Go offline with the Player FM app!
Episode 196-The US Secret Service Could Not Get an NJ Carry Permit
Manage episode 431079020 series 2835731
Podcast Transcript
Gun Lawyer Episode 196
SUMMARY KEYWORDS
gun, new jersey, law, place, carry permit, shot, requirements, handgun, secret service, rifle, foo, program, guns, firearm, book, bolt action rifle, idf, gun laws, political assassinations, revolver
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I’m sure you’ve been watching the news and following closely. I know I have. All the developments on the attempted assassination of President Trump. Of course, there’s lots of commentary and a severe lack of information out there, and it just makes the conspiracy theories run wild. It gets you thinking about all kinds of things. But I do want to point out some things that are in my wheelhouse that I’ve noticed, and things that I think my listeners of Gun Lawyer would appreciate.
Evan Nappen 01:04
First of all, I’d like to state that it appears that the Secret Service would not qualify to get a New Jersey carry permit. Why am I saying that? Well, if you watched the video of the female Secret Service Agent who could not reholster her handgun, it was embarrassing, to say the least. I mean, folks, I can take my handgun in and out of my holster all day long without looking, and I bet you can too. The fact is that in order to get a carry permit in New Jersey under Murphy’s Carry Killer law, remember you had to have certain training and that training originated as the John Wick training standards. That’s what we called it. Then we were able to get out of the Attorney General an agreement that focused on core competency that we call CCARE. Now the CCARE standard, actually CCARE, people ask what does it mean? It stands for Civilian Carry Assessment and Range Evaluation. So, you need to have your CCARE certification. But what are the requirements for CCARE for any civilian gun owner in New Jersey who wishes a carry permit? Well, the CCARE requirements are actually quite simple, quite direct, and something that any competent shooter should be able to demonstrate, and we’ve discussed it on the show.
Evan Nappen 02:51
But I want to review for you some of the key requirements of CCARE that would disqualify that Secret Service Agent which we all can watch on YouTube, on Facebook, on TikTok, all over. Watch that clip of whoever that woman is whose name has not been disclosed, who cannot reholster her gun, and why is that something? Well, one of the requirements under CCARE, and you can go right to the State Police website to download the qualification that you have to meet for the course. (https://nj.gov/njsp/firearms/pdf/CCARE_Protocol.pdf) Under 4. Course, Subsection d., it says, “To achieve a passing score of 80%, the participant must place a minimum of 40 shots within the border of a Q target silhouette during the untimed course of fire. The participant must also demonstrate safe
Page – 1 – of 9
handling throughout, including safe loading, unloading, drawing, and re-holstering.” Re-holstering is a requirement of CCARE. If you watch the video, that Secret Service Agent would not pass. It further states that, “i. On command, from a secured and concealed holster position, draw and fire five rounds. Holster a safe, decocked, if applicable, weapon.” Aaannnnttt. Secret Service fail. Then you repeat the string of fire twice, firing a total of 10 rounds. Reload if required and holster a safe, decocked, if applicable, weapon. At the end of the course of fire, clear all weapons, and holster a safe and empty weapon.
Evan Nappen 04:53
Oh, boy. So much for Secret Service qualifying for a civilian carry permit under New Jersey’s requirements. New Jersey even goes further and says you can have a substantially equivalent course, and it describes what that is. Under 5. Substantially Equivalent Courses, subsection d., it says. “The participant must demonstrate safe holstering and unholstering . . . ” You’ve got to do both during the shooting course. “. . . which must include safely drawing the weapon from a secured holster before firing at each of the required distances and re-holstering after completing the round.” So, as you can see, stressed throughout the CCARE is a requirement that the Secret Service Agent could not accomplish. Heh, that’s a real confidence builder, when it comes to protecting those folks that they’re assigned to protect, isn’t it? Oh, my God! It’s absolutely embarrassing. Embarrassing and it is something that just removes the confidence and faith that we might have in those folks who are assigned that critical task of protection.
Evan Nappen 06:34
So, there you go, but it doesn’t end there with some of the fallout from the attempted assassination. And that’s because the Democrats, and that’s who it is, it’s always Democrats. The Democrats have to do their blood dance anytime. You know their motto – let no tragedy go to waste. They start their blood dance, and there it was, in the hearing with the head of the Secret Service. Are they questioning about what the Secret Service did? Where the failures were? What needs to be improved? Did they get any real information out of that Secret Service Director? No, but it was used to grandstand on gun control, quote an assault firearm ban. That’s right. Never miss the opportunity.
Evan Nappen 07:36
For example, the Maryland Democrat Jamie Raskin decided to make this about a promotion of banning so-called assault weapons. Assault weapons. He used an AR-15. Oh, my God. One of those dreaded black guns with only one purpose — to kill hundreds of people. And, man, if we just ban those ARS, we’ll stop political assassinations, right? This scourge is a problem. It wasn’t the Secret Service’s fault. It’s not the fault of the agencies there who failed to stop this shooter. Failed to keep President Trump off the stage when they knew about somebody suspicious. Just because they saw somebody with a rifle. Just because their communication sucked. Oh, no, no, no, no, no, no, no. It’s the AR-15, you see. And, of course, that’s how they have to push it. Even though according to FBIs own statistics, only 3% of all gun related homicides involve rifles of any kind, of any kind. But here what are we talking about? An attempted political assassination. So, hey, we must have quite a history of attempted and even successful political assassinations using semi-automatic rifles, right? So-called assault weapons, which are really nothing more than modern sporting rifles. But the antis never miss that opportunity to do their blood dance, to take advantage of the tragedy.
Page – 2 – of 9
Evan Nappen 09:45
Why don’t we take a little historical stroll through some of the most famous political assassinations and attempted assassinations? And let’s see what guns they used. Let’s start with a famous one. John F. Kennedy, right? The Kennedy Assassination. Lee Harvey Oswald. Now I know all the conspiracy theories, and we don’t have to get into grassy knolls and all that stuff. Basically, the understanding is that the bullet that killed Kennedy came from a bolt action rifle, an Italian Carcano of World War Two origin. Did you ever shoot a Carcano? I have Carcanos and let me just say something. I love Italian guns. Some of the finest shotguns, my Perazzi Italian shotgun is just magnificent craftsmanship. Berettas are just phenomenal guns. You look at all these wonderful Italian guns, and you can’t believe that they made the Carcano. Honestly, folks, it is one clunky bolt action rifle that I can’t imagine how that even came to be their gun. It is just not what you associate with fine Italian firearms. Let’s put it that way. That Carcano bolt action rifle is what Oswald allegedly used to get off three shots, which ended up killing President Kennedy. Not a semi-auto rifle.
