Episode 210-Freedom of the Western World…It’s ALL on the line this time.

Gun Lawyer

Episode 210-Freedom of the Western World…It’s ALL on the line this time

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Podcast Transcript

Gun Lawyer– Episode 210 Transcript

SUMMARY KEYWORDS

presidential election, gun rights, Kamala Harris, red flag laws, universal background checks, assault weapons ban, high capacity magazines, gun registration, gun confiscation, Supreme Court, Trump presidency, gun training, carry permit, mental health questions, gun applications

SPEAKERS

Speaker 3, Evan Nappen

Evan Nappen 00:15
I’m Evan Nappen, and welcome to Gun Lawyer. So, in just a few days the most important single historic event in our lifetime is going to take place, and that’s no exaggeration. It is the presidential election, of course, and it cannot be overstated how critical and important this election is. Not just to our gun rights, but to everything that makes us America. Our futures are in the balance. But let’s start by discussing what matters most to us, and that is gun rights and the Second Amendment.

Evan Nappen 01:11
Just on that issue, how do we distinguish these candidates and what is the future going to hold when it when it comes to our gun rights? If Kommiela becomes President, I’ll tell you simple enough. You can go to her website (https://kamalaharris.com/), and under “issues” look for “Make Our Communities Safer From Gun Violence And Crime.” (https://kamalaharris.com/issues/) So, we have the propaganda right away. This is the gaslighting that the left, the Democrats, and her entire team love to push. What Kamala is committing to doing is, “She’ll ban assault weapons and high capacity magazines, require universal background checks, and support red flag laws that keep guns out of the hands of dangerous people.” She has refused to go over or put out her policies as to how she’s going to implement these things. You know, there’s no reason to ever talk specifics. And she argues that as a “gun owner”, because she’s a gun owner, these are common sense laws, right

Evan Nappen 02:40
So, first of all, she claims to be a gun owner and that does not amount to anything in my book. I don’t care if you’re a gun owner. The greatest tyrants in history all owned guns, if firearms existed at the time that they were doing their thing. Every evil, horrible, dictator, tyrant, fascist, you name it, they’re all gun owners. That doesn’t mean they respected gun rights. Not one bit. And neither does she. If she even is a gun owner, who knows, because you know she lies about so much. But it’s not about being a gun owner. It’s about whether or not you’re a gun rights oppressor. And, of course, she is.

Evan Nappen 03:32
So, let’s break down her three key issues that she at least is willing to mention as they run their stealth campaign of just bland things to evoke emotions without any substance. But we understand where she’s coming from. She wants to take gun rights. She wants to oppress gun rights. Let’s look at each of

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these issues, because not only do we need you to vote and get out there and vote, but also you need to get others to vote. If you end up in discussions with other gun owners who aren’t getting off their ass and voting because apathy amongst gun owners is an actual thing. You’ve got to get these people out there and folks that are, you know, middle of the ground, or they’re not really sure, and maybe they’ve even swallowed some of the propaganda. Let’s talk about how to deal with these issues, even individually, in your discussion.

Evan Nappen 04:40
Okay, so let’s talk first about Kommiela’s desire for Red Flag laws. What is the Red Flag Law? Well, we have Red Flag law in New Jersey already, and it’s a nightmare. It’s horrible. New Jersey calls them Extreme Risk Protection Orders (ERPOs). Basically, it is the ability to take your guns without due process. That’s the simplest way to understand it. When I say without due process, I mean it. Because the way the red flag laws work is it just takes an anonymous phone call, or even an anonymous email. I have a case with just an email, anonymous, and looking at ancient social media posts. Coming and seizing guns, raiding the household, invading your privacy, taking your rights until finally, after the damage gets done, you get a hearing. Well, this is what Red Flag in reality is. It’s an absolute intrusion into our Civil Rights, our privacy, our gun rights.

Evan Nappen 05:56
The other side sells it by saying, oh, we just want to stop criminals, domestic abusers, or those who’ve been mentally adjudicated by a court that can’t possess firearms. Yeah, except it isn’t that. They always pick the extreme examples and then make it as broad and as sweeping as they possibly can so that your rights, my rights, our rights, get crushed, and that is their game. They expand this so that anyone who’s your friend or your neighbor or family member, even a doctor, can make a report that you’re a danger and boom, without due process, your guns get seized, your house gets searched, and your property taken. That’s it. That’s what red flags really are.

