GOFU? What’s the GOFU for this week? Remember the GOFU is the Gun Owner Fuck Up in which I’m talking about actual cases, actual gun owners, who end up getting in trouble, having problems. They are expensive lessons they learned that you get to learn very, very reasonably. You get to learn them for free. So, this GOFU is about children and air guns. Keep in mind that in New Jersey, air guns, air pistols, air rifles, pellet rifles, etc., are firearms under New Jersey law. Airsoft is not a firearm. You know the ones that shoot the little six millimeter plastic pellets. But your traditional BB guns, lead pellet, alloy pellet, pellet firing rifles, .177 pellets, .22 cal pellet BB guns, traditional air guns, are firearms under New Jersey law. If you let your son or daughter have a BB gun, you know, like Christmas story, the ol’e Red Ryder and they go out, not under your direct supervision with that, well, that’s an unlawful transfer of a firearm made to your son or daughter. It was unlawful, and their possession of the air gun or BB gun is unlawful. Both you and your child can face New Jersey gun charges. That’s right. Firearm charges for a BB gun in New Jersey. So, don’t be that GOFU. If you’re going to take your kids shooting, make sure they’re under your direct supervision at all times and therefore under the exemption for that under N.J.S. 2C:58-6.1. That’s what allows it to happen. But if they’re not under your supervision, direct supervision, no guns, no air guns. Don’t let them keep their BB gun in their room, etc. None of that. You can’t do it in New Jersey. And if you do, you can have big problems that can escalate to everybody losing their gun rights, losing their guns and possibly losing your freedom by being imprisoned.

Evan Nappen 42:50
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 42:59
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

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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Episode 195-What the media will NEVER tell you!

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Podcast Transcript

Gun Lawyer Episode 195

SUMMARY KEYWORDS

gun, gun rights, new jersey, handgun, exemption, law, shoot, president trump, gun laws, vance, homeless, firearm, evan, place, bb gun, carry, question, vehicle, firearms, lawyer

SPEAKERS

Speaker 3, Evan Nappen

Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, we sure had a hell of a week that’s for sure. I mean, history is being made before our very eyes, and, of course, we’ve been watching. I’m sure all of you have been watching as events unfold. And, you know, as gun people as we are, we’re always interested in hardware being employed at any time, good or bad. One of the things some folks have asked is, does anyone know what gun the deceased would be assassin was using? They’re not making a big deal about the specific model, but I did discover it. This is from an article on Fox News where it talks about the FBI gaining access to the would-be killer’s, well, he is a killer. He killed the great man there who was a fire chief and beloved family man and wounded two others seriously. (https://www.foxnews.com/us/fbi-has-gained-access-thomas-matthew-crooks-phone-trump- assassination-attempt)

Evan Nappen 01:26
So, the firearm that he used, by the way, was a DPMS AR-15 type gun, if anyone’s wondering what it was. It was a DPMS. And so, what? AR is the most popular firearm, modern sporting rifle in America. So, it’s not a surprise that a gun that’s popular, that’s in such common use, can be used for good or bad. It’s not the gun; it’s the person. Here we see this person who almost took out President Trump and thank God he didn’t. Instead, we really see what an opposite effect is taking place. We saw what has to be the ultimate cognitive tests that anyone has ever undertook, which is, how do you react after being shot in an attempted assassination? And what did we see? We saw President Trump rising up after being wounded by the round. He rose up, and he held up his fist. His cheek has that blood like war paint, and what does he do there with the American flag behind him? That iconic picture that will live on forever. Even going on the cover of Time Magazine. Even they have to put that photo on their cover, as much as they’re a bunch of lefties. And what is it? What does it say? It says fight. Keep fighting. Fight no matter what. Talk about inspiration.