Evan Nappen 11:36
How about Abraham Lincoln? What was Lincoln shot with? Was he shot with a semi auto? Was he even shot with a rifle by John Wilkes Booth? No. No, he was shot with a Deringer. Actually, the Deringer. The Henry Deringer of Deringers. The gun that’s named by the maker. Lincoln was shot in the head with a Deringer. Not a semi-auto. Not a rifle, but a handgun. A single shot, percussion, handgun. Okay, how about Martin Luther King? Martin Luther King was shot by James Earl Ray in 1968. Hey, there were lots of semi-auto rifles around in ’68, Carbines and M1 Garands. You name it, all out there. What was Martin Luther King assassinated with? A Remington 760 pump action .30-06. The classic deer rifle. That’s right. A classic deer rifle killed Martin Luther King.
Evan Nappen 12:46
Hey, let’s go way back to probably one of the most significant political assassinations in world history. That would be the Archduke Franz Ferdinand. He was shot by Gavrilo Princip, and what did Gavrilo shoot the Archduke with? Remember, this is the assassination that led to World War One, which itself led to World War Two. Was a semi-auto rifle used then in 1914? As a matter of fact, the date of that assassination is the exact date of this show, 90 years ago, June 28, 1914. What gun was used? A handgun. A FN Model 1910 in .380. That’s right. The handgun that essentially started World War One. How about Mahatma Ghandi? What was Gandhi shot with? He was shot with a Beretta, the Model 1934. The military handgun of the Italian Army. Germans even used some of them as well. It was a .380 handgun that killed Gandhi.
Evan Nappen 14:22
How about going back to America? Let’s look at some more President. How about President William McKinley? William McKinley was assassinated in 1901 by Leon Czolgosz. That’s right. Guess what Czolgosz shot and killed William McKinley with in Buffalo, New York, 1901? It led to Theodore Roosevelt becoming President. He used an Iver Johnson .32 revolver. That’s right. A .32 revolver handgun killed President William McKinley. What about President James Garfield? Garfield was shot by Charles Guiteau. He was hit twice by Guiteau. What did Guiteau use to assassinate President Garfield? Well, he used a Belgian made .44 caliber Bulldog revolver. I kid you not. A .44 Bulldog
Page – 3 – of 9
handgun, a revolver. How about a little more modern time? Well, how about Robert Kennedy? What was Robert Kennedy killed with? Well, Sirhan Sirhan shot him with an eight shot .22 Long Rifle Iver Johnson handgun. The Cadet model 55-A revolver. How about the attempted assassination of President Ronald Reagan? What did John Hinckley use? He used one of the cheapest revolvers ever made. A Rhom RG-14 .22 rimfire long rifle. The same caliber as Robert Kennedy’s assassin used. Do you know what Hinckley fired? He fired six shots out of a .22 revolver in 1.7 seconds. 1.7 seconds, six shots, .22.
Evan Nappen 16:39
When you look at any of the political assassinations or attempted political assassinations, guess what’s never been used before? A so-called assault firearm and never before an AR-15. But you see, the Democrats believe that this is the moment to demand an assault firearm ban because of the attempted assassination of President Trump. You know their propaganda. It just never ends. And it’s just so disgusting. Gun control, the last refuge of a scoundrel, and they are scoundrels. They just gaslight us and obscure and obstruct and divert. Man, it gets a little tiring at times, and I’m sure you’re tired of it as well.
Evan Nappen 17:40
Well, here’s something not to be tired about. And that is, there’s still time. There’s still a few more openings for you to meet me and, more importantly, Lieutenant Colonel Mikey Hartman at WeShoot on August 9. Lieutenant Colonel Hartman is the Master Sniper of the IDF. He created the entire firearms training program for the IDF. If you heard the show with Lieutenant Colonel Hartman, it was great. He’s going to be there in person. You’ll get to meet him, and he will be teaching from his amazing course of the Elite Marksmanship Program. Now, he put together this program, the Elite Marksmanship Program, and as Gun Lawyer listeners, you can take advantage of this event. If you go to www.elitemarksman.com and you use the code, GUNLAWYER, all caps GUNLAWYER, you get $100 off the amazing training program that he has there. It includes the official IDF targets, all the training, his amazing experience and instruction. He will be following up on that program at this event. So, if you purchase the program and use that promo code to save $100, you can come to this event for free. There’s no charge to meet and see him.
Evan Nappen 19:27
He’s going to be teaching how to implement the program. He’ll be answering questions. It’ll be teaching in the same way the IDF does it. So, if you don’t purchase the program, you won’t be able to attend the event. Make sure you sign up at elitemarksman.com. You can go to weshootusa.com. We Shoot is the fantastic range in Lakewood. Once you purchase the program at www.elitemarksman.com, you can register at weshootusa.com for the program event. Select the Sharpshooter’s Edge: Mastering Rifle Marksmanship with Lieutenant Colonel Mikey Hartman. We need to get at least 100 people to buy the program so he will do this free seminar. I believe we’re almost there. So, there’s still a chance for you to get in on this. This is a once in a lifetime opportunity. You’re going to get phenomenal training, and you’re going to meet a hero and a legend. And I’m not talking about me. I’m talking about him. So, check out weshootusa.com. WeShoot is a fantastic range, right there in Lakewood, New Jersey. You can get your training and where you can get CCARE and pass it, unlike the Secret Service. They’ll get
Page – 4 – of 9
you what you need to get your carry permit, continue your training and have a great resource of a great range in Lakewood, New Jersey.
Evan Nappen 21:00
Remember those CCARE requirements were done by negotiation and with fighting, in effect, fighting without fighting, by getting the Attorney General to get rid of the unbelievably difficult requirements that they had first promulgated. This was done through the Association of New Jersey Rifle & Pistol Clubs. I did help that take place so that we could get the core competency requirements and CCARE instead of the unbelievably difficult course that preceded it. And that was through the efforts of the Association of New Jersey Rifle & Pistol Clubs, a proud sponsor of this show. You need to be a member of the Association of New Jersey Rifle & Pistol Clubs. They fight for our rights. They’re the number one gun rights defender in New Jersey. It’s anjrpc.org. Join. You’ll be glad you did. You’re going to get email alerts about all the shenanigans taking place in Trenton, any changes to the law, updates on the litigation. They’re going at them in federal court. The state of New Jersey. They’re fighting, as we speak, for our right to have modern sporting rifles, to have standard capacity magazines, fighting the Carry Killer law and its idiotic sensitive places, creating victim disarmament zones. So, check out anjrpc.org and make sure you’re a member.
