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Gun Lawyer Episode 118
brace, firearm, short barrel rifle, pistol, sbr, new jersey, gun, biden, atrocity, new jerseyans, called, gun laws, law, sutherland, national firearms act, abiding citizen, nfa, lawyer, pistol grip, government
Evan Nappen, Speaker 3
Evan Nappen 00:18
Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, you may have heard that our President has pushed another bit of his urgent, vital, gun control efforts to help destroy the Second Amendment, which is his agenda, of course. Part of that has been to abuse through agency regulation in any way that he can. Not just go after dealers, which you’ve heard me talk about, and we’ve had that fight on a couple of dealers already where we’ve luckily won. But now one of his latest moves is to reclassify what are called “pistol braces” as making firearms into SBRs, which are Short Barrel Rifles. Now the pistol brace has been around almost 10 years now. What it does is it attaches to a handgun, so it gives greater stability and allows for greater accuracy when shooting your handgun. It is used extensively by wounded and injured veterans and those that have injuries or handicaps with shooting, and it would allow for their ability to shoot much better and more accurately as an aid in bracing the firearm. They became very popular because with a brace, even though there was debate as to whether you can or cannot shoulder a brace until eventually it was determined you can shoulder the brace. What would occur is your firing of a pistol with a brace became more accurate. The bottom line, all a brace does is make your shooting more accurate.
Evan Nappen 02:14
So, it is fair to say that Biden has engaged in a war on accuracy. When you shoot a firearm, they want you to be all over the place. They don’t want accuracy. They want you to hit targets you didn’t intend. They want bullets to fly wild. They obviously do not want you to be accurate because all a pistol brace does is improve accuracy. What Biden has done, through his administration, has determined that the brace turns a firearm into an SBR. An SBR is a short barrel rifle. Now short barrel rifles and short barrel shotguns have been prohibited under the National Firearms Act since the 1930s. They’re in the same category as possession of a machine gun. Now the whole absurdity of the 1934 National Firearms Act is a whole other debate we could have, and the National Firearms Act is itself an affront to the Second Amendment. The politics that created the ban of the ’30s were a combination of what was a naive understanding of the progun folks at the time. And of course, a major dose of Hollywood. It was the media even then, who were the few that misused firearms. These things were turned into Warner Brothers movies. Everyone knew that if you ban machine guns, you would end gang violence and that only criminals use these things. All of that’s, of course, nonsense and false, but the same politics of that period of the 30s. Page – 2 – of 7
Evan Nappen 04:09
They say that the idea of an SBR or short barrel rifle really shouldn’t even have been something that was ever banned. The reality of it is we need to repeal the entire NFA because there’s just no reality to it. You start distinguishing between fully automatic and semi-automatic, and it really just gets downright silly. Bullets are coming out of that gun, and it’s the person not the firearm. If your barrel is short but you have a stock so now it’s a little more accurate with the stock than if you didn’t have a stock on a shorter barrel, who cares? There’s been various workarounds that of course show the absurdity to it all with sawed off shotguns. Because we ban sawed off shotguns, but we can have a shockwave. So, try to distinguish any kind of material issue between a sawed off shotgun and a shockwave, there’s nothing. Sawed off shotguns shouldn’t be prohibited either but why not? We have 14 inch barrel shockwaves, and it’s not a problem. It comes down to people, not guns.
Evan Nappen 05:14
This is something that we’re going to get to a little later in the show. Its focus on material objects has always been a folly. But the problem with the folly is that there can be serious penalties at play if you are caught in their game of musical chairs, and you end up being a victim of gun laws. I don’t want to see any of you become a victim of gun laws. So, for example, someone has sent a letter to me and it’s on this very topic. From Salvador, regarding pistol braces. Evan, now to BATF has determined that any pistol with a pistol brace be classified as an SBR. How does this affect New Jersey residents that have purchased NJ legal “other” firearms?
Evan Nappen 05:55
Well, this is a very important question. Not only for the United States in which there’s an estimated up to 40 million pistols with braces. That’s the estimate. Anywhere from 10 million to 40 million of these braced pistols. Individuals in New Jersey have a special concern because it is particularly troublesome for individuals in New Jersey. I’ll explain that in a minute. The SBR issue itself is going to turn all these into the equivalent of possessing, essentially an unregistered machine gun under federal law, because SBR is sort of in that same category. So, you’re going to have to take some kind of action unless the lawsuits that are coming are successful in stopping this law from taking effect. The onus is on us, it’s on us to take action. That’s our ATF. They’re like the original make work agency, of course. Why did they allow this for 10 years and then suddenly reverse themselves creating this havoc? This wreck? This mess? They knew originally that it was fine, and it served this great purpose. Now politically, that’s all that’s changed.
