Episode 137- The Push to Repeal 2A

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Gun Lawyer Episode 137


second amendment, firearm, gun, new jersey, state, knife, law, repeal, constitutional convention, ban, california, put, guns, switchblade, book, newsom, governor, fighting, amendment, proposes


Speaker 3, Evan Nappen

Evan Nappen 00:00

Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, as I predicted not too long ago, eventually, the only solution for the anti-gun movement will be to repeal the Second Amendment. Now with the advent of the hammer of Bruen in our pocket that we can use so effectively against these gun laws and that the fight is clearly going well for us. Of course, it’s an ongoing fight. Now, you see that the antis are pushing for repeal of the Second Amendment. The way that they’re attempting to sell it was just introduced and put forward by Gavin Newsom, the Governor of California. And of course, he’s quite a leftist and not a big surprise that he’s anti-Second Amendment rights and all that. But here’s what he’s putting forward, and it’s very interesting to think of it. Because his proposed Constitutional amendment, which he’s calling the 28th Amendment to the U.S. Constitution, is in effect, a repeal of the Second Amendment.

Evan Nappen 01:50

Now, it’s not a total repeal of the Second Amendment, but it’s a repeal that has, well, we’re going to review it, a number of elements that will essentially have the amazing chilling effect, as I’m sure they’re intending. The fact that they’re even proposing and pushing this repeal is proof of just how scared they are, and proof of how they know that they are on a losing side when it comes to what the Second Amendment means and any ability to try to overcome the spectacular opinion written by Justice Thomas.

Evan Nappen 02:35

Let’s take a look at what Governor Newsom, more like Governor Nuisance, proposes out of his office news release. What it says is “Governor Newsom proposes historic 28th Amendment to the United States Constitution to end America’s gun violence crisis.” That’s the heading of his news release. So, first of all, it’s not a gun violence crisis. It’s a criminal violence crisis. It’s a criminal violence crisis caused by leftists like Governor Newsom, who get rid of the vigorous enforcement against criminals that leads to. Well, look at San Francisco and LA and all the other great cities and places in the state of California that are under a crime wave. And of course, what does the left do? Classically, they blame guns instead of the actual reality of the policies.



Evan Nappen 03:38

So, in his effort to blame guns for the failings of his office, his state and the Democrats in California, he is saying that he proposes the 28th Amendment to the Constitution to enshrine fundamental, broadly supported gun safety measures. Oh, of course, sir. It’s always gun safety when it talks about banning, and it has nothing to do with safety at all. It’s just gun bans, that they lie and call gun safety measures. Then he has the nerve to say, while leaving the Second Amendment unchanged… Well, sure. They’re not going to touch the Second Amendment. They’re just going to repeal the rights that the Second Amendment guarantees us.

Evan Nappen 04:23

But the Second Amendment will be there in the Constitution. It’ll just have been eviscerated by the new amendment. Isn’t that cute? But that’s the lying kind of things that Democrats are famous for, especially Governor Newsom and respecting America’s gun owning tradition. Yeah, respecting it all right. As he gives it the finger, figuratively, and literally. The Governor’s proposal guarantees common sense constitutional… Can they put any more of their buzzword BS into this thing? Common sense. Do you want to know about common sense? Don’t do this. That’s common sense. But anyway.

Evan Nappen 05:00

Gun safety that Democrats, Republicans and Independents and gunowners overwhelmingly support. Yeah, right. Yeah, right – overwhelmingly support, Including what? Universal background checks, raising the firearm purchase age to 21, instituting a firearm purchase waiting period, and banning civilian purchase of assault weapons. And there you go. We just saw polls recently where the majority of the people don’t want a ban on assault weapons. So, it’s just total crock of lies here.

Evan Nappen 05:33

And what he specifically says in this news release is that the 28th Amendment will permanently enshrine four broadly supported gun safety principles. These are guns . . . Did you know these are safety principles, by the way? Think about the audacity of that lie. Here’s the safety principles, folks, that Newsom says. Raise the federal minimum age to purchase a firearm from 18 to 21. Oh, that’s, that’s all about safety. Right? It’s all about safety, age. Age, from 18 to 21. Listen at 18, you can go in the military, and you can die for your country, but you’re not safe to have a gun. You’re not safe until your 21. That’s safety.