Evan Nappen 06:53
They are what the Gestapo did with their warrant disk, little coins they had that were hooked to a little key ring to show that they could search anywhere they wanted. Red Flag is basically that, just without an actual warrant disk. They just file the paper with the anonymous bullshit, and you’re subject to it. It’s terrible. It is unbelievable that it is taking place. This is something she wants to push nationally. Nationally. We have to stop it, and in New Jersey, we’re working on trying to do that. Not have it expand nationally. And you, of course, can get swatted by these things and that has happened. Your life gets put in danger by these things, these so-called Red Flags. Because the police come there and a person is considered an extreme risk, you’re there and don’t even know it’s happening. You come to the door with a gun, because you don’t know who’s raiding your house and hitting your house, and next thing you know, you’re shot and killed. This has happened. This is extremely dangerous, and it is rights oppression in its purest form.

Evan Nappen 08:18
Kamala also wants Universal Background Checks. Oh, boy. UBC. So, what is a Universal Background Check? Essentially, anytime you hear those words, think Universal Gun Registration. Now, some folks may say, well, what’s the benefit of a Universal Background Check? Well, what a Universal Background

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Check is supposedly for is that all purchases, private purchases as well as from dealers, must go through a licensed dealer and you must get checked. All purchases, whether private or not, must go through a licensed dealer and have a check. So, it ends private sales. And what it means is that every sale is now recorded. Every sale is now documented. Every sale becomes a form of registration. And they’re actively registering on these sales. A billion, almost a billion dealer records have been computerized, data based. Yeah, what do you think that’s for? Why do you think that is? It’s not for solving crime. It’s never solved a crime. That’s not what it’s about.

Evan Nappen 09:33
It’s about the four words, Legislation which leads to Registration, which leads to Confiscation and then Extermination. That, my friends, is a pattern that’s repeated all throughout history, before every major Holocaust. Not wanting to go down that path. Even though Kamala and her crew are calling Trump a Fascist and the tyrant and the dictator, we all know the truth. The truth is that’s what they really are. That’s how they act. Look at what they do. They crush rights, suppress our freedom of speech, suppress our gun rights. I mean, they do all the things that Fascists do. When Trump was President, he didn’t do things that Fascists do. But that’s what we’ve been experiencing. We’ve got to end this. This is our chance, and Universal Background Check is an extreme danger for us.

Evan Nappen 10:32
Sometimes folks say, well, you know, we’ve got to shut the gun show loophole and that’s why we need Universal Background Checks. That is how they try to sell it. But the gun show loophole is false. There is no gun show loophole. If anybody out-of-state wants to buy a gun, it has to go through a dealer. Private sales within a state are private sales. Period. You make private sales in a state under that state’s laws. There’s no loophole to a gun show. It’s crap! Universal Background Check is just pushing further down the road of eventually taking all the guns. Universal background Checks don’t stop criminals. 43% of criminals who use firearms purchase them from illegal dealers, and that’s from ATF 2021 statistics, folks. This is something we have to fight.

Evan Nappen 11:40
Yet, this is the propaganda, and this is the rights suppression that’s going to come your way. And remember, these are just the building blocks to their eventual goal of taking all the guns. She has admitted she wants to confiscate guns. She said it. Now she’s denying it, because it’s the election. But it’s on video, multiple times. No problem going into homes to take guns. No problem banning guns, confiscating guns. Come on. Suddenly now, oh no, no. I mean, they flip flop all the time, but once they get in office, we see what happens. Look what dementia Joe did with all those Administrative regs and all that expansion that, luckily, the Supreme Court has shot down. That’s just what he did. She’s going to be even worse.

Evan Nappen 12:35
What about banning assault weapons and high capacity mags? Well, again, here we go down the same road again. What is an “assault firearm”? It’s this undefined thing. Do they mean modern sporting rifles? Well, in that case, that’s all it is. A modern sporting rifle. You know, true Sturmgewehrs, the original assault rifle, are full auto. Full auto and semi-auto. They were select fire. They are medium caliber guns, not higher power. They’re made for urban fighting. But that’s not what assault weapons that they

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want to ban. They want to ban our semi-automatics. That’s it, and as many of them as they can scoop up. As many millions of guns as they can grab and put under that banner.

