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Episode 198-When Your Lawyer Sucks

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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 198-When Your Lawyer Sucks

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Podcast Transcript

Gun Lawyer Episode 198

Gun Lawyer — Episode 198 Transcript

SUMMARY KEYWORDS

court, due process, gun, case, lawyer, great, firearms, permit, denial, carry, state, dismissed, law, healthcare facility, lieutenant colonel, judge, hearing, petitioner, denied, raised

SPEAKERS

Speaker 3, Louis Nappen, Evan Nappen

Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, today I have a guest on the show. One of my favorite guests to have on the show is my brother, Louis Nappen. Hi, Lou.

Louis Nappen 00:30 Hi. We meet again.

Evan Nappen 00:32
Yes. Lou, as many of you know, is also a gun lawyer. He works with me at the law firm, and Lou just had a nice win in the Appellate Division. This case is very interesting. There are some great lessons to learn here, some great takeaways, and we want to lay out for you what happened in this case. Now this case is called “In Re Application of A.J.J. for a Permit to Carry a handgun pursuant to N.J.S.A. 2C:58- 4.” That’s the actual title of the case. You can actually go online. If you go to our website with a transcript, we’ll have a link to the case if you want to see the actual case. (https://www.njcourts.gov/system/files/court-opinions/2024/a0493-22.pdf)

Evan Nappen 01:26
Louis, why don’t you lay out what happened here, some facts, and we’ll talk about the decision and what this case stands for. The takeaway, which in itself, is really this week’s GOFU. But go ahead.

Louis Nappen 01:42
Well, it is, and it isn’t. Yeah, it is, and it isn’t. Now, first off, I once again win for having a long title, a long caption for a case. Every time I seem to have the longest captions for cases in terms of what they’re titled. But this case is an interesting case from my point of view that I want to educate your audience a little bit about. Two things. One, due process. Due process. You hear that thrown around a lot. It’s in the Fifth Amendment. You always hear about the Fifth Amendment with other things. Due process essentially means that they can’t take away your life, liberty and property without due process. And what does that mean? Essentially, under the law, it means notice of what the issue is and opportunity to be heard. That’s your Fifth Amendment right in the federal context. Then they applied it also to the States under the 14th.

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Evan Nappen 02:39
So, there’s really fundamental fairness, right?

Louis Nappen 02:44
That’s right. Fundamental fairness is that they’re not going to have a full out hearing without knowing why you’re there, and then you have an opportunity to present your case. That’s the two aspects of that.

Evan Nappen 02:57
Right. And this, of course, is important when you’re dealing with hearings over licenses. Hearings for anything, even in criminal justice or in all the things we deal with all the time. Weapon forfeitures and what have you. In this case.

Louis Nappen 03:17
Anything, anytime you are in court.

Evan Nappen 03:18
In this case, what happened to AJJ?

Louis Nappen 03:23
Yeah, then there’s the second aspect of this which we’ll get into, which is, I think, equally important. It’s about effective assistance of counsel. So, let me tell you about AJJ here. Our firm did not handle this case at the trial level, at the Superior Court. And what happened is he was approved for a Permit to Carry from Patterson, I believe it was. The police chief approved him. But this case goes back to when it was the two part scenario. First you get approval or disapproval of the application.

Evan Nappen 04:04
Yes, this was the old law before the Carry Killer law, which got rid of judges. This is also a good example of why that was such a great idea to get rid of judges.

Louis Nappen 04:17
Correct. This really shows it. So, he was approved by the police chief, and then it went up to the Superior Court. Actually, the Assignment Judge of the Superior Court, one of the higher judges there. AJJ was calling up saying, I was told it was sent up. Where’s my carry permit? Because they were the issuing authority at that time. They said the judge wants to discuss with you regarding your permit. You know, that kind of a thing.

Evan Nappen 04:50
Okay, let me just say this. Anytime the court wants to talk to you, make sure you go there with a lawyer who knows what they’re doing. Do not walk into the lion’s den without an attorney. Period. But more than that, which this case is going to show, and you’ll get into it, your lawyer has to know what they’re doing. Go ahead.

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Louis Nappen 05:13
So, what’s interesting is, as you just said, AJJ is a listener of your show, and he heard you say, don’t go to court on a gun thing without a lawyer. Unfortunately, he didn’t hire us. He did hire a different attorney.

Evan Nappen 05:27 That’s a GOFU right there.

Louis Nappen 05:28
There’s a GOFU. So, he hired someone else. This is right from the decision. You’ll love this. In terms of the opinion, they put it in there. On August 29, 2022, the Petitioner appeared for a hearing before the trial court. When counsel entered an appearance for Petitioner, counsel told the court, and believe me, this was in my brief, exactly what happened in the transcript. “I happen to be on the sixth floor today, and they just assigned this to me.”

Louis Nappen 05:57
So, this council, I guess, his office just told him, you have this case. He comes down and says to the court, I’m here now. I just got assigned this case, and the state wasn’t even there. The state wasn’t there. No prosecutor was there. Now you didn’t have to have a prosecutor because they didn’t object to this application. Because this was going up on an approval. Okay, so a little bit about, a little background about AJJ here. So, he has multiple traffic violations. They made it out that he had many more than what I believe he had. The way that the system, when you get your readout of traffic. Now I didn’t represent them, and I would need to see all that.

Evan Nappen 06:46
Yeah, but this was not raised in the court below. None of it was raised. The guy just got assigned it. He walks in there, he walks in there, and it was already approved below. But what happens?

Louis Nappen 07:00
So, the court tells him, now let me say this. He has no juvenile delinquency issues, no convictions. He never had firearms seized from him before. No alcohol or mental health issues. He had all of his references, as I said, he got approved by the police chief. He’s there thinking, okay, the judge wants to maybe give me the hairy eyeball and approve this, and just say here’s your permit. No. So he’s there, and the court asks him if he’s received, asks the attorney if he received a copy of the state’s objection to the application. Counsel replied, no, I didn’t get that. The state had not provided the Petitioner with a copy of an objection. So, then the court provided him with the state’s objection letter. Meanwhile, the state wasn’t even present at the time. The court paused the proceeding for seven minutes so that he could see the objection.

Evan Nappen 08:04
Wait a minute. He was given an entire seven minutes to review the objection?

Louis Nappen 08:09 Right.

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Evan Nappen 08:10
That way, he had seven minutes to prepare defenses, research the law, talk to the client

Louis Nappen 08:17
Do you know how hard it is to talk in a confident manner in the court?

Evan Nappen 08:21
Seven whole minutes to do that, huh? Wow.

