Gun Lawyer Episode 145
new jersey, guns, stamp, gun, gun rights, law, great, jersey, honoring, justice scalia, scalia, post office, folks, id card, subjects, book, second amendment, lawyer, justice, appoint
Evan Nappen, Speaker 3
Evan Nappen 00:19
Hello, I’m Evan Nappen, and welcome to Gun Lawyer. So, I was looking at the news and what do I see? Well, the good old U.S. Post Office has put out a stamp honoring Ruth Bader Ginsburg. (Former Associate Justice of the Supreme Court of the United States) That’s right. A new forever USA stamp honoring Justice Ginsburg. Now, you know, Justice Ginsburg was not on our side when it came to gun rights. It’s always astounding to me how a Supreme Court justice can’t understand the Second Amendment. She took the party line, of course, when it came to that decision, but she is beloved by the left for her issues that they care about, whether it was gender equality and all these other things. She’s a hero to them. I get it.
Evan Nappen 01:27
Actually, one of the greatest things about Justice Ginsburg, also known as the notorious RBG, one of the best things about her was when she was on the court, of course, she could have retired. But she wanted to retire under a Hillary Clinton administration, so that Hillary Clinton could appoint her replacement. Of course, everyone knew in 2016 that Hillary was in the bag and that other guy had no chance of winning. Well, surprise, surprise. Our boy, Don, there, he won, and then Ruth Ginsburg had the decency to pass away during the Trump administration so that her replacement could be Amy Coney Barrett. That also made it possible for President Trump to appoint three (3) conservative justices giving a super strong majority to those that do understand the Second Amendment. Of course, President Trump’s legacy has paid off in no less than the Bruen decision that was written by the great Justice (Clarence) Thomas.
Evan Nappen 03:04
So, I’m looking at this article, and I was talking with my brother, Louis, and Lou came up with a great idea. He said, hey, how come we don’t have a stamp honoring Justice (Antonin) Scalia? (Former Associate Justice of the Supreme Court of the United States). That’s right, folks. The majority opinion writer of Heller, in the Heller decision, the landmark decision on the Second Amendment. Think how amazingly influential and important Justice Scalia was. He had an influence over the Court, an influence that is restoring the Constitution to America. What we need is a stamp honoring Justice (Antonin) Scalia. If they can do a stamp honoring Justice Ginsburg, who by the way died after Justice Scalia, then we sure as hell can get a stamp and should have a stamp honoring Justice Scalia. You know, Justice Scalia was a Jersey boy. Did you know that? That’s right. He was born in Trenton. That’s Page – 2 – of 8
where he was born. He was a devout Catholic, and he attended the Jesuit Xavier High School. His whole upbringing. He eventually graduated from Harvard, and he became the Assistant Attorney General.
Evan Nappen 04:56
He was one of the faculty advisors to the beginnings of the Federalist Society. And guess who appointed Justice Scalia as a judge of the U.S. Court of Appeals? President Reagan. That’s right, President Reagan appointed Judge Scalia. And you know, the thing about Scalia that is so important is his conservative jurisprudence. Because what he advocated was textualism in statutory construction and originalism in constitutional interpretation. These concepts are what is empowering the current Court and getting these great originalist Constitutional decisions coming out of the court, such as Bruen, for example. Now, his cases, he had a number of landmark cases. He’s been an amazing and important contributor to American law, American jurisprudence, and most importantly, the protection of our Constitutional rights. Having that guarantee that those rights give us becoming enforceable and getting meaning to them.
Evan Nappen 06:26
So, D.C. versus Heller was the landmark case and is considered one of his top opinions that he’s written. Of course, we in the world of guns love him. He is absolutely a hero to the Second Amendment, as is, in my view, Justice (Samuel) Alito, for his decision in writing the majority opinion in the McDonald case. Of course, the amazing Justice (Clarence) Thomas wrote the majority opinion in Bruen, but we could not have that trifecta right there, the trifecta of Supreme Court cases wouldn’t exist without Justice Scalia and the Heller decision. So, how do we get Justice Antonin Scalia to be honored by the U. S. Post Office and do a stamp honoring him, as is well deserved? Frankly, more deserved than Ruth Bader Ginsburg, that’s for sure. How do we do this? Well, this is where I need your help. We’re starting this idea here on Gun Lawyer. Just imagine down the road when that Scalia stamp is put out by the Post Office. Heck, in my law office, I think I’ll buy $10,000 worth of those forever stamps. All the mail we ever send out will have a Scalia stamp on it, and I’m sure many of you would like to have such a thing. It would just be a great message to honor somebody instead of the typical left wing folks that the politically correct Post Office continues to honor ad nauseam. Right? It’s about time they do something for one of ours, and this is the ideal candidate. Someone who really has changed history.