Evan Nappen 13:29
I mean, look, when New Jersey banned assault firearms, it included.22s, Marlin Model 60s. It still includes many ..22s today, and worse. This is what we already went through nationally in 1994 with the so-called assault weapon ban. It accomplished nothing. It did not affect crime. It has no effect on crime, but it does limit our capacity to defend ourselves. I wrote an article, and it’s in my book, New Jersey Gun Law. It was even published in Harper’s Magazine. It was called “101 Reasons Why You Need an Assault Firearm.” So, if anyone ever says, why do you need one? Just refer them to my article. I gave 101 reasons why you need them. I’m not going to go through them now, but you can read them if you wish in my book. Now’s a good time, I think, to shamelessly plug my book. Go to EvanNappen.com and get a copy of New Jersey Gun Law, the Bible of New Jersey gun law. You will find “101 Reasons Why You Need an Assault Firearm” in the Question and Answer chapter about trying to understand New Jersey’s insane assault firearm ban.

Evan Nappen 14:46
But Kommiela wants to make it national yet again. She also wants to ban so-called standard capacity magazines that they claim are high capacity magazines. Now think about this. What is the capacity of a magazine that is acceptable? And to that question, I ask another question. How many bullets is your life worth? Is your life worth only 10 bullets? Or is your life worth maybe 12 bullets? How about 15? How many bullets is your life worth when you have to defend your life? Because that’s what they want to limit. They want to limit how many bullets you can have to defend your life. It has no effect on crime. As a matter of fact, only 3% of all homicides were committed just with rifles, no less semi-automatic rifles, or so-called assault rifles. Only 3% of all homicides. Criminals prefer handguns 86% when committing a crime.

Evan Nappen 16:03
You know, sometimes you hear them say, oh, well, we have to protect the children. The children. And they say that firearms are the largest killer of children, but that is actually really skewed, manipulated statistics. Because those statistics include 19 year olds. Do you consider a 19 year old a child? A 19 year old who died in gang related violence. Gee, that’s not the picture that comes to mind when they’re talking about being a killer of kids, is it? That’s what they include in their statistics. When looking at the ages of 12 to 14, accidents, and I don’t mean gun accidents, I just mean accidents, are the number one cause of death of children. Accidents. Not firearms.

Evan Nappen 16:56
So, there are no studies, nothing out there that shows an assault weapon ban or high capacity magazine ban lowers crime. It’s a lie. She’s a lie. She’s a fake, and she’s an oppressor. If you want to fight for your gun rights, if you want to save your guns, we’ve got to keep this fight. We need President Trump to win. Because it’ll affect gun rights beyond stopping Kamala and her anti-gun rights oppression agenda. With Trump as President, you will be able to appoint Supreme Court justices. Remember, a number of our greatest conservative justice are getting pretty old. We’ve got to keep the Court pro Constitution, pro Second Amendment. President Trump, last time, was able to get three conservative

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judges on that court. It’s a reason that we have the Bruen decision today, that is helping to fight gun rights oppression. So, it’s critical for the Supreme Court.

Evan Nappen 18:13
It’s also critical for ending the agency abuse. Right now, our agencies, our Government agencies, are out of control. Not just the ATF with all their agency overreach, but all the other alphabet of agencies are out of control. Trump will get rid of agency after agency. He’s going to riff agencies reduction in force, because he has to get rid of the deep state, and he will. He has the greatest team. Look at his team of folks that will join him to get this mission accomplished. From Elon Musk in charge of government efficiency, and then Vivek Ramaswamy focused. As a matter of fact, it was Vivek talking about how they can get rid of these agencies by using the Supreme Court law regarding Chevron deference and how so many of these agencies have passed all these agency rules that are no good and executively, these can be wiped out, eliminated by President Trump, under the case law by the Supreme Court justifying getting rid of them. Once those regs are gone, when you cut half or a third of them away, you don’t need the agencies, and that way we end bureaucracy, the stranglehold. Not just on our rights, but on our economics, our business, etc.

