Episode 136- Largest Gun Ban in USA

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Gun Lawyer Episode 136


cannon, new jersey, gun, law, alerts, requirements, gun rights, firearm, secured, ammunition, privateers, biden, possess, book, promulgate, place, lawyer, gun laws, school, fight


Evan Nappen, Speaker 3

Evan Nappen 00:16

Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, today I want to tell all my dedicated listeners how to get a cannon in New Jersey. I felt that there was a pressing need for this knowledge, and I’m sure that you’ll enjoy learning about this. Now one of the things that inspired me to talk about this cannon information. First of all, of course, it’s fun and who doesn’t like cannons? Also, you may find it surprising that you can actually lawfully have a cannon in New Jersey, since we’re talking about the state that has banned slingshots and made them a felony, but cannons, it’s a different story. You can have a cannon. Now what got me going here is I was looking at some old quotes and other things because the political season is upon us.

Evan Nappen 01:13

I was reminded how his fraudulency, the senile sock puppet, made a statement about cannons in which the Washington Post gave him four Pinocchio’s for his statement saying the Second Amendment bans cannon ownership. The article you can see is in the Washington Post, and I see there’s an article here by Dominick Mastrangelo, and it was back in June of ’21. (https://thehill.com/homenews/media/560513-wapost-gives-biden-four-pinocchios-for-saying-second-amendment-bans-cannon/ ) The quote here says, and this is Biden now speaking. “And I might add: The Second Amendment, from the day it was passed, limited the type of people who could own a gun and what type of weapon you could own. You couldn’t buy a cannon.” That’s what Biden says. By the way, he’s repeated that lie numerous times. So, you know, big shock Biden’s a liar, and when it comes to guns, everything that comes out of his lips is a lie, and he doesn’t care that he’s lying. You could spend an entire show on every Biden gun lie.

Evan Nappen 02:30

But this one, this one in particular, is very interesting. Because not only is he wrong about “limiting” the types of people who could own a gun, which in the time of our revolution was not even a thing, but there was no limit to what you could own. In fact, historically, cannons were owned by privateers. Privateers had a use for their cannons and that’s why they had cannons. The privateers were individuals that were given what’s called the Letter of Marque from the federal government. The Letter of Marque is in our constitution to this day and that’s where essentially the government can authorize individuals to act as what you would believe to be pirates. But in fact, they’re sanctioned by the government for this. So, their piracy is legal, and they were able to then go after the ships of our enemies. And if they captured the ships, they were the “prizes”, and you could make big money, Page – 2 – of 7

capturing prizes and their cargo, etc., as a privateer. But of course, it was extremely dangerous because the other side often fought back, and there you have it. Cannons were owned by privateers who were private individuals and others that wanted to protect their homes, etc. It was not that uncommon, but for the most part, as far as any restrictions, there weren’t any.

Evan Nappen 04:14

The funny thing is you can own a cannon today in New Jersey. As a matter of fact, when Biden says you can’t own a cannon, my response is, oh, really, hold my beer. And I’m not talking about Bud Light. So, let’s take a look here at how you own a cannon in New Jersey. If you’ve ever been tempted to have such a thing, they are a lot of fun. There are reenactments that can take place with your cannon. They’re great noise makers and are a lot of fun. So, first of all, how is a cannon even defined in New Jersey law? Let’s start there. What is a cannon? What’s an antique canon? Well, New Jersey’s definitions are always found in the gun laws under what’s called N.J.S. 2C:39-1. That’s where you find most of the definitions of all the things that New Jersey has decided to regulate. They define antique canon as a “destructive device”. Now a destructive device is any weapon that’s capable of firing a projectile that is greater than 60 caliber, except a shotgun, if the cannon is incapable of being discharged, if it’s an antique cannon, if it’s incapable of being discharged or fired, or for which it does not fire fixed ammunition, regardless of when it was made, or was manufactured prior to 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament, or for its historical significance or value.

Evan Nappen 06:04

If you look carefully at the definition, you see that you can have a cannon that fires as long as it doesn’t fire fixed ammunition, regardless of the date of manufacture. So, what is fixed ammunition? Well, fixed ammunition is a cartridge. Fixed ammunition is the cartridge case, primer, bullet head, and the powder. The full unit makes for what is called fixed ammunition. Ammunition that is not fixed ammunition is essentially what black powder firearm shoot. You pour the powder in, then you put wadding of some sort, and then a ball. Then you would use an ignition device such as a primer or flint, depending on how your blackpowder firearm was functioning. That ammunition is not fixed ammunition. So, basically, every blackpowder cannon is a cannon that is not using fixed ammunition. Unless you happen to have some cannon from a period that actually uses shells of some sort, complete rounds. But with most of the blackpowder cannons, you would load the powder separately, then load in the ball, use a fuse, etc. So, even a modern-made cannon, regardless of date of manufacture, that does not use fixed ammunition, is defined as an antique cannon.

