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Gun Lawyer

Gun Lawyer

Storytelling, insight, and compelling perspective on Gun Law, Gun Rights, Gun Culture, and Gun Politics in America. Join America’s Gun Lawyer, Renown 2nd Amendment Attorney and Best Selling Author, Evan Nappen, as he pulls back the curtain and takes you behind the scenes for a rare, private inside look at the American Justice and Political System and the trials, tribulations, perils and pitfalls of the changing Gun and Knife Rights in America today. Evan’s passion, quick wit, candid opinions, and engaging personality have made this one of the most popular Gun and Knife Rights Legal podcasts in America.

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Episode 246- Your Tax $ Fund NJ Propaganda Mill

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Gun Lawyer — Episode 246 Transcript

SUMMARY KEYWORDS

New Jersey anti-gun rights, Soros center, gun violence research, taxpayer funding, gun rights suppression, Biden administration, gun laws, flare guns, carry killer law, gun safes, gun boxes, gun control, Second Amendment, gun rights organizations, gun legislation.

SPEAKERS

Teddy Nappen, Speaker 2, Evan Nappen

Evan Nappen 00:15 I’m Evan Nappen.

Teddy Nappen 00:16 And I’m Teddy Nappen.

Evan Nappen 00:18
And welcome to Gun Lawyer. So, New Jersey has funded their anti-gun rights propaganda center, what I call the acronym of SOROS, which is the State Office of Rights Oppression and Suppression. And what this office does is exactly that. It is funded by you, the taxpayer, and it was part of the $58.8 billion spending package that the New Jersey legislature enacted, which includes $3 million of your taxpayer dollars to fund the so-called, what the oppressionists call, the New Jersey Gun Violence Research Center. This is the propaganda arm, and it is the center that is dedicated to taking away and limiting in any way they can come up with the rights, the Constitutional rights, concerning the keep and bear arms amendment that we so cherish.

Evan Nappen 01:40
So, the budget including the $3 million was signed into law by (Governor) Murphy on June 30th. Now there was a whole hoopla, because originally they were actually going to cut a million dollars from this, but the legislators themselves went and said, oh no, no, we can’t do that. We can’t do that. We still have to spend the full $3 million taxpayer dollars on the SOROS center. So, The Trace, believe it or not, The Trace is essentially an anti-gun rights national organization, think tank. They are the folks that are the opposite, if you will, of the gun rights organizations that fight vigorously to defend our rights. We make sure that we read and do what’s called “opposition research”. And it was The Trace that actually brought this out, of course, in a very positive way. The Trace was pleased as punch that New Jersey has done it. In an article from TheTrace.org, it says, as a matter of fact, the article, you can read it yourself, is “Major Gun Violence Research Hub Escapes Crippling Funding Cuts”. (https://www.thetrace.org/2025/07/new-jersey-gun-violence-research-funding/)

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Evan Nappen 03:06
Yes, that’s right. New Jersey has done just that. In a statement to The Trace on July 1, 2025, it says, a spokesperson for Murphy said the governor was pleased to continue funding the center. “From day one, our Administration has remained steadfast in our efforts to create a stronger, fairer, and safer New Jersey . . .” At the expense, of course, of what? Our rights. So, that’s what they do. It doesn’t accomplish their goals at all in terms of what the governor stated, but it sure does fund the anti-rights suppression movement. The spokesman further said to The Trace, “Through the several policies, laws, and initiatives implemented over the past seven and a half years, we have recognized historic lows in gun violence across the state.”

Evan Nappen 04:04
Yeah, like that has anything to do with The Trace or gun laws. Of course, it has nothing to do with it. As a matter of fact, gun crime itself and those statistics deal exclusively with what does and doesn’t get reported. And as they say, statistics are like prisoners of war. They can be tortured to say anything you want. Furthermore, the article states “New Jersey remains a model for how other states can take meaningful action to reduce gun violence, said New Jersey Assemblyman Craig Coughlin, a Democrat. This funding reflects our ongoing commitment to public safety and saving lives.” Yeah, ongoing commitment to funding the suppression of our gun rights and to have a propaganda mill able to do that very thing at the expense of you, the taxpayer, the law-abiding gun owner, who pays taxes to New Jersey. That’s where your money’s going, folks. That’s the state that we live in.

Evan Nappen 05:14
So, this is also important nationally. As I’m sure you should be aware, President Trump has cut funding for all kinds of anti-gun rights suppression activity, including to various agencies that would also go and attempt to fund other Soros-type agencies, you know, where they are going at our rights. And the idea here, with New Jersey being this state funder, is to try to convince other states, of course, to do their own state office of rights oppression and suppression. So, New Jersey is leading the way in the propaganda research area of trying to use these things. They then take these studies and use them to further the agenda legislatively and also in terms of litigation. This is the function of these groups, and what makes it particularly disgusting is that it is using taxpayer dollars to accomplish it. What do you think about that, Teddy?

Teddy Nappen 06:38
Oh, quite frankly, this goes back to the Biden administration with the Gun Violence Prevention Office. They had, if I recall, appointed two members, one of which was out of Giffords, and one of the other Bloomberg-backed groups who was there, appointed into the administration to help deliver the funding to the states, creating their various safe offices. So, be on the lookout. This is not going to just be in New Jersey. There are many states that have safe offices and are looking to add more, because this is how they’ve taken very much the Soros strategy. Start locally and let it grow, and they start harping down on our rights, state by state. It’s cancer that they used to spread.

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Evan Nappen 07:30
And that’s an excellent point. This is their work around because Trump killed the funding to the Biden propaganda office. So, the idea now is go to the states to get the funding to continue their propaganda efforts attacking our rights. This is the new game, and folks need to be aware of this very thing.

Evan Nappen 07:55
Hey, I’d like to also mention that New York Democrats are now targeting flare guns. That’s right, flare guns, folks. They have to find anything that shoots and criminalize it. And in New York, apparently, there was some episode where some juveniles misused a flare gun. So, of course, the answer whenever there’s a single, isolated problem, is to make sure that everybody suffers. This is the legislative philosophy I call of lowest common denominator. You take the lowest problematic thing. Then you make that a modus to suppress rights, and this is what they’re doing in New York. They’re now putting a bill forward to make it unlawful to have sale and distribution of the flare gun to anyone under 21, even though you might want to be out boating younger than that. Well, that’s just too bad. No flare guns for you. You can just die at sea without having any flares to save your life. Then they also have a second bill that they want to add flare gun to the list of weapons in which you can be charged with “criminal possession of a weapon” for anyone who possesses or uses them, “with the intent to harm someone”. Which is always very speculative, isn’t it? So, that these laws can be readily abused on citizens. This is really a non-issue. But of course, anytime they can ban anything that shoots, they want to do it. I grabbed this from the news site called Bearing Arms, and the article is by Cam Edwards. And it’s “New York Dems Now Targeting Flare Guns”. (https://bearingarms.com/camedwards/2025/07/10/new-york-dems-now-targeting-flare-guns-n1229214) Now, interestingly.

Teddy Nappen 10:05
I’m kind of curious, though. Isn’t there, in its if they’re calling there like, an insert that you can put into a flare gun to shoot .22s?

Evan Nappen 10:12
Well, that’s not even an issue here. Because if you do that and make it an actual firearm, but interesting, you know, that is something that does possibly exist. But it isn’t even something they’re mentioning here. New Jersey, by the way, yes, those inserts do exist. New Jersey, by the way, does not, surprisingly, brace yourself, does not yet prohibit flare guns. As a matter of fact, flare guns themselves are defined in New Jersey as a visual distress signal, and it is legal to possess flare guns under Jersey law, under certain exemptions. You can look specifically to N.J.S. 2C:39-6.f.(4), where it says a person may keep and carry a United States Coast Guard approved visual distress signaling device about a private commercial aircraft or boat and transport them to and from such vessel for purpose of installation and repair.

Evan Nappen 11:18
And it further says that the U.S. Coast Guard approved visual distress signaling device, this is under N.J.S. 2C: 58-3(l.), are exempt for the sale and purchase from requiring a handgun purchase permit or a New Jersey Firearms Purchaser ID Card. So, you can buy these without a permit, and you can have them. They need to be Coast Guard, United States Coast Guard, approved, of course, but you can go

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to the marine store in Jersey and acquire said flare guns. I’ve always wondered. You know, there’s lots, I guess, mayhem could always be done with anything, including a flare gun. I just hope nobody ever fires a flare gun into a fireworks store or something. That would be terrible or near a gas station. I mean, those are the kind of things that I guess one could worry about, but banning them isn’t going to stop criminals. You know, criminals aren’t going to care, and this is just another restriction on our rights. But currently in New Jersey, that is the law on flare guns.

Evan Nappen 12:33
Hey, let me tell you about our good friends at WeShoot. WeShoot is a range in Lakewood. It is an indoor range, where Teddy and I shoot and where we got our certifications for our carry. It is just a great range, really state of the art. And they have a fantastic pro shop there, and great trainers, too. Really wonderful people. They treat everybody so well, and WeShoot runs great sales. As a matter of fact, they’re offering a Smith & Wesson M&P9 2.0 in metal, right, a steel version, a metal version of the Smith & Wesson MP9. Then, although it has an aluminum frame, right, of course, the slide would be steel. They’re also offering the Samurai Burnt Bronze Line, which is a sleek and battle-ready AR with a very cool finish on it. You should check that out. And if you want to upgrade your carry gun, they have a Custom P365X Upper, built by WeShoot’ s own in-house gunsmith team. It has a precision barrel, a custom slide and pure performance in every shot.

Evan Nappen 13:52
And then making her return at WeShoot as one of the famous WeShoot girls is Krystina Fernicola. Krystina is a WeShoot girl, model and a fierce defender of American values. You want to check out Krystina. I guarantee you want to do that. You want to go to we Shoot’s website at weshootusa.com, weshootusa.com. You’ll be able to see all about WeShoot. Go there and use the range. It’s a wonderful resource. It’s conveniently right off the Parkway and right in Lakewood. A great resource for Central Jersey, and it’s a wonderful day at we shoot. weshootusa.com.

Evan Nappen 14:44
Let me also mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. (ANJRPC.org)The Association of New Jersey Rifle & Pistol Clubs is an umbrella organization of gun clubs throughout New Jersey, and they have individual members, too. They are the stalwart defender of our gun rights in New Jersey, and they’re the ones currently litigating in Federal court. We recently had some action on our appeals in the federal court, which New Jersey is challenging. The assault firearm ban, the mag ban, and the Carry Killer bill. We should see some more opinions coming out of that as we work our way, most likely, to the U.S. Supreme Court defending New Jersey gun rights.

Evan Nappen 15:28
Also, when you’re a member, you’ll get the email update so you’ll know all the sneaky stuff going on in Trenton. All the gun rights oppression and suppression that Trenton is always trying to do to us. And as you know, the recent victory by the Association in delaying that God-awful package of gun bills that Murphy and the Democrats were trying to shove down our throats that we’ve talked about on the show, that’s been delayed, and they’ve recessed for the summer. So, for the moment, that has been averted from further harming law-abiding New Jersey gun owners. Make sure you belong to the Association of

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New Jersey Rifle & Pistol Clubs at ANJRPC.org. anjrpc.org. Be part of the solution. Make sure you’re a member.

Evan Nappen 16:21
Let me also mention my book, New Jersey Gun Law, the Bible of New Jersey gun law. That is where, my friends, you will learn to protect yourself and not become a GOFU and not end up a victim of New Jersey gun laws. I’ve written it to be very user friendly. I’ve written it in a manner of question and answer on 120 topics so that even you could understand New Jersey gun laws. Go to EvanNappen.com. EvanNappen.com. You’ll see the big orange book. Click it and order your copy today. When you get the book, scan the QR code on the front and make sure you subscribe, for free, to my private database. So, if any of these new laws pass that affect you, you’ll be sent a notice about the new laws. The book stays current. You’ll also have access to the archives. And make sure you download the 2025 Comprehensive Update, which includes a standalone chapter on “sensitive places”. Teddy, tell us about what you have in Press Checks today.

Teddy Nappen 17:34
I want to kind of take a moment just to embrace the power that has come from the fact that the big, beautiful bill, with the removal of the NFA (National Firearms Act) tax. It has finally hit the head of the gun rights oppressors reeling like, oh my God, we are losing this battle. And you can always tell. The way to get your finger on the pulse of what they’re thinking and the realization that they are losing this fight to take away our rights, as always, for us, we look to The Trace. You can get a clear thought process of how they’re thinking and how they’re processing it. And finally, it’s coming together that the hammer Bruen to them is like coming to the realization that it is going to knock out the all the gun laws that they have been pushing for. As we can see here from The Trace, they pushed out this insane article by Chip Brownlee, called “Muskets v. AR-15: Judges Are Throwing Out Gun Restrictions Because Of Antiquated Gun Laws From America’s Founding”. (https://www.thetrace.org/2025/06/gun- laws-history-supreme-court-bruen/)

Evan Nappen 18:51
Oh, you mean, what the Second Amendment was actually about?

Teddy Nappen 18:53 Correct.

Evan Nappen 18:55
I see, I see. Right. Of course, muskets were the AR-15 of the day. I mean.

Teddy Nappen 19:01
Yes, and the reason they are freaking out is that recently, there was a case, going from the article by Chip Brownlee, in Mississippi, where the U.S. District Judge delivered a ruling that was unthinkable. He found that a decade old federal ban on machine guns was unconstitutional.

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Evan Nappen 19:30
Ooooh yeah. And, you know, the machine gun challenge is also tied into the NFA challenge that we’re seeing, and with the removal of taxes from so many of those items. So, what’s great is the pro-gun rights forces are finally taking on machine guns. It’s only been since 1934. But, of course, we needed the trifecta of Heller, McDonald and Bruen, and we are definitely living in exciting times.

Teddy Nappen 20:02
What was very hilarious, though, about this case is the gun that the guy had, he had an AR-15.

Evan Nappen 20:09
Was it full auto? The AR-15?

Teddy Nappen 20:13
Full auto, full auto. But here’s the funny thing. It had a happy switch. Here’s the gun. It was called the NFA Whore. The Whore-16. He actually.

Evan Nappen 20:13
Oh, a Whore-16. It better be 16, at least, right?

Teddy Nappen 20:28
And the happy switch, here’s the three modes.

Evan Nappen 20:32
What are the three modes? Whoa, whoa. Let’s make it clear? What are the three modes of the Whore- 16? Go ahead.

Teddy Nappen 20:40
Yeah. For safe, it’s Mary. For semi-automatic, it’s slut. And for fully automatic, it’s Whore.

Evan Nappen 20:51
Wow, and it’s literally the happy switch.

Teddy Nappen 20:55
Yeah, exactly. And he also had a bunch of the 20.

Evan Nappen 20:59
You know, I think the Whore-16 would probably sell pretty well.

Teddy Nappen 21:03
Yep, but this just, aside from the other insanity that the rifle that was brought out. Reading this article.

Evan Nappen 21:12
Well, wouldn’t it be funny if the Whore-16 is the one that actually kills the machine gun ban, once and for all?

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Teddy Nappen 21:19
I know. That would be. The Whore-16.

Evan Nappen 21:21 Yeah, hey.

Evan Nappen 21:22
Well, it takes time, but it’s effect is definitely working.

Teddy Nappen 21:22
But, reading this article, you see, like they’re learning. They actually have processed it. Like, wait a second, this Bruen thing is actually pretty bad. I remember sitting in and listening to them talk about, like, the early CLEs are like, oh, this won’t have much effect on gun rights, on gun control laws. Really? Really. And now, finally, it’s coming to their realization. All it took was, what is it, three years since Bruen?

Teddy Nappen 21:37
Yeah, but it was very funny. Judge Reeves made it clear that this decision had little to do with the weapons offensive branding or the intensifying public safety threat posed by automatic weapons.

Evan Nappen 22:11
I would think that the left would like that branding. I mean, that’s, you know. I thought they’re, you know. It seems like it’s right up there with what they like. I don’t know.

Teddy Nappen 22:21
But it leans heavily on the Bruen decision, which, in their words, upends the mandate, the mandate that modern gun law regulations align with historical firearm regulations. Suddenly, judges were less arbiters of modern safety and more reluctant, tasked with the findings of 18th, 19th century parallels.

Evan Nappen 22:50
Well, there you go. Isn’t that cute? So, imagine that. They’re more concerned with actual rights than propaganda, where they put the name safety on any kind of ban they want to see stay in place. Okay? They just call things safety that have nothing to do with safety. Do you want to talk about a real safety law? You know, maybe we could really talk about real safety, but when you’re simply using that as a front for your lies. It’s not surprising that we can see truth now and then shine through. It’s actually refreshing, isn’t it?

Teddy Nappen 23:33
Yeah, but what also boggles my mind. We have, I mean, it’s very well established that gun control is racist. All the arguments they have to make about the historical gun laws are racist, and they even point.

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Evan Nappen 23:49
And modern gun laws are racist. We’ve shown exactly how New Jersey gun laws are quantifiably racist.

Teddy Nappen 23:58
Correct, and they point that out in the article, fully knowing that their argument even right here. Undoubtedly, today’s disarmament of religious minorities would be understood as abhorrent, reprehensible, and a violation of the Equal Protection Clause — as it would be categorically disarmament of Blacks and Native Americans, another practice pervasive in our country’s historical tradition. But, considered solely for the limited purpose of a historical inquiry required by Bruen. So, put aside that we are arguing horrible racist laws to make our anti-gun argument work, and you know, realize.

Evan Nappen 24:44
And, you know, the left embraces racism as long as it’s fitting their agenda, and not just with guns. You see the racist left all the time coming out, whether it’s argument here to somehow justify gun laws that themselves modern day have institutionalized racism in them, to other political positions where they’re blatantly racist against certain ethnic groups that they don’t like. We see that all day long. So, the funny thing is, they try to portray the right as racist, but it is truly the left that is. And they are shameless, shameless, when it comes to their embracing of racism when it suits their purposes. Well, Teddy, thank you for pointing that out. I’m sure we’re all very excited about the Whore-16 making head way in the laws. And it is great to see the Whore-16 knocking out laws in the penal code.

Evan Nappen 26:02
Okay, I have a letter here. This is a letter to Ask Evan. This is from Greg, who wants to know if the Recover G7A holster is a legal holster for New Jersey. Now, when you say legal, we’re talking about legal to use with your carry gun, not legal to possess. You can possess them. There are no holster prohibitions in terms of just possessing a holster. But, if you want to use certain holsters when you carry your handgun, Greg is asking about carrying concealed with this specific holster. We have to go to the Murphy Carry Killer law that defines holster. You’ll find that definition in New Jersey’s Carry killer law. If you want to read it for yourself, you’re welcome to do that. You simply go to N.J.S. 2C:58-4 and go to subsection h. And here’s what it says. For purposes of this section, “holster” means a device or sheath that securely retains a handgun, which, at a minimum, conceals and protects the main body of the firearm, maintains the firearm in consistent and accessible position and renders the trigger covered and inaccessible while the handgun is fully seated In the holster.

Evan Nappen 27:40
If one looks at the Recover G7A, you will see that it does meet the first part because it is securely retains the gun. And it does meet the third part about keeping it in a consistent and accessible position. And it does meet the fourth part of it. The requirement where it renders the trigger covered and inaccessible. However, the second part that says conceals and protects the main body of the firearm. Unfortunately, the G7A is a minimalist-type holster, and it does not, in my opinion, adequately meet the requirement under subsection h. for concealing and protecting the main body, because there’s still a substantial portion of the receiver exposed and the entire slide, the bottom of the receiver, the receiver that protrudes forward, and the receiver that protrudes backwards. So, you’re going to be really, really,

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really, having to make some tough arguments there when it comes to that holster. I cannot recommend that you carry using that holster under New Jersey’s current Carry Liller law.

Evan Nappen 29:29
Hey, now is the moment you all been waiting for, which is this week’s GOFU. That’s the Gun Owner Fuck Up. The Gun Owner Fuck Ups are expensive mistakes that gun owners make under the gun laws that you get to learn for free so you don’t make them. And let me tell you about this week’s GOFU. It concerns something that came from actual cases. And it is a tip, some tips, so that you don’t end up having this problem. And here’s what it is. Most of us keep our firearms secured in gun safes. Gun safes are a great modern invention. They allow for you to store your firearms that you’re not using safely and securely. To store them from theft and unauthorized access. Gun safe serve a great, legitimate purpose.

Evan Nappen 30:25
However, a gun safe is often readily identifiable as a gun safe. And if you have a gun safe in your garage, in your basement, or in a bedroom, and you have it proudly displayed, and many of them are quite beautiful. They really do beautiful work to the front of many of the, particularly the higher end, gun safes. They look like, you know, just gorgeous in their colors and finish, and often the decals and the workmanship. And I understand that. But I have to say that I would highly recommend that you hang, what works very well is you hang a blanket that will drape over the front of your gun safe. You can go to like Harbor Freight, and they sell these very powerful round magnets. They’re like, I don’t know, maybe three inches or so in diameter. Get three of those, three or four of those magnets, and you can secure the blanket to the top of your gun safe. It just hangs that blanket or other covering down in front of your gun safe.

Evan Nappen 31:36
So, if anybody happens to be in your house and they look around, you know, a workman, or, most importantly, police that happen to come in your house for something unrelated, for whatever that might reason might be, or medical, EMTs, or government for any reason, comes in your house and they just take a quick glance around, what they’re going to see is the blanket. They will not see what is behind it and not readily identify it as a gun safe. We’ve had cases where things have been observed like that so that individuals know what somebody has in their house. And then I believe they get targeted for confiscation if the opportunity ever knocks to take the guns, because it’s known that there is a gun safe there. So, there would be a pile of guns.

Evan Nappen 32:36
The other thing I would highly advise as a related GOFU is not to have your empty gun boxes lying around or stacked in a way which individuals can readily see that you have gun boxes. Many of us take our guns, hopefully most of us take our guns out of the boxes, and do not store our guns in the safe in the boxes, because of room considerations and considerations of storage, for humidity and protection and also the ability to look at our guns when we want to look at them. So, if you have a pile of empty gun boxes, put your gun boxes in a plastic container. You can go to Home Depot, and they have those black containers with the yellow lids. I’m sure you’ve seen them, or whatever works for you. But don’t leave your gun boxes in the open for anyone that happens to be in your house to see them. It’s also

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good to help avoid theft by either criminals or law enforcement. You don’t want to have yourself out there. You want to keep your firearm possession private and as low key as you can. So, don’t leave gun boxes lying around, stacked and loaded and packed up so folks can see them. You know, stacked up so folks can see that you have lots of gun boxes. That would mean you have lots of guns. And try to have a covering over your gun safe.

Evan Nappen 34:18
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 2 34:32
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

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About The Host

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Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

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Episode 245- Important Gun Law Updates

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Gun Lawyer — Episode 245 Transcript

SUMMARY KEYWORDS

New Jersey gun laws, gun rights, legislative battle, gun bills, summer recess, gun possession penalties, National Firearms Act, Hearing Protection Act, suppressors, short barrel rifles, constitutionality challenge, gun permit denials, institutionalized racism, gun rights suppression, Second Amendment.

SPEAKERS

Speaker 2, Evan Nappen, Teddy Nappen

Evan Nappen 00:15 I’m Evan Nappen.

Teddy Nappen 00:17 And I’m Teddy Nappen.

Evan Nappen 00:19
and welcome to Gun Lawyer. So, I have some important updates to let our beloved listeners know about, both state and federal. As you know, we’ve been deep in the fight in New Jersey over the absurd next batch of gun rights oppression being pushed by Murphy and the Democrats, and we’ve reviewed on the show just how serious and awful these bills are. Well, I actually have some good news to report, at least good news for now, and that is that those gun bills have been stalled as the New Jersey legislature has entered summer recess. So, folks, your important work of contacting legislators, of belonging to the Association of New Jersey Rifle & Pistol Clubs, and responding to the emails. By clicking the buttons and letting the legislators know and making the phone calls, the pressure has been effective. We are stalling this.

Evan Nappen 01:27
Now, of course, it doesn’t kill it. They’ll be back after the recess, and the fight continues because our liberty requires eternal vigilance, as has often been stated. And it’s true, but we can take a moment to be thankful that our efforts have, at the moment, paid off in delaying these atrocities from being placed into law, and that includes the Gulag bills. It also includes the raising of gun possession penalties to the equivalent of murder charges. It includes making a gun accident a felony, a universal felony, virtual and then subjecting you to the Gulag on top of that, etc. The whole package of horrible oppression has been stalled. So, keep up the good work and stay tuned for more updates on the New Jersey battlefront as the fight continues.

Teddy Nappen 02:34 One might.

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Evan Nappen 02:35 Let me give you.

Teddy Nappen 02:36
One might recommend we should endeavor to persevere.

Evan Nappen 02:39
Yeah, yeah, endeavor to persevere, as stated on the famous or in the famous Clint Eastwood movie. But our perseverance is critical to the protection of our rights. I don’t know if at some point we’ll have to take the next steps that the Native Americans took in that movie. But anyway, until then, the fight is on. So, this is what we have to do at the moment. We’re doing good work, and it’s paying off. Make sure that you’re a member of the Association of New Jersey Rifle & Pistol Clubs. That’s ANJRPC.org. They are the state gun rights group, our umbrella organization of gun clubs throughout New Jersey. And as an individual member, you’ll be sent the email alerts as to the shenanigans taking place in Trenton, and you’ll be provided with action that you can very easily take to make a difference. You can fight. You’re not powerless. Join the Association. There’s power in numbers, and you can make a big difference. Please make sure you belong to ANJRPC. You’ll be glad you did, and you’ll know that you’re part of the solution and the great gun rights defender group of New Jersey.

Evan Nappen 04:11
Now let’s switch to federal law. So, you may have been following the big, beautiful bill, and we’ve talked about how there was efforts to relieve us of the oppression, since 1934, under the National Firearms Act (NFA). The bill, if you follow the big, beautiful bill, started in the House in which there was the HPA, the Hearing Protection Act, was put forward because the NFA is a tax law. The National Firearms Act is based in the power of taxation. The original house bill removed the $200 tax, but we wanted it to go further. In the Senate, the Senate bill not only removed the tax and attacked the NFA on silencers, but also included SBRs, short barrel rifles, SBSs, short barrel shotguns and AOW, any other weapons. Not only eliminating the taxes, but also eliminating and repealing those laws themselves.

Evan Nappen 05:32
The Senate version, though passed, was then subject to what is called the “Byrd Bath”. The “Byrd Bath” is where a single unelected bureaucrat known as the Parliamentarian, who has been in that position for over a decade and is a Democrat, big shock, removed from the Senate bill the NFA provisions on the SHORT (Stop Harassing Owners of Rifles Today) Act, which is the SBRs, SBSs, and AOW law and the suppressor laws. The Parliamentarian removed it, saying that it exceeded dealing with taxation, which is a crock of garbage. But, nonetheless, the Senate went back and got an amendment through before they passed their final version that at least removed all the taxes, the $200 taxes and other taxes. All taxes have been reduced to zero for suppressors and SBRs and SBSs and AOWs. Even though the registration paperwork component of the NFA was not repealed, the taxes themselves were eliminated. This is the first time that the National Firearms Act has taken a hit or has been subject to any reform that helps restore gun rights. It’s the removal of a tax on our Second Amendment rights. It is progress.

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Evan Nappen 07:13
Now, look, I wanted the whole thing to go. I’m sure you did, too, but I’m glad to see progress. We lost our rights incrementally. We are going to regain them incrementally. Every step forward is a step forward, and there’s more to it than that. I just received a notice that the Firearm Policy Coalition and the NRA and I believe GOA, as well. But the gun groups, the American Suppressor Association, all right, they’ve joined in attacking, challenging the constitutionality of the NFA. (FirearmsPolicy.org) And according to the FPC, which does great work nationally in bringing court challenges, as well, those other fine organizations do in this. (https://www.firearmspolicy.org/fpc-coalition-of-pro-2a-orgs-to-file- nfa-lawsuit) It notes that quote and I’m going to read from the FPC release, when President Trump signs the one big, beautiful bill which he should have signed by the time you hear this podcast, because it has passed the Senate, and we’re very pleased about that, which will eliminate the excise tax on short barrel rifles, short barrel shotguns and AOWs, he will have delivered the biggest blow to the National Firearm Act since its passage nearly a century ago. We thank President Trump for his leadership and every member of Congress who fought for law-abiding gunowners throughout the reconciliation process. And I second those thanks.

Evan Nappen 08:56
It goes on further to say, by eliminating the excise tax on these NFA items, the one big, beautiful bill will not only lift the heavy burden of an unconstitutional tax on the backs of hardworking Americans, it will serve as a critical step forward toward our ultimate goal of dismantling the NFA once and for all. But there’s much work yet to be done, and while we continue to fight for the total legislative elimination of the NFA, our organizations are proud to stand together in a quote. I’m quoting. I’m putting the quotes. They didn’t have the quotes, but I’m putting the quotes. “. . . new strategic lawsuit to challenge the constitutionality of the NFA in Federal Court.”

Evan Nappen 09:42
So, how do I interpret that? I interpret that, and I haven’t read the lawsuit. I’m just speculating. But I think with good basis that, because there’s an elimination of the tax, how can the paperwork requirement still be valid when there is no more tax? Because, keep in mind, case law has upheld the NFA as being a lawful exercise of the Federal Government’s power of taxation. The NFA is not based on the power of interstate commerce. The 1968 Gun Control Act utilizes interstate commerce power as its basis for that federal law, but the National Firearms Act was enacted based on taxation. It’s the reason why ATF was in the Treasury Department, because it was a tax bill. The Federal Government’s power to enact it was upheld by the court because it was a tax, and now the tax is eliminated. So, the question is, how is that now a proper exercise of government power of taxation when there is no tax? This is a fascinating issue, and I’m sure they’ll raise the straight Second Amendment issues as well, but this also has a constitutional dimension based on Federal Government power to enact laws.

Evan Nappen 11:11
Remember, the Federal Government is limited. Believe it or not. You may be shocked to know that, but it is limited. It has to pass its laws based on federal powers that the Constitution grants it. Those powers are limited to, essentially, military power, taxation power, interstate commerce power, which is quite broad, but not what the NFA is based on, and let’s say, grant and aid with funding and all that jazz. where they take away money and give money and all that. So, those are essentially the powers that we

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see, and those are the things that have been exercised by the Government. For example, in building the Tennessee Valley Authority, the TVA, during and after the depression, it was based on the military power, believe it or not. That’s how the Government rationalized and legitimized their exercise of power to do the Tennessee Valley Authority, because it was necessary to have power so that we could fight the wars and battles and keep our military strong.

Evan Nappen 12:20
So, it has to fall under a federal power. Why? How do we have the interstate roads that we all enjoy driving on? What was the Federal Government’s power to build interstate roads? I’ll tell you, military power. Because under Eisenhower, we needed the interstates so that we could quickly move our vehicles from one place, our military equipment and vehicles, from one place in America to another. What was the basis for the NFA? The power of taxation, and those taxes have now been eliminated. This is exciting to see what we may see come about from these challenges.

Teddy Nappen 13:06
I’d be kind of curious. Has there have been, what would be like, has there been a time where they’ve where the tax was ever removed on something, but still had the regulation? Where they could argue, well, it’s not being paid. So, what is the point of the regulation? Has it been?

Evan Nappen 13:21
You know, I’m not aware of any, because I haven’t researched the tax case element that you raised. But we’ve seen in other aspects of enforcement of laws and laws proceeding if there, for example, is no funding appropriated by Congress. Now, granted that’s funding, not taxation. But if there’s no funding, then the law is considered dead. For example, the Relief from Disabilities that we’ve discussed. What happened with Schumer’s gun rights suppression bill there, where he stopped folks from getting their rights restored for over 30 years? He defunded and said no money can be spent. And the Supreme Court said, well, if no money can be spent, even though the law is on the books, it doesn’t matter. You can’t seek its relief. Well, if that kind of logic applies, at least the argument of that logic there, how can a law be enforced where the money is no longer required, especially when it’s based on a power of taxation? But, Teddy, I don’t know, because I haven’t researched that. But I bet these cases, this lawsuit, is going to have a full explanation of those very questions, and hopefully we’ll see examples. Let me also.

Teddy Nappen 14:42
I will say just for spit balling. I know, there are things that are exempt from taxation. Like, I remember in what was it? I think it was like the Sopranos, where it was the Indian reservations. They had exemptions from taxes. So, one of those would be ways of pointing to, like, is that required of regulation?

Evan Nappen 15:02
Well, this is going to be part of what I believe is their strategic approach here, with a new strategic approach. And I wouldn’t be surprised if that is, in fact, the new strategy. But I’m excited to see when it actually gets filed. Hey, let me point out, and this is from our good friend, John Petrolino, who does great writing. He has an article here, the “Bill Introduced in N.J. to Force Reporting on Permitting Bias.”

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(https://bearingarms.com/john-petrolino/2025/07/01/bill-introduced-in-nj-to-force-reporting-on- permitting-bias-n1229123)John points out that this bill was introduced in New Jersey, and he’s been really doing great writing on this subject. He reported back in May of 2024, with respect to black applicants. This is right from his article. For permits to carry in the Garden State, black applicants are denied more than double white counterparts. Then he points out that a bias watchdog group, Rise Against Hate, expanded that reporting, and when the data was normalized, they found that blacks were denied at a rate of 10 times more than whites.

Evan Nappen 16:15
So, this bill, A5964, has been introduced by Assemblywoman Dawn Fantasia and Assemblyman Robert Auth. The bill is to require the Attorney General to compile and publicly report certain statistics pertaining to permits to carry a handgun and firearm purchaser ID cards. That is great news. We need to call out the institutionalized racism that comes with gun rights suppression. But I would add one thing, and this, apparently, it is really a great idea behind this bill, but there’s something I would suggest adding to this bill. They’re going to be looking at denials of applications and that is absolutely something that needs to be looked at. But one of the other things critical to be looked at.

Evan Nappen 17:02
In addition to denials are the outcomes in the courts. When appeals of denials are filed, every county has its so-called gun judge, where these gun license appeals are held in court, and there you see further institutionalized racism. And I can guarantee you a wide disparity of results in the various county courts. They need to compile the statistics, county by county, and judge by judge, naming names of the appeals and their results. Especially the appeals related to “public health, safety, and welfare”, which is, of course, the all inclusive miscellaneous weasel clause that is particularly used to push the institutionalized racism and unjustly and unfairly and arbitrarily deny and suppress Second Amendment rights. So, to those wonderful sponsors who have gone forward with this bill, and I thank them for that, please add in statistical compilation on the county courts and the results of appeals of carry license denials and firearm and pistol purchase permit denials. But, again, we proceed incrementally with regaining our rights, and I’m glad to see these incremental positive steps.

Evan Nappen 18:30
I’d like to give a quick note about North Carolina. Unfortunately, the legislature there did the right thing and passed constitutional carry where they would have joined the majority of American States, over 70% of the land mass already, which is constitutional carry. But, of course, their Democrat Governor vetoed Constitutional carry. It’s always the Democrats stepping in and stopping further liberty. I hope North Carolinians what’s going on, and they put a Governor in there that respects Second Amendment rights and is looking to expand liberty instead of denying it. It seems like that will have a tough road in the large number of votes required to override the veto. It looks like their best bet is to get rid of the Democrat Governor. And that’s an update on North Carolina.

Teddy Nappen 19:32
Trump won. I think Trump won North Carolina, too. So, are the guys already ruining his chances for re election?

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Evan Nappen 19:41
I hear you, man. I hear you. Let me also mention our good friends at WeShoot. WeShoot is an indoor range at Lakewood, New Jersey. It’s the place where both Teddy and I shoot and where we got our certifications. It is a wonderful range. We love WeShoot. We love the people there, and we love to shoot there. I would highly recommend that you check out WeShoot. You can go to their website at weshootusa.com. WeShoot is not only a great range and have great staff and great training and offer you everything you need there, right there, conveniently off the Parkway right there in Lakewood. But they also have a great pro shop, a great gun shop, and they offer bargains and deals all the time.

Evan Nappen 20:30
Let me just tell you some of the highlights of what WeShoot is offering now. They’re offering an M&P9 M 2.0 Metal. So, that’s the all-metal frame Smith &Wesson, and it is built like a tank. They also have the Kimber Mako R7 OI Tack Pack. It’s optics-included, built for carry, and ready right out of the box. Lightweight, compact and pure Kimber quality. And they have the SIG P365 Rose, designed in collaboration with Lena Miculek. This stunning carry piece blends beauty, precision and confidence. A true EDC gem for those who carry with purpose. Don’t forget at WeShoot, you can see Shannon Leo. She is back showing off the ultra-stylish PackN Heat Pistol Bags, where function meets fashion for the range or your everyday adventures. So, check out Shannon Leo and those PackN Heat pistol bags. They’re really cool, and I think you’ll like seeing them and her. They have great stuff going on at WeShoot. Make sure you check out weshootusa, and check out the great photos that they have. Professional top of the line at their website at weshootusa.com.

