Gun Lawyer Episode 138
rsc, gun, great, new jersey, firearm, suppressors, law, representative, cartridge, second amendment, state, carry, gun rights, 25th anniversary edition, ideas, cartridge cases, case, line, permit, conservative
Speaker 3, Evan Nappen
Evan Nappen 00:17
Hello, I’m Evan Nappen, and welcome to Gun Lawyer. Well guess what? Governor Murphy’s tramp stamp doesn’t have any ink. You may want to know what I’m talking about, and I’ll explain it. His wonderful microstamping law. That’s right. The microstamping law. An article in Politico titled “New Jersey Attorney General’s office five months behind on gun microstamping law”. (https://www.politico.com/news/2023/06/13/new-jersey-microstamping-gun-law-00101537) As per Politico and as per the law, the Attorney General was assigned to investigate the viability of microstamping. This is in the law, and they had to do so within 180 days. Once this technology was deemed viable, then it would become a mandate on dealers.
Evan Nappen 01:14
Let me explain microstamping as per the definition in Jersey. Here’s what it does. Under N.J.S. 2C:58-2.13, that’s the statute, “Microstamp means a unique alphanumeric or geometric code that identifies the make, model, and serial number of a firearm.” Then that is placed upon what they call the “Microstamp roster means the roster of firearms that have been designated as microstamping-enabled firearms”. A “microstamping component” is the component of the firearm that will produce a microstamp on at least one location of the expanded cartridge case each time the firearm is fired. “Microstamping-enabled firearm” means a firearm that contains a microstamping component.
Evan Nappen 02:14
So, the idea here is to create a gun that produces a cartridge case that has an individual identifier. Of course, many cartridge cases when they’re fired already have this. There is a whole science of forensics where they look at spent cartridge cases and can identify and match up. But really all this is is a high-tech gun registration scheme. Okay, that’s really just always what it boils down to. Registration, and here they go again. They were supposed to find this so-called viable technology. Once this was done and it was determined that this is viable, and here’s a gun that does microstamping, then every dealer in New Jersey is required to always have one of these guns for sale. And in selling them New Jersey is giving a rebate when you buy a microstamp gun, folks. Get a load of this. Ready for how much this rebate is? 30 bucks. Wow. A whole $30 for you to buy a microstamp gun. Page – 2 – of 8
Evan Nappen 03:21
Now think about this. Who wants a microstamping gun? Nobody! Nobody! What is the benefit? Do you want to make sure that your brass has your mark on it? Well, maybe if you shoot a lot at the range and you get into arguments over whose brass is whose. Maybe then it might be a way. That’s mine. Look at my microstamping. Other than that, who wants this? Who’s going to pay for a gun specifically that does this? It’s as silly as it can be. I do have a solution that I’m going to share with you in a minute. But let’s just talk more about this microstamping because it’s all fine and good that a cartridge is going to have this individual marking that gets microstamped. Just tell me what happens though when you use a revolver? A revolver. Wait a minute, all of the shell casings stay in the cylinder. Oh my. Oh my. So, good luck with that. All right, and if you’re going to make a dump of your brass, it’s just a dump to your pocket. It’s not going to fly around the ground. That’s what they’re focused on. This aspect of cartridge cases being sprinkled everywhere. But revolvers don’t do that, you see. So, I don’t know where they’re going with that.
Evan Nappen 04:46
But even if you have such a firearm that has this technology, it’s so easy to destroy it with a $2 file. It no longer does microstamping now, that would be illegal though. The law does prohibit anyone destroying that microstamping component of a gun. So, you know, if some bad guy gets a microstamping gun and they’re going to commit a crime with it, they’d never take a $2 file to try to get rid of that microstamping capability. Right? Because they’re just going to obey the law on that, even though they may murder or rob or do whatever with the gun. But they’re sure not going to violate the microstamping law. So, it shows you just how amazingly effective this whole thing is going to be. It’s just a glorious waste of time. It’s something else to burden sellers with, burden gun dealers with. It is, of course, a reprehensible registration scheme. That’s what it’s really about.