Evan Nappen 22:34
While you’re at it, get a copy of my book. This is where I shamelessly promote my book New Jersey Gun Law. It’s the Bible of New Jersey gun law. It’s over 500 pages with 120 topics all in a question and answer format. It is your handbook and guide through the ridiculous matrix of New Jersey gun laws. With that book, you can help keep yourself out of jail, out of trouble, and remain a law-abiding gun owner. Despite the efforts of New Jersey creating traps for you to fall into. You don’t want to become a GOFU, my friends. Don’t be a GOFU. One of the great ways to avoid GOFUs is to know the law and not make those mistakes. So, if you’d like to get your copy of the Bible of Jersey gun law, New Jersey Gun Law, by yours truly, go to EvanNappen.com. That’s right, EvanNappen.com. That’s my website. You’ll see the big orange book there, click it to order it, and you’ll have it in a matter of days. When you get the book, scan the front cover for that QR code, and it’ll send you right to the subscriber database for free. I do not distribute that list to anybody. You will get alerts for law changes, book updates and access to all the archives for any updates so that your book stays current. It stays current. It’s a labor of love. Get your copy of my book today and stay safe.
Evan Nappen 24:02
So, you know I looked at some great letters. I love the letters, the Ask Evan letters, and I got some really interesting questions that I want to talk about. Of course, the GOFU is at the end of the show that we all love. Before I even get to that, I just want to point out a little commentary here on a New Mexico judge. (https://www.thetruthaboutguns.com/nm-judge-uses-slavery-oppression-of-native-americans-to- justify-waiting-period/) This New Mexico judge has decided to use the prior law regarding, and we’re talking way, way back, prior laws where gun bans, we’re talking prior to the Civil War, banned slaves and Native Americans from having guns. They are using that to justify a modern day waiting period. Isn’t that wonderful? Don’t you love it when they rely on blatantly racist gun laws to help promote modern racist gun laws? Make sense, huh? That’s not exactly what the Bruen decision had in mind when talking about text, history and tradition of gun laws. But that just shows you how desperate they
Page – 5 – of 9
are. In order for a gun law to remain Constitutional, a modern gun law, you have to show a history of precedent, and it’s basically incredibly difficult for them to do it. They’re so damn desperate that a Federal judge in New Mexico is using the laws that prohibited slaves and laws against Native Americans from owning guns to justify it.
Evan Nappen 25:53
Now, of course, this argument is ridiculous. And this argument cannot fly. It fails to keep in mind that these laws, these racist laws of the past, were prior to the 13th and 14th Amendments. Prior to that. They want to use those laws to justify the modern laws that do the same thing just in a different bottle. It’s the same old wine but in a new bottle. That’s what’s going on. So, I look at this and go, man, it just demonstrates their desperation. But it is really astounding when you see the courts and the justice system relying on racist laws to justify current law. Yeah, it shows you how much they hate the Second Amendment. They hate it so much that they have abandoned their principles on fighting racism, to try to keep the law on the books. Astounding. But then again, there is no level low enough that they won’t go to it appears when it comes to trying to keep an anti-Second Amendment law still on the books.
Evan Nappen 27:21
Hey, I received a letter here, and this is from James. James has a pretty straightforward question. He says, regarding Motor Vehicle Inspection Facilities. Can I carry concealed with a New Jersey CCP? Oh, that’s a new one. Usually, it’s a CCW. A CCP is like something left over from Russia, maybe. I don’t know. But I believe you mean a carry permit, which we’ve call a PTC (Permit to Carry). While getting my car inspected? The answer is no, you can’t. Because if you’re getting your car inspected at a Government facility, then New Jersey makes that a sensitive place. However, if you’re getting it inspected at a private facility, well, that’s not a Government facility for the administration of Government there. A Government facility. So, I would advise you not to carry if you’re going through a State inspection station. But if it’s just a privately-owned car repair shop, etc. that’s open to the public, then that’s not a sensitive place. Thanks, Jamie, for a good question.
Evan Nappen 28:46
Christian writes and asks. Not sure if this is where people ask you questions that you answer on your podcast. But I have a question. Well, it is where you people ask. So, thank you. I own an AR-15, he’s talking some variant I’m sure, and would like to swap out the stock. The current stock was pinned at my local FFL when I bought my rifle. My question is, can I use a stock lock instead of drilling and pinning the new stock? The law says it cannot be an adjustable stock, but it doesn’t say it must be pinned. The modern stock locks make it so it’s not adjustable without a tool. I simply want to maintain the ability to make adjustments, which I don’t think is too much to ask for. It’s like having the car dealership weld your seat in place before you can drive the car.
Evan Nappen 29:32
Well, here’s the problem with any of this stuff. New Jersey’s so-called let’s say, “offending features” of the New Jersey Attorney General Opinion from 1996 interpreted the term “substantially identical”. Well, that telescoping stock is what’s listed there, and telescoping or adjustable, we’re going to get into big battles as to whether this stock qualifies or not. And although I could argue why it shouldn’t, the other side’s going to argue why it should. If it ends up at trial, the folks that are going to decide are going to
Page – 6 – of 9
be 12 people on a jury. Remember, those 12 people, who are not smart enough to avoid jury duty, are going to somehow have to figure out whether this gun is a problem or not. So, listen, just don’t go there. It’s not worth it. I understand. Until we get it declared unconstitutional, if you have a gun made compliant by the dealer, who sold it to you in New Jersey as a compliant gun, keep that paperwork and don’t modify it in any way. Because if that gun is ever called into question, you have the absolute fact and proof to demonstrate that you acquired it as compliant, made compliant by a dealer who’s licensed, a New Jersey retail dealer and FFL ,transferred you that gun. That’s going to be the biggest insurance policy to you not becoming another victim of New Jersey gun laws. So, I would advise not to mess around with that. Thanks for the great question.
Evan Nappen 31:32
Gavin writes, greetings, Evan. I enjoyed listening to Episode 193, “Storing Guns Outside Your Home”, but I wanted to find out the legality of a house of worship to have individual lockers for congregants to store firearms when they are attending services. We have people who walk to and from to attend services but are not part of our security team. Can we have lockers on site for them to use while they are on site? Okay, Gavin, let me explain here. The security team, if they’re SORA (Security Officer Registration Act), they get sensitive place exemption for the educational facility in a house of worship. But the general congregational part that’s open to the public is not a sensitive place. So, individuals who are going to the service and are in the public portion of the house of worship are allowed to carry concealed, loaded on their person with a carry permit. They’re allowed to carry their gun there. What they would not be allowed to do is actually lock them in lockers at this place, because there’s no exemption for that. But there is an exemption to have that loaded and concealed gun on their person. So, the last thing you want is lockers there. Now, if they have to secure their gun, then they want to do it by way of the car where they’re secured in their vehicle. If they don’t have a vehicle because they walk there, then they need to keep their gun concealed loaded on their person, but not go into a sensitive area on that property, which would be the educational section, like the school part of it. The general part is not a sensitive place. The carry permit would allow them to carry there because it’s open to the public, and it’s not a sensitive place. So, Gavin, I’m glad you sent that. Thanks. Very good question.
