Gun Lawyer Episode 147
law, firearm, gun, gun rights, assault, new jersey, biden, bi, anti, ffl, partisan, gun owner, definition, detachable magazine, book, antis, criminals, folks, sell, second amendment rights
Speaker 3, Evan Nappen
Evan Nappen 00:00
Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, let’s talk about how dangerous RINOs are. I don’t know if you’re a fan of Peter (Hathaway) Capstick, but he wrote some really great books all about Africa. Of course, his classic is Death in the Long Grass, and I remember Capstick talking about rhinos in his book. He said, the thing about rhinos is that they are amazingly stupid. He goes, they call them old dimwit. Because rhinos are just dumb as dirt. You don’t want to be hit with one charging you, but they are a whole bunch of stupid. Well, rhinos are stupid. Of course, the RINOs that I’m talking about are the “Republicans In Name Only”. RINOs that constantly make moves in moderation. They’re the moderates that the media swoons over, and their moderate actions end up harming our Second Amendment rights.
Evan Nappen 01:26
It just keeps on going. Even though they’re warned, and they’re told, don’t do it. The RINOs end up screwing us, and that is what happened with the “Bi-Partisan Safer Communities Act”. Remember the Gun Control Act signed by Biden? The only reason he could sign this was because of RINOs, our buddies, so-called Republicans. A handful of them joined with the Democrats to get this “Bi-Partisan Safer Communities Act” passed that was simply gun control. Oh, but no, no, no. We’re focused on all the moderate gun safety things, gun safety, and it’s really great. It’s not going to affect law-abiding gun owners. It’s not going to affect any of that stuff. This is why we could join together with the right stealers, the takers of liberty, the Democrats, and join in with them. While Biden was giddy signing this, it was a gift from the RINOs to him. The reason he was so giddy about signing it, the reason he loved it so much, and all the anti-gun groups were singing its praises, is because it is a terrible piece of gun control that goes at our gun rights. Now we’re seeing the fruits of it.
Evan Nappen 03:04
By utilizing the Bi-Partisan Safer Communities Act, Biden has, in fact, used it to defund the very long, very long-standing, Scholastic archery and hunter education programs. That’s right. The language in the Bi-Partisan Safer Communities Act is now being used to remove Hunter Education and archery programs from schools. This is just a typical example of how you give an inch, and they take a mile. All we got out of the Bi-Partisan Safer Communities Act was less rights. We, as gun owners, did not gain a thing in that bill. We gained nothing. There are so many pro-rights things that they could have and should have done. Things begging to get done. National reciprocity. How about funding Relief from Page – 2 – of 7
Disability so good people could get their rights back again. How about just a whole host of pro-gun things. Oh, not a thing. It was all anti. It was all things that cost us liberty.
Evan Nappen 04:46
Now we’re seeing the fruits of it with the defunding of hunter safety and archery programs in schools. Think of how important having these things in schools is. They talk about “gun safety”. I mean, think of the irony and just the flat out lies by the antis when they say, oh, the Bi-Partisan Safer Community Act is a gun safety law, you know, that’s their code. It’s gun safety law. What does their gun safety law do? It removes gun safety programs from schools. That’s cute. Of course, when you have actual gun safety, not Democrat talking point anti-gun, wolf in sheep’s clothing laws talking about gun safety, but actual gun safety programs, that’s a good thing. It gives youth good training and experience so they can safely handle firearms and enjoy the outdoors with hunting, archery, shooting sports, and develop that interest. Of course, the antis want to kill that. It’s what they want to do. And this RINO achievement has helped them to accomplish their goals of mind control and limiting exposure to youth to what we all love, firearm shooting, hunting, etc.
Evan Nappen 06:34
This abuse by Biden is his MO, right? Think about all these administrative actions that he’s done, whether it’s the pistol brace ban, or the frame and receiver rule, or all these things where there’s no legislation, but it gets done by Executive action and administration. Yet here they’re taking this legislation with the RINO’s saying, this was never our intent. It was never our intent. Well, you gave them the ability to now take action through the department, through the agencies, through the education department, to defund these very things. That’s one, just one, impact of this dangerous RINO action. But that Bi-Partisan gun control bill, anti 2A bill, let’s call it what it is, isn’t stopping there. Because Biden is going to make his campaign, one of his major platforms, major move of his campaign, is pushing anti Second Amendment, anti-rights laws. He’s going to push it.
