Gun Lawyer Episode 162
gun, firearm, new jersey, handgun, jersey, boyd, carry, gun laws, state, resident, brace, guns, atf, law, gun owner, pistol, great, ban, article, federal law
Speaker 3, Evan Nappen
Evan Nappen 00:00
Hi, I’m Evan Nappen, and welcome to Gun Lawyer, the number one gun rights podcast in the world as rated by Feedspot. Hey, we have, of course, the GOFU at the end of the show, which is the Gun Owner Fuck Up of the week, an extremely popular segment that we do. But before we get to that, I want to talk to you about what is absolutely the most sensitive place that a person should never, never carry. This was revealed in a recent article. The article here, which I’m reading from actually, was on Fox News’ website, and the reporting is done by Landon Mion of Fox News. The title of the article is “Indiana man found with handgun hidden in his rectum after being taken into custody”. (Fox News, published November 29, 2023) This is something that, when we want to talk about sensitive places, I think this one wins a prize. It should probably be on New Jersey’s Carry Killer Bill, and I don’t think any gun owner would object to that prohibition. As a matter of fact, if you weren’t a gun owner who objected to that prohibition, then maybe you shouldn’t be a gun owner.
Evan Nappen 02:04
This is, you know, even notwithstanding any ammosexuals, and I’m sure you know what an ammosexual is from our famous podcast but ammosexuals. They are individuals who have a great love of firearms and zealously defend the Second Amendment. I am an ammosexual as well. But even given that I am such an ammosexual, I would never carry in that sensitive place for sure. Now, this article is very interesting because you might think, hey, what gun was actually stored in this sensitive place by this person? His name is Christopher Boyd, and he is 32 years old. Do you think it might have been maybe like a North American Arms mini revolver, maybe? Or maybe some single shot .22 caliber Deringer? Nope, not Mr. Boyd here. According to the article, he had a Smith & Wesson Bodyguard .280 up his ass. Now, I have to say that that is impressive. It truly is, folks. You have to admit that is impressive because that is not a small cylindrical firearm. This is, you know, a pocket pistol agreed. But it’s a semi-auto .32 pocket pistol. This is like the size of an LCP or a Kel-tech. You know, one of those kinds. I mean, this gun is painful, and I am just amazed where this was found.
Evan Nappen 04:21
He’s an Indiana ex-convict, who was prohibited from carrying a firearm. I bet he is. He had it hidden, according to the article, in his rectum, and when he was booked into jail, he underwent a body scan and a strip search. He was a passenger in a vehicle which the police pulled him over for an obscured license plate. I guess that wasn’t all that was obscured. When the police patted down Floyd, the article Page – 2 – of 8
says they discovered a small bag with multiple pills in his right sock. Isn’t that where you always keep your medications? According to the police report obtained by The Smoking Gun, Boyd claimed the pills were Percocets, and he claimed that he had them because he had pain from a bullet lodged in his spine. So, he had pain from a bullet lodged his spine but not from a gun lodged in his ass. Or maybe the Percocets was like an aid to carrying in this manner. I mean, under Jersey law, I have to admit, that is not a legal holster. And it’s not only on one’s person, it’s in one’s person. To be a legal holster, yes, it covers the main body of the firearm, and it covers the trigger guard. But it has to be, you know, adequately secured to the body, and I don’t think in the body counts. I’m talking about inside the waistband not inside your ass. This is crazy.
Evan Nappen 06:08
Boyd also said during the search that he couldn’t spread his legs because of his spinal injury. Oh, that’s a good one. Yeah, can’t spread his legs because of the spinal injury, you see. Then they said, while searching Boyd’s groin area, he tensed up. Oh, my God, he clenched. He clenched because of the Bodyguard in his ass. Oh, my god. The suspect was asked, if he had “anything stuffed in his groin or buttocks”, the report noted, but “Boyd stated that he did not.” He didn’t. He said he didn’t is what it says. He denied this. But a strip search revealed two plastic bags containing marijuana “tucked next to Boyd’s scrotum”. Man, this guy is tucking weed under his balls and a gun in his ass. Amazing. The article notes that recreational marijuana remains illegal in Indiana. So, I guess in Jersey, you could carry marijuana under your balls. It’s not unlawful in New Jersey, but it’s still unlawful under Federal law.
