Gun Lawyer Episode 159
guns, new jersey, reciprocity, law, biden, insurance, carry, ptc, ban, evan, gun rights, jersey, israel, shoot, folks, lawyer, self defense, called, requirements, statutory framework
Speaker 3, Evan Nappen
Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Yes, you are here at the number one gun rights podcast in the world. And that’s according to Feedspot. It’s not just me saying it. The reason I’m number one is because of you, my beloved listeners. Man, I do appreciate you. And that’s no joke. We are getting the message out, and we’re getting the word out. Every day, I get lots of great feedback from you wonderful folks. You tell me how much I’ve helped you and how much you appreciate the show. And that means everything to me. I really do appreciate and love y’all. Today, we have some very interesting things to talk about. Of course, we’re going to have the gunowner fuckup of the week. We have to discuss that, and it is a very cheap lesson that you get to learn. It was very costly for any number of my clients when they made these mistakes, and I don’t want you to make these same mistakes. So, these are critical for you to know.
Evan Nappen 01:22
But what we’re looking at now is some very interesting things in the news, and I have some great letters, as usual, that are very thought provoking, to say the least. Now what’s very interesting is at times things appear in the news that are even compare and contrast. So, two stories, articles appeared that make us contrast and raise the very important question. Who is a bigger jerk? Joe Biden or Phil Murphy? Boy, that is a tough question. Who is the bigger jerk? I am not even going to make a call on that one. You folks can think about it. But in that debate, you might have with yourself or others as to who’s a bigger jerk, let’s take a look at their combo jerky things that they just did and talked about here in the news. So, the senile sock puppet, I mean Biden, what he recently did was he gave a very interesting mandate, an ultimatum, if you will, to Israel. Of course, we’re all very much aware of the terrorist attacks on the civilians in Israel, and it’s just a horrific atrocity. I never call it a tragedy. It’s not a tragedy. It’s atrocities. It’s horrific, barbaric, savage, atrocities committed by these terrorists. Looking at the response to that, of course, what? Individual civilians needing to be armed and needing to defend themselves. And, of course, it becomes a very strong case as to why gun rights are so critical and so important. You know.
Evan Nappen 03:12
Our senile friend there can’t tolerate anything because of his entire fall back, which is to be anti-gun at every turn, to sell out to the anti-gun interest and the billionaires that are pushing it. He never fails to take advantage of any atrocity that gets committed and to do the blood dance. Now, in this case, he’s in Page – 2 – of 10
a tough position. He does want to alienate the Jewish Democrats, which for some reason, still haven’t seen the light as to the problem with being a Jewish Democrat. When you look at the other folks that are participating in that party with blatant antisemitism, but that’s another issue, and it’s not directly related to guns. But what is directly related to guns is Biden telling Israel that if Israel wants to buy 24,000 “assault rifles” from the U.S., 1000s of M-16s, which they probably mean to say M-4s, of course. The Biden administration said they are not going to approve that sale until Israel guarantees that those guns would not reach civilian outposts in the West Bank, which the Biden administration and its Democrat allies view as occupied territory. This is quoting by the way from the Free Beacon.
Evan Nappen 04:43
Look at that! We don’t want the very people who need to have guns to defend themselves from terrorists to have guns. That’s cute, especially dreaded intrinsically evil assault rifles. Well, Israel, of course, is going to do what they’re going to do. It is vital to Israel’s own defense that its people be armed, and they’re independently arming them. But that’s just very interesting to see the Biden Administration taking this position. And it’s not just because of the politics of them trying to balance out their antisemitic, progressive Jew hating, wipe Israel and the Jews off the map, part of the Democrat party, but also because when civilians have the evil, intrinsically deadly, one purpose – only to kill – guns that we call modern sporting arms, that when they have that, and it is used for self-defense that it undercuts their argument in their efforts to disarm us. Especially when we have the FBI Director telling us that we’re next, that the threat level of a terrorist attack here is very serious and was raised to the highest levels, maybe on record at the moment. So, basically, we’re just waiting for the other shoe to drop here so that we can experience the similar thing that occurred in Israel. And guess what? It’s going to be mandated for us to do the same thing, that our people be armed. But that’s really tough for Biden to have to swallow that, you know. So, we better stop Israel from harming civilians with the very guns they want for that very purpose.
