Gun Lawyer Episode 141
gun, antis, term, talking, gun rights, new jersey, law, firearms, gun laws, rights, great, guns, words, firearm, anti, call, attorney general, lawyer, automatic firearms, book
Speaker 3, Evan Nappen
Evan Nappen 00:00
Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, you know one of the things that has me concerned is when I hear how words have been hijacked by the antis and how the antis use pejoratives. They’re really quite expert at using and creating terms that help push their agenda. And unfortunately, we’re not as good as they are. We need to get our language to express what the truth of these things really are and not fall for their propaganda words. I mean, unfortunately, these words end up taking hold and their co-conspirators in the media end up using these very politically charged, designed words to help kill our rights. We need to make sure that when we speak, we try not to use the words that the antis use. Now, sometimes we have to use them, because it’s literally what the law is. In other words, the law itself has taken that word and made it an actual defined term, which is kind of doubly disgusting when you think about it.
Evan Nappen 01:48
But let me tell you some interesting words. Words that are utilized by those that want to take away our rights. I try to specifically train myself now to not use their words and instead use these other words. So, let me show you some very important examples that you can train yourself when you speak. Because, you know, we all love our gun rights, and we end up talking about these issues at the dinner table, family gatherings, wherever, even in court. We don’t want to, if we can avoid it, use the pejorative terms that the antis use.
Evan Nappen 02:33
I remember in law school, we had a great professor, Professor Silverman. He had a big walrus-type mustache. I loved this guy. He was hilarious. He was great. He always told us interesting stories and jokes and had a lot of knowledge. He was a great teacher, and we just loved the guy. He was one of my favorite teachers in law school. Silverman, one of his favorite jokes was, what’s the difference between a lawyer and a rooster? The answer is a rooster clucks defiance. And you can fill in the rest. But that’s kind of stuff that he did. But I remember he would always say, what’s the difference between a pejorative, a neutral word, and a euphemism? And those are the keys. What’s the euphemism and pejorative? He would give the following example. He’d say horses sweat, men perspire, but women glow. So, that was his great example of pejoratives and euphemisms, and it’s true. Page – 2 – of 9
Evan Nappen 03:57
And what the antis do is, they try to use pejorative terms or terms that trigger an emotional response. Because remember, the antis are never from a position of truth, or a position of logic, or a position of reason. They just run with emotions. That’s why every time there’s a so-called mass shooting, they’re doing the blood dance. They’re jumping on the emotions and trying to capitalize. They never let a good tragedy go to waste, as they like to say, and that’s because their entire thing is just by emotions. It has nothing to do with reality and the truth as we know, that’s what our rights are all about. So, part of this is words. You want to use words that don’t continue to create pejoratives or scary emotions in people.
Evan Nappen 04:57
Let me give you an example. One example that’s current and very much talked about these days is, oooohhh, “ghost guns”, “ghost guns”. You know this term, again, contrived by the antis and used to scare people. You know, scary ghost, ghost guns. It’s a ghost. You can’t even see them. They’re ghosts. Now, you know, we’re just like, what? Instead of using the term, “ghost guns”, we, as Second Amendment advocates, as those who want to preserve our rights, you need to call those type of guns, “privately manufactured firearms”. That’s what they are. They are PMFs, Privately Manufactured Firearms. Once you put that term out there, when you use those words to describe it, Privately Manufactured Firearm, suddenly, individuals can see what the antis are really trying to do. Force us only to buy commercially made firearms. Why should we, as Americans, be forced to have to buy some company’s guns? I mean, look, plenty of companies make great guns. I’m not against owning guns made by companies. But still, there shouldn’t be a prohibition on privately manufactured firearms. And, you see, when we use those kinds of words instead of their words, it helps us win arguments.
Evan Nappen 06:31
Take the term, “assault firearm”, or “assault weapon”. Now, that’s a contrived term. It was originated or coined, the best I can tell, by Josh Sugarman. At least he’s the one that made it very popular. He wrote Assault Weapons and Their Accessories, and he wrote this piece as a pamphlet back before Patrick Purdy shot up the schoolyard in California (17 Jan 1989). If you read it (his pamphlet), it even says in there that he knows that the public generally will be fooled. He literally admits it. They’ll be confused because they don’t understand the difference between semi-automatic firearms and fully automatic firearms. Right from the get-go, their entire issue is known to be fraudulent and known to be just something to take advantage of the public that doesn’t understand guns and in so doing calling them “assault weapons”.