Evan Nappen 06:18

Mandating Universal Background Checks to prevent truly dangerous people from purchasing a gun that could be used in a crime. Yeah, it could be. Lots of bad things can happen with all kinds of things. Cars can be used in crimes. And not only that, truly dangerous. What’s he going to do? Break into song, right out of Chitty Chitty Bang Bang. Truly Scrumptious. Truly, truly dangerous. I mean, come on. Crap. What is that? There is no such thing. You can’t identify “truly dangerous”. They’re just going to increase disabilities and say this person is barred and that person is barred based on any kind of thing they can come up with. And what is it all foundationed on? UBC, Universal Background Checks.



Evan Nappen 07:06

Anytime you hear Universal Background Checks, you think Universal Gun Registration. That’s what it is. Universal Gun Registration, and why do they want registration? Because of registration, you get those four steps, man. Legislation, Registration, Confiscation, and then Extermination. And that’s where this is heading. Just look around. They want to get them guns registered. If you get Universal Background Check, you get Universal Registration. It puts them well on the way to where they want to be.

Evan Nappen 07:39

Instituting a reasonable waiting period for all. There is no such thing. Why do I have to wait to exercise my rights? You don’t nor should you have to wait to exercise your rights. A right delayed is a right denied. Then finally, here, just the cutest part of it all, “Barring civilian purchase of assault weapons that serve no purpose other than to kill as many people as possible a short amount of time – weapons of war our nation’s founders never foresaw.” Really? Please.

Evan Nappen 08:17

First of all, they did have repeating arms, even at the time of the founding of our country. So, they knew full well about repeating firearms. And the purpose of “assault weapons” is a made-up term – assault weapon. They’re talking about semi-automatic firearms, and they have lots of other purposes other than to kill as many people as possible. If you don’t believe it, you can go to my article called “101 reasons why you need an assault firearm”. That’s right – 101 reasons, and it has nothing to do with killing as many people as possible.

Evan Nappen 08:54

So, here he packs into his amendment, such a reasonable amendment that everyone supports, this enormous gun ban repeal of Second Amendment rights. And of course, he’s selling it with all the buzzwords of “common sense” and “gun safety”. But here’s the kicker to the whole thing. How does Governor Nuisance decide to see the approach, how does he put the approach of getting this passed? Does he say, hey, we put the amendment out, and then we get states to ratify it? No, because he knows that can’t happen. It’s just too many. So, what does he say? Right in his news release. “Passage of the 28th Amendment will require a convention.” That’s right. A Convention of States to propose amendments to the United States Constitution, also known as an Article V Convention or amendatory convention.

Evan Nappen 09:59

Then, working with members of the California State Senate and Assembly, California will be the first state in the nation to call for such a convention with a joint resolution being introduced by the California State Senator and Assemblyman. They will work with other grassroots supporters and elected leaders in diverse coalitions for the passage. Guess how many states they need? They need 33 states including California. That’s all it would take to convene such a convention. And that, my friends, is why a Constitutional Convention is extremely dangerous to our rights.



Evan Nappen 10:37

You may have heard other conservatives that talk about wanting to get a Constitutional Convention, wanting to see changes get put in, that may address tax issues and other issues that concern conservatives, and I get that. I get it. But there’s not a chance in hell, I want to see a Constitutional Convention to achieve it. Because as soon as that happens, everything in the Constitution is up for grabs and that includes the Second Amendment. This shows you where they want to take it. It is dangerous as hell to our rights. This is the proof of it.

Evan Nappen 11:19

You don’t believe it? Read Gavin Newsom’s news release laying out the game plan of what they want to do. (https://www.gov.ca.gov/2023/06/08/28th-amendment/ ) And how do they want to do it? By a con con. That’s right, a Constitutional Convention. The Constitutional Convention is a sucker bet, folks. If you love the Constitution, then the last thing you want is a convention today to modify it to today’s wonderful standards. Do you want wokeism in the Constitution as a guaranteed right? Do you want elimination evisceration of the Second Amendment? Do you want curtailing of freedom of speech? Do you want all these things that we’re barely holding on to or fighting to stop to be part of the Constitution? Well, just have a con con and watch what happens. So, I take a strong, strong position against what you may hear other conservatives thinking it’s a good idea. They think it’s a good idea? Read what Gavin Nuisance has to say about the Second Amendment and why he wants a Constitutional amendment and a Constitutional Convention. It is bad news. And is not something anyone who cares about the Second Amendment should ever want to see.

