Gun Lawyer Episode 125
firearm, gun, executive order, dealers, guns, gun rights, universal background check, new jersey, law, anti, plan, universal background checks, registration, background checks, called, act, abuse, legislation, litigation, lawyer
Evan Nappen, Speaker 3
Evan Nappen 00:00
Hi, I’m Evan Nappen, and welcome to Gun Lawyer, our show. We’re proud of our sponsor. Our sponsor is the Association of New Jersey Rifle & Pistol Clubs, which is the state NRA affiliate for New Jersey. The folks on the frontlines here in battleground New Jersey with a full-time paid lobbyist and at the forefront of all the litigation. You need to be a member of ANJRPC.org. Today, I want to talk about the latest anti-gun puppet show. That’s right. This puppet show stars, his fraudulency, the senile sock puppet, who is known as the current occupier of the White House, also known as our national embarrassment, or just plain old Brandon. Now, what the senile sock puppet has done, of course, he has done through his puppet masters, who are Bloomberg and Giffords and the entire anti-gun Kabal whose routines and patter he obeys diligently. What he has done is put out an Executive Order, a new Executive Order.
Evan Nappen 01:45
Now an Executive Order is done by the President. It’s done when you can’t get legislation through, because your agenda is so disfavored by our Republic, and he can’t get it through legislatively. So, you attempt to do it by executive fiat. And that’s exactly what Biden’s done and unabashedly. He admits that this is exactly what he’s doing. I want to read to you what he’s done and explain the significance of the Executive Order and what’s really behind it and to understand it is important because it actually is very revealing of the big picture, if you know what to look for, that the haters of you and me, haters of gun owners, the hate group known as the anti-gun crowd that hate us, hate our rights and just want to destroy anything related to firearms and disarm us and leave us vulnerable. This is their agenda. We’ve seen it. In order to get that agenda in place, they have their sock puppet there doing their bidding. And what was announced, really spells it out.
Evan Nappen 03:13
Let’s take a look at this. First of all, the occupier is crowing about the “Bipartisan Safer Communities Act”. You may recall that was the anti-gun law passed by Democrats with some traitorous Republicans joining into the so-called Bipartisan Safer Communities Act, which does nothing for safety of communities at all. It’s just another step of anti-gun tactics, you know, the salami tactic, piece by piece, and we can’t give them an inch. Yet here we see Republicans falling for it, some of them, and this Page – 2 – of 8
passing and now we’re going to reap effect of the Bipartisan Communities Act. Biden is going to take advantage of that right now.
Evan Nappen 04:19
So, as it says right in the news release from the White House. “When celebrating the Act’s passage,” now think about this. He’s celebrating the Act’s passage. What does that tell you about the Act right away if this guy is celebrating its passage? He is again calling on Congress to act. Why? Because it’s never enough. There’s no compromise here. It’s just take, take, take. That’s all they do. They don’t give anything. They just take rights, take rights, take rights. And of course, he’s calling to take more rights. Even though the bipartisan community safety’s law has passed So what? Take, take, take. So, what’s he calling for now? Well, he’s calling for a ban on assault weapons and high-capacity magazines. You know, assault weapons, which are really modern sporting arms, modern sporting rifles, high-capacity magazines that we know are just standard capacity magazines, requiring background checks for all gun sales, often called UBC, Universal Background Checks. We’re going to talk more about that in a moment. Requiring safe storage of firearms. We’re going to talk about that, too. Closing the dating violence restraining order loophole and repealing gun manufacturer immunity from liability.
Evan Nappen 05:53
That’s right. These are all the agenda items that he wants Congress to act and to do this, but he can’t get that through, because they’re all outrageous and destructive of the Second Amendment. So, what he’s done is as much as he can do, by way of Executive Order. This is not voted on by Congress. Not voted on by the folks we elected to represent us. Not approved as law. No, it’s done by just a president who wants to push his failed agenda that he can’t get through Congress. And this is what he’s doing now.
Evan Nappen 06:34
The executive order directs number one, the President’s Cabinet to increase the number of background checks by ensuring that all background checks required by law are conducted before firearm purchases, moving the U.S. as close to universal background checks as possible without additional legislation. You see, he’s doing the very thing there. He can’t get Universal Background Check passed. So, he’s going to do it by way of executive fiat. Some of you may say, well, you know, I’m in favor of background checks. I don’t think someone disqualified should get a gun, or you think you’re being reasonable by having that position. But that only shows me that you don’t understand what Universal Background Check is really about.