Louis Nappen 08:22
When the court resumed, counsel told the court he talked to him because he saw that he had a lot of tickets, but that he had paid them. He hadn’t had any tickets for many, for many years.

Evan Nappen 08:38
And his license wasn’t suspended.

Louis Nappen 08:41
No, his driver’s license was good.

Evan Nappen 08:44
He’s able to drive around town in a guided missile we call a car, but somehow, this is a problem. Go ahead.

Louis Nappen 08:49
So, the court asked the clerk for Petitioner’s drivers abstract and proceeded to go through his driver history. The hearing itself lasted 15 minutes, which includes the seven minute pause. So, eight minutes of hearing, the court then says, I find that in the interest of public health, safety, welfare, you should not be issued this carry permit. Now, remember, he already has a permit to purchase and a Firearms ID card. He got a handgun. He already has that, and he was approved by his police chief. By the way, they do not even ask about traffic on your application. There’s not a question on the form that says, do you have any traffic violations or DWI? Even DWI. They’re not asked.

Evan Nappen 09:41
You know they can do a full investigation.

Louis Nappen 09:44 Right.

Evan Nappen 09:44 But it’s not even asked.

Louis Nappen 09:46
Correct. It’s not even there. Then it says the fact that he had so many traffic tickets raises significant questions to his ability to comply with society’s rules and regs. Okay, he did also have some dismissed.

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Dismissed. So, in other words, he never had a hearing on them, or he did have a hearing and they were found unfounded. Dismissed restraining orders. Not final restraining orders, just temporary, and they got dismissed.

Evan Nappen 10:18
Now, remember, a temporary restraining order is done ex parte where one person just says whatever they’re going to say. And there’s no due process.

Evan Nappen 10:29
Not with the initial hearing.

Louis Nappen 10:29 None.

Louis Nappen 10:30 Right. You’re not there.

Evan Nappen 10:33
You’re not even there. And those got dismissed. They’re not a disqualifier at all.

Louis Nappen 10:39
Nothing. And they don’t have to be. Dismissed temporary restraining orders don’t have to be mentioned or even raised on the application. But that, in the court’s view, raised serious concerns regarding Petitioner’s ability to safely handle and use a handgun. I don’t know how that correlates, but that’s what they found. He was denied based on his driving history and the fact that he had dismissed TROs. Bingo, bango, done. He didn’t even know that this was a concern that the state had raised when he walked in, and he had all of 15 minutes, including a seven minute pause.

Evan Nappen 11:18
How did you win this appeal?

Louis Nappen 11:19
Okay, well, on appeal, as I normally do, I raised six points.

Evan Nappen 11:26
Well don’t go through them all. Just what was it that the court did? The main thing the appellate court did. What did the appellate court agree with you on?

Louis Nappen 11:33
That he did not receive due process, and that due process should have been afforded him. And I’m happy to say, was based on, was because of, I love that in my brief, I got to do this, citing my case before the Supreme Court that says you must provide due process by giving and telling an applicant if the court intends to deny this permit. You must inform him of the reasons why before the hearing and must provide an opportunity for him to explain.

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Evan Nappen 12:08
So, that case was the Carlton case, right?

Louis Nappen 12:13 Correct.

Evan Nappen 12:13
And that went all the way to the New Jersey Supreme Court.

Louis Nappen 12:18 That one did.

Evan Nappen 12:18
And that was a unanimous seven judge decision in the State of New Jersey. Imagine this, folks. Imagine this. A unanimous New Jersey Supreme Court found in favor of gun rights. Yeah, unanimously that even on gun permit hearings, we get due process. And Lou, you’re the guy that won that case and established that through our firm. You won it.

Evan Nappen 12:20
I like to say interestingly about it.

Evan Nappen 12:46
Again, you used it here to get this victory.

Louis Nappen 13:02
Correct. And what’s interesting about that, of course, is the statute doesn’t say you get that due process. The statute says you only get due process if you’re denied by your police chief. So, that is not due process. If you’re approved by your police chief but the court intends to deny it, you still get the due process of notice and opportunity to be heard. So, I raised, in addition to the due process aspect, of course, ineffective assistance of counsel, which I do not lightly raise. I believe in professional courtesy. Let lawyers handle their cases the way that they believe is the best way to handle it. I would have handled this differently and certainly would have said, I need more time to discuss this. Let’s adjourn this to another day so I can have the proper opportunity to review this with my client, at the very least. We shouldn’t have trial by surprise. We just shouldn’t.

Evan Nappen 13:58 Absolutely not. Trial by ambush.

Louis Nappen 14:00 Yeah, that’s right.

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Evan Nappen 14:02
You have a right to due process and to be able to have enough time to prepare. None of that was here. The Court recognized it as so fundamental a violation. And what is the outcome? What was the outcome?

Louis Nappen 14:18
So, the Appellate Court said that it was vacated. First off, they vacated it. The decision of that court was vacated. Done. It’s no longer the decision. And remanded. Now, interestingly, they remanded it back to the court where it came from, but that judge is no longer on the bench due to retirement. I don’t really have too much. This judge did this one wrong. I don’t hate this particular judge. I don’t have any ill will against this particular judge overall. I’m not going to name names, but in this particular case, I think he did wrong. Somebody could have a bad day and do something wrong.

Evan Nappen 14:57
The court seemed to agree with you and sent it back. But that means that the judge’s denial is reversed. So, now our client does not have a denial on his record.

Louis Nappen 15:12
That’s right, yeah. He would have to mention it every time.

Evan Nappen 15:16
For the rest of his life. Then they’d use it against him.

Louis Nappen 15:19
Especially in conjunction with, if you falsify, if you fail to mention it, you would be denied a permit because of that bright line rule that they did saying any false representation. You know that kind of thing if you know about it. They just say because you failed to mention a prior denial. But every application is looked at as new. So, it doesn’t make sense to me in that sense. But so be it. So, the bottom line.

Evan Nappen 15:42
Now we’re going to go back to the court and get this done properly.

Louis Nappen 15:46 Correct. It’s remanded.

Evan Nappen 15:50
That’s right. That’s what we need to do. To make sure that his rights to due process are vigorously enforced throughout because that’s the only way we do it.

Louis Nappen 16:00
And also, something else about our libertarian values here. In terms of one of my points that I raised, which the Court recognized, even though this was just about him having a bunch of traffic tickets and alleged dismissed TROs, temporary restraining orders, you’ll notice the name. The name of the case is AJJ. I made sure that his privacy was protected, and the Court recognized that as well, and named the

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court with initials. Nobody needs to know this guy had that in his history. It doesn’t need to be out there about him. But at the same time, he’s helping others by cases like this being published and fighting and not letting a denial stand.