Evan Nappen 07:49

So, in New Jersey, how do you possess an antique cannon? Are you allowed to possess an antique cannon? The answer is yes, under certain circumstances, absolutely. And what the exemptions make clear is that if you have a cannon and it is capable of being fired, but it’s unloaded, and it’s immobile, and it’s possessed by a scholastic institution, a museum or municipality, a county or a state, or a person who holds a valid New Jersey Firearm Purchaser ID Card. That’s right, folks. Your Firearm Purchaser ID Card is not just good for the purchase of rifles. It’s not just good for the purchase of shotguns. It’s not just good for buying ammunition. It is also what you need so that you can have a cannon in New Jersey. So, there, did you know that about your Firearms ID Card? Well, now you do. Page – 3 – of 7

Evan Nappen 08:50

Now, if you unlawfully possess a cannon, it could be serious. It’s a third-degree crime and that’s five years in Prison. So, you don’t want to unlawfully have it. You want to make sure you have that Firearms ID Card. Then there are laws that talk about how to transport your cannon. Transportation, if you’re eligible to possess it, you do it in compliance with the regulations promulgated by the superintendent. You can bring it to a place of repair. I don’t know where the cannon repair shop is near you. But if you find one, you’re able to bring it there. Cannons can also be directly transported from an authorized exhibition or demonstration, provided you transport in compliance with the safety regs. So, if you’re doing a display or exhibition for let’s say a reenactment, as long as you follow those rules, you’re able to do that and bring your cannon and demo it. I know there’s some great civil war reenactors out there who do this, and it’s very exciting to watch the cannons fire. It gives that living history, that great feel, and you get to experience that. Just imagine what it must have been like in battles when those were firing in multitudes. You can legally load it and fire it at exhibitions or demonstrations or at an authorized target range. Now, I don’t know where are the authorized target ranges for cannons, but maybe you know of one. If you can find a cannon range, you’re able to shoot it there.

Evan Nappen 10:30

There is some requirement that you give notice to the chief law enforcement authority when you’re going to do it and there must be a 30 day notice. I guess when they hear those big boomers, they want to know what’s going on. But it is legal to do it. It is legal to sell a cannon in New Jersey, as long as the seller is in conformance with the exemptions found under N.J.S. 2C:39-6.d. These are the exemptions, and they specifically authorized transportation from place of purchase. Interestingly, there is no law in New Jersey that specifically prohibits the sale of destructive devices or for that matter cannons, even though possession of destructive devices is prohibited, but antique cannons and shotguns for that matter are exempted from the definition of destructive devices. So, that is how you can legally have a cannon in New Jersey despite what President Brandon says. You can do that, despite his lies that are often told. You can have a cannon. Cannons are a lot of fun, very collectible, very historic, and very impressive. The Fourth of July is rolling up on us and what could be better than to have a cannon for Fourth of July? When we get back, I’m going to tell you some interesting letters that I received here. Some great questions from listeners, and I think you’ll find them very, very interesting. We’ll see you in a few.

Speaker 3 12:20

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 bestselling 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 never have to use it. But if you live, work, or travel with a firearm, the deck is already stacked against Page – 4 – of 7

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 13:34

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

Evan Nappen 13:49

Hey, welcome back to Gun Lawyer. I’m Evan Nappen, and I really appreciate your taking the time to listen to Gun Lawyer. We’ve been getting the word out, and we’ve been able to expose all these crazy laws in New Jersey. Some of them are just unbelievable in how restrictive they are. They are against us. Then on the other hand, you can see that there’s many counterintuitive things that are actually lawful, such as cannons and other things. New Jersey is a crazy place. The matrix is extremely difficult to understand. That’s why I will shamelessly plug my book, which is New Jersey Gun Law, the 25th anniversary edition. I am extremely proud of it. It is 516 pages, and it has 120 topics, all explained in question and answer. And yep, there’s a chapter on cannons. If you want to find out that law that we’ve talked about here, you can read it for yourself. It’s explained in the cannon chapter in New Jersey Gun Law.