Evan Nappen 07:29
What it’s really about is complete gun registration. Because if you have Universal Background Check that means every gun transfer goes through a dealer. And if every gun transfer goes through a dealer, then every gun transfer is registered through the dealer, recorded through the acquisition and disposition books. You may have heard, and if not, I’ll tell you now, that those acquisition and disposition books that have come into the hands of the Government, after businesses have closed, or after FFLs lose their license. However, they come in, all of those records, almost 1 billion gun transfer records, folks, have been illegally databased by the Government. That’s right. They have databased those records. They are building the list. And by having Universal Background Checks, you can have a Page – 3 – of 8
real time, current list of everybody who has purchased a gun. So, Universal Background Check is really code for Universal Gun Registration.
Evan Nappen 08:55
Suddenly, they say, well, what’s wrong with registering your guns, because, hey, we register our cars. We register, you know, to get married. We register. Because when it comes to guns, there’s a little pattern that has repeated itself through history, and you can see it when it comes to registration of guns. It starts with Legislation. Then from Legislation comes Registration. And then from Registration comes Confiscation. And I see that firsthand, where there’s registration schemes, and then the guns are confiscated. Then after Confiscation comes the fourth word, and that’s Extermination. If you look at the great Holocausts through history, not just the Holocaust in Germany, but other Holocausts, what preceded them was confiscation of arms of the people that were slaughtered. So, registration is the tool that gets to disarmament and Universal Background Check is simply code word for accomplishing that.
Evan Nappen 10:10
Yet here, they’re looking to do it without additional legislation. Well, how can you do that without additional legislation? Oh, well, he explains that. He’s going to make sure that firearm sellers, this is quoting “that firearm sellers who do not realize that they’re required to run background checks under existing law, or who are willfully violating existing law, become compliant with background check requirements.” Now, think about this. Firearm sellers who do not realize they’re required to run background checks. Well, he didn’t say firearm “dealers”, he said firearm “sellers”. That means various individuals who the Government wants to claim are acting as unlicensed dealers. It’s those people, individuals, who may be hobbyist and collectors that sell some guns here and there or do private transfers.
Evan Nappen 11:17
Ah, they don’t realize that they’re actually, in the opinion of the current occupier of the White House and his incredibly biased Justice Department and given the new definition that was modified in that bipartisan act as to what a firearm dealer is. Well, now you see we have these unlicensed gun dealers. They really aren’t unlicensed dealers, but they’re going to be made out to be. Then what’s the excuse to go after them? Well, if they’re licensed dealers, then they have to do background checks. So, that’s how we’re going to get more of these background checks. You see, that’s the plan. You may say, well, okay, that’ll force more people to become federal firearm dealers. Well, it may, except the other part of his plan that we’re going to get to, is how they want to shut down dealers. So, if you create a system of Universal Background Checks, then every dealer you close down, you can put their guns in a data base. As you shut down dealer after dealer and the only way you can acquire a gun is through a dealer, but there aren’t any more dealers left to sell you a gun. Well, that’s how you shut down guns in America. See, that’s what the plan is. And every piece here fits what I’m telling you, every piece.
Evan Nappen 12:40
Let’s keep looking at this. How are they going to do this? Well, they’re going to, he’s encouraging the Attorney General to move the U.S. as close to Universal Background Checks as possible without additional legislation by clarifying, as appropriate, the statutory definition of who is “engaged in the business” of dealing in firearms, as updated by the Bipartisan Safer Communities Act. So, there you go. Page – 4 – of 8
They’re now going to abuse the new definition, that those Republican suckers and traitors joined in passing, to give the power to the administrative agency, by this Executive Order, encouraging them to clarify, as appropriate, the definition of who’s engaged in business. Well, you can sure see where that’s going. It’s going to be pretty damn broad. And that’s what is going to be used to go after law-abiding citizens on their private transfers under this Universal Background Check lie that is sold to the people.
Evan Nappen 14:03
And it doesn’t end there. Because the Executive Order also says that they’re going to put a plan in to prevent former federally licensed firearm dealers whose licenses have been revoked or surrendered, or surrendered, from continuing to engage in a business of dealing in firearms. So, if you ever had a license that was revoked or you gave up that license, then you’re not going to be allowed to continue to engage in the business. This shuts down folks from engaging in the business even if they want to surrender a license and start a new business somewhere. It doesn’t matter. You see the idea now is continue to put the squeeze on FFLs, continue to broaden the definition of who’s covered by the net of having to be an FFL. And then work into that this Universal Background Check push that eventually they want to have as legislation as well, to end private sales, so that you combine both registration and confiscation and the inability to even purchase new firearms.