Evan Nappen 12:55

When we come back, I have another fascinating thing, incredibly, deliciously ironic, thing to tell you about California. Since we’re talking about the shenanigans that emanate out of California. See you in a few.

Speaker 3 13:15

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, 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 14:29

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

Evan Nappen 14:45

Hey, welcome back to Gun Lawyer. I’m Evan Nappen. Of course, I want to take a moment to thank our sponsors who I love dearly. First of all, we have the Association of New Jersey Rifle & Pistol Clubs. They are the state Association and the state affiliate of the NRA. More importantly, they have a full-time lobbyist in Trenton fighting for our rights and keeping an eye on what schemes and machinations they have going on in Trenton. They are in the heat of all the litigation. They’re in court and in federal court, fighting the Murphy Carry Killer, anti-Civil Rights bill and doing great in that fight. They’re fighting the assault firearm ban of New Jersey, the magazine ban in New Jersey, various new disqualifiers that are coming to you.

Evan Nappen 15:40

They’re even working, between you and me, behind the scenes on first trying to see if we can get rid of the largest gun ban ever passed in the state of New Jersey. Depending on how that goes, you’re going to see even more action. They’re not ignoring that, folks. I can tell you that right now. It’s not being ignored. Important, important work is being done by our Association, and you must be a member. Make sure you go to anjrpc.org Make sure you are a member. Look, there are plenty of other gun groups you want to belong to. I’m all for joining as many as you want. Support our brothers in arms, but you have to belong to the state Association as a New Jersey resident. That is our frontline of defense, and they’re the largest, most effective New Jersey gun rights group. Go to anjrpc.org and make sure you are part of the solution by joining our gun rights organization of New Jersey.

Evan Nappen 16:43

Let me also tell you about one of my favorite places and that is WeShoot in Lakewood. WeShoot is a super friendly, indoor target range and store. If you’ve never been there, you need to go there, and you’ll know that I am telling you the truth. Their staff will bend over backwards to help you . Really just incredibly good people. I love them all there. They will take the time to help each and every one of you to choose the proper firearm for your needs.

Evan Nappen 17:23

They even have what’s really cool is a rent-to-buy program where you rent to buy. You can rent up to two firearms, and then if you make a purchase on that same day, you get refunded for the rentals. So, you get to try them out and see if you like them. You get to test fire them and choose the one you want. Find what one works best for you, fits your hand, and it’s the one you enjoy. Then you get credit for the rental right away toward your purchase. You know they have over 150 firearms that you can just rent. Believe it or not, you can rent guns in New Jersey. It’s absolutely legal.

Evan Nappen 18:05

Talk about a great day out or night out with a friend. That’s a place to go. Go there and rent guns. Have a great time shooting and try out different guns that you’ve wondered about. What they’re like shooting, how it may fit and function for you, and your skill level and size of your hand. What you can shoot effectively, the recoil, and all these things that go into picking that perfect firearm for you. Go there and select from over 150 firearms in a super friendly, wonderful place. It’s located so conveniently right there in Lakewood, New Jersey. Where you have Ocean County and Monmouth County, super access. You know how hard it is finding ranges these days. Finding commercial ranges that are especially at this level of quality. Right there is your resource. So, make sure you go to WeShoot and check out their website, it’s at weshootusa.com They have beautiful photography, and it’s just magnificent. You’ll enjoy perusing their website. Make sure you get down there and shoot at WeShoot.

Evan Nappen 19:25

Also, I want to shamelessly plug my new book. It’s the New Jersey Gun Law – 25th Anniversary Edition. Do you believe it? The 25th Anniversary Edition is fully and completely updated for all the new laws, all the Murphy laws including how to get your carry permit. I explain everything. Whether you’re a new person to guns, how to get your first gun, or whether you’re heavily into it, and you need to know the specifics of over 120 topics in New Jersey. All explained in question and answer, so that anyone can understand it. It is a book that does the impossible. It lets you understand New Jersey gun law.

