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Episode 199-How New Jersey Gabs Guns
Manage episode 434842344 series 2835731
Podcast Transcript
Gun Lawyer Episode 199
SUMMARY KEYWORDS
guns, knife, new jersey, switchblade, otf, firearm, seized, law, fight, shoot, call, range, jersey, domestic violence, gun rights, tro, seizure, rights, part, blade
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:15
I’m Evan Nappen, and welcome to Gun Lawyer. So, I’m going to dwell today in the area of how New Jersey grabs guns. How they basically steal your guns and gun rights right out from under you. I’ve seen case after case. By understanding the methods and the laws that New Jersey abuses to the fullest, you may be able to better protect yourself. Even if you’re thinking to yourself, hey, I don’t do anything that’s a problem. None of this that Nappen is talking about I would ever have anything to do with. Well, it doesn’t matter. Because if anyone in your household has any of these issues, everybody’s guns get seized. All the guns in the household get taken. Then you, as an innocent third party, you’re stuck having to fight to regain your guns and gun rights as the state claims that this problematic or prohibited person is in your household.
Evan Nappen 01:37
So, what are the primary methods that New Jersey employs to steal guns? To disenfranchise individuals of their gun rights, and to have a continuous every day all law enforcement taking these actions. One by one, taking people’s guns. And you never hear a peep about this in the Imperial Media, of course. But that’s why you listen to Gun Lawyer. So, I’m going to explain how this works. One of the main laws, there’s about three of them, and then we’ll talk about the fourth that isn’t even a law. The main law that gets heavily abused is the domestic abuse law. Now, domestic violence, domestic violence abuse, it’s a serious topic. It’s important that we address those incidents. I totally get that. Nothing I’m about to say is meant to belittle anything about the seriousness of domestic violence. However, the domestic violence laws in New Jersey are so broad and all-encompassing that it is extremely easy to get at least a Temporary Restraining Order filed.
Evan Nappen 03:17
With domestic violence, if an individual claims to be a victim of domestic violence and to be a victim, it’s statutorily defined as someone who’s a spouse, or someone who’s a household member, or someone who has a dating relationship with that person, etc., and that person makes a claim that a predicate act of domestic violence has occurred. This is basically the criminal code of laws, various offenses that are labeled as domestic violence offenses, when the alleged victim is someone in that category I just said. For a TRO to issue that person simply has to make essentially prima facie claim. You’re not involved in that. The other person is not involved in it. It’s done ex parte. They just tell the judge whatever story they want to tell. They could make up an utter and complete lie. And that often happens. We encounter
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that a lot, but it doesn’t matter. If they put forward that predicate act, and the predicate acts run the gamut from attempted murder all the way down to harassment.
Evan Nappen 04:49
Now, harassment in New Jersey is a crime, it isn’t a crime. New Jersey actually, technically, calls crimes felonies. But harassment as an offense is a petty disorderly person’s offense. The lowest level of criminal offense. The element of harassment is essentially doing something with the purpose to annoy. That’s essentially it. So, if any of you have ever annoyed your spouse or girlfriend, then arguably, you’ve committed harassment, and if they wanted to complain about it, they could at least get a TRO out of the box. Once that TRO issues, a Temporary Restraining Order, then as part of that Order, already preprinted on the form is a warrant to search and seize the guns of the defendant and anything that’s in the household where that defendant resides. So, we frequently get TROs that might be brought by a girlfriend of a son who’s living with the mother and father, and the mother’s and father’s guns get taken even though they had nothing to do with anything. It doesn’t matter. They all get seized. Of course, the defendant’s guns get seized. It doesn’t matter about how much of a lie may or may not have been told to get the TRO. All the guns get seized.
Evan Nappen 06:15
Then you’re going to have a Final Restraining Order hearing where they decide whether to make the TRO a FRO (Final Restraining Order). If it becomes a FRO, then you’re barred from having guns under both New Jersey law and Federal law. But even if the TRO gets dismissed, you still are going to have to fight to get your guns back. Because what comes next is a Weapons Forfeiture Hearing where they’re going to look at everything all over again. It doesn’t matter that the TRO was dismissed. They will look at anything else in your background and anything that may have been seized. And that’s an important point right there. Because I see often that individuals have something that might be viewed as contraband by New Jersey. Like you have a magazine that, instead of holding 10 rounds, may hold an extra bullet. You know it may hold 11 rounds. Oh, my God. If you have that magazine, you’re looking at a felony level offense, what New Jersey would call a crime of the Fourth Degree. You’re looking at a criminal charge facing up to 18 months in State Prison for your so-called large capacity magazine that we prefer to call a standard capacity magazine. That’s just one example.
Evan Nappen 07:26
So, what happens now is this. You’re an innocent third party. Your guns are seized, and the magazine is found. Maybe, let’s even say it’s in a handgun that you lawfully acquired with a pistol purchase permit before the law changed, and you didn’t remember that it held over 10 rounds as a standard mag that came with the gun. It doesn’t matter. Now you can face an escalation to criminal charges. They’ll use it to try to deny the return of your guns. They’ll use it to revoke your gun licenses, and they may use it to keep your firearms that they already have. So, this is where you see the escalation factor and the other problems that can ensue once there is any type of domestic violence TRO.
Evan Nappen 08:11
We get a lot of those cases. A lot of people end up having their guns seized by the Government, and we have a fight to try to get them back at the subsequent weapons forfeiture hearing. It’s very important that if you are the subject of domestic violence restraining order, that you fight it. Because if you get a
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FRO (Final Restraining Order), you become a prohibited person, essentially equivalent to a convicted felon. So, domestic violence seizures are one of the areas fraught with abuse that I encounter frequently.