Evan Nappen 03:37
You know, when folks face danger, when you’re gripped with that moment of extreme peril and fear, they say that people have essentially three reactions, although sometimes it’s reduced down to two. It’s known as fight or flight. I’m sure you’ve heard that. But it’s actually fight, flight, or fear; a fight, flight or freeze from the fear. Fight, flight, or freeze. And what you saw there, without staging, without teleprompters, without prescreening and preparation, as his opponent has to do to even get through an

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event, you saw President Trump react in the most inspiring and amazing way. And that was a pure fight reaction. And that was his message. We have to fight. We have to fight for our rights. We have to fight so that we can protect, not just our Second Amendment rights, but protect America, and I know that you realize that.

Evan Nappen 04:57
These are things that we’ve been reflecting on, but one of the key things, I think of great interest that you may not be hearing a lot about and that I want to share with you is the vice presidential choice by President Trump, which was to pick J.D. Vance. Now J.D. Vance is a young man, relatively speaking, and he was chosen by President Trump. It’s an amazing pick by the President because if you know his backstory, that he actually wrote a book about called Hillbilly Elegy and that book became a movie, Hillbilly Elegy. It became a movie. You can watch it today on Netflix, and now it’s back in the top 10 on Netflix, even though I think the movie didn’t come out till 2020. But the deal is, you know, he comes from Appalachia. That’s his roots. And it’s a great movie to watch, to really see this individual that came up from this poor, but very prideful family. Just a difficult culture to excel from, you know, the challenges that that presents. He did that very thing and dealt with many problems in his environment, and it’s a lot to admire about him. He joined the Marines. Then he went to Yale Law School and graduated top of his class, and he ended up being very successful in business.

Evan Nappen 07:00
One of the things that is of great importance to us is, well, what is his stand on what’s near and dear to us? What is J.D. Vance’s position when it comes to gun rights? I have an article here from guns.com, and it’s called, “Where does J.D. Vance, Trump’s VP Pick, Stand on Gun Rights?” This article is by Chris Eger, and it’s really great. (https://www.guns.com/news/2024/07/16/trump-vice-president-jd- vance-pro-gun) J.D. Vance is a stalwart pro-gun, pro-gun rights advocate. He is absolutely. We couldn’t ask for anyone better. And keep in mind, his pick, as vice president is, of course, to carry the torch even after President Trump. Just to highlight some really fascinating things about J.D. Vance, specifically on his stand on gun rights. Well, first of all, according to the article, by the way, he grew up with guns. His grandmother, he called Mamaw, was really this incredibly strong woman who forcefully was able to, in effect, save J.D. and put him on the right path to success. But she, who kept him on the straight and narrow, was a Democrat. She was known as, you know, a blue dog Democrat. She herself owned 19 handguns and had a deep Christian faith. This is where he got his foundation, and he is absolutely a true believer, like you and me.

Evan Nappen 09:18
He has quite a record in opposing red flag laws. He opposed the sell out by the rhinos, you know, the Bipartisan Safer Communities Act. He calls gun violence. You know, we’ve talked about that fake term that is just to make guns into violence. He calls it a fake problem. Gun violence are fake problems. Gotta love it, because they are. It’s criminal violence. That’s the problem. He also calls it a huge distraction. And that’s what the left always does, right? The anti-gunners, the anti-gun folks, they distract all the time with gun control, gun laws, gun violence – the propaganda term. And he calls them out on it. You know, the NRA spent half a million dollars supporting Vance. He is a rated for his Senate campaign. Vance has advocated the abolition of the Bureau of Alcohol, Tobacco and Firearms. So,

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he’s an unwavering supporter of Constitutional rights and especially the right to keep and bear arms. I’m paraphrasing what NRA has to say about him.

Evan Nappen 10:54
We are very fortunate that President Trump has chosen J.D. Vance, and this is just extremely exciting. We now are poised for a tremendous victory for our gun rights. Remember, the next president is probably going to appoint more Supreme Court justices which can be not only someone who can block the left’s attempts at taking away our gun rights but can actually get an increase in our Second Amendment freedoms. Get repeals through and get positive gun rights laws that protect our rights passed. And, boy, the groundwork is really being laid here. I think we all have a right to be cautiously optimistic and happy for the way the political winds have changed so dramatically in America.