Evan Nappen 21:55
Let me also mention my book, New Jersey Gun Law, the Bible of New Jersey gun law. You need to stay safe. You need to stay protected. You need to stay knowledgeable. Make sure you have a copy of my book. It’s 120 topics, all in a question-and-answer format, and it will help you navigate the very treacherous waters of New Jersey gun law. You can go to EvanNappen.com EvanNappen.com. You’ll see the big orange book there. Click on it. You’ll have it in a matter of days. And when you get the book, scan the QR code on the front, and you will be able to subscribe for free to my private database. Subscribers will receive email updates when the laws change and when we win cases. You’re going to be able to access the archives and immediately download the 2025 Comprehensive Update that includes a chapter that is dedicated to explaining sensitive places, a standalone chapter as to where you can and cannot carry. Hey, Teddy, tell us about Press Checks.

Teddy Nappen 23:01
Yes. As we know, Press Checks are always free. And I wanted to kind of commemorate this one, because I think the episode is going to be airing right after fourth of July. As a Happy Fourth of July segment, I wanted to kind of do a quick question. What would be President Donald Trump’s carry gun? And it was an idea. Because, first of all, he can’t possess firearms right now until he gets his record cleared.

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Evan Nappen 23:34
I think he should have a solid gold Desert Eagle 50 that has been signed by Bibi Netanyahu because it’s, of course, made by Israeli, you know, made in Israel, or made by the Israeli company. So, there you go. I think that would be great. And he could call it his personal B2. What do you think of that?

Teddy Nappen 24:04
That’d be pretty funny. I was playing around with like, I remember, I think it was NRA, or one of the others. It was Friends of the NRA, where they did the .45 1911 that they did in honor of Trump. If I recall.

Evan Nappen 24:18
As you know, Teddy, I have collected Trump guns. So, you know, I have an Auto Ordinance Thompson, that is all Trump. .45 for Trump. It’s really cool. I have 1911s honoring Trump, and Glocks honoring Trump. And recently, I got a Bond (Arms) Derringer honoring Trump. The Trump guns are a lot of fun to collect, and you know that Trump guns will always be very valuable. So, those are guns honoring Trump. But I don’t know if Trump would necessarily carry a Trump gun, but he might, you never know. But I think it’s gonna have to be pretty, and it’s gonna have to have some gold in it. Man, it’s got to have gold to be Trumpian, right? Because it’s like golden age and the golden dome, and he’s making America gold. So,this is the thing for him.

Teddy Nappen 25:11
Well, it’s actually pretty funny. I was doing a little research, and I came across this great article. It broke down the Presidents and their carries, like all of them that had like every single one of them. And funny enough, in September 2023 from Duke Center for Firearm Law, it was written by Andrew Willinger. (https://firearmslaw.duke.edu/2024/01/presidential-firearms-part-i) (https://firearmslaw.duke.edu/2024/02/presidential-firearms-part-ii) Apparently Trump was at a South Carolina gun shop and was perusing the firearms to which the media tried to jump on it and say he bought a gun, even though he was currently indicted. One of the things they were circling around is he was looking at the Glocks in particular as one of the things he wanted.

Evan Nappen 25:58
Well, they did make a Trump Glock, you know. They did make one, I saw, not that Glock necessarily, I don’t if it was necessarily authorized by them or not. But I did see Glocks engraved, laser engraved, for Trump. And in fact, I have one of them in my collection. So, it’s pretty cool. But you see, as a convicted felon, this is like insanity, right? That he’s even a convicted felon. That’s got to get tossed on appeal, that BS conviction. But here’s the deal. It does say on a 4473, if you’re under indictment, you cannot acquire a firearm while under indictment. But, of course, I don’t know why President Trump can’t pardon himself or have the justice department do a Relief from Disabilities for himself even, and get a gun. I mean, let’s face it. It’s pretty absurd when the President of the United States is somehow prohibited from having a handgun, but he can launch nuclear weapons. Okay? I mean, it’s about the height of absurdity there.

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Teddy Nappen 27:00
Oh, don’t worry, it’ll get cleared up. But I was also pretty funny. It said currently, Joe Biden has said he owns at least one shotgun, which,

Evan Nappen 27:09
Yeah, well, he’s the one that gives the wonderful advice of just fire two shots

Teddy Nappen 27:14 in the backyard.

Evan Nappen 27:16
What an idiot. What a moron. Do not just fire two shots out your back door or whatever. Don’t do it. Do not do that. I mean, basically anything Biden says or does, just don’t listen to the guy. He has no clue from you know, you can’t own a cannon. Oh yes, you can. To firing two shots. This guy talks about guns. He has zero knowledge about guns, as well as just about everything else. So, it’s just unbelievable. Actually, I have a Biden gun. I have a Biden gun, but it’s a gun that mocks Biden. It was a Rossi, I think .22 that actually mocked Biden. I said, Okay, that is sort of almost a Trump gun, because it’s mocking Biden. So, I thought that was pretty cool.

Teddy Nappen 28:04
Yeah, so, I was kind of going through this whole tour of looking at different presidents and their carries, and funny enough, from the American Riflemen, it was by Philip Reifer, the senior curator at the NRA Museum. (https://www.americanrifleman.org/content/the-guns-of-u-s-presidents/) He wrote up this whole article about the Presidents and their carries, which is to kind of give. I love General George Washington, from his 18th century Flintlock pistols that are currently on display, and they were later, this is really amazing, these pistols were then gifted from his descendant to Andrew Jackson. And now currently sit at Mount Vernon in Virginia, as well as his others were in West Point.

Evan Nappen 28:53
Well, Teddy, you’ve seen my exact reproduction of the George Washington flintlock. I have that hanging up in the man cave, right? Exact reproduction of what George Washington carried, and it’s a very cool gun. It’s a really very handsome Flintlock.

Teddy Nappen 29:13
Yeah. And what I also thought was interesting was Thomas. Now this is you everyone would assume, if you were to take a guess who had the largest gun collection as President? You would just, you know, knee jerk, you would say what? Theodore Roosevelt would probably be your first guess.

Evan Nappen 29:31 Right.

Teddy Nappen 29:31 Apparently, no. Thomas Jefferson.

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Evan Nappen 29:35 I believe it.

Teddy Nappen 29:36
He was the one who loved collecting.

Evan Nappen 29:39
Thomas Jefferson was officially a gun nut like us. I would love to have him on the show and we could talk guns and the Declaration of Independence and all kinds of cool stuff. He was definitely a gun guy. But how many guns did he have? Did you find out how many?

Teddy Nappen 29:39
So, it seemed like I couldn’t get an exact amount. It seemed to have been around over 50, but I couldn’t get.

Evan Nappen 30:03
All right. Good for TJ man.

Teddy Nappen 30:05
But this is the trick. When he was Minister of France, he hung out with the French gun maker named Honore Blanc, who demonstrated how guns could be made via manufacturing identical parts.

Evan Nappen 30:24 Eli Whitney of him.

Teddy Nappen 30:25
Well, funny enough. Jefferson brings this information and eventually brings it over to Eli Whitney to develop the first factory.

Evan Nappen 30:33
How did I guess that? Yeah, first factory.

Teddy Nappen 30:36
He was the one that pushed for the early manufacturing of firearms in the U.S. Thomas Jefferson.

Evan Nappen 30:42
And today, we take it for granted that, you know, our ARs are completely modular, interchangeable parts, all that kind of stuff. But it goes all the way back to someone had to think of it first, and it was really credited to the American innovation, to Eli Whitney. But I didn’t know that Eli Whitney was actually encouraged by a French gun maker and Thomas Jefferson. That’s very interesting.

Teddy Nappen 31:07
Yup, and kind of going over, as I just mentioned there, Andrew Jackson, who, by the way, was in 100 duels.

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Evan Nappen 31:15
Yeah, he was. Do not insult him or his wife, or you are a dead man. You are a dead man. Do not. Yeah, do not f with him. He’s right up there with yeah.

Teddy Nappen 31:28
What’s really messed up is that he used the pistols that were gifted by Lafayette to Washington to kill Charles Dickinson.

Evan Nappen 31:38
Oh, really? Did he? Well, dueling was a serious business, and, you know, honor was not taken lightly, man, so. But you know, the time of dueling, most of time in the code Duello, you didn’t end up in a duel. It was actually designed to avoid the duel and make amends. But if you got to the end of the line with the code, then there was no choice, and you were going to have a shootout. You know, that’s how it worked. So, the code Duello, but that’s very interesting. That’s very interesting about him actually using one of those firearms to take somebody’s life.

Teddy Nappen 32:21
And of course, I gotta mention Theodore Roosevelt, but this one, I thought, is really funny. The great grandson of General Grant gifted Theodore Roosevelt a one as a because he had a he gifted him collection. He knew of his interest in firearms. And actually gifted him like the collection, like some of Grant’s collection.

Evan Nappen 32:48 Wow.

Teddy Nappen 32:48
And including, as this is really what was later given to the NRA headquarters for one of Theodore Roosevelt’s nightstand guns, which was an FN Browning from 1899.

Evan Nappen 33:03
Oh, okay. So, that was one of the first semi-auto pocket pistols. That FN Browning and a gun variant of that was actually used to start World War One.

Teddy Nappen 33:21
Yeah. Well, there you go. Well, hopefully they enjoyed the sandwich shop.

Evan Nappen 33:26
Yeah, that’s right. Yeah. Well, you better explain why you said the sandwich shop. Some folks

Teddy Nappen 33:33
So, in Sarajevo, that was where the man assassinated the Archduke of Ferdinand.

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Evan Nappen 33:40
Now just wait a minute. Wait a minute. You actually went there and stood there. You have. You were really there, right? Tell me about it.

Teddy Nappen 33:50
Well, so, if you go there, what’s really messed up is they actually have a car of the Archduke Ferdinand. Where the car, where he was driving, and you drive up to where he was and you can stand. And they actually engraved into the stone where you could stand, and it was where you stood.

Evan Nappen 34:13
At the spot where the Archduke was bumped off.

Teddy Nappen 34:14
Yes, and so what happened was the assassin spent the entire day trying to get the Archduke, and couldn’t find him. So, he goes in the sandwich shop, and then he looks over and there’s the Archduke. He just runs out and shoots him. And that was it.

Evan Nappen 34:30
Sometimes, opportunity knocks, huh?

Teddy Nappen 34:33
Exactly. Unfortunately, the sandwich shop is gone, but there’s a wonderful museum dedicated to the whole incident. I saw their version. They don’t have the pistol, and I will say your FN is better than the museum’s.

Evan Nappen 34:47
My World War One starter pistol is better conditioned than the one in the museum, huh? Okay, well, it not only started World War One, but it also helped contribute to World War Two. And you know, all this coming to that moment in time there in Sarajevo at the famous bridge. Where you actually stood, pretty cool. So.

Teddy Nappen 35:13
I will say this one I liked a lot. Ronald Reagan. So, there’s this long debate. Supposedly he carried, what one report said from one of his aides was that he was, from a .38 that he had in his briefcase. However, there is a Times articles, an article. (https://time.com/3923183/ronald-reagan-gun/) It was the gun the president kept in his briefcase. It was written by, this is Time Staff, but supposedly it was a .380, sorry, a 1934 Walther PPK .380, which he bought when he was in Des Moines. And he kept that in his briefcase.

Evan Nappen 35:57
Des Moines, Iowa? Huh. That’s pretty interesting. That’s interesting that Reagan had a, was it? A PPK, you said.

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Teddy Nappen 36:09 PPK, Walther PPK. 380.

Evan Nappen 36:13
So, he was influenced by Ian Fleming and James Bond, I guess, you know.

Teddy Nappen 36:18
Yeah. And it was funny. He took that briefcase to the Soviet Union.

Evan Nappen 36:24 With his pistol?

Teddy Nappen 36:25
Yeah, that’s the theory. That’s what the reports say, which is, pretty funny.

Evan Nappen 36:30
I like that. Well, you know, Teddy, I have a gun from Senator Rudman, a Senator from New Hampshire. It was a gun that was his when he was serving as Attorney General. And that was a gun that he talks about in his book, that he kept in Washington, contrary to Washington’s gun ban. He did not give anything about that. He said he was going to have his gun, and this was his gun that he had there. Pretty cool.

Teddy Nappen 37:09
Yeah, I will end it for this then, because you mentioned New Hampshire. Franklin Pierce.

Evan Nappen 37:16
Ah, yes. President Pierce, favorite.

Teddy Nappen 37:21
He was gifted a Colt Model 1851 Navy percussion revolver from Sam Colt.

Evan Nappen 37:30
Nice. Samuel Colt presents.

Teddy Nappen 37:34
Yeah, here’s your revolver. It like by it was, it was an actual like, presented to him like.

Evan Nappen 37:41 That’s sweet.

Teddy Nappen 37:42
It’s amazing, to be handed by the man who invented the Colt revolver. That is crazy.

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Evan Nappen 37:48
Well, that is pretty cool. Well, history is. I love it. And, Teddy, I thank you for doing that special Fourth of July retrospective. We have here some important Ask Evan gun questions, and I think you’ll find these interesting. This is from Joe. Joe says, Hello, Evan. I want to thank you for providing a free source of real information for New Jersey gun owners. Your podcast is priceless. I do have a few questions. Are the Lehigh Xtreme Defender and the Speer Gold Dot G2 legal for carry outside the home in New Jersey? Okay, so, what is the deal with hollow points? Hollow nose, we’ve talked about it. I want to immediately just refer everybody to the State Police website, the FAQ on firearm information. (https://www.nj.gov/njsp/firearms/firearms-faqs.shtml) If you go to Question 20, the State Police say the following. The question says, I’m not a police officer. Are hollow points legal for me to possess? And the State Police say yes. According to N.J.S. 2C:39-3f, 2C:39-3(g)(2), and 2C:39-6f, they are legal to purchase and possess in your home or on land owned or possessed by you, at the gun range, or while traveling to and from such places. Hollow point ammunition is NOT legal for concealed carry in New Jersey. Ammunition lacking a hollow cavity at the tip, such as those with a polymer filling, are not considered to be hollow point ammunition.

Evan Nappen 39:46
So, we have the state police making it clear that rounds like the Hornaday Critical Defense that have a polymer filling, they are not covered by the law. According to the State Police. Police on their website, and they’re the ones empowered to give such advice that if you follow it and they’re proven wrong, you even have a legal defense called ignorance or mistake of law, which we’ve discussed on the show before. So, if you want to see the actual language in writing, there you have it.

Evan Nappen 40:14
Now here we have a question about some specific ammo. We’re talking about Lehigh Xtreme Defender. What is Lehigh Xtreme Defender? What type of bullet is it? And what it says right from the Lehigh here, it says right here. (https://lehighdefense.com/reloading-bullets/xtreme-defense.html) It’s called the Xtreme Penetrator. It uses in its design, what is essentially a monolithic bullet of solid copper that has cuts on the side of it. So, it acts as a penetrator, but it does not have a hollow cavity. The cuts are on the side. It’s not a cavity in the center. It’s not hollow in its nose. It just has a design on the nose, and is a solid copper, except where there are notches cut into the side for the bullet performance. I think, and given what the State Police say about having a hollow cavity, this is where we would argue that it does not have a hollow cavity. But, unfortunately, it’s not specifically named, and it’s not a polymer-filled bullet. So, I don’t think you want to be the test case, even though I believe we have a defense here. I would have to just lean against carrying those only because we have a bit of ambiguity here. So, we’re not as solid as we can be.

Evan Nappen 42:02
However, with the Speer Gold Dot G2, now that round is, and this is from Speer, talks about it. (https://www.speer.com/ammunition/gold-dot/) Their hollow point design has a shallow cavity in the nose of the bullet. However, it’s filled with what is called a durable elastomer. And what is an elastomer, you may ask? Well, if you look it up in the dictionary there, it’s a rubbery material composed of chain- like molecules or polymers that can recover their original shape after being stretched. Aha. So, we have

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a polymer type filling in the cavity that fits what the State Police say are not hollow nose bullets. So, there you go. You can pull that language yourself and read it.

Evan Nappen 43:06
Joe also asked, I want to add a new handgun to my newly acquired New Jersey Permit to Carry. Do I need to submit a form? If so, which one? Yes, the form (S.P.182a) is right on the State Police website (under “Forms to Download” – Permit to Carry). (https://www.nj.gov/njsp/firearms/forms.shtml)It’s there to add any guns you wish to carry. You don’t have to qualify specifically on any particular gun, and so it doesn’t matter. The CCARE tested only your core competency. Just file the form with any guns you wish to carry. It’s very simple. It’s right online. You can find that form right at the State Police website, pretty close to where you can find that FAQ on the State Police website.

Evan Nappen 43:44
And finally, three, if I have a gun in a locked case and secured in my vehicle, is there still a Duty to Disclose if I’m pulled over by an officer? Or does that only apply if it’s on my person? If you have a Permit to Carry, the Duty to Disclose applies whether you are carrying or transporting your gun. You still have a Duty to Disclose, which means, if you’re stopped or detained by law enforcement, you must immediately disclose that you are carrying or transporting your handgun, if you are a Permit to Carry holder. If you are not a Permit to Carry holder, then you do not have a Duty to Disclose. Only Permit to Carry holders have a Duty to Disclose. As a matter of fact, if you’re carrying illegally, you have no Duty to Disclose. But, if you have that carry permit, you have to disclose whether you’re carrying loaded on your person or whether you’re transporting unloaded in your vehicle. That Duty to Disclose is still present.

Evan Nappen 44:38
Now, we have one other question here from Anthony. Anthony is asking what does New Jersey mean by a semi-automatic version of a fully-automatic firearm? I’m specifically trying to buy a B&T tp9 pistol. It’s under a different model name than the B&T MP9. So, I was wondering if it counts as a semi- automatic version of a fully-automatic firearm. The answer to that is yes, it does. It does because the basis of it can be pretty easily demonstrated that it is that, in terms of that the tp9, that you have the what is the select fire version of the MP9. It’s difference being simply select fire where it can go full auto. And the problem here isn’t even just that. Because whether it is or isn’t, you can go to the Attorney General Guidelines, the guidelines we use to test compliancy for whether something is an assault firearm. People do not often speak about the section of the guidelines that talk about semi- automatic pistols.

Evan Nappen 45:53
So, this B&T is a semi-automatic pistol, and here’s what makes a semi-auto pistol compliant or not. It says under Section B., a semi-automatic pistol that has the ability to accept a detachable magazine. And this one does take a detachable magazine. And has at least two of the following. So, number one, an ammunition magazine that attaches to the pistol outside of the grip. Well, here that doesn’t apply because the magazine on the BT does, in fact, go in the grip. Two, a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer. It does have a threaded barrel. Three, a shroud that attaches to, or partially or completely encircles, the barrel and that permits

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the shooter to hold the firearm with the nontrigger hand without being burned. It has that. It has that on the gun. So, you now have two offending features, which would make it, under the AG Guidelines, an assault firearm. Then it further states, manufactured weight of 50 ounces or more. Well, I checked the weight, and the weight of the B&T is under that. It appears to be 46.3 ounces. But then it says a semi- automatic version of an automatic firearm. I think the State would make a pretty strong argument that it is, in fact, based on the one that is a select fire. But, even if that one is found that it isn’t, you still have the other two offending features. So, I’d watch out for the B&T. It’s not going to fly under the guidelines that control New Jersey’s assault firearm law at the moment.

Evan Nappen 47:33
Now, let me talk to you, folks about the segment of the show that we all want to know, and that’s the GOFU. That’s the Gun Owner Fuck Up. That’s where we discuss a mistake, or mistakes, made by gun owners that can be quite costly to them. You get to learn it for free, so you don’t make the mistake. So, here I have somebody who is making a series of GOFUs that could have been problematic, but it really gives a good springboard to understand. First is the person says they did a voluntary registration of a pre 1968 non-serialized .22 rifle. So, first of all, why do you voluntarily register anything? It’s voluntary. You don’t have to register. So, if it’s a voluntary registration, don’t go voluntarily registering anything. Now, you have put yourself on the radar. Luckily, this was done in the 1980s. So, it was done a long time ago. It doesn’t matter about that voluntary registration way back then, that’s all it is.

Evan Nappen 48:38
But then the person is worried now about the ghost gun laws kicking in because of the that not having a serial number. As you may recall, we took care of that issue with the Association of New Jersey Rifle & Pistol Clubs (ANJRPC.org) My good friend and colleague, Dan Schmutter, Scott Bach, and we were able to get the Attorney General to put out guidelines that said that pre198 guns are not covered by the non-serialized ghost gun law. So, it’s a safe gun with no serial number because of that. Remember, millions of guns were originally included, and the good work of our state Association and those that assisted there changed that, including yours truly.

Evan Nappen 49:18
Then the GOFU continues, because he talked about when the registration was done, he noticed there was a wrong model number put on the voluntary registration. Well, don’t worry about that, because that gun ended up getting, as further pointed out, transferred dealer to dealer to a relative in another state. Well, as long as it’s been transferred anyway, it’s a non-issue in New Jersey. It went through dealer to dealer. It’s now lawfully transferred. Putting a wrong model number accidentally way back doesn’t matter at this time, and even if it was intentionally wrong, if it was done way back, then the statute of limitations has long passed. Which would have been five years. So, there’s nothing to worry about.

Evan Nappen 50:02
But as you can see, the series of GOFUs here. If there was something that was a problem in terms of bringing yourself to the attention. Oh, and then I failed to tell you the last kicker, which was this person then emailed New Jersey State Police, asking whether anything they did there’s a problem. So, folks, please don’t do that. If you have issues or problems, talk to an attorney so it stays confidential. Luckily, there is no problem here. The statute of limitations has long run anyway. And the gun was not a

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problem under the ghost gun law anyway, and voluntary registration, luckily didn’t have any effect. And all those things, we can see how any one of these things could cause a problem and escalate to big problems. So, please don’t do GOFUs. If you have a question, talk to an attorney before you take any action. An attorney that knows gun law. Make sure you get the answer. Don’t speculate or guess or think you know what the law says, or think you’re doing right. New Jersey gun laws are notorious for being counter intuitive and for laying traps for the law-abiding citizen. Because what are they about? They’re about disenfranchisement of our rights. They are about suppressing our gun rights. They are about turning law- abiding citizens into criminals. So, that they can not only lose their gun rights, but also not vote. Don’t fall for it.

Evan Nappen 51:32
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 2 51:43
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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Episode 244-Gun Rights Oppressors Coming on Strong

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Gun Lawyer — Episode 244 Transcript

SUMMARY KEYWORDS

Gun rights, reconciliation bill, National Firearms Act, silencers, SBRs, SBSs, Senate parliamentarian, Elizabeth McDonough, Senator Cornyn, Senator Thune, JD Vance, Second Amendment, knife laws, Supreme Court, nationwide injunctions.

SPEAKERS

Evan Nappen, Speaker 2, Teddy Nappen

Evan Nappen 00:15 I’m Evan Nappen.

Teddy Nappen 00:17 and I’m Teddy Nappen.

Evan Nappen 00:18
and welcome to Gun Lawyer. So, the gun rights oppressors are out in full force, and they’re setting us back. It’s a couple steps forward, and then a couple steps back. The battle rages. So, we had gotten into the reconciliation bill, the repeal on the National Firearms Act (NFA) of the, we’ll just call it ban, for lack of a better word, ban on silencers and the ban on SBRs (Short Barrel Rifles) and SBSs (Shot Barrel Shotguns) and AOWs (Any Other Weapons). The repeal was in the bill, but as a reconciliation bill, it only requires a simple majority in which we could avoid cloture, avoid filibuster. You know, that’s where the Democrats who aren’t in power invoke that so that 60 votes is needed in order to get something passed. In this way, the Democrat gun rights oppressors can still stop us from regaining our liberty. And so by putting it in a reconciliation bill, it was excellent, because we could avoid that.

Evan Nappen 01:38
And reconciliation, though, is limited to tax matters. But the beauty of it is that the NFA is a tax law. The National Firearms Act was enacted based on the power of taxation. Yet, every reconciliation bill has to be evaluated by the Senate Parliamentarian, whose name is Elizabeth MacDonough. She is a Democrat who’s been there for well over a decade. And why they don’t can her ass, I have no idea. But she took the party line, and in doing what they call the “Byrd Bath” from Senator Byrd, she ripped out of the reconciliation bill the pro-Second Amendment rights language of the bill. So, that is really a shame. Now it’s not over yet, but we were on a fast track here to get liberty on those issues restored. But now, thanks to Democrats, again, we’re back where we were.

Evan Nappen 02:55
So, at this point, what we’re hoping to see is a couple things. Number one is Senator (John) Cornyn has stated that he’s confident the bill can be amended to eliminate the NFA tax on suppressors, SBRs and all that. But just eliminating the tax may or may not eliminate the registration and that’s the onerous

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part of the infliction on our Second Amendment rights. It’s not just about paying 200 bucks. It’s about the Government regulating, to the degree of discouragement, the acquisition of these items. So, I don’t know if Senator Cornyn’s plan will get us to the goal of the nullification, if you will, of these NFA provisions.

Evan Nappen 03:56
The other attempt, is to get either Senator (John) Thune, who’s of course, the head of the Senate, or better yet, J.D. Vance, to override the ruling by the partisan parliamentarian. But that is somewhat more of a long shot and most likely not going to happen, because the Senate is afraid that if we do that now, that later, if power shifts in the Houses, the Democrats will try to ram through more anti-liberty, more to anti-gun, more anti-rights, more of their progressive insanity agenda, not just on guns and that the Parliamentarian’s ruling needs to be respected. Now, of course, it was always funny is the Republicans, you know, try to enforce and play by these rules, until the Democrats “f” them later, where they don’t play by these rules. So, to worry about the future with this is stupid, because if the Democrats do gain power, they’ll be the ones to actually not follow a Parliamentarian’s recommendations.

Evan Nappen 05:23
We’ve seen them do this in the past. Because cloture, originally, you know that rule, that filibuster rule, applied universally, and it was the Democrats that changed it for judges and changed it for tax things so they could move their agenda. And, you know, when it suits them, they’re happy with it. But Republicans don’t seem to have the balls to do what’s right. And by the way, we have three and a half or more years with President Trump, and he’s turning the country around. So, to be worrying about our potential loss of power down the road is just ridiculous to make that the consideration when it comes to restoring our Second Amendment rights. But yet, here we are.

Evan Nappen 06:13
So, the fight is on, and I would highly recommend that you join the fight. That you join the NRA (National Rifle Association) and GOA (Gun Owners of America) and FPC (Firearm Policy Coalition). I’m a member of every organization I can join, and you should as well. This fight is ongoing. Now, of course, if it is cut out of this bill, if it is cut out of this, it doesn’t mean we can’t try to bring it again later. But then, with the 60 vote majority required, the anti-2A oppressors will have a much better shot at stopping important pro-Second Amendment rights laws from passing. As they always do, they oppose them. So, that’s where we’re looking at. That’s the playing field at the moment. We’ll see what happens. Maybe we can pull a rabbit out of a hat here, and we can still see a victory.

Teddy Nappen 07:15
I would ask just because I’m going to be completely honest, I’ve never heard of what is a Parliamentarian. I’ve never even heard of that job title. Because it seems like, for the fact that it just screwed us out of one of the most pro-gun legislations humanly possible. I mean, I would have put this right after Secretary of State, then, like it’s, if it’s that powerful.

Evan Nappen 07:39
Well, the Parliamentarian is for the Senate, not for the House. And the Parliamentarian’s job, if you will, is to look at a reconciliation bill and remove anything out of it that’s not related to taxation. It’s not part of

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taxes. But here’s where the Parliamentarian is flat out wrong. The NFA is a tax. It is what empowered it. It is the reason for the Miller decision in the 1930s that upheld the NFA. (United States v. Miller, 307 (1939)) The Government said they have the power to tax, and therefore they could tax these items, and that’s how we got a federal gun law. To now say that it’s not a tax flies in the very face of how we’ve suffered under this because it is a tax. So, this is a partisan move by the Parliamentarian. The Senate should appoint their own new Parliamentarian and not deal with a Parliamentarian that is a Democrat that they’ve left in place for over a decade. It’s an absurdity. Then we’d be able to see these things pass. So, the game is afoot, and we’ll see what happens with that.

Evan Nappen 08:52
I would like to point out at least something positive, and that is that the State of Delaware has passed a repeal of their switchblade law. (https://kniferights.org/legislative-update/delaware-switchblade-ban- repeal-knife-law-reform-passes/) It’s actually passed both houses now. It hasn’t been signed into law yet, but we’re hopeful that it will be. It would make Delaware join in the Knife Liberty Movement that I helped to start back in 2010 in New Hampshire. It’s been ongoing. Of course, New Jersey will probably be the last hold out. You know, New Jersey and California, of course. But, even California has automatic knives legal if they’re lower than two inches. But New Jersey is still, of course, stubborn on these things. But every state that we get repealing and eliminating their knife laws makes for a better argument for repealing the Federal Switchblade Act. So, this is really good work by my good friend Todd Rathner, who’s lobbyist for Knife Rights.

Evan Nappen 09:55
And, as you may have heard, Vermont just recently repealed their ban on switchblade knives. So, we keep knocking it out of the park, state by state, on gaining liberty. Because remember, it is the right to keep and bear arms. It’s not the right to keep and bear guns. It’s the right to keep and bear arms, and knives are arms. So, I’m happy to see that progress is being made on that front for the Second Amendment.

Evan Nappen 10:25
Additionally, you may have heard about the big win in the (United States) Supreme Court, where the law fair was being conducted against President Trump’s agenda. They were cherry picking and forum shopping activist judges who were implementing nationwide injunctions over the President’s attempts to govern the country. These little fiefdoms of judges think they’re the President by their unelected positions of being a judge. This has finally been laid to rest in a six to three decision by the Supreme Court that nationwide injunctions are not constitutional and they’re not part of the empowerment of the court. So that is good.

Evan Nappen 11:14
Now some folks you may hear that and say, well, what about when we challenge our gun rights? What about that? What about when we want national injunction there? Well, if you look at the federal actions that have taken place over the recent time, it ends up that when we move for our injunctive relief, it’s not actually nationwide injunctive relief. It is strictly based on just one person and not making a ruling that somehow magically applies to everywhere else in America. It’s been focused primarily on plaintiffs that come in as member organizations. So, if you remember what occurred with pistol braces, for

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example. If you were a member of Gun Owners of America, you were covered by the protection of the injunction. If you’re a member of NRA, they joined it. If you’re a member of certain gun rights groups that became plaintiffs, then their membership got covered. So, even that wasn’t nationwide as just a rule put forward by a lone judge. It was based on the party that was suing and in that case covering memberships.

Evan Nappen 12:28
The other thing is, there still is an availability of class actions. And some of the Democrats are saying, well, that’s what we’re going to do. But class actions are not as easy as bringing these nationwide injunctions where they could cherry pick their judge and get it just to issue with class actions. There’s a lot more to it, and you’ve got to certify the class and all these other things. So, it’ll be a much greater burden for them to even try to do it. It’s definitely a win, but I’m not worried about that win when it comes to protecting our gun rights. We always seem to have these battles that go on and often even when we get injunctions, such as in the New Jersey carry killer case, the appeals court stayed our injunctions so that we’re put in a waiting period anyway. That’s much less likely with these Democrat, you know, suppression issues, where they are suppressing and oppressing the President and his agenda to make America great again, and abusing their power with the last vestige of lawfare and influence that they have in a government that is no longer controlled by Democrats, where the President has been rooting out the Deep State, where the President has been cutting funding to these agencies that were funding the ultra left programs, from protesters down to the lawfare itself. So, we’re making tremendous progress. Elections have consequences, and the Democrats are trying to stop those excellent consequences from occurring. They’ve taken a great punch to their face with this most recent ruling. However.

Teddy Nappen 14:24
I will say from the ruling that I give Justice Amy Coney Barrett, Justice Barrett, credit. You know, there’s been some back and forth on her support, on her supporting Trump, on stuff. But this one, she pulled the Scalise, just like actually, blatantly insulted.

Evan Nappen 14:45 Scalia.

Teddy Nappen 14:45
Jacks. Scalia, oh yeah. Well, yeah, she.

Evan Nappen 14:48
She nuked her, that’s for sure.

Teddy Nappen 14:50 Yeah, it was.

Evan Nappen 14:51
She was calling out her stupidity.

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Teddy Nappen 14:54
It was. We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries worth of precedent.

Evan Nappen 15:02
Other than that, it was brilliant.

Teddy Nappen 15:05
We observe only this. Justice Jackson decries an imperial executive while embracing an imperial judiciary. Oh, my God.

Evan Nappen 15:16
Beautifully said. Yeah, good pick for Amy Coney Barrett, yeah. Well, this is the thing. So, at least things are lining up way better to make America the greatest, strongest, best country after four years of suffering under the senile sock puppet. So, now, however, back at home, we have serious problems, and our serious problems are the New Jersey Senate Democrats. They’re pushing as well as with the House that has already pushed this package of atrocious bills. I’ve discussed them in detail, but let me just give you a quick review, because you need to contact your Senate members and tell them to oppose all the new gun bills. They’re trying to fast track it and get it passed. This is terrible. They’re attacking our rights, and the oppression is in full bore, full bloom, and is amazingly serious with the things they’re trying to do. They are trying to incarcerate all of us and turn us into criminals. And that’s not an exaggeration.

Evan Nappen 16:22
So, let me just review with you the list of bills and give you some summaries of the evil that the other side is trying to get passed in New Jersey. One is S3894. Now that bill creates a crime for a simple possession of digital instructions to illegally manufacture firearms or components. It makes it a crime. Even if you never make a gun or component, simply having the digital file on your computer will and can result in a charge that is a high level felony charge against you. Then there’s S3895 that establishes a crime of reckless discharge. And what it does is it makes it a crime for anyone who discharges a firearm, even accidentally. Because unless the discharge is for a lawful purpose and accidents aren’t that, then and by the way, that’s just an affirmative defense. Even if you can claim it was a lawful purpose, such as in self-defense.

Evan Nappen 17:37
This is really bad, because the bill presents itself as being a disorderly person’s offense. You know, what New Jersey calls their misdemeanors. But don’t fall for that, because it’s not a misdemeanor. If it occurs within 100 feet of a dwelling, it is a felony, and as a felony, you’ll be charged accordingly. You can be disenfranchised and completely lose your gun rights, and you can go to State Prison for a commission of a felony. Not to mention that you’re going to be thrown to the Gulag, the Gun Owner Gulag, where we are going to have to fight just to get you out of jail pending your trial because of New Jersey’s elimination of bail, as we’ve discussed on the show. So, this is adding even more peril to every gun owner in New Jersey. Just imagine if every traffic accident, no matter how minor, you know, a fender bender you may have, that any party to a car accident is going to get charged with a crime.

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Imagine how many crimes would be charged on every single car accident. Well, an accident with a gun is the same as an accident with a car, an accident. It’s an accident. But they’re criminalizing accidents in New Jersey.

Evan Nappen 18:57
Then there’s S3896, and this bill is another attempt at criminalizing a lawful self-defense with a firearm. And this is what we’re calling the Gulag bill as well. They’re just hammering us to try to keep us incarcerated. It’s just as we reviewed in the last show. Then there’s S3706 which mandates the use of merchant category codes. So, anybody selling firearms and ammo will have to be coded so that the Government can track these sales and know who’s purchased what. Then there’s a big enhancement to the Gun Owner Gulag under S3900 and that bill allows imprisonment before trial for just an unlimited amount of time when someone is accused of any use or possession firearm offense. There is a forced recommendation of “no release” that must be made. And we discussed that one in detail. These bills are alive and well and heading toward becoming law in New Jersey.

Evan Nappen 20:26
Finally, there’s prohibition on devices that might convert a semi-auto to full-auto, and full-auto is already prohibited in New Jersey. This is unnecessary, but there you go, and it can cause even further jeopardy. They’re looking to incarcerate and criminalize every gun owner. This is a just a terrible situation getting worse and worse for New Jersey, and you have to be aware of this.

Evan Nappen 21:01
The Association of New Jersey Rifle & Pistol Clubs is fighting this. As a matter of fact, the bills that I just reviewed with you came from their alert. (https://www.anjrpc.org/page/KeepOpposingNJGunBillsNow) If you are a member of The Association New Jersey Rifle & Pistol Clubs, you would have received that alert. They have the buttons there for you to push so you can notify your legislators to fight it. They keep you aware of these legislative battles. It’s very important that you be a member of the Association of New Jersey Rifle & Pistol Clubs (https://www.anjrpc.org/) You’ll also be helping in our fight, in litigating the horrible gun laws in Jersey, from the carry killer bill to the assault firearm ban, to the large capacity magazine and others. Your Association, your state Association, is fighting hard on all fronts in a very, very difficult and tough environment known as the Democratic People’s Republic of New Jersey. They need your help. They need your support. You need to be a member. Go to https://www.anjrpc.org/.org and make sure you join today.

