Gun Lawyer Episode 146
firearms, gun, guns, new jersey, folks, law, registration, democrats, handgun, race, carry, black, register, part, permit, gun rights, handguns, poverty, lawyer, number
Evan Nappen, Speaker 3
Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Hey, I have some really big news. Something that I’m very excited about. Gun Lawyer has been rated the number one Gun Rights podcast in the world. That’s right. The number one rated Gun Rights podcasts. This was done by what is called Feedspot. You can go check out Feedspot, and you can look at the 20 Best Gun Rights podcasts. (https://podcasts.feedspot.com/gun_rights_podcasts/) There as number one is Gun Lawyer. The reason it’s number one is because of you, my listeners, and I’m very proud of that. It makes me very happy to know that the word is getting out and that we’re here as a voice protecting the Second Amendment. When Feedspot does their evaluation, they rank by traffic, social media followers, and freshness. In their ranking, they consider expertise and credibility, content quality and relevance, longevity and consistency, and audience engagement. I’m proud to be number one, especially considering how Feedspot does their rankings. So, thank you, my listeners. We want to help the show and continue to make it grow and present to you exactly what that criteria says there. We’re going to continue doing that.
Evan Nappen 01:55
As a matter of fact, I want to discuss with you something recently that the Democrats have proposed. The Democrats have proposed a 1,000% excise tax on so-called assault weapons, which we know are modern sporting rifles, and so-called high-capacity magazines, which are simply standard capacity magazines. This 1,000% excise tax will increase the price of a firearm. If you go and buy a semi-automatic that they arbitrarily declare to be a so-called assault firearm, let’s say it’s a $500 rifle, it will cost you $5,000 because of the excise tax. If you want to buy a $100 magazine, well just add in $1,000 because of the 1,000% excise tax. That will be per magazine, folks. A $1,000 or $2,000 so-called assault firearm will be $20,000. This is the Democrats’ idea which over two dozen Democrats have put this bill forward. By the way, this is the second time that they’ve tried to put this forward. It’s mainly being pushed by Rep. Don Beyer, a Democrat from Virginia, and 24 other House Democrats. This is after over 100 Democrats are demanding that Congress take up anti-Second Amendment legislation to take away our freedoms and liberty. That’s what they love to do, and this is their approach.
Evan Nappen 03:54
This particular approach is particularly egregious, frankly. The reason is not only will it astronomically increase the prices of firearms and magazines to just an idiotic and absurd level, but also, frankly, it is Page – 2 – of 8
another example of Democrats institutionalizing racism. That’s right. They do this all the time. They promote so-called anti-gun violence initiatives. Of course, as we’ve discussed before, nobody should focus on gun violence. What we care about is criminal violence, but they like to isolate to their little propaganda term of gun violence. This is their response. To essentially make these firearms unaffordable, except for wealthy individuals. The very folks that the Dems supposedly claim to despise, essentially, and always want to make a point about this class warfare. Well, let me tell you something, folks. The institutionalized racism comes to the forefront when you look at the very statistics that are involving race. They fail to grasp this or maybe they know it, but they want to just keep everybody here on the plantation, as they say. Because according to the U.S. Census from 2019, blacks in poverty was 1.8 times greater than their share among the general population. Blacks represent 13.2% of the total population, but 23.8, almost 24%, of the poverty population. That’s right. Whites substantially outnumber blacks when it comes to not being in poverty. Blacks constitute virtually 24% of the poverty population for the entire United States. By the way, Hispanics compromise almost 19%, 18.7, 1.5 times more than the general population.
Evan Nappen 06:45
So, by the Democrats proposing a 1,000% tax on firearms and accessories like this, guess who they’re going to disproportionately prohibit from having firearms? That’s right. Poverty stricken minorities that are overwhelmingly more poverty stricken, compared to the rest of the population. This is what the Democrats do, and they couch it in a push to take away Second Amendment rights. They want to start by hammering those folks that need to protect themselves the most. Because I’ll tell you, in those poverty areas, do you think the police there do a fantastic job? Or do you think your personal security and safety depends on you there? But they don’t want you to have a gun. They want to keep you, particularly the poverty-stricken minorities, they want to keep you disarmed. They don’t want you armed. That’s too dangerous, you see. We can’t have that. So, this is what the Democrat masters want, and this is what they push. And you know, you don’t just see it in this one instance. We see it coming out all the time, whether it’s in prejudice for licenses or various other laws that have the same effect. Even when you look at felon in possession laws, as we’ve discussed. Blacks are six times more likely than whites to be convicted felons. Yet, they don’t have a rights restoration mechanism federally. So, you get this disproportionate disarmament going on. And who stops that? The rights restoration, who stops it? Chuck Schumer and the Democrats. They don’t fund the restoration federally. So, again, it prohibits disproportionately the minority population. Democrat racism again. You see it over and over. Here they are with a 1,000% excise tax doing the same game.