Evan Nappen 07:13
So, this brace rule says that within 120 days, you’re given this so-called grace period to take action. One of the actions that you can take is you can voluntarily give up your gun and brace. I’m sure everyone wants to run out and just give a no compensation. Give up their gun and their brace. They say that you can remove the brace, but it’s not really crystal clear about everything about that removal. More information is going to come out because, although they published this, there’s one little step more to being completely formalized, but it should happen any day. Maybe by the time you’re hearing this show, it might have officially been triggered. So, removal of the brace appears to be an option. But we may have to do, we might have to do more than remove it. Time will tell. We got to see, but at least removing it seems to be an option. Page – 3 – of 7
Evan Nappen 08:08
The other thing is you can register, which they’re allowing you to do. A National Firearms Act registration, where you register your braced pistol as an SBR with the federal government. They supposedly have a 120 day grace period to do that registration. So, you can keep your brace on the pistol if it’s registered as an SBR, and that’s an NFA (National Firearms Act) registration through the feds. Normally, there would be a $200 tax to do such registration. The key here is that they have waived that. They’re not imposing, shall we say, the $200 tax. So, you’re able to do this NFA registration without spending the $200. How nice of them. If you want to take that option, that is of course an option.
Evan Nappen 09:09
But here’s where the problem comes in for New Jerseyans. You see New Jersey doesn’t currently have pistols with braces under New Jersey law, a pistol with a brace as determined by the State Police who followed federal regulation regarding this, to their credit. They said look, the Fed says this is just a pistol with a brace, and we’ll go along with that in so many words. But now, here’s the problem. The feds no longer say that. So, in New Jersey, if you have a pistol with a brace under the Fed reg that has now changed, you now have an SBR, a short barrel rifle. You do not have a pistol with a brace. And although the feds will allow you to possess a short barrel rifle, if it’s properly registered under the National Firearms Act, which the current rule change supposedly allows you to do within 120 days. You can register it as an SBR but that only makes you legal for federal law purposes. It only makes your SBR, formally pistol brace now SBR, federally legal, but in so doing, you’re federally declaring that your pistol is now a short barrel rifle.
Evan Nappen 10:53
Under New Jersey law, there is no lawful way for a citizen to possess a short barrel rifle. Short barrel rifles are prohibited in New Jersey, period. End of story. It doesn’t matter that you have a federally registered, NFA legal, federal government approved short barrel rifle. New Jersey says short barrel rifles are prohibited. So are short barrel shotguns, for that matter. So, what you’re doing is essentially incriminating yourself into possessing contraband under New Jersey State law in the attempt to legalize your possession of the item under federal law. The New Jersey gun owner is in an even further predicament, thanks to President Biden’s anti Second Amendment, anti-constitutional efforts that he is doing through agency abuse. That’s what’s going to hammer New Jerseyans.
Evan Nappen 12:11
Now as Salvatore asked, what about other firearms, “other” meaning the firearm that is declared an “other”. Not just talking generally about “other guns”. He’s talking about the others, which is a legal definition for firearm or something that is neither a pistol nor a long arm. It’s put in that category of “other”. Then with a brace on an other, what do you have? And that becomes a very important question. Because if you have an “other” and it has a brace, is the braced other going to be viewed as needing a registration to make it an SBR or an SBS? Because now it becomes a short barrel rifle or short barrel shotgun. Part of the rationale that allowed many of these “others” to exist, particularly like Troy A4s and other guns of that configuration are now in question. Page – 4 – of 7
Evan Nappen 13:14
We’re going to need to get actual analysis and some type of official legal opinion as to what happens in New Jersey as far as how the State Police want to regard it on those that possess these type of “others” that use pistol braces because the police state police opinion on allowing the Troy A4 and “others” relied upon the federal definition utilizing pistol brace, which they can no longer rely upon. Because now the braces make for firearms falling into other categories. The categories include the possibility of short barrel rifles, short barrel shotguns, etc. So, it’s quite a mess, and it gets even worse for New Jerseyans. They’re barred from short barrel rifle possession but also if this firearm is suddenly deemed to be a rifle that is short barrel, the short barrel part put that aside, it’s now a rifle.