Evan Nappen 08:49
So, how do we do this? How can we get this to happen? Well, let me tell you, folks, if you go to the U.S. Post Office website, there is actually, and I’ll put the link in our transcript for Gun Lawyer. https://about.usps.com/who/csac/#process. But you can just google this. It’s under the stamp selection process. This is right on their website, and here’s what the Post Office says. “The Postal Service welcomes suggestions for stamp subjects that celebrate the American experience. Any proposal that meets the established criteria will be considered. If you’re interested in submitting an idea, please follow these four steps.” Folks, I say we inundate them, inundate them, with requests for Justice Antonin Scalia to be on a postage stamp and honored by the Government via the Post Office. So, what are the criteria? Well, they lay out the four steps. Number one, carefully consider the criteria for appropriate stamp subjects (see subjects selection criteria). We’ll talk about that in a moment. Second, submit your proposal in writing by U.S. Mail. No in person phone calls or appeals or emails. Of course, you can’t Page – 3 – of 8
email the post office or call. They’ve got to make money even on the suggestion. So, snail mail it is. But there you go. When you send it, do not use a Ginzburg stamp on your envelope. I’m just kidding about that. I don’t think that matters. But it has to go out by U.S. Mail.
Evan Nappen 10:37
Include pertinent historical information and important dates associated with the subject in your proposal. You can wiki Justice Scalia. You can read all about him. His biographies are all over. Amazing man, amazing jurist. Someone who is a hero to us. Spell this out and put it in your own words. Let the Post Office know why you believe this would be good. Then it says, mail your suggestion, one topic per letter to the address below. The address is “Stamp Development, Attention Citizens’ Stamp Advisory Committee, 475 L’Enfant Plaza SW, Room 3300, Washington DC 20260-3501. This address and the criteria are, of course, on the Post Office website. So, send your request to honor Justice Antonin Scalia.
Evan Nappen 11:51
Now, what did they say is the criteria that they’re considering here? Well, the Post Office has what’s called a Citizens’ Stamp Advisory Committee, and they have certain basic criteria to be used in determining the eligibility of subjects for commemoration on U.S. stamps and stationery. Now, we know they’ve done Justice Ginsberg, and so, we know they do Supreme Court judges that are deceased. Scalia fits that category. But the Post Office says number one, “U.S. postage stamps and stationery will primarily feature American or American related subjects.” Well, Scalia qualifies. He’s an American. “Other subjects may be considered if the subject had significant impact on American history, culture or environment. The Postal Service will honor extraordinary and enduring contributions to American society, history, culture or environment.” Boy, Scalia fits the bill there to a “t”. Think of how much influence he’s had on these issues and on the Court itself. “U.S. stamp programs are planned and developed two or three years in advance. In order to be considered, subject matter suggestions should be submitted three or more years in advance of the proposed stamp.” Well, the sooner we start, the sooner gets the ball rolling. I mean it, folks. Send in that request. I know I am.