Evan Nappen 07:22
Then the article goes on to say, “Boyd tensed up and refused to comply and was lowered to the ground”. An officer lowered Boyd’s pants to remove the item that was in his rectum. It must have been a joy, you know, talk about a tough day at work, huh? How about that story? Today I pulled a Smith & Wesson Bodyguard 32 out of this guy’s ass. But the suspect continued to clench his buttocks. So, he was resisting. Oh my god, they could charge this guy was resisting. Imagine that fact pattern to the charge. Well, Your Honor, he was resisting in the attempt to remove the Smith & Wesson Bodyguard from the anus of the suspect. He started clenching his buttocks, thereby resisting this officer. Oh, that’s going to be great. That’s a great report. It should be framed. But the officer said, now get a load of this, he was able to see that the object Boyd had in his rectum was a handgun. Oh, my god, talk about spread wide, that is one shitty search, folks, and the firearm was subsequently removed. Now, they do say that it’s unclear whether the handgun was loaded. Well, look, if you’re going to carry a handgun up your ass, it may as well be loaded. I mean, come on. The police confirm that the firearm was not stolen, and I guess after this incident, nobody would want to touch it.
Evan Nappen 09:06
But anyway, it reports that, yes, the gun was a Smith & Wesson Bodyguard, a .380 caliber pistol. Yes, we’re aware of that. It weighs 12 ounces and is about five inches long. The article claims it was lightweight and simple to use. I don’t think Smith & Wesson’s directions instruct rectal carry as simple to use. It does though, and this is pretty funny. The article says that the gun is “perfectly suited for concealed carry”. Well, I guess it is, but that’s probably not what Smith & Wesson had in mind even though such language is posted on their website. Now they’re going to have to put a warning, I’m sure. Page – 3 – of 8
Warning: do not carry any of our handguns stuffed up your ass. Although suitable for concealed carry, Smith & Wesson does not advocate this method of carry.
Evan Nappen 10:18
It also mentions that Boyd’s previous criminal history includes convictions for attempted murder, burglary and domestic battery. He is also the subject of an active protective order that’s been classified as a serious violent felon, and a domestic batterer, which prohibits him from possessing a handgun. He was charged with multiple felony drug and gun trafficking charges, and he was booked in the jail without bond. Well, there you go, folks, that is what I would officially call a “sensitive place”. I would also find it interesting that under New Jersey law, the Duty to Disclose could be very interesting. Hi, about that Duty to Disclose. Imagine having to disclose that to the officer. What do you have to do for that? While this is just loads of fun and people are just amazing in terms of the extremes that they will go to, to conceal their crimes, this one demonstrates the depth of just such things.
Evan Nappen 11:39
Hey, I want to mention, of course, that our wonderful sponsor, the Association of New Jersey Rifle Pistol Clubs, is out there doing battle for you as we speak. They are in the federal courts litigating over the Carry Killer bill and sensitive places. Not the sensitive place we just discussed, of course, but other sensitive places that are in fact a pain in the ass to gun owners that wish to carry to defend themselves so they don’t have to be victims, instead can be defenders. Our great Association is also down in Trenton with a full-time paid lobbyist, actively defending our rights in Jersey in a very difficult environment and doing a great job. You need to be a member. You need to be part of the solution. Join ANJRPC.org. You’ll get email updates, the legislative alerts, and you’ll get the greatest newsletter on Jersey gun laws that’s out there. You’ll be glad and proud that you’re a member of our state Association.
