Episode 149-If I Only Had A Brain

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Gun Lawyer Episode 149


firearms, gun, biden, dealer, rule, evan, gun owner, law, business, person, new jersey, anti gun, sell, purchases, require, ffl, rights, sale, lawyer, profit


Speaker 3, Evan Nappen

Evan Nappen 00:00

Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, I was talking to a friend, and he said to me, you know, you spend a lot of money on guns and knives. Thinking about it, I told him, you know what? I spend about half of all my money on guns, knives, and ammo, and I told them the other half I wasted. I thought you’d want to know that and many of you might relate to that. But the problem that we’re facing now is coming from our good buddy in the White House. Yeah. Biden, it seems, has taken another step toward destroying our Second Amendment rights by having his administration promulgate a new rule that has now been put forward, and within 90 days, they want it to become an official enforceable rule.

Evan Nappen 01:17

It’s going to have a dramatic impact, way more impact than even the pistol brace ban, or the frame and receiver rule, and all the other agency overreach that this guy has done because he can’t get things through Congress. So, he does this end run, or in this case, he did actually con RINOs in Congress, and some of this, I’m going to explain that in a minute. But before I get to the actual rule and the threat and what you’re going to have to deal with and be aware of, I was able to get a hold of Biden’s 2024 campaign theme song, and I thought this was just a real scoop. I am going to share this scoop of Biden’s 2024 campaign theme song with you, my listeners of Gun Lawyer. Mr. Producer, would you please play Biden’s 2024 campaign theme song.


If I only had a brain, I could while away the hours, conferrin’ with the flowers, consulting with the rain; and my head I’d be scratchin’ while my thoughts were busy hatchin’, if I only had a brain. Why, I’d unravel ev’ry riddle for almost any individdle in trouble or in pain. And with the thoughts, I’d be thinking, I could be another Lincoln, if I only had a brain. I would not be just a muffin’, my head all full of stuffin’, my heart all full of pain; and perhaps I’d deserve you and be even worthy of you, if I only had a brain. If I only had a brain . . . C’mon man.

Evan Nappen 03:30

Now there is finally an appropriate campaign theme song for Biden. I don’t know if my information is accurate or not, or if that’s actually going to be their campaign theme song. But I was told it, it was, but I could be wrong. But it’s so applicable, and it just really makes a statement that demonstrates exactly what the problem is with this guy. It is something that is impacting gun owners pretty severely. This new Page – 2 – of 6

Biden rule is designed, in essence, to eliminate private gun sales and to require essentially that every gun transaction go through a gun dealer in the United States with some very narrow exceptions. By engineering this, then what you get is a background check required to be done by every dealer. That is one of the main objectives of the anti-gun movement. It’s what we call UBC (Universal Background Check).

Evan Nappen 04:49

Once you have everything mandated to flow through a dealer to get a background check that creates the registration scenario. Because the dealer records are then, and have been, basically a billion of the closed dealer records have been unlawfully turned into a database under the Biden administration. So, once you have the active current dealers doing these UBC gymnastics, it will create a real time, in effect, accessible database. And by requiring it, it is closing the gaps that exist in being able to identify every gun owner in America. By forcing UBC, which is really not Universal Background Checks, but Universal Gun Registration, that’s really what’s behind the whole thing, by compiling all the old records into the database, by forcing this to occur on new purchases and data, and by restricting an individual’s ability to engage in private sales so that every sale has to go through a dealer, well, you can see the plan.

Evan Nappen 06:20

Keep in mind that registration is the key to the next step, which is confiscation. That’s the goal. Get it registered. Then you know where they are, and then you confiscate. And then as history has shown us, after confiscation comes extermination. Every major Holocaust has been preceded by seizing the guns of their victims. This is something that we never want to see in America, and our founding fathers knew that. The reason we have the Second Amendment. It’s the reason it’s there as a right that’s supposed to be guaranteed. But Biden routinely stomps on it, and pursues the anti- gun agenda, anti-gun rights agenda, anti-Second Amendment agenda. And this is no exception.

Evan Nappen 07:09

As a matter of fact, this is quite a proposal. It really demonstrates just how the RINO Republicans that supported this got conned or maybe they knew what they were doing and didn’t care. But either way, they were warned. They were told not to do it. They were told do not vote for this so called Bi-Partisan, this Bi-Partisan gun bill, the BSCA. And they did anyway. By allowing that to become law, a very subtle change was made in the definition of what a dealer is and who needs to be licensed as a dealer, what it means to be engaged in the business, engaged in the business of selling firearms. What this law did with the help of these RINOs, specifically, by the way, Cornyn, Senator Cornyn, a Republican from Texas, that guy should be ashamed of himself. A Senator from Texas, no less falling for this. Well, now we’re going to suffer because of this guy and the other RINOs that passed it. We’re going to suffer, you watch, big time.