Evan Nappen 19:53
This is the most important election in probably a in century. It is. it cannot be overstated. You have to get out and vote. You have to bring others out to vote. We need President Trump, not just to win the Presidency by way of the Electoral College. We need him to win the popular vote. We have to make it too big to rig. Not only are all these incredibly important things such as the economy, immigration, all these things that are at stake here, but we also have a chance for America to enter into a new golden age. A chance for the United States to be the greatest nation, the greatest country ever to exist, during the entire existence of humanity. We have this opportunity to make us the greatest, strongest, best, highest quality of life, highest standard of living that humans have ever achieved. It can be done with President Trump and his team.

Evan Nappen 21:22
Versus in this election, what is probably the end of Western civilization, folks. Endless wars, probably nuclear war, economic downfall. America becoming, at best, a third world country. Our enemies are seeing the weakness and having war through weakness. It couldn’t be any starker, the contrast or the choice. This is it. I hope that by my next show, we are happy and just psyched up beyond belief for the brightest future that I could ever envision ahead of us, as opposed to the opposite. Because if it’s the opposite, folks, we’re in for it. We’re going to have a lot of suffering, a lot of struggles, and our future will look very, very dim. So, make sure you do your part. Get out there and get others to go with you. By the next Gun Lawyer, we will know the answers, and let’s hope and pray. This is it. This is the one that counts.

Evan Nappen 22:51
Now, let me tell you about WeShoot. WeShoot is a gun range in Lakewood. They have a lot of training that they are offering, and I want to give you some specifics about some really cool stuff that WeShoot is offering. WeShoot has the New Jersey concealed carry course. They can get you your CCARE, and they have limited spaces available now. So, go get your carry. They also are offering Utah carry, so you

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can get your Utah non-resident. That can add Florida and Virginia and Arizona as add-ons. They’re offering the Utah carry to get that. Plus, WeShoot is offering New York City non-resident. You can go there, and you can get your certification and get your carry for New York. WeShoot is also offering NRA Basic Pistol, which is the number one firearms introductory class in the world. So, if you’re a newbie, you can take that NRA Basic Pistol course.

Evan Nappen 24:23
They’re also offering Samurai Range Day. That’s right. Samurai Range Day with Master Builder Mark H., founder of Precision Firearms and Samurai Firearms. (November 16 and 17 – 12 Noon to 6 PM – No registration required). WeShoot can also help you become a Certified Instructor. They’re offering the USCCA Instructor Development Course. They’re also offering the USCCA Advanced Carry class if you want to take your concealed carry skills to the next level. They’re doing weekend classes, too. Every type of training you need. They are a top facility. You need to check out WeShoot. Go to weshootusa.com. Tell them you heard it on Gun Lawyer. They’ll treat you like family. They always do. They’re the best. It’s where I train and shoot and so do my family. Go to weshootusa.com.

Evan Nappen 25:24
As we continue this fight, remember to make sure that you belong to the state Association. That’s right. That is the Association of New Jersey Rifle & Pistol Clubs. ANJRPC is the NRA affiliate for our state, the official one. They have a full-time paid lobbyist in Trenton looking out for our rights and checking on all the shenanigans that take place in Trenton. They also are the guys and gals litigating in federal court, as we speak, challenging the Carry Killer Bill, challenging New Jersey’s assault firearm law and large capacity magazine law. Oh yeah, they’re there and doing so much more. By you being a member, you’ll be getting a fantastic newsletter. You’re getting email alerts. They have tremendous resources, and they do a great job in New Jersey. I’m proud to be a part of the Association. You need to be a member. Go to anjrpc.org. ANJRPC.org. Make sure you join today and be part of the solution.

Evan Nappen 26:45
Now, I’ve gotten a lot of great letters, and I love the letters. I have a letter here from Harry who says, regarding magazine compliance. Yeah, it’s always good to review that. I have magazines that are blocked by the previous owner of one of my guns. The mag has a 17 round body and markings. The mags are blocked to 10 rounds and epoxied. The gun shop says these magazines are illegal. And any round marking above 10 has to be permanently defaced. Is this true? What is the process to block mags and make them compliant? I have a friend in PA who would block mags for me.