Evan Nappen 16:38
Right and it’s instructive to others. It’s also instructive to other judges not to do this kind of thing. And remember, even though the law has changed to the new law, where the only time you’re going to go to court is if you’re denied, but on those denials, we still need vigorous due process so that we can fight to get your license if you are denied. The anti-gunners have put these vague things into the disqualifier. Such as public health, safety, welfare based on character and temperament, where they can look at your social media and things that you may have said. So, these become battlegrounds where you may have denials, and the fight needs to take place. Because the same criteria now to be approved for a carry license under 58-3 is the same criteria for an FID Card and a pistol purchase permit. So, if you get denied any one of those license, it can escalate to the revocation of the other licenses. Then they throw in taking your guns and trying to run a forfeiture. You’ve had great success on fighting those. So, this whole thing can escalate.

Louis Nappen 18:05
Whether you constitute some sort of danger, some sort of danger, and you get an extreme risk protection because of it, or something.

Evan Nappen 18:11 Exactly, yeah, exactly.

Louis Nappen 18:13
It’s very crazy. Well, there is an aspect to this I’d like to just mention. I think it was funny that on appeal, the state raised this. There is a little brief paragraph that’s in the decision that I did get a chuckle out of. It says we disagree with the states. This is we, meaning the court, the court disagrees with the state’s contention that Petitioner was accorded due process because the court paused the hearing so counsel and Petitioner could review the letter. In other words, we disagree that those seven minutes were enough. It says that did not cure the lack of opportunity for Petitioner to prepare for the court’s questioning on the particular objections and review any documents or provide documents on his own behalf. And that’s the key. But look how the state fought that saying, oh no, he had his seven minutes. What are you talking about?

Evan Nappen 19:04 Seven minutes, right?

Louis Nappen 19:07
You had your seven minutes with your attorney. But you didn’t have a chance to go home and find documents proving you paid those tickets.

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Evan Nappen 19:13
It’s crazy. Well, another win, another victory for you and the firm. We’re very proud of that. You did a great job. The client is very happy, and the fight continues.

Evan Nappen 19:28
Oh, yeah, I want to tell everyone about the WeShoot seminar with Lieutenant Hartman. Lieutenant Colonel Hartman. As you may know, this is really cool, the original live seminar has been put off because Lieutenant Colonel Harmon is actually going to be teaching at an actual range. Teaching the course with live rifle fire. You will be able to train and be trained by Lieutenant Colonel Hartman, who is, of course, the Master Sniper with the IDF. He created the entire firearms training program for the IDF. This man is an amazing guy, and they are going to announce shortly the new date for that. You can get his course, which I strongly suggest you get. It’s online, and then you can get that enhanced by going for the live seminar, which will be free as part of the course. You can find it at elitemarksman.com. If you put the promo code in GUNLAWYER, all caps, you get $100 off just for being a listener the show. Don’t forget the GUNLAWYER code. It’s elitemarksman.com.

Evan Nappen 20:59
You can go to WeShoot, to their website, weshootusa.com, for more information about this and for the updates. It’s very exciting. I’ll be there. I’m looking forward to it. It’s going to be great. And it’s so much better that we’re actually going to have actual training on the range by Lieutenant Colonel Hartman. You definitely don’t want to miss that. WeShoot is an indoor range in Lakewood. It is a fantastic place. It’s where I shoot. It’s where my brother, Lou, shoots, and where we both got our certificates. So, we got our carry out of WeShoot. So did my son and so many others. And you can too. We shot, we shot. We shot at WeShoot. And you can shoot at WeShoot. Go to weshootusa.com. Go visit them right there, easily, right off the Parkway. It’s a great resource and a great place. They’ll be able to take care of you there. No problem.

Evan Nappen 22:07
Now, last week, we talked about the victory on the AR-15 being found unconstitutional as it being banned. That fight is ongoing. That’s through our great Association, the Association of New Jersey Rifle & Pistol Clubs. They’re litigating the large capacity magazine ban and the Carry Killer bill with all the ridiculous sensitive places. They want to keep you as a victim instead of a defender. They’re going at the other unconstitutional and outrageous provisions of the law that was passed in a big hissy fit by the other side after the Bruen decision. The Association of New Jersey Rifle & Pistol Clubs is on it and fighting. You need to be a member of your state Association. It’s the umbrella organization of gun clubs throughout New Jersey, and you can be an individual member. You should. You’ll get informed by email of the latest laws that they may be trying to pass, and actions you can take to help fight it. You’ll be helping in the litigation. You get a newsletter sent to you. The top gun rights newsletter in New Jersey. So, go to ANJRPC.org and join the Association of New Jersey Rifle & Pistol Clubs. If you have my book, right on the back cover, is a big ad for the Association. It’s right there. There’s a reason I put it on the back cover. It’s that important. You need to be a member.

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Evan Nappen 23:44
It’s also important that you have my book. If you don’t have that book, New Jersey Gun Law, the Bible of New Jersey gun law that I wrote for you. It is my labor of love. It’s the 25th Anniversary Edition with over 120 topics explained in a question and answer format. The actual laws are also there in the back, so that you can actually almost understand New Jersey gun law when you have that book. It will help you tremendously. It’s used by the State Police Firearms Division. It’s used by lawyers and judges and most importantly, gun owners like you and me throughout the state. So, get your copy. Go to EvanNappen.com. That’s my website. EvanNappen.com. You’ll see the big orange book there. Order it. You’ll have it in a matter of days. When you get the book, scan the front cover, scan that QR code, subscribe for free to my database, right there. I keep it private. I never distribute it. You will get updates from me, and you’ll know when the laws are changed. Any updates to the book. You get access to the archive of any of the updates that we’ve done so your book stays current.