Evan Nappen 22:09
I also want to talk about our good friends at WeShoot, which is an indoor range in Lakewood. It’s the range that Teddy and I both shoot at and got our certifications at. You’ll love it at WeShoot. They are right there, conveniently off the Parkway in Lakewood. And this week, they have some pretty cool specials that I want to mention to you. They’re offering the OA 2311, which is a full size pro elite. It’s a 2011-style performance pistol built for speed, precision and dominance. I love those 2011-type setups. They’re really cool. I know you will, too. They also have a Mossberg 590R Breacher, and that’s a 12 gauge mag-fed shotgun with breacher-ready to blow through doors. It’s tactical, aggressive and built to handle whatever you throw at it. As a 590, it is a pump action. It is not an assault firearm in New Jersey. It is completely lawful to have a Mossberg 590. The Marlin 1895 SBL is a classic lever action which is

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made of stainless steel, and it fires a .45-70 cartridge. It’s very powerful, and I love the Marlin 1895 series. I’ve used mine, and so has Teddy. He used his to hunt bears. That’s the gun that saved my life when I was actually charged by a bear in the stand. So, I’m a big fan of the 1895 Marlin. That .45-70 cartridge packs a wallop, and you can get ammo from buffalo, boar and garret cartridges that are super hard cast. Just little freight trains that come out of that gun and that can basically take down anything on the planet. So, if you want a great gun that’s reliable, that’s solid, that’s super powerful. And just as an aside, it was the gun used in Jurassic Park. Teddy, who was carrying that 1895 gun in Jurassic Park? Who was that actor? You know.

Teddy Nappen 24:19
It was Chris Pratt, and that was Jurassic World.

Evan Nappen 24:23
There you go. My cinephile son, Teddy, who knows movies inside out. And I said, great. Do you know what? That is actually the best gun to use on dinosaurs, as well. So, I would highly recommend that if you feel threatened by dinosaurs, that Mr. Pratt there made an excellent choice as well. And you can pick up your dinosaur shooter at WeShoot. They have the Marlins there. Also, as just a little tip. If you check out the WeShoot website, you will see that they are featuring Sharol. She is one of the WeShoot girls, and she’s there posing with guns. And if you like to look at beautiful women and guns, then you will be quite satisfied going there and checking them out. weshootusa.com. Go to weshootusa.com for all your guns and training and range requirements. They are excellent, and I give them my highest recommendation.

Evan Nappen 25:30
As I also shamelessly give my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law, and it is a book used by, well, everybody that wants to know about New Jersey gun law. It’s 120 topics, all in a question-and-answer format. I made it user friendly. You can get the book at EvanNappen.com. You’ll see the big orange book. Just click it, and order it. You’ll have it in a matter of days. And scan the front cover for the QR code. It’ll send you right to my free and private subscriber database. You can join there, and I’ll send you out alerts when the laws change. And look, some of these changes are coming down. As soon as they pass, I’ll be explaining them and telling you what you need to know. So, you’ll be getting updated, and your book stays current. Plus, you’ll be able to access the archives, and you’ll be able to pull the 2025 Comprehensive Update which updates everything to date. This way you stay on top of these insane gun laws of New Jersey. That’s my calling in life, to do that. So, go to EvanNappen.com. Hey, Teddy, what do you have for us in Press Checks today? Which we all know are free.

Teddy Nappen 26:39
Again, kind of talking about the anti-gun movement. They always seem to find any chance they get to just do a little bit of blood dance, even in their own. As coming from Bearing Arms, many people may know about the assassination in Minnesota of the state representative and the attempted assassination on the state senator, and I believe, also his wife, as I recall. (https://bearingarms.com/tomknighton/2025/06/24/author-stephen-king-spins-anti-gun-fiction-in- minnesota-assassination-n1229039) But one of the most infamous anti-gunners, known as Stephen

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King, decided to go on X and to post about calling Vance Boelter, the shooter, is clearly as nutty as a fruitcake. The real culprit is the gun he used.

Evan Nappen 27:02
Of course, it’s the gun. Oh, course. It’s not a maniac or a mentally deranged person or a criminal. It’s the gun. Oh, how simplistic.

Teddy Nappen 27:41
Yeah, I love his line in it. Stephen said, “Nuts are gonna do nutty, violent things, and guns are easily obtainable.” So, just to take a step back there. Nuts are gonna do nutty, violent things. Well, if that’s true, why are you blaming the firearm? If you know full well that evil people are always going to find ways of doing evil acts, yet you still blame the firearm. What’s the one line? You played yourself. But.

Evan Nappen 28:14
Actually, it’s more likely to blame stories that glorify maniac violence. That would probably have a little more influence, even, than a claim of guns. He should get out there and say, hey, my books are a problem. Tell me. I bet he had one, Teddy. What’s his famous book that you trace to just like every school shooting, too, or thereabouts. Like, what is it?

Teddy Nappen 28:42
Yes, well, just to establish it. Stephen King is an established anti-gunner. He’s donated to the Coalition for a Safer Maine, as from the CBS article. (https://www.cbsnews.com/news/stephen-king-donates-to- maine-gun-control-coalition/) I love how he always has to say, I’m a gun owner, but I support gun control. He always says that he, like, just bought a pistol just to make say, have that like safeguard of saying, oh, I’m a gun owner. So, not only are you an elitist, but you’re also a hypocrite. But going from that is what you were leading to. For many of you, you may be familiar with Stephen King on many of his books, a lot of his horror, a lot of his movies. However, there is one book he has done his best to bury. That is the book known as “Rage”. This is from “the-line-up of banned Stephen King books. (https://the-line-up.com/banned-stephen-king-books) For those of you who may not be aware of “Rage”, he was so much ashamed of the book, he didn’t even use his name. He used a pen name – Richard Bachman.

Evan Nappen 29:38
Well, that’s why wasn’t he. That’s maybe one of the reasons he changed his name, his pen name, from Bachman.

Teddy Nappen 29:45
So, not only is he a coward, where he doesn’t even own up to the book. Though, the book is about this protagonist, known as Charlie Decker, a high school student who is reprimanded for his violent behavior. He is expelled, and then one thing leads to another. It leads a vivid portrayal of him going on a killing spree in the school.

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Evan Nappen 30:05
A school shooting. Shooting up a school. Oh, my, and this was before there was any rash of school shootings that he wrote this.

Teddy Nappen 30:16 Yes.

Evan Nappen 30:16
And how many school shooters have mentioned anything about that book being an influence on them? Any of them? Have anyone?

Teddy Nappen 30:24
Many, in fact. In fact, coming from Fox News, they actually cite to many of the school shooters. (https://www.foxnews.com/entertainment/why-stephen-kings-school-shooter-book-rage-is-out-of-print- and-a-copy-costs-500) It goes all the way back to 1997 in the Heath High School in Kentucky, where 14 year old Michael Carneal brought three guns to school and opened fire on a group of students. And sure enough, the police later discovered a copy of “Rage” in his locker. It was the fourth school gun violence incident traced to Stephen King’s now out of print book. In 1996, 14-year-old Barry Dale Loukaitis killed his Algebra teacher and tried to take hostages, allegedly claiming he was inspired by the book “Rage” and modeled his life.

Evan Nappen 30:47
He flat out admitted it. There you go.

Teddy Nappen 30:50
In 1989, seventeen year old Dustin Pierce took a classroom of 11 students hostage, and he was trying to recreate the plot of “Rage”. After a nine hour standoff, he surrendered. This is just one of many of inspirations. By the way.

Evan Nappen 31:24
This guy is not just a hypocrite. He’s one of the inspirations to the very shooters. It’s just outrageous.

Teddy Nappen 31:34
Yes, and also, it wasn’t until the Newtown shooting that he officially pulled the book. And then I love his whole argument. I love how he said, like, he leans on, I’m a First Amendment advocate. Oh, you’re an advocate of the Constitution. Why not be an advocate of the Second Amendment as well? And actually go after and call out evil behavior, doing evil acts.

Evan Nappen 31:57
Right. And then he might even be able to use that argument to say, look, I wrote a book. But there are nuts out there that try to make a horror fiction a reality. Just like there are nuts out there that use guns improperly. There are nuts out there that take on fiction of horror and make it into a false reality. Therefore, he could actually be consistent. But no, but no. He doesn’t do that.

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Teddy Nappen 32:29
Yeah, and I always love how well they try to float the argument where they try to, like, draw that violence away. Like, no, no, books and movies don’t inspire violence. Guns. Guns create violence. Really? So, you’re saying nutty people. Where do they get the ideas from?

Teddy Nappen 32:46
What was the one Stephen King book where it was the car running people over?

Evan Nappen 32:46
Well, Teddy, wait now. Just yesterday, I saw a gun all by itself, run out of into the road, and just shoot somebody. All by itself. These guns are out of control. Someone’s got to do something about them. Because they just go all around shooting people by themselves. I don’t know how they got programmed. It’s amazing.

Evan Nappen 33:11
Maybe that’s it. Maybe only in his books guns do that? Like Chris. What is Christine or Christie? Whatever. “Carrie”. Yeah, well.

Teddy Nappen 33:21
It was a Misery where he has that, too.

Evan Nappen 33:23
It was Misery. That was a different one that he did. You could ask James Khan about that one, right? But this is pretty crazy. But I guess if a gun is haunted and it’s a Stephen King haunted gun, that goes around shooting individuals, then number one, what he’s saying would be true. And number two, that would be the only ghost gun I would agree to ban. That haunted gun that goes around shooting individuals by themselves. That would be a true ghost gun that we should not have around. Because nothing’s worse than a gun independently going around shooting in Maine.

Teddy Nappen 34:03
I will say we did have the haunted gun collection case. So, that was always.

Evan Nappen 34:08
Well, that’s true. We did have that case, but they weren’t using the guns. The spirits were. They just, they were, yeah, that was crazy. That was one crazy case. Yeah, I hear you, man. Hey, I could do like a competition to Stephen King called “The Haunted Gun Collection” and write a whole thing about how that works, right? It could really expand on that theme, Teddy.

Teddy Nappen 34:31
Also, if anyone is a collector of banned books, a copy of “Rage” does go for $500. So, if you want to find one.

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Evan Nappen 34:39
Well, if you’re at flea markets, look for Richard Bachman’s “Rage”. But don’t let any children read it, though. We don’t want them getting bad ideas, I guess. But hey, you know, Teddy I want to tell you about this week’s GOFU, which is the Gun Owner Fuck Up. We love to talk about GOFUs, because these are expensive lessons that individuals have learned, and you get to learn for free. This week’s GOFU concerns knowing how much ammo you have on your person. And what I mean by that is this. If you are carrying your gun, you have magazines and ammo. Then if you wish to unload your gun, either to, let’s say, comply with a “sensitive place”, or maybe you need to travel and declare it going thru the airport and all these things, keep track of your amount of ammo. An easy way to do this is to make sure you carry your ammo and/or spare ammo, and the ammo that you’ve loaded your magazines with, in one of those MTM plastic ammo boxes or in the original factory box, in which each round fills a hole or a slot in the box.

Evan Nappen 36:00
So, let’s say you get one of those 50 round MTM cases, and you’ve unloaded your gun. But you notice, hey, wait a minute, one of the slots doesn’t have a round in it? Now that’s a warning to you that you may have left around in a magazine or in the chamber of the gun or something like that. It ends up being a nice safeguard against forgetting a round when you think you may have unloaded. And this could become very important if you’re relying upon transporting or declaring your gun is unloaded, or any of those kind of things and suddenly it’s not because you missed a round. So, this confirms your ammo round count. We’ve had cases that came from individuals who unfortunately thought that a firearm did not contain ammunition, and next thing you know, they’re in a world of trouble. So, it’s a good tip when you store your ammo. Store it in a box or container that keeps the count of ammo readily visible.

Evan Nappen 37:10
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 2 37:23
Gun Lawyer is a Counter Think 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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Gun Lawyer — Episode 244 Transcript

SUMMARY KEYWORDS

Gun rights, reconciliation bill, National Firearms Act, silencers, SBRs, SBSs, Senate parliamentarian, Elizabeth McDonough, Senator Cornyn, Senator Thune, JD Vance, Second Amendment, knife laws, Supreme Court, nationwide injunctions.

SPEAKERS

Evan Nappen, Speaker 2, Teddy Nappen

Evan Nappen 00:15 I’m Evan Nappen.

Teddy Nappen 00:17 and I’m Teddy Nappen.

Evan Nappen 00:18
and welcome to Gun Lawyer. So, the gun rights oppressors are out in full force, and they’re setting us back. It’s a couple steps forward, and then a couple steps back. The battle rages. So, we had gotten into the reconciliation bill, the repeal on the National Firearms Act (NFA) of the, we’ll just call it ban, for lack of a better word, ban on silencers and the ban on SBRs (Short Barrel Rifles) and SBSs (Shot Barrel Shotguns) and AOWs (Any Other Weapons). The repeal was in the bill, but as a reconciliation bill, it only requires a simple majority in which we could avoid cloture, avoid filibuster. You know, that’s where the Democrats who aren’t in power invoke that so that 60 votes is needed in order to get something passed. In this way, the Democrat gun rights oppressors can still stop us from regaining our liberty. And so by putting it in a reconciliation bill, it was excellent, because we could avoid that.

Evan Nappen 01:38
And reconciliation, though, is limited to tax matters. But the beauty of it is that the NFA is a tax law. The National Firearms Act was enacted based on the power of taxation. Yet, every reconciliation bill has to be evaluated by the Senate Parliamentarian, whose name is Elizabeth MacDonough. She is a Democrat who’s been there for well over a decade. And why they don’t can her ass, I have no idea. But she took the party line, and in doing what they call the “Byrd Bath” from Senator Byrd, she ripped out of the reconciliation bill the pro-Second Amendment rights language of the bill. So, that is really a shame. Now it’s not over yet, but we were on a fast track here to get liberty on those issues restored. But now, thanks to Democrats, again, we’re back where we were.

Evan Nappen 02:55
So, at this point, what we’re hoping to see is a couple things. Number one is Senator (John) Cornyn has stated that he’s confident the bill can be amended to eliminate the NFA tax on suppressors, SBRs and all that. But just eliminating the tax may or may not eliminate the registration and that’s the onerous

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part of the infliction on our Second Amendment rights. It’s not just about paying 200 bucks. It’s about the Government regulating, to the degree of discouragement, the acquisition of these items. So, I don’t know if Senator Cornyn’s plan will get us to the goal of the nullification, if you will, of these NFA provisions.

Evan Nappen 03:56
The other attempt, is to get either Senator (John) Thune, who’s of course, the head of the Senate, or better yet, J.D. Vance, to override the ruling by the partisan parliamentarian. But that is somewhat more of a long shot and most likely not going to happen, because the Senate is afraid that if we do that now, that later, if power shifts in the Houses, the Democrats will try to ram through more anti-liberty, more to anti-gun, more anti-rights, more of their progressive insanity agenda, not just on guns and that the Parliamentarian’s ruling needs to be respected. Now, of course, it was always funny is the Republicans, you know, try to enforce and play by these rules, until the Democrats “f” them later, where they don’t play by these rules. So, to worry about the future with this is stupid, because if the Democrats do gain power, they’ll be the ones to actually not follow a Parliamentarian’s recommendations.

Evan Nappen 05:23
We’ve seen them do this in the past. Because cloture, originally, you know that rule, that filibuster rule, applied universally, and it was the Democrats that changed it for judges and changed it for tax things so they could move their agenda. And, you know, when it suits them, they’re happy with it. But Republicans don’t seem to have the balls to do what’s right. And by the way, we have three and a half or more years with President Trump, and he’s turning the country around. So, to be worrying about our potential loss of power down the road is just ridiculous to make that the consideration when it comes to restoring our Second Amendment rights. But yet, here we are.

Evan Nappen 06:13
So, the fight is on, and I would highly recommend that you join the fight. That you join the NRA (National Rifle Association) and GOA (Gun Owners of America) and FPC (Firearm Policy Coalition). I’m a member of every organization I can join, and you should as well. This fight is ongoing. Now, of course, if it is cut out of this bill, if it is cut out of this, it doesn’t mean we can’t try to bring it again later. But then, with the 60 vote majority required, the anti-2A oppressors will have a much better shot at stopping important pro-Second Amendment rights laws from passing. As they always do, they oppose them. So, that’s where we’re looking at. That’s the playing field at the moment. We’ll see what happens. Maybe we can pull a rabbit out of a hat here, and we can still see a victory.

Teddy Nappen 07:15
I would ask just because I’m going to be completely honest, I’ve never heard of what is a Parliamentarian. I’ve never even heard of that job title. Because it seems like, for the fact that it just screwed us out of one of the most pro-gun legislations humanly possible. I mean, I would have put this right after Secretary of State, then, like it’s, if it’s that powerful.

Evan Nappen 07:39
Well, the Parliamentarian is for the Senate, not for the House. And the Parliamentarian’s job, if you will, is to look at a reconciliation bill and remove anything out of it that’s not related to taxation. It’s not part of

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taxes. But here’s where the Parliamentarian is flat out wrong. The NFA is a tax. It is what empowered it. It is the reason for the Miller decision in the 1930s that upheld the NFA. (United States v. Miller, 307 (1939)) The Government said they have the power to tax, and therefore they could tax these items, and that’s how we got a federal gun law. To now say that it’s not a tax flies in the very face of how we’ve suffered under this because it is a tax. So, this is a partisan move by the Parliamentarian. The Senate should appoint their own new Parliamentarian and not deal with a Parliamentarian that is a Democrat that they’ve left in place for over a decade. It’s an absurdity. Then we’d be able to see these things pass. So, the game is afoot, and we’ll see what happens with that.

Evan Nappen 08:52
I would like to point out at least something positive, and that is that the State of Delaware has passed a repeal of their switchblade law. (https://kniferights.org/legislative-update/delaware-switchblade-ban- repeal-knife-law-reform-passes/) It’s actually passed both houses now. It hasn’t been signed into law yet, but we’re hopeful that it will be. It would make Delaware join in the Knife Liberty Movement that I helped to start back in 2010 in New Hampshire. It’s been ongoing. Of course, New Jersey will probably be the last hold out. You know, New Jersey and California, of course. But, even California has automatic knives legal if they’re lower than two inches. But New Jersey is still, of course, stubborn on these things. But every state that we get repealing and eliminating their knife laws makes for a better argument for repealing the Federal Switchblade Act. So, this is really good work by my good friend Todd Rathner, who’s lobbyist for Knife Rights.

Evan Nappen 09:55
And, as you may have heard, Vermont just recently repealed their ban on switchblade knives. So, we keep knocking it out of the park, state by state, on gaining liberty. Because remember, it is the right to keep and bear arms. It’s not the right to keep and bear guns. It’s the right to keep and bear arms, and knives are arms. So, I’m happy to see that progress is being made on that front for the Second Amendment.

Evan Nappen 10:25
Additionally, you may have heard about the big win in the (United States) Supreme Court, where the law fair was being conducted against President Trump’s agenda. They were cherry picking and forum shopping activist judges who were implementing nationwide injunctions over the President’s attempts to govern the country. These little fiefdoms of judges think they’re the President by their unelected positions of being a judge. This has finally been laid to rest in a six to three decision by the Supreme Court that nationwide injunctions are not constitutional and they’re not part of the empowerment of the court. So that is good.

Evan Nappen 11:14
Now some folks you may hear that and say, well, what about when we challenge our gun rights? What about that? What about when we want national injunction there? Well, if you look at the federal actions that have taken place over the recent time, it ends up that when we move for our injunctive relief, it’s not actually nationwide injunctive relief. It is strictly based on just one person and not making a ruling that somehow magically applies to everywhere else in America. It’s been focused primarily on plaintiffs that come in as member organizations. So, if you remember what occurred with pistol braces, for

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example. If you were a member of Gun Owners of America, you were covered by the protection of the injunction. If you’re a member of NRA, they joined it. If you’re a member of certain gun rights groups that became plaintiffs, then their membership got covered. So, even that wasn’t nationwide as just a rule put forward by a lone judge. It was based on the party that was suing and in that case covering memberships.

Evan Nappen 12:28
The other thing is, there still is an availability of class actions. And some of the Democrats are saying, well, that’s what we’re going to do. But class actions are not as easy as bringing these nationwide injunctions where they could cherry pick their judge and get it just to issue with class actions. There’s a lot more to it, and you’ve got to certify the class and all these other things. So, it’ll be a much greater burden for them to even try to do it. It’s definitely a win, but I’m not worried about that win when it comes to protecting our gun rights. We always seem to have these battles that go on and often even when we get injunctions, such as in the New Jersey carry killer case, the appeals court stayed our injunctions so that we’re put in a waiting period anyway. That’s much less likely with these Democrat, you know, suppression issues, where they are suppressing and oppressing the President and his agenda to make America great again, and abusing their power with the last vestige of lawfare and influence that they have in a government that is no longer controlled by Democrats, where the President has been rooting out the Deep State, where the President has been cutting funding to these agencies that were funding the ultra left programs, from protesters down to the lawfare itself. So, we’re making tremendous progress. Elections have consequences, and the Democrats are trying to stop those excellent consequences from occurring. They’ve taken a great punch to their face with this most recent ruling. However.

Teddy Nappen 14:24
I will say from the ruling that I give Justice Amy Coney Barrett, Justice Barrett, credit. You know, there’s been some back and forth on her support, on her supporting Trump, on stuff. But this one, she pulled the Scalise, just like actually, blatantly insulted.

Evan Nappen 14:45 Scalia.

Teddy Nappen 14:45
Jacks. Scalia, oh yeah. Well, yeah, she.

Evan Nappen 14:48
She nuked her, that’s for sure.

Teddy Nappen 14:50 Yeah, it was.

Evan Nappen 14:51
She was calling out her stupidity.

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Teddy Nappen 14:54
It was. We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries worth of precedent.

Evan Nappen 15:02
Other than that, it was brilliant.

Teddy Nappen 15:05
We observe only this. Justice Jackson decries an imperial executive while embracing an imperial judiciary. Oh, my God.

Evan Nappen 15:16
Beautifully said. Yeah, good pick for Amy Coney Barrett, yeah. Well, this is the thing. So, at least things are lining up way better to make America the greatest, strongest, best country after four years of suffering under the senile sock puppet. So, now, however, back at home, we have serious problems, and our serious problems are the New Jersey Senate Democrats. They’re pushing as well as with the House that has already pushed this package of atrocious bills. I’ve discussed them in detail, but let me just give you a quick review, because you need to contact your Senate members and tell them to oppose all the new gun bills. They’re trying to fast track it and get it passed. This is terrible. They’re attacking our rights, and the oppression is in full bore, full bloom, and is amazingly serious with the things they’re trying to do. They are trying to incarcerate all of us and turn us into criminals. And that’s not an exaggeration.

Evan Nappen 16:22
So, let me just review with you the list of bills and give you some summaries of the evil that the other side is trying to get passed in New Jersey. One is S3894. Now that bill creates a crime for a simple possession of digital instructions to illegally manufacture firearms or components. It makes it a crime. Even if you never make a gun or component, simply having the digital file on your computer will and can result in a charge that is a high level felony charge against you. Then there’s S3895 that establishes a crime of reckless discharge. And what it does is it makes it a crime for anyone who discharges a firearm, even accidentally. Because unless the discharge is for a lawful purpose and accidents aren’t that, then and by the way, that’s just an affirmative defense. Even if you can claim it was a lawful purpose, such as in self-defense.

Evan Nappen 17:37
This is really bad, because the bill presents itself as being a disorderly person’s offense. You know, what New Jersey calls their misdemeanors. But don’t fall for that, because it’s not a misdemeanor. If it occurs within 100 feet of a dwelling, it is a felony, and as a felony, you’ll be charged accordingly. You can be disenfranchised and completely lose your gun rights, and you can go to State Prison for a commission of a felony. Not to mention that you’re going to be thrown to the Gulag, the Gun Owner Gulag, where we are going to have to fight just to get you out of jail pending your trial because of New Jersey’s elimination of bail, as we’ve discussed on the show. So, this is adding even more peril to every gun owner in New Jersey. Just imagine if every traffic accident, no matter how minor, you know, a fender bender you may have, that any party to a car accident is going to get charged with a crime.

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Imagine how many crimes would be charged on every single car accident. Well, an accident with a gun is the same as an accident with a car, an accident. It’s an accident. But they’re criminalizing accidents in New Jersey.

Evan Nappen 18:57
Then there’s S3896, and this bill is another attempt at criminalizing a lawful self-defense with a firearm. And this is what we’re calling the Gulag bill as well. They’re just hammering us to try to keep us incarcerated. It’s just as we reviewed in the last show. Then there’s S3706 which mandates the use of merchant category codes. So, anybody selling firearms and ammo will have to be coded so that the Government can track these sales and know who’s purchased what. Then there’s a big enhancement to the Gun Owner Gulag under S3900 and that bill allows imprisonment before trial for just an unlimited amount of time when someone is accused of any use or possession firearm offense. There is a forced recommendation of “no release” that must be made. And we discussed that one in detail. These bills are alive and well and heading toward becoming law in New Jersey.

Evan Nappen 20:26
Finally, there’s prohibition on devices that might convert a semi-auto to full-auto, and full-auto is already prohibited in New Jersey. This is unnecessary, but there you go, and it can cause even further jeopardy. They’re looking to incarcerate and criminalize every gun owner. This is a just a terrible situation getting worse and worse for New Jersey, and you have to be aware of this.

Evan Nappen 21:01
The Association of New Jersey Rifle & Pistol Clubs is fighting this. As a matter of fact, the bills that I just reviewed with you came from their alert. (https://www.anjrpc.org/page/KeepOpposingNJGunBillsNow) If you are a member of The Association New Jersey Rifle & Pistol Clubs, you would have received that alert. They have the buttons there for you to push so you can notify your legislators to fight it. They keep you aware of these legislative battles. It’s very important that you be a member of the Association of New Jersey Rifle & Pistol Clubs (https://www.anjrpc.org/) You’ll also be helping in our fight, in litigating the horrible gun laws in Jersey, from the carry killer bill to the assault firearm ban, to the large capacity magazine and others. Your Association, your state Association, is fighting hard on all fronts in a very, very difficult and tough environment known as the Democratic People’s Republic of New Jersey. They need your help. They need your support. You need to be a member. Go to https://www.anjrpc.org/.org and make sure you join today.

Evan Nappen 22:09
I also want to talk about our good friends at WeShoot, which is an indoor range in Lakewood. It’s the range that Teddy and I both shoot at and got our certifications at. You’ll love it at WeShoot. They are right there, conveniently off the Parkway in Lakewood. And this week, they have some pretty cool specials that I want to mention to you. They’re offering the OA 2311, which is a full size pro elite. It’s a 2011-style performance pistol built for speed, precision and dominance. I love those 2011-type setups. They’re really cool. I know you will, too. They also have a Mossberg 590R Breacher, and that’s a 12 gauge mag-fed shotgun with breacher-ready to blow through doors. It’s tactical, aggressive and built to handle whatever you throw at it. As a 590, it is a pump action. It is not an assault firearm in New Jersey. It is completely lawful to have a Mossberg 590. The Marlin 1895 SBL is a classic lever action which is

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made of stainless steel, and it fires a .45-70 cartridge. It’s very powerful, and I love the Marlin 1895 series. I’ve used mine, and so has Teddy. He used his to hunt bears. That’s the gun that saved my life when I was actually charged by a bear in the stand. So, I’m a big fan of the 1895 Marlin. That .45-70 cartridge packs a wallop, and you can get ammo from buffalo, boar and garret cartridges that are super hard cast. Just little freight trains that come out of that gun and that can basically take down anything on the planet. So, if you want a great gun that’s reliable, that’s solid, that’s super powerful. And just as an aside, it was the gun used in Jurassic Park. Teddy, who was carrying that 1895 gun in Jurassic Park? Who was that actor? You know.

Teddy Nappen 24:19
It was Chris Pratt, and that was Jurassic World.

Evan Nappen 24:23
There you go. My cinephile son, Teddy, who knows movies inside out. And I said, great. Do you know what? That is actually the best gun to use on dinosaurs, as well. So, I would highly recommend that if you feel threatened by dinosaurs, that Mr. Pratt there made an excellent choice as well. And you can pick up your dinosaur shooter at WeShoot. They have the Marlins there. Also, as just a little tip. If you check out the WeShoot website, you will see that they are featuring Sharol. She is one of the WeShoot girls, and she’s there posing with guns. And if you like to look at beautiful women and guns, then you will be quite satisfied going there and checking them out. weshootusa.com. Go to weshootusa.com for all your guns and training and range requirements. They are excellent, and I give them my highest recommendation.

Evan Nappen 25:30
As I also shamelessly give my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law, and it is a book used by, well, everybody that wants to know about New Jersey gun law. It’s 120 topics, all in a question-and-answer format. I made it user friendly. You can get the book at EvanNappen.com. You’ll see the big orange book. Just click it, and order it. You’ll have it in a matter of days. And scan the front cover for the QR code. It’ll send you right to my free and private subscriber database. You can join there, and I’ll send you out alerts when the laws change. And look, some of these changes are coming down. As soon as they pass, I’ll be explaining them and telling you what you need to know. So, you’ll be getting updated, and your book stays current. Plus, you’ll be able to access the archives, and you’ll be able to pull the 2025 Comprehensive Update which updates everything to date. This way you stay on top of these insane gun laws of New Jersey. That’s my calling in life, to do that. So, go to EvanNappen.com. Hey, Teddy, what do you have for us in Press Checks today? Which we all know are free.

Teddy Nappen 26:39
Again, kind of talking about the anti-gun movement. They always seem to find any chance they get to just do a little bit of blood dance, even in their own. As coming from Bearing Arms, many people may know about the assassination in Minnesota of the state representative and the attempted assassination on the state senator, and I believe, also his wife, as I recall. (https://bearingarms.com/tomknighton/2025/06/24/author-stephen-king-spins-anti-gun-fiction-in- minnesota-assassination-n1229039) But one of the most infamous anti-gunners, known as Stephen

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King, decided to go on X and to post about calling Vance Boelter, the shooter, is clearly as nutty as a fruitcake. The real culprit is the gun he used.

Evan Nappen 27:02
Of course, it’s the gun. Oh, course. It’s not a maniac or a mentally deranged person or a criminal. It’s the gun. Oh, how simplistic.

Teddy Nappen 27:41
Yeah, I love his line in it. Stephen said, “Nuts are gonna do nutty, violent things, and guns are easily obtainable.” So, just to take a step back there. Nuts are gonna do nutty, violent things. Well, if that’s true, why are you blaming the firearm? If you know full well that evil people are always going to find ways of doing evil acts, yet you still blame the firearm. What’s the one line? You played yourself. But.

Evan Nappen 28:14
Actually, it’s more likely to blame stories that glorify maniac violence. That would probably have a little more influence, even, than a claim of guns. He should get out there and say, hey, my books are a problem. Tell me. I bet he had one, Teddy. What’s his famous book that you trace to just like every school shooting, too, or thereabouts. Like, what is it?

Teddy Nappen 28:42
Yes, well, just to establish it. Stephen King is an established anti-gunner. He’s donated to the Coalition for a Safer Maine, as from the CBS article. (https://www.cbsnews.com/news/stephen-king-donates-to- maine-gun-control-coalition/) I love how he always has to say, I’m a gun owner, but I support gun control. He always says that he, like, just bought a pistol just to make say, have that like safeguard of saying, oh, I’m a gun owner. So, not only are you an elitist, but you’re also a hypocrite. But going from that is what you were leading to. For many of you, you may be familiar with Stephen King on many of his books, a lot of his horror, a lot of his movies. However, there is one book he has done his best to bury. That is the book known as “Rage”. This is from “the-line-up of banned Stephen King books. (https://the-line-up.com/banned-stephen-king-books) For those of you who may not be aware of “Rage”, he was so much ashamed of the book, he didn’t even use his name. He used a pen name – Richard Bachman.

Evan Nappen 29:38
Well, that’s why wasn’t he. That’s maybe one of the reasons he changed his name, his pen name, from Bachman.

Teddy Nappen 29:45
So, not only is he a coward, where he doesn’t even own up to the book. Though, the book is about this protagonist, known as Charlie Decker, a high school student who is reprimanded for his violent behavior. He is expelled, and then one thing leads to another. It leads a vivid portrayal of him going on a killing spree in the school.

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Evan Nappen 30:05
A school shooting. Shooting up a school. Oh, my, and this was before there was any rash of school shootings that he wrote this.

Teddy Nappen 30:16 Yes.

Evan Nappen 30:16
And how many school shooters have mentioned anything about that book being an influence on them? Any of them? Have anyone?

Teddy Nappen 30:24
Many, in fact. In fact, coming from Fox News, they actually cite to many of the school shooters. (https://www.foxnews.com/entertainment/why-stephen-kings-school-shooter-book-rage-is-out-of-print- and-a-copy-costs-500) It goes all the way back to 1997 in the Heath High School in Kentucky, where 14 year old Michael Carneal brought three guns to school and opened fire on a group of students. And sure enough, the police later discovered a copy of “Rage” in his locker. It was the fourth school gun violence incident traced to Stephen King’s now out of print book. In 1996, 14-year-old Barry Dale Loukaitis killed his Algebra teacher and tried to take hostages, allegedly claiming he was inspired by the book “Rage” and modeled his life.

Evan Nappen 30:47
He flat out admitted it. There you go.

Teddy Nappen 30:50
In 1989, seventeen year old Dustin Pierce took a classroom of 11 students hostage, and he was trying to recreate the plot of “Rage”. After a nine hour standoff, he surrendered. This is just one of many of inspirations. By the way.

Evan Nappen 31:24
This guy is not just a hypocrite. He’s one of the inspirations to the very shooters. It’s just outrageous.

Teddy Nappen 31:34
Yes, and also, it wasn’t until the Newtown shooting that he officially pulled the book. And then I love his whole argument. I love how he said, like, he leans on, I’m a First Amendment advocate. Oh, you’re an advocate of the Constitution. Why not be an advocate of the Second Amendment as well? And actually go after and call out evil behavior, doing evil acts.

Evan Nappen 31:57
Right. And then he might even be able to use that argument to say, look, I wrote a book. But there are nuts out there that try to make a horror fiction a reality. Just like there are nuts out there that use guns improperly. There are nuts out there that take on fiction of horror and make it into a false reality. Therefore, he could actually be consistent. But no, but no. He doesn’t do that.

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Teddy Nappen 32:29
Yeah, and I always love how well they try to float the argument where they try to, like, draw that violence away. Like, no, no, books and movies don’t inspire violence. Guns. Guns create violence. Really? So, you’re saying nutty people. Where do they get the ideas from?

Teddy Nappen 32:46
What was the one Stephen King book where it was the car running people over?

Evan Nappen 32:46
Well, Teddy, wait now. Just yesterday, I saw a gun all by itself, run out of into the road, and just shoot somebody. All by itself. These guns are out of control. Someone’s got to do something about them. Because they just go all around shooting people by themselves. I don’t know how they got programmed. It’s amazing.

Evan Nappen 33:11
Maybe that’s it. Maybe only in his books guns do that? Like Chris. What is Christine or Christie? Whatever. “Carrie”. Yeah, well.

Teddy Nappen 33:21
It was a Misery where he has that, too.

Evan Nappen 33:23
It was Misery. That was a different one that he did. You could ask James Khan about that one, right? But this is pretty crazy. But I guess if a gun is haunted and it’s a Stephen King haunted gun, that goes around shooting individuals, then number one, what he’s saying would be true. And number two, that would be the only ghost gun I would agree to ban. That haunted gun that goes around shooting individuals by themselves. That would be a true ghost gun that we should not have around. Because nothing’s worse than a gun independently going around shooting in Maine.

Teddy Nappen 34:03
I will say we did have the haunted gun collection case. So, that was always.

Evan Nappen 34:08
Well, that’s true. We did have that case, but they weren’t using the guns. The spirits were. They just, they were, yeah, that was crazy. That was one crazy case. Yeah, I hear you, man. Hey, I could do like a competition to Stephen King called “The Haunted Gun Collection” and write a whole thing about how that works, right? It could really expand on that theme, Teddy.

Teddy Nappen 34:31
Also, if anyone is a collector of banned books, a copy of “Rage” does go for $500. So, if you want to find one.

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Evan Nappen 34:39
Well, if you’re at flea markets, look for Richard Bachman’s “Rage”. But don’t let any children read it, though. We don’t want them getting bad ideas, I guess. But hey, you know, Teddy I want to tell you about this week’s GOFU, which is the Gun Owner Fuck Up. We love to talk about GOFUs, because these are expensive lessons that individuals have learned, and you get to learn for free. This week’s GOFU concerns knowing how much ammo you have on your person. And what I mean by that is this. If you are carrying your gun, you have magazines and ammo. Then if you wish to unload your gun, either to, let’s say, comply with a “sensitive place”, or maybe you need to travel and declare it going thru the airport and all these things, keep track of your amount of ammo. An easy way to do this is to make sure you carry your ammo and/or spare ammo, and the ammo that you’ve loaded your magazines with, in one of those MTM plastic ammo boxes or in the original factory box, in which each round fills a hole or a slot in the box.