Evan Nappen 07:41
Now, assault weapon or assault firearm, well, of course, the genuine or original assault rifle was the German Sturmgewehr. The Sturmgewehr was the assault rifle. Initially, the idea of a rifle firing a medium powered cartridge for more of an urban conflict, CQB, etc. And it was a concept that eventually led to other firearms, even the development of the AK-47, etc. Now the point is a Sturmgewehr was a fully automatic and a semi-automatic firearm. You could fire it semi- automatically or fully automatically. True, assault rifles essentially have the machine gun function, but by hijacking and then calling it even better, assault weapons, oh, they are assault weapons. Now, you got weapons in there too, because they’re scary weapons. This becomes the antis ploy. And what’s particularly troubling about that term is that New Jersey passed a law banning “assault firearms”. Literally, the term assault firearm is a term of Page – 3 – of 9
legal significance now because it is a term that creates a prohibited weapon that is actually defined under New Jersey law. So, we’re kind of stuck having to call these semi-auto only firearms, assault firearms, when talking about legal issues in New Jersey.
Evan Nappen 09:33
But if you’re not specifically talking about a legally defined item that the legislature has taken an anti-gun pejorative in making its actual legal definition, then a far better term for so-called assault weapons is Modern Sporting Rifle That’s right, an MSR – Modern Sporting Rifle. Now think about that. That term way better expresses the truth about semi-automatic firearm today. It’s modern, right? It’s a sporting arm, because we use it in that regard for target shooting, for hunting, etc. And of course, we do use it as well for self-defense. But it’s still a way better expression. We’re sticking with rifles, because people own rifles, hunters’ own rifles, etc. So, a far better term than assault weapon is modern sporting rifle. You want to try to train yourself to use these words when you can.
Evan Nappen 10:48
I’d like to point out an excellent article, an excellent piece, by my friend Alan Corwin at Bloomfield Press, and you can find it at gunlaws.com. He has what he calls the “Politically Corrected Glossary of Terms”. (https://www.gunlaws.com/politicallycorrect.htm) Alan is really great with this stuff. He is super smart on these kinds of things, and I’ve always learned from Alan a lot of interesting things. So, if you check it out, you’ll get a kick out of what he has to say. I’m not going to, of course, talk about his entire glossary, but he does have two very interesting charts. I mean, it’s well worth reading the whole glossary, absolutely. But these charts make it clear about what they want you to say, but what’s better to say. The same kinds of things that we’re talking about now, and he gives some other great examples that I want you to think about. I’d like to discuss with you.
Evan Nappen 11:47
For example, they want you to say that you’re pro gun. But Alan says, it’s better to say that you’re pro rights. And that is true. You want to emphasize not guns, but rights because people normally like having rights and don’t want to lose their rights. If you’re pro rights, you can even blend it, you are pro gun rights, or pro Second Amendment rights, but you’re better off using the word “rights” or incorporating into anytime you’re talking about being pro gun, you’re talking about being pro gun rights, pro rights. He’s absolutely correct here in that very important distinction. For example, he says, “gun control”. Now, that’s what they want us to say, “gun control”. But as he said, it’s better to say, “crime control”. And that is true, because it’s not guns, it’s crime.
Evan Nappen 12:51
I often use this whenever I hear the antis talk about “gun violence”. They’re trying to isolate, again, that guns and violence and equate them and always put them together and put violence and make it a negative. I’m not against gun violence. I’m actually in favor of gun violence when it’s used appropriately, such as when you’re lawfully allowed to use deadly force to defend yourself or your family, your loved ones. And by all means, I’m going to use gun violence on the bad guy, and there’s nothing wrong with that. But it’s not gun violence that you want to categorize this as. What you want to say is “criminal violence”. Okay, criminal violence. The same with “gun control” versus “crime control”. So, instead of talking about gun control, you talk about crime control. This is critical in disciplining ourselves to try to Page – 4 – of 9
use these words that better express where we’re coming from, and not get sucked into the anti-gun trap. And here I just said anti-gun, but there it is. They’re anti-gun rights. So, even that.
Evan Nappen 14:09
In the article, it says anti-gun movement. That’s what they want us to call it. But really, and this is cool, it’s the anti-self-defense movement. I liked that. I liked that a lot. Because self-defense is what most people believe in. Most folks believe that we have you have a right to defend ourselves, and when you talk about it being anti-self-defense as opposed to anti-gun, it’s much smarter, much better use of words. It’s getting away from their tactics to control the language. Instead of a semi- automatic handgun, say sidearm. Yeah, what we’re talking about here is handguns, and sometimes you just talk about just handguns. But if you talk about semi-automatic handguns, I think you know, depending on your audience, but often that will be used to still try to say it’s a semi, the gunman had a semi-automatic handgun. You’re going to respond to it. You know, he had a sidearm. He had a sidearm. And you see, it’s important to get this in your head.