Evan Nappen 13:20
It says living people won’t be considered. Well, that’s fine. And it says events of historical significance would be considered, but we’re going to go for a person, a person. Then it goes on to explain more about the program. But it’s the basics, history. But the program commemorates positive contributions to American life, history, culture, and environment. And that’s what we can give them so that Justice Scalia has a stamp honoring him. He fits the bill. Let’s make this a movement. Let’s see if we can get our friends and others to send in these requests and show them that we care. Just think about how great that’ll be to have a Justice Scalia stamp. The man who gave us the Heller decision. The man who finally made the Second Amendment what we all knew in our hearts that it meant. That it is and always has been, an individual right. Not a collective right, but an individual right. An individual right that isn’t about duck hunting or deer hunting, but about the true meaning of the Constitution, and why our Founding Fathers made it the Second Amendment. It is something that we, as gun owners, cherish and believe in with all our heart. It’s Justice Scalia that empowered it through the Supreme Court, and we’re seeing the fruits of his opinion and its impact to this very day. That legacy is continuing with every case that gets fought and in every victory that gets won. This is a man that deserves our attention, and a Page – 4 – of 8
man that deserves our promotion. It’s something that the rest of America needs to be well aware of. To demonstrate just how important and how much we love and appreciate what Justice Scalia did for us and our rights. When we get back, I have some interesting Ask Evan letters, and some other things that I’m sure you’ll find just fascinating.
Speaker 3 16:13
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 17:27
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast.
Evan Nappen 17:42
So, I really appreciate our sponsors. They make this show possible. Particularly, of course, the great Association of New Jersey Rifle & Pistol Clubs. The premier gun rights advocate for New Jersey. They are our state NRA, and every one of you should be a member. No exaggeration and no joke. You need to belong to the Association. It’s anjrpc.org. They’re the folks that are in Trenton with a full time paid lobbyist watching and letting us know with alerts anytime Trenton tries to make some nasty move on our rights. They’re the folks that are there in the courts litigating, litigating against the Murphy Carry Killer anti-Civil Rights bill, litigating against the so-called assault firearm ban and large capacity magazine ban, which we prefer to call standard capacity. But there you go. These are just a few examples. They are there. They’re the reason we were able to fix the No Serial Number (NSN) gun ban. It had banned millions of guns. The Association is there for you, and you need to support it. You need to be part of this solution. So, please join the Association of New Jersey Rifle & Pistol Clubs. anjrpc.org They have a fantastic, best newsletter in the state on gun rights. They have email alerts to let you know what’s going on. You can be proud to know that you are helping in the fight. So, check out anjrpc.org.
Evan Nappen 19:32
Also, I want to thank WeShoot. WeShoot is an indoor gun range in Lakewood. They have top of the line facilities and trainers and just a great place. Located right there in Lakewood. Easy to get to from Ocean County and Monmouth County. You know our ranges are so important, and it’s difficult to find good places to shoot in New Jersey. Here we have a great resource at WeShoot where you can practice and enjoy shooting. You can get the certifications and training that you need, so that you know Page – 5 – of 8
how to properly and safely use guns. You can get certified to get your carry permit. You need that training, and they are certified trainers. They’re recognized by the State Police as a facility, as an authorized range. Go there, get your credentials, and you can get your permit to carry. They’ll help you to do that. They have a great staff. By the way, WeShoot is also running some important sales that I want to bring your attention to, and maybe you want to take advantage of this. There’s 12% off all 12 gauge shotguns. Look at that, 12 for 12. Right there – 12% off all 12 gauge shotguns. That sale is on until August 6. So, get down there and get a nice 12 gauge shotgun at a good discount. They’re also doing 15% off all AR-15s. So, it’s 15 AR 15s. They have AR-15 platforms that are completely Jersey compliant, Jersey legal. You know that the gun they sell you is 100% legal in Jersey, and you can still enjoy the shooting of the AR-15 platform and get 15% off. Then they have 20% off selected custom and specialty guns. The AR-15 sale goes until August 20, and the 20% off selected and specialty guns goes until September 3. Get down to WeShoot and get some great shooting in at the range and pick up a good bargain on any of these great guns. So, make sure you go to WeShoot. They support Gun Lawyer and help make it possible so that I can tell all my great listeners about all these interesting things that never seem to end in New Jersey and in the area of gun law. I want to tell you as well that the WeShoot, check out their website. I mean it. They have really excellent photography. They really pride themselves on that. You can go to weshootusa.com, weshootusa.com. Check out their website, pay them a visit, and you’ll be glad you did.