Evan Nappen 06:29
At the same time, you have Biden putting this ultimatum out, and by the way, this article that is quoted from the Free Beacon is also found at bearingarms.com. (https://bearingarms.com/tomknighton/2023/11/10/biden-guns-to-israel-n77136) And it’s called Biden’s Ultimatum on Guns to Israel, very telling by Tom Knight. You can check out Bearing Arms for the full article that also quotes the Free Beacon on this Biden position. But also, I want to point out that in bearing arms, which is great aggregate news site, and the site that gives a lot of great up to date Second Amendment news. My good friend, John Petrolino, who’s a great writer and very Jersey focused as well, really gets to the heart of these issues. I always read anything John puts out, and you should, too. He is a contributor there at bearing arms, and he had an article there called New Jersey Attorney General’s Office Weighs in on Reciprocity. (https://bearingarms.com/john-petrolino/2023/11/09/new-jersey-attorney-generals-office-weighs-in-on-reciprocity-n77092) And this is fun.
Evan Nappen 07:37
Because what he did was, he requested from the Attorney General about Jersey and reciprocity. He lays out very well, and importantly, why we need to have reciprocity and why we should have reciprocity. And what’s Jersey’s position on reciprocity? So, ready for the unbelievable shock. I know Page – 3 – of 10
you’re all going to be shocked and not even be able to sleep tonight hearing this. New Jersey has no reciprocity with any other state, and the Attorney General confirmed that. I guess that’s because New Jersey’s carry permit is just so damn good that no other state could even think of comparing to it. But the reality of it is, we need reciprocity. We shouldn’t have to deal with a patchwork quilt of laws. Of course, the classic reciprocity of all reciprocities is what? Reciprocity for our driving license. Just imagine if you had to get a separate driver’s license for every state you ever wanted to drive in. Well, that’s what New Jersey thinks is their approach. Of course, the difference between driving and guns is that driving is not a right. It’s a privilege. But guns are a right and defending yourself outside your home is a right. So, if anything should have reciprocity, it should be our ability to defend ourselves even before driving.
Evan Nappen 08:54
But in reality, that’s not how these Governments operate, and the point with Murphy is, while denying reciprocity to any other state, which also stops Jersey carry from having much more reciprocity with other states that would recognize New Jersey, if New Jersey would recognize them, I’m happy to report, as John Petrolia reported in his article, that officials from the State of New Jersey have come to a signing of a Memorandum of Understanding, ready for this, folks? With the Republic of Korea to have Driver’s License reciprocity. Isn’t that great? So, just think of how many Jerseyans were just losing sleep at night worried that their driver’s license wouldn’t work for them in South Korea, compared to how many Jerseyans need to cross the border of New Jersey with their gun and would really like to make sure that we have reciprocity with those other states. But no, they made an agreement for driver license reciprocity with South Korea. That’s about Jersey in a nutshell. I mean, it’s just unbelievable. So, I don’t know who’s a bigger jerk? The Murphy administration or the Biden administration? That’s a question that really cannot be answered. But the fun never ends. Right, folks?
Evan Nappen 10:31
Speaking of which, here’s actually some really good news. The good news is that the U.S. District Court in the Fifth Circuit, good old Fifth Circuit there in Texas, the Fifth Circuit has granted a nationwide injunction blocking the pistol brace ban enforcement. So, when the Biden administration went and engaged in all this agency overreach of the ATF promulgating regulations beyond the scope of their authority left and right on pistol braces and pistol and gun frames, and on forced reset triggers and doing every kind of reinterpretation imaginable, and now still attempting to promulgate the rule of making anybody who sells a gun for profit requiring an FFL to do it, all these things that the Biden administration is getting done by way of agency overreach, agency action, because they can’t get it passed through the legislature. So, they’re attempting to legislate by bureaucracy. Well, guess what? This pistol brace ban has been enjoined nationwide against the ATF for it being enforced. Now, of course, they are going to appeal it. We’re still in a fight. It doesn’t mean this is anywhere over, but it is, of course, a great day when the ATF is slapped back for their abuse, under the agency’s Administrative Procedures Act. This is great stuff. This applies to everyone, whether you’re members of the organization that brought the lawsuit or not. But you still need to be cautious, folks, because it’s not over. Although it looks extremely promising. When you get this type of injunction upfront, before the decision is officially made into a final, and then after that, I’m sure it will see further appeals if not appeals now, you know, still working its way, but these are wins. Page – 4 – of 10
Evan Nappen 13:07
We’re seeing even more wins, including the Supreme Court of United States accepting the bump stock case. That’s right. Going after that bump stock ban. Again, overreach by ATF created that ban, just by agency action. Even though for almost 10 years, they said that they’re fine, you know. These things are good to go. They let it go, and they say it’s okay. Then suddenly, it’s not okay. I mean, they’re like the flippity jibbitz of agencies. But in reality, they say something’s good to go, and then when they ban it. Now they have to go and collect them all. So, that’s like the original make work agency. Hey, you gotta give us more money. Look at all this work we have to do that we created. But that’s what you’re seeing going on. So, good news there. Great to see the court doing that. And it’s great to see ATF losing left and right on these things. I’m sure it’s going to come to a head again in the Supreme Court.