Evan Nappen 15:28
He talks about lethal weapon. Instead of lethal weapon, it’s a household firearm. We’ve got to ban junk guns, junk guns. How about affordability or an affordable firearm? Why do you want to ban affordable firearms? Use affordable instead of junk. We talk about “high capacity magazines”, and he suggests “full capacity magazines”. Also, you can use standard capacity magazine. But unfortunately, large capacity magazine like assault firearm is an actual legal term in New Jersey. So, we are stuck to some degree in having to call it a “large capacity magazine”. But again, get your mind thinking about the words that you use. I have some others to share with you, and I have some interesting letters from listeners. We’re going to get into that when we come back.
Speaker 3 16:38
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, the deck is already stacked against you. You can find him on the web at EvanNappen.com or follow the link on the Gun Lawyer resource page. Evan Nappen – America’s Gun Lawyer.
Speaker 3 17:52
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast. Page – 5 – of 9
Evan Nappen 17:58
Welcome back to Gun Lawyer. I’m Evan Nappen, and I appreciate my listeners so much. It gives me the opportunity here to share some of my thoughts regarding our struggle for our rights. And of course, helping us in that struggle are our sponsors of the show, who I also greatly appreciate. That includes the Association of New Jersey Rifle & Pistol Clubs, which is found at anjrpc.org. The Association of New Jersey Rifle & Pistol Clubs is the gun rights organization, the largest gun rights organization, in New Jersey. They are the NRA affiliate, and they have made a tremendous impact in New Jersey for our gun rights. Every one of you needs to be a member. If you’re not already a member, I know you’ve heard me say it, you need to join the Association.
Evan Nappen 18:08
If you want to see a key example of some great work right away by the Association, just look at how working with the Association and through the Association with my good friend and colleague, Dan Schmutter. We were able to get the Attorney General to issue guidelines removing literally millions of firearms from the No Serial Number (NSN) gun ban. If any of you need more information on that, you could listen to last week’s show where we got into that in detail. But credit there goes to the State Association, the Association of New Jersey Rifle & Pistol Clubs. Without them, we would not have been able to achieve that. So, that’s just one example. They’re in Trenton with a full-time paid lobbyist, keeping an eye on legislation and letting members know with alerts about action they can take and things you need to know to protect yourself.
Evan Nappen 20:12
They’re in the courts litigating as we speak. They’re running the Carry Killer challenge to Murphy’s anti-Civil Rights law to take away our Carry, a utilitarian value to our carry permits with their idiotic garbage can law. The Association is in court fighting on the constitutionality, as we speak, on New Jersey’s so called “assault firearms” and “large capacity magazine” bans. Yep, they’re doing that. Please join. Please be a member. It’s the minimum you can do so you can be part of the solution by doing that.
Evan Nappen 20:59
I also want to thank greatly my good friends at WeShoot. WeShoot is an indoor range in Lakewood, a phenomenal facility there. They can assist you in your training, and they can get you certified for carry licensing. They can train you whether you’re just a total novice so you’re familiar and learn safety and how to handle firearms right from the beginning, how to do it right. They are a great outfit convenient to Monmouth County and Ocean County, places where it’s pretty crowded, and it’s hard to find a good place to shoot. Well, now you know. You’ve got WeShoot. Check out WeShoot at weshootusa.com.
Evan Nappen 21:47
And you know WeShoot, by the way, is running some special sales, and they always let listeners of Gun Lawyer know about them. The summer sale right now is 12% off all 9mm firearms, including carbines. All 9mm firearms, including carbines. Take a look at their website. You can check out the banner there for details. And look, if you don’t have a Firearms ID Card yet or a gun purchase permit. If you have a Firearms ID Card, but no handgun purchase permit, they’ll hold the gun for you for up to 90 days. So, if you have your ID Card and you find a really great 9mm handgun at WeShoot, and you’re like I want to get this and it’s on sale, it’s a great deal. But I don’t have a pistol purchase permit. That’s Page – 6 – of 9
okay. They’ll hold it for you for 90 days. You can take advantage of the sale, still get the sale price, and still get the gun at a great deal. So, check out WeShoot for the great guns that they have for sale. They have an awesome facility, and the training that they offer there is a great service. It is in and of itself a helpful defense of our Second Amendment rights because without a place to shoot, it’s hard to exercise your rights and to do it effectively. So, check out WeShoot at weshootusa.com.