Evan Nappen 22:43
Now is, of course, the point when I shamelessly promote my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law. It is the 25th Anniversary Edition. It’s over 500 pages long, and it explains over 120 New Jersey gun law topics in question and answer format so that it’s easy to understand. When I put this book together, I said I wanted to make a tool that average citizens could read and get an understanding of New Jersey’s insanity and avoid becoming a law-abiding criminal by falling into the traps that New Jersey gun laws lay out. If you just wanted to understand New Jersey gun law and you said Hey, I’ll just read the statutes, you’re not going to understand gun law by doing that. Or I’ll just read the case law. Well, you’re still not going to understand the gun law by just doing that. Well, I’ll read the Admin Code. Boy, if you read the Admin Code now, it’s completely out of date and doesn’t make any sense. Yet the State Police extended it so you would not only not understand it, but you’d also be getting wrong information there. So, how do you know? Well, that’s why I wrote this book. You can read the Q&A and get an understanding of the subject. Then the various laws and things that I discuss here, you can independently look at them, if you wish. But this way you get an understanding. It really has worked. It has helped, and I’m so proud of this, it’s helped 1000s and 1000s and 1000s of New Jersey gun owners and others to understand, to the best degree possible, New Jersey’s insanity and their gun control schemes. I want you to be protected. I want you to know the law.
Evan Nappen 24:39
The best thing about the new addition is the QR code right on the front. You scan that and subscribe for free to the Subscriber Portal. It’s free. You’re going to get immediate releases by email. You’re going to be alerted anytime there’s an update to the book. Anytime the law changes, either by a case or a ruling or a new law, you name it, you’re going to know, and your book is going to stay up to date. This way when you buy the base book, you get the updates, and you stay current. So, the question people ask is how can I stay current? How can I know what the current gun law is in Jersey? How can I know this? Page – 6 – of 8
I’ve given you the way with the book, New Jersey Gun Law. Just go to EvanNappen.com. That’s my website, EvanNappen.com. You’ll see the big orange book there, click it, and order it. You’ll be glad you did. Now, once you get the book, I have to warn you about something. Do not lend it to anybody. Because I’ve heard it over and over again, if you lend it, you never get it back. So, get the book and keep it yourself.
Evan Nappen 25:53
Hey, I have a letter here, and this letter is from James. James says, regarding moving to New Jersey. I need a little more detail than what’s covered in your book. If you’re moving to New Jersey, will you meet the registration requirement if you obtain a New Jersey Firearms ID Card and use the Voluntary Form of Register for pistols? Or do you need to go through a NJ FFL? If so, can you bring the pistols to a dealer yourself? Or do you need to transfer to an FFL? Okay, well, here’s the deal here. Actually, I think the book explains it pretty well, but I’m happy to answer your question. Here’s the deal. You do not have to go through a dealer. Do not go through a dealer. What you have to do if you have the unfortunate need to have to move to New Jersey, oh boy, but if you do and you have guns, then here’s the requirement. Number one, if you bring those guns to Jersey, you have to get a Firearms Purchaser ID Card. You can get a New Jersey Firearms ID Card even as a non-resident before you move to New Jersey. You can get a Firearms ID card as an out-of-state resident, not a problem. It’s the same ID card that residents have, just for out-of-state residents. When you move to New Jersey, you can put in and do a change of address for your ID card. But you’ll still be an ID card holder. Because in order to register your guns in New Jersey, you have 60 days from when you move to New Jersey, 60 days to register your guns. But in order to do that, you have to first be a Firearms ID Card holder. So, I’ll tell you what. If you didn’t know what I just said and you just moved to New Jersey, good luck getting a Firearms ID card in 60 days so you can register your guns in time. It’s another Jersey trap, set up to catch the unsuspecting.
Evan Nappen 28:02
So, if you’re planning to come to Jersey and move here, plan in advance and get your ID card even as a non-resident upfront. You’ll then be able to comply with the law in a timely manner. If not, hey, that day you move in and you’re getting all your furniture set up and everything and it’s a huge pain, you’re going to have to start right away applying for a Firearms ID Card and hopefully get it in time so you can register it in time. Isn’t that nice of them? Well, this is what Jersey does. They require folks moving to New Jersey that have become new residents to register their guns. Yet, residents of New Jersey, folks that are already residents, don’t have to register their guns. So, it is a gun registration requirement only placed upon new incoming residents who are bringing their guns into New Jersey. Talk about an equal protection violation. But Constitutional things like that never stopped New Jersey from enacting any law they want constitution, schmalz Constitution, right? That’s Jersey’s attitude.