Evan Nappen 13:03
Of course, our other fine sponsor is WeShoot, and WeShoot is an indoor target range in Lakewood. WeShoot is a wonderful place. I love WeShoot. I really do. That’s the range where I shoot, and it’s the range where I got my certification for my carry. It’s also the range my family shoots, my brother shoots, and many, many of my friends and listeners. Everybody loves it there. They treat everybody spectacular; they really do. They just treat everyone like family, and they’re just great people. You never have to feel intimidated. You never feel that you’re being subjected to undue harassment. Some of these ranges are just unbelievable when they come to dealing with their clients. WeShoot is friendly and just a great place. They have magnificent trainers, and they have great folks there that can get you your certification. They can give you basic training and advanced training. WeShoot has top people doing the training, and they are extremely popular. They’re so convenient right there in Lakewood, right off the Parkway, near Monmouth County / Ocean County, etc. It’s so easy to get to. And remember ranges are our resource. Without a place to shoot, how are we ever going to shoot? So, you need to go to WeShoot. Check out weshootusa.com. They have great deals on memberships and great deals on guns. They can outfit you, equip you, train you, and help you through New Jersey’s rigorous path to exercising, safely and effectively, your gun rights. So, check out weshootusa.com. Page – 4 – of 8
Evan Nappen 15:09
Now let me also shamelessly promote my book, which is New Jersey Gun Law. I know many of you have New Jersey Gun Law – 25th Anniversary Edition, and as I’ve warned, don’t lend it to anybody because you’ll never get it back. But here we are, Christmas season is approaching, and it does make a fantastic gift. Over 500 pages. It is 120 Jersey gun law topics explained in an easy to understand question and answer format. It’s a labor of love by yours truly, and it’s the only book out there that does this. On the front cover is a QR code. You scan it, and you’re now part of my free subscriber base. For free, you will get all the updates within 24 hours of any legal changes. You’re going to get notice from me, and the update is going to be there. You can access the archives and you can get all the updates, so your book stays current. That’s my mission here, to keep that book current so that you can navigate through the treacherous waters of New Jersey’s gun laws, and know about the changes, both good and bad. It’s very important that you have that book. It is your survival manual for New Jersey gun laws. Just go to EvanNappen.com. That’s my website. EvanNappen.com. You’ll see the big orange book right there. Just click on it and order yourself a copy today.
Evan Nappen 16:43
So, let’s take a look now at some letters that have been sent in to Gun lawyer. We’re going to do the GOFU, of course, which actually ties in to one of the letters. But actually, before we get to the letters, let me just also mention this legislation that’s been proposed. Just as a preemptive warning out there because we have to constantly be aware of these threats. There’s a bill that’s now being proposed and pushed federally by Senator (Angus) King of Maine. It is just so absurd that a state like Maine has a (U.S.) Senator who is so anti-gun when that’s such a great sportsman state. But Angus King there, he’s at it again. He has put together a bill to ban, drumroll please, all assault weapons. Oh, yes, assault weapons. What the fuck is an assault weapon anyway? They don’t really know. They just make it up. It’s defined differently and changes all the time. But, in this case, they have their new arbitrary distinction of what a so-called assault weapon is, and here’s what his bill does.