Evan Nappen 12:12
Let’s face it, what Biden and the Democrats have tried to do to President Trump has all backfired and collapsed under their own feet. You see that the President has survived everything that they’ve thrown at him, from the lawfare campaign to these bogus criminal indictments, to these ridiculous civil suits, and going after his company. All these things that will eventually be reversed. And they thought by slamming him like this, that they would stop him. But not a man who gets shot and wounded, pushes away Secret Service so he can stand there with a bloody cheek and his fists raised, to continue the fight. They’re not going to stop him. He is one of the toughest, most amazing, folks and boy, isn’t that who we want for our leader? You better believe it. So, these are interesting times for sure, and we’re following it very vigorously, folks. Hopefully, we will be able to fix the damage that’s been done, and actually make things tremendously better. And have the Second Amendment become the full embodiment of what our Founding Fathers meant for us to have.

Evan Nappen 13:45
Now, I did find another interesting tidbit here that I want to share, because again, you’re not going to see this emphasized in the imperial media, in the lamestream media. Researchers at Duke University did a study on gun violence. (https://abc11.com/post/children-gun-violence-researchers-duke- university-release- new/15051779/#:~:text=(WTVD)%20%2D%2D%20Duke%20University’s%20recent,ages%20of%20on e%20to%2018.) So, there’s the magic words again, you know, on that. It’s reported from Duke’s recent study, and here’s the good part. It’s really something. Regardless of how many gun laws, regardless of how restrictive you have gun laws, such as expanding background checks and waiting periods and safe storage and all that stuff, they love to dump on gun owners to pamper our rights, that there is no notable distinctions between states with and without firearm laws when it comes to deaths among children. That’s right. The Duke study essentially determined that the gun laws have no effect on the deaths of children. Oh my. So, all these gun laws do is take away our rights and make it harder for us to defend ourselves and our families and to exercise our Second Amendment rights. They do absolutely nothing in terms of the deaths of children. You know, the left is always, oh, it’s about the children. Well, if it’s about the children, it’s not doing a thing about the children. But it is causing the Constitution to be violated and our guarantee of our Second Amendment rights to take hits. No impact whatsoever on children. So, there’s some data that you’re not going to see mentioned too much in the media, but we love to talk about those things here on Gun Lawyer.

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Evan Nappen 16:15
Now, let me also bring to your attention regarding WeShoot. We have a number of things here happening at WeShoot that I want to bring to your attention. First of all, WeShoot is a great indoor range in Lakewood, and it’s easily accessed right from the Parkway. You can find them right on the web at weshootusa.com. Now what WeShoot is doing is they’re running a new webstore, offering extremely low and competitive prices. So, if you’re looking around for some great deals, they’re doing this to support the gun owner community and combat the recent fee hikes proposed by New Jersey. If you go to their webstore at weshootusa.com, you’ll find these great low and competitive prices. Plus, if you select in-store pickup, you can avoid transfer fees and shipping costs. That’s right. At WeShoot, there are no transfer fees if you select in-store pickup. The new webstore aims to help people who are impacted by rising prices and fees, and to encourage anyone discouraged by those increases to still get their guns and top quality gear. To celebrate this, from July 21 to July 28, they’re offering an additional 10% off all items, excluding gift cards, from their webstore. So, make sure you check out WeShoot. They’re offering these fantastic deals and discounts. You can get great guns and gear at great prices.