Evan Nappen 29:12
In the meantime, unless you want to become the test case and you want instead to obey the law, that’s what you need to do. You need to take those steps to ensure that you’re legal. It is yet another hurdle. Another matrix to navigate that New Jersey lays in our path. There are so many of these laws in Jersey. There’s so many tricks and traps. This is why that gun law book is indispensable, and I’m glad that you have this book, James. I’m glad that you were alerted even because of the book to what you need to Page – 7 – of 8
do. Because folks that come here have no clue that they have to do this, and end up having some issue where the law ends up with their guns, guess what? Now it’s compounded. It’s compounded with more violations, more problems, where there’s going to be an attempt to take your gun rights.
Evan Nappen 30:14
So, let me talk about taking your gun rights in Jersey. A case recently came down where the Court said that if you are disqualified for your license, the court can order your guns to be sold. The court has the nerve to say that ordering you to have your gun(s) sold with proceeds coming to you is not a forfeiture. Can you imagine that? That’s not a forfeiture? Leave it to New Jersey to say being forced to dispose of your property at what would be a loss in value because now you have to sell your guns and what are you going to get? You’re not getting the price you paid for them new. You can be forced to do that and be hammered with that loss. And it’s not a forfeiture. So, here’s a lesson from this case, and I need to make this clear to you folks. It really is important. Never voluntarily have your guns taken. If you’re required to turn over your guns like as a condition of bail or because of a TERPO (Temporary Extreme Risk Protection Order) or a domestic violence restraining order mandates that you turn over your guns, you are going to have to turn over your guns. Otherwise, you’re going to be held in contempt and criminally charged, etc.
Evan Nappen 31:48
But there are many times in New Jersey when individuals did not have to turn in their guns. Yet they or someone in their household, voluntarily surrenders the guns to the police. Thinking, well, I’ll just cooperate. Just cooperate and give up my property and my rights even though I don’t have to. Isn’t that good of me? By doing that, they screw themselves. They screw themselves because under the MU case, which our firm won, if you have a licensing denial, it does not necessarily disqualify you from gun possession. Being prohibited from getting a license is not necessarily the same as being prohibited from possession. So, if you still have your guns, even though there’s a revocation procedure to take your license away, even if they take your license away, depending on what the basis is, but assuming it’s not because of a per se prohibitor like you’re a convicted felon. Well, if you’re a felon, you can’t have guns, so you’re done. But over some arbitrary-type decision of public health, safety, welfare, some abused arbitrary garbage like that, that costs you your rights in Jersey, if you still have your guns, you’re not prohibited from your gun possession because that’s a separate issue of law. But if you’ve given up your guns and then you engage in this fight, even though you’re not prohibited from possession, the guns can’t be returned to you. In order for the guns to be returned to you, you have to be licensed because that’s a transfer. And because you foolishly gave up your guns when you didn’t have to, you now have lost your ability to possess those guns.
Evan Nappen 33:47
So, look, if you end up in a situation where the police want to take your guns, call me right away. Call an attorney that knows gun law, right away, and see if you are required to turn them in or not. If you’re required, then okay, you have to. But if you’re not required, then don’t do it. Make sure that your family members know this, too. Because you’ll end up losing your ability to possess them again, even though it was only a licensing revocation. This is a distinguishing fact. We see this happen in the office, and we shake our heads. We go what a shame because there was no reason that they gave up the guns. Just because the police asked, but there was no requirement to do it. Don’t fall for that trick. Remember Page – 8 – of 8
other than turning law-abiding citizens into criminals and disenfranchising New Jersey citizens of their gun rights, which is New Jersey’s, you know, hobby. That’s what they love to do. The other thing they love to do is steal people’s guns. They love being gun grabbers. So, don’t be a facilitator to New Jersey’s hunger, non-stop hunger, of gun grabbing. Make the right choice and the smart choice. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 35:29
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.