Evan Nappen 08:48
The other method is what is called Red Flag. It’s not officially called Red Flag. Sometimes Red Flag is applied to any seizure. But what I’m talking about here is Extreme Risk Protection Orders. What we call ERPOs. It begins with a Temporary Extreme Risk Protection Order, which is a TERPO. Then, if it becomes final, it becomes a FERPO, a Final Extreme Risk Protection Order. It’s an ERPO that begins as a TERPO that can become a FERPO. And if it happens in Burlington County or Bergen County, you get a BERPO. I’m just kidding about the last part. But the procedures on Red Flag what happens again. This time it doesn’t have to be anybody defined specifically as a victim. It can be a neighbor. It can be somebody you just met. It could be the police themselves. Someone can simply make a claim, again ex parte, without you even being aware about anything, claiming that you’re somehow a danger to yourself or others, that you have a gun, and boom, a TERPO issues. Part and parcel of that will be another pre- printed warrant, and your guns will be seized. Anybody in the household, their guns will be seized, and we’re back to that same pattern of behavior. These pre-printed warrants are just offensive, frankly, to the Fourth Amendment. I mean, in New Jersey to get approval for seizing guns, it’s harder to get a sandwich at Wawa, than to have this happen. It’s just crazy how almost automatic the warrants are that are part of these orders as it gets issued on the seizure. Again, the same problems can ensue. It can escalate. You can lose your rights, even if you’re not the person who was a target of the original TERPO.
Evan Nappen 11:07
Then we have the third method, which is what we call Duty to Warn. Now Duty to Warn occurs where an individual makes any kind of statement to a medical professional. It could be a therapist, it could be a doctor, a nurse, etc, any type of statement about harming themselves or others. If they make that statement, then it is required for the medical professional to call the police. At which time the police will come, and they will not only take your guns away, but they then take you away. You get subject to an emergency medical evaluation. It’s kind of a variant on the Duty to Warn, is anybody who ever calls for a wellness check, if somebody calls for a wellness check on you, then you can expect the same type of Duty to Warn mechanism where the guns get seized. Then not only are you fighting for your freedom from being put in a mental institution, but you’re fighting to get your guns and your gun rights back. If you’re an innocent third party again in the same household, you’re going to be pulled right into it as well.
Evan Nappen 12:43
Then the fourth method of abuse, of seizure, of taking guns of New Jersey, stealing guns and gun rights, is where the police just decide to take your guns for so-called “safekeeping.” They’re not relying on any provisions in law. Basically, I call that the pulling it out of their ass basis, okay? Again, it doesn’t matter. Jersey likes to take guns and ask questions later. Oddly, if you’re subject to one of those “safekeeping” seizures, one of those statutorily baseless seizures, it’s often even more of a fight to get your guns back because there’s no statutory procedure. However lacking in due process this is, all of New Jersey’s procedures are, there’s no due process on that type of seizure. There are no laws on that
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type of seizure. So, we kind of have to force their hand in getting to court to regain your guns and your gun rights. Again, if you’re an innocent third party there, you get jammed up as well. You face the same risks and the same problems. This is how New Jersey is constantly seizing individual’s firearms and taking their gun rights, too.
Evan Nappen 14:14
So, you need to let your family members know that if police get contacted, and look, if police need to be contacted, they need to be. I’m not saying not to, if there’s a need to. But they need to know that it’s not something ever to be done lightly. I’ve had cases, many, where the person who calls only wanted to scare them, or I only wanted to help them, or even though it wasn’t serious or I was just nervous about him, or whatever the reason, it leads to this compounding. It can even lead to felony level criminal charges and prison. The effect has no bounds, depending on what the facts are after the seizure. Because of it and due to it.
Evan Nappen 15:03
Then many of these times, swattings can occur. The police are told there’s an armed individual who is a danger to himself and others, and they come there nervous. If I was law enforcement, I’d be nervous, too. You do not know who you’re dealing with. And unfortunately, innocent gun owners get shot. They get killed. These are on record of happening. They didn’t know who was coming to the door. They didn’t know who it was. They didn’t know what was going down. So, this really can create a lot of danger, and it does. But regardless, it’s dangerous to your rights. So, you want to make sure you’re aware of it and that your family members are aware of what happens. Every week I’m getting case after case after case, which initially started by these methods that I’ve just explained to you.
Evan Nappen 15:57
We are fighting these things, of course. We’re fighting it via our great state Association, which is the Association of New Jersey Rifle & Pistol Clubs. They are the state gun rights group in Jersey, the umbrella organization of gun clubs in New Jersey. You can be an individual member, and you need to be an individual member. They’re the ones in the courts fighting for our rights, fighting the Carry Killer law, fighting the assault firearm ban, fighting the large capacity magazine ban. They’re making progress. They’ve made significant progress. They’ve eliminated, so far, a number of sensitive places so we can protect ourselves and not be victims. We can be defenders instead. They’ve just taken a piece out of the assault firearm law with more to come. We’re seeing great progress. It’s a long slog, and it’s a big fight. We need your support. Make sure you’re a member. You’ll be advised as to what’s going on down in Trenton. They have a full time paid lobbyist. They’re there being vigilant for your rights. Join anjrpc.org today. Be part of the solution by being a member of your great gun rights organization.
Evan Nappen 17:14
If you’re looking for a place to shoot, there’s none better that I can recommend than WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. Very convenient, right off the Parkway. It’s a top of the line range. That’s where I shoot, and my family shoots. We love it there. They will treat you like family. They have great trainers. Great deals and gear and guns and ammo. Everything you need to set you up quite nicely to be able to shoot, to shoot proficiently. Be qualified. Get licensed, everything, soup
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to nuts. You can get it done at WeShoot. You can go to weshootusa.com. They have beautiful photographs. They pride themselves on that. Check out their website.
Evan Nappen 18:06
And you know, we’ve been following along with WeShoot and our connection there with Lieutenant Colonel Mikey Hartman. Lieutenant Colonel Hartman, an Israeli IDF Master Sniper, created the entire firearms training program for the IDF. He’s an amazing hero of Israel in the fight against terrorism. Well, he has an amazing course, by the way, called Elite Marksman, where he teaches the IDF training for rifle. It’s a video, a very detailed video training course that you can watch and learn. You want to subscribe to that and get that course with all the great materials, plus the IDF targets he sends and everything else. He’s really great guy. I love Lieutenant Colonel Hartman. He just an amazing man. Remember to use the promo code, GUNLAWYER, all caps. GUNLAWYER. To get $100 off. He will be coming live, arrangements are being made as we speak through WeShoot. They’re gaining a rifle range to use, and if you’ve purchased that Elite Marksman course, you’ll be able to attend for free to Lieutenant Colonel Hartman’s in person course. He will train all of us directly. He’s going to enhance and refer to his program. You want to have that Elite Marksman course before you go, and he’s going to give us live training. I’m really looking forward to it. When I get the actual date, I will definitely let my listeners know about it. You can also go to weshootusa for more information on that as well. So, check it out at elitemarksman.com. These are great resources that I try to tip you off about.