Evan Nappen 14:12
So, these are all exciting things, and reasons to be hopeful. You are vital to that hope. We have got to stay strong. We have got to keep up the fight in the way that we fight. One of the great ways is through our organizations. And that’s why I want to, of course, mention our good friends and sponsor of the show at the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights organization in New Jersey. They have a full-time paid lobbyist in Trenton. They’re there in the federal courts, as we speak. Fighting the assault firearm ban, fighting large capacity magazine ban, fighting the carry killer ban, and making great progress. They have an excellent newsletter. The best gun rights newsletter in New Jersey. You get the email alerts, and you know that you are part of the solution, when you belong to the Association of New Jersey Rifle & Pistol Clubs, the NRA of New Jersey. They are the umbrella group of the gun clubs, and as an individual member, you can help make us stronger. So, please join aanjrpc.org. Go to anjrpc.org. When we come back, I have some great letters that I know you’re going to enjoy.
Speaker 3 15:42
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 16:56
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts. Page – 5 – of 10
Evan Nappen 17:12
Hey, welcome back to Gun Lawyer. I have some of these letters that I want to share with you. People really send some great and interesting questions, and I find that many people end up with having the same questions. So, we get to talk about them here, and you can learn from these questions. Here I have a question from Eli, and Eli says, Evan, thank you for your podcast. It is both appreciated and informative. I’m a card-carrying member of U.S. Law Shield, and a proud member of WeShoot. Mark and all my instructors speak very highly of you. It’s my understanding that self-defense liability insurance is not legal to purchase in New Jersey as of 2022. “New Jersey, Phil Murphy, signed an executive order directing New Jersey’s Department of Banking and Insurance to prohibit or limit the sale of insurance products that encourage the improper use of firearms.” Now, Eli says, why would they do that? Is it legal to ban a consumer from the right to purchase insurance? Is this ban being challenged? If so, where are we at with progress? Are there any options to purchase insurance and or any other sorts of policies other than “Self-defense insurance” that would give coverage?
Evan Nappen 18:37
Well, Eli, thank you very much for your letter. And let me tell you. So, originally, the politics of this go back to when, in New York, NRA had pursued what’s called Carry Guard, and unfortunately Carry Guard when it was launched by the insurance company there, apparently, New York claimed that they did not follow New York insurance law in doing so. I believe they ended up paying a lot of money over that and the program was ended. This alerted the anti-gunners to the self-defense liability insurance, let’s say market, if you will. After that, you saw that the governors put out executive orders based on insurance banning these products. They banned these products by executive order by saying that they were not in compliance with New Jersey banking and insurance and that’s how they ended up prohibiting them in New Jersey. Then, of course, they used pejoratives by calling them murder insurance. It ended up forcing most of the self-defense liability companies out of New Jersey.