Evan Nappen 33:47
Now we have a question from Jeff. Jeff says Mr. Nappen. I’m hoping you’ll be able to answer this on your podcast. I received a jury notice. I’m a couple of months out, but I wanted to ask if this is a firearm related matter, am I able to use Heller, McDonald and Bruen doctrines of SCOTUS during deliberations, or am I subject to the People’s Republic of New Jersey rules? He’s a member of CNJFO, ANJRPC, GOA and NRA. I’m glad you’re a member of all those organizations, and it’s great that you belong to as many pro-gun rights organizations as you can belong to because they all do great work. But as far as your question goes, when it comes to jury duty, the rule is the judge tells you the law and you have to determine the facts. Once you’re deliberating though, in a jury, you deliberate as a juror, you can discuss whatever you wish to discuss. But the law is going to be given to you by the judge, and you’re supposed to determine the facts. You still can have your own viewpoint and your own opinion, that is for sure. But the law is given by the judge, and you determine the facts. That’s how it has to work.
Page – 7 – of 9
Evan Nappen 35:13
The problem I find is individuals that are, let’s just say pro-gun, that understand guns, that recognize the things we talk about all the time in the show. They get jury duty, and they gleefully let it be known what their position is on guns so they can get struck from the jury by anti-gun prosecutors. Please don’t do that. If you’re there as a juror, you tell the truth when questions are asked, and you serve honorably and improperly. But we need more folks that understand guns and understand the reality of firearms on juries and not to have them struck because of that. I’ve seen them try to use different techniques to try to isolate the pro-gun folks. They really can’t necessarily get away with saying, are you pro-gun? Are you anti-gun or are you pro-gun? But what they’ll say is, do you have any stickers on your car of any sort? Ah, you see, now they want to know your political views. But they ask it when asking jurors, what stickers might you have on your car? So, beware of having any stickers on your car that may, in one way or another, be found to be offensive to somebody. It’s quite a thing. But there are those efforts made to actually keep individuals that believe and understand the Second Amendment off juries. When it comes to the Constitutional aspects, well, discuss the whole case with the jurors should you be having to deliberate. Do it fairly. Do it honestly. That’s what jurors need to do.
Evan Nappen 37:18
Hey, let me tell you about this week’s GOFU. Remember, the GOFU, which is the Gun Owner Fuck Up, and I don’t want any of you to ever be a GOFU. The GOFU is a very expensive lesson learned by somebody else that you get to learn for free by listening to the show. This week’s GOFU, you know, these are real cases, actual things I’ve dealt with. And man, I just have to tell you. This is a classic GOFU, and I’ve seen it repeated before. Here we go. An individual is stopped for a seatbelt. Yes. A seatbelt. You know, the pretext. I mean, that’s really what the seatbelt law is all about. Did you think it’s really about being safe? Because there are a lot of arguments that sometimes wearing safety belts actually can cause you to have more injuries and death. And sometimes not. I mean, look, people should be able to choose, but in New Jersey, you can’t choose because the law says you have to wear your safety belt. I’m not going to get into a debate whether that is good or bad or not.
Evan Nappen 38:23
But I’ll tell you one thing. It’s used as a pretext to stop you and to give you a summons or to pull you over becomes that excuse to do that. A reason to do that. When that happens, anytime you’re pulled over, anytime you’re stopped, you now have the risk potential of becoming a victim of New Jersey gun laws. If there’s a gun in the car, if there’s a gun on your person, anything to do with firearms. Yep. Now that stops. So, the first thing you want to do if you’re stopped, of course, is cooperate. Show your credentials. You know, registration, insurance, and your driver’s license. You have to do that. It’s required. And remember, if you are carrying, there is a Duty to Disclose. We’ve reviewed that. You must immediately tell the officer that you have a handgun on your person, and you must immediately show your carry permit. All that’s true. But you do not have to consent to a search. So, don’t consent to searches.
Evan Nappen 39:35
The number one problem, number one thing, I see is consent to a search. Why consent to a search? Best case is nothing’s going to be found, and you’ll be exactly where you were if you didn’t consent to the search. But if you do consent to the search, now you’re allowing a fishing expedition to take place at
Page – 8 – of 9
your expense. Suddenly, the jacket found in the car that belonged to your son’s friend that you gave a ride to, had some contraband that you didn’t even know was there? Now, you’re going to have to deal with that. Or you thought you were in conformance with how you were transporting your firearm. But surprisingly, you weren’t. Because there was another gun in the car, who knows what? Why are you opening yourself up? Never consent. Why are you giving up your Fourth Amendment right? Why? Don’t do it. I can’t be any clearer than that. It’s your Fourth Amendment. Do not consent to searches.
Evan Nappen 40:41
Then to compound it, after something is found like that, then you are read Miranda, and you waive your Fifth Amendment. You waive your right to counsel, and you talk to them without an attorney. You shouldn’t be saying anything. And you’re doing it without an attorney? So, what just happened in that scenario? You gave up your Fourth Amendment right. You gave up your Fifth Amendment right. You gave up your Sixth Amendment right. And now you are in a position where you’re having to deal with something that maybe never even would have taken place. Maybe that arrest, that problem, that issue would never have taken place if you had simply stood on your rights. Or if it still took place, the fact that you did not waive your rights gives me the ability to raise the violation of your rights to help defend your case. Folks, the biggest GOFU, of all the GOFUs out there, is waiving your Constitutional rights. So, please, don’t do that. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 42:12
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.
Page – 9 – of 9
Downloadable PDF Transcript
About The Host
![Evan Bio Pic](https://gun.lawyer/wp-content/uploads/2020/10/Evan-Bio-Pic.png)
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.
Email Evan Your Comments and Questions
talkback@gun.lawyer
Join Evan’s InnerCircle
Here’s your chance to join an elite group of the Savviest gun and knife owners in America.
Membership is totally FREE and Strictly CONFIDENTIAL.
Just enter your email to start receiving insider news, tips, and other valuable membership benefits.