Evan Nappen 14:50

The other thing that’s been really shown to be very important about my new book is on the cover, there is a QR barcode. You scan it, and you sign up for free updates and alerts. I’ve already sent out three updates and alerts in which the book stays fully current and fully updated. We released about Judge Bumb’s new decision. Now you’ll know which places are still enjoined, which ones are not, and which ones got modified and what the requirements are. So, you’re continuously real time current. I had a great release about the insane gun ban that New Jersey has enacted over “No Serial Number” guns. You may have heard about it on other shows as well. I’ve put out alerts already regarding a multitude of subjects so that the book can stay current. As things break, you’re going to know, and this makes the book a living document, unlike the Constitution, which they say is a living document. This one actually is because it stays alive with the updates and the alerts so that you’re on top of New Jersey gun law. It’s my mission to keep it that way. So, get the base book, the 516-page book that gives you that base, and then subscribe for free, and get these free updates and alerts. You will be able to know, up to the moment, on any of these gun law topics.

Evan Nappen 14:50

The other important thing about my book is that it’s 516 pages. With a book that thick, it is a weapon under itself. Okay, I just want you to realize that. In a worst case scenario, you shouldn’t want to get stuck with that book. But there you go. You can buy it at EvanNappen.com. Just go to EvanNappen.com. Evan Nappen. That’s my name. EvanNappen.com will bring you to my law office website, and there is a link where you can purchase your very own copy of New Jersey Gun Law, the Bible of New Jersey Gun Law – 25th Anniversary Edition. Man, I can’t believe I’ve been doing this book for 25 years, but I am so proud of it because it’s helped so many people avoid problems in New Jersey. That’s been my whole calling, my whole career. It’s even the reason for this show. So, take a look at Page – 5 – of 7

New Jersey Gun Law. Let me just give you one last warning. If you get a copy of the book, don’t lend it to any of your friends because you’ll never get it back.

Evan Nappen 17:35

One of our other sponsors that I’m extremely proud of is your state Association, the Association of New Jersey Rifle & Pistol Clubs. They are the number one gun rights advocate for the state of New Jersey. They’re the NRA affiliate in New Jersey. They are the folks litigating in the courts as we speak. Do you like that decision from Judge Bumb? Do you like that fight to make our carry permit valid, to make it so that it has meaning and impact, and wipe out the most egregious laws that this current New Jersey administration has thrust upon us? Well, you can thank the Association for their litigation in accomplishing that. They’re litigating as we speak on assault firearms and magazines. They’re addressing the very issue that I raised with you in the last show. They’re addressing it as we speak to try to get a fix to the absurd “No Serial Number” gun ban. They are in Trenton with a full-time paid lobbyist keeping us alert and aware and being able to take steps that we need to do to try to keep these laws that infringe on our rights at bay. No matter what. If you’re a Jersey resident, if you’re a Jersey gunowner, or you care about fighting gun laws, even if you don’t live in New Jersey, join the state Association. New Jersey is the frontlines on the battle for our gun rights, and the number one group fighting for it in Jersey is the state Association. Go to anjrpc.org and make sure you join. Get the alerts and that fantastic newsletter they put out. The best newsletter on gun rights in New Jersey. You’ll be glad you did, and you’ll be able to take pride that you’re part of the fight and that you’re part of the solution.

Evan Nappen 19:25

Our other sponsor who I really appreciate that we have on board is WeShoot. WeShoot is a top of the line target range in Lakewood, New Jersey. They are just a great place. If you’ve never been there, you really need to go. You’ll really be impressed. WeShoot is currently offering 15% off of any of their classes and that includes, of course, their certification classes to get your carry permit. You get 15% off if you know the secret, and the secret is to give them the promo code. I’m going to tell you what that promo code is. It is GunLawyer15 at checkout. That’s all you have got to say. GunLawyer15 at checkout, and you will get a 15% discount off their classes. Book the classes through the website at weshootusa.com That’s weshootusa.com This offer is going to expire June 15. So, jump on it now. Get over to WeShoot and see the facility right there in Lakewood, so convenient to Monmouth and Ocean counties. You know, our ranges are super important. They are very special. Without ranges we’re not able to shoot, and if you have guns and you can’t shoot them, well, that’s no fun. You got to have a place and places are getting scarcer and scarcer in New Jersey. Here’s a place right around the corner from you. You can go there and have a state-of-the-art facility and training. Great fun staff. Really awesome people. I mean that. They really are, and I’m not just saying that. They are great people there. So, go there and take advantage of their special offer at WeShoot, go to weshootusa.com.