Evan Nappen 20:11
Of course, the finest resource on New Jersey gun law, as I brag about it, is my book New Jersey Gun Law, the Bible of New Jersey gun law. It’s over 500 pages with 120 topics, all in a question and answer format. It’s the guidebook, the handbook, the manual to stay out of trouble in New Jersey. There’s no other book like it at all, and it’s a labor of love. I put hundreds and hundreds of man hours into writing it, and I keep it up to date. It’ll be a great resource for you. You should all have a copy of it and keep it handy. You can go to EvanNappen.com. EvanNappen.com. That’s my website. You’ll see the big orange book there. Click it, and it’ll take you right to the page so you can order it. You’ll have it in a matter of days. When you get the book, scan the front cover there, the QR code. You can then subscribe for free to my database. I do not distribute that in any way. We put out updates, and you’ll have access to the archives of past updates. So, this way your book stays current. Make sure you get your copy. Talk to anybody that has a copy. They’ll tell you how much they use it. And when you get your copy, one rule, do not loan it out. Because if you do, you’ll never get it back. Boy, I hear that all the time.
Evan Nappen 21:40
Let’s take a look now at some letters. I really enjoy the letters. I love hearing from you folks. This one is from Marcus. Marcus says, regarding outdoor range. I’m an NRA instructor, and it’s getting very hard for me to qualify students at indoor ranges. I was thinking about buying a piece of property so I can train my students in live fire. I think you might say live fire outdoor. I cannot find any information. In which county or town would they let me do such a thing? Can you please point me in the right direction? So, this is tricky because of how the possession works. If you’re going to set up an actual target range, that might be one way, but it has to be arguably authorized. If you’re on your own property, you have an exemption to shoot there, as long as the town doesn’t have an ordinance
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prohibiting discharge. New Jersey State law doesn’t control ranges. It’s more of a town law. So, you want to check on discharge and all that.
Evan Nappen 23:03
Once you set up a range, now, if it’s a personal range, that just means it’s your own personal property. But if a student comes there with a firearm, are you operating it as a public range? Is it an authorized range under the statute? That becomes troublesome, you know, it becomes very fact sensitive. There really isn’t a great way here, unless you get your facts all in a row about the authorization of the range itself, unless you want to actually get a piece of property and get it approved officially by the town as an outdoor range. Now, one thing that may be helpful is this. Keep in mind, if you want to qualify, and we’re talking about CCARE, that can be done with air pistols. Now air pistols are still considered firearms. So, it would still be considered a firing range. However, if the town only prohibits firearms, and they have a town definition of a firearm, maybe it doesn’t include air guns. That’s something. Air guns are also a lot quieter than a powder type firearm that uses cartridges. So, that may be helpful, I don’t know, but it is difficult. This is one of the reasons why I push about people, our resources, with our ranges, particularly WeShoot, because it’s difficult to find places to shoot. I can sympathize, but the law is not very flexible. This is something that really needs to be addressed further by the legislature. But thanks for a great question, Marcus.
Evan Nappen 25:02
Here’s a question from Rich. Rich says, Hello, I listen to your show every week. That’s good as well. You should. Anyway, I have a question about informing a police officer of your Permit to Carry when pulled over. I’m a New Jersey Permit to Carry holder. I understand that a Permit to Carry holder must inform police and show them you have a permit and inform them that you have a concealed handgun if pulled over. Yes, that is correct. You must immediately do that. The question is, do I have to inform and show the police officer the permit if I’m not carrying the handgun with me on that particular day? The answer is no. You only have a Duty to Disclose if you have your handgun loaded, concealed on your person, properly carrying it, when you are pulled over. If you don’t have a gun, there’s nothing to disclose. The disclosure is to disclose that you’re carrying a gun. So, not a problem. There is no need to inform. Now, if you are transporting your gun to the range, not carrying it loaded concealed on your person, but have it cased, unloaded in your trunk or a lock box, etc, then you still have a Duty to Inform the police that you are transporting as well as carrying. If the gun is in your vehicle like that, you still have to tell them, if you have a Permit to Carry a handgun. If you do not have a Permit to Carry a handgun and you are transporting under the old exemptions, going to the target range with your cased and unloaded firearm, you have no obligation to disclose that you have the firearm. If you are carrying your gun illegally, you have no Duty to Disclose that you have a firearm. Only Permit to Carry holders have a Duty to Disclose whether they are carrying their handgun loaded concealed on the person, or whether they are transporting it. That’s how Duty to Disclose works.
Evan Nappen 27:22
I have another letter, and this one is from Jack. Jack is asking a question about one of my loves. I’m not talking about women. I only have one of those. That’s my wife. My other great love, and it says regarding knife laws. Hi, Evan. Question for you. Are switchblade OTF knives, OTF is short for Out The Front knives, legal to possess in your home as part of a collection in NJ without any intent to use for
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self-defense or any intention to carry? Can opening boxes and using it as a tool for everyday house repair tasks be considered a lawful purpose? If not, then how come these are being openly sold at gun shops and places like Home Depot?
Evan Nappen 28:12
So, the switchblade law in New Jersey is really quite a piece of work. I believe the switchblade law has a foot in the grave as far as it being even enforceable now, in light of the trilogy of Heller, Bruen, McDonald, etc, on our Constitutional rights. The problem is that switchblades, which an OTF does fall under that category of a switchblade, because the blade opens automatically by pressure to a button or other device in the handle of the knife, the law divides up. There is what we call the per se section under N.J.S. 2C:39-3, where you cannot possess unless you can. You have the burden of demonstrating that reason, that purpose, etc. They view those as per se prohibited. Switchblade, dagger, Dirk, stiletto, Ballistic Knife, etc. Even slingshot falls under that category. Yes, New Jersey makes possession of a slingshot a felony level offense. You’re looking at 18 months in State Prison for possessing a slingshot in New Jersey. So, Dennis the Menace and Bart Simpson are felons in New Jersey. They put switchblades in that category.