Evan Nappen 05:44
Then eventually, once they get the viable technology, just like smart gun having viable technology, once it’s out there, then it becomes the only gun you can have. See, they’re not starting off with that because they learned their lesson with the original Loretta Weinberg screw up. She mandated that smart gun is the only gun that can be sold and foolishly revealed their hand prematurely, which ended smart gun development until they had to repeal that stupid law and replace it with the “we’re only going to have dealers be required to sell them” approach so that they can finally get the technology out there. Then they can impose and make it mandatory on every gun. This is really what they’re game is. It’s always about that. It’s what other burden can they place on us or dealers on exercising your right to keep and bear arms. It doesn’t matter how easily it can be overcome or how silly or stupid or how it’s not going to solve any crime whatsoever. It’s just more of their BS. And you know, what’s funny, is that California for a while has had it, but they can’t find viable technology. New York has it. They can’t find viable technology. Now New Jersey. They all jumped on the bandwagon with his wonderful idea. But guess what? Nobody has the technology.
Evan Nappen 07:16
Now, even besides all the negative, all the downside, all the evil plan that they have backing this, I still was just playing with this idea, and I want to share it with you. And that is, why would anybody want a microstamping gun? No one would. I don’t think no one would want it. Unless they market it in a certain Page – 3 – of 8
way, and I figured here’s how they could market it, where individuals might actually want it. It’s along the lines of vanity plates for your car. Now imagine if for your microstamping stamp that gets placed on every cartridge case, you get to pick what it’s stamped with. You can have an imprint, whatever name or symbol or combination thereof, that you want, as long as nobody else has it. You see? Well, that made me think. Man, there’s a lot of great things that would really be fun to have your cartridge case marked with, and I have some examples that I want to share with you.
Evan Nappen 08:31
But here’s what I want to announce. I want to announce a contest here – a contest. You can send me your ideas for what you think would be excellent to have on your microstamped gun casing. What do you want on it? What do you think is the best, funniest? Next show, I’m going to read the best submissions, and I’m going to pick the winner. The one with the best idea of what a microstamp casing should be marked with. The one that wins the contest will receive a free copy of my book, New Jersey Gun Law – 25th Anniversary Edition, signed by yours truly, and shipped to the winner free of charge that submits the best name microstamp casing idea.
Evan Nappen 09:24
Now, here’s just a few ideas that I want to put out there just to stimulate your thinking. You can’t use these ideas because these already are. Maybe you even had the ideas that we’re going to talk about, but you can’t use these. They are off limits for the contest. So, one of them I thought would be great is if your microstamp mark was F A F O. Wouldn’t that be great on your cartridge casing. If you don’t know what FAFO stands for it stands for F around and find out. I think it’s pretty appropriate for a shell casing to be marked with that. Then I’m thinking on the other side of fun. How about your shell casing mark is Hello Kitty? That’d be great. You know, have your nine millimeter stamped Hello Kitty? Or how about emojis? Or a combination of emojis? Would you like your cartridge case to maybe have a poop emoji every time? You know, poop? Or how about a smiley face emoji or any of the other emotions that the emojis have? So that your micro stamp is that emoji of your choice? Here’s a good one. I don’t know if they can fit this much on it. But how about if every cartridge case, the stamping says Second Place Winner? That would be pretty good. Second place winner. That’s what that one said. But look, hey, let your imagination run wild. You know, talk with your buddies, come up with some great ideas, and you can send your ideas to Evan@EvanNappen.com. That’s right. Go to the website for my law office at EvanNappen.com. If you forget my email, it’s right there. It’s Evan@EvanNappen.com. Send me your ideas, and we’re going to have some fun with this.
Evan Nappen 11:14
You know, naming projectiles and such goes way back. The Romans even wrote all kinds of things on the things they were throwing at the enemy. Some of them are pretty funny, if you go online to see what the Romans wrote back then. So, here’s your chance to come up with some great ideas on the tramp stamp that needs to be placed on every cartridge case, thanks to another idiotic episode of Murphy itis that we’re suffering through. But we can at least have some fun while we’re at it. Hey, when we come back, I’m going to tell you some stories from listeners that sent some great letters, and I also want to explore some interesting activities from the conservative Republicans that you may find interesting. So, we’ll see you in a few. Page – 4 – of 8
Speaker 3 12:15
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 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, 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 13:29
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast.
