Episode 129-Courts Fed-up with Carry Permits

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Gun Lawyer Episode 129


gun, courts, permits, smart, new jersey, carry, gun rights, handguns, judges, lawyer, carry permit, fighting, ranges, law, evan, decision, dealers, license, shoot, longer


Evan Nappen, Speaker 3

Evan Nappen 00:19

My name is Evan Nappen, and welcome to Gun Lawyer. Our sponsors of the show are the Association of New Jersey Rifle & Pistol Clubs and WeShoot, which is a great target range down in Lakewood, New Jersey. I have some interesting news to tell you. Something that I’ve seen throughout my career and always said, man, what is the biggest problem when it came to carry licensing? The biggest problem was “justifiable need”, and it was created by none other than the Courts. That’s been decades and decades of repression against our rights by this court-created test that basically no one could meet. Because it was engineered to do just that. By taking the words “justifiable need” and twisting them and torturing them into meaning so-called urgent necessity. Really? Where did that come from? And then making urgent necessity into this onerous two-part test of having to show that you need to use deadly force before you need to use deadly force and that the only answer to your problems is carrying a handgun for deadly force. So, basically, if you have just been shot and killed, you qualify for carry license in Jersey. It was just disgusting.

Evan Nappen 01:56

Along comes the wonderful Bruen decision that eliminated justifiable need, that eliminated this game created by the courts. This Gambit. This bar. This block preventing us from having guns for so long. And you know, the courts never should have been involved in licensing. They never should have been involved. Because the courts are the judicial branch. Licensing is an executive function. Of course, those of us that still had civics, remember there are three branches of government. Your judicial, executive, and legislative. The court should never have been a licensing authority at all. But decades and decades ago, they said, hey, we’re going to do this, because we’ll accept doing this. We want to do this. And do you know why? Because they wanted to screw us. That’s why. They saw it as the opportunity to stop the spread of guns. We’ve got to keep guns off the street. You know, this is the mentality.

Evan Nappen 03:08

Now with Bruen and the elimination of that block, and courts now had real work to do. Actually, issuing licenses that they have to now issue. And they don’t like that you see. They didn’t like that. So, they lobbied hard to the legislature with the Carry Killer, anti-Civil Rights bill, which originally was going to take judges out of the picture six months after its passage. Oh, no, no, no, no, no. They wanted it right away. As soon as it passed, they wanted to be done with carry licensing, you see. That was put in so Page – 2 – of 7

that New Jersey no longer has judges issuing carry licenses. And you know, given what a giant pile of crap the Carry Killer, anti-Civil Rights bill was, the one gold coin hiding, in it was getting rid of judges from being the issuing authority.

Evan Nappen 04:04

But now we have a new directive from the courts. This directive really is just disgusting, and just so reprehensible to what we’re supposed to be about. Yet in the big picture, it’s kind of funny. Because what it says, in so many words, is that the court is fed up with issuing carry licenses. They are fed up with it. They don’t want anything to do with it anymore. Let me read you this directive here that just came out. It was dated April 3, and here’s what it says. It’s to all the Assignment Judges and the Trial Court Administrators from the New Jersey Courts. And it says, “Gun Permit Procedures – Requests to Amend Carry Permits”. https://www.njcourts.gov/sites/default/files/notices/2023/04/n230410a.pdf

Evan Nappen 04:57

You see, the judges after the Bruen case, now they had to issue licenses. So, they still tried to screw around the best they could with stopping us from having carry permits that could be useful. Not all the judges. Some are pretty good and did the right thing. But others added provisions and restrictions and all kinds of stuff. They conflated the RPO requirements with gun permits and put guns listed as specific guns you were restricted to carry. You had the (Judge Joseph W.) Oxley special there where he was putting that you had to conform to N.J.S. 2C:39-6.g provisions, which only apply to exemptions. Exemptions that require you to have your gun cased and unloaded. And that’s precisely what a carry permit stops. This is precisely what a carry permit says you don’t have to do. Yet, he’s trying to impose an exemption requirement where it doesn’t belong at all. Some individuals got that. Then you have the (Judge Rochelle) Gizinski permits where you have the corridor with 12 or so places barring you, even from carrying in your vehicle. We’ve seen all these kinds of things done by the judges. All the shenanigans out there.