Evan Nappen 23:29
Let me also add that you can buy my new book. That’s right. It’s time for me to shamelessly plug my book. My book is New Jersey Gun Law, and it is the 25th Anniversary Edition. I’m super proud of it. It is a labor of love. And I mean that. My entire life, my career, my calling is defending New Jersey gun owners and fighting for our Second Amendment rights. Practicing in that very area. That’s what I do. That’s what I focus on. It’s what I care about. This book is the book. You won’t find any book like it, even close, in New Jersey to understanding New Jersey gun laws. It’s 120 topics, all question and answer explanations. Then in the back are the actual laws.
Evan Nappen 24:25
If you want to remain a gun owner in New Jersey, where you don’t violate this weird, bizarre and tricky matrix of gun laws that New Jersey has, you need this book. It is a guidebook used by 1000s and 1000s. Law enforcement, judges, other lawyers, shooters. All kinds of folks rely on my book, and I appreciate it. I wrote it for that reason. So, it can be user friendly. You can understand New Jersey gun laws and the best thing to me about the 25th Anniversary Edition is that it has a QR code right on the front. You scan it with your phone. Right to that QR code. Then you get to subscribe for free to the Subscriber Portal where you get all the updates for free. Within 24 hours of the law changing, I send out that alert. I try to get it out within 24 hours. The update to that book, the warning, whatever happened in a court that changed the law or in the legislature that changed the law, or some promulgation or guideline that changed the law, whatever it is affecting your gun rights, I send out that alert. For free to all the subscribers. You get to go to the Portal, Download and Print. You stay current with this book.
Evan Nappen 25:54
It is the only book of its kind designed for gun owners focused on New Jersey gun law. So, you can stay as current as possible. And that’s what I do for you. So, if you’re interested in getting this book, which you really should have, because you will see just how useful it is, you can go to my website EvanNappen.com. I mean, I get tons of compliments and thanks from people all the time, and I love hearing that. I really do. I really do. It means a lot to me. And I just want you to know, but that’s what’s being said about this book, because it is just that helpful. It’s the key. You can go to my website at EvanNappen.com. You’ll see the book there, click it, and you can buy the book. It’ll get shipped to you, and you’ll have it within just a matter of days. Get the 25th Anniversary Edition. It’s over 500 pages. It’s a big book, over 500 pages, to explain all this topic by topic. People say the book is so big it’s a weapon in and of itself. I guess it is if you hit somebody on the head with it. It can do quite a job. I’m not recommending you do that. though. But I do recommend that you get the book. So, check out that.
Evan Nappen 27:08
You know, we’re talking here about how important words are, and you may have heard “Saturday Night Special” for you don’t you know. Oh, it’s a Saturday Night Special. What does that mean? A cheap Page – 7 – of 9
handgun. Well, you know what you call it? You call it “racist gun laws” because that’s what it’s about. Racist gun laws. You know that even the term for real, Saturday Night Special, comes from a derogatory racist term. It is literally derived from n word town. Saturday night. That’s what it’s called. An N word town. Saturday Night Special. That’s where that word comes from. And it got shortened Saturday Night Special, folks. Yeah, it’s about as purely racist as you can get in its evolution. Yet, you’ll still hear the left talking about Saturday Night Specials. We got to ban those. Do you know what they are really saying? They’re really saying just how prejudiced they are.
Evan Nappen 28:16
But of course, Democrats are the historic party of prejudice. Let’s face it. They were the Confederates. They were all southern Democrats. The KKK was founded by Democrats. Wilson who really brought segregation, Democrat President Wilson, played “The Birth of a Nation” in the White House, a pro KKK movie that started the second Klan. They were Democrats. Robert Byrd, you know, was the Grand Wizard of the group. Yet, Republicans are racist, you know. That always makes me laugh. It’s exactly the opposite. And here’s a gun term that is just deep in racism. So, let’s call it out for what it is – racist gun laws.
Evan Nappen 29:00
How about the talk about reasonable gun law? “We’ve got to have reasonable gun laws. We just want reasonable, common sense, reasonable.” Do you know what that is instead? It’s called victim disarmament. No, no, you want victim disarmament. Nothing reasonable about it. We don’t call it reasonable gun laws. There’s no such thing. It’s victim disarmament. What about gun control laws, about just the phrase gun control laws? You call them infringement laws. That’s what it is. They’re just infringement. Why? It’s bringing in rights, talking about rights, rights being infringed. It’s infringement laws. You know, instead of calling someone anti-gun, call them an anti-gun bigot. That’s what these folks are. They’re bigots. They’re bigots against our rights, bigots against us. They are anti-gun bigots. So, instead of calling someone anti-gun, don’t stop there, you call them anti-gun bigots. Or anti-gun rights bigots? That’s right. Or anti-gun prejudice. They have an anti-gun prejudice. Or they’re just flat out anti-rights. They’re just anti-rights. You’re anti-rights. Oh, I’m against guns. No, you’re anti-rights. That’s what you are.