Evan Nappen 18:13
The bill is called, you know they always have those cutesy names, the GOSAFE Act, GOSAFE Act. They’re claiming that this is (Senator) King that is, this is different than what’s commonly known as an assault weapons ban. Oh, really? Why is it so different? Well, it’s different because it’s regulating how guns are made, rather than banning specific models. Oh, how clever! They are going to go at how they’re made. Really? And how’s that going to work? Oh, well, here’s the deal, folks. It’s only going to affect with a ban, by the way, on rifles and shotguns that would be banned from having magazines that carry more than 10 rounds while handguns could carry up to 15 rounds. Now, wait a minute. It’s not a magazine ban. No, you see what they’re going to do is mandate that guns can’t have magazines that carry more than 10 rounds or more than 15 rounds. Well, gee, how does a gun work? How does a semi-automatic, magazine-fed, gun work? You take out and put in the magazine. The size of the magazine is not tied to the gun. So, wait a minute, how are we going to ban manufacture of guns that can accept a magazine that holds for rifles and shotguns over 10 rounds and for handguns over 15? In other words, every gun is what, going to have to have a fixed magazine now? A fixed magazine with that limit only, so that you can’t do any reloads at all. Page – 5 – of 8
Evan Nappen 20:07
Look, I don’t have the exact text. But that sure seems like what they’re planning here. And whatever cockeyed thing that this is going to be, here’s a cute part of it right here. What about guns that you already have? Oh, well, they’re going to be so nice. They’re going to let you keep those guns, but none of those guns can be sold. You can’t sell your guns anymore, folks. You can only leave them to your heirs. But no more sales. Period. If you have a rifle or shotgun or handgun that exceeds the capacity limit arbitrarily chosen by Mr. King and his Democrat cohorts that are out to destroy our Second Amendment rights. Of course, this has absolutely no effect on crime. Don’t be silly. We all know that criminals are going to ignore this. It doesn’t mean a damn thing to them. But they can turn millions of law-abiding citizens into criminals, which is what the Democrats do, which is what their actual focus is, to disenfranchise us by turning us into felons. So, none of us can have guns. This is their approach, and they want to limit our right to defend ourselves. They want to put us at a tactical disadvantage to the bad guys every time.
Evan Nappen 21:47
I’m sorry, how many bullets is your life worth? Is your life only worth 10? Because that’s what Mr. King thinks. How about 12? Is your life worth 12 or maybe 15? Well, your life’s worth 15, but only if it’s a handgun. It’s not worth 15 if it’s a rifle or a shotgun. Then it’s only worth 10. Isn’t that nice? What a load. Well, the good news is that these bills do have an uphill climb, and they’re tough. But they’re really putting on the pressure apparently. They’re going to really try to make this one fly. And, of course, if the “Destroy America Party”, I mean the Democrats, ever get full power again, I’m sure that you will see this gun law and others pushed despite, despite the fact that it is our Constitutional right as declared by the trifecta of Supreme Court cases, Heller, McDonald and Bruen. Despite the fact that it’s enshrined in our Constitution, and these is our God given right. They don’t care. They do everything they can to abuse it. Here’s yet another example, but I wanted you to be aware of that.
Evan Nappen 23:13
Now, let’s take a look at a letter here. This letter is from Martin, and Martin says, Hi, Mr. Nappen. It looks like a Federal judge in Texas issued a nationwide injunction blocking the enforcement of the pistol brace law at the beginning of this month. I’ve been looking around to see if and how it affects us in New Jersey, and I can’t find anything about it online. To myself and my friends, you are the go to person to get clarification on such matters. And I want to see if you have anything about that. Is it legal to possess a pistol brace in New Jersey? As usual, as a resident of Jersey, I feel like I’m in a gray area when it comes to understanding or knowing where we stand when it comes to gun laws and wanting to see how New Jersey is handling these new changes regarding pistol braces. Thanks in advance for any opinions that you may have.
Evan Nappen 24:04
Okay, so, yes, a Federal judge did in fact issue a nationwide injunction on the ATF from enforcing the pistol brace ban. That was great. And that’s a win, and we’re glad to hear it. Now, it is being challenged, of course. So, we’re still going to be dealing with the appeals, and it’s not completely settled. But, at this moment, ATF is in fact enjoined nationwide from enforcing the pistol brace ban. So, if you have a pistol that has a brace and you did not comply with the rule where the ATF changed it to regard pistol braces as Short Barrel Rifles, as SBRs, and then you had to register your SBRs, which caused a whole other Page – 6 – of 8
problem in Jersey since SBRs weren’t legal to have in Jersey, whereas braced pistols were legal, so then you’d be admitting to having a Short Barrel Rifle. Well, now ATF cannot prosecute you while that injunction is on because they are enjoined from doing so.