Evan Nappen 24:58
Hey, I want to mention some interesting things that I’ve seen. You know, I end up looking at all the different aggregate websites of gun information. I’m constantly consuming these articles and such. When I see things that I find interesting, I always want to share them with you. There was an interesting article by Jennifer Sensiba, and it was called, “Why You Might See Swastikas At A Gun Show.” (https://www.thetruthaboutguns.com/why-you-might-see-swastikas-at-a-gun-show/)

Evan Nappen 25:35
I really think that it’s great that this article is out there, and I have a link to it on the website. The point that she’s making is an important one. The reason is not because of gun owners being Nazis, which is how the other side wants to portray it, but it’s about history. There are so many great collectible military from all different countries, all different wars. This is an area, and what the other side is trying to do is shut down an understanding of history. We cannot let that happen. You know, just because you may have a piece of military from the Third Reich doesn’t mean you support them at all. You may have something from the Vietnam War that was Chinese communist. It doesn’t mean you support them. You may have something from any adversary at any time. It is not that you subscribe to their political beliefs. As a matter of fact, I don’t subscribe to those political beliefs at all, but I love history. I love learning and understanding so that we don’t repeat it. By shutting it down and shutting it out, by making it taboo, it’s exactly what we should not do. As the other side tries to control our thoughts, control our speech, and rewrite history, we can’t let that happen. We’ve got to know history, understand it, the good and the bad. It’s critical. So, that’s why, hey, you might see a swastika at a gun show, and it is nothing to do with having any type of support for that political philosophy. It’s the opposite. You know, when our boys came back from fighting the war, they brought back war trophies, souvenirs that they took from the enemy. It’s a source of pride. That’s the same thing today. These are the equivalent of drinking from the skulls of your enemy, right? You have this stuff. They were defeated. It is history, and it stands for the victory. So, keep that in mind. It’s a very interesting article that you may want to check out on that topic.

Evan Nappen 28:09
Now, I received a letter. I love the letters that I get, and I appreciate when listeners send them. This is from Ken regarding selling firearms. Ken says, Evan, is it still legal to sell your firearms through an FFL

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with a NICS check to other individuals? I heard some stuff that they were trying to keep people from selling their firearms or severely limiting you in doing so.

Evan Nappen 28:36
The answer that is, yes, you can. You’re required to. If you’re going to sell a firearm, you have to go through a dealer. The only exception for a private sale is to your immediate family members. If it’s not to an immediate family member, then it has to go through an FFL. But it’s perfectly legal, and that, in fact, is the path for doing it by. You have to go through an FFL. It’s the legal method required unless it’s an immediate family member. But even if it is an immediate family member, you still have to do the paperwork. You just don’t have to go through a dealer. You need a Firearms ID card and Certificate of Eligibility on a long arm, or a pistol purchase permit for any handgun, etc. You still have to do the paper for the family member. You just don’t have to go through a dealer. But with anybody else, it has to go through a dealer. Thanks for your question. Ken.

Evan Nappen 29:37
Now, this letter is from David. David says regarding more fun with New Jersey’s crazy laws. Hi Evan, thanks for all the great content. Well, my pleasure. In my community, it’s not uncommon for people to have a small synagogue in some room of their home, and I’d like to understand how New Jersey’s crazy carry laws apply to the following complex setup. My neighbor’s home has a sun porch with an independent entrance from the side yard. Every Friday night, neighbors gather there for Sabbath services. The side door is unlocked, and the sun porch is, “open to the public”, in a sense that just like a stand-alone synagogue, there’s no requirement for membership or sign up or invitation to come to Sabbath services. Just walk in.

Evan Nappen 30:29
So, right away, if we’re looking at the private property exemption, then the sensitive place private property exemption makes it clear that if it’s private property, but it’s open to the public, then that’s not a sensitive place where it becomes prohibited. So, here being open to the public, it is okay. There is no sensitive place on houses of worship. House of worship is not a stand-alone sensitive place anyway. So, if it’s open to the public and it’s a house of worship, they’re not sensitive places. They’re not restricted so you don’t have a problem.

Evan Nappen 31:12
Then he goes on and says, to make it more interesting, my neighbor’s wife is a physical therapist, and her office is accessible from the garage entrance. If you walked from the sun porch to the den, you could then enter a physical therapy office, which is presumably a healthcare facility where carry is prohibited. If it matters, the facility is closed on the Sabbath and has by-appointment-only office hours. Can a PTC holder carry into a synagogue sunroom as a public place, or is the neighbor’s permission required? Does the attached physical therapy office matter?

Evan Nappen 31:45
As long as you are not going in the healthcare facility part, then that doesn’t make the other part a problem. Of course, it still could be a legal issue whether a physical therapist is, in fact, a healthcare facility. But just to err on the side of caution and assume it is, just do not go into the healthcare facility

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portion, because that’s how the sensitive places work. So, for example, you can’t carry at a dispensary, but if you go in, meaning a pharmacy, but if you go into CVS, as long as you don’t go to the pharmacy part, you’re okay. If you go into a mall and there’s a school in the mall, you can go in the mall, but not in the school part. So, this is the key and that’s how it works here on this complex issue. So, open to the public. No problem. Now, if you happen to get permission as well to carry, well, that’s even double coverage if it was ever claimed to be private property. Because private property, if you get the permission, that’s good too. But this is open to the public. So, in reality, the permission is not required under the sensitive place law.

Evan Nappen 33:09
There’s another letter on a similar basis from Michael regarding PTC to private school. He says, I have a PTC, and I own a trade school. I was told I cannot carry at my business because it is a school and furthermore, the landlord would have to allow if I was able to. So, is that accurate? Well, if the trade school is your place of business, then there is the place of business exemption under 39-6 that exempts the sensitive place right out of the box. Since it’s a place of business that you own, you’re exempted to carry at your place of business. Under the sensitive places, the school, if you have permission from the person who’s in charge, which is you, because you also own it, you’re okay there. So, you can carry in your place of business. I would assume and hope that you have some proof that it’s your place of business, maybe a lease, or other thing, that it is your place of business and such. But then, you fall under that exemption for the place of business, and that’s how it works.

Evan Nappen 34:32
Okay, this week’s GOFU. This week’s GOFU is a wraparound back to what we discussed at the beginning of the show. The GOFU is to make sure you have a gun lawyer when you’re dealing with a gun matter. Unfortunately, what AJJ had to go through here is because this attorney obviously didn’t know what they were doing, wasn’t prepared and went into this.

Louis Nappen 35:03
Where they didn’t object. Didn’t object.

Evan Nappen 35:08
Didn’t have a good objection. Talk about a GOFU. That’s the GOFU. So, make sure whatever legal subject you’re dealing with, that your lawyer knows that subject and is briefed, is immersed, and understands your case and is there, guarding and protecting your rights and standing up for your rights. Not just your Second Amendment rights, but your due process rights, to make sure there’s fundamental fairness in those hearings. Because without it, it can have dire ramifications. It can ruin your reputation. It can have escalation of further denials, etc. There’s a lot of consequences for that GOFU. Make sure your lawyer knows what they’re doing. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. And, Lou, thanks for coming on the show.

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Speaker 3 36:20
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.