Evan Nappen 30:25
See words, man, words. This is the key – the words. Do not underestimate the power of words. This whole radio show is about words. We use words here, folks, I’m sure you know. And words are important. How you say it and how you express it are critical in our fight for the Second Amendment. This is just a little sampling of what Alan has in his “Politically Corrected Glossary of Terms. Very good, really well thought out, and thought provoking. Think about it, when you hear the pejoratives from the antis. Think about words that are far better, so that we don’t fall into their trap.
Evan Nappen 31:16
You know, I’ve gotten some great letters. I love hearing from my listeners, and I read them all. I appreciate them, and I wish I could discuss every one of your letters. But I do have some letters here, at least. This here’s one that’s really important. And it’s from George, regarding the agency’s decision to change 2C:39-3, that’s the agency’s decision to change the interpretation, or at least clarify the Page – 8 – of 9
interpretation of the No Serial Number (NSN) gun ban. George says, how does the Attorney General have the authority to rewrite that section of New Jersey gun law? Couldn’t the anti-gun organizations bring a lawsuit against the Attorney General telling him that he has to enforce New Jersey law the way it’s written because that’s the way it was written and the way legislature voted?
Evan Nappen 32:11
Well, that’s a good question, George, and I appreciate it. Let me explain here. It’s not so much that the anti-gunners could, the anti-gun rights folks, could do that. It’s more of a question of if an individual is getting prosecuted because they had their grandpa’s inherited .22 that’s pre 1968, that has no serial number, and some zealous prosecutor wants to prosecute them. Now, keep in mind, prosecutors are separate constitutional officers in New Jersey, even though for the most part, they follow what the attorney general says. So, what if, even if what George proposes where the anti- gunners try to force some type of enforcement or where you’re being, individuals being prosecuted for this, they’re being prosecuted for a firearm that is pre 68 for a BB gun, because of it not being a federally licensed manufacturer? What happens to that case with that individual?
Evan Nappen 33:26
As George says, the attorney general, how does he have the authority to rewrite the law? Well, let me explain the Attorney General did not rewrite the law. The Attorney General put out guidelines on how the law should be enforced. As the chief executive officer on law enforcement in the state, the Attorney General has certain powers so that they can put out guidelines, and they can address to law enforcement and those that have the job of prosecuting, enforcing, arresting, such as police, etc. What needs to be followed and needs to be done by way of guidelines, and therefore explaining the law and how ambiguities or vagueness as well might be interpreted and what is meant here and what the legislature meant. And so, if a challenge were to take place to what the attorney general did to say, oh, no, he’s wrong. He doesn’t know what he’s talking about. These are still what the law is. And there you go. He has no business writing what he writes. Even if that’s the case, even if some zealous prosecutors still want to prosecute someone for their pre ’68 gun and says, I don’t care if the attorney general says. I don’t care. I’m not following it. I’m prosecuting you.
Evan Nappen 34:51
Well, what we have as New Jerseyans, believe it or not, is a defense. A defense that’s found in our statutes. The defense is called ignorance or mistake of law. Now, many of you may have heard all through “your ignorance, there’s no excuse. Ignorance is not.” Well, generally, ignorance of the law is not an excuse. However, New Jersey does have a statute that specifically says when ignorance or mistake of law is a defense. And it is a defense when an individual relies upon an official statement made by someone who’s empowered to make such an official statement. So, the fact that the Attorney General has made this an official statement, and you can see the guidelines right online, if you subscribe, like you said to the portal, you, you can find it right in the portal. You can also find it at anjrpc.org. in their alert. You can see the actual guidelines, the official statement made. And by relying on that, that itself is a defense, even if that guideline or opinion is found to be invalid. So, it still protects. It still does the job. And that’s very important here. That’s why this was quite an achievement in protecting millions of guns and millions of gun owners. And I was proud to be a part of it. I thank many of you, our listeners, who sent me interesting things about it. You know, really great letters and Page – 9 – of 9
expressing your own personal issues about it. Including that recording we played on this show about information that the State Police were giving out about all those things. You made this possible, folks. So, I want to thank you, too. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 37:16
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.