Evan Nappen 25:19
But the problem still is, what about New Jersey law? Well, New Jersey followed the Federal ruling originally that said pistol braces were fine and that they weren’t SBRs. Then the Feds changed the rule and said they were SBRs. So, we would suspect Jersey would have to take a different view of pistol braces, but then the injunction came down that says ATF can’t enforce this, which leads to the conclusion that the pistol brace ban itself is flawed and unconstitutional and improperly passed and wrong. So, therefore, if New Jersey tried to pursue it as well, even though they’re not enjoined, they would have to also backtrack on their opinion and then rely upon the new rule. But the new rule is what’s been challenged in the case. The bottom line here is I know that there are sellers online, legitimate, national sellers that are against selling pistol braced guns and that’s fine. If you in Jersey have a pistol braced gun, I would say, at the moment, you’re safe from enforcement by the Feds, that’s for sure. The state, although not enjoined, I think would have a tough time trying to prosecute while this case has thrown the entire redefinition into so much doubt. But, of course, you never know in Jersey because we see absurd things happen all the time. But, basically, it’s good news.
Evan Nappen 27:08
I would also say that if you want to be conservative, still wait, which is a good idea, and see when the dust completely settles, particularly with the appeals, and how this gets viewed with a little more time. Keep in mind that guns that were pistol braced, such as “others”, which are now viewed not as “others” or pistols by the Feds, they are viewed under that definition as rifles since the Fed declared them to be Short Barrel Rifles. If you have modular type firearms like AR types and you switch the upper to a compliant upper, meaning over 16 inches, therefore making it from a short barrel rifle to a long barrel rifle. You can even take the bolt carrier out. You just need the upper and still use the same bolt carrier. Then make sure that in so doing, however, you don’t inadvertently create an assault firearm under the New Jersey definition, which would mean that you cannot have a stock on there that’s folding or telescoping. On your new upper, you wouldn’t want to have a bayonet lug or threaded muzzle or a flash suppressor or a grenade launcher. I know you all go out on weekends launching grenades in New Jersey. So, you’d better stop that. But those are the features. Now, of course, it’s still going to have a pistol grip, but you’re allowed the one offending feature. For now, still be cautious, but it is good news. It is playing out well and positively. We’re going to see more on all this ATF overreach as the Supreme Court is now reviewing the bump stock ban, which, of course, was conducted in a similar manner and the other overreaches by ATF. I think the Supreme Court is poised to finally slam ATF into the ground on this crap. But we will wait and see about that.
Evan Nappen 29:16
Now I have another question, and this question also relates to the GOFU of the week. This letter says, Hi Evan. Quick question is from Jeff. Quick question / feedback from the latest episode. You discussed (warned) about receiving guns as gifts. I have observed that in some cases, New Jersey laws can be subverted (legally) by taking a short drive across the Delaware River. Hypothetically, if two people were to drive to PA, and one of them was to purchase a long gun from a dealer, could they not lawfully turn Page – 7 – of 8
around and ‘gift’ the gun to the second person? As long as long gun purchased was not prohibited in New Jersey? The purchase would have taken place legally in Pennsylvania and handed off to the other person in Pennsylvania. As far as I know, registering a gun in New Jersey when bringing it from another state is voluntary? If nothing else, this would avoid paperwork, possibly some taxes / fees of a transfer, and the second person from having to obtain a New Jersey purchase permit. Of course, I’m not expecting an answer just for myself, but I thought it’d be of interest to other listeners in another episode. I learn something new from every one of your podcast episodes. That is a great thing in and of itself, but at the same time it’s a bit unsettling because I like to think I know, NJ’s gun laws quite well, but then you mention something that I didn’t even realize is not legal.