Evan Nappen 14:22
Well, if it’s a rifle that uses a detachable magazine, now the question is, is it an assault firearm? Since many of them have features that would be more than one so-called offending feature, such as having a pistol grip, and a threaded barrel, threaded muzzle that is, a pistol grip with a flash hider, a pistol grip with a folding or telescoping stock on these guns. Well, if you have a pistol grip and any one of these other things, or a bayonet lug, or a grenade launcher, which I doubt you’d probably have on there unless you go out grenade launching on weekends. But the problem, as you can see, is that you can then end up possessing under New Jersey law an assault firearm as well as “other” prohibited gun under either an SBR and SBS category. It gets very messy, very messy, and very dangerous for New Jersey citizens under these efforts by Biden. So, be warned and beware.
Evan Nappen 15:31
You’re going to need to take action within 120 days under federal law. As far as registering it, that doesn’t look to be a viable option for New Jerseyans. So, the most likely option is going to be removal of the brace, and you’re going to have to do it in conformance with what satisfies the criteria under this rule, and how that’s going to be viewed. I’ll have more information on that in upcoming shows, but you’ve been warned. So, watch out. You can thank Biden for this, and you can see his direct destructive results and the Democrats as to what they’ve done to our rights. This is why you need to belong to the Association of New Jersey Rifle & Pistol Clubs. We are proud to have them as a sponsor of the show. They are the lobby group, the political arm, the state affiliate of the NRA in New Jersey, and you need to be a member because they fight these issues. They’re fighting for us as we speak. When we come back, I’ll tell you more about them. I have an important story about just the case that I feel illustrates the absurdity on so many levels of gun control, and I think you’ll be as fascinated as I was by this particular case.
Speaker 3 16:09
For over 30 years, Attorney Evan Nappen has seen what rotten laws do to good people. That’s why he’s dedicated his life to fighting for the rights of America’s gun owners. A fearsome courtroom litigator fighting for rights, justice, and freedom. An unrelenting gun rights spokesman tearing away at anti-gun propaganda to expose the truth. Author of six best-selling books on gun rights including Nappen on Gun Law, a bright orange gun law Bible that sits atop the desk and virtually every lawyer, police chief, firearms dealer, and savvy gun owner. That’s what made Evan Nappen America’s Gun Lawyer. Gun laws are designed to make you a criminal. Don’t become the innocent victim of a vicious anti-gun legal system. This is the guy you want on your side. Keep his name and number in your wallet and hope you Page – 5 – of 7
never have to use it. But if you live, work, or travel with a firearm, that deck is already stacked against you. You can find him on the web at EvanNappen.com or follow the link on the Gun Lawyer resource page. Evan Nappen – America’s Gun Lawyer.
Speaker 3 18:26
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts.
Evan Nappen 18:42
Welcome back to Gun Lawyer. So, I was telling you about the great organization of the Association of New Jersey Rifle & Pistol Clubs. Every gun owner in New Jersey needs to belong to the Association of New Jersey Rifle & Pistol Clubs. You can easily find them on the web at anjrpc.org . Make sure you join and be a member. They also have a range membership, too. They have a beautiful range called Cherry Ridge Range, and it’s literally shooting into the side of a mountain. It’s very gorgeous and beautiful, but you don’t have to belong as a range member. You can just belong as a regular member and not a range member. But no matter what, you need to belong. They are the key group, the key group fighting for our rights. A full time paid lobbyist in Trenton, and they are heavily involved in litigation going on fighting for gun rights and utilizing the newly found strength of the Second Amendment. Thanks to Justice Thomas and the Bruen decision.
Evan Nappen 20:04
So, recently the Justice Department has done something that’s just amazing and fascinating to see. This is a case in which I think it is just chock full of the greatest examples of the failure of gun control. The failure of what the anti-gunners are looking to do, and it speaks to it on different levels through this whole episode of what was a terrible atrocity. I don’t call these things tragedies. I call them atrocities because that’s what they are. That’s what these individuals are committing. They’re committing atrocities. The one that I’m talking about here, this is known as the Sutherland Springs attack. Sutherland Springs in Texas. As you may recall, in 2017, there was an attack in Sutherland Springs on the church there, and in this attack on the church, by this individual, who went on this atrocity, this rampage. He killed I believe 22 persons and injured 26 persons. It was a terrible tragedy that is not a tragedy at all, but is an atrocity. Yet you’ll constantly hear it called a tragedy.