Evan Nappen 13:44
Hey, welcome back to Gun Lawyer. I’m Evan Nappen, and thanks for being a listener. We have a good time here. That’s one of the things we try to do. Because if you look at all these ridiculous gun laws, you gotta laugh because they’re just insane. And they keep piling them on. We talk about it all the time. New Jersey is one of the experimental states for this garbage. So, we constantly have to fight it, and it’s important for everybody else that New Jersey stands strong and fights these things as you know. One of the main fighters for our rights is of course one of our beloved sponsors and that is the Association of New Jersey Rifle & Pistol Clubs – anjrpc.org. They are the number one, premier gun rights fighter for New Jersey. They have a full-time paid lobbyist down in Trenton. They are in the courts as we speak litigating to stop the Murphy Carry Killer bill by getting injunctive relief. They’re battling the assault firearm law, large capacity magazine ban and many other laws out there. The Association is at the forefront for New Jersey’s he’s battles in both the courts and the legislature. So, you really need to be a member of the state Association. I know that every show I talk about it, but it’s that important. You really must be a member. Join at anjrpc.org. You’ll receive the finest gun rights newsletter printed in New Jersey, and you’ll know that you are doing your part and that you are part of the solution. Please be part of the solution. It’s the least you can do. You will help yourself by doing it because you’re going to get great email alerts, and you are going to know what’s going on. You’re going to be able to protect yourself and know that you’re part of our fight. So, go to anjrpc.org.
Evan Nappen 15:50
Our other great sponsor is WeShoot. WeShoot is a target range in Lakewood. They are really conveniently located there in the Ocean County and Monmouth County area, right there. They have a great facility, top of the line, super friendly folks, you will love it. You know, it’s great to have access to ranges. It’s so hard to find places to shoot, especially in a crowded state like New Jersey, and especially where they’re anti-gun. They constantly want to stop us from enjoying what we love. This is a place where you can do just that. Enjoy what you love, and deal with some wonderful people. They have great gun rentals. They have great deals, and they have great instructors. They can get you Page – 5 – of 8
certified to get your New Jersey Carry Permit. They have the instructors and the courses. They’ve never had anybody not get their license based on inadequate training. They’re experts, and they can help you whether you’re a novice or advanced. They have a wide array of instructors and that is critical. The education part of firearm ownership can’t be overstated. Once you’re educated and trained, you become a better protector of yourself and your family. Knowing when you can and can’t use a firearm and how to use it properly. It’s indispensable, and you have a great resource for that. WeShoot is in Lakewood, and you can go to their website at weshootusa.com. Check out their website. They have a beautiful website, beautiful photographs. They’re extremely active in their postings and photographs. They really are top of the line. Check out WeShoot at weshootusa.com That’s where you want to go, and you’ll be glad that you did.
Evan Nappen 17:55
The other thing I want to mention, because I’m extremely proud of it, is my book. Of course, it is the prize in our Murphy Tramp Stamp Contest. But if you want to get a copy, I highly suggest you do. It’s 516 pages, and it explains all New Jersey gun laws in an easy to understand format. It’s 120 topics in a Question and Answer format. Ask anybody that has a copy of this book how useful it is. If you don’t understand New Jersey gun laws, that’s your go to source right there. It’s a labor of love for me to have written it. Hundreds and hundreds and hundreds of hours to do this for you, folks. It’s what I believe in. We are now the 25th anniversary edition. Can you believe it? The 25th anniversary edition.
Evan Nappen 18:41
It is completely up to date, and it will stay up to date. This new edition has a QR code right on the front. If you scan it, you can subscribe for free to the Subscriber Portal right there. You will get alerts as to any updates, and you’ll have access to the archives. So, you’ll be able to keep that book current, continuously current. It is a great feature. It is a book that you’ll be confident is up to date because I’m on this stuff. I’m on top of this, and if any changes happen, I’m making sure that those updates are there. They are going to those folks who subscribe for free, to get those updates and keep that book current. So, check out New Jersey Gun Law – 25th Anniversary Edition. If you want to buy a copy, just go to my website, EvanNappen.com, www.EvanNappen.com. You’ll see the book there. Click it, and you can buy it. Within just a matter of a few days, you’re going to have your very own copy. So, check that out.