Evan Nappen 30:48
Well, Jeff, thank you, and thank you for your support. But you have actually outlined something in your letter that is not legal, and this ties in to our GOFU. So, what about going across state lines and making gun purchases? That is a classic GOFU. Now, there are ways to do this legally, but it’s not about the gifting part. It’s the failure to understand Federal gun laws as well as state gun laws, and how they interplay with each other. So, individuals, clients, I know, have gone to other states, made acquisitions in unlawful ways, and that has caused some problems. Also, gun owners have been lured to make a gun transaction in other states, and that’s a big GOFU. Then they face federal charges. Let me tell you, folks, if you’re lawfully looking to sell your gun, in a lawful manner, and the person who wants to buy it from you, convinces you to cross state lines to buy it, red flags, fireworks all that better be going off. Because that’s the attempted way of getting the federal jurisdiction over interstate commerce to charge you with violating the gun laws. Big flag. I’ve had a number of cases where that setup occurred.
Evan Nappen 32:52
But here in this hypo from Jeff, two people from Jersey, say, hey, look, we’ll buy it in another state. You can transfer it to me there, and then I’ll bring it back. It’ll be okay, right? The answer is NO. The answer’s no. Because a New Jersey resident, or we’ll just say a non-resident of the state where the firearm purchase is taking place, that non-resident may buy a long arm, a rifle or shotgun, from a dealer in that other state, as long as the dealer obeys the law of the home state of the dealer and the law of the non-resident for a non-resident long arm purchase from a dealer. However, a private seller cannot sell to a non-resident. So, in Jeff’s hypo, when that person, let’s say in this case we’ll even say he lawfully acquires the rifle or shotgun from a dealer in Pennsylvania, he cannot transfer it in Pennsylvania as a non-resident to another non-resident in Pennsylvania. That’s breaking Federal law. You also couldn’t have this person take your gun across state lines as a non-resident, and then sell the firearm to another non-resident or transferred to the non-resident without putting yourself in jeopardy of Federal law. So, that’s what is missed in Jeff’s hypo. It’s not the Jersey law issue. It’s a Federal law issue.
Evan Nappen 35:04
Non-residents may only purchase long arms from dealers, and non-residents may not purchase handguns at all in other states. If you’re a non-resident and you go to another state and buy a handgun, it has to be shipped to a Jersey dealer by that dealer. It needs to be shipped. Under federal law, that dealer cannot sell a handgun to a non-resident, only a long arm. Now, when that law was originally put forward under the Gun Owner Protection Act to allow for the sales of firearms to non-residents, Page – 8 – of 8
handguns were allowed as part of the bill, as proposed. But the anti-gunners, particularly the Senator from New Jersey struck it, or no Connecticut actually, and made it so that the handgun part was removed. Now I believe that the federal law should be reformed so that a non-resident can buy rifles, shotguns, or a handgun from any Federal dealer anywhere, as long as the dealer obeys the law of the home state and the resident state just like for long arms. But you can’t do that now. It’s only long arms, not handguns. So, be very careful in making the acquisition out of state from a non-dealer.
Evan Nappen 36:39
Now, just to note, though, guns that are not covered by the Federal law, do not have a problem with acquisition or even transfer out of state. This would include air guns and black powder guns. So, an exemption to everything I just explained to you would be if two residents of New Jersey left the jurisdiction of New Jersey and one of them had a black powder firearm with them. And while in Pennsylvania, they gave the black powder gun to the other non-resident while in Pennsylvania. Pennsylvania law is not affected, and Federal law is not affected. Now that Jersey resident could bring that gun back to New Jersey without having done any paperwork on that gun because black powder guns and air guns are not covered by the Federal law that does cover modern, cartridge-firing firearms. So, there’s the loophole, if you will, as applied in Jeff’s hypo to air guns and black powder guns, but it does not work with modern firearms. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. It protects criminals from honest citizens. I wish that Senator King recognized that.
Speaker 3 38:21
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.