Evan Nappen 20:14

The best thing about the newest 25th Anniversary Edition to me and is really, really cool, if you simply scan the QR code, it’ll take you to the Subscriber Portal. It’s 100% free to register, and you’re going to get access to the archives and every update. So, anytime there’s any change, I will send out an email alert. Then you immediately go there, download the pocket part, so to speak, download the new update, so that this book stays up to date and current at all times. That’s why I designed it so you can know the law and know you have the most current law, because you get the free subscription to all updates. So, it’s a great deal. Go to EvanNappen.com, go to my website at EvanNappen.com. You’ll see the link there, the big orange book. Just click it, and you can order your copy today.

Evan Nappen 21:16

Ask anyone that has a copy how much they use it? All the time. It’s the resource, folks, it really is. And that’s why I put my heart and soul, as a labor of love, to get it written so that you can protect yourself and not fall into the trap that New Jersey lays out to disenfranchise law-abiding gun owners from their Second Amendment rights, by getting caught up in a system that is so difficult to understand. I am making it so you can. Once you know the rules and understand them, then it’s a lot harder for them to get you. So, get the book. You’ll be glad you did.

Evan Nappen 21:59

Let me tell you about this interesting thing out of California because, again, wacky California. What did they do? They passed a law in which it created fee shifting. What it said is that any plaintiffs who challenge Second Amendment cases, where you bring a challenge to the law claiming a Second Amendment violation. If the plaintiffs, you know, the good guys, didn’t win every single claim that they made, they would have to pay the fees and costs to the state for their challenge. It shifts the fees, forcing this ridiculous win. Otherwise, you’re going to get stuck. So, the whole thing was to have a chilling effect, a chilling effect, on litigating the anti-gun laws because they’re scared to death about how much power we have now with the Bruen case and the power of the Second Amendment. So, they want to discourage it by upping the ante, upping the ante to make it so that if you dare try to challenge the law and you are in any way unsuccessful, you’re going to pay through the nose.



Evan Nappen 23:25

So, what I really love about this is that the Firearm Policy Coalition (FPC), which has just been doing great work fighting gun laws, sued California, amongst other plaintiffs as well, challenging this law that did fee shifting and then won that case. So, California has to pay fees and costs to the Firearm Policy Coalition and the other plaintiffs that won to the tune of over half a million dollars now. That is irony. That is just sweet as can be. The law that California passed to try to stop the challenges got challenged and now California has to pay for that law. Now, that’s a beautiful thing. So, congratulations to them for knocking out this ridiculous law. (https://thereload.com/california-forced-to-pay-gun-groups-legal-fees-after-trying-to-discourage-court-challenges// . It’s actually Section 1021.11 if you want to know the specifics. Congratulations to Judge (Roger) Benitez who wrote this great opinion giving the win to the good guys and nailing yet another wacko idea by Governor Nuisance to do it. So, here we go. It was a nice victory. So, congratulations.

Evan Nappen 24:53

I also want to tell you about something else that I find very exciting, and I’m really pleased about it. And that is KnifeRights. That’s right. KnifeRights, which is the group that protects knife rights. We all believe in gun rights, but I’m also a big believer in knife rights. What we’re talking about here is the same right? What right are we talking about? The right to keep and bear arms, of course. Because the right to keep and bear arms is not just the right to keep and bear guns. That’s not what it says. The right to keep and bear arms, arms include knives. Because arms include knives, we have made tremendous headway in the knife liberty movement.

Evan Nappen 25:46

I’m proud to say that I work hand in hand with KnifeRights as their counsel and helped to get the knife liberty movement started in New Hampshire with the complete repeal of New Hampshire’s ban on switchblades, daggers, Dirks, and stilettos. Since then, there have been 23 or 24, I lost count how many, states that have followed thanks to the efforts of KnifeRights and repealed their state knife laws.