Evan Nappen 20:00
But here’s where there’s a little bit of blending in your question. Because you see, like self-defense liability insurance, what I think we’re really talking about is gun owner protection plan. Now, if you’re talking about civil insurance for if you get sued when you use your gun and then you want a claim to get covered, well, that’s a different kind of insurance. Now with that insurance, we’re talking about claims being made, because someone got injured because you shot them, and they want to allege a civil action against you. Well, not only was that originally prohibited by Murphy and then called murder insurance by him, but then in his signing of the New Jersey Carry Killer bill. They tried to come up with every hurdle they could to stop us from getting our carry license. So ,what do they do in that law? They put a requirement that gun owners that have a carry a firearm must get this type of insurance. So, the very thing that he called murder insurance and then by Executive Order prohibited, is the very thing that ends up, he signed requiring it for carry permit holders. Now a problem existed in that the requirements that they were promulgating that was actually put forward in the statute was so extreme that it forced insurance companies, if they were going to do such policies, to ensure intentional acts. Insurance companies don’t insure intentional acts. They insure negligence or things like that. Not intentionally, which is why it never was really murder insurance at all. But no insurance company would even right the product. The good news is that provision got enjoined as unconstitutional to even require that insurance, and it’s still enjoined. So, you do not need to get that insurance to have a carry. Page – 6 – of 10
Evan Nappen 22:06
Now the other type of “insurance” you’re talking about here, in a way is what Murphy originally banned, which were the gun owner protection insurance plans. However, if you’re a member of the U.S. Law Shield. Now how can U.S. Law Shield exist in New Jersey under Phil Murphy’s ban? That’s because U.S. Law Shield is a member-based program. They are members protecting members. It’s not insurance. Its members protecting members. So, that organization, prior to Murphy signing this order, had already gotten approval through the Department of Banking and Insurance, which they have in writing, that what U.S. Law Shield was providing was not insurance. So, therefore, U.S. Law Shield was able to continue offering the members this benefit. Whereas the other companies were not able to, such as USCCA and others. They had to leave, and they’re not sold in New Jersey because of this Executive Order and the things surrounding the sale of this type of insurance. But again, U.S. Law Shield is not insurance. Its members protecting members. And that’s the difference.
Evan Nappen 23:24
The other type of insurance that you’re referring to, where you’re covered for civil judgment, etc., that is not available, unless you get it as part of your protection in your homeowners policy, or you make want to get an umbrella policy, wherever you’re sued for anything else like that. If it’s recklessness or where you’re sued, you may have exclusions for recklessness. I don’t know. You are going to have to see. But at least for negligence or other things, accidents, what you might be able to do is get civil protection through your homeowner’s policy or through an umbrella policy for this, if you end up with a civil judgment. But as far as if you get criminally charged and you need representation, that’s what U.S. Law Shield is going to provide to you. I’m the Independent Program Attorney (IPA) for Law Shield in New Jersey. As the Independent Program Attorney, if anyone has a problem, then I’m going to be the one handling it through Law Shield. That’s how it works. That’s the difference here. Of course, there’s a lot of politics in it, and at this time, though, we don’t have that yet. Of course, it’s very odd that the law originally required it. So, maybe they’ll finally come around to realizing their original propaganda approach was flawed. Maybe we’ll see improvements on that and such insurance may become available. But no matter what, we’re not going to see insurance as laid out in the Carry Killer bill, because the requirements there are just beyond what insurers do. Eli, thank you very much for your letter.
Evan Nappen 25:11
Let’s take a look at another letter. Oh, and by the way, Eli talks about being a proud member of WeShoot, and I have to tell you, folks, WeShoot is awesome. I am a member, and I got my carry certification there. My son got his carry certification there, and my brother got his carry certification there. And you can, too. They are awesome. It’s a great range. Great group of folks there. I love it there. I really do, and I know you will, too. They have top of the line trainers, and as the other listener’s letter I just read, he’s feeling the same way. You can see, and this is a great resource. There is a range right in Lakewood, New Jersey. Easy access there from Monmouth County, Ocean County, all that area. You know, it’s a great resource and a great range. Get training, join. Page – 7 – of 10
Evan Nappen 26:18
They do all kinds of fun things. As a matter of fact, November 15 is their turkey shoot. Now this turkey shoot is where you get to shoot a ballistic gelatin turkey. It’s about 25 pounds of ballistic gelatin in the configuration of a turkey, about 12 inches tall. If you go there on that day, they’re offering a special deal that includes range time, a gun rental, and you get to blast this gelatin turkey. It is really fun. I did it with my wife and my son. We had a great time. We blasted the gummy teddy bear that they did last time. So, we’re looking forward to stuffing a turkey full of lead at WeShoot. They do all kinds of fun, cool stuff like that. Check out WeShoot, and you’ll see what I’m saying. It’s not an exaggeration! Awesome range and awesome people. Get certified, get training. The trainers are wonderful people. It doesn’t matter if you don’t know how to shoot, your brand new. Don’t feel nervous at all. They will make you feel at home. Everybody’s like family there, and they will give you the knowledge and skills that you need. Check out weshootusa.com for more information. As a matter of fact, if you go to WeShoot’s website right now, the first thing, it’s kind of hilarious, is a pop up of me. I’m not kidding. It’s a pop up of me talking about WeShoot, my experience, my book, and what they offer. I just did this as hey, would you mind? ‘m like no, no problem. I just did it right off the top my head because it’s all true. I didn’t need a script. Don’t need it. If you want to see yours truly, take a look. I’m warning you. I have a face for radio. But check out WeShoot, and you can watch my pop up right there and learn about WeShoot. You’ll get a kick out of it. I know I did. But something that if you’re absolutely unbelievably bored, you will want to watch my video there. No, I’m just kidding. It’s fun.