Evan Nappen 09:05
But I’ll tell you what, it doesn’t just end here. You can even see some interesting examples of how ridiculous the racism is in our state gun laws. Even how the permitting system applies. I had an interesting situation brought to my attention. Somebody wanted to know, when applying for a Firearms ID Card, you use FARS (Firearms Application & Registration System. This person said I’m Brazilian. Okay, well guess what? When you pull the menu down, the pull down when you are filling out the online application form for a Firearms ID Card or Handgun Purchase Permit and you get to the question of race, it only allows you to select one of the following: Asian Pacific Islander, which includes Asian Indian, black, white, includes Hispanic and Spanish origin, American Indian or Alaskan native or unknown. Well guess what? Brazilian isn’t on a category there. Do you know what Brazilians are? Not Page – 3 – of 8
Hispanic. Don’t make that mistake. They’re not Hispanic, folks. So, this individual originally wrote black, but he was advised by the licensing authority that no, you can’t write black. They said change it to white. So, he changed it to white, and they said, oh, no, no.
Evan Nappen 10:56
You’ve now arguably falsified your application. Because on one you said black and the other you said white. Well, they don’t have a race indication for Brazilian. Because here’s the funny part. Do you know what Brazilians actually are? You can look this up. You can check it out. Under the National Library of Medicine, Brazilians constitute a tri hybrid population. That’s right. Their race is tri hybrid, with European, African and American Indian roots. So, the funny thing is that if you write black, it’s actually technically true, because your part black. When you write white, that’s also technically true, because you’re part white. But they’re also part American Indian. Of course, you have to pick one, and it has to be the one. How do you even know? Yet the only other choice is unknown, but it’s not unknown? Because he knows that he’s Brazilian.
Evan Nappen 11:59
So, this pulldown menu does not address the spectrum, folks. You know, the spectrum, they always talk about? Well, it doesn’t address the spectrum. My question is, well, what is the spectrum? What should this list include? Because why are they even asking race? They shouldn’t even ask race. What does race have to do with anything? Now, if you’re going to tell me it’s about identification. Well, forget it. Nowadays, with all the ways we have of identification. Plus, you have to be fingerprinted anyway. So, there’s your identification. Race here becomes a bar. Something that stops individuals from getting licensed because they don’t cover the race. So, how many ethnic groups, just contemporary ethnic groups, are there? I went and did what everybody else does. I went to Wikipedia, and I looked up a list of contemporary ethnic groups. Boy, if you go to that website and you read what they have. There’s approximately over, I couldn’t be count, over 1,000 ethnic groups. That’d be a hell of a pulldown menu for the State Police to have. Over 1,000 various ethnic groups that you have to pinpoint.
Evan Nappen 13:24
But even better. I went to the Joshua Project (joshuaproject.net) , and they put out how many people groups are there. Are you ready for this? Do you know how many people groups there are in the world, folks? This is from the Joshua Project. “Some say 24,000. Others say 17,000. Some suggest 11.5 or 13,000. Which numbers are correct? There are many ways to answer this question, and it often causes confusion. Yeah, no kidding. This is a problem. It is, again, this entire obsession over race. It’s race getting used to promote anti-Second Amendment legislation. It’s race getting in the way of licensing schemes and allowing individuals to exercise their rights in permitting systems, which themselves are even constitutionally questionable. Yet here on New Jersey’s pull down, you don’t have an answer if you’re Brazilian, folks. And there are many other races as well that cannot give an answer to that question. Because they don’t have “other”. Maybe they should have a line there that says “other”. That would be a nice thing. No, no. Instead, it’s unknown, but it’s not unknown to the person, who simply does not have their race listed. This needs to be changed.
Evan Nappen 15:13 Page – 4 – of 8
I am very happy to say that we are sponsored by the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights defender for New Jersey. They are the state affiliate of the NRA, and they have a full-time paid lobbyist in Trenton. They’re the folks litigating as we speak over the so-called assault firearm ban and so-called large capacity magazine ban. They’re battling for our right to carry and going full bore at the Murphy Carry Killer anti-Civil Rights bill that was jammed through by the Democrats, of course, in the state legislature. They are the folks on the front lines, and they have a full-time paid lobbyist. They also have a fantastic newsletter. You need to be a member. Do your part. Join the Association of New Jersey Rifle & Pistol Clubs. It’s anjrpc.org. Become part of the solution.
Speaker 3 16:24
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 17:38
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts.