Evan Nappen 06:11

People just want a clean carry permit and that’s what Chiefs need to issue. And that’s what they do issue. So, what happened, all the folks that were out there that had licenses already issued, and they had all these little add ons that needed to go. They obviously went to the court, started going to the courts big time, to get these things changed and eliminated and removed. And what’s the Courts response to that? Oh, let me read it to you. On December 22, (2022), Governor Murphy signed A-4769 into law, amending a number of New Jersey firearms statutes in response to the United States decision in the Bruen case. The legislation, in part, removed the courts from the initial decision-making process for applications for permits to carry handguns. Yeah, it does. You go to your chief, and your chief is now the issuing authority. The only time that the court would get involved was if you were denied, and you had to appeal.

Evan Nappen 07:06

It goes on and says, (Directive #14-22) was promulgated in conjunction with enactment of the new law to establish uniformity in the court’s handling of appeals from a law enforcement denial of firearm purchaser ID cards, . . . And then it says. “Effective immediately, courts will no longer issue amended carry permits or orders to issue amended carry permits other than to correct issuance errors (e.g., Page – 3 – of 7

typographical errors, misprints).” Get a load of that. You no longer have recourse to the courts. Your due process rights on a document issued by a judge no less. You no longer can go to the court to get it fixed, to get it amended, to get it to conform to what the law and the Constitution so require. The courts have stopped it dead in its tracks here with this directive. You no longer can seek redress in the courts. Your right to recourse in the courts, a fundamental right of an American citizen, is now denied when it comes to carry permits.

Evan Nappen 08:28

It says. As of December 22, 2022, law enforcement alone receives, investigates and makes decisions on all new requests regarding permit to carry applications. To that end, applicants requesting to add one or more handguns to a permit to carry, those already issued by the courts, which by the way shouldn’t have been done in the first place, should be directed instead to apply for a new permit through their local police agency. Oh, nice. Applicants requesting to remove any restriction from a permit previously issued by the courts may choose to appeal to a higher court. Oh, that’s a joke. Appeal to a higher court. That means appeal to the Appellate Division. Well, folks, you had 45 days from the issuance of your permit to bring that appeal to the Appellate Division. By the way, if you bring it to the Appellate Division, you will see it in about a year to get your decision. By then your permit is probably going to be close to expiring anyway. So, that is it.

Evan Nappen 09:20

The New Jersey Courts killed our ability to get these improperly restricted permits, that fly in the face of the Bruen decision and what the New Jersey State law said it should be, from in any way being able to get fixed. So, that is shame. For anyone that has these permits, what you need to do, and the best advice is to just apply to your chief to get an unrestricted permit. Dump the carry that you have from the judges that have any of these problems and get your chief-issued carry. Now if you don’t want to do that, you can sit it out until your renewal comes due because they’re only good for two years, and then you’re going to get a chief-issued license anyway. But it just shows you, as disgusting as it is, that we are foreclosed from seeking redress in the courts. When you know that is incredibly offensive, of course, to anybody who believes in justice and the system, that is the way it’s supposed to operate.

Evan Nappen 10:30

But if you step back for a minute, it is also kind of funny. It’s funny because it stands for the very proposition that they are fed up with. They’re at a point where they want nothing to do with carry permits, at least to the minimum possible. And that, you know, they only have themselves to blame. They are the original folks that specifically chose, decades ago, when this was even challenged, and said, hey, why are the courts doing this? Well, even though, we’re still going to do it. And why did they do it? So, they could create the system to bar us from having a right to carry. So that we would remain victims instead of defenders. And now, the chickens have come home to roost. Their ploys have been removed as unconstitutional, which it was. These courts were unconstitutional in their actions and violating our fundamental rights. Now when it comes to doing the right thing, oh, no, no, no, sorry. You’re foreclosed from going to the courts. Can’t do that. We’re not going to do that.

Evan Nappen 11:40 Page – 4 – of 7

Tell me what other issues do the courts stop you from seeking redress? When it’s actually something even done by the court, and you can’t go back? Other than for typographical errors, of course. Well, the good news is, they’re out of it. They’re no longer the issuing authorities. They never should have been. It just shows you how many licensees are out there that must have been trying to get these things fixed, and they just couldn’t take it. Because you have so many other important things to do, you know, other than worry about our Second Amendment rights here anymore.

Evan Nappen 12:23

So, that’s New Jersey’s latest and greatest as the battle continues for our Second Amendment rights to bloom. We’re fighting and litigating in the courts, as many of you know. We’re trying to overturn the horrible provisions that are in that Carry killer, anti-Civil Rights bill. We’re making success and we’re waiting patiently now. Not only did we get those temporary restraining orders on a number of those provisions from the great Judge Bump in federal court, but we’re waiting for that preliminary injunction decision. Hopefully, we’ll see even more of these unconstitutional provisions fall. These are interesting times, as they say, to live in and to observe and to see exactly how the government, how the judiciary treats us. So, take it to heart and look at it carefully and see. This is where we live. This is what our tax dollars go to. This is the reality of trying to be a law- abiding gun owner in New Jersey. When we come back, we’re going to talk about something that is arising from the dead. Wait till you hear about this. We got to be aware of it and have to start with our zombie fighting attitude coming on. See you in a few.