Evan Nappen 29:43
There is a defense built in, but the burden is on you. One thing for sure, you don’t want to be carrying your switchblade. At least until we get the case law finally killing off these idiotic archaic knife laws. There’s another section under 2C:39-5d. which is “other weapons.” That means everything else, not including firearms that are separately prohibited under 2C:39-5. So, 2C:39-5d., the “other weapons” section, also includes knives. But there is an exemption to 2C:39-5d. Under 2C:39-6.e., and all these will be linked on the website to these laws, by the way. Under 2C:39-6.e. possession in your home of “other weapons” and those firearms under the other subsections are exempted. So, the d. charge under 2C:39-5 has a home exemption for possession. The only possible charge for having it in your home is the 39-3 section charge of the per se.
Evan Nappen 31:05
Now, I’ve had a case where a guy had a $25,000 collection of modern automatics. By the way, switchblades are archaic even in the term, but it’s in our law, actually calling them switchblades. The modern term today is automatic knives. I had a guy with a collection of $25,000 in automatic knives, and I was able to show that he was a collector. He subscribed to Blade Magazine. He belonged to a knife collector club and an arms collector club. All these knives had significant collector value, either in their function, design or form, and we were able to show that his manifest lawful purpose was precisely that, collecting. I was able to get the criminal charges dismissed and actually got his collection returned. But even though that’s possible and can be done, I’m sure you don’t want to have to go through that mess. This is why I can’t just give you the green light on yes, you can possess them. Because when you do, you run the risk of having to fight that fight. So, keep that in mind.
Evan Nappen 32:12
Now, for the most part, a lot of the switchblade laws are not vigorously enforced in the United States. As a matter of fact, surprisingly and amazingly in the federal challenge to the Federal Switchblade Act, the actual defense that the U.S. Government used, that at the moment, was actually successful, which
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is just astounding, is saying, well, we don’t enforce the Federal Switchblade Act. (KnifeRights.org) So, this is a moot challenge. This case is not necessary because we don’t actually enforce it. The Court actually bought that. And I’m like, great. As long as they’re not enforcing a law, it stays on the books. Is that how it works? I mean, come on. But that’s still being fought. You can see that there is some reality to enforcement of knife laws. Normally in the world of knives, it’s not as vigorously enforced, but you still have a risk. You still have that risk. I’m not discounting that risk, but I normally don’t see it as aggressive.
Evan Nappen 33:17
Right now, the agenda is guns. Guns. They need to grab all the guns, and they’re working on it, as I’ve been explaining. Once they get rid of all the guns, then they can go after the knives. If you want to see that evolution, just look at the U.K. In the U.K., you see that’s exactly what happened once they stomped out everybody’s gun rights. Now it’s the entire anti-knife campaign, arresting people for knives. The Knife Act. You can’t have pointy kitchen knives. I had a guy at the Blade Show come up to me and said a cop confiscated his Swiss Army classic. The little, teeny Swiss Army that goes on a key ring because he was opening his mail with it in a coffee shop, if you can believe it. The cop said I could arrest you, you know, but instead, just he took it. How nice. He just confiscated his knife and left him with a warning. But this is what they’re dealing with in the UK, and we don’t need their nonsense coming here.
Evan Nappen 34:20
Here in America, we have Knife Rights (KnifeRights.org), which is a phenomenal knife rights organization. I’m counsel to Knife Rights, and they’ve got knife freedom laws passed across the U.S. It began in 2010 when we legalized and repealed all the knife laws in New Hampshire. Since then, many, many more states have done it. They’re challenging the Federal Switchblade Act. We need to repeal New Jersey’s idiotic knife laws, too. But, of course, with the politics in New Jersey, that’s going to be a bit before we can do that. But in the courts, progress is being made. I understand and appreciate your question, and I personally love OTF knives. I think it’s one of the best designs for a switchblade, because out the front is a very interesting knife. The blade stays fully contained in the handle, fully contained, so it’s protected. The spring is under no pressure until you actually use it. When you slide the button, that’s what actually, in some OTF designs, stretches the spring, and then it’s released, throwing the blade out. In other designs, the sliding of the button compresses the spring and then it’s released, throwing the blade out. Then the process is reversed, going backwards to throw the blade back into the handle. So, an OTF can sit in a closed position for years and years and years. The spring will never take a set because the spring is not being utilized until you’re actually running the OTF. That keeps the blade fully concealed so that it doesn’t get messed up, dinged up. You can effectively have a double edged knife because it’s completely covered. You can’t have a double edged knife on a folding knife because the sharp part will be sticking out. Only one edge gets protected by the handle of a knife in a folding knife, but in an OTF, the double edge is completely encapsulated and safe. So, there are a lot of advantages for OTFs, and they’re really a great design. And you know, some of the top makers are Microtech, Benchmade, Heretic, etc. The designs have just come so far, and they’re very exciting and very modern. If any of you ever watched John Wick, you see the effectiveness of OTFs, right?
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Evan Nappen 36:58
Hey, let me tell you the GOFU. This week’s GOFU, which is Gun Owner Fuck Up, and why do we talk about GOFUs? Because these are expensive lessons that you can learn for free and not repeat them. This week’s GOFU wraps right around to the beginning of the show and what the main topic of the show is. How New Jersey seizes guns. How they frequently do it. Their mechanisms for doing it. And if your guns get seized, the GOFU is if you anything that is a problem in your house, any of these things where Jersey has attempted to turn you into a criminal, whether it’s a magazine that holds more rounds, whether it’s some gun they’re intrinsically claiming is an evil black rifle with only one purpose, to kill hundreds of people. You know, whether it’s something that might have a stock that’s not approved, or maybe it doesn’t have a serial number. Oh, my God. You mean a privately made firearm, something Americans have been doing since before the country was a country? Yeah, you know, New Jersey turned that into a felony level offense as well. Then what you see is in the confiscation not only are your rights jeopardized and your ability to have guns jeopardize, but the GOFU is getting a further escalation to New Jersey’s serious gun laws. Even if they don’t criminally prosecute you, they will use the argument that you were in violation of New Jersey gun laws to disenfranchise you of your rights, to take away your guns and take away your rights. Beware, folks! Don’t make that GOFU.
Evan Nappen 38:49
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 38:57
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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Evan Nappen, Esq.
Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.