Evan Nappen 07:53
They’ve gotten together with Bloomturd, and Soros and all the moneyed folks in the anti-gun groups that they all fund, and they’re all backing Biden, backing their man. He’s planning a rollout folks. A rollout is going to take place in ’24, prior to the election, where they’re going to use another part of this Bi-Partisan gun rights death bill. They’re going to use it against us, and here’s how. Because they changed the law, now, they changed the definition of what is a gun dealer. The definition for when somebody is needing an FFL (Federal Firearms License). You see, previously in the law, it said that you need an FFL when you’re engaged in a course of trade or business, buying and reselling firearms, with the principal objective of livelihood and profit. However, this Bi-Partisan law removed the “livelihood” element from the law. Now remember that definition was a huge fight to get that definition in, in FOPA, the Firearm Owners Protection Act (of 1986). Remember with FOPA, which had some very good things in it like interstate transport of firearms and other things that were good, even though that is also a law where we paid a price. The price we paid was ending the new manufacturer of machine guns. The Hughes Amendment was attached to that. Page – 3 – of 7
Evan Nappen 10:16
But keep in mind, this Bi-Partisan bill didn’t get us a damn thing. Yet, it removed one of the hard fought protections that was originally in FOPA, about the livelihood element in the definition of an FFL. And you say, well, why is it so important? The reason it’s so important is now it’s simply about buying and selling for profit, just profit. It’s not about livelihood. It’s just about profit. So, if you have, as a private citizen, a firearm that you sell for profit, you need an FFL, according to Biden. Although this hasn’t formally been released yet, the understanding that’s out there is Biden is going to limit the individual’s ability to sell by limiting it to five guns. If you sell more than five guns, then they’re going to consider you to be an unlawful firearms dealer. You’re going to need to follow all the federal laws, including getting an FFL. I mean, what if somebody just wants to sell off their collection? What if this individual has inherited guns and wants to sell some? There are so many scenarios. Nope. They’re going to turn more law-abiding citizens into criminals by abusing by agency and administrative rule and administrative guideline. The way Biden has classically done it.
Evan Nappen 12:14
So that there’s no legislation needed, which is how laws are supposed to be done, and go at individuals. They’re going to sell it as UBC, Universal Background Check. You see his sell of this as oh, no, we’re going to mandate that we get rid of private sales. And in their effort to do this, they will say we’re going to now get background checks on every sale. And to do it, we’re going to criminalize private citizens that have the nerve of wanting to sell one of their privately-owned guns and make a profit. So, again, the Bi-Partisan bill, screwing gun rights, growing gun owners and allowing for abuse by this vicious anti-gunner, who is currently our president. This is what it does, folks. It opens the door. So, any gun law, that however moderate they’re trying to sell it, however much they hide it with gun safety laws, or Bi-Partisan or whatever, you can guarantee that it’s going to be used and abused to further screw you and me out of our gun rights. This is a classic example of that, and, you know, the battle continues.
Evan Nappen 13:54
Of course, it is a fight nationally and stateside. In New Jersey, it is critical that you belong to our number one state gun rights organization, which is the Association of New Jersey Rifle & Pistol Clubs. They have a full-time paid lobbyist in Trenton. They’re the folks that are litigating, as we speak, in federal court on the Carry Killer anti-Civil Rights bill signed into law by Murphy, litigating the so-called assault firearm ban and large capacity magazine ban. They are being challenged and fought. As we speak, some very, very important things are taking place. I can’t speak to you about them right now. Not allowed. We’re put in a top secret mode, but very shortly, hopefully by the next show, I’ll be able to tell you about some really great news. Great work done by the Association of New Jersey Rifle & Pistol Clubs. So, make sure you join. They have a fantastic newsletter, and you get email updates. Go to anjrpc.org. Become a member and become part of the solution.
Speaker 3 15:30
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, Page – 4 – of 7
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 16:45
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast.
Evan Nappen 16:51
Hey, I want to thank you for listening to Gun Lawyer because we are number one. That’s right. I’m so proud of this. Feedspot took a look and rated the top 20 gun rights podcasts in the world. And this show, Gun Lawyer, was number one. And it’s you, my listeners, that made it number one. I so appreciate that gives us this great voice to get the word out, and getting the word out is becoming tougher and tougher for anyone involved in Second Amendment. One of our great sponsors, which is WeShoot, a top of the line indoor range in Lakewood, is having just a terrible time of it. They are getting jammed by fascist book. That’s right fascist book is screwing them. You know, there are a bunch of mothers suckers over there at fascist book. They are going at WeShoot who has done nothing wrong. They have followed the rules. They have done everything correctly. But they are a gun range, and they love the Second Amendment like you and me. And fascist book. Well, that’s another story with them.