Speaker 3 13:56

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 fiercesome 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 15:10

You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast.

Evan Nappen 15:26

Hey, welcome back, everyone. It’s Evan Nappen, and you are listening to Gun Lawyer. I appreciate that you listen to Gun Lawyer. It is making a difference. I get so much great feedback from folks, and I really love hearing from you. I wish I could read every letter all the time, but we only have a limited amount of time. But I’m really happy getting the word out. I’m really thrilled about it. I truly am. So, thanks for listening, and particularly thanks for supporting our sponsors that help make the show possible. Our sponsors are of course the Association of New Jersey Rifle & Pistol Clubs. They are the number one Page – 5 – of 7

rights organization in New Jersey. They’re fighting for our gun rights as we speak. Every one of you needs to be a member of the Association of New Jersey Rifle & Pistol Clubs. That is our state NRA affiliate, and it is your state gun rights group. It’s the largest and most effective, and they are critical. Now this isn’t saying don’t belong to any other group because any other group fighting for rights or gun rights, they’re all good too. But as a minimum, you must belong to your State Association. By doing so, you’re now not only going to help in the fight, you’re going to help yourself. You’re going to get those fantastic newsletters. The best in the state put out by the Association. You’re going to get those email alerts that warn you right away about things coming up in the legislature and giving you immediate updates to the litigation process as they fight in the federal courts challenging the Carry Killer anti-Civil Rights bill, challenging the assault firearm law, challenging large capacity magazine, fighting to get rid of vague and unconstitutional disqualifiers trying to disenfranchise us from our gun rights. These are all the things going on that the Association is fighting for. Go to anjrpc.org . Please make sure you’re a member. It is very important.

Evan Nappen 17:23

I would also like to thank our other sponsor who we love, which is WeShoot. WeShoot is a great shooting range in Lakewood, New Jersey. It’s really important that we use our ranges because it’s hard, especially in a crowded state like Jersey, to have places to shoot. Without places to shoot, how can we practice? How can we enjoy our firearms? How can we do it? We need these ranges. You need to support our ranges, and WeShoot is located perfectly right there in an area that is just wonderful. If you are living in Monmouth County, or if you live in Ocean County, if you live in Deal, Freehold anywhere in this area, you can go to WeShoot. They have a top-of-the-line range. They have shooting. They have training. They have gun rentals. They have classes. They have practice. It’s just a great place to go. I mean it. Really. Go there and you will see how great WeShoot is. By going to WeShoot, they can also get you the training certification that you need to get your carry license in Jersey. They have certified hundreds and hundreds of folks to get their carry license. They’ve never had anybody rejected for their credentials and training. They are absolutely first rate. You know that when you go there you will meet the requirement for getting your carry license and that’s a critical requirement to get that training requirement. So, absolutely check out WeShoot for your certifications, for training, for fun, and to support our ranges. It’s critical to protecting our gun rights. You can go to WeShoot. Their website is www.weshootusa.com. WeShootusa.com. Pay them a visit, and you’ll be glad that you did.

Evan Nappen 19:33

So, what is this zombie thing that was dead and is coming alive again? What it is my friends is smart guns. That’s right. Smart guns are rearing their ugly head again. Smart guns are an anti-gun ploy to take our guns. Let me tell you. Smart guns with their engineering and this technology to be face recognition, fingerprint reading, new models are now emerging. Smart guns are a Trojan horse of the anti-gunners. And just remember, beware of geeks bearing gifts. Because that is what’s going on here. They’re putting this technology into guns under a premise that sounds so reasonable and so well. Listen, it’s safe. One person can use a smart gun only, and therefore, it’s safe. If children get it or unauthorized users can’t use it. Only the authorized user. This is how they’re selling it.