Evan Nappen 21:50
It’s an atrocity because it’s the individual, when you start talking about tragedy, then it somehow makes it sound like it’s something that we’re to blame for, and we’re not. It’s this guy that’s to blame. But you see in this case, the lawyers for the survivors of the victims, and their families, they’re suing, and they sued. They sued the Government and here’s the interesting thing. What ended Sutherland Springs, what ended that attack, first of all, and you may have heard about it, was a law-abiding citizen with an AR-15. That’s right. The hero of Sutherland Springs is Stephen Willeford. You may have heard about him. He was the guy that went and grabbed his AR, and went there and helped out and stopped this atrocity from becoming even worse. Here, a citizen with an AR-15 is a critical component to stopping this what the antis like to call gun violence. All right.
Evan Nappen 23:09 Page – 6 – of 7
First of all, Sutherland Springs stands for the proposition of an armed citizen with an AR-15 making a difference. Now, the auntis hate that, of course. They hate that, because that goes against their narrative. It goes against their agenda. So, what makes this case so interesting is not only do we have a law-abiding citizen saving the day with an AR-15, which just drives the auntis nuts, but also from this atrocity, there was a lawsuit. The lawsuit ended up in which Biden’s DOJ. This is Biden’s DOJ who has to defend what happened here because this individual who caused all this mayhem was somebody who never should have been allowed to purchase a gun under current federal law. But the Air Force failed, and this isn’t even something that’s questioned. The Air Force failed to put into the database for NICS that he had a domestic violence prohibitor, that he was dishonorably discharged, which would have been a prohibited, and then he had an involuntary mental health commitment that would have been a prohibitor.
Evan Nappen 24:39
So, here’s a guy with three disqualifiers under federal law. Any one of which would deny him the ability to purchase a gun. The Air Force did not put this information into the database, and he was able to purchase firearms that he apparently ended up using in his deadly spree. Now the Government ends up getting slammed in a lawsuit for $230 million. They’re held responsible in the civil suit for the failure of the Air Force to put this information into the NICS database. So, it actually put the Government in the position where they had to argue that they’re not responsible, because the NICS database won’t stop somebody who’s bent on committing crimes. Yeah. Our Government actually said this. Listen to this. Listen to this. The Government argued that the perpetrator was aware of many avenues for obtaining firearms without going through a background check, and he was determined to commit his premeditated crime. The Government insisted that the system’s failure to stop it, it can’t be considered the legal cause of the harm, because he would have found another way to get a gun. That’s Biden’s DOJ arguing that, folks.
Evan Nappen 26:23
Think about this now. They’re arguing that NICS doesn’t work. It doesn’t work. It doesn’t stop criminals, and mad men from getting guns, even if the Air Force had put the information into the system. Well, well, they had to admit it. They’re actually using it in the case where they’ve been found liable because their own BS about stopping individuals, that NCS is somehow effective, has bitten them in the ass for $230 million. Okay? And they don’t like that now, when reality bites you in the ass. That guess what? You’re now responsible for this stupid system that doesn’t work anyway. You’re responsible for this. And they’re holding the Government responsible through the Air Force not putting the names in, even though the Government itself argues that even if they had put it in, it wouldn’t have stopped him.
Evan Nappen 27:33
So, let’s just take a step back from this whole thing now. Why the hell do we even have NICS? It is a complete recognized failure by our Government. It doesn’t work. Our Government admits it won’t stop criminals. So, who’s it stopping, folks? You and me. It’s just law-abiding citizens put through yet another hoop, another bunch of “disqualifiers” that don’t stop anybody anyway. Yet, it’s an intrusion on our rights. It is there to make the public feel good when the Government itself admits it doesn’t work. There’s still plenty of avenues that bad guys can still get their guns. So, every time you see NICS (National Instant Check System) being pushed, every time you see oh, we need to add this disqualifier Page – 7 – of 7
and that disqualifier, and we have to go through these background checks. What did we learn? What do we know? That it doesn’t work. Why are we using a system that is admittedly a failure and admittedly, not doing what it set out to do to the degree that our own Government uses it as a defense? Because our Government is held liable when their own pack of lies, bites them in the ass over what NICS should be doing, but never does. And in fact, can’t do. That’s the stupidity of this in a lawsuit brought because of an atrocity that only ended because of a law-abiding citizen with an AR-15. The other thing that the antis want to stop. So, this Sutherland Springs case is the prime example of the folly and the failure of gun laws. There’s just no question about it.
Evan Nappen 30:00
This is why I’m here and that you’re listening to Gun Lawyer so that you can see the truth. We have to keep fighting for the truth. The truth is on our side. Please make sure you support the Association of New Jersey Rifle & Pistol clubs at anjrpc.org. This is Evan Nappen reminding you that gun laws do not protect honest citizens from criminals. It protects criminals from honest citizens.
Speaker 3 30:41
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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About The Host
Evan Nappen, Esq.
Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.
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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