Evan Nappen 19:50
Hey, we got some great letters here, and I want to share them with you. The first letter here is regarding, and this is from Anthony, regarding Duty to Inform. Mr. Nappen, I live in NJ and have a permit to carry. If I am a passenger in a vehicle that is pulled over for some traffic violation, do I, as a passenger, have a duty to inform as I would if I was driving? Thank you in advance. Well, Anthony, that’s a great question, and let me give you the answer. Absolutely. Yes, you do. Because the Duty to Inform doesn’t just say while driving. It doesn’t say that at all. If you have any encounter with law enforcement, even if you’re walking down the street, you don’t have to be in a vehicle, you have a Duty to Inform. So, in that vehicle as a passenger, yes, you sure do have to tell the officer that you are caring. And if you fail to tell the officer, you’re looking at a very serious offense – a fourth degree felony level with a potential of 18 months in State Prison, losing all your guns and gun rights, becoming a convicted felon because you did not inform the officer. Not only do you have to inform the officer, but Page – 6 – of 8
also you have to produce your Permit to Carry. Failure to produce a Permit to Carry subjects you to a disorderly persons offense for not having that card on you, and you’re looking at six months in the county jail for that. So, Duty to Inform is serious in Jersey. You have to make sure that you do that and that you have your permit on your person. Failing to do that is criminal. You sure don’t want to end up with a criminal charge over that. Make sure you abide by the Duty to Inform.
Evan Nappen 21:48
Here’s an interesting question from Glenn. Glenn says I purchased your 25 year book on gun law, but I did not see where it says how many pistol magazines you can carry with a concealed carry permit? Also, how many pistols you may carry at one time, such as can you carry an EDC gun and a backup? Well, let me just say that yes, I did not write in the book how many pistol magazines you can carry because no one ever questioned that. There is no prohibition on that. You’re the first person in my 35 years plus practice whoever asked this question. But as I like to say, there are no stupid questions. This is a question that you know what? I’ll include it in the book or in an update, just in case others have the same question. The answer is there is no limit to the number of magazines you can carry. You can carry 100 magazines, if you can fit them on your person and bear the weight. But none of the magazines can have over 10 rounds per magazine. So, the limitation is not on the number of magazines you can have. It’s on the capacity of each individual magazine. So, if you want to have 100 rounds on your person, then you can carry 10 magazines on your person and literally have 100 rounds. But you can’t have a 100 round magazine, because that’s a large capacity magazine, and you’re looking at a year and a half in State Prison if you have that. But 10 magazines holding 10 rounds, you’re fine. Yeah. Makes a lot of sense, right? Well, look, the bottom line is don’t worry about how many magazines you have.
Evan Nappen 23:41
Now the question about how many guns. How many is in the book because there is a legal limit. You’re not allowed to carry more than two guns under the law. You can have two, but no more than two. Boy, I’m starting to sound like the Monty Python routine with the Holy Hand Grenade. Number shall be two, not three. Definitely not four. I’ll probably be dating myself. But if you ever hear that routine, it’s great. It applies here to guns. You’re allowed two, but only two. That’s the max. You can’t do the John Bianchi where you have 40 handguns all over you. Now, you could do John Bianchi with 40 magazines all over you, but not guns. You can’t do with guns. Two is the limit. But you are allowed two and that’s specifically in the gun law, in the Murphy Carry Killer bill. It specifically was enacted with that language.
Evan Nappen 24:39
Now I’m looking at some political information here that I find very interesting, and I wanted to point out something that you may or may not be aware of. It’s called the Republican Study Committee (RSC). I don’t know how many of you have heard of the RSC, but this is interesting. The RSC, according to their website, has served as the conservative caucus of House Republicans and a leading influencer on the Right since its original founding in 1973. So, you have many, many Congresspersons that are conservative and that make up the Republican Study Committee. It’s really one of the most influential, if not the most influential, of all the committees, of the groups that try to influence legislation. Page – 7 – of 8
Evan Nappen 25:43
Let me tell you about the RSC, and we’ll get into why this is important to gun rights. In 1973, Representative Phil Crane (R-IL), this is from their website, and others founded the RSC and gave conservatives a place to call home in the House of Representatives. The RSC functioned as a Legislative Service Organization until such groups were abolished under House rules in the first days of the 104th Congress (1995). Believe it or not that was Newt Gingrich who actually abolished it. Representative Dan Burton (R-IN) was the last Chairman of the RSC before it was abolished. Shortly thereafter, the group was re-started as the Conservative Action Team (CAT) under new founders, Representative John Doolittle (R-CA), Ernest Istook (R-OK), Sam Johnson (R-TX) and Dan Burton (R-IN). Representative John Shadegg became the CAT Chairman in 2000 and returned the group to its historic name, the RSC, in 2001. Representative Shadegg was succeeded by a number of reps. The current Chairman is representative Kevin Hern of Oklahoma.