Evan Nappen 21:25

I have a letter here from Dominic. Dominic writes, do I need to have additional training by this October? If so, what is required? Have you a checklist of the new requirements in effect now while awaiting resolution of pending litigation? Well, Dominic, thanks for asking a good question. Part of the new gun law, the Carry Killer, anti-Civil Rights law is a requirement for training in which the state police are going Page – 6 – of 7

to promulgate a new set of requirements. This promulgation of requirements has not occurred yet, and for that matter, they haven’t promulgated a new Administrative Code yet. So, my guess is they probably delayed doing that, because they have all these tasks laid upon them by this legislation. I’m sure they’re working on it. As soon as they promulgate the new training requirements, then everybody is going to be required to conform to the new training requirements. So, even if you have a license that was already issued, depending on the date of your license and when it begins and ends and when they promulgate it, you’re going to have to take these new training requirements, even though you’re already certified with the old training requirements.

Evan Nappen 22:37

So, you’re going to have to stay aware of whatever new requirements they promulgate. As soon as they do that, I will be sending out an alert to the Subscribers that scan the QR code, because it’s going to be an automatic update to my gun law book. Once you have the book and you subscribe to the free Subscriber Portal with your email address, your email address, just your email address, not your physical address, just email address, boom, you’re going to be alerted to it. You can go there, and you can download the new training requirements. As soon as the state police promulgate the admin code, I’m going to be putting that out there, too. So, you’ll know and see what the new code is. These issues are going to get addressed, and then you’ll know what you need to do. At the moment, nobody knows because they haven’t promulgated the new requirements, but they are going to. It’s baked into the cake, and we’re going to have to deal with it. So, keep that in mind and stay alert to the training requirement changes that will be coming our way, when it comes to maintaining and getting your carry permit in New Jersey.

Evan Nappen 23:48

Now, Jonathan writes a letter here that’s very interesting. He said regarding guns in cars. I’ve been listening to your podcasts, and they are great. Very educational. Well, thank you, Jonathan. I appreciate it. My question is this. If you are carrying and have to go into a location that is legally prohibited, such as a school or a police station, is it legal to leave your gun secured in your car during that time? If so, what are the requirements for securing a gun in a car? Absolutely, but you have to be very careful here. We need to distinguish as to what sensitive place we’re talking about and why. If we’re simply talking about the sensitive place restrictions and the requirements of sensitive place that were passed in the Carry Killer, anti-Civil Rights bill, then there is a specific provision that if you’re going into a sensitive place that you may lock up your firearm as long as it is unloaded. My advice is to secure it, unloaded in a locked car gun safe. Those gun safes are not expensive. Less than 50 bucks. They have a steel cable. Unload your gun, lock it in that locked container, and slide it under the seat so the container isn’t even in plain view. You’ve now secured your firearm, and you’ve met the requirements under the law. You can now go into a sensitive place, and you’ve secured it properly and responsibly. Look, you want to protect your gun from getting stolen, you want to be reasonable, and you want to be a responsible gun owner. So, lock it up in this manner. Now, it may be so that you could get away with not securing it in a locked container unless it’s just locked in the trunk or, in a case. Listen, don’t push the envelope on this stuff, folks. Just use a locked container and secure it responsibly. It’s in your own best interest to do that. You don’t want your guns stolen.

Evan Nappen 25:57 Page – 7 – of 7

Now the distinguishing feature here though is Jonathan asked what about schools or police station? There is a school, multiple schools, get prohibited in sensitive places in the Carry Killer, anti-Civil Rights bill. But there’s a standalone school provision about educational facilities and the provision for securing your firearm to overcome sensitive places such as a police station, they do not necessarily cover you for the other educational facility prohibition that we’ve had for a long, long time, under N.J.S. 2C:39-5.e. There is no exemption for that. So, if you’re going to a school and park on their lot, you could still be charged under the old law, even though you may have secured it properly, in conformance with the new law. They contradict. They don’t overlap completely. So, the best thing to do in a school situation is you need to park on the street, not on the school grounds. Then secure it in the manner that I’ve said because schools are different. And the sensitive places, I’m going to tell you right now. This is going to cause a whirlwind of trouble for folks. They didn’t coordinate it. They didn’t cross reference the exemptions. This is just a trap laid for the unsuspecting. Because when you get into the school zones, you have two separate laws. One has a method of avoiding the consequence or the prohibition, and the other does not. So, don’t fall into the trap. Beware. Make sure you understand these differences.

Evan Nappen 27:50

Although I’ve been mentioned it throughout the show, the best way to know is via my book, New Jersey Gun Law. I have a whole section, a whole chapter, in a question and answer on schools and guns. This is why I wrote it. So, you can stay out of trouble, and you can know the law, know your rights, and stay out of jail. Even though my profession is that I’m an attorney, a gun attorney, and I defend law-abiding criminals, as I affectionately call them, if I can help you not to become a client, nothing makes me happier. As we fight for our rights and we fight to maintain our rights, this is the key in New Jersey to survival – knowledge. It’s the purpose of this show. It’s the purpose of this book. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 28:57

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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