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198 episodes
Manage episode 434842344 series 2835731
Podcast Transcript
Gun Lawyer Episode 199
SUMMARY KEYWORDS
guns, knife, new jersey, switchblade, otf, firearm, seized, law, fight, shoot, call, range, jersey, domestic violence, gun rights, tro, seizure, rights, part, blade
SPEAKERS
Speaker 3, Evan Nappen
Evan Nappen 00:15
I’m Evan Nappen, and welcome to Gun Lawyer. So, I’m going to dwell today in the area of how New Jersey grabs guns. How they basically steal your guns and gun rights right out from under you. I’ve seen case after case. By understanding the methods and the laws that New Jersey abuses to the fullest, you may be able to better protect yourself. Even if you’re thinking to yourself, hey, I don’t do anything that’s a problem. None of this that Nappen is talking about I would ever have anything to do with. Well, it doesn’t matter. Because if anyone in your household has any of these issues, everybody’s guns get seized. All the guns in the household get taken. Then you, as an innocent third party, you’re stuck having to fight to regain your guns and gun rights as the state claims that this problematic or prohibited person is in your household.
Evan Nappen 01:37
So, what are the primary methods that New Jersey employs to steal guns? To disenfranchise individuals of their gun rights, and to have a continuous every day all law enforcement taking these actions. One by one, taking people’s guns. And you never hear a peep about this in the Imperial Media, of course. But that’s why you listen to Gun Lawyer. So, I’m going to explain how this works. One of the main laws, there’s about three of them, and then we’ll talk about the fourth that isn’t even a law. The main law that gets heavily abused is the domestic abuse law. Now, domestic violence, domestic violence abuse, it’s a serious topic. It’s important that we address those incidents. I totally get that. Nothing I’m about to say is meant to belittle anything about the seriousness of domestic violence. However, the domestic violence laws in New Jersey are so broad and all-encompassing that it is extremely easy to get at least a Temporary Restraining Order filed.
Evan Nappen 03:17
With domestic violence, if an individual claims to be a victim of domestic violence and to be a victim, it’s statutorily defined as someone who’s a spouse, or someone who’s a household member, or someone who has a dating relationship with that person, etc., and that person makes a claim that a predicate act of domestic violence has occurred. This is basically the criminal code of laws, various offenses that are labeled as domestic violence offenses, when the alleged victim is someone in that category I just said. For a TRO to issue that person simply has to make essentially prima facie claim. You’re not involved in that. The other person is not involved in it. It’s done ex parte. They just tell the judge whatever story they want to tell. They could make up an utter and complete lie. And that often happens. We encounter
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that a lot, but it doesn’t matter. If they put forward that predicate act, and the predicate acts run the gamut from attempted murder all the way down to harassment.
Evan Nappen 04:49
Now, harassment in New Jersey is a crime, it isn’t a crime. New Jersey actually, technically, calls crimes felonies. But harassment as an offense is a petty disorderly person’s offense. The lowest level of criminal offense. The element of harassment is essentially doing something with the purpose to annoy. That’s essentially it. So, if any of you have ever annoyed your spouse or girlfriend, then arguably, you’ve committed harassment, and if they wanted to complain about it, they could at least get a TRO out of the box. Once that TRO issues, a Temporary Restraining Order, then as part of that Order, already preprinted on the form is a warrant to search and seize the guns of the defendant and anything that’s in the household where that defendant resides. So, we frequently get TROs that might be brought by a girlfriend of a son who’s living with the mother and father, and the mother’s and father’s guns get taken even though they had nothing to do with anything. It doesn’t matter. They all get seized. Of course, the defendant’s guns get seized. It doesn’t matter about how much of a lie may or may not have been told to get the TRO. All the guns get seized.
Evan Nappen 06:15
Then you’re going to have a Final Restraining Order hearing where they decide whether to make the TRO a FRO (Final Restraining Order). If it becomes a FRO, then you’re barred from having guns under both New Jersey law and Federal law. But even if the TRO gets dismissed, you still are going to have to fight to get your guns back. Because what comes next is a Weapons Forfeiture Hearing where they’re going to look at everything all over again. It doesn’t matter that the TRO was dismissed. They will look at anything else in your background and anything that may have been seized. And that’s an important point right there. Because I see often that individuals have something that might be viewed as contraband by New Jersey. Like you have a magazine that, instead of holding 10 rounds, may hold an extra bullet. You know it may hold 11 rounds. Oh, my God. If you have that magazine, you’re looking at a felony level offense, what New Jersey would call a crime of the Fourth Degree. You’re looking at a criminal charge facing up to 18 months in State Prison for your so-called large capacity magazine that we prefer to call a standard capacity magazine. That’s just one example.
Evan Nappen 07:26
So, what happens now is this. You’re an innocent third party. Your guns are seized, and the magazine is found. Maybe, let’s even say it’s in a handgun that you lawfully acquired with a pistol purchase permit before the law changed, and you didn’t remember that it held over 10 rounds as a standard mag that came with the gun. It doesn’t matter. Now you can face an escalation to criminal charges. They’ll use it to try to deny the return of your guns. They’ll use it to revoke your gun licenses, and they may use it to keep your firearms that they already have. So, this is where you see the escalation factor and the other problems that can ensue once there is any type of domestic violence TRO.
Evan Nappen 08:11
We get a lot of those cases. A lot of people end up having their guns seized by the Government, and we have a fight to try to get them back at the subsequent weapons forfeiture hearing. It’s very important that if you are the subject of domestic violence restraining order, that you fight it. Because if you get a
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FRO (Final Restraining Order), you become a prohibited person, essentially equivalent to a convicted felon. So, domestic violence seizures are one of the areas fraught with abuse that I encounter frequently.