Evan Nappen 28:48
And I am holding my orange book, the Bible of New Jersey gun law. It’s right there. New Jersey Gun Law – the 25th Anniversary Edition. You gotta have my book. Man, that is the book to have. Because it explains 120 topics of Jersey gun law in a question-and-answer format. There’s nothing else like it in the world. If you want to understand Jersey gun law, guess what, there’s a book out there. And I wrote it. Hundreds and hundreds and hundreds of man hours to get that written. It’s a labor of love, and I did it for you. So many people use it, rely on it, and thank me every day for it. It really makes me feel good. You need to have that book, so you don’t get tripped up, so that you know the laws. Then on the front cover of this book is a QR code. You got to scan it because that gives you access right away to my free, 100% free, Subscriber Portal. Once you subscribe there, within 24 hours of when the law changes in New Jersey statutes, attorney general opinions, anything that affects our gun rights in Jersey, I’m letting you know. I have the updates there and they’re free. This book stays current all the time, and with archive access, you can access any of the older updates. And so, once you buy this book, it’s kind of a living book that will stay updated, and it’s free. If you’d like to get a copy, just go to EvanNappen.com. That’s my website, EvanNappen.com. You’ll see the bright orange book. Just click on it and order yourself a copy. You’ll be glad that you did.
Evan Nappen 30:24
Hey, let’s take a look here at another letter from a listener. This is from Steven. And Steven says question for your podcast (which is excellent. I have to say). I like your parentheses a lot. Thank you, Steven. I may be a bit ahead of schedule here. But what are the renewal requirements for a New Jersey PTC? Thank you for calling it a PTC, Steven. I appreciate it. My current PTC expires in about a year, and I just want to be ready and on time. Yeah, PTC because we don’t have a CCW. We don’t have as a Concealed Carry Weapon. Concealed Carry Weapon. It’s a Permit to Carry a handgun, that’s Page – 8 – of 10
literally what it is. I know CCW is out there in the ether, and it’s hard to break away. I get it if you use it. But let’s try to be accurate. In New Jersey it’s a PTC, because it doesn’t allow you to carry any other weapon. Whereas in Florida it does. Florida allows you carry other weapons other than a handgun. But Jersey is Permit to Carry a handgun. It’s a PTC. Anyway, P.S., I’m fully prepared to hear that no one knows.
Evan Nappen 31:37
Yes, I would understand you might think that. It’s pretty good to see that no one knows what the renewal requirements are. But actually, we have a pretty good idea. Now that doesn’t mean that it’s not subject to change. Of course, it might, but the law does lay out what the renewal requirements are. They’re basically the same as getting your original license. The only difference is going to be in the renewal application is whether or not you would have to requalify under the CCARE. If you’ve taken the CCARE within two years of your application for renewal, you don’t have to take it again. Once you have it under your belt and you’re reapplying within that two-year period, then you’re covered for your qualification course. So, you’d be good to go. Then it’s all the usual stuff, the same as on your original application. So, that’s all there is to it. At this time. That’s it. So, there’s nothing to sweat about the renewal. You already got your PTC, and you know what’s involved in getting that. Well, that’s what’s involved in getting your renewal. But it’s a good question. And I understand why you wonder what it is and that no one might even know, but actually we do know. Now what might change, of course, are some serious things in the law based on the litigation being brought by our show sponsor, the Association of New Jersey Rifle & Pistol Clubs. They are currently challenging the Carry Killer bill and a number of the provisions that are in the licensing requirements. So, there may be changes in the renewal; hopefully for the better, based on success in litigation. But for now, it will be essentially the same as on your original carry if your original carry was a chief-issued carry.