Email (required) *
First Name *
By submitting this form, you are consenting to receive marketing emails from: . You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
200 episodes
Manage episode 431079020 series 2835731
Podcast Transcript
Gun Lawyer Episode 196
SUMMARY KEYWORDS
gun, new jersey, law, place, carry permit, shot, requirements, handgun, secret service, rifle, foo, program, guns, firearm, book, bolt action rifle, idf, gun laws, political assassinations, revolver
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, I’m sure you’ve been watching the news and following closely. I know I have. All the developments on the attempted assassination of President Trump. Of course, there’s lots of commentary and a severe lack of information out there, and it just makes the conspiracy theories run wild. It gets you thinking about all kinds of things. But I do want to point out some things that are in my wheelhouse that I’ve noticed, and things that I think my listeners of Gun Lawyer would appreciate.
Evan Nappen 01:04
First of all, I’d like to state that it appears that the Secret Service would not qualify to get a New Jersey carry permit. Why am I saying that? Well, if you watched the video of the female Secret Service Agent who could not reholster her handgun, it was embarrassing, to say the least. I mean, folks, I can take my handgun in and out of my holster all day long without looking, and I bet you can too. The fact is that in order to get a carry permit in New Jersey under Murphy’s Carry Killer law, remember you had to have certain training and that training originated as the John Wick training standards. That’s what we called it. Then we were able to get out of the Attorney General an agreement that focused on core competency that we call CCARE. Now the CCARE standard, actually CCARE, people ask what does it mean? It stands for Civilian Carry Assessment and Range Evaluation. So, you need to have your CCARE certification. But what are the requirements for CCARE for any civilian gun owner in New Jersey who wishes a carry permit? Well, the CCARE requirements are actually quite simple, quite direct, and something that any competent shooter should be able to demonstrate, and we’ve discussed it on the show.
Evan Nappen 02:51
But I want to review for you some of the key requirements of CCARE that would disqualify that Secret Service Agent which we all can watch on YouTube, on Facebook, on TikTok, all over. Watch that clip of whoever that woman is whose name has not been disclosed, who cannot reholster her gun, and why is that something? Well, one of the requirements under CCARE, and you can go right to the State Police website to download the qualification that you have to meet for the course. (https://nj.gov/njsp/firearms/pdf/CCARE_Protocol.pdf) Under 4. Course, Subsection d., it says, “To achieve a passing score of 80%, the participant must place a minimum of 40 shots within the border of a Q target silhouette during the untimed course of fire. The participant must also demonstrate safe
Page – 1 – of 9
handling throughout, including safe loading, unloading, drawing, and re-holstering.” Re-holstering is a requirement of CCARE. If you watch the video, that Secret Service Agent would not pass. It further states that, “i. On command, from a secured and concealed holster position, draw and fire five rounds. Holster a safe, decocked, if applicable, weapon.” Aaannnnttt. Secret Service fail. Then you repeat the string of fire twice, firing a total of 10 rounds. Reload if required and holster a safe, decocked, if applicable, weapon. At the end of the course of fire, clear all weapons, and holster a safe and empty weapon.
Evan Nappen 04:53
Oh, boy. So much for Secret Service qualifying for a civilian carry permit under New Jersey’s requirements. New Jersey even goes further and says you can have a substantially equivalent course, and it describes what that is. Under 5. Substantially Equivalent Courses, subsection d., it says. “The participant must demonstrate safe holstering and unholstering . . . ” You’ve got to do both during the shooting course. “. . . which must include safely drawing the weapon from a secured holster before firing at each of the required distances and re-holstering after completing the round.” So, as you can see, stressed throughout the CCARE is a requirement that the Secret Service Agent could not accomplish. Heh, that’s a real confidence builder, when it comes to protecting those folks that they’re assigned to protect, isn’t it? Oh, my God! It’s absolutely embarrassing. Embarrassing and it is something that just removes the confidence and faith that we might have in those folks who are assigned that critical task of protection.
Evan Nappen 06:34
So, there you go, but it doesn’t end there with some of the fallout from the attempted assassination. And that’s because the Democrats, and that’s who it is, it’s always Democrats. The Democrats have to do their blood dance anytime. You know their motto – let no tragedy go to waste. They start their blood dance, and there it was, in the hearing with the head of the Secret Service. Are they questioning about what the Secret Service did? Where the failures were? What needs to be improved? Did they get any real information out of that Secret Service Director? No, but it was used to grandstand on gun control, quote an assault firearm ban. That’s right. Never miss the opportunity.
Evan Nappen 07:36
For example, the Maryland Democrat Jamie Raskin decided to make this about a promotion of banning so-called assault weapons. Assault weapons. He used an AR-15. Oh, my God. One of those dreaded black guns with only one purpose — to kill hundreds of people. And, man, if we just ban those ARS, we’ll stop political assassinations, right? This scourge is a problem. It wasn’t the Secret Service’s fault. It’s not the fault of the agencies there who failed to stop this shooter. Failed to keep President Trump off the stage when they knew about somebody suspicious. Just because they saw somebody with a rifle. Just because their communication sucked. Oh, no, no, no, no, no, no, no. It’s the AR-15, you see. And, of course, that’s how they have to push it. Even though according to FBIs own statistics, only 3% of all gun related homicides involve rifles of any kind, of any kind. But here what are we talking about? An attempted political assassination. So, hey, we must have quite a history of attempted and even successful political assassinations using semi-automatic rifles, right? So-called assault weapons, which are really nothing more than modern sporting rifles. But the antis never miss that opportunity to do their blood dance, to take advantage of the tragedy.
Page – 2 – of 9
Evan Nappen 09:45
Why don’t we take a little historical stroll through some of the most famous political assassinations and attempted assassinations? And let’s see what guns they used. Let’s start with a famous one. John F. Kennedy, right? The Kennedy Assassination. Lee Harvey Oswald. Now I know all the conspiracy theories, and we don’t have to get into grassy knolls and all that stuff. Basically, the understanding is that the bullet that killed Kennedy came from a bolt action rifle, an Italian Carcano of World War Two origin. Did you ever shoot a Carcano? I have Carcanos and let me just say something. I love Italian guns. Some of the finest shotguns, my Perazzi Italian shotgun is just magnificent craftsmanship. Berettas are just phenomenal guns. You look at all these wonderful Italian guns, and you can’t believe that they made the Carcano. Honestly, folks, it is one clunky bolt action rifle that I can’t imagine how that even came to be their gun. It is just not what you associate with fine Italian firearms. Let’s put it that way. That Carcano bolt action rifle is what Oswald allegedly used to get off three shots, which ended up killing President Kennedy. Not a semi-auto rifle.