Evan Nappen 15:29
This is the groundwork, and this didn’t just come about because one day Biden just wakes up and says, hey, I got this idea. No, this is anti-gun think tank here, folks. This is the scheme implemented, being started, and pushed by the anti-gun think tank that has looked at the big picture and the small picture. This is their plan, and this is their push. You’ve got to recognize this. You’ve got to see it for what it is. When we come back, we’re going to get more in depth on this plan and the other mechanical elements of it to take away our rights.
Speaker 3 16:16
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 of 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 never have to use it. But if you live, work, or travel with a firearm, the 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 17:28
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast.
Evan Nappen 17:45 Page – 5 – of 8
Hey, welcome back to Gun Lawyer. I’m Evan Nappen, and I just want to mention to all of you to make sure your membership is current with the Association of New Jersey Rifle & Pistol Clubs. They are the key fighting force for our Second Amendment rights in New Jersey. I’m proud that they are our sponsor. They are incredibly effective, and they have a full-time paid lobbyist in Trenton. When you belong as a member, you’re going to get the news alerts, email alerts, to be able to take action, be on top of this fight, know what’s going on, and things you can do to help them. It becomes very, very important.
Evan Nappen 18:28
They’re also at the forefront with litigation. Their cases are in front of federal court now challenging the Carry Killer anti-Civil Rights bill by Governor Murphy. Challenging as we speak, the assault firearm ban in New Jersey and large capacity magazine ban. They’re challenging right now the constitutionality and that’s moving forward. They’re fighting and challenging and joining in litigation including my firm’s case right now challenging the so-called public health, safety, and welfare, license denial Gambit that is used to screw gun owners out of their rights in New Jersey. It’s really important, and it’s a fantastic organization. You get one of the finest newsletters on gun rights you can get. Jersey focused and explaining to you the issues that you want to know and understand. Plus, as a range member, they have a gorgeous range, Cherry Ridge, beautiful. You shoot into the side of a mountain. Just a lovely place. So, join your state association as the minimum you can do. Go to www.anjrpc.org. Make sure you belong to the Association to know that you’re doing your part.
Evan Nappen 19:58
Well, looking back still, at this Executive Order and its real implications. To understand the big picture here that’s being forced upon us and what the agenda really is hiding behind this language. They want to also, Biden says, improve awareness and increase appropriate use of extreme risk protection, red flag orders, and safe storage of firearms. Well, Red Flag is basically the no due process gun seizures that take place all the time in New Jersey. No due process. Somebody decides you’re a problem because they say so. You are never in front of a judge up front, and you don’t get to say anything. It’s all done ex parte, without your involvement. Next thing you know, they’re coming in your home, searching through your home, taking your guns, taking your gun rights. Then you get to go to court, finally, to fight it after the damage is done. And it is an abuse that is unbelievable. Yet it’s there, and he wants to continue this abuse. He wants to increase this abuse. He wants to spread this abuse throughout America.
Evan Nappen 21:28
So that on top of Universal Registration, on top of squeezing dealers, and defining other individuals as dealers who never were dealers, is Gun Confiscation. Their vehicle to grabbing the guns now is a red flag, red flag. We see it every day in New Jersey because that’s how it gets abused. And that’s what’s going on. You have to oppose this no due process Red Flag. It is horrific. And, you know, I’ve talked about it on prior shows, just how bad New Jersey is and how New Jersey, according to the occupier in the White House, is the model legislation for the nation. Yes. The no due process Jersey special is the model for America. And what does this increased awareness program consist of? Oh, well, he says right in here. By partnering with law enforcement, health care providers, educators, and other community leaders. So, this way, you get the word out on how everybody can make that call and get other people’s gun seized. Page – 6 – of 8
Evan Nappen 22:45
This is the abuse that we see happen with health care providers in Jersey, the so-called Duty to Warn. We’ve talked about that. You just say something, even a hyperbolic statement, you know, oh, man, that guy got me so mad, I could kill him. Or, you know, man, I was so upset that I could kill myself. Even though you didn’t mean any of it. GAME OVER. Guns confiscated, and you get taken away to for evaluation. Oh, sure. This is the plan. This is reality. This is not speculation. This is case after case after case that my office defends individuals on. It really is happening. And that’s where he’s putting his push.
Evan Nappen 23:28
Also, he puts that we need to address loss or theft of firearms during shipping. Now, who could be against that? Who wants theft of firearms during shipping? I don’t want to see that. Everything they put forward sounds so wonderful and reasonable until you actually know what’s going on. What are they talking about? Oh, well, they said firearms reported as lost or stolen shipments. They’re putting the propaganda out and that’s what he’s directing the Secretary of Transportation, in consultation with the Department of Justice, to work to reduce the loss or theft of firearms during shipment and improve reporting of such. So, how do you reduce it? Well, by putting in extra controls, and tracking and registration and expense of shipping, and you make it incredibly burdensome and expensive and intrusive, to ship the guns. Another weak point to attack in the supply chain of guns. You know this is that Think Tank, going to work.