Evan Nappen 18:27
The other important thing, which we’ve talked about before and I want to let you know. there’s still some limited space available. So, you want to jump on this. Lieutenant Colonel Hartman, IDF Master Sniper, the guy who created the training program for the half million Israeli soldiers in the IDF. A guy that’s been there and done that for real. You know, he made the cover Soldier of Fortune for real. He will be live at WeShoot on August 9 in the morning, August 9. He’ll be there in person instructing, and you can attend that for free, as long as you buy his Elite Marksmanship Program system on the website. That Elite Marksmanship Program is amazing. It is instruction and video by Lieutenant Colonel Hartman. You’re going to learn things that you’re not going to learn anywhere else. He will be at WeShoot to personally instruct and teach how to implement the program. So, you’re going to get the program itself and then the personal instruction for free. You’ll get to meet this hero. His credentials are beyond reproach. He’s an amazing guy. So, if you’re interested in attending that, getting the Elite Marksmanship Program is really easy. You simply go to his website at wwwelitemarksman.com. We have the link right on our website here for the podcast as well. Purchase a program with a special for Gun Lawyer listeners. If you use the code all caps GUNLAWYER, one word all caps GUNLAWYER, you get an extra $100 off the Elite Marksmanship Program. Once you purchase the program, go to weshootusa.com, and register for the seminar under the training tab. Select the Sharpshooter’s Edge: Mastering Rifle Marksmanship with Lt. Col. Mikey Hartman. So, we’re going to need to get 100 people. That’s the max for this program. Like I said, there are a few places still available, but not many. So, make sure you jump on this great opportunity to get that top line training skills and meet Lieutenant Colonel Hartman personally. I know I’m looking forward to it. I will be there. I’ll also be speaking there as well. Don’t miss it.

Evan Nappen 21:36
I also want to remind you, as I know you are aware, at least you better be, that you need to be a member of the Association of New Jersey Rifle & Pistol Clubs. They, too, are a proud sponsor of Gun Lawyer, and I really do appreciate it. They are the number one gun rights defenders in New Jersey.

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They’re the ones litigating in federal court, as we speak, on all the bad gun laws that Jerseyans suffer under, like the assault firearm law, the large capacity magazine law, and the Carry Killer bill. Dealing with the Attorney General and getting all kinds of good things done. Helping our gun rights. Plus, they have a full time paid lobbyist down in Trenton keeping an eye on their shenanigans. You’ll get email alerts and the best newsletter on gun rights in the state. So, make sure you’re a member. Make sure you join the Association of New Jersey Rifle & Pistol Clubs. ANJRPC.com. anjrpc.com. The Association of New Jersey Rifle & Pistol Clubs. Be part of the solution. They’re the group. I belong, and I serve on the board. I help with the litigation and legal issues. I’m dedicated to the Association. You need to be a member. They are the number one group for Jersey, and it’s critical that you belong.

Evan Nappen 23:15
The other thing you really need to do if you haven’t done it already. Big suggestion. Make sure you buy my book. That’s right. It’s New Jersey Gun Law, the Bible of New Jersey gun law. It’s over 500 pages with 120 topics all in a question and answer format. It’s your guidebook through the dangerous matrix of New Jersey gun laws. You don’t want to be a GOFU. One of the best ways to avoid being a GOFU is to have that book. I wrote it to protect you. It’s used by the State Police Firearms Unit. It’s used by police and judges, attorneys and most importantly 1000s of gun owners throughout New Jersey. That’s who I wrote it for. It’s a labor of love. It’s now the 25th Anniversary Edition. When you get the book, scan the front cover and that will get you right to my subscriber database for free. I don’t sell it. I don’t distribute that database to anybody. But you will get updates from me if there are any changes in the law. You’ll be able to access the archives for all the updates, and you’ll be given notice of new updates, so the book stays current. Make sure you do that. If you want to get your copy today, just go to EvanNappen.com. That’s right www.EvanNappen.com. My name.com very easy. You’ll see the big orange book, click it to order it, and you’ll have it in a matter of days. You’ll be glad that you did it.