Evan Nappen 36:00
So, let’s say you get one of those 50 round MTM cases, and you’ve unloaded your gun. But you notice, hey, wait a minute, one of the slots doesn’t have a round in it? Now that’s a warning to you that you may have left around in a magazine or in the chamber of the gun or something like that. It ends up being a nice safeguard against forgetting a round when you think you may have unloaded. And this could become very important if you’re relying upon transporting or declaring your gun is unloaded, or any of those kind of things and suddenly it’s not because you missed a round. So, this confirms your ammo round count. We’ve had cases that came from individuals who unfortunately thought that a firearm did not contain ammunition, and next thing you know, they’re in a world of trouble. So, it’s a good tip when you store your ammo. Store it in a box or container that keeps the count of ammo readily visible.

Evan Nappen 37:10
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 2 37:23
Gun Lawyer is a Counter Think 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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Episode 243-Lock Up Gun Owners and Throw Away The Key

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Gun Lawyer — Episode 243 Transcript

SUMMARY KEYWORDS

New Jersey gun laws, pre-trial detention, gun owner Gulag, Senate Bill 3896, Senate Bill 1558, Senate Bill 3895, Senate Bill 3893, Senate Bill 3706, firearm possession, self-defense, reckless discharge, machine gun conversion, digital instructions, merchant codes, gun rights suppression.

SPEAKERS

Speaker 2, Teddy Nappen, Evan Nappen

Evan Nappen 00:15 I’m Evan Nappen.

Teddy Nappen 00:17 And I’m Teddy Nappen.

Evan Nappen 00:18
and welcome to Gun Lawyer. Well, New Jersey has absolutely gone insane. Wait till I tell you about this. They intend to lock up every self-defender, everybody that carries a gun, even with a permit. They want to turn everybody, not only into criminals, but they want to lock up gun owners and throw away the key without any trial. It is absolutely nuts. Let’s get into it.

Teddy Nappen 00:51
Sounds like another Tuesday in New Jersey, though.

Evan Nappen 00:53
Well, I’ll tell you what, folks. This is something that on its face, many folks would not understand, but I’m going to make it. I’m going to clarify it. I’m going to make it so you will be able to understand the reality of what New Jersey is attempting to do to all of us. So, recently, a whole package of gun rights suppression laws have been pushed through the Senate, and these have been passed already by the House. They’re looking to fast track these bills to get them passed. Let me talk to you about these bills.

Evan Nappen 01:43
Let’s start with the one that is the worst of the worst. They’re all terrible, but this one is just insanity plus. As many of you are aware, New Jersey has what I’ve often called and still call the Gun Owner Gulag. Now the Gun Owner Gulag is because New Jersey got rid of bail, cash bail, for crimes. In New Jersey, when you face a charge that is put on a warrant, as opposed to a summons, and remember just about every serious offense is put on a warrant, not a summons. With a summons, you’re simply given a notice to appear in court, and that’s it. But with a warrant, you’re arrested, and then you have to get released by a judge. The system for the release in New Jersey is called pre-trial detention, and it is now being abused to the max to destroy gun owners’ lives.

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Evan Nappen 02:46
Let me explain what is going on. So, right now, as we speak, if you have any kind of firearm charge, you’re going to end up subject to the pre-trial detention system as to whether you get released. So, the way it works first is, if you are charged with a warrant charge, it doesn’t matter that you’re innocent, you’re going to be held for 48 hours. The prosecutor can decide anytime within that 48 hours, whether or not to seek pre-trial detention. Now, if the prosecutor chooses not to seek pre-trial detention, great! You’re going to be released, maybe with some conditions. There’s no more bail, and you’re going to be let go. However, when it comes to guns, they just about always, and now with these new laws, it’ll probably be always seek pre-trial detention. Now if they seek pre-trial detention, it means you’re going to have to have a hearing, and if the judge grants the State’s motion for pre-trial detention, you will be held until your trial. In jail with no bail. That’s how it works. Unless you get the matter somehow adjudicated prior to trial, where you end up pleading to something where you’re going to do time or whatever, or you get it adjudicated, because you win on some motion, months and months and months that you’ve been sitting there. But, short of that, you’re held without bail. So, the way it’s working right now is you have this pre-trial detention system. You have the 48 hours, and then you’re going to have the five days for the hearing. It’s critical that you have an attorney that knows what the hell they’re doing, because if you don’t get out, then you’re staying in. Okay? It’s bad.

Evan Nappen 04:33
Now, currently, what happens is there is what’s called a PSA, Public Safety Assessment, that gets done. It’s two different assessments. One is whether you’re a flight risk. And that doesn’t mean whether you’re going to sprout wings and fly away. It means, are you going to come back to court? Now that was always the traditional reason for bail, to ensure that you come back to court. The second is a so- called, safety threat to the community, or any other label you want to give it. And when it comes to guns, all the anti-gun propaganda comes out about guns and the danger of guns, and why do you have a gun and everything under the sun that always makes us nauseous to hear when the antis go at it, and that’s what they’re currently using. We have to fight those things all the time and bring back reality to the situation. I’ve done uncountable numbers of these hearings to get people out.

Evan Nappen 05:32
Well, my friends, New Jersey now has a law that they are pushing, and it looks like it’s going to be railroaded through. It is Senate Bill 3896. (https://pub.njleg.state.nj.us/Bills/2024/S4000/3896_R1.PDF) I’m going to call this Gulag One. They have two different bills affecting the Gulag. This bill will make it so that anybody that is subject to the Gulag system, that’s subject to that Public Safety Assessment, that is now heading to their pre-trial detention hearing, where they’re going to have to get out, that Public Safety Assessment either makes a recommendation of release or makes a recommendation of no release. This is extraordinarily influential on the judge as to whether you’re going to get out or not. This new bill says that the release recommendation of pretrial services program obtained using a risk assessment instrument, that’s the Public Safety Assessment where they have the two tests, they’re done on scales of one to five. You want the low numbers. Even if you get a one / one, meaning low flight risk and low danger. I’ll repeat it. The release recommendation of the pretrial services program obtained using a risk assessment instrument. Pretrial services shall, in other words, it’s mandatory. Shall recommend no release when a defendant has been charged with any crime involving the use or

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possession of a firearm. Period. End of story. So, if you are charged with any firearm possession or use offense, they intend to hold you without bail for the duration, until you finally get your trial, or somehow resolve this prior to trial. You’re sitting in jail with no bail.

Evan Nappen 07:51
Now let’s talk about what offenses are criminal offenses that involve the use or possession of a firearm? Well, number one is self-defense. If you defend yourself, you’re going to get charged with either assault, maybe even homicide, maybe aggravated assault, pointing your gun, or any of those things. And self- defense, what we call justification for the use of force, is a defense of law. An affirmative defense that we have to fight by way of a jury trial, many times, to prove, because the burden of proof is actually shifted to us to prove that you were lawful in your use of self-defense. So, any gun owner that is charged, even though they have an argument of self-defense, is going to get a recommendation of no release based on the charge of unlawful use of a firearm, even though that charge is fully defensible under self-defense. It won’t matter, folks. It will not matter when it comes to whether you’re getting released or not.

Evan Nappen 09:13
It’s not just use, by the way. It’s also possession. So, if you’re charged with unlawful possession of a handgun, if you’re charged with unlawful possession of a so-called assault firearm, if you’re charged with any firearm offense of possessory nature, this applies as well. It also applies to those of us who carry and may end up being wrongly charged with being in a sensitive place. This is an effort disguised as public safety to try to destroy our right to carry and our right to defend ourselves by incarcerating and holding, without bail, law-abiding gun owners. It is outrageous. It is insanity, and the jails are going to be chock full of those placed in the Gulag. This puts the Gulag on steroids. It is nuts. Yes, go right, ahead Teddy.

Teddy Nappen 10:28
So, just kind of thinking like it’s any charge to deal with firearms. Now, would that be, let’s say, for example, if a guy is driving and there’s a hollow point bullet. If he’s pulled over and they find the bullet there, oh, possession of a hollow point.

Evan Nappen 10:43
Well, is a hollow point. We’d have to argue a hollow point is not a firearm charge, and we’d have to argue the same with a magazine. But who knows? The State will probably say, oh, no, it’s in the firearm laws, right? Controlling firearms and guns, but that’s not specifically a firearm charge. But your shotgun that you’re transporting while hunting and you’re relying upon the exemption, if you get stopped on the way while hunting and you get charged, even though you’re within the exemption. Well, that exemption is a defense that you were going hunting, but you’ll have to prove that later. Meanwhile, you’re going to be held without bail. If you’re transporting your gun to the range, you are charged, and you’re relying upon exemption again, a defense. Well, you’ll just have to wait in jail until your trial or until you get to prove that you were within an exemption, because that’s a defense as well. Any firearm charge.

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Evan Nappen 11:39
And it gets worse, folks. It gets worse with the Gulag bill Two, which is S-3900. (https://pub.njleg.state.nj.us/Bills/2024/S4000/3900_R1.PDF) Gulag Two now allows the State to get an extra seven days to provide a firearm report. For anybody who’s charged with possession or use of a firearm, the State can get an extra seven days so they can get a ballistic analysis done. So, now, you’re charged, and you’re in the 48-hour Gulag. Then you go to the five days for your detention hearing. You then are going to be subject to another seven days before you even get your hearing to try to get out where there’s a presumption against, where there’s a recommendation against, you even being released. So, you’re in for a good two weeks before we get to fight with all the odds stacked against you. It’s nuts. The idea is incarcerate law-abiding gun owners. Suppress, suppress, suppress the gun owner. Suppress Second Amendment rights. Discourage carry. Discourage gun possession. Discourage self-defense, and do it in this manner of actual incarceration. It is horrible. I can’t emphasize it enough, and I fight these Gulag cases all the time. Teddy, you’ve seen how many times that I’ve done this. How many times? Fighting all the time like at least. At least every other day, we’re trying to get somebody out, and this is now to make it incredibly difficult to get somebody out.

Teddy Nappen 13:40
My favorite part is when the judge is just nodding along to the prosecutor, like, yeah, yeah, stack all those charges. And then when you explain, actually, that’s completely legal, the judge goes like, what? What do you mean that’s legal? Like, not even knowing the very law, right? And he’s being accused of.

Evan Nappen 13:57
Right. We just had one with a poor guy from Florida. Everything he was doing was legal in Florida, but it was not legal in New Jersey. I pointed out that where the guy is from, it’s all legal. Now, of course, this isn’t Florida. It’s New Jersey. The judge says that doesn’t have anything to do with this case. And I corrected the judge because it does. Because under the heartland guidelines, if a non-resident is in fact obeying the laws of his home state, then that can make all the difference in getting into a diversion program. And that was established with the Shaneen Allen case. So, of course, don’t expect them to know the law, but this is the kind of thing I deal with all the time. These two bills here are going to make it just unbearable. It’s already a horrible system, and this is what their intention is.

Evan Nappen 14:53
Then we have Senate Bill 1558. (https://pub.njleg.state.nj.us/Bills/2024/S2000/1558_R1.PDF) Under this bill, it basically is the ghost gun, oooooooooh, bill that had passed long before where they made possession of unserialized gun, or manufacture of any of these, or 3D printing of any of these, etc, it was a second degree. This bill now raises the penalty to first degree. Now keep in mind, folks. A first degree crime in New Jersey is the same degree of murder, same degree. They’ve now raised this firearm offense to the equivalent of the same level that someone would be charged with murder, and it carries up to 20 years in State Prison for anyone who manufactures or possesses an unserialized gun, etc. Anybody who has a so-called covert or undetectable firearm. We talked about these things before. It’s bad enough at a second degree, and yes, you’re subject to the Gulag. Now, the penalties are being raised to the highest criminal level in New Jersey, a first degree.

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Evan Nappen 16:19
Then we have Senate Bill 3895. (https://pub.njleg.state.nj.us/Bills/2024/S4000/3895_R1.PDF) This bill criminalizes reckless discharge. So, if you have an AD, an Accidental Discharge, and we’ve talked about this before, it is a fourth degree crime. And if you have that accident, it won’t matter. Now you’re charged with unlawful use of a firearm, and it’s the Gulag for your ass, okay? Just because you had an accidental discharge. It doesn’t matter. They’re going to criminalize the discharge and make it a fourth degree crime. You’re looking at a year and a half for that. It simply says, if you discharge a firearm unlawfully or without a lawful purpose, well, it was an accident. It wasn’t a lawful purpose, was it? You’re now looking at the Gulag and being turned into a felon. Being prosecuted for reckless discharge for that accidental discharge. You know, imagine if with any car accident anyone ever had, they got criminally charged. No matter what, and then held without bail on any car accident. No matter whether anybody was injured or not, how minor it was, no damage. It doesn’t matter. Every car accident, imagine that. Whatever, you know, little bumper tap. Oh, too bad. You’re now criminally charged. You’re now facing the Gulag because you didn’t hit that bumper with a lawful purpose, did you? So, there you go. They’re now going to do that to gun owners. Then we have. Go ahead, Teddy.

Teddy Nappen 18:19
What if, as the example, like if you’re accused of it, but there was no discharge. It was just some loud noise or something crashing. But you’re accused.

Evan Nappen 18:28
Well, if you’re charged, you’re charged. Your defenses will come later. Meanwhile, you’ll sit in the Gulag. Good luck with that.

Teddy Nappen 18:36
They’ll sit in the Gulag with no accident, with not doing anything.

Evan Nappen 18:40
Anybody sitting in the Gulag, nobody’s proven guilty of anything yet. You haven’t had a trial. You’re still presumed innocent, but you’re sitting in jail because New Jersey has so unbelievably effed up the traditional bail system by politicizing it on gun owners. This has to get out there, folks. You have to know this. You have to understand what we’re dealing with. This is nothing less than evil. It is pure evil, and it is suppression of gun owners, the Second Amendment, our rights of self-defense, of being a gun owner. It’s attacking all of us, and it’s outrageous.

Evan Nappen 19:24
Senate Bill 3893 now criminalizes so-called machine gun conversion devices. (https://pub.njleg.state.nj.us/Bills/2024/S4000/3893_R1.PDF) Of course, they’re going to try to make anything that makes a gun fire faster fall under that, and they’re criminalizing the possession of the device. I’m sure they’re focused on so-called, you know, Glock switches, but it’s so broadly written that they’re going to go at us on anything like that. It says a machine gun conversion device. It means any device capable of converting a firearm into a machine gun. And, well, essentially, right? Remember how you that right? Because you get right there you go, Teddy, your right. And, you know, remember with ATF, where the guy actually registered a shoelace as a machine gun? Yeah. So, this is where they

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can go to the extreme on any of these and make that allegation. And again, they lock you up in the Gulag because it’s a firearm offense, and we can deal with your defenses later as you rot in jail. How nice.

Evan Nappen 20:32
In Senate Bill 3894, they’ve also criminalized the digital instructions to manufacture a firearm. (https://pub.njleg.state.nj.us/Bills/2024/S4000/3894_R1.PDF) They’re now criminalizing it as follows. “Firearm digital instructions” means digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital mode that may be used to program a three-dimensional printer to manufacture or produce a firearm, firearm receiver, magazine, or firearm component.” Folks, if you can 3D print anything about guns, and all you have is the program to do it, you’re now going to be looking at a criminal charge of the following. Firearm digital instructions. A person who is not licensed or registered to manufacture firearms. If you’re not a licensed manufacturer of firearms and you possess firearm digital instructions, as I’ve just explained them to you, is guilty of a crime of the fourth degree. You’re looking at a year and a half in State Prison, and you’re looking at it as a firearm offense, because it’s about digital instruction for manufacturing firearms and the intent to manufacture a firearm, though, arguably, part of this would be something that you can happily try to win at your jury trial. Good luck with that.

Evan Nappen 22:23
And finally, Senate Bill 3706 is requiring merchant codes for purchase of firearms and ammunition. (https://pub.njleg.state.nj.us/Bills/2024/S4000/3706_R1.PDF) And what it means is that any of these credit card companies, or debit card companies, or any of these merchants that use these methods, the payment card network, must create merchant categories for firearms and ammunition businesses. They have to assign these codes so that you can be tracked as to what you’re buying from any dealer in New Jersey. So, folks, the answer to that is real simple. If you buy a gun or you buy ammo, you better pay cash. Because they’re recording and making a record of any of these purchases again to continue the clamp down and the suppression of gun owners, of Second Amendment rights, of our ability to exercise our Constitutional rights. It’s evil personified. It is really bad.

Evan Nappen 23:43
You need to contact your legislature and your senators and your reps and tell them, do not pass this. You also need to belong to the Association of New Jersey Rifle & Pistol Clubs. They have a full-time paid lobbyist trying to fight this garbage. We have an uphill fight, and we need every gun owner to be part of the Association of New Jersey Rifle & Pistol Clubs. There’s power in numbers. We have to stay unified. Please make sure you join ANJRPC.org The Association of New Jersey Rifle & Pistol Clubs. Make sure you’re a member. We have to stay unified. We’re going to be fighting this, not only in the legislature, but also in the courts. It’s critical that you do your part and fight to stop this insanity. The Association is the premier gun rights organization of New Jersey and is doing that very thing.

Evan Nappen 24:45
These are very serious problems. This is real, folks. They really do this to gun owners. I fight all the time for gun owners. This isn’t pie in the sky. This is not an extrapolation or just speculation of what might happen. Folks, this is really happening, and they’re going to make it as bad as I’m telling you.

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This is going to enhance a system that is already outrageous to put it beyond belief. As a gun owner in New Jersey, you are in danger, nothing short of that. You are in danger from what the legislature and the Democrats in control and Murphy are doing to us. It is just that bad, and it’s not an exaggeration. Beware. Join the Association and join the fight.

Evan Nappen 25:46
Let me also tell you about our good friends at WeShoot. Now, WeShoot is an indoor range. They have great training, and they have great programs. They also have a great pro shop. As a matter of fact, they’re offering some great specials on firearms, including the Samurai “Other”, which is black with gold accents. It’s a beautiful gun. An AR platform, and it blends tactical function with a luxury finish. Smooth, sleek and ready for battle. They also are selling the Masada Slim Elite. It’s optics ready and has an upgraded trigger. It’s ultra slim, super comfortable for carry, and it’s everything you love about IWI. That’s Israeli Weapons Industries. And it is the Masada, refined and enhanced. They also have the Beretta M9A4, you know, the traditional Beretta. The M9, but this one is a military classic that’s been reimagined with modern upgrades, including a threaded barrel, decocker, and is optics ready. It is the classic with all the great upgrades. WeShoot is also celebrating five years of Juliana, that’s the very first WeShoot girl, representing with elegance, skill, and that fierce 2A spirit. Check out their website at weshootusa.com. You can check out Juliana there. And let’s give a shout out to Curtis S., whose review this week reminded us why WeShoot does what they do. Great review from Curtis S. Check out WeShoot at weshootusa.com. That’s their website. It’s a great range. You can get the training you need there. You can get your CCARE certificate to get your carry permit. You can get great training and have a great experience. It’s a great resource. They’re conveniently located right in Lakewood, New Jersey, right off the Parkway there. That’s where Teddy and I both shoot.

Evan Nappen 27:59
Let me also take a moment now to shamelessly promote my book, New Jersey Gun Law. It’s the Bible of Jersey gun law. And if you get the book, which I highly suggest, make sure you scan the QR code on the front cover. Make sure you’re subscribed for free to my subscriber base, which is private. I will be sending out email updates when these atrocities, if they become law, you’ll know, because I’ll do the updates. You will get updates for free. You’re going to want to know what to watch out for. It’s one of the ways you can protect yourself and try to stay out of the Gulag. It’s crazy in New Jersey, and my book is there to try to help you avoid those problems and remain law-abiding and not a victim of New Jersey’s gun laws and gun rights suppression. So, Teddy, what do you have for us today in Press Checks?

Teddy Nappen 29:01
You know, Press Checks are always free, and my god. Just taking a deep breath from that bill, like utter insanity. And it also kind of reminds us that we have to keep an eye on what the anti-gunners are doing, because New Jersey is the petri dish where they test all their insanity.

Evan Nappen 29:27
You’re absolutely right, and that’s what’s so important here. You’re right. They want to make this country wide. Don’t be fooled. That’s exactly what they want to do.

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Teddy Nappen 29:36
Correct. And one thing I always make a point in my segment to always look at the other anti-gunners of what they’re attempting. As you may know, the Democrats decided to spend $20 million on trying to reach Gen Z men because they lost them heavily in the last election. And it’s this. I think it’s called a STAM’s program, like Speaking To Adolescent Men. Yeah. So, TheTrace, apparently, the anti-gunners decided, you know what? That’s a good idea. Let’s reach Gen Z men. How do we do that? Well, that’s obvious. Through gamers and online streamers. This is from TheTrace. (https://www.thetrace.org/2025/04/video-game-gun-safety-streamer-gen-z/) “Off the Virtual Battlefield, Gamers Are Teaching Gen Z About the Real-World Risks of Guns” The gun violence prevention,

Evan Nappen 30:35
Oh, like when the aliens and the Jello monsters attack from outer space, and that’s when you absolutely better use the 9 mm because it performs better in Jello than a .45, right?

Teddy Nappen 30:36 Yeah, exactly.

Evan Nappen 30:42
I guess. Something like that. But, yeah,

Teddy Nappen 30:49
The gun violence prevention organization known as Project Unloaded is teaming up with video game streamers. So, they go on like Twitch platforms, whatever platform, and play video games. So, imagine a video where, you know, they’re playing, like, Call of Duty, a big shoot em up, a lot of blood, killing people.

Evan Nappen 31:10
Well, you’ve played a lot of Call of Duty, right? You’re very familiar with that.

Teddy Nappen 31:13
Yeah. And imagine then all of a sudden they do a pause, we’re going to talk about gun violence.

Evan Nappen 31:19
Oh no, they’re really going to interrupt the game with that?

Teddy Nappen 31:23 Yeah, they’re going to.

Evan Nappen 31:24
That’s going to screw the whole thing up. Who wants that? Who wants propagandize when you’re just trying to enjoy your video game? That’s horrible.

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Teddy Nappen 31:31
And it’s so. I love this whole thing that they try to push where they’re talking about how nearly a third of young people, including half of young men, said video games influence their perspective on guns. They have created the leave guns in the game, a new initiative, to campaign against the gun violence prevention Group. Teaming up with Gen Z gaming content creators.

Evan Nappen 32:03
I’m sure this will be tremendously successful, just like every other 80/20 issue the Democrats seem to adopt.

Teddy Nappen 32:10
Yes, because that’s how to do it.

Evan Nappen 32:12
I’m sure every gamer is going to love their game being interrupted with that garbage.

Teddy Nappen 32:18
Yes, and I will point out there’s one thing I thought was hilarious. That just sticks with me, though, ultimately, from the article. Our research shows that gaming is a key way young people learn about guns, and the message that most people have learned about guns through video games, and other sources, too, is that they are safer than they actually are. That is.

Evan Nappen 32:42
Guns are safer than they actually are is what you learn blasting aliens and shoot them ups and all that. That’s what you learn from that. Is that what they actually think?

Teddy Nappen 32:53
Yeah, yeah. And it’s their whole push, because they’re trying to target modern. They think there’s a heavy influence of modern gaming on the gun violence epidemic in our culture.

Evan Nappen 33:05
Well, Teddy, tell me, did your research uncover anything about how long we’ve had games involving fake guns, toy guns, all that?

Teddy Nappen 33:17
Well, thank you for plugging that. I did a little bit of research, and, you know, it goes back to 1887.

Evan Nappen 33:24
Oh, wait a minute. You mean young males have been influenced and were made since 1887. Wow. Well, there wasn’t video then. So, what did they do? What was it?

Teddy Nappen 33:34
So, this is from an article done by the allincolorforaquarter.blogspot.com. (https://allincolorforaquarter.blogspot.com/2015/05/the-first-light-gun-game.html?m=1)And it talked

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about the light gun games, where the automatic pleasure, it was a book where the first coin-operated gun game, you know, the automatic shooter.

Evan Nappen 33:41
Like an arcade game from way back.

Teddy Nappen 33:53
It would set up where you could shoot an air rifle. You put in the coin, and it have a whole mechanism, sets a little box, and you could shoot the targets.

Evan Nappen 34:01 Sounds cool.

Teddy Nappen 34:02
You know, the early developments of games. And quite frankly, the level of insanity doesn’t even stop there. Now, you know, with me growing up, where I grew up, and I loved playing Halo.

Evan Nappen 34:18
Yeah, you were great. You’re very skilled.

Teddy Nappen 34:21
It was the one game I loved. I always loved playing it, you know. Get in there and kill the crazy aliens trying to wipe out humanity. You know, shoot them with everything you got. But

Evan Nappen 34:30
And sometimes you used alien weapons. It must have taught you that alien weapons were safe, too, huh? I guess you learned that.

Teddy Nappen 34:38
Aliens were taking down the energy shields. But, anyways, this is what also pisses me off. What destroyed Halo, the whole gaming industry, one of their lead developers of the game. This from Smash JT. (https://www.smashjt.com/post/halo-dev-can-t-tell-the-difference-between-real-life-video-games) They wrote a whole article on it. One of the head developers of the new Halo game. He quote, I honestly don’t think I can work on a game that glorifies or fantasizes modern guns, Call of Duty, Battlefield, etc. I’ve had moments of struggle with Halo, but the weapons

Evan Nappen 35:04
Where do they find these people?

Teddy Nappen 35:11
It’s just, you know, Silicon Valley or whatever.

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Evan Nappen 35:14
Oh, my God. But I remember when you would play Halo, you would have modern firearms and their alien weapons. There was a whole array of all kinds of cool stuff that you would battle with, right?

Teddy Nappen 35:27
You know, it’s nothing like taking a six gauge pump action shotgun.

Evan Nappen 35:32 A six gauge.

Teddy Nappen 35:34
I know it’s pretty funny. I’m like, dear God, that would break your shoulder. But, okay, there’s super soldier.

Evan Nappen 35:40
I guess they could handle the six gauge, huh? But did they duck hunt with that, too? No. Duck Hunt was another video game where you shot ducks. Yeah, right, yeah. You weren’t allowed to use a six gauge.

Teddy Nappen 35:50
Yeah. But funny enough. Duck Hunt off the NES, you could go in and shoot. I mean, these have existed all. Castle Wolfenstein, 1981.

Evan Nappen 35:52
I used to play that even. I liked that when I was. That was fun. You were killing Nazis. What’s wrong with that?

Teddy Nappen 36:06
I know, killing Nazis. Killing beings from hell, like.

Evan Nappen 36:09 Right. It was great.

Teddy Nappen 36:11
And it’s, quite frankly, stupid. Because they’re trying to influence. By the way, from gurugamer.com, the Top 10 Most largest player-based games in the world. Seven out of the 10 of them are shooters. They are wasting their time trying to combat the gun violence epidemic in video games.

Evan Nappen 36:30
You know, it’s so stupid. At one point, they claimed that comic books caused this, and they are always looking for everything and anything except what really matters. It begins with family, fathers, responsibility. You know, those things. But the left destroys that stuff. They don’t want to see that, you know. So, they just look for all these other outlets and excuses and just it was changing the entire focus to whatever their current ox is that they need to gore. You know, they’re just outrageous.

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Teddy Nappen 37:07
What was really funny is that the article from TheTrace threaded the needle so hard trying to say, look, we’re not saying video games cause violence, at least.

Evan Nappen 37:18
Oh, of course. No, no, that’s not what they’re saying.

Teddy Nappen 37:22
We are saying that we don’t want video games to promote gun violence.

Evan Nappen 37:26
Right. That it will promote guns. They promote guns. And I’m like, but it’s not about any kind of restriction on freedom of speech or just entertainment. And God forbid we actually look at movies too. Especially with all the left wing anti-gun actors that star in movies that wrongly use guns all the time. But don’t. I’ll tell you, I’ve often said with the way there are warnings before movies where they warn you about profanity, or they warn you about smoking, or they warn you about nudity. How about a warning that says this movie portrays the unsafe and improper use of firearms? Why don’t you put that in front of all your damn movies? I’m not saying don’t make the movies, but suddenly everyone would see how many of these shows promote the unsafe and unlawful use of firearms. That’s what’s actually being done. But instead, they’re trying to twist it into a focus of young males, and somehow it’s a man problem and a male problem. If they could even define what one is, of course. And it has to do with the actual gaming. I mean, it’s unreal. People that fall for it, you got to be pretty stupid, and they are.

Teddy Nappen 39:02
It’s pretty funny, because I remember. Do you remember the demand, a plan, big commercial 12 years ago, where they got all these Hollywood actors, you know, I guess, like, whatever stupid gun control,

Evan Nappen 39:18
Right. Whatever suppression they were heralding at the moment.

Teddy Nappen 39:22
Someone cut the video to, whenever an actor spoke, it cut to them misusing firearms. Can look it up.

Evan Nappen 39:31
Right. That’s what they do. That’s what they do all the time. And not only do they misuse it, yeah, the people that produce these movies add in gun sounds that aren’t there. I love when safeties are being clicked off on Glocks. I love how every shotgun is being racked, even though it’s not being racked. How every gun clatters and clacks and cocks even though it’s not necessary. And by the way, you’re going into it without rounds in your chambers anyway? And then I’ve seen the craziest, dumbest sound effects that are just put in, obviously by sound effect people that have no clue how firearms work. And every time you hear it, you just go, what? What was that? I mean, it’s nuts. They just think it enhances the movie, but it really takes away.

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Teddy Nappen 40:22
Fortunately, the foley artist is contractually obligated to make stupid sound effects for guns.

Evan Nappen 40:28
I guess that’s what the rule is. That’s pretty funny. Well, Teddy, I appreciate your Press Checks today. Let’s talk about our favorite segment, which is the GOFU, and that’s the Gun Owner Fuck Up. We talk about GOFUs because these are expensive mistakes gun owners make that you get to learn for free. So, you don’t make them. And this week’s GOFU, again, these are actual cases. These are actual people that have committed these problems. Let me just summarize it. Real simple. Folks, don’t bring your guns to Canada. Okay, it’s real simple. At the border, if you have your handgun from America, you’re in trouble. If you have a firearm that Canada regulates and prohibits, you’re in trouble. Keep in mind, even if you’re bringing your hunting gun into Canada. Remember, your rifle can’t be less than 18 inches. So, if you have a 16 and a half inch carbine, you’re in trouble. Don’t bring your guns to Canada.

Evan Nappen 41:31
I wouldn’t even hunt in Canada. I used to. I used to love it. I used to love it. But their gun laws are terrible, and what happens to gun owners is horrible. I remember one time that I was on a bear hunt in Canada, and this is back a number of years. We were waiting for one of the hunters to get there, and he was hours late. He finally pulls up in his truck, and he had a license plate that he was a retired Pennsylvania State Trooper. Well, he said that at the border, when they saw his retired Pennsylvania State Trooper plate, they tore his car apart for three hours looking for his handgun that they knew he must have, which, by the way, he didn’t have. And think about this. This is a retired law enforcement officer, and you’re that concerned about that guy who might have a handgun? Yeah, that’s Canada in a nutshell. So, listen, don’t bring your guns to Canada. Canada does not recognize any carry permit from America at all. And if you got across through Canada, because you’re going to Alaska, you can’t ride through Canada with your guns. You can’t go into Canada with a firearm, even if you’re licensed out of the U.S. So, folks, I know this seems basic, but I get these calls and I get these cases. So, don’t be a GOFU.

Evan Nappen 43:02
This is Evan and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. And not only that, they incarcerate honest citizens.

Speaker 2 43:17
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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Episode 242- Is Now the time to buy Ammo?

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SUMMARY KEYWORDS

Englishtown, permit fees, Second Amendment, New Jersey, gun lawyer, ammunition prices, ghost guns, gunsmithing, wellness check, gun confiscation, holster requirements, gun rights, NRA, gun legislation, firearm safety.

SPEAKERS

Speaker 2, Evan Nappen, Teddy Nappen

EvanNappen 00:15 I’m Evan Nappen.

Teddy Nappen 00:17 And I’m Teddy Nappen.

EvanNappen 00:18
And welcome to Gun Lawyer. So, I came across a really interesting article about something that took place in Englishtown, New Jersey. And this article is done by our dear friend, John Petrolino for BearingArms, and you’ll be able to find it there. (https://bearingarms.com/john-petrolino/2025/06/12/nj- town-resolves-that-excessive-permitting-fees-are-unconstitutional-n1228911) This is really an amazing thing, because I’ve never, never, seen this before.

Teddy Nappen 00:52 Flea market opening up?

EvanNappen 00:53
No, well, the Englishtown flea market is still there, but I would not recommend it. It has changed tremendously from the old days when I used to go every weekend with my dad when I was a kid. As my father said, it became more and more of less and less, and I think that’s what you’re seeing now. The most incredible selection of less. So, anyway, Englishtown, though, the town of Englishtown, did something extraordinary. They actually took action to reduce the excessive permitting fees that are unconstitutional that New Jersey pushed through by Murphy. As you may know, when you apply for your carry permit in New Jersey, there’s a $200 fee for getting a permit to exercise your Constitutional right. And that is just outrageous. If we charged such a thing to vote, it would be a poll tax and would be unconstitutional. But somehow, an excessive $200 fee is fine and dandy, because, well, you know, it’s just the Second Amendment, right?

EvanNappen 02:22
So, this article goes on to explain that what Englishtown did, what the mayor, who deserves tremendous credit, and the town council, tremendous credit. Mayor Daniel Francisco and his council

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passed a resolution, and I’ll read you what it says. It’s very short and directly to the point. Whereas, pursuant to N.J.S.A. 2C:58-4, applicants for permits to carry a handgun are required to pay an application fee in the amount of $200 of which $150 is retained by the municipality, and $50 is forward to the Superintendent of State Police. Whereas, the Borough of Englishtown recognizes that the statutory fee structure imposes financial burdens on applicants and wishes to ease that burden for residents by offering refunds of the Borough’s retained portion of the application fee, and whereas, the Borough has determined that is in the public interest to establish an administrative process for refunding $150 municipal share of the application fee upon appropriate documentation. Look at that. This town will refund its applicants $150 of the excessive fees that Murphy put through so that to exercise your Second Amendment right in Englishtown, to defend yourself and your loved ones, is only a $50 permit. A $50 fee that goes to the State Police. Wouldn’t it be nice to see the State Police refund their fee as well. But somehow, I don’t think we’re going to see that, but this is an excellent move.

EvanNappen 04:29
And, man, I’d love to see town after town in New Jersey create the refund practice that Englishtown has done. This should be something that everyone in your town should talk to your officials about refunding it, about not accepting the $150 fee. Apparently it passed four to one. And as Mayor Francisco says, this is about his council passing it, they should be applauded loudly for their fortitude and conviction. And I second that as well. Also, I’d like to point out that assisting in getting this through was, of course, many individuals in New Jersey that are active. National Second Amendment groups also showed up, including Citizens Committee for the Right to Keep and Bear Arms and the Second Amendment Foundation. Also, the New Jersey Firearms Owners Syndicate had great testimony by Joseph LoPorto and that made a major impact as well. The Association of New Jersey Rifle & Pistol Clubs and the NRA were there, too. All showing their support. There was great unity here, and seeing this new movement that can be done town by town. So, great job to everyone who worked hard to see that go through, particularly their Mayor Francisco, who is a stand up guy for our rights.

Teddy Nappen 06:39
Actually, I’m just kind of curious. It seems like Englishtown is an extremely pro-gun town, for New Jersey of all places. But in your experience and time, it’s kind of like unbreakable, where you have the one guy who’s completely like unbreakable. You have the glass. Who’s the most anti-gun town? The one place is like, oh, God, this is bad.

EvanNappen 07:03
Well, I can tell you that I’ve seen, we’ve seen, many towns that are very bad, very anti-Second Amendment rights. They take their sweet time to the point of delaying and delaying and delaying. And I’ve also seen them act very harshly with applications creating, in effect, GOFUs. One of the towns was Jackson, by the way, Jackson, New Jersey. That literally, when somebody made an error on the application where they technically may have given the wrong answer, but really had misunderstanding which occurs, which occurs, and it’s arguably a GOFU, of course, to write the wrong answer, but we’ve had any number of criminal prosecutions for things that most of the towns in New Jersey would not criminally prosecute over an incorrect answer that was just an honest mistake on a gun application. Yet, we are representing any number of folks that got criminally charged out of there. So, they’re very, very harsh. Very harsh. You could, you know, take a view that, hey, you shouldn’t have given the wrong

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answer on the application. But, you know, when we see the big picture, we want to see discretion. Well, the discretion when someone’s trying to exercise what is a Constitutional right? Maybe those things should be considerations, but apparently, not there. Given the number of these cases that I’ve seen, and we have other towns that are troublesome, too, that delay. And sure, many of the listeners are familiar with their own town. But instead of, you know, criticizing these towns, which we’re always happy to point out, but it’s nice to actually see a town doing the right thing and standing up for the Second Amendment. And so that is refreshing, to say the least.