Evan Nappen 08:44

“Engaged in the business” used to require that it was “with the principal objective of livelihood and profit”. It had to do with the principle objective of “livelihood” and profit. What this new law did was remove the “livelihood” requirement. So, it’s no longer a matter of it also being a livelihood. And folks, the reason that language was in there, the reason for that requirement on dealers is that we had Page – 3 – of 6

already suffered through ATF abuses after the ’68 Gun Control Act of calling individuals as dealers when they weren’t. It made so many law-abiding people suffer that in the Gun Owner Protection Act, actually Firearm Owner Protection Act (FOPA) that is the key. It was mostly a pro-gun bill signed by Reagan although it is where machine guns got banned. We paid a price for FOPA in giving up the machine guns, the new production of machine guns.

Evan Nappen 10:05

In FOPA, that’s where you found this “livelihood”, principle objective of “livelihood” and profit to stop this abuse. Cornyn and company fell for it and got this knocked out of the law. So now, it’s simply this ambiguous “to predominantly earn a profit”. They are using that language, and they’re exploiting it to the max, Biden, in this rule. They are defining it by using their agency powers to make the term “to predominantly earn a profit”. Okay. Here’s what it says. It means “that the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, that proof of profit shall not be required, as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.”

Evan Nappen 11:25

You don’t have to prove any of this. Essentially, if you sell a gun for profit, you can be declared to be an unlicensed dealer under ATF’s rule, and this rule covers other things that they will use to demonstrate whether they believe you are doing this. For example, you sell multiple types of the same firearm. So, let’s say you have a whole collection of Sig Sauers or you have a collection of certain different variations of the same gun, and you move it as a collection. Well, they could say, hey, you’re an unlicensed dealer. You must acquire an FFL before you transfer your guns. This is going to require 1000s upon 1000s of 1000s of folks that have to get FFLs, while at the same time, Biden is engaging in a war on FFLs. So that, if you have one paperwork error, you get revoked. They want to force you to become a dealer so that they can yank you from being a dealer. This is an untenable situation.

Evan Nappen 12:47

This goes even further. Because the other thing this bill requires, this rule would require, is that if you’re an unlicensed seller and you sell through an online auction, like GunBroker or Armslist, etc., you have to have an FFL. You are going to need an FFL just to sell through online auction. They are targeting online sites as well. They put out lies upon lies, the Biden administration, about online sales. This is what they’re doing. As a matter of fact, here’s what the rule actually says. “In addition, it clarifies the term ‘dealer’, including how that term applies to auctioneers, and defines the term ‘responsible person’. These proposed changes would assist persons in understanding when they are required to have a license to deal in firearms. These examples are provided to clarify for unlicensed persons that firearms dealing requires a license in whatever place or through whatever medium the firearms are purchased and sold, including the Internet and locations other than a traditional brick and mortar store.”

Evan Nappen 14:03

They’re out for us, folks. They’re out to get us, and it doesn’t end there. I’ve got more to tell you, and I’ll fill you in when we come back. But before we do that, I just want to mention, now more than ever, we need to support our groups fighting for our rights, and the State Association, the Association of New Page – 4 – of 6

Jersey Rifle & Pistol Clubs is our stalwart defender in New Jersey. Now granted, this is federal, but it doesn’t matter because New Jersey works hand in glove with the feds over enforcement. You can bet that this is going to bite Jerseyans just as hard, even though supposedly you’re not allowed to engage at all in private sales. But this is so broad that what if you put every gun through a dealer that you sell? You’re not selling them as a dealer? Well, it’s not going to matter under this rule. If you’re selling at all, whether you’re the dealer or not, if you’re the one putting the ad, if you’re the one putting that on GunBroker, you’re going to get burned under this. And Jersey will be happy to help. You need to support our State Association. They’re fighting for our rights. They have a full-time lobbyist down in Trenton. They’re litigating, as we speak, in federal court, trying to kill the Carry Killer bill, knock out assault firearm ban, which as you know are modern sporting rifles, going after the standard capacity magazine ban. They’ve got a great newsletter. Really the best newsletter in New Jersey on gun rights. You also get all the email alerts. So, make sure you become and stay a member of the Association of New Jersey Rifle & Pistol Clubs. You can find them at anjrpc.org. Be part of the solution. Join the Association.

Speaker 3 16:02

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 17:16

You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts.

Evan Nappen 17:31

Okay, now, our other good friends are WeShoot. As you know, WeShoot is a range in Lakewood, New Jersey, which is just super convenient for so many folks. They have a great facility. And you know, we need our ranges. Because without our ranges, you need a place to shoot as much as you need to have your gun. So, it’s critical that you take advantage of these things. WeShoot is there to serve you. They have excellent training, and they can get you certified to get your carry permit in New Jersey. They know exactly what the requirements are as they are ever evolving. Additionally, you can practice, and you can improve your skills in shooting in a safe, friendly, and easy to get to location. If you want to find out more about WeShoot, check out weshootusa.com. Check out their website. You can visit them on Facebook and Instagram as well. You will be glad you did.