Evan Nappen 25:00
I love getting letters, and I’ve gotten some really great Ask Evan letters. These are so important because they are listeners with real questions and things that many of you may have wondered about yourself, just never gotten the time to ask. So, I have a letter here, and this is from Michael from Woodland Park. And what Michael says is kind of interesting, and we’ll go through his questions. Once again, I want to express my heartfelt gratitude to you, Evan, as a seminar attendee and long-time listener. Your presence and participation has always been a source of inspiration. Your emphasis on using the privileges granted us by the overlords running the People’s Republic of New Jersey and the transportation aspect is genuinely enlightening. It is my understanding that those with a permit to carry: number one, may have a loaded handgun on their person that is holstered and concealed when in a vehicle. Not be loaded in a holster or stored anywhere else in the vehicle including a purse or glove box, and must comply with the transportation exemption and rules.

Evan Nappen 26:23
So, basically, that is the story. If you have a Permit to Carry a handgun, the Carry Killer bill originally prohibited folks from carrying their loaded licensed handgun in a vehicle. That was won by the State Association, the Association of New Jersey Rifle & Pistol Clubs. Thanks to their litigation, this was stayed and actually enjoined so that it’s no longer effective in the law. You can carry your loaded, concealed handgun on your person in your vehicle. The law that was part of the Carry Killer bill, we

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called that the Carjacker Protection law when it originally came out, is no longer enforceable law. Thanks to the Association. However, you need to have your gun in the same manner that you would carry it outside the car, which is concealed loaded properly holstered on your person. Which is why, if you have a purse, you can’t have your gun in the purse and throw it on the back seat, that kind of a thing. You need to have it on your person. If you can, have the shoulder strap right over your shoulder, right there, directly next to you. Hopefully even touching your person if you’re carrying in a purse carry or fanny pack carry. We’ve discussed this before in the show. If you’re not carrying it in a proper way for concealed carry but instead are transporting it under the old exemptions, cased and unloaded, then it has to be just that – cased and unloaded. In the trunk if you have a trunk. You have to be going to specific places. From your home to the target range or from your home to hunting, if it’s appropriate for hunting, or from your home to your place of business, etc. You have to stay within those narrow exemptions and transport it accordingly.

Evan Nappen 28:30
Number two, they may have a loaded handgun on their person that is holstered and concealed within the vehicle. However, any range bag containing additional handguns may not be stored anywhere else in the vehicle unless they comply with the transportation exemption and rules. That is true. So, if you’re going to the range, then transport the other guns pursuant to the range transport, which is found by the way under N.J.S. 2C:39-6.f. for the range transportation. That’s where you can stay clearly within the exemption for the proper transport and then subsection g. of 39-6 is the mode of transport, which is unloaded, always unloaded, in either a closed and fastened case or in a gun box or locked in a trunk. That’s the proper way to do that.

Evan Nappen 29:31
Now number three, any handgun stored in a vehicle must be unloaded and stored using the transportation exemption. Yep, that is correct. Michael says, this is beyond insane because allowing a person to remove and secure the holster containing the weapon requires less manipulation then removing the handgun from the holster, removing the magazine, pulling the slide back, ejecting a round, capturing the round, placing the handgun into the lockbox, storing the ejected round, and storing the magazine. Perhaps more awkward, getting back in the vehicle, unlocking the box, removing the handgun, inserting the magazine, chambering a round, removing the magazine, topping of the magazine, inserting the magazine, then holstering the handgun.

Evan Nappen 30:12
Yes, this is the idiotic procedure that we have to go through if you’re going to be loading and unloading, especially when dealing with sensitive places because you have to secure it in a locked box. You want it locked and unloaded. This requires the continuous loading and unloading of the gun, which itself now forces you, in that confined space of a vehicle, to have to do this. This itself is now creating more unsafe conditions. So, the law does not enhance safety. It actually decreases safety. So much for the gun safety advocates that now require this absurdity. Mike goes on and says, perhaps the New Jersey State Police can produce a video showing how anyone could possibly do the above without being noticed to avoid some Karen calling 911 to report a person with a gun or some bad guy getting the idea of how to bypass purchase restrictions. I’d love to see it. And yes, I’ve had any number of cases where individuals are observed with their gun doing that very thing and the police get contacted. Of course,

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they’re legal. They’re allowed to do it. So, when you’re doing this, the idea is you have to do it very discreetly, on top of having to do all those manipulations. Again, less safe, more dangerous. Instead of just leaving it loaded untouched in the holster, which the law does not allow you to do at that sensitive place. You have to store your gun. It is as stupid as stupid gets, but that is New Jersey law, of course. New Jersey laws number one goal is to be stupid when it comes to guns, and they don’t fail here.