Evan Nappen 17:53
So, I was talking to some folks who were telling me how happy they were that they had gotten their training at WeShoot because their training actually meets the new training requirements. They simply got a new certificate, and they’ve met the new training requirements. Because when WeShoot trained them, they trained them to the standards that became the official standards for the new carry law. So, I want to just tell you. WeShoot is a range in Lakewood, an indoor range. They have top line training, great people there. It’s so convenient to Ocean and Monmouth counties. And you know, we’ve got to treasure our ranges. Without a place to shoot, it gets really hard to practice with our firearms. And WeShoot is a great place to shoot. If you are a novice, they can introduce you to firearms and get you trained properly, know safety and have the confidence that you need. If you’re already a top-level shooter or you need to get certification so you can get your New Jersey carry permit, they’re the folks to see. They’ve helped hundreds and hundreds of folks get licensed. They’ve never had anybody rejected because of their qualifications not being sufficient. In fact, their qualifications are so good that individuals who took their courses prior can get their new certificates from them. Because WeShoot is top of the line. So go to weshootusa.com. Check out their website with the beautiful photography.
Evan Nappen 19:48 Page – 5 – of 8
By the way, WeShoot is running some great sales now that I want to make you aware of. They have 15% off all AR-15 platform rifles now, and the sale is going until August 20. They have 20% off selected custom and specialty guns. That sale will be running from August 14 to September 3. These guns are really cool. They’re special edition and custom designed, cerakoted, guns. These guns are really neat stuff. You want to go there and check that out. And I’ll tell you, at WeShoot, they love their customers. Everybody raves about the service there. They will take care of you. Check out weshootusa.com.
Evan Nappen 20:42
Now is also when I want to bring to your attention my book, the New Jersey Gun Law book. Folks, this is my labor of love. Not only doing this podcast, but also doing that book, and of course practicing law and saving New Jerseyans and others from becoming law-abiding criminals. But this book is very special. It’s over 500 pages in a question-and-answer format with over 120 topics all explained. It’s the Bible of New Jersey Gun Law. It’s the 25th Anniversary Edition, fully updated, and here’s the sweet part. Right on the front cover is the QR code that you scan with your phone, and you get to register for free. You subscribe for free to all the updates and alerts. As soon as there are law changes or if there’s a court case, or a statute, or an Attorney General guideline, anything that affects New Jersey gun law, I send out an update. So that your book stays current. You can then access it and download it. Access it anytime you want. Put it in the back of the book or put it in your computer. It’s all there for you as a service so that you can keep your book updated. If you don’t have a copy, you need a copy. And let me warn you. If you get a copy, never loan it out because you’ll never get it back. Go to EvanNappen.com, EvanNappen.com. That’s my website, in case you couldn’t figure it out. You’ll see the orange covered book, the big orange New Jersey Gun Law book. Just click it and order a copy today.
Evan Nappen 22:26
So, I got a letter here from a listener who raises a very interesting point, and I want to talk about this because there is actually a trap being laid here. I want you to be aware. This is one of the things I love to do on this show. Warn you about things so that you don’t end up making a mistake. This letter is from Bill, and Bill says, I’m in the process of collecting the paperwork for my NJ CCW. One of the forms (S.P. 182a) identifies the make, model and serial number and caliber of the pistol you want to carry. It also allows you to “declare” any additional firearms you may also want to carry. Why would anyone voluntarily register all of their handguns? After all, you can only carry a max of two. My understanding is that only in the last few years gun owners moving to New Jersey are required to register their handguns. When did that law go into effect? I will listen for your answer on an upcoming podcast. I appreciate what you do and enjoy your book. Best regards, Bill.
Evan Nappen 23:35
Okay, Bill raises a very important thing here. Now, of course, we’ve discussed about people becoming residents in New Jersey, and they have to register their guns within 60 days. But before they can do that, they have to get a Firearms ID Card. So, good luck getting that within the 60 days so you can register your guns. But the real heart of his question here, which is really important, is this backdoor gun registration. When you go to the State Police website, you can download this form. On one hand, this is an advantage and an improvement, but on the other hand, it could be dangerous. So, you need to be careful here. Let me explain. The form is a “Permit to Carry — Description of additional handguns intended to be carried”. You put the name of the Permit to Carry holder, your address, and your SBI Page – 6 – of 8
number. Then it says right in it. “One permit shall be sufficient for all handguns owned by the holder thereof.” And that’s great. That’s important because that is the law, and it’s something that was a big problem with the anti-gun judges who used to be in control of the permit system where they forced you to qualify with each handgun and limit you to handguns. It was a whole nightmare unto itself, which is now gone, because of that wonderful aspect of the new carry law. The only thing that’s really great about it, if we get right down to it, is that judges are no longer part of that administrative process. It’s an executive function and is simply an issued license by the executive branch, particularly through the chief or superintendent. So, that’s good. They even acknowledged that one permit is good for all your handguns.