Evan Nappen 20:46 Page – 6 – of 7

But, folks, you have got to remember that the original, strongest, state Smart Gun law was in New Jersey, and this history should not be forgotten. It was in New Jersey. It was passed in 2002 – twenty-one (21) years ago – when rabid anti-gunner, Senator Loretta Weinberg was the main sponsor. She pushed this Smart Gun bill to mandate that Smart Guns are the only gun that an individual would be able to have in New Jersey, once the technology came to fruition. She thought if she made it the only gun, manufacturers would rush to make the one gun, and they could have the monopoly on Jersey gun sales. The exact opposite happened. Because they knew if they were the ones doing it, they’d be shunned, and they’d be hated. There is no market for it. They couldn’t get a gun made. It was actually the greatest most pro-gun anti-gun law ever passed. Because it showed their hand that smart guns were a smart gun wolf in sheep’s clothing.

Evan Nappen 22:01

To ban all other handguns and make it so that the so-called Smart Gun with its electronics can be controlled, can be controlled. That’s right. You know what happens with those electronics. They get hacked. Things like that fail when you need it most. They’re unreliable. This whole idea is to get a Smart Gun to market so they can, under the guise of a safety mandate, be the only gun you can have. I want the dumbest gun I can have. I want that gun so dumb that all it can do is listen to me. That’s it. And I want it to do this really weird thing. Ready? I want it to fire when it pulls the trigger. That’s what I want it to do. It’s called reliability, man, and your life’s depending on it. This Smart Gun is instead restrictions.

Evan Nappen 23:00

Now look, I know there may be certain specific instances where some individuals might say, look, the only gun that I’d be allowed to have in my house is a smart gun or whatever it is. Okay, I hear you. But let me just make it clear. This is a bad path. It’s what they call Malpaso here for us. This is bad. Because this is their intention, and I’m not just speculating. We saw it in 2002. And what happened? Well, in 2014, the reddest Smart Gun bill had to get repealed. Okay, so they started working on that. They had to get rid of it, and in fact, they did. They got rid of it. By 2019, Governor Murphy signed the new smart gun law. They are no longer mandated that it is the only gun that would be able to be sold. Instead, what the new Smart Gun law in Jersey does is it requires dealers to have a gun that is a Smart Gun for sale. It requires every dealer to have at least one Smart Gun for sale, once the technology is approved. And then New Jersey is offering a rebate. They’re offering a rebate, as a matter of fact, if you buy the gun. They’re going to do all kinds of things to encourage it, and you’ll see this is all in the plan.

Evan Nappen 24:34

By mandating that it be for sale, by mandating it, particularly combining it with the micro stamping rule, which is the same idea to mandate this for sale. Okay, not that you have to have it, but that dealers have to have it for sale. Listen to what a dealer has to do when personalized handgun, what they’re calling a personalized handgun, which is a Smart Gun. When this technology, and there’s things emerging right now. Biofire is one of them, that uses facial recognition and biometrics, etc. They’re pushing all these. They are going to be out in the market very shortly. When that is identified by the Attorney General, then dealers are going to have to make available for purchase at least one personalized handgun approved by the Commission on the roster is going to have to be there in the case for selling. Forcing dealers to sell it. They’re going to have to post it in one or more locations in the Page – 7 – of 7

dealer’s places of business, or in a conspicuous manner that makes them easily visible and accessible to customers. They have to have copies of the personalized handgun roster. They have to have a sign.

Evan Nappen 25:46

They have to have a sign with a clear and conspicuous statement, disclosing the features of personalized handguns that are not offered by traditional handguns and advising customers such firearms may be purchased through the licensed dealer. Now you see that. I like this right here. Disclosing the features not offered. How about unreliability? There’s a feature that should be on the sign. How about the fact that if you get wounded, your spouse or significant other cannot save your life with your gun? There’s another feature that should be posted. We’ll come up with a great list of features that dealers should absolutely display when they’re forced to show these Smart Guns. How about the feature of banning all other handguns once this is accepted and out there? We can show that feature by the 2002 Smart Gun law. There’s just so many features here. Mandating the dealers to do this. They must accept and process orders to enable customers to purchase personalized handguns.

Evan Nappen 26:47

Yeah, this is all part of the plan. Okay. This is part of the plan. You have got to recognize it. We have got to oppose it. And I’ll tell you what, if dealers are forced to have it? I wouldn’t buy one. I wouldn’t buy one. No way. No How. If you have safety concerns, there are many ways to properly address your safety concerns without encouraging or resorting to a Smart Gun, whose entire plan is to eliminate all other guns. Don’t ask me? Just read the 2002 New Jersey Smart Gun law to see their plan. They put it out. They put it out, and it was a failure. It absolutely ruined their game. They’re trying to fix it. Murphy’s trying to fix it, so the technology comes here, and that long game is what they’re playing. Don’t fall for it, folks. Reject it out of hand. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 28:06

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.

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