Evan Nappen 08:48
The other method is what is called Red Flag. It’s not officially called Red Flag. Sometimes Red Flag is applied to any seizure. But what I’m talking about here is Extreme Risk Protection Orders. What we call ERPOs. It begins with a Temporary Extreme Risk Protection Order, which is a TERPO. Then, if it becomes final, it becomes a FERPO, a Final Extreme Risk Protection Order. It’s an ERPO that begins as a TERPO that can become a FERPO. And if it happens in Burlington County or Bergen County, you get a BERPO. I’m just kidding about the last part. But the procedures on Red Flag what happens again. This time it doesn’t have to be anybody defined specifically as a victim. It can be a neighbor. It can be somebody you just met. It could be the police themselves. Someone can simply make a claim, again ex parte, without you even being aware about anything, claiming that you’re somehow a danger to yourself or others, that you have a gun, and boom, a TERPO issues. Part and parcel of that will be another pre- printed warrant, and your guns will be seized. Anybody in the household, their guns will be seized, and we’re back to that same pattern of behavior. These pre-printed warrants are just offensive, frankly, to the Fourth Amendment. I mean, in New Jersey to get approval for seizing guns, it’s harder to get a sandwich at Wawa, than to have this happen. It’s just crazy how almost automatic the warrants are that are part of these orders as it gets issued on the seizure. Again, the same problems can ensue. It can escalate. You can lose your rights, even if you’re not the person who was a target of the original TERPO.
Evan Nappen 11:07
Then we have the third method, which is what we call Duty to Warn. Now Duty to Warn occurs where an individual makes any kind of statement to a medical professional. It could be a therapist, it could be a doctor, a nurse, etc, any type of statement about harming themselves or others. If they make that statement, then it is required for the medical professional to call the police. At which time the police will come, and they will not only take your guns away, but they then take you away. You get subject to an emergency medical evaluation. It’s kind of a variant on the Duty to Warn, is anybody who ever calls for a wellness check, if somebody calls for a wellness check on you, then you can expect the same type of Duty to Warn mechanism where the guns get seized. Then not only are you fighting for your freedom from being put in a mental institution, but you’re fighting to get your guns and your gun rights back. If you’re an innocent third party again in the same household, you’re going to be pulled right into it as well.
Evan Nappen 12:43
Then the fourth method of abuse, of seizure, of taking guns of New Jersey, stealing guns and gun rights, is where the police just decide to take your guns for so-called “safekeeping.” They’re not relying on any provisions in law. Basically, I call that the pulling it out of their ass basis, okay? Again, it doesn’t matter. Jersey likes to take guns and ask questions later. Oddly, if you’re subject to one of those “safekeeping” seizures, one of those statutorily baseless seizures, it’s often even more of a fight to get your guns back because there’s no statutory procedure. However lacking in due process this is, all of New Jersey’s procedures are, there’s no due process on that type of seizure. There are no laws on that
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type of seizure. So, we kind of have to force their hand in getting to court to regain your guns and your gun rights. Again, if you’re an innocent third party there, you get jammed up as well. You face the same risks and the same problems. This is how New Jersey is constantly seizing individual’s firearms and taking their gun rights, too.
Evan Nappen 14:14
So, you need to let your family members know that if police get contacted, and look, if police need to be contacted, they need to be. I’m not saying not to, if there’s a need to. But they need to know that it’s not something ever to be done lightly. I’ve had cases, many, where the person who calls only wanted to scare them, or I only wanted to help them, or even though it wasn’t serious or I was just nervous about him, or whatever the reason, it leads to this compounding. It can even lead to felony level criminal charges and prison. The effect has no bounds, depending on what the facts are after the seizure. Because of it and due to it.
Evan Nappen 15:03
Then many of these times, swattings can occur. The police are told there’s an armed individual who is a danger to himself and others, and they come there nervous. If I was law enforcement, I’d be nervous, too. You do not know who you’re dealing with. And unfortunately, innocent gun owners get shot. They get killed. These are on record of happening. They didn’t know who was coming to the door. They didn’t know who it was. They didn’t know what was going down. So, this really can create a lot of danger, and it does. But regardless, it’s dangerous to your rights. So, you want to make sure you’re aware of it and that your family members are aware of what happens. Every week I’m getting case after case after case, which initially started by these methods that I’ve just explained to you.
Evan Nappen 15:57
We are fighting these things, of course. We’re fighting it via our great state Association, which is the Association of New Jersey Rifle & Pistol Clubs. They are the state gun rights group in Jersey, the umbrella organization of gun clubs in New Jersey. You can be an individual member, and you need to be an individual member. They’re the ones in the courts fighting for our rights, fighting the Carry Killer law, fighting the assault firearm ban, fighting the large capacity magazine ban. They’re making progress. They’ve made significant progress. They’ve eliminated, so far, a number of sensitive places so we can protect ourselves and not be victims. We can be defenders instead. They’ve just taken a piece out of the assault firearm law with more to come. We’re seeing great progress. It’s a long slog, and it’s a big fight. We need your support. Make sure you’re a member. You’ll be advised as to what’s going on down in Trenton. They have a full time paid lobbyist. They’re there being vigilant for your rights. Join anjrpc.org today. Be part of the solution by being a member of your great gun rights organization.
Evan Nappen 17:14
If you’re looking for a place to shoot, there’s none better that I can recommend than WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. Very convenient, right off the Parkway. It’s a top of the line range. That’s where I shoot, and my family shoots. We love it there. They will treat you like family. They have great trainers. Great deals and gear and guns and ammo. Everything you need to set you up quite nicely to be able to shoot, to shoot proficiently. Be qualified. Get licensed, everything, soup
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to nuts. You can get it done at WeShoot. You can go to weshootusa.com. They have beautiful photographs. They pride themselves on that. Check out their website.
Evan Nappen 18:06
And you know, we’ve been following along with WeShoot and our connection there with Lieutenant Colonel Mikey Hartman. Lieutenant Colonel Hartman, an Israeli IDF Master Sniper, created the entire firearms training program for the IDF. He’s an amazing hero of Israel in the fight against terrorism. Well, he has an amazing course, by the way, called Elite Marksman, where he teaches the IDF training for rifle. It’s a video, a very detailed video training course that you can watch and learn. You want to subscribe to that and get that course with all the great materials, plus the IDF targets he sends and everything else. He’s really great guy. I love Lieutenant Colonel Hartman. He just an amazing man. Remember to use the promo code, GUNLAWYER, all caps. GUNLAWYER. To get $100 off. He will be coming live, arrangements are being made as we speak through WeShoot. They’re gaining a rifle range to use, and if you’ve purchased that Elite Marksman course, you’ll be able to attend for free to Lieutenant Colonel Hartman’s in person course. He will train all of us directly. He’s going to enhance and refer to his program. You want to have that Elite Marksman course before you go, and he’s going to give us live training. I’m really looking forward to it. When I get the actual date, I will definitely let my listeners know about it. You can also go to weshootusa for more information on that as well. So, check it out at elitemarksman.com. These are great resources that I try to tip you off about.