EvanNappen 09:18
Now, one of the things that we were wondering about, and something that you may be wondering about. Is now a good time to stock up on ammunition? And interestingly, there was an article in ZeroHedge, which often is focused on financial and other things, right? But ZeroHedge actually had an article called “Charts Signal: Time to Reload”. (https://www.zerohedge.com/commodities/charts-signal- time-reload) This is by Tyler Durden, and Tyler points out, and it’s something that I think listeners here might not normally come upon is, how does the price of ammo? How is that going in terms of up and down? You might be able to talk about gas prices and other things, about whether it’s more or less. Yet, we can also do the same with ammunition. And here’s what’s really interesting. The author points out that during COVID, there was top dollar for 9 mm and .223. Yet, now today, the market has swung in the opposite direction. Over supply has pushed ammo prices back to early pandemic levels. And this is pretty cool. He raises the question, will these low prices be sustained? Of course, you know, in that consideration is possible trade wars and tariffs and uncertainty on primers and the materials needed to get them.

EvanNappen 11:17
In the article, he points out, with price comparison and graphs, of pricing from 2020 to 2025, and you can see just on 9 mm how high the price got in right there. From December 2020 to February 2021, the price per round was hitting right under eight cents per round. And now, the chart shows this decline down to what is two, believe it or not. Well, and this is, though, the graphing. I shouldn’t say cents. It’s about pricing. So, it’s gone from 8.8 to .2. So, there’s a significant dropping. You can see the chart here. There was not a price in terms of dollars and cents. It’s the price per round. And I highly encourage you to look at the graphs. And the same, if you look at .223, which was up above, almost 1.1, 1.1 almost 1.2 down now to .4, currently .4. Almost two thirds drop in price. Twenty-two, .22 long rifle available, and there was a drop, but not significantly. It is still, though, widely available. So, availability is out there. Twelve 12 gauge, again, a big curve going down from almost 7.5 all the way down to .3 or lower. 308, spiking at what is 1.5 going down to .7, you know, virtually cut in half. So, these are interesting things to look at in terms of ammo pricing. Now, although we still might say it’s not cheap, but it is substantially cheaper. And given what’s going on in the world and what may happen, because, you know, guns without ammo aren’t really useful. You may want to think about reloading now.

EvanNappen 14:01
If you are going to be reloading, you’re going to need a place to shoot. And I would highly recommend WeShoot in Lakewood. New Jersey. WeShoot is an indoor range. They are great folks. That’s where both Teddy and I go to shoot. Teddy, you had a comment prior. What were you going to say?

Page – 3 – of 10

Teddy Nappen 14:23
I was going to, well, I was going to say, Welcome to Mad Bullet. But I also was going to point out. I remember, I think it was under Obama in ’08, they were selling the .22s that were in those sealed containers or so?

EvanNappen 14:42
Yeah, those were cool. They were, like, nitrogen sealed containers, yeah? Nitrogen sealed to keep them super fresh. I haven’t seen them in a while. I haven’t seen them again.

Teddy Nappen 14:53
But I remember your telling me those were one heck of an investment, just along the line.

EvanNappen 14:59
Well, especially when at one point, .22s did go through the roof, when there was a shortage, a major shortage. So, look, that’s why you want to stock up. And then, of course, if you want to shoot, we gotta get back to, get back to the range, man. You’ve got to get to the range. Gotta go and shoot and stay in tune. And Teddy, as you and I often do, WeShoot is a great place to go. They offer certificates for getting your carry. As a matter of fact, Teddy and I were just talking about how folks need to make sure that your certificate does not expire if you’re going to reapply. Because they’re good for two years, but that’s it. If you need to renew, you don’t want to lose your ability to have your New Jersey carry be active with your ability to get a renewal. So, make sure that you have your current CCARE and that it is within that two-year period. If you need to get that course again, WeShoot offers it. They also have a great pro shop, and they have a fantastic staff. We love it there, and I’m sure you will, too. And you can go to weshootusa.com for more information. Check out their website. weshootusa.com.

EvanNappen 16:23
Additionally, the Association of New Jersey Rifle & Pistol Clubs, which is out there fighting for our rights and helping to make a difference across the board. We’re proud to be have Association as one of the sponsors of our show. They are the premier gun rights group for New Jersey and the NRA affiliate for the state of New Jersey. So, it’s important that you belong. It doesn’t mean you shouldn’t belong to other organizations as well. You should belong to as many as you can, but make sure you belong to the Association of New Jersey Rifle &Pistol Clubs, anjrpc.org. By joining this group and other groups for that matter, there is power in numbers, and the numbers make a difference. It’s how we get influence, and we have very important things coming up. Not only fights for legislation, but fights for who the next Governor is going to be, and fights taking place in court. All kinds of things where the eternal vigilance is required. The way to help manage that so you know that you’re part of the solution is to belong to your NRA state affiliate, the Association of New Jersey Rifle & Pistol Clubs. To join, simply go to anjrpc.org, anjrpc.org, and sign up today. Be part of the solution, and you’ll be proud that you are.

EvanNappen 18:01
This is the time when I shamelessly plug my book New Jersey Gun Law. It’s the Bible of New Jersey gun law. It is your indispensable guidebook to surviving in New Jersey as a gun owner. Everyone that has it, loves it, and it is the key resource that you will go back to over and over again. It’s 120 topics, all in a question-and-answer format. We will email you updates and let you know. When you get your

Page – 4 – of 10

book, scan the QR code right on the front and join for free to our private subscriber base. I’ll send you out email alerts to any new changes, and you get to access the archives and other updates that are already there, including the 2025 Comprehensive Update that is fully updated for 2025. There is a standalone chapter of “sensitive places”, where you can and can’t carry. All important things that you need to know. So, go to EvanNappen.com, that’s my website, EvanNappen.com. You’ll see the big orange book there,. Click it and make sure you get your copy today. Hey, Teddy, you have Press Checks. And as we know, Press Checks are free. What interesting Press Checks do you have for us?

Teddy Nappen 19:32
So, I always find it important to keep an eye on the anti-gunners and the gun rights suppressors, because you can always see where their focus is on. I know we touched on it prior from TheTrace where the Supreme Court upheld the Biden administration rule targeting unserialized, untraceable ghost guns from the article allowing federal authorities to regulate the sales of kits and parts used to assemble the weapons. (https://www.thetrace.org/2025/03/ghost-gun-kits-supreme-court-atf-biden/) By the way, if you ever get a Supreme Court case and the dissenting opinion is by (Clarence) Thomas and (Samuel) Alito, you know you’re in the wrong. Just saying. As they were arguing about the federal law allows ATF to regulate not only fully functioning firearms, but also weapons that are designated to function like guns or can easily convert them. And they then lead to how the ATF for tracing a surge from 2017 of 1,600 to more than 27,000 in 2023, of the available figures of the ghost guns.

Teddy Nappen 20:58
And this got me thinking, because you always talk about how Americans have been building guns since the founding of our country. Well, I wanted to touch on that and kind of think along those lines. What was it like living out in the colonial times? Like, if you needed a firearm, what was the idea of having to build your guns?

EvanNappen 21:23
You ordered it off Amazon.

Teddy Nappen 21:24 Well, of course.

EvanNappen 21:25
There were no gun laws then.

Teddy Nappen 21:27 Yes, of course.

EvanNappen 21:27
So, what did you discover about the colonial and pre-colonial days of guns?

Teddy Nappen 21:36
Well, to kind of start things off from the Colorado School of Gunsmithing. (https://schooloftrades.edu/the-history-of-gunsmithing/) By the way, this goes back to the very

Page – 5 – of 10

beginning of the gunsmithing trade, to the 12th century in China, where the right of firearm, which was just a stick with a barrel with a central boom stick. Then it moved over to Europe, and then Italy, where you had the early craftsmanship of barrels. Then in the Middle Ages, you actually saw the professionalism, which made, I love the idea of the gunsmithing guilds of the olden days, where you had,

EvanNappen 22:17
But these were individuals building guns.

Teddy Nappen 22:20
Yeah, right. Imagine that. And it actually was smart. You had the gunsmithing guilds actually beginning to form, particularly in Germany, where the first was grouped in 1463. The idea was they would have these gunsmiths near the armory, near places that are the towns where you could maintain all the firearms for them. And I think it was Henry the VIII who began asking leading gunsmiths to come to London to keep up the arsenals. So, you kind of see where the early craftsmanship, where there was no, oh, how could they allow such a thing of firearms? No, it’s pretty common for people to be building guns, such as was the trade.

EvanNappen 23:08 And encouraged.

Teddy Nappen 23:10
Yeah. And then we get to America, where the early stages, and I thought this was kind of cool. There’s a great article written up called, “Early American Gunsmithing: A Family Affair”. (https://www.claytoncramer.com/popular/GunmakingAFamilyAffair.html) Gunsmithing was very much like you kept it in the family, and it was a passed on trade. You essentially had to marry into gunsmithing at times where they would find.

EvanNappen 23:39
Well, it was a trade, right? It was a trade. So, yeah.

Teddy Nappen 23:43
Yeah, and just to give you a perspective. The Pennsylvania gunsmith, John Henry, where he would be building and buying parts for various assembly for gun locks and completing guns and building them up. They also had other early makers, they seem to have traced. They found Thomas Nash who settled in New Haven in 1640. He was not only a gunsmith, but also the colony armorer. He was ordered to keep the town muskets in his hands and to look to after them that they always been in good order and fit of service.

EvanNappen 24:24 That’s a good job to have.

Teddy Nappen 24:25

Page – 6 – of 10

I know, right? Make sure everyone’s armed. And he passed this down to his son. His first son, John Nash, became the first expert witness of firearm liability suit in 1645.

EvanNappen 24:41
Really? So, he was one of the first experts.

Teddy Nappen 24:43
Yeah, and you kind of see. Then, of course, the Hawken family.

EvanNappen 24:43 Oh, yeah!

Teddy Nappen 24:45
It included 15 gunsmiths. That’s one hell of a family.

EvanNappen 24:57
Yeah, and Robert Redford still had trouble getting a .50 cal one, didn’t he?

Teddy Nappen 25:02
I know. He found it on a frozen man who he fulfilled the last will and testament.

EvanNappen 25:07
Heh, that was a good deal. That was a good deal. You can’t beat finding the gun for free, frozen in the woods.

Teddy Nappen 25:15
Yeah, and it was very interesting where you see the early development of the gunsmithing trade. These guys built up such a reputation that later they had a point of where they would like start recruiting. And then they started ordering more and more. Like, hey, this guy’s gunsmithing, place an order. You got to get yourself a Hawken. And what later would lead to. I found from actually the Library of Congress. I highly recommend checking out these sources, because you’ve got to read these articles that they preserved in the Library of Congress. (https://guides.loc.gov/american-firearms/gunmakers/) They actually show the early developments and all these historical citations of early gunsmiths. Particularly, Henry Derringer, who began his business in Philadelphia. (https://guides.loc.gov/american- firearms/gunmakers/deringer) By 1810 he was producing flintlock rifles and government contracted muskets. And then, I love Remington.

EvanNappen 26:16
Of course, he made the famous pistol that was used by John Wilkes Booth to kill Lincoln, right?

EvanNappen 26:26
But it’s not the gun, it’s the person. And they were popular because they were pocket pistols that could be used for defense. And nowadays the name Derringer becomes synonymous with that type of handgun, but he was an individual maker, as you’re pointing out. All these folks were individual makers,

Page – 7 – of 10

manufacturing, and this is about as long lasting an American tradition as there is. Yet, now, they want to close down the ability for any individual to make a gun. It can only be a licensed corporation. Well, you know, the founding fathers wouldn’t have stood for that, and throughout most of American time, it would not have been acceptable. Yet here, somehow, today, they think they can just mandate that only a licensed corporation, you know, where they’re exerting the state and governmental control over what is necessary for the exercise of a Constitutional right. It’s pretty outrageous when you boil it down in that way, don’t you think?

Teddy Nappen 26:26 One might say.

Teddy Nappen 27:51
It actually serves a very important purpose to have many of these gunsmiths and traders currently. Just look toward George Washington, who established Springfield Armory. And do you know what they did? They went around the country recruiting gunsmiths who helped build up the armory. So, we should encourage and have more gunsmithing across the country, because we need them. The fact of the matter, like, if there ever comes a time we need more manufacturing and the ability for people to repair and have milling machines and ability.

EvanNappen 28:28
Guns keep us free, and our founding fathers knew it. But somehow, primarily the Democrats, seem to forget it all the time. Just look at it as a scourge instead of an insurance policy for our rights and our freedom. Well, you know, I have a letter here from Charles. Teddy, I want to thank you for talking about that very interesting topic, and it is definitely something to reflect upon. What America is all about and what our traditions are, and how they’re trying to change that and cost us our rights.

EvanNappen 29:09
But Charles here wrote an interesting letter. It says, good morning, Mr. Nappen, happy Monday. Great show this week, as usual. I was asked a question on pocket carry holsters and the legality of it. I’m on the road right now and unable to access your book. I don’t know where to begin to look for it in the link. No rush to your answer. I know you’re a busy man, or if you could share with us the answer. I’m happy to do that. So, here’s the deal. Pocket holsters for pocket carry are fine in New Jersey, because the holster has to be concealed and carried on your person. As long as a pocket holster covers the trigger guard and the body of the firearm, then that’s a fine holster. You can have a pocket carry if it’s on your person and the holster meets the requirements for a holster. Your holster does not have to be, you know, outside the waist or inside the pants. As long as the holster is meeting the criteria under the statute of enclosing the trigger guard and the main body of the firearm and holds it securely, then you’re covered. That’s why the pocket holster is fine for pocket carry, as long as it is in a holster.

EvanNappen 30:37
Now, what I would not recommend is just putting it in your pocket, because then we’re going to have to do all kinds of creative legal arguments that somehow your pocket is acting as a holster. Whereas, if you have a pocket holster, well that’s what it’s made to be. It is a holster that’s made for your pocket. So, we don’t want to see you become a GOFU by having the wrong type of holster. Many times, if you

Page – 8 – of 10

have certain holsters, you want to make sure that they perform properly and don’t fall out at inappropriate times and do not re-seal. We’ve actually had cases where a person thought they popped open the holster with Velcro, but it closed back on them. And then they ended up when drawing the gun, it caused an AD, an accidental discharge. What we call a problem as that can end up costing you your gun rights. So, beware of that. And you know, we call the ads a dingus, right? Don’t be a dingus. And that’s because of Jesse James. I told that story before about Jesse, who shot two of his fingers off, fooling around with his gun. He never used profanity, and when he shot his fingers off, he said, dingus. Now, if I shot my fingers off, I think I’d say something a little worse than dingus. But you know, his men, I think, fell off their horses laughing about it, and they ended up calling him dingus as a nickname, which I guess only his men could get away with. But don’t be a dingus. So, be very careful about your holster. You want to make sure you’re meeting the criteria under the law. These are important GOFUs that you don’t want to have a problem with.

EvanNappen 32:39
But I want to point out specifically this week’s GOFU. And, of course, the GOFU is the Gun Owner Fuck Up. These are lessons that other individuals have learned at great cost, and I want you to be able to learn them for free. One of the key GOFUs to be aware of is a so-called wellness check in New Jersey. Somebody thinks they’re helping you out and calling in a wellness check. Keep in mind that on the so- called wellness check, the police are going to come, and they’re going to check on you or somebody else in the house, because some do-gooder called. I often see that this leads to gun confiscation and the person being taken away for a mental evaluation. So, they’re not only seizing guns, they’re seizing the person. And then quite often, after the eval, which is often very short, often less than a day, less than an hour. I mean, whatever it is they get to. It’s short. Then they say, oh, you’re okay, and they let you go.

EvanNappen 33:06
Now you have to deal with getting your guns back, and there are many complications. First of all, New Jersey wants to get their hands on your guns, and they don’t want to give them back. They like to steal everybody’s guns. And then we have to deal with the issues of the mental health that got raised, and they’ll try to use that to revoke your licenses and keep your guns. So, this is a very dangerous situation in which easily a so-called wellness check can happen. And you’ve got to be very cautious about those things happening to you or someone else in your household. Because often they’ll take all the guns in the household, even the person who called about the wellness check. Now, look, I understand. If you have a serious issue and you have to weigh those things and do what’s right for you in terms of that, but at least do it knowing that you’re probably going to have to have a fight over your guns and your gun rights. We get those cases all the time.

EvanNappen 34:41
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens criminals. They protect criminals from honest citizens.

Page – 9 – of 10

Speaker 2 34:56
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 – 10 – of 10

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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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Episode 241-Ten Tips to Stop NJ From Stealing Your Gun Rights

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Gun Lawyer– Episode 241

SUMMARY KEYWORDS

New Jersey gun laws, gun seizure, forfeiture, red flag law, duty to warn, gun safe, gun club

membership, gun storage, expungement, gun rights, gun ownership, legal proceedings, gun theft, gun

rights suppression, gun lawyer.

SPEAKERS

Teddy Nappen, Evan Nappen, Speaker 2

Evan Nappen 00:15

I’m Evan Nappen.

Teddy Nappen 00:17

And I’m Teddy Nappen.

Evan Nappen 00:18

and welcome to Gun Lawyer. New Jersey loves to steal your guns and steal your gun rights. They love

to turn law-abiding citizens into criminals. They love to suppress our Second Amendment rights. What I

want to talk about today is to give you 10 important tips on how to defeat New Jersey. Should you

become a victim of a New Jersey gun theft, where New Jersey, the state of New Jersey, seizes your

firearms and attempts to take away your gun rights and keep your guns by what they call forfeiture. The

Nazis called it expropriation of property, but New Jersey calls it forfeiture. When these things happen, it

can be extremely emotionally upsetting, because your privacy is invaded. Your home, your sanctuary,

has been invaded. Your property has been seized and taken, and now you’re going to have to fight to

regain your property and stop the Government from taking your rights.

Evan Nappen 01:38

And these battles, if you will, can take place under different legal proceedings. New Jersey has quite a

number of ways. One can be via a weapon forfeiture hearing after a domestic violence seizure. Another

can be what’s commonly known as Red Flag, but in New Jersey it’s an ERPO, an Extreme Risk

Protection Order, seizure and then you fight to get your guns back. Another is the so-called duty to

warn where any medical professional, even nurses, social service, social workers. I mean, just to list

ridiculous. They have an obligation to call the police if you make any statement to harm yourself or

others. Even if it’s just a hyperbolic statement, or, you know, oh my god, had such a bad day, I could kill

myself, or kill that guy, or whatever. Even though you didn’t actually mean. It doesn’t matter. It’s like

making a bomb joke at the airport. Police come and take your guns. Now you get up to fight to get them

back. They can also be seized pursuant to a search warrant where there’s alleged criminal activity, and

whether there is or isn’t, it doesn’t matter. They get the warrant, and they take it. I’ve seen it even where

the guns are just taken with no actual statutory authority whatsoever. They’ll just say, oh, it was a

Page – 1 – of 11“community caretaking” function, for the safety of the public. You know, just some BS reason. But still,

you’ll have to fight to get your rights back.

Evan Nappen 02:59

And under New Jersey’s licensing law, they can bring a motion at any time to revoke your licenses. So,

they usually throw that into the mix – the revocation of your Firearms ID Card, Carry Permit, pistol

purchase permits, whatever you have. They’ll move to revoke them, and the battle is on for your rights

and for your property. And what I want to do here is outline important things that you should think about

and do in order to put yourself in the best possible position when it comes to fighting these types of

actions in court. So, number one, you should be a member of a gun club. Being a member of multiple

clubs, organizations, etc., that are sportsman organizations, is important, along with a gun range.

Because by being a member of a club, a range, a group, an organization, it shows that your purpose

was to partake in the shooting sports. You were a Club Member. You had these firearms for this

reason, although that’s not a requirement in law. Because you’re allowed to have guns for any lawful

reason you wish. But in the fight, we have to be able to present that you had it and that you were a

member of these organizations or groups or clubs. A gun club can be very helpful in painting the factual

picture about you to get your firearms and your rights returned.

Evan Nappen 04:26

The other thing is how the guns were stored. So, your firearms should be stored in a gun safe.

Nowadays, gun safes are easily acquired, and you can have a wide price range of gun safes. I mean,

you can get a so-called gun safe that’s more of a gun locker, but it’s steel. It locks, and even that is a

security cabinet for guns. It’s better than not having anything. If your guns were secured in a gun safe,

that’s yet another thing to show that you were safely storing your firearms, and only you should have

access to those guns. Not your wife. Nobody else in your household. It’s your guns. It’s your gun safe

and only you had access. And this way we can put that forward. Only you had access to your guns, and

they were safely stored. Again, painting you in a great light. Is it required to have a gun safe? No. The

only thing required under New Jersey is that you don’t allow a minor to access a loaded firearm. But if

you want to increase your chances and paint the picture that needs to be painted to show just how

responsible a person you are, you want to have a gun safe.

Evan Nappen 05:35

And don’t stop there. You should have an alarm system. It’s very reasonable these days, with Ring

system and others to have an alarm. Particularly with Ring, you can have cameras for security. We can

talk about how your home and/or the gun room was secured with cameras and with an alarm and a

safe. And that kind of thing, again, presents very well on your behalf, when we’re arguing that you’re not

a danger to public health, safety, and welfare. You’re a responsible gun owner. So, those things are

good. Plus, with cameras and with that kind of protection, if your guns are seized, often there can be a

recording of what’s taken. So, if something disappears, we have proof that it was seized because it was

actually recorded in terms of the seizure. That can be very helpful as well. So, think about that.

Evan Nappen 06:32

The other thing you want to do is you want to make a list, a private list for yourself, of your guns, with

serial numbers, descriptions, photos, if possible. Because when the guns are taken, condition can

Page – 2 – of 11become a question. Guns can vanish, disappear, or not appear on property lists. All kinds of

shenanigans can take place. Sometimes it’s negligence. Sometimes it’s intentional theft. Who knows?

I’ve had theft cases by law enforcement. I’ve had negligent cases where property was lost, and having

that list with descriptions is great. It’s proof of what you had and what we want back. But you don’t want

to store that list in the safe. You want to keep it in a safe, secure place, other than with your guns. You

could have it as a printed list hidden somewhere or hidden in your computer. If you do have it in your

computer, make sure you have a hard copy somewhere else as well, hidden, or at least the data on a

thumb drive somewhere. Because often computers themselves get taken by the Government, and then

you won’t be able to access the very documents that you need.

Evan Nappen 07:41

Try to have your ammunition stored separately, not necessarily in the gun safe. If you have a separate

locked container for ammo, again, it will present you as very responsible. You want to make sure that

the ammunition is stored safely. I once had a case where a guy had pallets of ammo, which are

perfectly legal, and they were stored next to the heater of the house, which was stupid. So, you don’t

want to be that guy. Have your ammo. Have it stored, have it locked. Have it stored safely in a cool, dry

place where it’s not subject to any kind of creation of danger that could show you as being

irresponsible.

Evan Nappen 08:21

If you have anything in your background that you can get rid of, criminal charges that did not result in

conviction, criminal charges that do not necessarily, in any way, disqualify you per se, let’s face it.

You’re a convicted felon. You can’t have any guns at all. But if you had certain misdemeanor charges,

dismissed charges, anything like that. They just give you a criminal record of arrest, criminal record of

charges, you’d be able to get those things expunged. And I would highly suggest that if you can clear

your record, you want to have a clean and clear record, regardless of whether the offenses there are

actual disqualifiers or not. Now, if you have an actual disqualifier, like a felony, then by getting an

expungement, you can actually restore your rights and not have that be a disqualifier. And you can own

guns again, at least not having that being a disqualifier. But even if you don’t have a per se disqualifier

but you have a record, by getting it expunged that will erase it, remove it, and present you in even a

much better light. With an expungement, the prior matters that expunge are deemed not to have

occurred by law, and the databases are scrubbed so it doesn’t come up. And this way you are squeaky

clean in your background.

Evan Nappen 09:39

Also, try to have boxes or cases or gun sleeves. Make sure you have enough containers or sleeves for

your guns should they be taken. Because if you can get the guns, at least with some of those silicone

sock sleeves or in gun cases or even the original boxes, evidence rooms are notoriously bad. They pile

guns one on top of each other. I’ve seen the most disgusting, just nauseating scenes where there’s a

milk carton. You know, one of the plastic milk cartons with just handguns piled one on top of another in

a milk carton. Metal to metal. Just a pile of them. And when we were retrieving the property, the

evidence officer brought the milk crate and just slams it down on the cabinet with all the guns in it

banging against each other. Oh, my God. I’ve seen long arms stored.

Page – 3 – of 11Teddy Nappen 10:42

My favorite one was the Theodore Roosevelt rifle.

Evan Nappen 10:45

Oh, wait, I’ll hold that. I’ve seen rifles stored uncased, barrel down in circular barrels, you know, crash

barrels. Just all of them banging against each other. I mean, it’s just. Look some evidence rooms are

very professional. Others are a nightmare. If you can have a way to have your guns cased in boxes, or

at least in sleeves, it’ll help protect them and also keep them from getting rusty. It’s not like these

evidence rooms are climate controlled, or anything like that. So, this way, when we get your guns back,

hopefully they’re in good condition, you know, and this can help protect on that. Yeah, Teddy, you’re

right. I’ve had gun seized that were incredibly valuable. I had a client once who had a gun that was

given by Theodore Roosevelt to one of his cabinet members, and it was destroyed, supposedly

destroyed. A gun from the Custer’s last stand that was an Indian capture was supposedly sent to the

crusher. Luckily, my client had proofs of these guns that were taken and what they were. The

Government ended up paying, you know, a lot of money, big money, for the destruction, wrongful

destruction, of the property that we were able to prove belonged to the client and were seized.

Evan Nappen 12:20

If you are subject to police with lawful basis to take your guns, such as a warrant, such as a Red Flag,

TERPO, that normally has a warrant as part of it, or a Temporary Restraining Order domestic violence

that normally has the warrant as part of it. If they have the correct legal process and they’re authorized

to take your guns, then the best thing to do there is to open your gun safe and let them do their job. Not

opening the safe will only lead to your safe being destroyed and property possibly damaged in the

opening of a safe. You might even be charged with resisting or something along those lines. You’re

way better off if they’re legal to take it, to let them take it. Then we’re going to fight to get them all

returned and come back to you. I’ve had cases where the entire gun safe was taken. I mean, a

Browning pro steel full of guns removed with a forklift and taken to the police station. No joke. We’ve

seen destruction of the safes, cut open with various tools, just destroyed beyond recognition. All those

kind of things. You don’t need that. Just if they’re authorized to take the firearms, your best bet is to let

them. Now, just because you do that, it doesn’t mean you make any statements. It doesn’t mean you try

to explain anything. But if they’re authorized to take them, cooperate to the extent that that the warrant

requires. But other than that, when it comes to making statements or talking to the officer, just say you

want to speak to your attorney. You have nothing to say, and get a hold of your attorney right away.

Your attorney can act as a shield, a shield between you and the Government. That’s important.

Evan Nappen 14:12

When you store your firearms, make sure that you don’t have any third party access. In other words,

your wife, your kids, no one else should be able to access your guns. And if they’re stored in a way

where third parties could access them, number one, that’s something they could draw against you as a

bad thing you were doing by not securing them from third party access. Additionally, if police come to

take guns and they’re fully accessible, then you lose any control over that situation to make sure that

the guns are properly accounted for and taken in an orderly and legal way. So, you don’t want to ever

have third party access to your firearms. Make sure when you have your firearms no one else can

access them.

Page – 4 – of 11Evan Nappen 15:04

You know, a lot of gun collectors love to have historical items, particularly military history. I, too, love

military history. I love it. And you know, part of military history is having relics that belong to those who

we defeated. Simply because I may have items from Imperial Japan does not mean I’m an imperialist of

Japan, and simply because I may have memorabilia from the Third Reich, in no way means that I’m a

Nazi or have any sympathies. As a matter of fact, just the opposite. As the famous line in the Raiders of

the Lost Ark, when Harrison Ford said, I hate Nazis. I join in that sentiment. But that doesn’t mean that I

don’t appreciate military items of all sides in World War II. If we ignore our history, then if it’s not going

to be repeated, as Mark Twain said, it will rhyme, and it’s important to have that. But do not leave

material like that on display by your guns. I’ve had cases where, of course, the state goes off on an

entire rampage that in the seizure of guns, the person had Third Reich items on display or any other

political historical group that they want to demonize at that time to place that upon you. So, be careful

with that.

Evan Nappen 16:52

Also don’t have any signs that jokingly refer to violence. Like, don’t have the sign, “Trespassers will be

shot, survivors will be riddled.” You know, stupid things like that. You don’t want those signs there.

Because I guarantee you that when they take pictures and they present evidence, they’ll have one

standalone picture of that stupid sign to try and show that you are a violent person who is inclined to

wanting to shoot and riddle individuals who trespass and survive the initial encounter. So, that’s just

one type of example. You’ve got to be smart about these things. If you take these steps to preempt and

insulate yourself and should you become a victim of New Jersey gun rights suppression, these things

will give you the best opportunity in fighting to regain your property and your rights.

Evan Nappen 18:05

As I said, belonging to a gun club is one of the great things you could do, and I can give you a high

recommendation to belong to WeShoot. WeShoot is a gun range in Lakewood, New Jersey, and you

can become a member of that gun range. You can participate in shooting activities and get training, and

by simply being a member, it immediately gives more credibility to who you are and what you’re about.

And those things can make a difference when we’re arguing for your case. So, WeShoot also offers you

all the fun of belonging to a range, having a great facility, having a great pro shop, being able to rent

and try guns, being able to get the training that you need. They are full service. And it is quite a

resource right there in Lakewood, easily off the Parkway. It’s where Teddy and I shoot. We have our

credentials. You should have your credentials. Check out at weshootusa.com. It’s a beautiful website

with wonderful photos. And join the WeShoot family.

Evan Nappen 19:15

Another organization you can be part of is the Association of New Jersey Rifle & Pistol Clubs. They are

the number one gun rights advocate in the state. And, of course, by being a member as well, you can

access, and will be able to access all of the great work that the Association is doing. Now, remember,

the Association is actually an umbrella organization of gun clubs, but they also have individual

members. They hold shooting matches, NRA sanctioned matches, and you can participate and be a

member of the Association and do target shooting matches. And if you get a range membership from

Page – 5 – of 11them, you’re now a member of one of the largest gun clubs in New Jersey, with the outdoor range up at

Cherry Ridge. A beautiful range where you shoot against the mountainside. It’s gorgeous up there.

They have a great clubhouse, and they do great work. And this, too, can add to your credentials to

show you’re a law-abiding concerned citizen about your rights. And depending on what you may be

experiencing, you may be able to be assisted even by the Association of New Jersey Rifle & Pistol

Clubs. So, join anjrpc.org today and become part of the solution.

Evan Nappen 20:37

I also would highly suggest that you buy my book, New Jersey Gun Law. It is the Bible of New Jersey

gun law. It’s over 500 pages with 120 topics, all in a question and answer format. It is your guidebook to

surviving in New Jersey. I explain all the different forfeitures in there. And these things Jersey does in

great detail, so you’ll know the game. You’ll understand how it works, and that, too, can protect you,

because you’ll know how they operate and what you need to do to protect yourself in this environment

that we call this Democratic People’s Republic of New Jersey. And there’s a reason for that, because of

the anti-gun agenda, the anti-gun rights agenda, the agenda of suppression that is placed upon gun

owners in New Jersey. You need to protect yourself, and you need to use knowledge in doing so. So,

pick up a copy of my book, New Jersey Gun Law. Go to EvanNappen.com, EvanNappen.com, and

you’ll see the big orange book. Click it and get your copy today. When you get the book, scan the QR

code on the front cover and join my free subscriber base. You’ll be able to immediately access the 2025

Comprehensive Update, where I’ve done chapter updates, including a standalone chapter on “sensitive

places” where you can and can’t carry. Plus, you’ll get notice of any law changes in New Jersey. So,

your book will stay current. Get my book, folks. It’s my labor of love, and it will help protect you, and

that’s what I care about. I don’t want to see any New Jerseyan become a victim of New Jersey’s gun

rights suppression. So, Teddy, what do you have for us today in Press Checks?

Teddy Nappen 22:28

Oh, as we know, Press Checks are always free. And it was actually pretty funny. One of my friends

sent me an April Fool’s video as a joke. But it kind of inspired something, and we got into a long

conversation. So, this is from TheToughestBeat.com, where the Pinal County Sheriff launched a

gunsmith certification program for inmates. (https://thetoughestbeat.com/inside-the-inmate-

gunsmithing-program/)

Evan Nappen 22:58

Oh, they’re going to give gunsmithing to those in jail, inmates. Well, that’s a great idea, actually. I’m

sure you know about one of the most famous inmates who ever made a gun.

Teddy Nappen 23:13

Carbine Williams.

Evan Nappen 23:14

That’s right. And he did it while he was in prison.

Page – 6 – of 11Evan Nappen 23:17

Yeah, he played him in the one of the greatest movies. I love it. If you’ve never seen Carbine Williams

played by Jimmy Stewart, you will love it, and it’s a true story. ()

Teddy Nappen 23:18

Also known as Jimmy Stewart.

Evan Nappen 23:21

For a pal.

Evan Nappen 23:34

Haha ha. Jimmy Stewart there did a great job, and this is an amazing story. Carbine Williams helped to

win World War II with his invention of the mechanism of the beloved M1 Carbine. It was his design as

an imprisoned felon where he was allowed to make a firearm in prison that became instrumental in us

fighting the Nazis and others, by the way. What else did you uncover about Carbine Williams?

Teddy Nappen 24:17

Well, I will give North Carolina credit. They do honor him with a full history and breakdown.

(https://northcarolinahistory.org/encyclopedia/david-carbine-williams-1900-1975/) So, yes, he was

honored to be the creator of the M1 Carbine. General Douglas MacArthur praised the M1 Carbine as

one of the strongest contributing factors to our victory in the Pacific. So, you can see value. Kind of just

a little brief history. Carbine Williams got in the moonshine trade, you know, liquor in the 1920s, and he

unfortunately ended up in a shootout where law enforcement arrested him at one of his stills and one of

the sheriffs had died. Now, it was never proven whether or not he killed that sheriff or one of the others,

but he was found guilty. He was.

Evan Nappen 25:04

Essentially felony murder.

Teddy Nappen 25:14

Yeah, second degree murder of Deputy Sheriff Pace. Then he was brought to the prison and go to

here, where it was very interesting. So, in the movie, he makes one rifle. It turns out he was allowed to

make four.

Evan Nappen 25:31

Four? He could, like, arm other inmates even, holy crap. That’s pretty good.

Evan Nappen 25:35

I wonder if they have a museum there for him? That would be really cool. I wonder if they do.

Teddy Nappen 25:35

Yeah. So, while serving his sentence in a labor camp of Topton in the Blue Ridge Mountains of North

Carolina, while supervised by Captain Harry Thomas Peoples.

Page – 7 – of 11Teddy Nappen 25:50

They do have. I did see this very cool plaque that they have honoring him. Giving, like, even naming,

imagine walking and seeing this, Carbine Williams, the inventor of the M1 Garand, died here. Like,

that’s, it’s how they.

Evan Nappen 26:01

You know, I have his book. Carbine. It was signed by him. I think I showed that to you, Teddy. It’s

actually signed by Carbine Williams. Yeah, it’s pretty cool. Well, it’s an amazing American story. So, is

this real? Is this? Are they actually offering gunsmithing in jails, now? Is that a real thing?

Teddy Nappen 26:02

No, it wasn’t.

Evan Nappen 26:19

Oh, man.

Teddy Nappen 26:21

I know, right?

Evan Nappen 26:22

Come on, that’s a great idea.

Teddy Nappen 26:24

It would have been honestly.

Evan Nappen 26:26

Because, look, if inmates actually learn a trade of gunsmithing, then when they get out, even though

they may be felons, that will actually be of help to them in getting a Relief from Disabilities federally, so

they can pursue the trade that they learned in prison, which deals with guns. So, it could actually have

a double win for folks. But I guess they don’t want felons learning gunsmithing, huh?

Teddy Nappen 26:52

No, instead, they want to give degrees for Gender Studies and, you know, affirmative action.

Evan Nappen 26:58

Well in prison, I don’t know if that’ll help us win World War III or not, but.

Teddy Nappen 27:06

Probably not. So, maybe some degrees in drones.

Evan Nappen 27:10

Yeah. Well, you know, the Carbine Williams story and movie is really an amazing story, but I love M1

carbines. They are magnificently historical. They’re wonderful collectibles, and they just speak World

Page – 8 – of 11War Two. They are just the pride of America. And, of course, New Jersey bans them as the assault

firearms.

Teddy Nappen 27:33

Of course.