Evan Nappen 18:33
So, let me tell you, if you get a chance, it would really be great. If you go to the Facebook page for WeShoot, which is WESHOOTUSA, hit like and follow. Also, go to their Instagram page, which is WESHOOT_EXPERIENCE. And at Twitter, which is WESHOOTUSA. Go there to show meta and that mother’s zucker there. Show him that we are united, and we care about our ranges. We care about not just the Second Amendment, but our First Amendment rights to talk about the Second Amendment. I mean, these are really some incredible times when a Constitutionally protected right is hammered and restricted from First Amendment discussion. It’s a Constitutional right and fascist book needs to change their ways. So, please show your support for WeShoot in the social media realm. Check out the website as well, which is at weshootusa.com. It’s a great range there in Lakewood, and you can have easy access. Our ranges are like our churches for gun rights. You need a place to shoot. You need a place and without a place to shoot, how are we going to exercise, effectively, our Second Amendment rights. So, make sure you stop by WeShoot and help them out here in their battle with social media.
Evan Nappen 20:48
Speaking of social media, my book, New Jersey Gun Law – 25th Anniversary Edition, has been getting a lot of attention, because it is the book that explains New Jersey gun law. It’s the Bible of New Jersey gun law with over 500 pages. It explains over 120 topics in question and answer. If you’re a gun owner in New Jersey, it’s really a must have. And I’m not just saying that because I wrote it. It was a labor of love for me to write it, folks. Hundreds and hundreds of man hours. But it’s the only thing out there that truly explains to the best I could with 35 plus years of practicing New Jersey gun law under my belt, this Page – 5 – of 7
wacky state matrix of gun laws so that you don’t turn into a criminal and get disenfranchised of your Second Amendment rights by the traps and absurdities that New Jersey law presents. You can get a copy of my book right online. Go right to my website, EvanNappen.com, and you’ll see the big orange book there. Click it and get yourself a copy. Then make sure you scan the front of the book. Scan that QR code, and you get to subscribe for free to the Subscriber Portal that has all the updates. Within 24 hours of law changes, cases coming down, Attorney General opinions, any kind of thing that affects our rights, you’re going to know about it. So, you stay current and up to date. That’s the magic of it. Take advantage of it. Stay smart and jump on that.
Evan Nappen 22:34
This really brings me to what I’ve been seeing lately. There’s been a lot of cases in my office involving, unfortunately, good old assault firearms. Now, I call them assault firearms because New Jersey law officially calls them assault firearms. That’s right. Can you believe the state took a propaganda term and made it an actual law term, an actual defined thing in New Jersey law? However, their definition sucks. Their definition is a virtual impossibility to completely understand because it’s so convoluted. It’s one of the worst written criminal definitions of anything under criminal law, not just gun law. It’s a very complex five (5) part definition. The first part is a list of 67 guns. Then under that, it’s any gun that is substantially identical to any gun on the list. What the hell does substantially identical even mean? I mean substantial means almost identical means exact. What does almost exact mean? How are you supposed to know if your gun is almost exactly a gun on the list? You have to know every gun and list and then know what almost exactly even means. Good luck with that. That’s why originally when I challenged the law in a case called State v. Merrill, it was found unconstitutional for vagueness. That’s right, vagueness. When the law is so vague that individuals cannot understand it and are unable to comply with it, the law is unconstitutional.
Evan Nappen 24:14
But what happened was further challenged by a gun rights group in New Jersey, which led to a federal challenge on it. Well, that’s where the Attorney General stepped in and said, hey, I’m going to define for all of us what substantially identical means. He did it by promulgating the Attorney General Guidelines, the 1996 Attorney General Guidelines. And what do those guidelines do? Well, the guidelines lay out the explanation of “substantially identical”. All the Attorney General did was adopt the 1994 Federal Assault firearm. Actually, the Feds called it assault weapon, the Federal Assault Weapon definition. By adopting it, he made it New Jersey law. What’s really crazy about that, if you really think about it, is he defined a law passed in 1990 that became effective in 1991 with guidelines that are based on the 1994 Federal assault weapon ban. Isn’t it incredible how our legislators knew, in 1990, that their undefined term of substantially identical would later be defined by the federal government four years later? Boy, that’s a hell of a crystal ball. They must have had to know that.