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Episode 198-When Your Lawyer Sucks

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Episode 198-When Your Lawyer Sucks

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Podcast Transcript

Gun Lawyer Episode 198

Gun Lawyer — Episode 198 Transcript

SUMMARY KEYWORDS

court, due process, gun, case, lawyer, great, firearms, permit, denial, carry, state, dismissed, law, healthcare facility, lieutenant colonel, judge, hearing, petitioner, denied, raised

SPEAKERS

Speaker 3, Louis Nappen, Evan Nappen

Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, today I have a guest on the show. One of my favorite guests to have on the show is my brother, Louis Nappen. Hi, Lou.

Louis Nappen 00:30 Hi. We meet again.

Evan Nappen 00:32
Yes. Lou, as many of you know, is also a gun lawyer. He works with me at the law firm, and Lou just had a nice win in the Appellate Division. This case is very interesting. There are some great lessons to learn here, some great takeaways, and we want to lay out for you what happened in this case. Now this case is called “In Re Application of A.J.J. for a Permit to Carry a handgun pursuant to N.J.S.A. 2C:58- 4.” That’s the actual title of the case. You can actually go online. If you go to our website with a transcript, we’ll have a link to the case if you want to see the actual case. (https://www.njcourts.gov/system/files/court-opinions/2024/a0493-22.pdf)

Evan Nappen 01:26
Louis, why don’t you lay out what happened here, some facts, and we’ll talk about the decision and what this case stands for. The takeaway, which in itself, is really this week’s GOFU. But go ahead.

Louis Nappen 01:42
Well, it is, and it isn’t. Yeah, it is, and it isn’t. Now, first off, I once again win for having a long title, a long caption for a case. Every time I seem to have the longest captions for cases in terms of what they’re titled. But this case is an interesting case from my point of view that I want to educate your audience a little bit about. Two things. One, due process. Due process. You hear that thrown around a lot. It’s in the Fifth Amendment. You always hear about the Fifth Amendment with other things. Due process essentially means that they can’t take away your life, liberty and property without due process. And what does that mean? Essentially, under the law, it means notice of what the issue is and opportunity to be heard. That’s your Fifth Amendment right in the federal context. Then they applied it also to the States under the 14th.

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Evan Nappen 02:39
So, there’s really fundamental fairness, right?

Louis Nappen 02:44
That’s right. Fundamental fairness is that they’re not going to have a full out hearing without knowing why you’re there, and then you have an opportunity to present your case. That’s the two aspects of that.

Evan Nappen 02:57
Right. And this, of course, is important when you’re dealing with hearings over licenses. Hearings for anything, even in criminal justice or in all the things we deal with all the time. Weapon forfeitures and what have you. In this case.

Louis Nappen 03:17
Anything, anytime you are in court.

Evan Nappen 03:18
In this case, what happened to AJJ?

Louis Nappen 03:23
Yeah, then there’s the second aspect of this which we’ll get into, which is, I think, equally important. It’s about effective assistance of counsel. So, let me tell you about AJJ here. Our firm did not handle this case at the trial level, at the Superior Court. And what happened is he was approved for a Permit to Carry from Patterson, I believe it was. The police chief approved him. But this case goes back to when it was the two part scenario. First you get approval or disapproval of the application.

Evan Nappen 04:04
Yes, this was the old law before the Carry Killer law, which got rid of judges. This is also a good example of why that was such a great idea to get rid of judges.

Louis Nappen 04:17
Correct. This really shows it. So, he was approved by the police chief, and then it went up to the Superior Court. Actually, the Assignment Judge of the Superior Court, one of the higher judges there. AJJ was calling up saying, I was told it was sent up. Where’s my carry permit? Because they were the issuing authority at that time. They said the judge wants to discuss with you regarding your permit. You know, that kind of a thing.

Evan Nappen 04:50
Okay, let me just say this. Anytime the court wants to talk to you, make sure you go there with a lawyer who knows what they’re doing. Do not walk into the lion’s den without an attorney. Period. But more than that, which this case is going to show, and you’ll get into it, your lawyer has to know what they’re doing. Go ahead.

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Louis Nappen 05:13
So, what’s interesting is, as you just said, AJJ is a listener of your show, and he heard you say, don’t go to court on a gun thing without a lawyer. Unfortunately, he didn’t hire us. He did hire a different attorney.

Evan Nappen 05:27 That’s a GOFU right there.

Louis Nappen 05:28
There’s a GOFU. So, he hired someone else. This is right from the decision. You’ll love this. In terms of the opinion, they put it in there. On August 29, 2022, the Petitioner appeared for a hearing before the trial court. When counsel entered an appearance for Petitioner, counsel told the court, and believe me, this was in my brief, exactly what happened in the transcript. “I happen to be on the sixth floor today, and they just assigned this to me.”

Louis Nappen 05:57
So, this council, I guess, his office just told him, you have this case. He comes down and says to the court, I’m here now. I just got assigned this case, and the state wasn’t even there. The state wasn’t there. No prosecutor was there. Now you didn’t have to have a prosecutor because they didn’t object to this application. Because this was going up on an approval. Okay, so a little bit about, a little background about AJJ here. So, he has multiple traffic violations. They made it out that he had many more than what I believe he had. The way that the system, when you get your readout of traffic. Now I didn’t represent them, and I would need to see all that.

Evan Nappen 06:46
Yeah, but this was not raised in the court below. None of it was raised. The guy just got assigned it. He walks in there, he walks in there, and it was already approved below. But what happens?

Louis Nappen 07:00
So, the court tells him, now let me say this. He has no juvenile delinquency issues, no convictions. He never had firearms seized from him before. No alcohol or mental health issues. He had all of his references, as I said, he got approved by the police chief. He’s there thinking, okay, the judge wants to maybe give me the hairy eyeball and approve this, and just say here’s your permit. No. So he’s there, and the court asks him if he’s received, asks the attorney if he received a copy of the state’s objection to the application. Counsel replied, no, I didn’t get that. The state had not provided the Petitioner with a copy of an objection. So, then the court provided him with the state’s objection letter. Meanwhile, the state wasn’t even present at the time. The court paused the proceeding for seven minutes so that he could see the objection.

Evan Nappen 08:04
Wait a minute. He was given an entire seven minutes to review the objection?

Louis Nappen 08:09 Right.

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Evan Nappen 08:10
That way, he had seven minutes to prepare defenses, research the law, talk to the client

Louis Nappen 08:17
Do you know how hard it is to talk in a confident manner in the court?

Evan Nappen 08:21
Seven whole minutes to do that, huh? Wow.