Evan Nappen 26:17

With all those repeals of the knife laws, and with the Bruen decision, and the McDonald decision and the Heller decision, all about the Second Amendment with mentions of knives, by the way, throughout those cases, too, talking about knives, talking about knives as arms, too, that KnifeRights has sued to end the Federal Switchblade Act. That’s right. A challenge, finally, to take out the federal knife law. This is a beautiful thing because once we kill the federal switchblade knife law, that is the basis, the foundation, of any federal knife law that exists. Once that’s wiped out, we’ve wiped out the foundation of any federal laws regarding knives. That means something that cannot be built upon.

Evan Nappen 27:22

If you want to see how important that is, look at the 1934 Machine Gun Act (National Firearms Act) that banned machine guns, short barrel rifles, suppressors, sawed off shotguns, all in the gun world. And what are we doing today? We’re still dealing with that law, and that law is being used to pass other laws and is being passed to have administrative abuse. And we just dealt with it just now. A law from the 1930s that should have been wiped off the books in the 1950s, when we had all the returning soldiers from World War II that understood about machine guns, that understood about firearms and weapons. Yet no action was taken to repeal it then, but we could have. Now we still suffer. Because what do you think the pistol brace ban was based on? The 1934 Federal Machine Gun Act, the National Firearms Act, the short barrel rifle provisions in that law. That’s right. We could have gotten rid of it, but we didn’t.

Evan Nappen 28:34

But that’s not the case with knives. In the knife liberty movement, KnifeRights is on it. We’ve gotten state repeal after state repeal. Only a small handful of states even have state laws prohibiting switchblades in any way. Of course, New Jersey’s is still on the books. Of course, we knew that. With this federal law challenge, not only will a Supreme Court opinion winning the unconstitutional argument of the Federal Switchblade Act wipe out the Federal Switchblade Act, but it will also stand for the unconstitutional nature of New Jersey’s switchblade law and any other state that has knife laws that are unconstitutional. So, this is a great effort by KnifeRights. I’m extremely excited about it. (https://kniferights.org/legislative-update/knife-rights-sues-to-end-unconstitutional-federal-switchblade-act/)

Evan Nappen 29:34

To see them challenge the Federal Switchblade Act, finally, which was enacted in 1958, and living and taking advantage of the moment, this moment, when we have so much in our favor to see this knocked out. We have that trio of great Second Amendment cases. We have the states that have already enacted repeal after repeal, and it’s something else as well. We have commonly owned knives that open with one hand, plenty. Now the Federal Switchblade Act focuses on knives that opened by the push of a button. Yet, we were able, through KnifeRights, a number of years ago to get the federal law modified so that assisted openers were not defined as switchblades.

Evan Nappen 29:48

So, you know, to most folks, if you have an assisted opener versus a switchblade, if you push the tab on the blade and it opens automatically versus pushing the button in a handle and it opens automatic, is that some huge crazy difference? And what is the significance of that? Nothing. These are all simply folding knives that you can open with one hand that is extremely important to be able to open with one hand. How many times are you holding rope, holding fishing line, holding a box, holding it and need to access your knife and open it so you can cut whatever you’re holding? It is incredibly important.

Evan Nappen 31:09

The thing about a switchblade is switchblades lock close. They even have a lock on most of them. With that lock, it’s actually a safer knife that they’re banning with switchblades. It’s just stupid as stupid could be. The switchblade law was passed federally for only one reason. Hype. Hype. Starting with a story in the lady’s journal, the Women’s Home Companion, called “The Toy That Kills” and they pushed the toy that kills – switchblades. Demonizing them like the left does with just like everything else they don’t like. Especially anything having to do with anything the Second Amendment would protect. Demonize it. You know, ghost guns, ooh. Assault firearms, oooo. Switchblade, ooh. Well, that’s coming to an end, and I’m extremely excited to see KnifeRights in this fight. You should support KnifeRights in this fight. We’re going to win this for knife liberty. (KnifeRights.org) We’re going to knock out the federal law and all the rest of the knife laws. We are going to have complete knife freedom, knife liberty, in the United States. It’s just great work taking place there. We can be proud of it.

Evan Nappen 32:27

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

Speaker 3 32:39

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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