Evan Nappen 20:11
Of course, the finest resource on New Jersey gun law, as I brag about it, is my book New Jersey Gun Law, the Bible of New Jersey gun law. It’s over 500 pages with 120 topics, all in a question and answer format. It’s the guidebook, the handbook, the manual to stay out of trouble in New Jersey. There’s no other book like it at all, and it’s a labor of love. I put hundreds and hundreds of man hours into writing it, and I keep it up to date. It’ll be a great resource for you. You should all have a copy of it and keep it handy. You can go to EvanNappen.com. EvanNappen.com. That’s my website. You’ll see the big orange book there. Click it, and it’ll take you right to the page so you can order it. You’ll have it in a matter of days. When you get the book, scan the front cover there, the QR code. You can then subscribe for free to my database. I do not distribute that in any way. We put out updates, and you’ll have access to the archives of past updates. So, this way your book stays current. Make sure you get your copy. Talk to anybody that has a copy. They’ll tell you how much they use it. And when you get your copy, one rule, do not loan it out. Because if you do, you’ll never get it back. Boy, I hear that all the time.
Evan Nappen 21:40
Let’s take a look now at some letters. I really enjoy the letters. I love hearing from you folks. This one is from Marcus. Marcus says, regarding outdoor range. I’m an NRA instructor, and it’s getting very hard for me to qualify students at indoor ranges. I was thinking about buying a piece of property so I can train my students in live fire. I think you might say live fire outdoor. I cannot find any information. In which county or town would they let me do such a thing? Can you please point me in the right direction? So, this is tricky because of how the possession works. If you’re going to set up an actual target range, that might be one way, but it has to be arguably authorized. If you’re on your own property, you have an exemption to shoot there, as long as the town doesn’t have an ordinance
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prohibiting discharge. New Jersey State law doesn’t control ranges. It’s more of a town law. So, you want to check on discharge and all that.
Evan Nappen 23:03
Once you set up a range, now, if it’s a personal range, that just means it’s your own personal property. But if a student comes there with a firearm, are you operating it as a public range? Is it an authorized range under the statute? That becomes troublesome, you know, it becomes very fact sensitive. There really isn’t a great way here, unless you get your facts all in a row about the authorization of the range itself, unless you want to actually get a piece of property and get it approved officially by the town as an outdoor range. Now, one thing that may be helpful is this. Keep in mind, if you want to qualify, and we’re talking about CCARE, that can be done with air pistols. Now air pistols are still considered firearms. So, it would still be considered a firing range. However, if the town only prohibits firearms, and they have a town definition of a firearm, maybe it doesn’t include air guns. That’s something. Air guns are also a lot quieter than a powder type firearm that uses cartridges. So, that may be helpful, I don’t know, but it is difficult. This is one of the reasons why I push about people, our resources, with our ranges, particularly WeShoot, because it’s difficult to find places to shoot. I can sympathize, but the law is not very flexible. This is something that really needs to be addressed further by the legislature. But thanks for a great question, Marcus.
Evan Nappen 25:02
Here’s a question from Rich. Rich says, Hello, I listen to your show every week. That’s good as well. You should. Anyway, I have a question about informing a police officer of your Permit to Carry when pulled over. I’m a New Jersey Permit to Carry holder. I understand that a Permit to Carry holder must inform police and show them you have a permit and inform them that you have a concealed handgun if pulled over. Yes, that is correct. You must immediately do that. The question is, do I have to inform and show the police officer the permit if I’m not carrying the handgun with me on that particular day? The answer is no. You only have a Duty to Disclose if you have your handgun loaded, concealed on your person, properly carrying it, when you are pulled over. If you don’t have a gun, there’s nothing to disclose. The disclosure is to disclose that you’re carrying a gun. So, not a problem. There is no need to inform. Now, if you are transporting your gun to the range, not carrying it loaded concealed on your person, but have it cased, unloaded in your trunk or a lock box, etc, then you still have a Duty to Inform the police that you are transporting as well as carrying. If the gun is in your vehicle like that, you still have to tell them, if you have a Permit to Carry a handgun. If you do not have a Permit to Carry a handgun and you are transporting under the old exemptions, going to the target range with your cased and unloaded firearm, you have no obligation to disclose that you have the firearm. If you are carrying your gun illegally, you have no Duty to Disclose that you have a firearm. Only Permit to Carry holders have a Duty to Disclose whether they are carrying their handgun loaded concealed on the person, or whether they are transporting it. That’s how Duty to Disclose works.
Evan Nappen 27:22
I have another letter, and this one is from Jack. Jack is asking a question about one of my loves. I’m not talking about women. I only have one of those. That’s my wife. My other great love, and it says regarding knife laws. Hi, Evan. Question for you. Are switchblade OTF knives, OTF is short for Out The Front knives, legal to possess in your home as part of a collection in NJ without any intent to use for
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self-defense or any intention to carry? Can opening boxes and using it as a tool for everyday house repair tasks be considered a lawful purpose? If not, then how come these are being openly sold at gun shops and places like Home Depot?
Evan Nappen 28:12
So, the switchblade law in New Jersey is really quite a piece of work. I believe the switchblade law has a foot in the grave as far as it being even enforceable now, in light of the trilogy of Heller, Bruen, McDonald, etc, on our Constitutional rights. The problem is that switchblades, which an OTF does fall under that category of a switchblade, because the blade opens automatically by pressure to a button or other device in the handle of the knife, the law divides up. There is what we call the per se section under N.J.S. 2C:39-3, where you cannot possess unless you can. You have the burden of demonstrating that reason, that purpose, etc. They view those as per se prohibited. Switchblade, dagger, Dirk, stiletto, Ballistic Knife, etc. Even slingshot falls under that category. Yes, New Jersey makes possession of a slingshot a felony level offense. You’re looking at 18 months in State Prison for possessing a slingshot in New Jersey. So, Dennis the Menace and Bart Simpson are felons in New Jersey. They put switchblades in that category.