Louis Nappen 08:22
When the court resumed, counsel told the court he talked to him because he saw that he had a lot of tickets, but that he had paid them. He hadn’t had any tickets for many, for many years.

Evan Nappen 08:38
And his license wasn’t suspended.

Louis Nappen 08:41
No, his driver’s license was good.

Evan Nappen 08:44
He’s able to drive around town in a guided missile we call a car, but somehow, this is a problem. Go ahead.

Louis Nappen 08:49
So, the court asked the clerk for Petitioner’s drivers abstract and proceeded to go through his driver history. The hearing itself lasted 15 minutes, which includes the seven minute pause. So, eight minutes of hearing, the court then says, I find that in the interest of public health, safety, welfare, you should not be issued this carry permit. Now, remember, he already has a permit to purchase and a Firearms ID card. He got a handgun. He already has that, and he was approved by his police chief. By the way, they do not even ask about traffic on your application. There’s not a question on the form that says, do you have any traffic violations or DWI? Even DWI. They’re not asked.

Evan Nappen 09:41
You know they can do a full investigation.

Louis Nappen 09:44 Right.

Evan Nappen 09:44 But it’s not even asked.

Louis Nappen 09:46
Correct. It’s not even there. Then it says the fact that he had so many traffic tickets raises significant questions to his ability to comply with society’s rules and regs. Okay, he did also have some dismissed.

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Dismissed. So, in other words, he never had a hearing on them, or he did have a hearing and they were found unfounded. Dismissed restraining orders. Not final restraining orders, just temporary, and they got dismissed.

Evan Nappen 10:18
Now, remember, a temporary restraining order is done ex parte where one person just says whatever they’re going to say. And there’s no due process.

Evan Nappen 10:29
Not with the initial hearing.

Louis Nappen 10:29 None.

Louis Nappen 10:30 Right. You’re not there.

Evan Nappen 10:33
You’re not even there. And those got dismissed. They’re not a disqualifier at all.

Louis Nappen 10:39
Nothing. And they don’t have to be. Dismissed temporary restraining orders don’t have to be mentioned or even raised on the application. But that, in the court’s view, raised serious concerns regarding Petitioner’s ability to safely handle and use a handgun. I don’t know how that correlates, but that’s what they found. He was denied based on his driving history and the fact that he had dismissed TROs. Bingo, bango, done. He didn’t even know that this was a concern that the state had raised when he walked in, and he had all of 15 minutes, including a seven minute pause.

Evan Nappen 11:18
How did you win this appeal?

Louis Nappen 11:19
Okay, well, on appeal, as I normally do, I raised six points.

Evan Nappen 11:26
Well don’t go through them all. Just what was it that the court did? The main thing the appellate court did. What did the appellate court agree with you on?

Louis Nappen 11:33
That he did not receive due process, and that due process should have been afforded him. And I’m happy to say, was based on, was because of, I love that in my brief, I got to do this, citing my case before the Supreme Court that says you must provide due process by giving and telling an applicant if the court intends to deny this permit. You must inform him of the reasons why before the hearing and must provide an opportunity for him to explain.

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Evan Nappen 12:08
So, that case was the Carlton case, right?

Louis Nappen 12:13 Correct.

Evan Nappen 12:13
And that went all the way to the New Jersey Supreme Court.

Louis Nappen 12:18 That one did.

Evan Nappen 12:18
And that was a unanimous seven judge decision in the State of New Jersey. Imagine this, folks. Imagine this. A unanimous New Jersey Supreme Court found in favor of gun rights. Yeah, unanimously that even on gun permit hearings, we get due process. And Lou, you’re the guy that won that case and established that through our firm. You won it.

Evan Nappen 12:20
I like to say interestingly about it.

Evan Nappen 12:46
Again, you used it here to get this victory.

Louis Nappen 13:02
Correct. And what’s interesting about that, of course, is the statute doesn’t say you get that due process. The statute says you only get due process if you’re denied by your police chief. So, that is not due process. If you’re approved by your police chief but the court intends to deny it, you still get the due process of notice and opportunity to be heard. So, I raised, in addition to the due process aspect, of course, ineffective assistance of counsel, which I do not lightly raise. I believe in professional courtesy. Let lawyers handle their cases the way that they believe is the best way to handle it. I would have handled this differently and certainly would have said, I need more time to discuss this. Let’s adjourn this to another day so I can have the proper opportunity to review this with my client, at the very least. We shouldn’t have trial by surprise. We just shouldn’t.

Evan Nappen 13:58 Absolutely not. Trial by ambush.

Louis Nappen 14:00 Yeah, that’s right.

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Evan Nappen 14:02
You have a right to due process and to be able to have enough time to prepare. None of that was here. The Court recognized it as so fundamental a violation. And what is the outcome? What was the outcome?

Louis Nappen 14:18
So, the Appellate Court said that it was vacated. First off, they vacated it. The decision of that court was vacated. Done. It’s no longer the decision. And remanded. Now, interestingly, they remanded it back to the court where it came from, but that judge is no longer on the bench due to retirement. I don’t really have too much. This judge did this one wrong. I don’t hate this particular judge. I don’t have any ill will against this particular judge overall. I’m not going to name names, but in this particular case, I think he did wrong. Somebody could have a bad day and do something wrong.

Evan Nappen 14:57
The court seemed to agree with you and sent it back. But that means that the judge’s denial is reversed. So, now our client does not have a denial on his record.

Louis Nappen 15:12
That’s right, yeah. He would have to mention it every time.

Evan Nappen 15:16
For the rest of his life. Then they’d use it against him.

Louis Nappen 15:19
Especially in conjunction with, if you falsify, if you fail to mention it, you would be denied a permit because of that bright line rule that they did saying any false representation. You know that kind of thing if you know about it. They just say because you failed to mention a prior denial. But every application is looked at as new. So, it doesn’t make sense to me in that sense. But so be it. So, the bottom line.

Evan Nappen 15:42
Now we’re going to go back to the court and get this done properly.

Louis Nappen 15:46 Correct. It’s remanded.

Evan Nappen 15:50
That’s right. That’s what we need to do. To make sure that his rights to due process are vigorously enforced throughout because that’s the only way we do it.

Louis Nappen 16:00
And also, something else about our libertarian values here. In terms of one of my points that I raised, which the Court recognized, even though this was just about him having a bunch of traffic tickets and alleged dismissed TROs, temporary restraining orders, you’ll notice the name. The name of the case is AJJ. I made sure that his privacy was protected, and the Court recognized that as well, and named the

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court with initials. Nobody needs to know this guy had that in his history. It doesn’t need to be out there about him. But at the same time, he’s helping others by cases like this being published and fighting and not letting a denial stand.