Evan Nappen 32:07
Mike goes on, using People’s Republic of New Jersey logic, if a person with a permit to carry left their home in the morning with a loaded and holstered handgun, with several tasks, including: one and two, dropping kids off at two different schools; three, stopping at a pharmacy; four, dropping off a property tax payment; five, taking a walk in the park; six, dropping off a library book; seven, dropping off some no longer needed clothing at a shelter; eight, picking up a friend at the airport; and nine and ten, picking up the kids from different schools. The question from Mike is, would that person strictly complying with all laws, rules, and regulations, with a permit to carry be expected to store their handgun in strict conformance with the transportation requirements between each and every errand? Or is being on the road between sensitive places allowed by the transportation exemption?

Evan Nappen 33:01
Mike, the answer is yes, that is exactly the absurdity. Frankly, someone should make a video just showing how stupid and dangerous it is. That every time you enter a sensitive place and park, you’re going to have to unload your gun and lock it. Meaning unholster it, reholster it. Each and every time you do that. It gets even more dangerous with the schools. Because not only are schools a sensitive place, but also there’s a separate prohibition under N.J.S. 2C:39-5.e. for educational facilities. This does not even allow you on the school property with your gun loaded or unloaded. So, you are going to have to park on the street to do that with the kids. It is as stupid as it gets. That hypothetical is really an excellent hypothetical that demonstrates the continuous having to handle that handgun in the vehicle over and over again, of loading and racking and unloading. It is unbelievably stupid, and it really needs to end. We need to win in the Carry Killer case. We have to get rid of these sensitive places. That’s just an abuse designed to limit our rights. Mike, thanks for the great letter and pointing out some very important problems that exist.

Evan Nappen 34:38
I have another letter, and this letter is from Lou. Lou says, hi Evan, my wife and I were listening to your podcast while driving back home from a long Fourth of July weekend in New England. That’s very nice. She came up with an interesting question and she wanted me to ask you. We both have New Jersey FID Cards, but all the firearms in my home were purchased / are owned by me. So, is it legal for my wife to transport my firearm? For example, we want to have a date night at the range. I leave work and drive directly to the range to meet her. She leaves our home with the firearms to meet me at the range. I understand that New Jersey gun law does not allow you to lend or borrow another individual’s firearms. Thank you for all you do . . . Lou.

Evan Nappen 35:24
Yeah, Lou, that’s a big problem. Your guns have to be transported by you, not her. If she’s going to transport them and that’s the plan, then you need to do Certificates of Eligibility to her before you leave

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for your long arms. So, now you’ve transferred them to her, and she can bring them to the range where you can then use them. Then if you want to get them back, she gets to do the paperwork back to you. Now, private sales normally require a dealer, but not with private sales to immediate family members. That also includes your spouse. So, you could actually do this paperwork back and forth twice to make that legal. But, if you’re not going to do that paperwork, then no, she can’t take your guns to the range. Only you can do that. Even though you both have New Jersey Firearms ID cards. Yep, it is just another absurdity under New Jersey law, if we want to talk about how the law technically works and applies. So, Lou, thanks for the great question.