Evan Nappen 26:04
Well, that’s what we’ve been stuck with ever since. Essentially New Jersey lives under the 1994 Federal assault weapon ban. But that ban went away in 2004, because it was sunset federally. It ended. You see the antis set this end date in there because every 10 years, they wanted to have the joyful experience of passing another assault weapon ban that they could milk for everything it’s worth. The only problem was it blew up in their face, and they haven’t been able to pass a second one since, Page – 6 – of 7
thank God. So, it’s been dead since 1994 on the Fed side. But, of course, they’re clamoring to still do it. If Biden gets in and Democrats take control, you can basically be guaranteed that we’re going to see the ugly head of a new so-called assault weapon ban. It’ll be even more comprehensive, more intrusive. Stealing our guns, our gun rights and making even grandfathering something that probably will not be part of the bill, or if it is, it’ll be highly restricted. So, these are the dangers that are lurking.
Evan Nappen 27:29
But, you know, New Jersey’s assault firearm law is still on the books, and it’s insanely serious. A conviction for possession of an assault firearm in New Jersey carries up to 10 years in State Prison. What’s even worse, is that it has a minimum mandatory of three and a half years, no chance of parole. That’s right, folks. Three and a half years. No chance of parole. This means you’re going to do every day of three and a half years in State Prison if you get convicted of possessing an assault firearm. Remember this assault firearm law is very arbitrary. It’s very bizarre in its matrix of what constitutes an assault firearm or not. If we just focus for a moment on the Attorney General guidelines, well, the Attorney General’s guideline puts out certain features that make a semi-automatic rifle that uses a detachable magazine magically into an assault firearm. What the guidelines say is you can’t have more than one offending feature allowed, one but not more than one.
Evan Nappen 28:39
So, what are the offending features that suddenly turn a firearm from a modern sporting rifle into a draconian penalty that will put you in State Prison for a minimum of three and a half years? What are these things? Well, number one, a pistol grip. Most modern sporting rifles have a pistol grip. If it has one more feature that’s offending, then guess what? You have an assault firearm. What are those other features? A telescoping buttstock, you know, like an M4-type telescoping stock, or a folding stock, or a bayonet lug, or a flash suppressor, flash hider, or threaded muzzle. Of course, the number one fan favorite, a grenade launcher. If you have a grenade launcher on your gun, that’s an offending feature too. So, if you have more than one of those features on a semi-automatic rifle that uses a detachable magazine, you’ve got an assault firearm.
Evan Nappen 29:56
I see false charges all the time. Just take, for example, a rifle that commonly does have a grenade launcher on it. The Yugoslavian SKS. That’s right. A lot of those Yugo’s have grenade launchers. Well, wait a minute, is that an assault firearm under New Jersey law? No, it’s not because it doesn’t take a detachable magazine. It uses a fixed magazine. So, it doesn’t even get out of the box. It’s fine. You can have your Yugo with a grenade launcher. You cannot have grenades, of course, that’s a whole other problem. But that grenade launcher doesn’t make that Yugo SKS into an assault firearm. Well, Ev, wait a minute. I see it on the list. It says SKS on the list. Yes, it says SKS with detachable magazine. I can’t tell you how many times I’ve gotten false SKS chargers where they say oh, it’s on the list. Look at it. No, it’s not. That’s not the detachable mag version. That’s a fixed 10 round mag, which doesn’t even get out of the box on that one. But, you see, that’s just a couple examples of how screwy the assault firearm law is. And with the new bail reform law, if you’re charged with an assault firearm, you’re going in the gun owner gulag, which we’ve discussed on prior shows. So, this whole assault firearm issue in Jersey and how the Biden folks want to make it another centerpiece of their 2024 push is a disaster. It’s a nightmare. It turns law-abiding citizens into criminals. New Jersey is a shining example of just how Page – 7 – of 7
stupid, ineffective, and dangerous to law-abiding citizens the assault firearm law is. We are rooting for our Association to win the litigation pending in federal court and, finally, get rid of this onerous and disgusting law. I believe with the power of Bruen, we’re going to be able to do it. The power of the Bruen decision. We’ll be there and when it happens, we’ll be talking about it. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 32:25
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.