Evan Nappen 27:38

Period, end of story. So, they’re unlawful to possess in New Jersey. Even though a straight stock Mini-

14 is legal, you can’t have an M1 Carbine. I mean, it just makes so much sense. None of it should be

banned. It’s outrageous. At one point, the U.S. Government was selling M1 Carbines direct to your door

through the DCM. the DCM Carbines. They’d mail it right to your door. And they were doing it to

promote marksmanship through the Division of Civilian Marksmanship.

Teddy Nappen 28:13

And every purchase came with a free Rockola jukebox.

Evan Nappen 28:18

Well, Rockola Jukebox company was one of the makers of World War Two Carbines. So was IBM, the

computer company. So was postal meter that made postal meters. So was Inland Division, which was

that of General Motors. So, the wartime production, you know, that’s just to name some of them,

converted to arms manufacturing and made what essentially was the design of a convicted felon to

make those guns. Pretty good.

Teddy Nappen 28:47

It would actually be kind of interesting if we ever got to that point and you ended up, like, a Google AR.

Like, if it ever got that bad to a degree where we needed that much manufacturing.

Evan Nappen 29:03

Hmm, well, hey, it’s interesting. Well, too bad that was just a joke. But I bet there may be some prisons

that might actually consider doing this. I mean, if it’s done under relatively controlled circumstances, as

it was with Carbine Williams, then it’s just guns. And of course, the attitude about firearms was different

in those days. There was not the organized effort to demonize them and to make firearms intrinsically

evil, somehow. And unfortunately, you know, the anti-gun rights folks, the gun rights suppressionists,

have waged this propaganda war that has made inroads in America’s attitudes toward firearms, thereby

harming our rights.

Teddy Nappen 29:58

I will say, from my research. This was from USCarbineCal30.com.

(http://www.uscarbinecal30.com/williams3.html) They did a whole write up where they actually show the

rifles that he made. They were all semi-automatic. The first one he did was a .22 rimfire using the

loading chamber design, which also served as a short stoke gas piston impacted the face of the bolt

when operating the action. The second one, which I thought was kind of cool, he actually based it off of

the Remington Model 8 semi-automatic rifle. That was the one he built.

Page – 9 – of 11Evan Nappen 30:35

You know, to some degree, Kalashnikov also took some of the design elements of the Remington

Model 8, by the way, too. If you look at the safety of the Kalashnikov and then look at the Model 8

safety, I think you’ll see the similarities. So, yeah, well, gun design is important, and it evolves. But I’ll

tell you, in the gun right suppressionist countries that have succeeded in disarming their sheeple, we

were talking about the machete ban in Australia, land of sheeple there, that where that’s taking place.

Well, I have a letter here from Mike who says, Evan, I just saw this article on machete. I just listened to

your most recent podcast, and now I see Germany is on the same path as Australia.

(https://www.infowars.com/posts/german-police-union-fumes-as-machetes-go-on-sale-in-berlin-

supermarket-despite-79-knife-crimes-daily) You are correct. Maybe it’s time to stock up on machetes.

To be honest, I can’t believe compound bows don’t require a purchase permit. Hey, you never know.

Never put anything past New Jersey. I once had a case where my client was charged under a town

ordinance for shooting his bow and arrow. The town did not have an ordinance against shooting bows

and arrows, only against firearms, but they charged him with shooting a firearm, to wit a bow and arrow.

And so, my question is, what do you have a string gun? I mean, what is this? It’s not a firearm, and it

was absolutely a false arrest. He actually later sued them over it successfully.

Evan Nappen 32:14

But I have another letter here from Bill. This is a short one, but I feel I should read it. It says, Bill,

regarding Gun Lawyer show 6-1-25. Great show, gentlemen. Very informative, especially regarding

federal law regarding toy guns. Well, thank you, Bill. That was simply a compliment, which I’m happy to

boost my ego by reading to you folks. So, thanks. Thanks again, Bill. I really appreciate that you guys

listen, and you gals listen. It means a lot, because I really want you to be protected and not become a

victim. I want to see you remain defenders of both yourself, your family, your loved ones and our rights.

It’s critical for that.

Evan Nappen 32:58

Well, we have now come to one of our favorite segments of the show, which is the GOFU, that is the

Gun Owner Fuck Up. And the reason we look at GOFUs is because they are expensive mistakes made

by law- abiding citizens normally, that costs them a lot in their rights and money and potential freedom,

and you get to learn from their mistakes for free. So, this week’s GOFU concerns an actual case that

I’m aware of where this individual unfortunately had his very young daughter, less than 10 years old,

say stupid things in school. We’re talking about, you know, a very young child who got into an argument

with some kid or whatever, and she said, you know, my daddy has a gun and will shoot you. Something

along those lines. Well, that’s all you need. Because next thing you know, the school’s on it, and the

police get involved and everything falls. You know they’re dangerous. Access to guns just explodes and

escalates into seizure of the father’s guns and having to fight to get them back. And allegations across

the board over any type of danger, etc.

Evan Nappen 34:24

So, the GOFU here is, frankly, you have to tell your kids. You have to tell your kids never, ever mention

that your family, your household, your father, your mother, your brother, anybody else, has firearms, or

that the family owns firearms. And never threaten about the ownership of firearms. You must instill in

your kids not to talk about guns in school. And particularly guns that may exist in your household. I’ve

Page – 10 – of 11seen this GOFU over and over again. Kids get a picture of a gun, even when mom or dad was showing

them their gun, and legally, lawfully shooting the gun with their child is allowed, and a picture is taken

even just of the gun, and next thing you know, that’s being text around and viewed as a threat. Or

whether there’s any kind of statements being made about gun possession, etc. They’re hyper, and they

have an agenda. This plays into the agenda of the state. So, make sure you explain to your loved ones.

Never talk about firearms that you or any family member has and never make any threats in any way of

harm to anybody, especially threats of harm with a firearm.

Evan Nappen 35:55

This is Evan and Teddy Nappen reminding you that gun laws don’t protect honest citizens from

criminals. They protect criminals from honest citizens.

Speaker 2 36:05

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 – 11 – of 11

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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.

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Episode 240-How Many Guns in the US?

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Gun Lawyer– Episode 240

SUMMARY KEYWORDS

Firearm ownership, privately owned guns, anti-gun laws, Second Amendment, gun rights, firearm manufacturing, machete ban, youth marksmanship, toy guns, gun safety, gun laws, gun rights suppression, firearm training, gun legislation, gun ownership statistics.

SPEAKERS

Speaker 1, Evan Nappen, Teddy Nappen, Speaker 2

Evan Nappen  00:15

I’m Evan Nappen.

Teddy Nappen  00:16

And I’m Teddy Nappen.

Evan Nappen  00:18

And welcome to Gun Lawyer. So, here’s a question that I’ve pondered, and I bet many of you have, too. Now we have some updated information to get an answer to it. And the question is, how many privately owned firearms are there in the United States? We’re talking privately owned, not even owned by, you know, the Government, the military, etc. How many privately owned firearms are in the United States?

Teddy Nappen  00:50

Now, it’s the total number of the firearms?

Evan Nappen  00:53

Total number of guns in the U.S. It is interesting to know this figure, especially when you start thinking about those that want to suppress our rights. So, this is an article from AmmoLand, and it’s by one of my favorite writers in AmmoLand, who is Dean Weingarten. (https://www.ammoland.com/2025/05/update-533-million-privately-owned-firearms-in-the-united-states/) He says is that there are approximately, are ready for this, 533 million firearms in private hands in the United States of America in 2025. That’s right over half a billion privately-owned guns in the U.S. So, just taking that number, just letting that sink in for a minute, it shows you the absolute futility of anti-gun rights laws, and the farce of thinking that a gun ban could work. What a joke. They can’t even round up the illegal aliens, which pale in numbers compared to the number of guns.

Evan Nappen  02:15

I mean, these bans, apart from being an absolute violation of our rights and a violation of what is important for maintaining the security of ourselves and our families and our country, it is an incredible figure of such quantity that it is hard to really keep it in mind. I mean, think about it. Our current population is estimated to be like 343 million people. So, we have way more guns. We have almost 200 million more guns in private hands than we have people in the United States. It comes down to 1.55 firearms for every person in the United States. And that figure, by the way, which just warms my heart, is  growing by 15 to 20 million every year. So, even with that many guns, you still don’t have enough guns. Okay? So, if someone ever wants to know, when do you have enough guns? America doesn’t have enough guns. We don’t have enough guns. There are never enough guns. Yeah, guns are just endlessly desired with good reason.

Teddy Nappen  03:49

It actually kind of, you know, every time I hear them say, oh yeah, we could confiscate and, you know, round up all the firearms. They can’t even keep them out of jails.

Evan Nappen  03:57

It’s such a joke. What a joke. Yeah, and, you know, the other thing that’s funny is, with 533 million privately-owned firearms in the United States, one of the things they don’t mention is that I think my wife believes that the vast majority of those guns are owned by me. But anyway, it is really a startling figure. I mean, I used to run with a number that was about 300 million. But that was old, old numbers. I mean, it is way up there. Apparently this was figured out based on data from the manufacturer, importation and exportation of firearms, and this is record, since World War II, talking about researchers that have put all this together. And it’s really, really interesting.

Evan Nappen  05:01

The AmmoLand article, which I highly recommend you read, is called “Update: 533 Million Privately Owned Firearms in the United States”. It also talks about Gary Kleck, in his seminal work, which is “Point Blank Guns and Violence in America”. And, you know, this was one of the main other areas where there was a lot of research done that was very influential by Gary Kleck. And there’s really just, ultimately, the estimate, by the way, at the end of 2023 it was 513 million. So, we’re gaining quite a lot every year. And the estimate, by the way, was calculated by the National Shooting Sports Foundation, a very legitimate organization, and they based it on NICs data, National Instant Check data, reported by the FBI. And by the way, calculating on that, it adds another 16.5 million in 2024. So, 533 million guns in America, that is in private hands. That really is an amazing number, and we have strength in numbers. Those numbers are the embodiment of what the Second Amendment means. The right to keep and bear arms is the foundation to our firearm ownership. And it’s not surprising that we have that number, really, because we are a country founded by guns, a country that was pioneered with guns, a country that expanded with firearms, a country that is very familiar with firearms in every way.

Evan Nappen  07:16

And you know, the mainstream media focuses on the negatives of firearms, but that’s really a very small percentage of the firearms that are privately owned. Think about that. It’s an incredibly small percentage. It’s almost statistically insignificant, if you looked at the number of guns used in crime compared to the number of privately owned firearms in America. But, of course, we don’t want to see anybody do anything wrong with guns. We don’t want to see bad guys committing atrocities with guns. We all agree with that, but it isn’t the gun. As we all know, it’s the person. The firearm is a tool, and that is it. Like anything else that we own or have, it can be used for right or wrong. It can be abused. It’s pretty basic stuff that the gun rights suppressionists always try to cloud over. They always try to obscure whenever we’re dealing with trying to protect and stand up for our rights.

Teddy Nappen  08:31

Yeah. A question. I’m curious. Well, with all the massive amounts of investment in manufacturing that Trump is bringing to back to our country. I’d be curious to see if the number of firearms, if it actually increases dramatically over the year, because you’re saying it’s about 20 million growing every year. It’d be funny to see the number just jump.

Evan Nappen  08:53

I’m hopeful we’ll see an increase in domestic firearm manufacture. That helps keep us strong, especially if we end up needing arms to defend our country and our freedoms. And you know, if we’re dependent on others to supply us with any kind of arms, even our basic rifles, then we’re in trouble. So, let’s make them here. I’ve got no problem with that. And foreign companies that make great products, fine. Build some factories here and make your great products here, too. Just like what’s being done with automobiles and so many other products. We need the manufacturing in America. It is so fundamental to what is the wealth of a nation. All you’ve got to do is read the classic by Adam Smith, “The Wealth of Nations” (published in 1776). And I’ll tell you; the wealth of a nation is its tools of capital production. It’s tools of production. It’s capital goods. If you don’t have the manufacturing capability, then you don’t have a very high standard of living, a quality of life. And you do not have a wealthy country. If you look at countries that have the most resources, they’re not necessarily the wealthiest countries. The countries that are the wealthiest are those with solid manufacturing, with capital investment in manufacturing, goods that are done in their country. And that’s what provides strength, security, and wealth of a nation. And firearms are definitely a part of that.

Evan Nappen  10:27

But it seems that other countries have forgotten that. Other countries don’t protect rights for individuals, not just on guns. Here’s a new one from the folks down under. The Aussies seem to have the same mental illness that the U.K. has when it comes to banning objects that they believe are intrinsically evil. You know, it’s just the object and not the person. So, now proposed in all places, Australia, is a machete ban. Can you imagine this? They want to ban machetes in Australia. Talk about a place where you freaking need machetes. I mean, it’s Australia. But that never stops a right suppressionists, does it? And this is from an article from BearingArms. (https://bearingarms.com/tomknighton/2025/05/27/proposed-australian-machete-ban-proves-some-people-never-learn-n1228713)

Evan Nappen  11:24

Tom Knighton pointed this one out, and it’s very interesting. The Australians are considering this bill for machete control. The Australian state government is banning the sale of machetes. Why? After a violent gang fight in a suburban shopping mall injured a young man. So, one bunch of idiots misuses machetes, and they’ve got to ban them for the whole country. It is law by lowest common denominator. You know, we can’t have laws that constantly take away rights, suppress our freedoms, and remove incredibly useful tools such as machetes, no less guns, because of the wrong doings of a few. Because of idiotic behavior of a few. Yet, Australia is apparently going down that very path by attempting to ban machetes. It says Victoria will be banning machetes from being sold anywhere in the state. It goes on about how they started restricting guns because of violence, and rather than addressing violence itself, what happened? Violent individuals moved on to another weapon, and they’re still not learning from their mistake. And Tom is absolutely right. Guns, like machetes, are tools. So, here we go, a machete ban. I’m sure New Jersey won’t be too far behind. So, if you want a machete, you better get it now. Do you know who’s got great deals on machetes? Actually, Harbor Freight. Harbor Freight sells machetes. They’re very reasonable, and they’re pretty decent for what they are, believe it or not. So, pick up some backup machetes that are unregistered machetes so you can keep in case you ever need them.

Teddy Nappen  13:33

To go off of that, what’s the one weapon you would need? The one thing, put everything aside, a machete. Australia has 21 of the 25 most venomous snakes. A machete is literally the perfect tool in the most dangerous place, and they’re banning it.

Evan Nappen  13:54

Yeah, if you’re gonna chop snakes heads off. But also, if you’re gonna walk through the jungle, if you’re gonna walk through Bush country, if you’re going to walk about, you need what? Machetes are useful on the trail. They’re useful in camping, useful chopping wood, useful for so many things. As a matter of fact, I prefer machete to a hand axe when I’m camping. It’s very useful. And how many times? And, you know, gardening and anything else. So, machetes are a very useful tool, without a doubt, and yet, you know so much for that. Oh, well, too bad this is just focused on the object. That’s it. I think there’s a some culture, some primitive culture. I think they’re called dado or something. I don’t remember the exact name, but what the culture does is they don’t blame the person, they blame the object. So, if someone is killed with a rock, they put the rock on trial. They put the rock on trial. They punish the rock. They don’t punish the person, because it’s a rock that killed the person when it hit them in the head. So, that mentality is what the gun rights suppressionists seem to embrace. They prosecute, go after, try to imprison and get rid of the item, instead of trying to control the wrong doer. It’s actually the rock that is on trial and the rock that’s going to be prosecuted and imprisoned. It’s that twisted mentality that we’re dealing with.

Teddy Nappen  15:35

Hey, don’t give Australia any ideas. They’re going to ban rocks next.

Evan Nappen  15:40

They might. They might. Don’t take it for granite. Ha, ha, ha. Yeah, you never know. There’s no end to the idiocracy that infests these so-called free countries. Boy, you know, it’s gotten so bad with the U.K. and Australia. I wanted to, you know, we thought about traveling there. I don’t even want to go there now. I don’t even want to go to these countries that are so stupid. There’s so little regard for human rights in terms of and they’re so illogical. They’re just full of illogic. And the countries have just, you know, they’ve lost what made them great. Lost it, and it’s just something I really wouldn’t want anything to do with them. I don’t want to even go there.

Evan Nappen  16:29

But a place I do want to go is WeShoot. WeShoot is an indoor range in Lakewood. It’s a place where Teddy and I both shoot. It’s a great indoor range, and they have some cool specials that I want to mention to you. They have the Sig Sauer 1911 FTC Emperor Scorpion pistol. It’s a rugged 1911 with custom flat dark earth finish, front cocking serrations and a trigger as crisp as they come. They also have a SIG P365 Rose. Now the P365 is a very popular compact carry gun, and the Rose is designed with women in mind. Yes, one of the fastest growing segments of gun owners is women, and rightly so. As the old saying is, God didn’t make men and women equal. Sam Colt did. And in this case, Sig may have. You can get a P365 Rose at WeShoot, and it is beautiful with a rose gold tone finish. It’s optics ready and has enhanced performance as a micro-compact carry package. They also have a Tokarev USA TX3 12 gauge, which is a rock solid 12 gauge shotgun with modern upgrades. Perfect for home defense or range time. So, WeShoot as some great specials. You want to check them out at their great pro shop. They will take care of you. They will get you equipped, and they will get you trained. They have top of the line training. Get your certification, your CCARE certification there so you can get your carry permit in New Jersey, like Teddy and I both did. You can take advantage of some of the greatest courses, great bargains and a great range. They treat you like family. Check out WeShoot at weshootusa.com.  Fantastic photography on their website. You will be glad you did. Go to weshoot usa.com.

Evan Nappen  18:43

Also our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are the gun rights group of New Jersey, the premier group. They’re actually an umbrella organization of gun clubs throughout New Jersey. But you can join as an individual member, and you should. Because they are the folks out there defending our rights. They have a full-time paid lobbyist at Trenton. They’re running litigation in federal courts going after the evil New Jersey rights suppression laws, as we speak. They have a fantastic printed newsletter. They send out email alerts so that you’ll stay on top of it. You’ll know what changes might be coming one way or another. You will know what fights we have to engage in to protect our rights. Please check out anjrpc.org.  anjrpc.org The Association of New Jersey Rifle & Pistol Clubs. Please be a member and be part of the solution, which is anjrpc.org.

Evan Nappen  19:47

It is this time that I want to mention and shamelessly promote my book, New Jersey Gun Law, the Bible of New Jersey gun law. Folks, if you want the guidebook to staying legal and not being a GOFU, you’ve got to get my book. It is fully updated. You can immediately scan the QR code on the front cover and get the Comprehensive 2025 Update with a standalone chapter on sensitive places. It’s over 500 pages, but it’s 120 chapters slash topics, all explained and easy to understand, question and answer. It is the book used by everybody in New Jersey. From the State Police Firearms Division all the way down to you and me. It is the book to help keep you legal. Go to EvanNappen.com, EvanNappen.com. You’ll see the big orange book there. Just click it and order your copy today.

Evan Nappen  20:49

We’re going to be hearing from Teddy with the Press Checks segment, but before we jump into that, I’m going to lay a little groundwork here on a topic that, yet again, we are seeing take place. There’s no end to running to destroy our culture. You know, the left always claims to want to protect culture. Yeah, but not our culture, not those that believe in the Second Amendment lifestyle. Oh, no, no. You see that’s where we have to attack it on every front. There is no stone left unturned in their zest to go after anything and everything that deals with firearms.

Evan Nappen  21:36

And here the New York Attorney General, Letitia James, yes, the infamous Letitia who is currently being investigated, by the way, by President Trump with her ongoing issues. But here we go. We have Letitia fines from Walmart for shipping illegal realistic toy guns to New York. I’m not kidding, folks. Toy guns. That’s right. She’s very proud to announce that Walmart was forced to pay $16,000 in penalties for selling toy guns. (https://ag.ny.gov/press-release/2025/attorney-general-james-fines-walmart-shipping-illegal-realistic-toy-guns-new) Realistic looking toy guns that, according to Letitia, can put communities in serious danger, and that’s why they’re banned in New York. New York’s never found anything that looks or crawls like a gun that they want to make legal. They’re just like New Jersey when it comes to that. So, they have a ban on realistic looking toy guns. And folks, when you go to that press release and you look at one of the “realistic toy guns”, what do you see? You see some plastic, obviously fake, sub gun that’s a joke with a bright orange tip that is plainly a toy. If you don’t recognize that that’s a toy, you must be a Democrat. I don’t know, because it’s pretty clear. Furthermore that looks to be completely in compliance with the federal law.

Evan Nappen  23:28

Let me tell you what’s interesting about the federal law. Title 15 U.S. Code 5001 dealing with imitation firearms. That law establishes the requirements for toy firearms to have that orange tip, to have certain features. It looks to me like the “realistic toy gun” was in complete compliance with federal law. And you know that federal law actually is preemptive, preemptive, meaning state law cannot supersede it in some specific instances. So, if you’re dealing with items that are preemptive, Walmart may have had an argument to be made that New York’s law is unconstitutional as preemptive. But I’ll tell you what, flat out, is preemptive, and what Walmart can absolutely sell by way of the preemption that is crystal clear in this 5001 part of the federal law, which is preemption. Listen to what it says, folks. Provisions of this section, which deals with air guns, replica firearms, and toy firearms. Deals with all that says, it shall supersede any provision of state or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provide. That no state shall, number one, prohibit the sale or manufacture of any look alike, non-firing collector replica of an antique firearm developed prior to 1898.

Evan Nappen  25:12

So, Walmart can sell all of the toy cowboy guns. The 1873 single action armies are pre-1898 “antiques, right? Any of those guns can be sold, and New York cannot stop them from selling those. It is pre- emptive. I don’t know if any of the guns they claimed Walmart was selling fall under the specific prohibition for that. They cannot prohibit the sale of any of those guns. So, your classic cowboy and indian toys, right? We all did as kids, but now it’s politically incorrect to do. It cannot be banned by state or local law. But I’ll tell you something even more that cannot be banned, because that’s part two. The other thing that states cannot prohibit, they cannot prohibit the sale of traditional BB, paintball or pellet firing air guns that expel a projectile through the force of air pressure. That’s right. Did you know that the sale of BB guns and pellet guns are preemptive and states and localities cannot prohibit them? I actually have a case directly on this from my firm, way back. It was Coalition v. Florio, and we utilized that provision of preemption right there to remove air guns from New Jersey’s assault firearm ban. That’s right. We won an injunction in federal court over air gun preemption of that very section that I just read you. So, it does have power. Federal preemption has power. Keep that in mind. Teddy, tell us about your Press Checks.

Teddy Nappen  27:22

Well, as we know, Press Checks are always free. So, kind of going with that whole attack on toy guns, I wanted to. It kind of reminded me of, if you recall, it was Daniel Defense, where they were trying to go after them. Making the argument that the company was marketing to children. This comes from the Texas Tribune. It was about a year ago, where the family members of the victims of a shooting. They brought this lawsuit against Facebook, Instagram, the makers of Call of Duty, and Daniel Defense, arguing that they were marketing to underage individuals, and then, because he turned 18, and then bought the rifle. So, it got me kind of thinking. Where did that go? The old days where the idea like marksmanship was part of youth, part of growing up, growing up as a boy, like learning. What happened to that passion of marksmanship? They’re saying, like, what they shouldn’t be doing that. Well, that’s in our history. As I pulled from, I wanted to look up, like old style, like, what was the idea of youth rifleman ship? It turns out, in the American Riflemen, there was a Winchester Youth Rifle Corps. A Corps that goes back to, the founding of it in 1914, I misspoke 1918. (https://www.americanrifleman.org/content/origins-of-the-winchester-junior-rifle-corps/)

Evan Nappen  29:05

So, World War One, right after.

Teddy Nappen  29:07

Yeah, right. Yeah, where was.

Evan Nappen  29:10

That would make sense. They want our soldiers to know how to shoot. And they look at the youth and say, we want youth to have marksmanship skills. It was important.

Teddy Nappen  29:20

And it traced back to these two books that inspired the founding of the Winchester Youth Rifle Corps. It was “The Citizen Rifleman” by E.J.D. Newitt and “Why Should Boys Be Taught To Shoot?” by General George Wingate, one of NRAs founders and presidents.

Evan Nappen  29:46

Teaching boys to shoot. Imagine such a concept. Wow. Well, he saw it as a military man and how important it was. That’s actually one of the reasons for what later became the DCM, Division of Civilian Marksmanship, and now is the CMP, Civilian Marksmanship Program. The idea is to have our citizenship able to shoot. It was recognized in the civil war that a lot of our men couldn’t shoot. You know, we’re a nation of riflemen, and we need to maintain that. And it starts with our youth.

Teddy Nappen  30:23

It was actually interesting where Wingate pushed for this because of his experiences from the Spanish American War. He was noticing all his people that it took them so long to train them to shoot. So, he  laid the groundwork early on. Then you have the Winchester Junior Rifle Corp. It was formed later, later in that finally formed, it pushed the idea of a youth rifle, a .22. And the one they were marketing was the Winchester Model 1902 .22. Funny enough, one of their first members was a woman, Ruth L. Russell of New Haven, Connecticut.

Evan Nappen  31:11

But wait a minute, his book was teaching boys to shoot. How dare a woman join that?

Teddy Nappen  31:16

I know, right? I guess he assumed her gender. On top of which, the Youth Corps was also colorblind. They allowed black Americans from Florida and New York City to attend it. Native Americans as well. So, very clearly, this was about uniting us as a nation of American marksman.

Evan Nappen  31:42

That’s right. The Second Amendment is for everybody, man. The Second Amendment is for everybody, and a nation that shoots is a safe nation. We want to make sure our people can shoot, and beginning young is important. That’s where toy guns can play an important role in learning gun safety and in familiarity with firearms. The right suppressionists know this. That’s why they want to stop youth from being exposed to even toy guns. They don’t want the acclamation taking place. They’re trying to go at it in every angle to destroy our rights. And how come it’s Democrats that always seem to be against us? It’s so few that ever stand up for the Second Amendment. I mean, basically, it’s virtually non-existent. I mean, if there’s a Democrat out there that will stand up and be pro-gun, be outspoken about being pro- gun, please show me them. Okay? Please show me them. I mean, I guess they’re out there, but, you know, good luck on that.

Evan Nappen  32:59

So, it really comes down to it’s critical that if you care about your rights, make sure you support those that want to support you. And it’s just a fact, and it’s a shame. Both parties should vigorously support our Second Amendment rights, but that isn’t the case, is it? And no less, trying to take down youth and stop youth from shooting. I mean, Teddy, didn’t you have great shooting? Teddy, you’re an Eagle Scout. Didn’t you do shooting in the Boy Scouts? Wasn’t that one of the things you did?

Teddy Nappen  33:37

That was one of my earliest merit badges. When I went to Hidden Valley, the instructor thought it was hilarious that I earned my shotgun merit badge in a day. Just like,

Evan Nappen  33:49

Well, you had a little bit of experience, and you knew. You knew what to do. Yeah, but that’s good. It’s good. And they have a great setup there for hitting. They had black powder. They had shotgun, and they had rifle. I think now they even have handgun, which is great. I give them credit for that. At least they have kept the tradition alive with scouting.

Teddy Nappen  34:12

That was the other point I noticed. So, it was from this article that was written up. It was called Boy Scouts, The National Rifle Association and Domestication of Rifle Shooting” by Jay Mechling. Bear in mind, the guy who wrote the article was very much a rights suppressor. He’s going off this belief that, you know, the mythology of how masculinity equals hunting. That was one. That’s the level of stupidity, but I will give him credit. He did cite some good examples of youth shooting. And guess where it was? In the Boy Scouts. The very first edition of the Boy Scout Handbook in 1911 included marksmanship as one of the first merit badges to earn. Imagine that? Actually wanting to teach young boys. And particularly for Boy Scouts, they were very much in the city or urban areas. They weren’t typical shooters. So, now they were building that influence. And he tries to draw this whole argument.

Speaker 1  34:33

There used to be high school rifle teams all over the place. As a matter of fact, my mom, your grandmom, Teddy, was on the rifle team in high school. She would bicycle to high school with her rifle over her shoulder, and they didn’t even have them in a case. She would bicycle to school. This was, you know, in the 50s. Bicycle to school and bring her gun. Put it in the locker and participate on the rifle team. And it was no problem. There weren’t massive school shootings in those days, even though there were guns in the lockers and rifle teams in school. I don’t think it was the guns that was the problem, was it?

Teddy Nappen  36:14

And it was actually pretty funny. In the article, he was trying to say the Boy Scouts of America and the NRA were in collaboration in normalizing rifle use and safety with young men. How dare they? Yeah, we should have more normalization of that.

Evan Nappen  36:32

Exactly.

Teddy Nappen  36:33

Rifle use and safety. What’s wrong with that?

Evan Nappen  36:36

Yeah, these people. And, you know, this is why we are talking about it. We’re trying to get folks to understand it, and we have to keep on getting the message out. It’s critical. Because the anties are relentless. The anti-rights suppressionists are relentless. The other thing you have to, of course, always worry about is their efforts have made it so that you can have problems, and we don’t want to see you become a GOFU. GOFUs are Gun Owner Fuck Ups in which gun owners make mistakes, and it can be big problems for them, expensive. We like to talk about those mistakes so that you don’t make them. You get to learn them for free.

Evan Nappen  37:33

So, this week’s GOFU concerns, make sure that you have your CCARE certificate. They’re good for two years, but only two years. Make sure that you have current CCARE and that you have the qualifying one. Because if you submit your old one and it’s out of date, you’re going to be denied. We’re seeing that come up for whatever reason. People are not realizing that you have a two year limit on the usefulness of your CCARE. And when it comes to any of these licensing requirements, take note of when your licenses expire. Make sure that your certificates for qualification are updated and current. This way you can continue to be lawful and licensed, particularly in The Democratic People’s Republic of New Jersey.

Evan Nappen  38:41

This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminal from honest citizens.

Speaker 2  38:53

Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

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About The Host

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Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

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Episode 239-The Big Beautiful and Silent Bill

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Gun Lawyer– Episode 239

SUMMARY KEYWORDS

Gun Lawyer, Second Amendment, Hearing Protection Act, National Firearms Act, silencers,

reconciliation bill, taxation, filibuster, gun rights, suppressors, short barrel rifles, President Trump, gun

legislation, NRA, gun rights organizations.

SPEAKERS

Evan Nappen, Speaker 2, Teddy Nappen

Evan Nappen 00:15

I’m Evan Nappen.

Teddy Nappen 00:17

And I’m Teddy Nappen.

Evan Nappen 00:19

And welcome to Gun Lawyer. President Trump is poised to deliver a first. He’s had many firsts, but this

is looking really good legislatively in the Congress. The reconciliation bill, the big, beautiful bill that

passed the House, has a very, very special provision for those folks that love and cherish our Second

Amendment rights. What we have is a repeal, essentially, of the federal law prohibiting silencers. I’ll use

the word prohibiting here, even though it’s technically possible to have a silencer. But basically, it’s

looked at as a federal ban on silencers and that is essentially what’s being repealed. It was attached to

the big, beautiful bill, which is a reconciliation bill, and the reason this is so important is that

reconciliation is one of the few areas where there is no cloture, no filibuster possible in the Senate. So,

the anti-Second Amendment rights, the gun rights suppressors and oppressors cannot get this bill killed

using filibuster or cloture, where you need to have 60 votes in order to get it out of the Senate. It’s

simple majorities in both houses.

Evan Nappen 02:16

This bill is very exciting. This law on silencers goes back to the 1934 National Firearms Act, and here

we are, all these years later, finally getting a repeal of that ridiculous law. The nomenclature, what we’re

calling it, is the HPA, that’s the Hearing Protection Act. And this is really great news. By removing

silencers out of the NFA, which we call suppressors today, we will be able to, throughout the country,

except, of course, in New Jersey and a few other states, because they have state bans on silencers.

But throughout Free America, the federal law will have been taken out by this Act, and suppressors will

be able to be easily possessed in the same manner that you possess firearms in Free America. So, this

is extremely exciting.

Page – 1 – of 11Evan Nappen 03:29

Next move is to the Senate, and in the Senate, you will see the companion bill that should hopefully still

continue to have the HPA in it, legalizing, for lack of a better word here, silencers. Also, we’re hopeful

that we can see in the Senate the addition of the of the SHORT (Stop Harassing Owners of Rifles

Today) Act, which is the law to legalize short barrel rifles, short barrel shotguns and any other weapons

also within the NFA, the National Firearms Act. If we can get those removed as well, that will cut the

National Firearms Act down to just covering machine guns and destructive devices. So, that’s very

exciting. Every bit of progress is extremely welcome. And even just getting silencers removed is a huge

step forward. As the rest of America freely acquires silencers so that they become in total common use

that enhances our ability to knock out New Jersey’s law as unconstitutional, even in litigation.

Evan Nappen 04:54

So, this is a great step forward, and the fun thing here is the politics of it in a way. We talked last week

about how there was controversy with Silencer Central over it, but that has been overcome. Originally

they were just lowering the tax, which was $200, to zero. Well, now it removes from NFA silencers and

suppressors. And what’s interesting is in a reconciliation bill that is not subject to those, particularly

Democrat tactics in the Senate, where they would kill a bill like this, it’s immune to that. Reconciliation

bills have to be based on taxation. They have to be taxation related to what gets passed. And here’s

where the irony is, sweet, sweet irony. And that is because the National Firearms Act, when it was

passed in the ’30s, was not based on interstate commerce. It was based on the power of taxation.

That’s why ATF was through Treasury, because they were handling taxation, and they essentially

passed anti- Second Amendment gun laws using the power of taxation. That’s why there was a $200

tax, and the procedure you had to go through to pay the tax.

Evan Nappen 06:21

Remember back in the ’30s, a $200 tax was exorbitant. Very few people could afford $200 as just the

tax, no less. So, over time, in terms of money and inflation, $200 was not the exorbitant sum that it was

in the ’30s, but you still had the gun control foundation. The Federal power of it is taxation. Well, here

we go with reconciliation, where they can address issues of taxation. So, now we get to turn the tables

on them by utilizing the fact that silencers and, for that matter, short barrel rifles, short barrel shotguns

and any other weapons, are tax laws. And using reconciliation, we can remove them and avoid cloture,

filibuster, etc. It is really wonderful to see. This is very exciting. This first major step out of the house is

quite an accomplishment, and our great gun rights organizations that partake in lobbying fiercely,

including NRA and GOA and others, did a great job here. We’ve got to give them a lot of thanks, and

let’s hold the line. Let’s get the Senate to not only pass the HPA, but also the SHORT Act. Let’s get all

these taken out of the NFA while we have this great opportunity. President Trump will absolutely sign

this big, beautiful bill, and its beauty just got tremendously enhanced for those who love the Second

Amendment.

Teddy Nappen 08:04

Out of curiosity, just kind of the $200 tax. Has there ever been a challenge just in terms of Court

arguments, it being like a poll tax? Essentially, back then, it would have been only the super elite who

would have been able to afford it. Would there have been any challenges that could have been made?

Page – 2 – of 11Evan Nappen 08:25

Well, the original Second Amendment case, ironically and interestingly, that made it to the U.S.

Supreme Court was the Miller decision. (United States v. Miller, 307 US 174 (1939)) The Miller decision

was a challenge to the legitimacy of the NFA to use the power of taxation so that the federal

government could regulate things that normally folks would say the federal government has no

business being involved in. Because prior to the ’30s, the idea of a federal law on firearms or things

involving firearms would seem to be unheard of. It would be something that would have been left to the

states. But in their greed for power, federally, they said, hey, let’s try out taxation as one of the federal

powers, and let’s see if we can get gun laws passed using the power of taxation. Under the Miller

decision, it was upheld. And the Miller decision was based on some bad guys that had sawed-off

shotguns, which we’re looking to get repealed, by the way, under the SHORT Act, ironically.

Evan Nappen 09:37

And in the Miller case, those folks that were the defendants, they didn’t even bother to put an argument

forward to the Supreme Court. They could care less. They were criminals. It was just being pursued so

that they could get the Supreme Court to talk about the power of taxation as a federal power, because

they wanted to use it to enforce things like the Harrison Drug Act. So, this was more than anything, a

power grab. And, yes, the power of taxation was upheld, so they could do this. But ironically now,

because it is all about taxation, it gives us the power to remove it under reconciliation. And that is why it

absolutely falls under what’s called the Senator Byrd rule, where reconciliation has to involve issues of

taxation. Well, these fall solidly within that, thank you. And therefore, this can happen under this

legislative procedure, which really paves the way for us to be successful here. So, it’s very exciting, and

it’s full of ironic twists. And yet, here we are. It will be a great day when this is signed. It’ll be amazingly

historic to see a chunk or chunks of the 1934 National Firearms Act actually removed by the federal

government, and particularly, by the signature of President Trump. That will be quite a day. We’re

looking forward to seeing it.

Teddy Nappen 11:14

I’m also kind of curious, because just in terms of the public, I haven’t seen, aside from, you know, all the

gun talks with all the groups talking about it. But I haven’t seen like The Trace. I haven’t seen it reach

the public eye about suppressors. It seems like it’s just, everyone just says, big, beautiful bill.