Evan Nappen 36:23
This is from Ronald. Now Ronald asks an interesting question that doesn’t apply to him right now, and hopefully, it never applies to him or any of us. But it is an interesting thought. So, I want you to hear Ronald’s letter. He says, hi, Evan. My question revolves around homelessness. I am not homeless, nor do I plan to be. But life sometimes takes a turn for the worst. If I found myself living in my car, am I allowed to keep my gun in the car permanently? Would I be abiding by the law? Further, if I have to cross state lines for whatever reason, how can I go about doing that without breaking the law? Ronald, as much as the left bends over backwards for the homeless, as much as they want the homeless to set up tents anywhere they want and all that problem instead of addressing and really trying to help them, guess what? If you are homeless, you’ve lost your gun rights. That’s right. It’s that simple.

Evan Nappen 37:30
In New Jersey, you’re going to need a residence in order to get a Firearms ID Card, a pistol purchase permit, or a carry permit. You cannot get a license without having a residence. Now, let’s say you already somehow have this gun and you’re not looking to get a license. Well, how are you possessing the gun? There is no exemption for homelessness. The exemption under N.J.S. 2C:39-6.e. says possession in one’s home. If you’re homeless, if you don’t have a home, if you don’t have a residence, if you don’t have land owned or possessed by you, guess what? You don’t have an exemption for your possession, and you can’t get a license to possess it. If you had a carry permit, then you’re not restricted to having that loaded handgun on you only in your home. But you can’t get the carry permit unless you have a residence. They’re not going to issue it. Right on the application, what’s your residence? Homeless isn’t an answer that’s going to get accepted. So, the bottom line is if you’re homeless, you’re also Second Amendment deprived. They have disenfranchised in New Jersey the homeless from the Second Amendment. They are disenfranchise from gun rights. That’s right. So, look, it’s an interesting question because it shows this effect.

Evan Nappen 39:10
The issue that Jersey makes for homelessness, I think might be even ripe for a challenge. Because under Bruen when you look at text, history, and tradition, there was never a requirement in the past laws, you know, of the times that we have to look at from the founding of the Second Amendment, maybe up to the 1860s, where in order to have a gun, you had to have a home. Believe me, there were plenty of homeless throughout our history that had their rights not taken away from them. But that’s not how it stands now in Jersey. So, maybe some group that normally defends the homeless, like the ACLU, maybe they’ll step up for homeless gun rights. Yeah, that’ll be the day. That’ll be the day.

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Evan Nappen 40:05
So, what about this week’s very popular segment, the GOFU? What’s the GOFU for this week? Remember the GOFU is the Gun Owner Fuck Up in which I’m talking about actual cases, actual gun owners, who end up getting in trouble, having problems. They are expensive lessons they learned that you get to learn very, very reasonably. You get to learn them for free. So, this GOFU is about children and air guns. Keep in mind that in New Jersey, air guns, air pistols, air rifles, pellet rifles, etc., are firearms under New Jersey law. Airsoft is not a firearm. You know the ones that shoot the little six millimeter plastic pellets. But your traditional BB guns, lead pellet, alloy pellet, pellet firing rifles, .177 pellets, .22 cal pellet BB guns, traditional air guns, are firearms under New Jersey law. If you let your son or daughter have a BB gun, you know, like Christmas story, the ol’e Red Ryder and they go out, not under your direct supervision with that, well, that’s an unlawful transfer of a firearm made to your son or daughter. It was unlawful, and their possession of the air gun or BB gun is unlawful. Both you and your child can face New Jersey gun charges. That’s right. Firearm charges for a BB gun in New Jersey. So, don’t be that GOFU. If you’re going to take your kids shooting, make sure they’re under your direct supervision at all times and therefore under the exemption for that under N.J.S. 2C:58-6.1. That’s what allows it to happen. But if they’re not under your supervision, direct supervision, no guns, no air guns. Don’t let them keep their BB gun in their room, etc. None of that. You can’t do it in New Jersey. And if you do, you can have big problems that can escalate to everybody losing their gun rights, losing their guns and possibly losing your freedom by being imprisoned.

Evan Nappen 42:50
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 42:59
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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Downloadable PDF 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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