Evan Nappen 27:24
Okay, here’s the deal. The defacement thing is absolutely ridiculous. No, there’s no need to “deface” what it says. But they do have to be permanently blocked, permanently blocked. So, epoxy is permanent. You know, welded, epoxied. Permanently blocked is the key. It cannot be temporarily blocked. And it doesn’t matter what it says on the magazine. If it says 17 or even if it says 10, because even if it says 10 but holds 11 or more, you’re in trouble. If it says 17 or 20 but only holds 10, you’re not in trouble. So, don’t go defacing numbers on the mag. As a matter of fact, defacing a firearm is a crime, and they might even try to allege it if you deface a mag. It’s part of the gun. Who knows? I don’t put anything past them, if you actually defaced a firearm. But anyway, the bottom line is, you don’t need to

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deface it. You do need to make sure it’s permanently blocked. If it is permanently blocked, it’s not unlawful in New Jersey. Remember, possession of a large capacity magazine in New Jersey is a felony level offense that carries up to a year and a half in State Prison. They don’t want you to have too many bullets to protect your life. They have to limit how many cartridges you’re permitted to have to defend yourself. Because, you know, criminals don’t pay attention to that stuff. But they’ve got to keep oppressing the gun rights of law-abiding gun owners, and that’s one of the ways they do it.

Evan Nappen 29:12
I have a letter here from Frank. Frank writes two questions. Can out-of-state residents qualify in your state for a carry license and do your passport photos get attached to the application? So, here’s the answer, Frank. Yes, non-residents can easily apply. Go right online to the State Police website and apply for your out of state permit to carry a handgun. (https://www.njportal.com/NJSP/ConcealedCarry/) Photos are done electronically. They’re automatically put in when you use the online app. So, for both resident and non-resident carry permits, you do it right online via the state police website, and you download the photos. It’s actually, I’m shocked to say, improved. So, there you go. It’s an improvement over the old paper application and then being subject to right suppression by New Jersey judges. That’s no longer the case since the Bruen decision, whose majority opinion was written by St Thomas. That is Justice Thomas, who we call St. Thomas, because he’s the greatest and we love him. The power of Bruen continues.

Evan Nappen 30:33
Now Anthony says regarding carry permit references and questionnaires. Who sends them out? Who deals with it? Well, again, that’s all done now electronically when you apply. The important thing is to make sure your references are ready and waiting to get the email. As soon as you put in the application, they’ll be sent an email to reply to their references. Make sure they do it right away, and that will avoid the delay. It’s simply done over email. It’s been streamlined, and that’s how we do that today.

Evan Nappen 31:15
I have another letter here, and this one is from Bill. He says, regarding assault firearms. Under N.J.S. 2C:58-5, a person can buy an “assault firearm” if you meet the requirements. When I get my NJ Permit to Carry a handgun, I still need to, in order to get that assault firearm license, the law does say this. You first need that carry permit, and then it says, “no license shall be issued unless the court finds that the public safety and welfare so require.” Does Bruen address the “public safety and welfare so require” requirement?

Evan Nappen 31:58
So, Bill is pointing out a very interesting thing. New Jersey actually has a Permit to Possess and Carry an Assault Firearm under N.J.S. 2C:58-5. So, in order to purchase, possess and have an assault firearm, you can legally do that in New Jersey if you get a so-called license. It combines both of those things. However, the requirements require that you first get a carry license, which used to be impossible, but now it is not. The next step is you have to reach this insane standard that says, “no license shall not be issued unless the court finds that the public safety and welfare so require.” Now it sounds to me like that standard is unconstitutional, but it hasn’t been pursued yet. It hasn’t been

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challenged to the courts. It sure sounds like it’s ridiculous, and it’s kind of being challenged now in the essence of the ban itself.

Evan Nappen 33:05
The question really is, is the assault firearm prohibition unconstitutional? I believe that it will be found to be unconstitutional. So, getting an assault firearm license won’t even be necessary if you’re interested in that. I think we should just wait and see right now. These cases are heading very quickly now there. There are multiple cases across the country. Shortly, we’re going to get to the Supreme Court taking an assault firearm case and finally rendering a judgment on it. So, stay tuned. Please don’t go being the test case just yet, challenging New Jersey and trying to get an assault firearm license. Although in theory, I think it is possible, particularly since the original hurdle, which was no one could even get, a carry license, is no longer part of it.