Evan Nappen 16:38
Right and it’s instructive to others. It’s also instructive to other judges not to do this kind of thing. And remember, even though the law has changed to the new law, where the only time you’re going to go to court is if you’re denied, but on those denials, we still need vigorous due process so that we can fight to get your license if you are denied. The anti-gunners have put these vague things into the disqualifier. Such as public health, safety, welfare based on character and temperament, where they can look at your social media and things that you may have said. So, these become battlegrounds where you may have denials, and the fight needs to take place. Because the same criteria now to be approved for a carry license under 58-3 is the same criteria for an FID Card and a pistol purchase permit. So, if you get denied any one of those license, it can escalate to the revocation of the other licenses. Then they throw in taking your guns and trying to run a forfeiture. You’ve had great success on fighting those. So, this whole thing can escalate.

Louis Nappen 18:05
Whether you constitute some sort of danger, some sort of danger, and you get an extreme risk protection because of it, or something.

Evan Nappen 18:11 Exactly, yeah, exactly.

Louis Nappen 18:13
It’s very crazy. Well, there is an aspect to this I’d like to just mention. I think it was funny that on appeal, the state raised this. There is a little brief paragraph that’s in the decision that I did get a chuckle out of. It says we disagree with the states. This is we, meaning the court, the court disagrees with the state’s contention that Petitioner was accorded due process because the court paused the hearing so counsel and Petitioner could review the letter. In other words, we disagree that those seven minutes were enough. It says that did not cure the lack of opportunity for Petitioner to prepare for the court’s questioning on the particular objections and review any documents or provide documents on his own behalf. And that’s the key. But look how the state fought that saying, oh no, he had his seven minutes. What are you talking about?

Evan Nappen 19:04 Seven minutes, right?

Louis Nappen 19:07
You had your seven minutes with your attorney. But you didn’t have a chance to go home and find documents proving you paid those tickets.

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Evan Nappen 19:13
It’s crazy. Well, another win, another victory for you and the firm. We’re very proud of that. You did a great job. The client is very happy, and the fight continues.

Evan Nappen 19:28
Oh, yeah, I want to tell everyone about the WeShoot seminar with Lieutenant Hartman. Lieutenant Colonel Hartman. As you may know, this is really cool, the original live seminar has been put off because Lieutenant Colonel Harmon is actually going to be teaching at an actual range. Teaching the course with live rifle fire. You will be able to train and be trained by Lieutenant Colonel Hartman, who is, of course, the Master Sniper with the IDF. He created the entire firearms training program for the IDF. This man is an amazing guy, and they are going to announce shortly the new date for that. You can get his course, which I strongly suggest you get. It’s online, and then you can get that enhanced by going for the live seminar, which will be free as part of the course. You can find it at elitemarksman.com. If you put the promo code in GUNLAWYER, all caps, you get $100 off just for being a listener the show. Don’t forget the GUNLAWYER code. It’s elitemarksman.com.

Evan Nappen 20:59
You can go to WeShoot, to their website, weshootusa.com, for more information about this and for the updates. It’s very exciting. I’ll be there. I’m looking forward to it. It’s going to be great. And it’s so much better that we’re actually going to have actual training on the range by Lieutenant Colonel Hartman. You definitely don’t want to miss that. WeShoot is an indoor range in Lakewood. It is a fantastic place. It’s where I shoot. It’s where my brother, Lou, shoots, and where we both got our certificates. So, we got our carry out of WeShoot. So did my son and so many others. And you can too. We shot, we shot. We shot at WeShoot. And you can shoot at WeShoot. Go to weshootusa.com. Go visit them right there, easily, right off the Parkway. It’s a great resource and a great place. They’ll be able to take care of you there. No problem.

Evan Nappen 22:07
Now, last week, we talked about the victory on the AR-15 being found unconstitutional as it being banned. That fight is ongoing. That’s through our great Association, the Association of New Jersey Rifle & Pistol Clubs. They’re litigating the large capacity magazine ban and the Carry Killer bill with all the ridiculous sensitive places. They want to keep you as a victim instead of a defender. They’re going at the other unconstitutional and outrageous provisions of the law that was passed in a big hissy fit by the other side after the Bruen decision. The Association of New Jersey Rifle & Pistol Clubs is on it and fighting. You need to be a member of your state Association. It’s the umbrella organization of gun clubs throughout New Jersey, and you can be an individual member. You should. You’ll get informed by email of the latest laws that they may be trying to pass, and actions you can take to help fight it. You’ll be helping in the litigation. You get a newsletter sent to you. The top gun rights newsletter in New Jersey. So, go to ANJRPC.org and join the Association of New Jersey Rifle & Pistol Clubs. If you have my book, right on the back cover, is a big ad for the Association. It’s right there. There’s a reason I put it on the back cover. It’s that important. You need to be a member.

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Evan Nappen 23:44
It’s also important that you have my book. If you don’t have that book, New Jersey Gun Law, the Bible of New Jersey gun law that I wrote for you. It is my labor of love. It’s the 25th Anniversary Edition with over 120 topics explained in a question and answer format. The actual laws are also there in the back, so that you can actually almost understand New Jersey gun law when you have that book. It will help you tremendously. It’s used by the State Police Firearms Division. It’s used by lawyers and judges and most importantly, gun owners like you and me throughout the state. So, get your copy. Go to EvanNappen.com. That’s my website. EvanNappen.com. You’ll see the big orange book there. Order it. You’ll have it in a matter of days. When you get the book, scan the front cover, scan that QR code, subscribe for free to my database, right there. I keep it private. I never distribute it. You will get updates from me, and you’ll know when the laws are changed. Any updates to the book. You get access to the archive of any of the updates that we’ve done so your book stays current.