Evan Nappen 26:55
Now, they put together an extremely comprehensive report. You can go to their website, just Google the Republican Study Committee, and you can read the entire report. They go through all kinds of great conservative ideals and values on economics, on the budget, on spending, on various freedoms, liberties, basically an entire position. It’s really great stuff when you read it. But what I want to focus on is what the RSC has to say about protecting the Second Amendment. As we can get a more conservative Congress which we can change with the upcoming election, then we have much greater ability to get the conservative right goals accomplished regarding the Second Amendment.
Evan Nappen 27:49
So, let me show you what they have to say about it. I think you’ll be pleased. The Second Amendment, according to the RSC, according to their report, ensures the protection of our God-given constitutional rights from would-be tyrants. That’s pretty good language right there. We don’t know any tyrants now, do we? Right. “Tragically, the Second Amendment is under siege from the Biden administration.” Oh, interesting that they follow the tyrant’s language with that line. “The RSC Budget opposes the Biden Administration’s crusade to infringe on Americans’ right to bear arms, including recent actions such as the ATF’s billion-record gun registry . . . ” You know, we talked about that. How they created a billion gun records unlawfully. ” . . . that would cover 100% of firearm transactions, criminalizing millions of law-abiding gun owners overnight by making it a felony to own certain firearms with pistol braces, and the so-called ‘Bipartisan Safer Communities Act’, which will do nothing to reduce gun violence.”
Evan Nappen 28:58
They are really right on this, dead on. Under this, it says they would prevent ATF from using records to create a federal firearms registry. “Specifically, it would mandate the ATF destroy all firearm transaction records on file.” Yes, destroy all the firearm transaction records on file. The bill would require FFLs to destroy all transaction records if they go out of business. No more supplying it to the feds to store. No, they abused that. They abused it and illegally compiled a registry. So, no more of that, folks. The RSC also supports Representative Andrew Clyde’s (R-GA) SHORT Act, which would prevent implementation of the pistol brace ban, and the RSC supports defunding the constitutionally-dubious red flag provisions in the so-called Bipartisan Safer Communities Act. Page – 8 – of 8
Evan Nappen 30:08
Man, I’m with everything they’re saying here. “Additionally, today all 50 states and Washington, D.C. issue permits for some form of concealed carry. In a major win for the Second Amendment, the Supreme Court’s decision in Bruen correctly ruled that the arbitrary, anti-gun “may-issue” permit standards, which empowered state governments to acknowledge or not acknowledge one’s Second Amendment rights are unconstitutional. Citizens in these states will no longer have to face an arbitrary decision from state-level bureaucrat to exercise their Second Amendment right. Constitutional carry is also sweeping the country — from two states in 2009 to a majority of the states today. Currently 26 States have Constitutional Carry laws on the books.”
Evan Nappen 31:00
The RSC calls for enactment of Representative Richard Hudson’s (R-NC) Concealed Carry Reciprocity Act, which allows gun owners to defend themselves across state lines while preserving state legislatures’ role in enacting permitting policies appropriate to their state. They would also implement Representative Jeff Duncan’s (R-SC) Hearing Protection Act to take silencers out of the NFA and remove them from regulation under the National Firearms Act, as well as Representative Bob Good’s SHUSH Act, which would deregulate suppressors at the federal level and preempt state laws that regulate, tax, or prohibit the possession of suppressors.
Evan Nappen 31:48
This would legalize suppressors in New Jersey and remove them from the federal act so that gun owners can have hearing protection. And that’s a great thing. Why should we not be able to have hearing protection when we shoot our guns? Could you imagine if every car had to have no muffler? Well, look, someone might rob a bank with a car. We need to hear the car, right? No, you don’t. Okay. This is their ridiculous logic with suppressors as well. It’s hearing protection. I’ll tell you inside a home at night, a suppressor is great. You won’t blow your ears out in your house if you have to defend yourself. It actually cuts down on the flash and keeps it so that you don’t have hearing problems. It also makes it so that you can listen while hunting or listen while you’re in your house, without having to have hearing protection on to block your ability to hear. So, silencers or suppressors are a real good thing, a useful tool. Even in anti-gun Europe, they don’t understand why we have this problem with suppressors. Heck, even in England, they require suppressors on various shotgun ranges, believe it or not. I mean, this is ridiculous, and it needs to go.
Evan Nappen 33:13
Everything that the RSC stands for I totally support. They did a great job. Let’s hope that the conservative voice there can rule the day, and we can get these great protections to our Second Amendment rights enacted. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 33:44
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.