Evan Nappen 25:16
Then it says, “The chief police officer or superintendent, as the case may be, shall also determine and record a complete description of each handgun the applicant intends to carry.” So, that also is in the law. Then it gives you a list. You can list the guns, and then you certify that it’s true. By the way, certifying in New Jersey is the same as doing an affidavit. So, you always want to be very careful that you’re accurate and truthful whenever you certify to anything in Jersey, because it’s the same as if you made an affidavit. You’d never want to have that problem. But the key is, you’re now listing your guns – make, model, serial number, and caliber, and that itself becomes a registration sheet, doesn’t it? Now on one hand, it’s great because you can put all the guns you want to carry. We don’t have to go through that old problem of qualifying with each gun, you simply certify. It doesn’t matter what gun you’re certifying with. Then one permit is good for all. And then you can list them. But if you’re making this list, now you’re creating this registration that is on you, that’s part of your file.
Evan Nappen 26:28
So, what I strongly suggest here is that you only carry and list for carry and make it the only guns that you choose to carry, are guns that you already have Jersey paper on. That’s right. Guns you have already acquired with a Jersey pistol purchase or handgun purchase permit, because that permit is, of course, a form of register. It registered your acquisition of it. So, it’s already “registered” with the state. By writing it again on the sheet, you’re not doing anything or giving any information that the State doesn’t already have on you. So, those would be the guns that I would limit it to. Even though in New Jersey, you are absolutely permitted, as residents, to have handguns that are not registered. There is no law in New Jersey of possession of an unregistered handgun, except for individuals who moved to New Jersey, who had the misfortune to change their residence to New Jersey. Then they were forced to register, but residents do not have to register. The only registration that takes place is when you acquire a new handgun in New Jersey with a Permit to Purchase. That’s when the registration kicks in for residents.
Evan Nappen 27:55
But if you possess an unregistered handgun in your home, you are under the exemptions etc., and you’re covered by that exemption. So, for possession of a handgun in your home, you’re exempt under N.J.S. 2C:39-6e., possession in your home of the handgun. There is no law of possession of an unregistered gun. You can have an unregistered gun as a resident. Okay? We’ve seen that throughout New Jersey where, for example, if you inherit firearms, there’s no registration of inherited guns. Nor do you have to register them. Nor should you register them. Why bother? Those guns may be kept in there Page – 7 – of 8
unregistered. But whether you want to put them on a list and create them voluntarily for yourself or register those guns, why would you want to do that? Don’t give the Government any more information than they need because registration itself is a danger, as we’ve discussed many times before. So, you want to avoid legally, when you can, having to register or give unnecessary information to the Government, because that ends up being utilized against you.
Evan Nappen 29:08
I’ve had a number of cases where that was the situation. Even an individual who had been imprisoned because of a domestic violence restraining order was put against him, which, by the way, was later dismissed. But part of that restraining order was that he had to turn in all guns that he had. The problem in New Jersey is that your handguns are registered when you make the acquisition, but there’s no unregistering of them. It doesn’t exist. So, you could buy a handgun one day from a dealer, and the very next day sell it to another dealer, which is legal to do by the way. But guess what? That gun is not unregistered to you. So, if the New Jersey gun registration database is looked at as a current list of guns you possess, it’s actually not true. It only means it was registered at the time when you made that acquisition. So, this individual was actually imprisoned and charged with contempt of the order for failing to turn in about 14 handguns that they believed he had, which, in fact, he no longer had. He was in jail for 90 days before he called me, because other lawyers didn’t know what to do. When I got the case, I’m like, this is outrageous. I totally understand they’re holding and requiring him to have those guns. He said to me, the only way he could get out of jail is if he turned over guns that he didn’t have.
Evan Nappen 30:33
So, luckily, I have a great relationship with the dealers in New Jersey, and we were able to track down, relatively quickly, where these guns had been sold to. I was able to get proof from 13 out of the 14 dealers, 13 of the 14 guns, that is of their disposition, even though that should not even been required. When I went to court, I was able to say, look, you can’t hold him for these guns because it doesn’t mean you still have them if they’re listed. We even went above and beyond and could prove their disposition to these other dealers. And here’s 13 out of the 14 guns. Even with that, the State goes well, what about the 14th gun? Well, first of all, it’s not a burden to show. Second, it doesn’t mean it, but I’ll tell you what. Do you know what happened to the 14th gun? I said the 14th gun my client turned into your gun buyback that was no questions asked. No records maintained. Your county did that.
Evan Nappen 31:35
Anyway, we got the client out. But that shows you how guns that are on a list of registration can be used to haunt you. This man spent 90 plus days in jail over that very thing. So, don’t give the Government any information that you don’t have to. Beware of that on filling out this form. As nice as it is that we can just qualify with one gun and list all the other guns we want to carry. That’s actually decent. But beware of the backdoor registration that takes place here. This is Evan Nappen reminding you that gun laws do not protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 32:18 Page – 8 – of 8
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.