Evan Nappen 11:36
How about Abraham Lincoln? What was Lincoln shot with? Was he shot with a semi auto? Was he even shot with a rifle by John Wilkes Booth? No. No, he was shot with a Deringer. Actually, the Deringer. The Henry Deringer of Deringers. The gun that’s named by the maker. Lincoln was shot in the head with a Deringer. Not a semi-auto. Not a rifle, but a handgun. A single shot, percussion, handgun. Okay, how about Martin Luther King? Martin Luther King was shot by James Earl Ray in 1968. Hey, there were lots of semi-auto rifles around in ’68, Carbines and M1 Garands. You name it, all out there. What was Martin Luther King assassinated with? A Remington 760 pump action .30-06. The classic deer rifle. That’s right. A classic deer rifle killed Martin Luther King.
Evan Nappen 12:46
Hey, let’s go way back to probably one of the most significant political assassinations in world history. That would be the Archduke Franz Ferdinand. He was shot by Gavrilo Princip, and what did Gavrilo shoot the Archduke with? Remember, this is the assassination that led to World War One, which itself led to World War Two. Was a semi-auto rifle used then in 1914? As a matter of fact, the date of that assassination is the exact date of this show, 90 years ago, June 28, 1914. What gun was used? A handgun. A FN Model 1910 in .380. That’s right. The handgun that essentially started World War One. How about Mahatma Ghandi? What was Gandhi shot with? He was shot with a Beretta, the Model 1934. The military handgun of the Italian Army. Germans even used some of them as well. It was a .380 handgun that killed Gandhi.
Evan Nappen 14:22
How about going back to America? Let’s look at some more President. How about President William McKinley? William McKinley was assassinated in 1901 by Leon Czolgosz. That’s right. Guess what Czolgosz shot and killed William McKinley with in Buffalo, New York, 1901? It led to Theodore Roosevelt becoming President. He used an Iver Johnson .32 revolver. That’s right. A .32 revolver handgun killed President William McKinley. What about President James Garfield? Garfield was shot by Charles Guiteau. He was hit twice by Guiteau. What did Guiteau use to assassinate President Garfield? Well, he used a Belgian made .44 caliber Bulldog revolver. I kid you not. A .44 Bulldog
Page – 3 – of 9
handgun, a revolver. How about a little more modern time? Well, how about Robert Kennedy? What was Robert Kennedy killed with? Well, Sirhan Sirhan shot him with an eight shot .22 Long Rifle Iver Johnson handgun. The Cadet model 55-A revolver. How about the attempted assassination of President Ronald Reagan? What did John Hinckley use? He used one of the cheapest revolvers ever made. A Rhom RG-14 .22 rimfire long rifle. The same caliber as Robert Kennedy’s assassin used. Do you know what Hinckley fired? He fired six shots out of a .22 revolver in 1.7 seconds. 1.7 seconds, six shots, .22.
Evan Nappen 16:39
When you look at any of the political assassinations or attempted political assassinations, guess what’s never been used before? A so-called assault firearm and never before an AR-15. But you see, the Democrats believe that this is the moment to demand an assault firearm ban because of the attempted assassination of President Trump. You know their propaganda. It just never ends. And it’s just so disgusting. Gun control, the last refuge of a scoundrel, and they are scoundrels. They just gaslight us and obscure and obstruct and divert. Man, it gets a little tiring at times, and I’m sure you’re tired of it as well.
Evan Nappen 17:40
Well, here’s something not to be tired about. And that is, there’s still time. There’s still a few more openings for you to meet me and, more importantly, Lieutenant Colonel Mikey Hartman at WeShoot on August 9. Lieutenant Colonel Hartman is the Master Sniper of the IDF. He created the entire firearms training program for the IDF. If you heard the show with Lieutenant Colonel Hartman, it was great. He’s going to be there in person. You’ll get to meet him, and he will be teaching from his amazing course of the Elite Marksmanship Program. Now, he put together this program, the Elite Marksmanship Program, and as Gun Lawyer listeners, you can take advantage of this event. If you go to www.elitemarksman.com and you use the code, GUNLAWYER, all caps GUNLAWYER, you get $100 off the amazing training program that he has there. It includes the official IDF targets, all the training, his amazing experience and instruction. He will be following up on that program at this event. So, if you purchase the program and use that promo code to save $100, you can come to this event for free. There’s no charge to meet and see him.
Evan Nappen 19:27
He’s going to be teaching how to implement the program. He’ll be answering questions. It’ll be teaching in the same way the IDF does it. So, if you don’t purchase the program, you won’t be able to attend the event. Make sure you sign up at elitemarksman.com. You can go to weshootusa.com. We Shoot is the fantastic range in Lakewood. Once you purchase the program at www.elitemarksman.com, you can register at weshootusa.com for the program event. Select the Sharpshooter’s Edge: Mastering Rifle Marksmanship with Lieutenant Colonel Mikey Hartman. We need to get at least 100 people to buy the program so he will do this free seminar. I believe we’re almost there. So, there’s still a chance for you to get in on this. This is a once in a lifetime opportunity. You’re going to get phenomenal training, and you’re going to meet a hero and a legend. And I’m not talking about me. I’m talking about him. So, check out weshootusa.com. WeShoot is a fantastic range, right there in Lakewood, New Jersey. You can get your training and where you can get CCARE and pass it, unlike the Secret Service. They’ll get
Page – 4 – of 9
you what you need to get your carry permit, continue your training and have a great resource of a great range in Lakewood, New Jersey.
Evan Nappen 21:00
Remember those CCARE requirements were done by negotiation and with fighting, in effect, fighting without fighting, by getting the Attorney General to get rid of the unbelievably difficult requirements that they had first promulgated. This was done through the Association of New Jersey Rifle & Pistol Clubs. I did help that take place so that we could get the core competency requirements and CCARE instead of the unbelievably difficult course that preceded it. And that was through the efforts of the Association of New Jersey Rifle & Pistol Clubs, a proud sponsor of this show. You need to be a member of the Association of New Jersey Rifle & Pistol Clubs. They fight for our rights. They’re the number one gun rights defender in New Jersey. It’s anjrpc.org. Join. You’ll be glad you did. You’re going to get email alerts about all the shenanigans taking place in Trenton, any changes to the law, updates on the litigation. They’re going at them in federal court. The state of New Jersey. They’re fighting, as we speak, for our right to have modern sporting rifles, to have standard capacity magazines, fighting the Carry Killer law and its idiotic sensitive places, creating victim disarmament zones. So, check out anjrpc.org and make sure you’re a member.