Evan Nappen 24:45
Don’t miss the next section which is holding the gun industry accountable. “The Executive Order directs the President’s Cabinet to: provide the public and policymakers with more information regarding federally licensed firearm dealers who are violating the law.” Well, who could be in favor of these rogue horrible gun dealers violating the law? Right? Yeah, right. Except what this is actually going to do is, “The President is directing the Attorney General to publicly release, to the fullest extent permissible by law, ATF records from the inspection of firearm dealers cited for violation of federal firearm laws.” Folks, every gun dealer goes through what’s called a Compliance Check at some point or another. In the compliance check, because nobody’s perfect, they find little things here or there, whatever. Then the idea is to have the dealer correct them as you would in any other business when there’s such an audit and then their practices improve.
Evan Nappen 26:04
Well, Biden wants every one of those records of dealer compliance checks, remember, unless the dealer got an absolutely perfect compliance check without any single little thing being a violation, those records go to the public. By the way, how far is that going to go? Is it going to reveal inventories and guns and serial numbers? And what is the real purpose of this? Well, the real purpose of the release of this information is to use it in conjunction with litigation. Litigation. To try to end the firearm industry by using and abusing the tort law system. We’re going to get to that in a minute because that’s part of his Executive Order as well.
Evan Nappen 26:55 Page – 7 – of 8
He also ordered that the Defense Department’s acquisition of firearms, to further firearm and public safety practices. So, the Department of Defense buys a large number of firearms and other weapons to protect and serve our country. The President is directing the Secretary of Defense to develop and implement procedures to further firearm and public safety practices through the acquisition. So, you want a government contract to sell guns? Well, they’re going to put a whole host of requirements that you’re going to have to follow, that aren’t pushed by law, required by law, but instead required by the Department to further attack our gun rights by using the power of the Defense purchase of firearms, to force the companies to screw with our gun rights. That’s the plan behind that.
Evan Nappen 27:50
Then he’s encouraging the independent Federal Trade Commission. Remember, they’re independent, but he’s encouraging them to issue a report on how gun manufacturers market firearms to minors and how such manufacturers market firearms to all civilians, including through the use of military imagery. Why is that? Because that’s their ploy to suing the gun industry. It was used against Remington. It’s their way to get around the Lawful Commerce Protection Act. This is their Gambit. They want to go at it there and get these so-called studies and reports, to bolster what will be litigation to try to litigate the industry out of existence.
Evan Nappen 28:43
Again, this is all their Think Tank stuff from the anti-gun groups that get together and come up with this plan. Then they get their puppet, the senile sock puppet, to put it out there. And that’s what they’re doing. This is what this executive order is laying the groundwork for. When you read it carefully and you understand what is actually going on here, then you see just how evil and just how destructive of our Second Amendment and right to keep and bear arms. The groundwork is being laid here in this plan. This is their blueprint to destroy us even in the wake of the Bruen decision and the court strengthening our Second Amendment rights. This is their end run. This is how they’re looking to do it.
Evan Nappen 29:45
They also are going to push for “additional steps to make our communities safer and support communities impacted by gun violence.” There’s that catch phrase for this. Gun violence versus gun rights. If anything, it should be criminal violence, not just gun violence. Because there’s good gun violence as well as bad gun violence. But when we talk about criminal violence, then it’s only bad violence, and they use this to go after our rights. Yet again, we’ve talked about that in the past.
Evan Nappen 30:26
In addition to all this, there’s a push now, at the end of this Executive Order, which you may find interesting, that says, they want Congress to modernize and make permanent, the Undetectable Firearms Act of 1988, which is currently set to expire in December 2023. Well look at that. The Undetectable Firearms Act is going to expire. No way in hell should that be renewed. That is an attempt, the way they want to see it modernized, to stop modern development of modern sporting firearms that utilize lightweight materials in the making of guns. They want to hold it back and stop the industry because with these new materials, you don’t have to use the same resources, natural resources, steel, etc. You can make these firearms more affordable, make them lighter, make them more durable. And again, this is to shut down the industry and its evolution of firearms by keeping it Page – 8 – of 8
from being able to use modern materials and also using it to stop individuals that want to make a homemade firearm using modern materials as well. Again, this is all part of the plan.
Evan Nappen 32:07
So, when you look at this Executive Order, you can see the blueprint for where the fight for our rights is going to come down. I want to make sure my listeners understood just how serious and what the truth is behind these plans. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 32:37
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.