Evan Nappen 34:13
This letter is from Joe. Joe wants to know about transporting his firearms to the range. He asks if an officer pulls him over and asks where he’s going and what he’s doing, does he have to tell him? Does he have to comply? Do they need a warrant to unlock his guns that are being transported in his lockbox?

Evan Nappen 34:37
As you should know, New Jersey has what’s called Duty to Disclose, if you have a Permit to Carry a Handgun. Even if you’re just transporting it to the range, you have a duty to immediately tell the officer that you’re carrying or transporting and to show your permit. Now if there’s an investigation that ensues, then the officer has a right to look at your guns. But whether or not that happens, that’s up to the officer and the circumstances. But you definitely have that obligation to disclose and show your permit. However, if you’re transporting to the rage under the old exemptions, and you do not have a Permit to Carry a Handgun, then you do not have to disclose. And if you’re transporting your guns illegally, you don’t have to disclose. Only permit holders have a duty to disclose. More New Jersey logic law right there.

Evan Nappen 35:36
Here is Vincent, who writes, what about reciprocity? What’s national reciprocity? What’s going on with national reciprocity? I totally get it. I love the idea of reciprocity, but it is now obsolete and outdated, my friend. We are now fighting for and looking for “national constitutional carry”. Screw reciprocity. We want national constitutional carry so you can carry anywhere in the United States with no permission slip. Period. End of story. That is the new push. I believe it’s Rep. Massie who has already put a bill forward to do that. (https://massie.house.gov/news/documentsingle.aspx?DocumentID=395664)

Evan Nappen 36:22
Folks, this Tuesday, if Republicans sweep through both houses and the presidency, we could actually get national constitutional carry. Imagine that. We could do it. It is actually possible. It just shows you the things we can achieve, the rights we can regain, the oppression that we can defeat. It’s right up there with our ability to carry nationwide.

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Evan Nappen 37:03
Kevin sends a letter to me which says that a friend of his has placed him in a will to receive all the handguns, rifles and shotguns upon his passing. I would like to know if there’s anything I need to do to receive these firearms. The answer is nothing. Under New Jersey’s law and federal law, if you’re the heir, if you’re the beneficiary, you get all the guns. No paper, no registration, no fuss, no muss. That’s one of the beauties of it. It’s a wonderful legacy for the person who is passing to leave, and the guns pass with no paper, no dealers, no background checks, no nothing.

Evan Nappen 37:55
However, if you are a prohibited person, you can’t get the guns because you’d be illegally in possession as a prohibited person. But if you’re not otherwise prohibited, if you’re not otherwise like a felon or whatever, and you are left guns in a will, they are yours. End of story. Nothing else to do. Enjoy them. So, that’s a good thing to keep in mind. If you’re thinking about your own legacy, make sure you leave your guns to the person or persons who want them. Make sure you estate plan, and think about where you want your guns to go so that they go to somebody who will appreciate them. By the way, my name is Evan Nappen. I’m just kidding. All right. So, it’s very important to do that properly.

Evan Nappen 38:46
I have another letter here from Bill. Bill says, I’m a loyal fan of your book and your podcast. I have a clarifying question that I’m sure I’m not the only one to have. I have a PTC, and I carry to work. My client does not allow concealed carry, so I leave it locked in the car, unloaded. If I go to lunch with my clients and I drive them, I don’t want to let them know I carry. Is it okay to leave the gun locked in the case, in the car, unloaded, while going to and from lunch? I’m sure this is not the only scenario where this can happen, but this is my situation. What do I do if I’m stopped by police? I know I have a Duty to Disclose, but is it okay to transport firearms in this situation?

Evan Nappen 39:26
The answer is, yeah, you’re transporting unloaded, locked in a case with a carry permit. The carry permit lets you possess and carry. So, you can possess and carry loaded, concealed on your person, or if you’re transporting, then you’re transporting unloaded in that locked container. You’re doing it under both those, and the locking is the same for when you go in a sensitive place. You can secure it in that same manner. Secured and locked and unloaded and transported with a carry permit. Then you’re covering yourself. But you still have the Duty to Disclose regardless of transporting or carrying on your person. Thanks, Bill, for the great question.