Evan Nappen 11:34

Well, the anti-gun, one of the anti-gun rights groups, one of the gun rights oppression groups did

counter this. I think it was one. I don’t remember. I don’t think it was. It wasn’t The Trace, per se, but

one of the groups came out, and here’s their response to this. Oh, I think it was the national it was, it

was one of those phony, so-called pro-gun groups that are actually anti-gun that put this out. They

make believe they’re a gun-rights group, when really they’re a left wing Democrat phony group that is

composed of sportsmen and fuds and Democrats that supposedly cherish our Second Amendment

rights. Except that every chance they try to cut it down and oppress us, but that group said, oh no, no.

We don’t need to make silencers and suppressors legal. You can just wear ear plugs. You just need

ear plugs. Just ear plugs. That’s all, and that’s all it takes, folks. Earplugs. You don’t need silencers.

Well, except, of course, the fact that and, Teddy, you’re going to talk about this a little bit later even.

Except, say, like when you’re hunting and you want to listen for game, and you want to listen for even

Page – 3 – of 11maybe other hunters if you’re going to drive game. You want to be alert and have your full hearing

capacity, and when you want to shoot your gun, you don’t want to blow your ears out. Well, damn,

that’s a great use for a suppressor. As a matter of fact, Teddy is going to discuss it was one of the

primary reasons it was invented. But they can conveniently ignore that, right?

Teddy Nappen 13:20

Yeah. Or currently where, if you’re in a self-defense situation in your home, you don’t want to blow your

ears out in your home and you pull your suppressed pistol. And so, you’re not, you don’t sleep with

earplugs on. You know.

Evan Nappen 13:34

Exactly. And when it comes to a home defense gun, a silenced or suppressed gun is ideal for just that

reason. You don’t have to have your hearing protection. It will make it so you can listen for noises and

other threats that may take place in the home. It not only will reduce sound but also reduce flash. It

makes it so that, if you’re smart in your home rig, in a suppressor-legal state, a great round is a .45.

Although there are a lot of nines that are suppressed. But the problem is, you want to keep things

subsonic. So, with nine, you got to go under 1000 feet, where nine performs best at higher velocities,

right? But your standard .45 load has a larger, heavier bullet that is in a standard load subsonic. So, if

you have a suppressed .45 and that’s your home rig, that’s a great setup. You’re not going to have over

penetration. You’re going to have massive stopping power. You’re going to have the advantage of the

suppressor, suppressing sound and flash. And it’s great. That’s an excellent point, Teddy, absolutely.

And we’ll get a little bit more into that in your Press Checks. I understand you have some very

interesting things to talk about regarding that.

Evan Nappen 14:55

Let me mention though our friends at WeShoot. WeShoot is running some special Memorial Day sales,

by the way. To honor our men and women who fought for freedom and, of course, the American Way

and those that need our continued support. We always cherish their sacrifice. Well, WeShoot is running

some really great specials, including $449 for 1000 rounds of .223. That’s a good deal. $245 for 1000

rounds of 9 millimeter. They have a bunch of other cool things going on. They’re helping to support the

Tunnel to Towers Foundation and Folds of Honor. Also, they are offering some great training. On

Sunday, June 8, they have the New Jersey NRA Carry Training. You can lock in your spot, and you can

also do your renewals for CCARE. You can even get your Utah non-resident carry, plus Florida,

Virginia, and Arizona, as add ons. WeShoot is offering tremendous training and certifications. They

have a great pro shop, great deals and a great range where Teddy and I shoot. Check out their website

at weshootusa.com, their fabulous website with awesome photos and lots of great info. So, make sure

you go to WeShoot. They’re conveniently located in Lakewood, New Jersey, right off the parkway. It’s a

great resource and a great place to shoot. And that’s WeShoot.

Evan Nappen 16:52

Let me also mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are

the number one stalwart defenders of our gun rights in New Jersey. They’re in the federal courts,

litigating, trying to knock out these evil suppression gun laws, and they are also on guard at the

legislature, with a full-time paid lobbyist there. Watching and alerting us so that we can take steps to

Page – 4 – of 11fight these rights suppressionists as they continue to try to oppress us and take away our precious

rights. The Association is your number one gun rights group. You need to belong. Everybody should be

a member. It’s an umbrella organization of all the gun clubs that are members of the Association. You

can go to anjrpc.org. Please join today. Be part of the solution by joining anjrpc.org.

Evan Nappen 17:58

Of course, I want to shamelessly plug my book, which is New Jersey Gun Law, the Bible of New Jersey

gun law. It is over 500 pages with 120 topics, all in a question and answer format. It is the book to keep

you from becoming a GOFU in New Jersey. If you want to avoid that, you need my book. It’s the

source. And when you get the book, make sure you never loan it to anybody. Because you’ll never get

it back. I hear that all the time. And if you want to get a copy of the key to staying legal in Jersey, go to

EvanNappen.com. EvanNappen.com. You’ll see the big orange book there, click it, and it’ll be in your

possession in a matter of days. When you get it, scan the front cover, the QR code, and join my free

subscriber base. When you join, you get access to all the updates and the archive. You can

immediately download the 2025 Comprehensive Update, which is done in chapter form with a bonus

chapter, a standalone sensitive places chapter. So, you’ll know where you can carry with your New

Jersey carry permit. Now, Teddy, your Press Checks folds right into our discussion on silencers. Tell us

about Press Checks. Go right ahead, man. I’m looking forward to it.

Teddy Nappen 19:19

So, we know that Press Checks are always free, and I was flipping through BearingArms, of course. I

love the start of it. (https://bearingarms.com/tomknighton/2025/05/22/suppressor-delisting-in-big-

beautiful-budget-bill-n1228679) “That’s right, boys and girls, suppressors delisting is back. Delisting is

back in the budget and approved by the House. So, I just want to give credit to BearingArms, our

friends, there. But it got me kind of thinking about the history of suppressors. Like, when did it all begin?

What was the start of it all? And it actually goes back to, from Historical Firearms, I pulled from their

page. (https://www.historicalfirearms.info/post/142864103092/inventors-and-their-guns-hiram-percy-

maxim-hiram) Hiram Percy Maxim. Hiram. Hiram, sorry. Hiram, sorry, my accent is too thick. Hiram

Percy Maxim, the son of Hiram Maxim, who invented the machine gun, is best known for his silencers.

Evan Nappen 20:15

Ah, wait. Let’s talk for a minute about the Maxim, the Maxim machine gun. He invented that, and it was

so devastating. He invented it to end all wars. He believed that that gun would end all wars, because no

one would ever charge one of these guns. Why would you? It would just end wars. No one would ever

want to fight if they were facing machine guns. And he was, unfortunately, wrong in that.

Teddy Nappen 20:43

Let me grab my whistle and everyone start running.

Evan Nappen 20:47

You’re running and get cut down by Maxim guns. Yeah.

Page – 5 – of 11Teddy Nappen 20:52

Yeah. And what was interesting is, he was granted a series of patents from 1909 to 1920. He was

selling the firearm suppressors through the Maxim Silent Firearms Company, which later became

Maxim Silencer Company. Now, the one model that took everything by storm was the Model 1910

suppressor. It had a centrally aligned internal channel and instead used an offset or a centric design. It

had an added benefit of not obstructing the weapon’s sites.

Evan Nappen 21:32

So, what’s interesting is the early Maxim suppressor does not have the hole directly in the center as

we’re used to on today’s suppressors that are a tube with a hole in the center. The hole is actually off

center, toward the top. More toward the top of the circle. So that the bottom almost looks like kind of a

belly. And what’s really great is that was done so it didn’t obstruct sites. Now they don’t seem to make

suppressors utilizing that design too much today, but it was very smart, because then you don’t have to

have your sights raised and all that to have the suppressor. So, if you ever see a Maxim suppressor, it

does look different because of that.

Teddy Nappen 22:17

Yeah, and I also thought it was interesting that it didn’t use. There were no threaded barrels for that.

So, what he developed is a coupling device, which would be placed over the muzzle to offer the

external thread. So, I do love this one. He listed in the brochure when you buy it that one of the most

difficult things to do is it could not be disassembled for cleaning. So, it’s recommended you run it

through hot water.

Evan Nappen 22:50

Hey, that’s how you clean it, and you can run suppressors wet, too. It actually makes it more effective.

Well, one of the original uses, and I know you’re going to talk about a number of these, but one of the

original uses that they advertised for was for farmers to be able to shoot rats in the hen house without

disturbing egg production. So, that’s a pretty good one. What else did you find?

Teddy Nappen 23:16

Well, I’ve got to give Maxim credit. He wrote a lot of different books. And one book, “Experiences With

the Maxim Silencer” is compiled of letters from sportsmen and hunters who had used his silencer. The

whole idea is him developing the system, and this is part of the forward, to “meet my personal desire to

enjoy target practice without creating a disturbance. I have always loved to shoot, but I never

thoroughly enjoyed it when I knew the noise was annoying other people.” You know, just to be nice to

your neighbors.

Evan Nappen 23:56

Well, that’s true, and not disturb yourself even. But you know, he actually got the inspiration and the

invention of the silencer from his bathtub. This is true. He wanted to create a way of silencing. And what

he did was, he was looking at the drain on the tub, and he saw the whirlpool that was created in the

drain. And he thought to himself, hey, wait, that slows the water down. I wonder if I could create a

whirlpool with the airflow to slow the gasses down so it wouldn’t make the bang. He was actually

Page – 6 – of 11inspired by his bathtub to invent the silencer, and that story is reiterated and written in that really cool

book you found, Teddy. What book do you find?

Teddy Nappen 24:58

“Experiences with the Maxim Silencer.” That’s the book. It’s extremely rare.

Evan Nappen 25:05

And who wrote it?

Teddy Nappen 25:07

Well, Hiram Percy Maxim. It was Hiram Percy Maxim.

Evan Nappen 25:15

Hiram Piercy Maxim himself wrote it and described how he came up with a silencer. It was literally from

the bathtub. It’s a really interesting book, and it’s actually online, the PDF of the book. We’ll have a link

in the Gun Lawyer transcript for you to see his original book, “Experiences With the Maxim Silencer.”

(https://americansuppressorassociation.com/wp-content/uploads/2020/03/maximletters.pdf) It’s a really

cool historic document, and actually, the very things that he talks about in that book are being put

forward today as our arguments to remove silencers from the NFA. You know, the facts haven’t

changed, just the politics have. And there you go. Did you find any other historic uses of interest?

Teddy Nappen 26:08

Oh, it’s kind of interesting. So, Small Arms Review did a whole historical breakdown.

(https://smallarmsreview.com/silencers-the-u-s-army-and-the-nfa-the-early-history-of-suppressors/) A

little fun fact, Theodore Roosevelt suppressed his 3030 Winchester Model 1894 with a Maxim silencer,

and he would use that rifle to hunt small game while on Long Island.

Evan Nappen 26:30

And he would shout “bully” every time he made a hit. I think.

Teddy Nappen 26:34

Bully, of course.

Evan Nappen 26:35

Bully. That’s great. Well, of course, I’m not surprised, because Teddy was, you’re a Teddy, and he was

a Teddy. And Teddys are gun nuts, you know that?

Teddy Nappen 26:47

Yeah. And so that was kind of the whole commercial idea. The idea was to sell it to hunters and to

farmers. And what drove it, as well, was the military application. So, Maxim was competing with his

rival, (Robert A.) Moore, who built his own suppressor, and they were competing for the military

contract in 1912. It was for the Springfield M1903. So, they did a test, and I thought this was very

interesting. So, Moore’s silencer was more accurate. However, Maxim’s was more durable. So, they, of

course, bought them both. The first actual use and deployment of a Maxim suppressor was used by

Page – 7 – of 11General Pershing on his Mexican expedition to hunt down Pancho Villa. He had a squad of snipers

armed with suppressors with M1903s.

Evan Nappen 27:49

So, wow, that’s pretty cool.

Teddy Nappen 27:52

Yeah. Oh, and to make you jealous, many of the rifles were unloaded to the Civilian Marksmanship

Program (CMP) in the 1920s.

Evan Nappen 28:01

Oh, the DCM sold suppressed, 1903s, huh? That’s sweet. That’s a sweet gun right there.

Teddy Nappen 28:09

Yeah.

Evan Nappen 28:10

That’s a collectible.

Teddy Nappen 28:11

With a suppressor on the end.

Evan Nappen 28:13

Maybe they’re out there, and when silencers are legal, they can come out of the basements and attics

again. That would be cool. Hey, that is really interesting. Well, I appreciate the information you’ve

shared with us, and I want to mention to our listeners an article I found that I thought was kind of fun. It

was written by one of my favorite writers, Dean Weingarten, and he writes for AmmoLand. He makes a

very interesting point in this article about Tungsten Super Shot (TSS).

(https://www.ammoland.com/2025/05/tungsten-super-shot-could-be-anti-drone-shotgun-ammo/)

Evan Nappen 28:48

Now, you can buy Tungsten Super Shot. It’s a shot shell ammo, and it’s tungsten. It’s super and it’s

shot. But here’s what the article says. Tungsten super shot could be anti-drone shotgun ammo. So, he

wrote a really interesting article about the idea of Tungsten Super Shot being used in ordinary shotguns

and how it can be really effective, arguably, on drones. You should really read the article, and you’ll

really get a kick out of this whole idea about this. As he said, small quad rotor drones may be more

vulnerable. Break a rotor or motor, and they’ll come down. Hit the processor or battery, they’ll come

down. It says rifles and machine guns have plenty of power, but not sufficient projectiles to be a serious

threat unless they’re tied to a fire control system with radar or LIDAR. So, shotguns with TSS, which is

the shorthand for this Tungsten Super Shot, TSS, offers a cheap possibility for short range protection

against small drones. Another possibility is to mount a shotgun on a Hunter Killer drone and shoot it

down amongst other drones. Anyway, it’s a cool article, and it’s something I hadn’t thought of when it

comes to Tungsten Super Shot. So, I thought I’d share that.

Page – 8 – of 11Teddy Nappen 30:23

Remember when Amazon was trying to push the idea of having their packages delivered by drones?

Evan Nappen 30:32

Yeah.

Teddy Nappen 30:32

Yeah. So, there was the running gag of trap shooting with prizes.

Evan Nappen 30:37

Ha, ha, ha. That’s a good one. Shooting with prizes. I have a letter here from Ask Evan. We love the

letters. This is from Barry. Barry says, hey, big fan here. My question is as follows. If a person is

lawfully carrying a concealed firearm in NJ and is questioned about their present state of sobriety, does

law enforcement have the ability to do a field sobriety test, even though there’s no proof of using

substances, driving or having committed no crime, for that matter, like a breathalyzer? So, that’s a good

question.

Evan Nappen 31:14

Let’s look at it in two parts. First of all, what if you’re questioned? Well, number one, you have no

obligation to answer law enforcement questions. You have a Fifth Amendment right to remain silent. I

suggest you do so. New Jersey imposes a duty upon us to reveal that you have a firearm on your

person. Right? A duty to disclose, and you have to have your permit and show the officer. But you’re

not required to answer any other questions about your gun or your state of being. Asking whether you

consumed alcohol, you have absolutely no obligation to answer those questions.

Evan Nappen 31:43

And the idea of being able to be tested for sobriety, ah, well, this is not like driving. You see, with

driving, we have what is called implied consent. Supposedly, when you get a driver’s license, somehow

we’ve all consented, even though you didn’t know you did, but we’ve all consented, to allowing for

breathalyzer, even blood to be drawn if necessary to determine alcohol content. It’s called implied

consent, and it’s part of our motor vehicle laws. However, with firearms, there is no implied consent law.

So, since there’s no implied consent, without probable cause or even your permission, forget it. You

have no obligation to submit to a sobriety test. You have no obligation to speak. They cannot just say,

hey, we want to test you. You’re carrying a gun. We need to see if you have any alcohol in you at all.

Nope, can’t do it. There’s no law allowing that.

Evan Nappen 33:10

Now, there is a ban in New Jersey on having alcohol and carrying a gun. You can’t be drinking or be

drunk or have alcohol in your system at all. There isn’t even a limit. It can even be the minutest amount.

They didn’t set any type of limits, as they do for cars. But they also do not have any implied consent

built into the law where you have to submit to that kind of testing. So, that’s a good question. Keep it in

mind. You do not have to submit to testing, and you do not have to answer any questions along those

lines. Always stand on your Fifth Amendment right to remain silent and your Sixth Amendment right to

counsel. The only thing in questioning which they can ask, and you need to give is pedigree, pedigree

Page – 9 – of 11information. In other words, your name and arguably your address, that kind of thing. But nothing else

other than your pedigree information is allowed to be gleaned.

Evan Nappen 34:12

Now, for this week’s GOFU, which is the Gun Owner Fuck Up, where we look at actual cases and

scenarios where individuals get into trouble, and we don’t want you to get into trouble. I have a letter

here, and this is from John regarding Red Flag laws. John says, my 13 year old ran away, but he’s

home now. We had contacted the police. Does this subject me to Red Flag laws? Now, what New

Jersey has is not officially called a “Red Flag Law”. It’s called an ERPO, that is an Extreme Risk

Protection Order. It begins as a TERPO, a Temporary Extreme Risk Protection Order, in which there’s

no due process. If somebody makes any kind of allegation that you’re a danger to yourself or others,

they can issue this TERPO without any due process. You have no say in it whatsoever. They will come

and raid your house. They’ll take your guns and possibly even take you away for a wellness check

based on it.

Evan Nappen 35:14

Then you finally get your day in court at a hearing for a Final Extreme Risk Protection Order (FERPO)

to see if that gets issued. The acronyms fall under, it’s an ERPO, right? That starts as a TERPO, and

then it can eventually become a FERPO. And by the way, if it happens in Bergen County, it’s a

BURPO. Just kidding about that. But beware of that. So, red flag is something that can get done. Now,

will this situation necessarily result in an ERPO? Not necessarily but depending on to what degree the

police or others want to take it, depending on what other facts may be there.

Evan Nappen 35:59

And this is where the GOFU is. You’ve got to remember and be careful anytime law enforcement gets

involved in your life, or you involve them in your life. It can escalate. It can escalate over the silliest

things said, and anytime you’re dealing with this situation, there can be risk. And next thing you know,

you have DCPP, you know, it used to be DYFS, over this situation. And then they’re asking if you have

guns in the house. Listen, do not respond to these questions. You have no obligation to do that. Call an

attorney right away. Because anything you say then escalates to gun seizure, and I’ve seen it over and

over again. So, the answer to John’s questions generally is, yeah, it can lead to it. It depends more on

the facts of the situation. But in New Jersey, it’s extremely common to have the Government

immediately want to take guns and want to take away your rights, and at the least excuse, they seem to

do it. We get these cases all the time, every day. It’s just amazing how much of a rampage New Jersey

is on to not just disenfranchise us of our gun rights, but to steal our guns as well. It comes with living in

the Democratic People’s Republic of New Jersey. So, beware.

Evan Nappen 37:26

Remember that gun laws don’t protect honest citizens from criminals. They protect criminals from

honest citizens.

Page – 10 – of 11Speaker 2 37:35

Gun Lawyer is a Counter Think 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 – 11 – of 11

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About The Host

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Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

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Episode 238-Business and Gun Laws Don’t Protect Your Rights

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Gun Lawyer– Episode 238

SUMMARY KEYWORDS

Gun laws, financial interests, NFA modification, silencers, Hearing Protection Act, reconciliation bill,

business model, deregulation, gun rights, overcriminalization, President Trump, ATF budget, gun

transport, holster security.

SPEAKERS

Teddy Nappen, Evan Nappen, Speaker 2

Evan Nappen 00:14

I’m Evan Nappen.

Teddy Nappen 00:16

And I’m Teddy Nappen.

Evan Nappen 00:18

And welcome to Gun Lawyer. One of the things I’ve observed over, oh, almost 40 years of fighting for

gun rights and fighting for law-abiding citizens to save their rights and being an activist and a student of

gun laws, generally, and gun rights suppression is there are times when business interests of what we

might normally think of as folks that would be pro-our gun rights. Sometimes, financial incentives can

get in the way of that, and it can cause issues that create laws or keep laws that you would like to

otherwise to get rid of when financial interests have kind of evolved from the laws themselves. Now, on

one hand, I might even say, hey, I practice gun law. What if all the gun laws went away? What would

you do? Do I want to have gun laws? And I’m like, no, I don’t. I’m like a cancer doctor. I’m not pro-

cancer, and we have to fight the cancer that exists. But if all the gun laws went away, I’d be very happy,

and I’d find something else to do. You know, something else that is a passion and an interest.

Evan Nappen 01:59

Now, they’re not all going away, but I don’t have an actual interest in seeing more gun laws. I want to

see less gun laws. I want to see our rights. I believe in this with my heart and soul. But, you know,

some businesses and all that have really heavy financial interests in certain laws sometimes that can

not necessarily be the case. So, there’s an interesting story that I picked up in AmmoLand, which was

by John Crump. (https://www.ammoland.com/2025/05/silencer-centrals-suppressor-lobbying-sparks-

controversy-over-nfa-deregulation-stance/) It talks about a controversy that we’re dealing with right now

that kind of points out this issue. Now I’m not sure whether the business interest here is absolutely

impacting our rights, but there’s a controversy where there’s a claim, arguably, that it is.

Evan Nappen 03:00

Let me tell you what’s going on. So, we have federally pending right now in the big, beautiful bill by

President Trump, what is part of what they call “reconciliation”, where we can get things done that’s

Page – 1 – of 13very important to get done. Because with reconciliation, there’s no cloture. There’s no ability to have the

so-called filibuster rule, where we’ve got to get 60 votes in the Senate. It can pass with simple

majorities, and currently, the Republicans have those majorities, at least in theory, in both houses.

Otherwise, you can rest assured that the gun rights oppressors that are the Democrats will try to stop

anything that tries to get rid of oppressive gun laws. So, reconciliation is politically important.

Evan Nappen 03:58

One of the issues that is circulating at the moment is modifying and changing the NFA, the National

Firearms Act, to take silencers out of the National Firearms Act. To take short barrel rifles, short barrel

shotguns and such out of it. And given the abuses, particularly that came with pistol brace

reinterpretations and, you know, short barrel shotguns is such a phony baloney issue when we have

shock waves and the like out there that the average person cannot even tell the difference. They’re not

exorbitantly, in any way, in any other way, causing more problems than any other gun. I mean, it’s just

ridiculous the way they focus on objects. Anything they can ban; they want to keep banned.

Evan Nappen 04:50

So, here we have this potential opportunity, particularly when it comes to silencers. Because there’s

been a huge movement throughout the United States to take silencers out of NFA and to put silencers

where they belong as simply a firearm accessory. We have the SHORT (Stop Harassing Owners of

Rifles Today) Act and the Hearing Protection Act (HPA), so that we can have silencers to protect our

hearing, and silencers are really excellent for this. Because you can shoot at the range and not have to

have hearing protection on. You can hunt with silencers. There are so many states that have legalized

silencer hunting. You can listen for game carefully, listen for other hunters, even, and it’s much safer.

You don’t blow your ears out when you shoot. So, we’re saving our hearing and making so it’s easier to

hear range commands and safety at the range. There are so many advantages.

Evan Nappen 05:53

The way the media has traditionally portrayed suppressors has just been a complete falsehood. You

know they don’t go psst, psst, psst. You know that isn’t how silencers work. They still make a noise. It’s

just that the level of noise is reduced to the degree that it doesn’t blow your freaking ears out. You still

make plenty of noise. And if any of you have shot suppressed firearms, you know that noise is

produced. And yes, we’re always trying to get it quieter and better, but they are not silent. It is

suppressed, but not silent. So, with all these advantages and the amazing leaps that silencers have

taken in public acceptance and unbelievably great utilitarian value, the opportunity now pushed hard by

the ASA, American Silencer Association, and all, you know, is really paying off. We have this

opportunity to finally get, hopefully, the NFA, that archaic law from the ’30s that imposed a $200 tax and

registration and this whole ridiculous additional paperwork that’s completely unnecessary in a modern

age. We have the ability to do an instant check on guns, and if suppressors were taken out of NFA and

simply put on a 4473, let’s say, just the same way you buy a rifle, shotgun or handgun, then it would

make it available for others. Now I don’t even think they should be regulated at all. It’s simply an

accessory but at least take them out of that entire glorious bureaucratic federal nightmare called the

National Firearms Act.

Evan Nappen 07:45

Page – 2 – of 13So, here in the reconciliation bill, we’ve had some great gun groups, particularly Gun Owners of

America (GOA) and the American Silencer Association (ASA) and others, pushing this genuine

opportunity to possibly get the NFA changed. And given the political landscape here, we could get

these things finally, once and for all, removed. And keep in mind that reconciliation deals with money

and taxes, and the basis for the NFA is tax station. So, the argument that gun laws can’t be modified in

reconciliation actually falls flat on its face and cuts against it hard, because the origination of the

jurisdiction for these laws is taxation. So, the opportunity legally is there.

Evan Nappen 08:45

Yet, what happened, and this is from this article, is a controversy has arisen, a controversy in which

Silencer Central, which is one of the largest sellers and manufacturers of suppressors in the U.S. There

are claims, and again, not saying that this is true or not, I’m just reading from the article that the

business model of Silencer Central is somewhat reliant upon an exemption in the NFA, the National

Firearms Act. If you follow through with the federal regulations in terms of registration and all the

requirements, they can ship suppressors lawfully direct to your door. You can’t do that with firearms.

Firearms have to be over the counter from a dealer, but suppressors, even though they’re NFA, can be

sold directly to individuals that follow the proper federal procedures. And by taking silencers out of the

NFA, apparently, this business model of Silencer Central will be greatly impacted, and the claims are

that they have apparently tried to stop this. And whether or not that’s true, I believe the company

disputes it, and I’m not taking a position one way or another. But it is true that they have an economic

interest in maintenance of the current system based on their business model. So, I don’t know whether

it’s true or not. But it does raise the issue of the impact of businesses on our gun rights that I’ve seen

historically, even in the past, and we’ve had issues similar to this that were raised.

Evan Nappen 10:58

And so, right now, the reconciliation bill apparently has been amended so that instead of removing

silencers from the NFA, they simply lowered the tax from $200 to $5. Sure, it’s great that we no longer

have to pay $200 and we only pay $5. But money is hardly the big issue when it comes to NFA.

Originally, when the NFA was passed, a $200 tax was exorbitant, and only the wealthy in the 1930s

would be able to afford to pay such a tax. So, it operated essentially as a ban on most of the public by

the excessive taxation. The $200 tax applied to machine guns, silencers and other NFA weapons. But

today, $200, essentially, is a good dinner at a great place with your partner there, and it’s not, you

know, the same in terms of the value of money. But, hey, do I like to save $195 when I want to buy a

suppressor? Sure, that’s great. But what I’d really love to see is the NFA finally given its due, and

removal of these items from the NFA. And as we start taking things out of the NFA, we could eventually

remove even full auto, hopefully. So, this is what’s supposed to go, but currently, that’s not the case. As

the reconciliation bill stands at this moment, it’s simply a reduction in the tax itself, but the NFA stays in

place and there’s controversy.

Evan Nappen 12:43

Now, the official response from Silencer Central, which I have quoted here from AmmoLand, says

“Silencer Central is closely monitoring the ongoing congressional hearings surrounding the Hearing

Protection Act (HPA)”, which is the bill that would remove silences from the NFA. “We have always

been vocal supporters of the HPA, as well as the current proposed provision of a $0 tax stamp.” So,

Page – 3 – of 13maybe it’ll get lowered to no tax. “Our priority has always been, and will continue to be, advocating for

deregulation and 2nd amendment rights, while supporting any win we can get for our customers

regarding their firearm and accessory ownership rights along the way. Regardless of the ever-changing

regulatory landscape, we remain focused on delivering exceptional service and standing by the

community we’re proud to be part of.” And that was Brandon Maddox, CEO, Silencer Central.

Evan Nappen 13:39

I can understand wanting to get any win we can get, and remember, that’s not a bad philosophy. We

can’t make perfect the enemy of good. We lost our rights incrementally, and often we have to regain

them incrementally. So, I don’t know what the actual story is here, but it raises in a historical context

where I’ve seen this before. I mean, the original NFA, ultimately, when it came to what we’ll essentially

call a ban, even though it was technically banned, but this exorbitant tax. I mean, you realize that it was

actually supported at the time, on record by Auto Ordinance and by Colt, testifying to the committees in

favor of it, folks. In favor of it. Because the civilian market wasn’t that large. They wanted military and

law enforcement, of course, and this became something more of economics at the time.

Evan Nappen 14:36

We saw this again in 1968 when it came to the banning of imported firearms. You had the United

States gun manufacturers, major U.S. gun makers in favor of the restrictions on importation. Why?

Because it helped their business. They didn’t care about its impact across the board and our ability to

own a variety of firearms from all over the world. They wanted to protect their business interests. We

saw it again when Smith & Wesson did their infamous Rose Garden ceremony.

Teddy Nappen 15:13

And with Ruger.

Evan Nappen 15:18

Well, Ruger was, way back when, the assault fireman magazine ban, was pending. You know, Ruger

came out through the Heritage Foundation, I believe. At the time, Heritage Foundation and all that they

were not opposed to magazine restrictions. And again, why? Because, you know, the guns Ruger was

primarily making at the time wasn’t concerned with a 15 round mag. At the time, but Ruger is not that

anymore. But back then, because the gun was, you know, essentially the Mini-14, and they had already

restricted it on their own, primarily to law enforcement. They eventually opened up to civilians, but they

weren’t opposed to, at the time, the magazine restriction. Because that wasn’t their main goal, you

know.

Evan Nappen 16:10

We saw it again with Smith & Wesson, with the Rose Garden, the so-called infamous Rose Garden

ceremony, supporting gun locks on guns, locking up guns. When Smith had their patented internal lock

system and all that. And that backfired on them big time. I mean, it ended up causing people, it harmed

the brand significantly. That was a backfire. But, you know, business interests can sometimes influence

gun rights, and it’s something we always have to be cognizant of. Like I said, I’m not sure in the silencer

controversy, what is the truth or not, but there is definitely potential for this to be the case. It’s

something to be aware of as we fight for our rights.

Page – 4 – of 13Evan Nappen 16:54

I want to give you a couple important news updates, and of course, Teddy will be giving us his Press

Check segment very shortly. I want to mention something really, really significant about President

Trump and just some of the great things he’s doing. And this is more than just guns, but it absolutely

can affect firearms. President Trump has taken steps over the “absurd and unjust consequences of

overcriminalization”. And this, too, is an article out of AmmoLand.

(https://www.ammoland.com/2025/05/president-trump-decries-absurd-consequences-of-

overcriminalization/) You can read it by Jacob Sullum, and it’s very interesting. He points out this

particularly this one egregious case where federal prosecutors have charged a person named

(Michelino) Sunseri with a misdemeanor punishable by up to six months in jail. And what did this

person do? They used a trail in the National Park Service described as closed, even though they never

bothered to clearly inform about it. He unwittingly. He had no knowledge. He didn’t know, and he

violated one of the thousands of federal gun, federal regulations, and they carry criminal penalties. All

the federal regulations here that can still be criminally enforced. Even though he had no intention

whatsoever of violating it, this creates a huge proliferation of agency-defined crime.

Evan Nappen 18:40

These regulations are passed without Congress passing them and without being signed by the

President. They’re done by fiat, ultimately almost by the agencies just promulgating regulations that

carry criminal penalties. And you may say, well, how many of these exist? According to the article,

Supreme Court Justice Neil Gorsuch and coauthor Janie Nitze note, in their 2024 book on “the human

toll of too much law”, estimates suggest there are 300,000 federal agency regulations that carry

criminal sanctions. No one can possibly know these laws. There’s another great book out there called

“Three Felonies a Day (How the Feds Target the Innocent” by Harvey A. Silvergat). We each commit at

least three felonies a day, and we don’t even know it. So, I’m happy to see that President Trump, by

Executive Order, has taken steps to require that prosecutions by the Justice Department require a

showing that there is going to be an intentional violation and that these should not be regarded as strict

liability defenses. President Trump says the status quo is absurd and unjust, and it allows the Executive

Branch to write law in addition to executing it. So, I’m glad to see that taking place here.

Evan Nappen 20:18

Another quick news headline I want to mention, which is quasi a GOFU, but not our official GOFU of

the show, is about a Texas mom who purchased ammo for her mass shooter-obsessed son. Now this

is from the aggregate news of “Not the Bee”. (https://notthebee.com/article/texas-mom-purchased-

ammunition-for-mass-shooter-obsessed-son-who-was-going-to-be-famous-before-grandma-turned-him-

in) So, you probably heard of the Babylon Bee. They do parodies, and they’re hilarious. I love the Bee.

You probably love the Bee, too, if you know what I’m talking. But they have another thing they put out

called “Not the Bee”, where they have articles that should be Babylon Bee articles, but they’re not,

because they’re real. So, they’re often even more funny and shocking, although this is really something

here. This San Antonio mom, who you should see her picture. Oh, my God. Purple hair, face tattoos, all

over the place. Oh, boy.

Evan Nappen 21:13

Page – 5 – of 13Anyway, what she did was.

Teddy Nappen 21:14

A LARPing, a LARPing communist, if you will.

Evan Nappen 21:17

So, whatever. I don’t know. But she, apparently, was arrested because they did an investigation into

threats by her son, who’s a student at Rhodes Middle School on the inner west side. He had a

fascination with past mass shooters, and he was found to have ammunition, a makeshift explosive and

a note referencing mass shooting incidents. And the note was for Brenton Tarrant, who was the perp in

the New Zealand mosque shooting. Apparently, the grandmother, not the mother, happened to hear

him saying that he was going to be famous, and the grandmother reported what was going on. The

affidavit says that he admitted he got ammunition from his mother, who had been taking him to a

surplus store and bought him tactical gear in exchange for babysitting his younger siblings. Documents

described the items purchased included magazines and tactical gear and helmets and all kinds of stuff.

Then threats that were made by the son were there, and now she is facing the charge, the mother, of

aiding in the commission of terrorism, after officials say that she helped her son gather items found to

have been used in other acts of mass violence.

Evan Nappen 22:58

So, keep in mind, folks. Now look, we love our youth and training our youth to shoot, and all the joys of

firearms and hunting and shooting, and that’s good. But something like this, where it’s going off the

rails, you better really be careful, because you can end up having a serious problem.

Teddy Nappen 23:20

One thing I’m just kind of curious about is, could this spin off? I know they’ve been trying their best to go

after gun dealers for, you know, for people, they’ve used guns for the shootings. But could this go as far

as a private sale at some point, and then they try to accuse you of aiding and abetting?

Evan Nappen 23:42

Yes. So, one of the things here, of course, is that yes, it could be ripe for abuse. I could well see law-

abiding gun owners who had no intent of being the way this mother allegedly appears to have been

acting and then trying to make out that the otherwise law-abiding gun owner was engaging in this

behavior when in fact, they weren’t. Never underestimate the abuse that can take place when it comes

to a gun rights oppressors trying to disenfranchise law-abiding citizens of their gun rights. But in this

particular case, at least from what the article says, it seems that the mother was not being real smart

here to say the least.

Teddy Nappen 24:27

Yeah, there was the one. I’m trying to remember, which of the shootings, but there was one where the

guy essentially broke into his parents safe and stole the gun.

Evan Nappen 24:36

And, yeah, that’s a whole different thing.

Page – 6 – of 13Teddy Nappen 24:40

They also wanted to go after the parents.

Evan Nappen 24:41

Yeah, and they did. So, these are the kinds of things that, of course, can. Where they use these things

to then essentially be a straw man for law enforcement against the law-abiding. And that is something

that we might see. You never know. It’s possible. So, we do have to be very vigilant at all times. But let

me mention something that you may want to take advantage of, and that is regarding our friends at

WeShoot. WeShoot is offering a free dessert, and this dessert is very interesting. They have friends at

The Butchers Steakhouse, which is a New Jersey Kosher fine-dining destination. When you go to The

Butchers Steakhouse and mention WeShoot, you’ll get a free dessert. This way you could have really a

great date night, as WeShoot pointed out. You can go to the range, and then you can go out for a great

meal. WeShoot does highly recommend the molten chocolate cake, just in case you’re wondering what

you should get.

Evan Nappen 25:53

And keep in mind, WeShoot is an indoor range in Lakewood. It’s where both Teddy and I shoot as well.

We love it there. They have great training, a great pro shop, and great service. WeShoot is a resource

that you should take advantage of. It’s hard enough finding great places to shoot in New Jersey, but

WeShoot is one of them. They’re conveniently located right in Lakewood, right off the parkway. You can

get your CCARE certificate to get your carry, and you’re able to get plenty of other training, too. Or just

enjoy a great day at the range. So, you want to check out WeShoot at weshootusa.com. They have a

great website, beautiful photographs, and all kinds of great deals on guns and specials. Check out

WeShoot. Try out we shoot. You’ll really be glad you did.