Evan Nappen 32:06
If you ended up going through the courts and had to have your license issued by a judge, which was prior to the law being changed, well, then it will be even more different for you because now we’re dealing with the chief issued permit and judges, thank God are no longer involved in the process. They’ve always been a problem more than anything. They have never been the defenders of our rights. It’s just the opposite. They’ve been trying to figure out any way to stop us from exercising our rights because it’s guns, you know. For some reason, they can’t understand the Second Amendment and what it means. But, luckily, we’re away from that now. It’s chiefs that are doing the job or the Superintendent, depending on where you live. The difference between the old application and the new application, other than judges, would be the new CCARE requirements, which of course everybody knows you need to do. If you need to requalify and if you haven’t by December, the countdown clock is on my website at EvanNappen.com. So, make sure you get the new CCARE under your belt. It’s not difficult. You can do it. And that’s also the training requirements for new applications. It’s simply testing core competency. Any competent shooter should be able to handle that. The other differences would be an additional reference, going from three to four, and a higher price. It’s now $200 versus the old $50. But it’s still a shall issue license now, and it’s a benchmark for New Jersey. We have finally gotten a shall issue license. Now we’re working on expanding its utilitarian value by trying to defeat the limitations that the state has put on it, particularly the 25 sensitive places, and other nonsense to create victim disarmament zones in New Jersey. Page – 9 – of 10
Evan Nappen 35:31
Hey, let’s talk about the gun owner fuckup of the week. These are real cases, real people, real things that I see. And I say, ah, and then it becomes very costly for these folks to try to straighten it out and to deal with it. And I say, I want my listeners to know about these things. So, hopefully, they can avoid the same mistakes. This week I want to talk about consenting to giving up your guns. Folks, please, if the police ask you to surrender your guns, the answer is NO. You will not surrender your guns unless they have some type of court order. That’s it. If they have a court order for an ERPO (Extreme Risk Protection Order), or a court order for a TRO (Temporary Restraining Order), or if they have a court order for a Duty to Warn, okay. But the police just coming to you and saying, we’d like you to surrender your guns. Would you cooperate with us and surrender your guns? Then they usually will add, don’t worry, we’ll be able to give them back to you. Or just for “safekeeping” or whatever other excuse they may have. The answer to that is a big NO. Why? Because you need due process, folks.
Evan Nappen 37:02
If you think you’re being really great and cooperative because you just let the police take your guns without any bit of due process, without any court order whatsoever, then now, it’s going to be that much more difficult to get your guns back. Sometimes I’ve even heard people say, why did you surrender? Well, just this week, someone told me, I gave them because they said if I didn’t, they were going to violate an Extreme Risk Protection Order on me. Good. Good. Because if they file that, that means we’re going to court, and we can fight to get your guns back. When you just give them up, there’s no statutory framework to get your guns back. If they take your guns by a TERPO, the statute lays out on the hearings, and how we can get your guns and your gun rights back. If they take your guns with a TRO, the statute lays out the procedure on weapon forfeiture and getting your guns and gun rights back. If they take it because of the Duty to Warn, guess what? There is statutory framework to get your guns back. If they take your guns because you just said okay, take them, and they didn’t have anything from the court saying that’s what you’re required to do, there is no statutory framework to get them back.
Evan Nappen 38:25
Now we’re going to be begging the prosecutor to try to get them back to you. They’re not under any obligation or under any pressure in a court, to show up to any court date for nothing. They’re going to sit on it and wait on it. There’s no reason to move on it as your guns sit there and your card sits there. It’s all been given up voluntarily by you, and you want to get them back. Yeah, right. We have no leverage, folks. Then it’s going to take something expensive, like maybe a replevin action, for returning property, which is then going to trigger other things from that, and it’s going to get out of hand over the whole battle. Whereas if you had said NO, and instead insisted on the due process, we’d have that statutory framework to fight to get your guns back, instead of putting you in limbo over your guns and your gun rights without any due process or any system in place to address it in an efficient, regulated manner. That’s the screw up for today. Don’t you ever make that screw up. This is Evan Nappen reminding you that gun laws do not protect honest citizens from criminals. They protect criminals from honest citizens. Page – 10 – of 10
Speaker 3 39:40
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.