Evan Nappen 40:16
This question is from a person named Sachs. I wonder if he lives on Fifth Avenue, but anyway. He says, regarding carrying fluted, non-expanding ammunition. Thank you for everything you do for expanding our 2A community in New Jersey. Your dedication and expertise are extremely valuable to all of us, and I genuinely appreciate your work. And thank you. I appreciate the compliments. I want to say how much I enjoy your book. It is an essential resource. Well, thank you for that too. And as a member of ANJRPC and U.S. Law Shield, I appreciate your contribution to both. Well, I appreciate all your appreciation. I truly do. Thank you. I have a question regarding the legality of carrying fluted, non- expanding ammunition, such as the Norma NXD, NovX Engagement Extreme, or the Underwood

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Xtreme Defender. Since these rounds are fluted and do not have a hollow-point design, do you believe they fall within New Jersey’s parameters for lawful carry? Are there any specific considerations or recommendations?

Evan Nappen 41:25
So, those are fluted. They’re not hollow nose. They’re not hollow point. As long as the flutes do not create hollow cavities, a hollow nose, then they’re not hollow. I mean, they’ve got to be hollow to be hollow. If they’re not hollow, they’re not. Depending on what round and what we’re talking about. The New Jersey State Police do put on their website, on their FAQ, specific rounds that perform very much like hollow nose, but are not hollow nose. (https://www.nj.gov/njsp/firearms/firearms-faqs.shtml – Question 13.) Very popular rounds are the Hornady Critical Duty, Hornady Critical Defense, Cor-bon PowRBall ammo, etc. Go to the state police website. They say that this is good to go, and because they say it, that becomes a defense at law.

Evan Nappen 42:15
We’ve talked about it before, and I’ll mention it again. It’s called ignorance or mistake of law. New Jersey has that as a defense. But the way that defense comes into play is if you’re relying on an official statement by the agency or folks that are empowered to say it. The State Police Firearms Division are the folks on guns, and if they say you can carry those rounds, then you’re covering yourself by carrying what they say is okay. So, those are good choices for defense. The key is exactly that. Hollow nose is hollow nose. Fluted, depending on its actual configuration, isn’t hollow. So, as long as you don’t have fluted that are hollow, then what is it? I mean, arguably, when a round goes through the barrel, the rifling, to a certain degree, adds fluting right. The rifling itself on some lead will mark it with grooves and create fluting itself on just lead, solid lead.

Evan Nappen 43:23
So, what about the exciting last segment of the show, which is the GOFU? The GOFU is the Gun Owner Fuck Up. That’s where we get to learn an expensive lesson, somebody else’s expensive lesson, that we get to learn for free, so you don’t become a GOFU. And what I’m talking about here today as a critical GOFU is be extremely cautious when filling out your gun applications. When asking about mental health, there are two questions, folks. One is about commitments, and it now includes voluntary and involuntary. The other question is about ever being treated or observed by a doctor or psychologist, etc, psychiatrist, doctor, psychiatrist for any mental or physical condition. You know, they’re going at your gun rights. There we go. New Jersey’s expansive privacy invasion on its application.

Evan Nappen 44:30
But the problem is, if you’re not truthful on those questions, you could end up not only denied for something that we could have overcome by different legal methods, but you could get denied for falsification. Falsification itself is a denial, and that becomes the GOFU. Not only can you get denied, but also you can get criminally charged with falsification, and that’s a felony offense. A crime of the third degree that carries up to five years in State Prison. So, not only do you not get your guns, not only do you lose your gun rights, not only do they deny your license, but you also get to enjoy the prosecution for a third degree felony level offense while you’re at it. So, be very careful on all the questions on the application.

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Evan Nappen 45:26
I’m seeing a lot of people who inadvertently give the wrong answer to these questions. If you were committed as a juvenile by your parents, it counts. There’s no distinction between an adult and a juvenile. If you’ve had a doctor prescribe you antidepressants, then you better tell about it and overcome it with a doctor’s letter or report. More and more the investigations uncover these things, and it is a big problem for folks. Don’t be that GOFU.

Evan Nappen 46:10
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 46:22
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 [e-mail]. 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

Gun Lawyer S3 E210_Transcript

About The Host

Evan Nappen, Esq.

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

Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.

As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.

He also provides expert testimony and consultations for defense attorneys across America.

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