Evan Nappen 18:55 Page – 5 – of 6

I also want to mention if any of you don’t have my book, which is New Jersey Gun Law – 25th Anniversary Edition, you need to get a copy. This book is the Bible on New Jersey gun law. It’s over 500 pages. I explain in question and answer format over 120 topics. It’s a labor of love folks. It’s going to give you the background and benefit so that you can stay on top of Jersey’s insane matrix. On the front cover, there’s a little QR code. Scan it, and you’ll get free updates, free alerts. If you want to get a copy of my book, you can go to my website at EvanNappen.com. Just go to Evan Naopen.com You’ll see the big orange book. Give it a click and order yourself a copy and subscribe to the updates so you can protect yourself.

Evan Nappen 19:49

Now back to the Biden administration’s attempt to turn us all into felons yet again. To force Universal Gun Registration down our throat and to continue the anti-gun plan to eventually confiscate all guns. You know that’s what they want to do, and they’re going to end up doing this. Some of you may say, well, wait a minute, we have the Second Amendment, and the Second Amendment protects us. Well, I agree, the Second Amendment does protect us. That’s why once we get universal registration, and if we can’t defeat it, either by court or legislation, and they have these lists, then, of course, their end game is repeal of the Second Amendment.

Evan Nappen 20:42

Once they repeal the Second Amendment, they’ll have the groundwork laid to confiscate and to disarm all of America. That is their ultimate goal. Do not doubt it. Every time they try to claim they’re reasonable. They’ve been trying to claim just how effing reasonable they are for the last 50 years, as we just see more and more rights dissolve away. And there’s no “compromise”. Compromise to the antis is just take take, take, take. Okay, that’s all they do. Take, take, take. If you want to see a great example, look at the Bi-Partisan gun bill that passed, and you will see exactly how they connived and conned and got the “compromisers”, the RINO compromisers, to do their bidding, and lay the groundwork for yet more violation of our rights. It is disgusting.

Evan Nappen 21:45

This new rule will also make it so that anyone who rents a table at a gun show will be assumed to be in the business of selling firearms. Private citizens will not be able to sell their guns at a gun show. If you advertise a gun for sale in the classifieds or anywhere, just advertising even in old print media, you are a gun dealer. You’re an unlicensed gun dealer unless you have an FFL. Listen to what this rule says. Here’s their logic. This is right from their promulgation, folks.

Evan Nappen 22:26

“Based on this decades-long body of experience, the proposed rule provides that, absent reliable evidence to the contrary, a person is presumed to have the intent to ‘predominantly earn a profit’ when the person: (1) advertises, markets, or otherwise promotes a firearms business (e.g., advertises or posts firearms for sale, including on any website, establishes a website for selling or offering for sale their firearms, makes available business cards, or tags firearms with sales prices), regardless of whether the person incurs expenses or only promotes the business informally; (2) purchases, rents or otherwise secures or sets aside permanent or temporary physical space to display or store firearms they offer for sale, including part or all of a business premises, table or space at a gun show, or a Page – 6 – of 6

display case; (3) makes or maintains records, in any form, to document, track, or calculate profits and losses from firearms purchases and sales; (4) purchases or otherwise secures merchant services as a business (e.g., credit card transaction services, digital wallets for business) through which the person makes or offers to make payments for firearms transactions; (5) formally or informally purchases, hires or otherwise secures business security services (such as having an alarm system or guards for security) to protect business assets or transactions that include firearms; (6) formally or informally establishes a business entity, trade name, or online business account, including an account using a business name on a social media or other website, through which the person makes or offers to make firearms transactions; (7) secures or applies for a State or local business license to purchase for resale or to sell merchandise that includes firearms; (8) purchases a business insurance policy, including any riders that cover firearms inventory. Any of these nonexclusive, firearm-business-related activities justifies a rebuttable presumption that the person has the requisite intent to predominantly earn a profit from reselling or disposing of firearms.”

Evan Nappen 25:12

See how broad this is. See what an attack is on us and our rights. This is what they’re doing. They want to make sure they can nail each and every one of us. It is disgusting. They took this small change that they knew what they were doing from the beginning, created this hole and they’re driving a tank through it. And that is what this bill is. Consider all this when FFL revocations are up somewhere around 500%, virtually a 20-year high. So, you have to get a license, but when you get a license, they are going to take away your license. If you’re not licensed, you’re going to be prosecuted. And this is their plan. All in the name of so-called gun safety laws, which of course, it’s really a hoax. Gun safety laws proposed by the antis are a hoax. They have nothing to do with gun safety. It has to do with eliminating gun rights. Not safety. We know, as gun owners, where true gun safety is. That’s called safe handling and responsible gun ownership. Yeah, that’s safety. But not taking away rights and turning law-abiding citizens into criminals, creating more huge swaths of felons where there were none. Removing protections like this by administrative action. It’s disgusting. It’s Biden. It’s why this next election is going to be so critical to our rights. This is Evan Nappen, reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 27:18

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.

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About The Host

Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.

As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.

He also provides expert testimony and consultations for defense attorneys across America.

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