Evan Nappen 24:58
Hey, I want to mention some interesting things that I’ve seen. You know, I end up looking at all the different aggregate websites of gun information. I’m constantly consuming these articles and such. When I see things that I find interesting, I always want to share them with you. There was an interesting article by Jennifer Sensiba, and it was called, “Why You Might See Swastikas At A Gun Show.” (https://www.thetruthaboutguns.com/why-you-might-see-swastikas-at-a-gun-show/)

Evan Nappen 25:35
I really think that it’s great that this article is out there, and I have a link to it on the website. The point that she’s making is an important one. The reason is not because of gun owners being Nazis, which is how the other side wants to portray it, but it’s about history. There are so many great collectible military from all different countries, all different wars. This is an area, and what the other side is trying to do is shut down an understanding of history. We cannot let that happen. You know, just because you may have a piece of military from the Third Reich doesn’t mean you support them at all. You may have something from the Vietnam War that was Chinese communist. It doesn’t mean you support them. You may have something from any adversary at any time. It is not that you subscribe to their political beliefs. As a matter of fact, I don’t subscribe to those political beliefs at all, but I love history. I love learning and understanding so that we don’t repeat it. By shutting it down and shutting it out, by making it taboo, it’s exactly what we should not do. As the other side tries to control our thoughts, control our speech, and rewrite history, we can’t let that happen. We’ve got to know history, understand it, the good and the bad. It’s critical. So, that’s why, hey, you might see a swastika at a gun show, and it is nothing to do with having any type of support for that political philosophy. It’s the opposite. You know, when our boys came back from fighting the war, they brought back war trophies, souvenirs that they took from the enemy. It’s a source of pride. That’s the same thing today. These are the equivalent of drinking from the skulls of your enemy, right? You have this stuff. They were defeated. It is history, and it stands for the victory. So, keep that in mind. It’s a very interesting article that you may want to check out on that topic.

Evan Nappen 28:09
Now, I received a letter. I love the letters that I get, and I appreciate when listeners send them. This is from Ken regarding selling firearms. Ken says, Evan, is it still legal to sell your firearms through an FFL

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with a NICS check to other individuals? I heard some stuff that they were trying to keep people from selling their firearms or severely limiting you in doing so.

Evan Nappen 28:36
The answer that is, yes, you can. You’re required to. If you’re going to sell a firearm, you have to go through a dealer. The only exception for a private sale is to your immediate family members. If it’s not to an immediate family member, then it has to go through an FFL. But it’s perfectly legal, and that, in fact, is the path for doing it by. You have to go through an FFL. It’s the legal method required unless it’s an immediate family member. But even if it is an immediate family member, you still have to do the paperwork. You just don’t have to go through a dealer. You need a Firearms ID card and Certificate of Eligibility on a long arm, or a pistol purchase permit for any handgun, etc. You still have to do the paper for the family member. You just don’t have to go through a dealer. But with anybody else, it has to go through a dealer. Thanks for your question. Ken.

Evan Nappen 29:37
Now, this letter is from David. David says regarding more fun with New Jersey’s crazy laws. Hi Evan, thanks for all the great content. Well, my pleasure. In my community, it’s not uncommon for people to have a small synagogue in some room of their home, and I’d like to understand how New Jersey’s crazy carry laws apply to the following complex setup. My neighbor’s home has a sun porch with an independent entrance from the side yard. Every Friday night, neighbors gather there for Sabbath services. The side door is unlocked, and the sun porch is, “open to the public”, in a sense that just like a stand-alone synagogue, there’s no requirement for membership or sign up or invitation to come to Sabbath services. Just walk in.

Evan Nappen 30:29
So, right away, if we’re looking at the private property exemption, then the sensitive place private property exemption makes it clear that if it’s private property, but it’s open to the public, then that’s not a sensitive place where it becomes prohibited. So, here being open to the public, it is okay. There is no sensitive place on houses of worship. House of worship is not a stand-alone sensitive place anyway. So, if it’s open to the public and it’s a house of worship, they’re not sensitive places. They’re not restricted so you don’t have a problem.

Evan Nappen 31:12
Then he goes on and says, to make it more interesting, my neighbor’s wife is a physical therapist, and her office is accessible from the garage entrance. If you walked from the sun porch to the den, you could then enter a physical therapy office, which is presumably a healthcare facility where carry is prohibited. If it matters, the facility is closed on the Sabbath and has by-appointment-only office hours. Can a PTC holder carry into a synagogue sunroom as a public place, or is the neighbor’s permission required? Does the attached physical therapy office matter?

Evan Nappen 31:45
As long as you are not going in the healthcare facility part, then that doesn’t make the other part a problem. Of course, it still could be a legal issue whether a physical therapist is, in fact, a healthcare facility. But just to err on the side of caution and assume it is, just do not go into the healthcare facility

Page – 11 – of 13

portion, because that’s how the sensitive places work. So, for example, you can’t carry at a dispensary, but if you go in, meaning a pharmacy, but if you go into CVS, as long as you don’t go to the pharmacy part, you’re okay. If you go into a mall and there’s a school in the mall, you can go in the mall, but not in the school part. So, this is the key and that’s how it works here on this complex issue. So, open to the public. No problem. Now, if you happen to get permission as well to carry, well, that’s even double coverage if it was ever claimed to be private property. Because private property, if you get the permission, that’s good too. But this is open to the public. So, in reality, the permission is not required under the sensitive place law.

Evan Nappen 33:09
There’s another letter on a similar basis from Michael regarding PTC to private school. He says, I have a PTC, and I own a trade school. I was told I cannot carry at my business because it is a school and furthermore, the landlord would have to allow if I was able to. So, is that accurate? Well, if the trade school is your place of business, then there is the place of business exemption under 39-6 that exempts the sensitive place right out of the box. Since it’s a place of business that you own, you’re exempted to carry at your place of business. Under the sensitive places, the school, if you have permission from the person who’s in charge, which is you, because you also own it, you’re okay there. So, you can carry in your place of business. I would assume and hope that you have some proof that it’s your place of business, maybe a lease, or other thing, that it is your place of business and such. But then, you fall under that exemption for the place of business, and that’s how it works.

Evan Nappen 34:32
Okay, this week’s GOFU. This week’s GOFU is a wraparound back to what we discussed at the beginning of the show. The GOFU is to make sure you have a gun lawyer when you’re dealing with a gun matter. Unfortunately, what AJJ had to go through here is because this attorney obviously didn’t know what they were doing, wasn’t prepared and went into this.

Louis Nappen 35:03
Where they didn’t object. Didn’t object.

Evan Nappen 35:08
Didn’t have a good objection. Talk about a GOFU. That’s the GOFU. So, make sure whatever legal subject you’re dealing with, that your lawyer knows that subject and is briefed, is immersed, and understands your case and is there, guarding and protecting your rights and standing up for your rights. Not just your Second Amendment rights, but your due process rights, to make sure there’s fundamental fairness in those hearings. Because without it, it can have dire ramifications. It can ruin your reputation. It can have escalation of further denials, etc. There’s a lot of consequences for that GOFU. Make sure your lawyer knows what they’re doing. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. And, Lou, thanks for coming on the show.

Page – 12 – of 13

Speaker 3 36:20
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 – 13 – of 13

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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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