Evan Nappen 22:34
While you’re at it, get a copy of my book. This is where I shamelessly promote my book New Jersey Gun Law. It’s the Bible of New Jersey gun law. It’s over 500 pages with 120 topics all in a question and answer format. It is your handbook and guide through the ridiculous matrix of New Jersey gun laws. With that book, you can help keep yourself out of jail, out of trouble, and remain a law-abiding gun owner. Despite the efforts of New Jersey creating traps for you to fall into. You don’t want to become a GOFU, my friends. Don’t be a GOFU. One of the great ways to avoid GOFUs is to know the law and not make those mistakes. So, if you’d like to get your copy of the Bible of Jersey gun law, New Jersey Gun Law, by yours truly, go to EvanNappen.com. That’s right, EvanNappen.com. That’s my website. You’ll see the big orange book there, click it to order it, and you’ll have it in a matter of days. When you get the book, scan the front cover for that QR code, and it’ll send you right to the subscriber database for free. I do not distribute that list to anybody. You will get alerts for law changes, book updates and access to all the archives for any updates so that your book stays current. It stays current. It’s a labor of love. Get your copy of my book today and stay safe.
Evan Nappen 24:02
So, you know I looked at some great letters. I love the letters, the Ask Evan letters, and I got some really interesting questions that I want to talk about. Of course, the GOFU is at the end of the show that we all love. Before I even get to that, I just want to point out a little commentary here on a New Mexico judge. (https://www.thetruthaboutguns.com/nm-judge-uses-slavery-oppression-of-native-americans-to- justify-waiting-period/) This New Mexico judge has decided to use the prior law regarding, and we’re talking way, way back, prior laws where gun bans, we’re talking prior to the Civil War, banned slaves and Native Americans from having guns. They are using that to justify a modern day waiting period. Isn’t that wonderful? Don’t you love it when they rely on blatantly racist gun laws to help promote modern racist gun laws? Make sense, huh? That’s not exactly what the Bruen decision had in mind when talking about text, history and tradition of gun laws. But that just shows you how desperate they
Page – 5 – of 9
are. In order for a gun law to remain Constitutional, a modern gun law, you have to show a history of precedent, and it’s basically incredibly difficult for them to do it. They’re so damn desperate that a Federal judge in New Mexico is using the laws that prohibited slaves and laws against Native Americans from owning guns to justify it.
Evan Nappen 25:53
Now, of course, this argument is ridiculous. And this argument cannot fly. It fails to keep in mind that these laws, these racist laws of the past, were prior to the 13th and 14th Amendments. Prior to that. They want to use those laws to justify the modern laws that do the same thing just in a different bottle. It’s the same old wine but in a new bottle. That’s what’s going on. So, I look at this and go, man, it just demonstrates their desperation. But it is really astounding when you see the courts and the justice system relying on racist laws to justify current law. Yeah, it shows you how much they hate the Second Amendment. They hate it so much that they have abandoned their principles on fighting racism, to try to keep the law on the books. Astounding. But then again, there is no level low enough that they won’t go to it appears when it comes to trying to keep an anti-Second Amendment law still on the books.
Evan Nappen 27:21
Hey, I received a letter here, and this is from James. James has a pretty straightforward question. He says, regarding Motor Vehicle Inspection Facilities. Can I carry concealed with a New Jersey CCP? Oh, that’s a new one. Usually, it’s a CCW. A CCP is like something left over from Russia, maybe. I don’t know. But I believe you mean a carry permit, which we’ve call a PTC (Permit to Carry). While getting my car inspected? The answer is no, you can’t. Because if you’re getting your car inspected at a Government facility, then New Jersey makes that a sensitive place. However, if you’re getting it inspected at a private facility, well, that’s not a Government facility for the administration of Government there. A Government facility. So, I would advise you not to carry if you’re going through a State inspection station. But if it’s just a privately-owned car repair shop, etc. that’s open to the public, then that’s not a sensitive place. Thanks, Jamie, for a good question.
Evan Nappen 28:46
Christian writes and asks. Not sure if this is where people ask you questions that you answer on your podcast. But I have a question. Well, it is where you people ask. So, thank you. I own an AR-15, he’s talking some variant I’m sure, and would like to swap out the stock. The current stock was pinned at my local FFL when I bought my rifle. My question is, can I use a stock lock instead of drilling and pinning the new stock? The law says it cannot be an adjustable stock, but it doesn’t say it must be pinned. The modern stock locks make it so it’s not adjustable without a tool. I simply want to maintain the ability to make adjustments, which I don’t think is too much to ask for. It’s like having the car dealership weld your seat in place before you can drive the car.
Evan Nappen 29:32
Well, here’s the problem with any of this stuff. New Jersey’s so-called let’s say, “offending features” of the New Jersey Attorney General Opinion from 1996 interpreted the term “substantially identical”. Well, that telescoping stock is what’s listed there, and telescoping or adjustable, we’re going to get into big battles as to whether this stock qualifies or not. And although I could argue why it shouldn’t, the other side’s going to argue why it should. If it ends up at trial, the folks that are going to decide are going to
Page – 6 – of 9
be 12 people on a jury. Remember, those 12 people, who are not smart enough to avoid jury duty, are going to somehow have to figure out whether this gun is a problem or not. So, listen, just don’t go there. It’s not worth it. I understand. Until we get it declared unconstitutional, if you have a gun made compliant by the dealer, who sold it to you in New Jersey as a compliant gun, keep that paperwork and don’t modify it in any way. Because if that gun is ever called into question, you have the absolute fact and proof to demonstrate that you acquired it as compliant, made compliant by a dealer who’s licensed, a New Jersey retail dealer and FFL ,transferred you that gun. That’s going to be the biggest insurance policy to you not becoming another victim of New Jersey gun laws. So, I would advise not to mess around with that. Thanks for the great question.
Evan Nappen 31:32
Gavin writes, greetings, Evan. I enjoyed listening to Episode 193, “Storing Guns Outside Your Home”, but I wanted to find out the legality of a house of worship to have individual lockers for congregants to store firearms when they are attending services. We have people who walk to and from to attend services but are not part of our security team. Can we have lockers on site for them to use while they are on site? Okay, Gavin, let me explain here. The security team, if they’re SORA (Security Officer Registration Act), they get sensitive place exemption for the educational facility in a house of worship. But the general congregational part that’s open to the public is not a sensitive place. So, individuals who are going to the service and are in the public portion of the house of worship are allowed to carry concealed, loaded on their person with a carry permit. They’re allowed to carry their gun there. What they would not be allowed to do is actually lock them in lockers at this place, because there’s no exemption for that. But there is an exemption to have that loaded and concealed gun on their person. So, the last thing you want is lockers there. Now, if they have to secure their gun, then they want to do it by way of the car where they’re secured in their vehicle. If they don’t have a vehicle because they walk there, then they need to keep their gun concealed loaded on their person, but not go into a sensitive area on that property, which would be the educational section, like the school part of it. The general part is not a sensitive place. The carry permit would allow them to carry there because it’s open to the public, and it’s not a sensitive place. So, Gavin, I’m glad you sent that. Thanks. Very good question.