Evan Nappen 26:52

And, of course, living in New Jersey means we constantly have to be vigilant about our rights, and one

of the ways to do that is to be a member of the state Association. When I call it the state Association,

I’m talking about the official NRA affiliate for our state, and that is the Association of New Jersey Rifle &

Pistol clubs, anjrpc.org. You need to be a member. They are the premier gun rights organization in New

Jersey. They are out there every day defending our rights with a full-time paid lobbyist in Trenton.

They’re litigating, as we speak, in federal court, defending our gun rights. Fighting the oppression that

New Jersey has placed upon us regarding semi-auto firearms and standard capacity magazines, and,

of course, trying to restrict our rights under the Carry Killer law. The Association is there battling these,

as we speak, and on guard in Trenton. Be part of the solution, folks. Join the Association of New Jersey

Rifle & Pistol clubs. You’ll get their email updates, and you’ll get sent very simple things you can do to

notify your legislators of your view on pending legislation to really make a difference. You’ll get a

fantastic printed newsletter, the best in the state, and you’ll know what’s going on in New Jersey on gun

rights oppression. So, join anjrpc.org. Go there and make sure you’re a member.

Evan Nappen 28:24

And while you’re at it, you should also get a copy of my book, New Jersey Gun Law. It is the Bible of

New Jersey gun law. It’s over 500 pages with 120 topics, all in a question-and-answer format. It is used

Page – 7 – of 13all the time. I can’t tell you how many people call me and tell me that my book saved their ass. I’m not

kidding. They said I didn’t know this. I didn’t know that. They use it to even explain to law enforcement

at times, because they keep it in the car. No, I’m legal. Here’s why. Here’s Nappen’s book, and on and

on. This book is a tool. This book can defend you. And with it being 500 pages, you could even use it

as a weapon itself by hitting someone with it. I’m just kidding about that, of course. But the book is out

there. It’s in the 25th Anniversary Edition. When you get the book, scan the QR code on the front, and

you will immediately be able to join, for free, my subscriber base. That’s private, and you will be able to

access the 2025 Comprehensive Update that fully updates the book. We’re keeping it updated. By

joining, you’ll get emails of any updates. In the 2025 Comprehensive Update is a standalone chapter of

“sensitive places”, where you can and can’t carry and it is current. So, help yourself and get the book.

Go to EvanNappen.com, EvanNappen.com. Click on the orange book right there and order yourself a

copy today. So, Teddy, what you have for us in Press Checks?

Teddy Nappen 30:00

As we know, Press Checks are always free. Again, we’ve talked about a lot of the great things that

President Trump has been dealing with in terms of cutting back on the Government, many of which

cutting on a lot of their budget. This comes from our friends at BearingArm news.

(https://bearingarms.com/camedwards/2025/05/02/trump-calls-for-big-cuts-to-atf-budget-citing-attacks-

on-second-amendment-n1228505) President Trump’s budget request of 2026. He’s cutting the ATF

budget down by $468 million, as opposed to their 1.62 billion. That is essentially a one-third slash to

their budget. And that goes to all of their SWAT team, you know, the SWAT units that they use.

Teddy Nappen 30:42

And it kind of got me to think about what was the ATF supposed to be? Like, what was the original

intent? Everyone always tells me, it’s the part of the Treasury. They were just supposed to work for

paperwork. And then it became this militarized wing where now they’re just knocking on doors. Well,

they used to, but now I may they still are knocking on people’s doors, asking about auto sears. So, I

actually went to the ATF website, and they have this giant timeline. (https://www.atf.gov/our-history/atf-

history-timeline) It’s a slide show, where you slide it one after the other and reading through it, you

actually see their justification. How do they envision themselves? What do they see when someone

becomes an ATF agent? What do they see? Like, you know. “Let’s do some good.” So.

Evan Nappen 31:37

Is that the Eliot Ness quote?

Teddy Nappen 31:39

Yeah, right. From “The Untouchables. So, and we’ll get to that. The ATF timeline starts off the Act of

July 31, 1789.

Evan Nappen 31:50

Oh, come on. There was no ATF in 1789.

Teddy Nappen 31:54

I know. Here’s the deal. They argue about the tariffs that were in place.

Page – 8 – of 13Evan Nappen 32:01

Do you know why they’re putting that? Because they’re trying to fit themselves under the test for

Constitutionality. To try and say, oh yeah, we existed. Yeah, right.

Teddy Nappen 32:13

Yeah. It was all about because they were trying to drum up revenue after the Rev War, to pay off the

war debts. Then in 1791, there was a domestic tax on spirits, which then led to the Whiskey Rebellion,

in which the federal Government created a federal militia to dispatch the non-compliant distilleries. That

is, where originally.

Evan Nappen 32:39

Were they dog shooting during the Whiskey Rebellion? I don’t recall a lot of dog shooting taking place

in the Whiskey Rebellion.

Teddy Nappen 32:46

I know there. You know they were shooting dogs over non-compliant distillers.

Evan Nappen 32:53

Only drunk dogs. Drunken mutts.

Teddy Nappen 32:56

Yeah. But you see the early seeds of what’s laid. Now comes the Office of Internal Revenue Services

created in 1862 within the Department of Treasury. One department was created to enforce the

tobacco and alcohol tariffs. So, the ATF was the tariff unit. That was their deal, and they had, by the

way, three detectives who hunted down the tariff evaders. That’s their term.

Evan Nappen 33:27

Well, I don’t think they’re doing that now, although tariffs have become important. Maybe we should just

make ATF solely deal with tariffs and lay off Second Amendment rights. Right? That might.

Teddy Nappen 33:40

I know they focus in but.

Evan Nappen 33:43

Well, they have quite a storied history. And I underline story.

Teddy Nappen 33:47

Yeah. And then what you see comes next. On October, 3, 1917, the War Revenue Act passes, where

now they’ve expanded their Bureau’s powers, and they have access to merchant books. Huh? Doesn’t

that sound familiar?

Teddy Nappen 34:01

Merchant books.

Page – 9 – of 13Evan Nappen 34:04

Merchant books. A & D books? Acquisition and disposition books?

Teddy Nappen 34:10

Wonder, what common road?

Evan Nappen 34:11

Zero tolerance for any mistakes. I doubt it. Yeah, by now and yet, although maybe they did, considering

how old Biden was.

Teddy Nappen 34:19

Yeah. But now this is where everything kicks off. Then came the 18th Amendment, the banning of

alcohol. Now what comes next was the Volstead Act, the Prohibition Enforcement Act. The Treasury

agents are now enforcement agents, where they have become, and I love this term they use. The

Bureau Prohibition Act of 1927 the unit to fight organized crime, the prohibition unit, which,

Evan Nappen 34:48

Which, of course, prohibition just enhanced organized crime and strengthened it.

Teddy Nappen 34:51

Correct.

Evan Nappen 34:53

Because it gave them a product that they could make millions and millions and millions of dollars with.

So, that worked out well. Oh, that was a good experiment.

Teddy Nappen 35:01

I know, right? And you see what they see themselves as. Like Eliot Ness, where they’re like, you know,

let’s do some good. They’re stopping organized crime. And then, I love this. Then in 1930, it shifted

from the Department of Treasury to the Department of Justice. Keep that in mind. This is important

because now they’ve shifted away from the Treasury. They’re in the Justice Department. Now they’re

an enforcement agency, an investigative part of the Government. Then the 21st Amendment came

around, which then dissolved their whole.

Evan Nappen 35:42

Now they lost their whole focus. So, now they’ve got to find something to do. We can’t have a

bureaucracy disappear, right? So, what did they decide they’re going to do now?

Teddy Nappen 35:49

Then their unit focused on illegal distillers. Oh, all those boon gins. Yeah. And then here comes. Now

all this has laid out the groundwork. In 1934, the National Firearms Act is imposed. Now they’ve got to

combat gang violence favored by gangsters. The machine guns, the silencers and the sawed-off

shotguns. On their website.

Page – 10 – of 13Evan Nappen 36:04

There it is. So, they’re all about NFA, all about enforcing NFA.

Teddy Nappen 36:27

Yeah. We’ve got to combat gang violence.

Evan Nappen 36:30

You know, there is a movement to abolish the ATF. But there is some debate even among pro-gun

rights folks as to whether that is not necessarily a good idea. Here’s why. Because, arguably, if we

abolish ATF, it isn’t as if gun enforcement is going to go away. It’s just going to get shifted to another

agency, which itself might be very good, because maybe we have other agencies that could do a better

job. But in reality, if it’s just being defunded, continuously defunded, and the agency task no longer can

focus on just going after Second Amendment rights and causing all kinds of problems, as they did with

the Biden administration, then maybe having it limited to an agency that is not well funded might be

better. Might. I’m not saying it is. Just something to argue about and think about. It might be better than

completely disbanding it. Although in my gut, I would just like to see it disbanded. I know that, but it may

not necessarily be the best for protecting our gun rights, which is ultimately what I care about. I want to

see our rights protected and not oppressed. Well, Teddy, thank you for that update. That is very

interesting and thought provoking.

Evan Nappen 37:59

And speaking of thought provoking, here’s a quick thought provoking item I want to bring to my

listeners’ attention. This is out of “Not the Bee” again. Really funny. And this is where it was brought to

my attention. So, Neil deGrasse Tyson, who is a scientific physicist guy, and actually, I like a lot of his

stuff on physics and the universe. He’s very interesting with all that, but I believe he is left wing bent,

yeah. And unfortunately, you know, a guy that’s smart shouldn’t be that. But he did put this out, and I

just want to share this with everybody. He made the following post. (https://notthebee.com/takes/take-

neil-jesus-would-pick-the-ar-15)

Evan Nappen 38:48

So, Neil Tyson. Neil deGrasse Tyson posted the following. “Been thinking a lot lately about the morals

of Jesus of Nazareth.” Now, of course, he’s not. He’s the furthest thing from a religious guy. He’s a

science guy. Now, whether he actually, you know, what his position is on Jesus, I don’t know. But he

says he’s been thinking a lot about the morals of Jesus of Nazareth, and he’s wondering what his rifle

of choice would be if he moved to America. An AR-15 or an AK-47? So, moving to America, you know,

this is the underlying question, and what would Jesus’s choice be if it was between an AR-15 and an

AK-47. Now, both guns are excellent. I have nothing against either of those guns, but probably, just

probably, it would be the AR-15, only because it is the most popular rifle in America. You want to make

sure that the most popular rifle with all the great modularity and every type of accessory and

ammunition, accessibility and everything else about the AR that makes it so popular in America would

be the gun of choice for Jesus. And maybe you disagree with me, and that’s fine.

Evan Nappen 40:14

Page – 11 – of 13This is just thought provoking by him, but somebody did have a nice reply that I just want to share. I’m

not going to get into it. If you want to read more of the biblical quotation and review of weapons and the

Bible and defense, the B article has all kinds of things about that. But I just want to talk about this where

it says, and this is a reply to Tyson. “Obviously, Jesus didn’t need to carry a weapon (with a word he

could wipe out everyone on the planet), but I think he would tell his followers to get an AR-15, and if

they didn’t have one, to sell their cloaks and buy one.” That’s not a bad reply when you think about it.

So, there you go.

Teddy Nappen 41:03

I was waiting for someone.

Evan Nappen 41:06

To do what?

Teddy Nappen 41:08

I was waiting for someone to say, who would Jesus shoot?

Evan Nappen 41:12

No, that is a separate issue that Neil did not raise. So, we don’t want to go there, but what he did raise

is the debate about AKs and ARS. And, you know, it is thought provoking, but selling your cloak. You

know, the old for cloak to get a sword. But of course, modern day might, in America, in fact, be an AR.

I’m wondering why a gun shop or gun store doesn’t offer to give, you know, a credit, maybe $100 or

whatever they were thinking about, for anyone who turns in their cloak to buy an AR? They could have

a great special, a great promotion. You know, maybe around the holiday time. Get yourself a gun, and

we will give you a special discount, a special credit for donation of coats. The coats themselves could

then be donated to the charities that distribute clothing to those who are in need of clothing. You could

have folks literally turning cloaks into AR-15s. Of course, New Jersey compliant AR-15s. And if Jesus

was in New Jersey, his AR would still have to be compliant. There’s no Jesus exception under New

Jersey gun law. Unfortunately, that doesn’t exist either. So, there you go.

Evan Nappen 42:45

I have here a letter that I want to share. We love getting the letters. This is from Scott. Scott says, hi,

Evan. While transporting firearms in New Jersey, in addition to being cased and unloaded in the trunk,

does there have to be a lock on the case? Same question for ammo. So, under the exemptions for

transport, under subsection G., New Jersey only requires that the gun be unloaded and in a case that is

closed and fastened. It does not have to be locked. Now, if you want to have it locked, that’s great, but

New Jersey law doesn’t require that the case be locked. It does not require that ammo be locked either.

As a matter of fact, it just can’t be in the gun. You could, in fact, have your gun in a closed and fastened

case, have it completely empty, and you could fill the case with loose ammo all around the gun, as long

as the gun is unloaded and in a case. I don’t suggest you pour 50 rounds of ammo all around your gun

in the case. You don’t want to mess up your gun and all that. It’s dumb to do that, but it’s just to

illustrate the fact that New Jersey’s exemption, not to be confused with the federal for federal

preemption and other laws that restrict how you transport on airlines. We’ve talked about all that. Just

New Jersey’s exemption, if you’re solely relying on the exemption, does not require that it be locked

Page – 12 – of 13and it does not require that it be in the trunk. It has to be in a closed and fastened case or in the trunk.

Now, if you want to put your case in the trunk, that’s good. You’re hitting two but you only need to hit

one of the factors. So, unloaded and in a closed and fastened case gets you where you want to be. It

doesn’t have to be locked. But if you want to have it locked, you want to have it in a case, you have to

have it unloaded, and you want to have it in your trunk as well. That is all good. Belt and suspenders.

When it comes to New Jersey, maximize your protection.

Evan Nappen 44:53

And that brings us to the most popular segment in the show, which is the GOFU and that’s the Gun

Owner Fuck Up. And we love to talk about GOFUs Because GOFUs are mistakes that gun owners

make, that cost them dearly, that you get to learn for free. This week’s GOFU concerns an individual

where they were stopped by police. When they got out of the car, their gun fell out of their holster,

leading to an arrest. So, folks, what is the GOFU? Make sure you have a quality holster that maintains

your firearm securely in the holster. Now, it doesn’t mean it has to have a thumb snap or some other

type of device that retains it. There are designs to many holsters that do retain your firearm. There are

leather holsters that hold it fantastically without having to have a, you know, thumb snap or any of that.

Just make sure that the holster you use securely retains your firearm, particularly if you’re carrying in

New Jersey. Make sure that your holster complies with the requirements. The holster must completely

cover the body of the fireman, the trigger guard and secure it to your person.

Evan Nappen 46:18

This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from

criminals. They protect criminals from honest citizens.

Speaker 2 46:31

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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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 237- Gun Violence Propaganda Memorial Removed

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Gun Lawyer– Episode 237

SUMMARY KEYWORDS

Gun rights, gun violence, gun safety, ATF, Biden administration, Trump administration, propaganda, criminal violence, firing squad, execution, New Jersey gun law, gun control, dental health, reciprocity, carry permit.

SPEAKERS

Speaker 2, Teddy Nappen, Evan Nappen

Evan Nappen 00:15 I’m Evan Nappen.

Teddy Nappen 00:17 And I’m Teddy Nappen.

Evan Nappen 00:19
And welcome to Gun Lawyer. So, the gun rights suppressionists, those that want to suppress our rights. You know, they have created propaganda terms that they put out there that the media readily utilizes. Not just the media, but also even the weaponized government agencies that were particularly weaponized under Joe Biden. One of their favorites, they have two favorite terms they love to use. One is “gun violence”. The other is “gun safety”. And they’ve hijacked gun safety to have nothing to do with safety.

Evan Nappen 01:04
So, when the anti-rights folks are out there talking about “gun violence”, what they really should be saying is criminal violence, or gun criminal violence, meaning criminal wrongdoing with guns. Violence that’s performed by criminals, but they don’t. They simply call it “gun violence” and then pass laws that infringe and suppress our gun rights, saying we have to do something about gun violence. And their solution, somehow, always includes disarming and taking away rights and then has no effect on actual criminals. So, what we see here is that there was a so-called gun violence memorial at the ATF headquarters. And, you know, under President Trump, ATF is being heavily defunded. They are taking away almost half a billion in their funding. Under Biden, of course, it was weaponized to be an even greater agency to suppress gun rights.

Evan Nappen 01:04
When they talk about “gun violence”, they try to categorize whatever laws they’re trying to pass as either trying to address gun violence or it’s a gun safety law. And of course, it’s just gun laws that suppress our gun rights that they put under these banners. So, when they talk about “gun violence”, it’s not gun violence that is a problem. I’m actually, in many cases, very much pro-gun violence. Particularly when you want to use violence from a gun to save your life. Okay? So, if I’m justified in using deadly

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force and I use my gun violently, that’s important. I’m using it for a lawful purpose. Gun violence is actually neutral, arguably. It can be good, or it can be bad.

Evan Nappen 03:23
And apparently, what ATF had was a Gun Violence Memorial. And what the Gun Violence Memorial that the Trump administration has officially removed this propaganda Memorial, and what it consisted of was 120 portraits that were hung during the Biden administration, of course. The most anti-gun rights president we’ve ever had, and the portraits were there to “honor” the memory of all victims of violent crime while at the same time preserving the rights of law-abiding Americans. (https://bearingarms.com/tomknighton/2025/05/05/gun-violence-memorial-at-atf-headquarters- removed-n1228510) But it was not. It was a propaganda display by ATF. Steven Dettelbach, the former director of ATF, who was appointed by Joe Biden, a dedicated anti-gun rights individual, created this memorial at the agency’s Northeast Washington headquarters last April to remind employees of the human toll of gun violence. The display included photos of police officers killed by gunfire and children slain in mass shootings, so-called mass shootings, in Newtown and in Parkland and other victims.

Evan Nappen 04:58
Of course, it really is not about the human toll of gun violence. It’s a human toll by criminals, criminals. But that’s not the purpose of this memorial. It’s to say guns are bad. Guns kill, and we have to ban guns, guns, guns, and that takes away our rights, instead of focusing on the wrongdoers. And this is now gone. It’s been taken down, and that is great, because we’re seeing all these propaganda efforts and other actions that were maximized to suppress our rights under Biden being dismantled by President Trump. It is great to see this. And really, the ATF, if it continues to exist at all, needs to focus its efforts on criminals.

Teddy Nappen 06:07
If I recall, didn’t the UN do a similar statue where it was.

Evan Nappen 06:12
Oh, well, the UN, is completely full of gun rights oppressors.

Teddy Nappen 06:21
Like guns they had seized, and they melted them down. It looked like a revolver.

Evan Nappen 06:25
Right. With a twisted barrel and all. And that’s so they can keep the populations around the world disarmed, so that vicious dictators and others, communists and what have you, that control the UN can maintain their power over people. Because the last thing they want is an armed populace that could oppose these evil leaders and their governments. So, of course, focus on disarmament in the world. Here you have the Biden administration not just doing so-called Gun Violence Memorial but focusing on law- abiding folks that they turn into criminals. Revoking licensed dealers for making one, one, simple paperwork error. You know, revoking their license. That’s been stopped by the Trump administration.

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Evan Nappen 07:30
And the other efforts to redefine all kinds of accessories and what have you into NFA categories. Just their entire war on our gun rights has stopped and is being dismantled. And here, if anything, this memorial is symbolic with its takedown of a new day, a new dawn, and how elections have consequences, and in this case, good ones for our rights. So, that’s what we’re seeing. And, you know, ATF should not be propagandizing and adopting the language of the gun rights oppressors in setting up memorials and other displays to promote suppression of a right. So, there you go. It’s a good thing to see, and they’re continuing in the re-establishment of what ATF should really be about, and not this weaponized agency against our rights.

Evan Nappen 08:46
Another interesting thing I want to point out is what occurred in South Carolina. In South Carolina, there’s a firing squad that botched the execution of a cop killer, Mikal Mahdi. (https://nypost.com/2025/05/08/us-news/south-carolina-firing-squad-missed-cop-killers-heart-report/) And this is interesting, because they had a firing squad of three people. The idea behind the firing squad is to shoot the person in the heart, and all three missed the heart. Apparently, only two rounds hit the person, and part of the rationale for the execution by firing squad is that it is something that should kill the person within 10 to 15 seconds.

Evan Nappen 09:47
In this case, the folks on this firing squad apparently don’t know how to hit the heart with their firearm. And what happened was only two of the three bullets, according to the NPR article, and this was also in the New York Post, as well. Only two, instead of three, hit the person. The bullets struck his liver and other internal organs, allowing his heart to keep beating, and he remained alive for roughly a minute. And during that time, he let out a number of moans and was in pain. Now, of course, you don’t have a lot of sympathy for a person who is convicted murderer, but still. The idea that a firing squad can’t shoot definitely says something about the state of our agencies and their ability to fire effectively their firearms. So, this is really ridiculous. Now this bad guy, who they killed, let me just mention this. He had killed a 56-year old, off-duty police officer, James Myers, who was shot at least eight times before his body was burned. So, like I said, not a whole lot of sympathy. But, of course, those that oppose the death penalty are using this to demonstrate and claim that it prolonged suffering of this individual.

Teddy Nappen 11:41
It kind of reminds me of, do you remember in the Sharpe series? It was the guy that was like Sharpe’s adversary.

Evan Nappen 11:49
Oh, yeah, what was his name? Sergeant hakesfield? Hicksville?

Teddy Nappen 11:59 Obadiah.

Evan Nappen 11:59
Obadiah, Obadiah, Obadiah Hakeswill. I can’t die.

Page – 3 – of 10

Teddy Nappen 12:04
I can’t die. And he’s after he’s shy. Now let me tell you, Sharpe, I can’t die.

Evan Nappen 12:12
Then they do a firing squad, and he actually doesn’t die till Sharpe pops him in the head, finally.

Teddy Nappen 12:19
Yeah, which, by the way. Why wouldn’t they just do that? Why would they line them up? Why not just have three of them just pointed directly at him?

Evan Nappen 12:27
Well and that was a more than three guys, even. And of course, they’re shooting at a guy who’s standing, and he shouldn’t be moving. So, you would think that would have done it. But, of course, the Sharpe series was great. That’s Bernard Cornwell’s series of novels. If you haven’t read them, they’re fantastic. And you know, Richard Sharpe is just a great character. It traces through the Napoleonic Wars, historical fiction, and that was his antagonist throughout the series that finally gets what’s coming to him.

Teddy Nappen 13:15
And if you can’t read, you can always watch the TV show with Sean Bean.

Evan Nappen 13:21
Sean Bean. It’s one of the few Sean Beans where he doesn’t die.

Teddy Nappen 13:27 I know.

Evan Nappen 13:28
He knows. Where he’s dying and is in whatever he does, he always ends up dying. Well, he didn’t die in the Sharpe series, and he did a great job of portraying Sharpe. So, I’d highly recommend watching the Sharpe series or reading or even the audio books are excellent of Bernard Cornwell. Bernard Cornwell has done tremendous historical fiction, not just the Sharpe series, but other aspects of development of Britain. The Last Kingdom also was written by him. With Uhtred. Our hero, Uhtred, right? Who was half Viking, half Anglo-Saxon. So, he’s pretty cool, you know? And the development of England. How England became finally, and yeah. Great, great stuff from Bernard Cornwell.

Evan Nappen 14:24
Hey, so let me tell you about WeShoot. So, WeShoot has Sig Sauer P320-Fie SXG, which is a performance-tuned 9mm built for accuracy, speed, and unmatched control. They also have a Smith & Wesson Bodyguard 2.0 in Rose Gold. So, it’s a stunning blend of style and self-defense, perfect for discrete carry with serious class. And by the way, Juliana is back and ready for action with the HK SP5 “Other”, a civilian legal take on the legendary MP5. She’s making it look easy and deadly cool. You can check out their website for that. They also have the Walther PDP Compact Pro E, which is built for duty

Page – 4 – of 10

or everyday carry. This compact beast comes optics ready. So, it’s MOS and tuned for shooters who take their craft seriously. They’re offering 10% off on all firearms in their web store.

Evan Nappen 15:43
So, you want to check out WeShoot. It’s a great range, and they have a great pro shop and everything you need for shooting. That’s where Teddy and I both shoot, and where we got our training. We love WeShoot. They can tell you and show you all about these great guns. And that’s what we love, great guns. So, check out WeShoot at weshootusa.com. That’s their website. You can sign up for great training and get your CCARE certification, so you can get your carry. WeShoot is a full service, and they just treat you so well there. You’ll love it.

Evan Nappen 16:30
Also, I want to mention our friends at the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights group in New Jersey. They are currently battling for our rights, fighting the gun rights oppressors, those that have passed laws infringing upon our Constitutional rights and trying to keep us victims instead of defenders. They’re in the federal courts, as we speak, challenging the so-called assault firearm law, large capacity magazine law and the Carry Killer bill, with all the ridiculous matrix of sensitive places and more. So, this is ongoing as we speak. Plus, they have a full-time paid lobbyist in Trenton, and as a member, you’ll get great emails, so you know what’s going on. Stay on top of the action as we fight for our rights in the state of New Jersey. The state of New Jersey is just out there trying to suppress us at every chance, and the Association is there defending our rights. You need to be a part of the Association. So, go to anjrpc.org, and you can join today. Be part of the solution.

Evan Nappen 18:04
And at this moment, I want to shamelessly plug my book, New Jersey Gun Law, which is the Bible of New Jersey gun law. It’s over 500 pages with 120 topics, all in a question answer format. I know many of our beloved listeners have the book. I get reports all the time of how it saves them from becoming GOFUs, how much they use it every day, and how it is the key tool, key reference, key resource, so you can stay legal in New Jersey. If you want to get a copy of my book, New Jersey Gun Law, just go to my website, EvanNappen.com. At EvanNappen.com you’ll see the big orange book. Just click it, and you can order it. You’ll have it a matter of days. When you get it, scan the front cover, the QR there, and subscribe to my free and private subscriber base. You will immediately be able to download the 2025 Comprehensive Update, so your book is totally current with that update. And one of the things I did in that update was I have a standalone chapter on sensitive places so you know where you can and cannot carry. Go to EvanNappen.com and get a copy of your book today. Hey, Teddy, what do you have for us in Press Checks?

Teddy Nappen 19:28
Well, as we all know, Press Checks are always free. We were kind of talking about what the left always pushes their whole gun violence they try to establish. And it’s gotten to the point where they’re kind of just throwing random things at the wall, trying to get people to come to the side of gun control, because it’s a losing argument on them for years. I was flipping through The Trace, you know. Always good to keep an eye on your enemies.

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Evan Nappen 20:02
The Trace is the Bloomberg organization where they put out gun rights oppression propaganda, but they often will have stories that are important for us to stay on top of, as you do, Teddy. So that we know what the other side is trying to push. So, what did you see in The Trace?

Teddy Nappen 20:28
I found one thing that was quite strange. The Trace decided to argue that just, I can’t even say it with a straight face at this point, “Gun Violence Linked to Surprising Side-Effect: Poor Dental Health”. (https://www.thetrace.org/2025/04/gun-violence-dental-health-care-study/)

Evan Nappen 20:48
So, we’re back to gun violence, and now, well, of course, dental or dental health in one specific reason, and that is if you get shot in the teeth. If you’re shot in the mouth, then it’s not good for your dental health.

Teddy Nappen 21:02
This is what you do. After you go shooting, you know, you have to D lead your hands. You gotta take some of that stuff, put it on your toothbrush.

Evan Nappen 21:09
Right! You’ve done that. You and I both.

Teddy Nappen 21:12
Yeah. So, in the article, The Trace is talking about the first paper to really look at the connection between dental health and violence exposure. What were

Evan Nappen 21:24
Didn’t they say, be true to your teeth and they’ll never be false to you or something. Yeah, yeah. So yeah. How do they okay? So there, this is just more BS from them. First of all, whatever their statistics say, they’re not distinguishing between what is correlation and causation, two different things. So, let’s hear it. How did they statistically go at this? I can’t wait. Go ahead. I’m sure it’s just the correlation has nothing to do with causation. You can’t link the causational effect. I’m sure it’s Oh, explain.

Teddy Nappen 22:02
Oh, it’s brilliant. So, first of all, the author, the lead study author, who just so happens to be the New Jersey Gun Violence Research Center.

Evan Nappen 22:11 Oh, how convenient.

Teddy Nappen 22:12
How convenient. A little bias there. So, it was out of the study where they took from 100 largest cities in America from 2014 to 2022, 20,000 neighborhood census tracks, and what they determined is they found that one point of increased shootings led to 0.06% increase in edentulism or dental loss,

Page – 6 – of 10

Evan Nappen 22:43
Yeah. How is their causation there? There isn’t. It’s just statistical nonsense.

Teddy Nappen 22:49
Yeah. And they also try to argue that gun violence, where it creates high stress, communities of higher rates of causes, communities’ higher rates of diabetes and food

Evan Nappen 23:00
Do you know what causes high stress? Gun rights oppression. I think gun rights oppression probably leads to bad dental care and dental issues, because there is super high stress there for anyone who lives in Jersey and wants to be remain a law-abiding gun owner.

Teddy Nappen 23:15
They towed out all the other ones where it’s gun violence exposure, effect residents overall wellbeing, increases the risk for suicide, depression and use of mental health services. And if you actually go into the paper, first of all, 100 large cities. Okay, let’s see. What are the main problems and issues of high stress going on in major inner cities? And then tell me what it what would cause that. Secondly, they even is, this is, this is a part right here. They said fatal and non-fatal shootings, they counted for, for American violence. So, what’s a non-fatal shooting? Just some random target practice target shooting? They didn’t really specify. And then here is house and they didn’t, yeah, of course. And here’s the real thing, several indicators for communities of disadvantage, theoretically related to the community health of gun violence, were included, using annual estimates from the ACS, percentages in families of poverty, percentages of family households, a single family head, percentage of people with labor force or unemployed, number of households receiving services due to these call COVID, between several of these items with a Wade community disadvantaged score was created by the creating a factor of poverty, single head families and unemployment. Basically, they cooked the books.

Evan Nappen 24:52
They cooked the books. But why are they doing this? Why? I’ll tell you why. Because from the get go, they’ve wanted to get medical and firearms connected, and you see the progress they’ve made. Early on, they got pediatricians on board and the AMA on board. And that’s why, when you go to the doctor and they ask do you have a firearm, and then they try to make it a health issue when it’s not. Then they can try to go at funding for health issues and use gun rights oppression to go at healthcare that you get. And if they can get dentists now on board, if they can get the dental industry on board, then your dentist will next be asking whether you have a gun. How do you have it stored? It becomes a record that you’re a gun owner, and this is what they try to accomplish by using medical to attack and suppress our gun rights. This is the ploy. This is their tactic. Now they want to bring the dentist, as they have pediatricians and doctors through the AMA. Now they want to stretch it into this. Ultimately, I’m confident that’s what they want to do. So, don’t be surprised, at some point, when you go into your dentist and your dentist is suddenly going to talk to you about guns, because somehow that relates, which it doesn’t, of course, to dental health.

Page – 7 – of 10

Teddy Nappen 26:31
And just to be clear, there’s a study by the Delta Dental, 30% of Americans fail to brush their teeth at least two times a day, with 2% admitting they don’t brush at all, but and which accounts for that 1% differential for the community. So, it’s all BS. That entire study was nothing but hogwash.

Evan Nappen 26:56
Well, I don’t know if any ammo company is going to come out with fluoride bullets. Maybe that’s one of the things. Make sure you have the fluoride in the gunpowder or something.

Teddy Nappen 27:06
It’s a Heidi gun. That’s also a toothbrush.

Evan Nappen 27:10
There you go, right? So, it’s just.

Teddy Nappen 27:14
Well, you got pen guns. Now you have brush guns.

Evan Nappen 27:17
Toothbrush guns. Well, you know, one of the ways they make weapons out of toothbrushes is if you hold the toothbrush over a flame, a lighter or a flame, and you pull each end, it’ll become a point. Then break off in the center, and you literally can make the toothbrush into a pointy shiv by cooking it over a fire and stretching it till it pulls apart. And that is actually a prison technique to turn a toothbrush into a stabby. Stabby. So, there you go. Yeah, crazy stuff.

Evan Nappen 27:58
Well, I have got some ask Evans. Thank you, Teddy for that. Another exposure of gun rights suppression propaganda, which is if it wasn’t because of the sneaky plans that really are behind it, it would be laughable. But it’s not laughable, because it’s part of their ongoing efforts to suppress our rights. So, this is from Jerry. Jerry says, Hi, Evan, I’m looking to build a NJ “other” firearm myself. I visited a local gun shop and was going to order the receiver that I wanted. Once I mentioned I was going to build an other, they stopped and said that was illegal. I’m not allowed to build an other myself. Can I build a rifle but not an other? And that I have to have it stamped and registered with the state police as well. And they added that they can build it for me, but to do it, I don’t have it stamped. Is it legal? Is this true?

Evan Nappen 29:02
So, what New Jersey number one requires all firearms to have serial numbers. And if you’re going to build a gun, you’re going to have to build it on a receiver that has a serial number. The problem with others is that others that are permitted go back to a state police document where they said that the Troy A4 and the Dark Storm 15, they named those guns by name, are Jersey legal. Then we went through a period where we had the pistol brace that was integral to them being legal suddenly made illegal. But you know, federally, where Biden changed their definition after almost a decade to somehow turning these guns into SBRs. New Jersey frowns upon gun building. If you build a gun, they can try to claim

Page – 8 – of 10

you’re a manufacturer, even if you build one gun. If you do a build, it has to be on a receiver that you acquired lawfully from a dealer. If you can figure it as an other, you’re not necessarily making one of the named guns, because it won’t have that name.

Evan Nappen 30:16
And what happens is we get into situations where we have to educate the prosecutors, and it’s been some tough fights explaining that the gun as configured is a lawful other. They don’t understand others, and they just see it and believe it’s an assault firearm, or believe it’s just an unlawful gun, or calling it a ghost gun, even with a registered receiver. It’s just a mess. Frankly, my advice is, do not build your own gun in Jersey. You’ll avoid a lot of trouble and problems. I understand the fun for sure, building your own gun, and the pride of having a gun that you made. But you’re potentially exposing yourself to having to become a test case. So, I can’t recommend it. And it gets more complicated with others than standard rifle building, even with the properly registered and acquired parts. Under no circumstances, should you 3D print something with no serial numbers in New Jersey. Or do an 80 percenter with no serial numbers. Those are just flat out prohibited. Even just having the metal or the parts or the programs to do it is a crime in and of itself in Jersey. They’re trying to make the ghost gun ban so expansive over so many different things that it can turn unsuspecting law-abiding citizens into criminals. So, beware.

Evan Nappen 31:54
I have another letter here from Alan who says regarding shooting a BB gun inside my home, legally. Hello, Evan. I’m a fan of the show. I’m also a New Jersey resident. I have a question for you. I have one of those cheap Daisy BB rifles. I can’t resist the joke. Don’t shoot your eye out. Okay, I said it. It’s like, dun, dun, dun. You gotta finish it off, right? That shoots approximately 350 feet per second. Would it be considered legal to set up a target inside my own home and shoot a BB gun if none of the projectiles make it outside the home and there’s a safe backdrop. Thanks for any information you could provide.

Evan Nappen 32:39
So, here’s the deal. There is no state New Jersey law that prohibits the firearm discharge. What you have to be careful of is firearm discharge laws that are local. And by checking, make sure there’s no local ordinance against firearm discharge, then there’s no state law that would prohibit you from safely firing an air gun, BB gun in your home. For that matter, even a regular firearm. Because it has to do with discharge laws. And discharge laws are currently the domain, so to speak, of the locality where you live that has to do with outdoor shooting or indoor shooting. In New Jersey, air guns are considered firearms. So, be careful.

Evan Nappen 33:38
Additionally, we have this week’s GOFU, which is the Gun Owner Fuck Up. And the reason we talk about GOFUs is because these are mistakes people make that are very costly, that you get to learn for free and not make the mistake. And this week’s GOFU concerns reciprocity. Please, please, please. If you’re coming into New Jersey, know that New Jersey recognizes no other state’s license. New Jersey has zero recognition reciprocity of any other state’s license. Period. They don’t recognize any other state’s license. So, if you’re coming into New Jersey and you want to carry your gun, you need to have a New Jersey carry permit. If you don’t have that, then you can’t carry in New Jersey. Now, if you’re

Page – 9 – of 10

going to take your New Jersey licensed gun out of state. Well, that’s a different story. You’ve got to make sure they recognize your New Jersey carry or you have some other license that allows you to carry outside that jurisdiction. Don’t be a GOFU and carry, particularly in New Jersey, without a New Jersey carry permit.

Evan Nappen 34:59
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 2 35:12
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

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Downloadable PDF Transcript

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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