Evan Nappen 29:43
There is a defense built in, but the burden is on you. One thing for sure, you don’t want to be carrying your switchblade. At least until we get the case law finally killing off these idiotic archaic knife laws. There’s another section under 2C:39-5d. which is “other weapons.” That means everything else, not including firearms that are separately prohibited under 2C:39-5. So, 2C:39-5d., the “other weapons” section, also includes knives. But there is an exemption to 2C:39-5d. Under 2C:39-6.e., and all these will be linked on the website to these laws, by the way. Under 2C:39-6.e. possession in your home of “other weapons” and those firearms under the other subsections are exempted. So, the d. charge under 2C:39-5 has a home exemption for possession. The only possible charge for having it in your home is the 39-3 section charge of the per se.
Evan Nappen 31:05
Now, I’ve had a case where a guy had a $25,000 collection of modern automatics. By the way, switchblades are archaic even in the term, but it’s in our law, actually calling them switchblades. The modern term today is automatic knives. I had a guy with a collection of $25,000 in automatic knives, and I was able to show that he was a collector. He subscribed to Blade Magazine. He belonged to a knife collector club and an arms collector club. All these knives had significant collector value, either in their function, design or form, and we were able to show that his manifest lawful purpose was precisely that, collecting. I was able to get the criminal charges dismissed and actually got his collection returned. But even though that’s possible and can be done, I’m sure you don’t want to have to go through that mess. This is why I can’t just give you the green light on yes, you can possess them. Because when you do, you run the risk of having to fight that fight. So, keep that in mind.
Evan Nappen 32:12
Now, for the most part, a lot of the switchblade laws are not vigorously enforced in the United States. As a matter of fact, surprisingly and amazingly in the federal challenge to the Federal Switchblade Act, the actual defense that the U.S. Government used, that at the moment, was actually successful, which
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is just astounding, is saying, well, we don’t enforce the Federal Switchblade Act. (KnifeRights.org) So, this is a moot challenge. This case is not necessary because we don’t actually enforce it. The Court actually bought that. And I’m like, great. As long as they’re not enforcing a law, it stays on the books. Is that how it works? I mean, come on. But that’s still being fought. You can see that there is some reality to enforcement of knife laws. Normally in the world of knives, it’s not as vigorously enforced, but you still have a risk. You still have that risk. I’m not discounting that risk, but I normally don’t see it as aggressive.
Evan Nappen 33:17
Right now, the agenda is guns. Guns. They need to grab all the guns, and they’re working on it, as I’ve been explaining. Once they get rid of all the guns, then they can go after the knives. If you want to see that evolution, just look at the U.K. In the U.K., you see that’s exactly what happened once they stomped out everybody’s gun rights. Now it’s the entire anti-knife campaign, arresting people for knives. The Knife Act. You can’t have pointy kitchen knives. I had a guy at the Blade Show come up to me and said a cop confiscated his Swiss Army classic. The little, teeny Swiss Army that goes on a key ring because he was opening his mail with it in a coffee shop, if you can believe it. The cop said I could arrest you, you know, but instead, just he took it. How nice. He just confiscated his knife and left him with a warning. But this is what they’re dealing with in the UK, and we don’t need their nonsense coming here.
Evan Nappen 34:20
Here in America, we have Knife Rights (KnifeRights.org), which is a phenomenal knife rights organization. I’m counsel to Knife Rights, and they’ve got knife freedom laws passed across the U.S. It began in 2010 when we legalized and repealed all the knife laws in New Hampshire. Since then, many, many more states have done it. They’re challenging the Federal Switchblade Act. We need to repeal New Jersey’s idiotic knife laws, too. But, of course, with the politics in New Jersey, that’s going to be a bit before we can do that. But in the courts, progress is being made. I understand and appreciate your question, and I personally love OTF knives. I think it’s one of the best designs for a switchblade, because out the front is a very interesting knife. The blade stays fully contained in the handle, fully contained, so it’s protected. The spring is under no pressure until you actually use it. When you slide the button, that’s what actually, in some OTF designs, stretches the spring, and then it’s released, throwing the blade out. In other designs, the sliding of the button compresses the spring and then it’s released, throwing the blade out. Then the process is reversed, going backwards to throw the blade back into the handle. So, an OTF can sit in a closed position for years and years and years. The spring will never take a set because the spring is not being utilized until you’re actually running the OTF. That keeps the blade fully concealed so that it doesn’t get messed up, dinged up. You can effectively have a double edged knife because it’s completely covered. You can’t have a double edged knife on a folding knife because the sharp part will be sticking out. Only one edge gets protected by the handle of a knife in a folding knife, but in an OTF, the double edge is completely encapsulated and safe. So, there are a lot of advantages for OTFs, and they’re really a great design. And you know, some of the top makers are Microtech, Benchmade, Heretic, etc. The designs have just come so far, and they’re very exciting and very modern. If any of you ever watched John Wick, you see the effectiveness of OTFs, right?
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Evan Nappen 36:58
Hey, let me tell you the GOFU. This week’s GOFU, which is Gun Owner Fuck Up, and why do we talk about GOFUs? Because these are expensive lessons that you can learn for free and not repeat them. This week’s GOFU wraps right around to the beginning of the show and what the main topic of the show is. How New Jersey seizes guns. How they frequently do it. Their mechanisms for doing it. And if your guns get seized, the GOFU is if you anything that is a problem in your house, any of these things where Jersey has attempted to turn you into a criminal, whether it’s a magazine that holds more rounds, whether it’s some gun they’re intrinsically claiming is an evil black rifle with only one purpose, to kill hundreds of people. You know, whether it’s something that might have a stock that’s not approved, or maybe it doesn’t have a serial number. Oh, my God. You mean a privately made firearm, something Americans have been doing since before the country was a country? Yeah, you know, New Jersey turned that into a felony level offense as well. Then what you see is in the confiscation not only are your rights jeopardized and your ability to have guns jeopardize, but the GOFU is getting a further escalation to New Jersey’s serious gun laws. Even if they don’t criminally prosecute you, they will use the argument that you were in violation of New Jersey gun laws to disenfranchise you of your rights, to take away your guns and take away your rights. Beware, folks! Don’t make that GOFU.
Evan Nappen 38:49
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 38:57
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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About The Host
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Evan Nappen, Esq.
Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.
Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.
As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.
He also provides expert testimony and consultations for defense attorneys across America.
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