Evan Nappen 33:47
Now we have a question from Jeff. Jeff says Mr. Nappen. I’m hoping you’ll be able to answer this on your podcast. I received a jury notice. I’m a couple of months out, but I wanted to ask if this is a firearm related matter, am I able to use Heller, McDonald and Bruen doctrines of SCOTUS during deliberations, or am I subject to the People’s Republic of New Jersey rules? He’s a member of CNJFO, ANJRPC, GOA and NRA. I’m glad you’re a member of all those organizations, and it’s great that you belong to as many pro-gun rights organizations as you can belong to because they all do great work. But as far as your question goes, when it comes to jury duty, the rule is the judge tells you the law and you have to determine the facts. Once you’re deliberating though, in a jury, you deliberate as a juror, you can discuss whatever you wish to discuss. But the law is going to be given to you by the judge, and you’re supposed to determine the facts. You still can have your own viewpoint and your own opinion, that is for sure. But the law is given by the judge, and you determine the facts. That’s how it has to work.
Page – 7 – of 9
Evan Nappen 35:13
The problem I find is individuals that are, let’s just say pro-gun, that understand guns, that recognize the things we talk about all the time in the show. They get jury duty, and they gleefully let it be known what their position is on guns so they can get struck from the jury by anti-gun prosecutors. Please don’t do that. If you’re there as a juror, you tell the truth when questions are asked, and you serve honorably and improperly. But we need more folks that understand guns and understand the reality of firearms on juries and not to have them struck because of that. I’ve seen them try to use different techniques to try to isolate the pro-gun folks. They really can’t necessarily get away with saying, are you pro-gun? Are you anti-gun or are you pro-gun? But what they’ll say is, do you have any stickers on your car of any sort? Ah, you see, now they want to know your political views. But they ask it when asking jurors, what stickers might you have on your car? So, beware of having any stickers on your car that may, in one way or another, be found to be offensive to somebody. It’s quite a thing. But there are those efforts made to actually keep individuals that believe and understand the Second Amendment off juries. When it comes to the Constitutional aspects, well, discuss the whole case with the jurors should you be having to deliberate. Do it fairly. Do it honestly. That’s what jurors need to do.
Evan Nappen 37:18
Hey, let me tell you about this week’s GOFU. Remember, the GOFU, which is the Gun Owner Fuck Up, and I don’t want any of you to ever be a GOFU. The GOFU is a very expensive lesson learned by somebody else that you get to learn for free by listening to the show. This week’s GOFU, you know, these are real cases, actual things I’ve dealt with. And man, I just have to tell you. This is a classic GOFU, and I’ve seen it repeated before. Here we go. An individual is stopped for a seatbelt. Yes. A seatbelt. You know, the pretext. I mean, that’s really what the seatbelt law is all about. Did you think it’s really about being safe? Because there are a lot of arguments that sometimes wearing safety belts actually can cause you to have more injuries and death. And sometimes not. I mean, look, people should be able to choose, but in New Jersey, you can’t choose because the law says you have to wear your safety belt. I’m not going to get into a debate whether that is good or bad or not.
Evan Nappen 38:23
But I’ll tell you one thing. It’s used as a pretext to stop you and to give you a summons or to pull you over becomes that excuse to do that. A reason to do that. When that happens, anytime you’re pulled over, anytime you’re stopped, you now have the risk potential of becoming a victim of New Jersey gun laws. If there’s a gun in the car, if there’s a gun on your person, anything to do with firearms. Yep. Now that stops. So, the first thing you want to do if you’re stopped, of course, is cooperate. Show your credentials. You know, registration, insurance, and your driver’s license. You have to do that. It’s required. And remember, if you are carrying, there is a Duty to Disclose. We’ve reviewed that. You must immediately tell the officer that you have a handgun on your person, and you must immediately show your carry permit. All that’s true. But you do not have to consent to a search. So, don’t consent to searches.
Evan Nappen 39:35
The number one problem, number one thing, I see is consent to a search. Why consent to a search? Best case is nothing’s going to be found, and you’ll be exactly where you were if you didn’t consent to the search. But if you do consent to the search, now you’re allowing a fishing expedition to take place at
Page – 8 – of 9
your expense. Suddenly, the jacket found in the car that belonged to your son’s friend that you gave a ride to, had some contraband that you didn’t even know was there? Now, you’re going to have to deal with that. Or you thought you were in conformance with how you were transporting your firearm. But surprisingly, you weren’t. Because there was another gun in the car, who knows what? Why are you opening yourself up? Never consent. Why are you giving up your Fourth Amendment right? Why? Don’t do it. I can’t be any clearer than that. It’s your Fourth Amendment. Do not consent to searches.
Evan Nappen 40:41
Then to compound it, after something is found like that, then you are read Miranda, and you waive your Fifth Amendment. You waive your right to counsel, and you talk to them without an attorney. You shouldn’t be saying anything. And you’re doing it without an attorney? So, what just happened in that scenario? You gave up your Fourth Amendment right. You gave up your Fifth Amendment right. You gave up your Sixth Amendment right. And now you are in a position where you’re having to deal with something that maybe never even would have taken place. Maybe that arrest, that problem, that issue would never have taken place if you had simply stood on your rights. Or if it still took place, the fact that you did not waive your rights gives me the ability to raise the violation of your rights to help defend your case. Folks, the biggest GOFU, of all the GOFUs out there, is waiving your Constitutional rights. So, please, don’t do that. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 42:12
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.
Page – 9 – of 9
Downloadable PDF Transcript
About The Host
![Evan Bio Pic](https://gun.lawyer/wp-content/uploads/2020/10/Evan-Bio-Pic.png)
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.
Email Evan Your Comments and Questions
talkback@gun.lawyer
Join Evan’s InnerCircle
Here’s your chance to join an elite group of the Savviest gun and knife owners in America.
Membership is totally FREE and Strictly CONFIDENTIAL.
Just enter your email to start receiving insider news, tips, and other valuable membership benefits.
Email (required) *
First Name *
By submitting this form, you are consenting to receive marketing emails from: . You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
200 episodes
All episodes
×Welcome to Player FM!
Player FM is scanning the web for high-quality podcasts for you to enjoy right now. It's the best podcast app and works on Android, iPhone, and the web. Signup to sync subscriptions across devices.