Gun Lawyer Episode 165
new jersey, gun, individual, state, guns, firearm, law, pregnant, carry permit, lawyer, gun laws, great, protect, breastfeeding, prohibited, permit, attestation, compliant, new mexico, submit
Evan Nappen, Speaker 3
Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. Well, I have some very exciting news, and this is just kind of breaking news. New Jersey is actually going to protect the life of the unborn and of the mother. I know you might find that surprising to hear in a state like New Jersey, but yes, they actually have stepped up to the plate to protect the life of the unborn and of the mother. Let me tell you how and why that’s happening. It actually relates to guns, which is why we’re talking about it on Gun Lawyer. On December 21, (2023), the Attorney General released a Memorandum, and this memorandum applies to the CCARE, the requalification, which must be completed by December 31 (2023). Remember, it’s been extended. If you have a New Jersey carry permit, you have to put in that requalification certificate that you met the CCARE protocols or that you met the handgun qualification course protocols and that it meets the re-certification standard. This has to be submitted by December 31, (2023). You have to have that new signed certificate. If you do not have that on your previously issued carry permit, then your license will become void. You will be essentially carrying with a voided carry permit, and then your local police department will be knocking on your door. It is not going to be good. So, make sure you meet this deadline.
Evan Nappen 02:06
However, if you are pregnant or breastfeeding, then the state of New Jersey, through the great efforts of our state Association and a good friend and colleague, Dan Schmutter, and I’ve helped out here as well I’m proud to say, we were able to get a temporary exemption placed to the deadline for individuals who are pregnant or breastfeeding. Now notice I said “individuals” and that’s because that’s exactly what New Jersey calls it. New Jersey did not say pregnant and breastfeeding women. No, no, no, no. They said, “pregnant and breastfeeding individuals”. Let me read you what it says. “The State has received inquiries regarding pregnant and breastfeeding individuals and the ability to safely complete the CCARE protocol.” So, the good news is if you are a pregnant or breastfeeding woman or man, if you are pregnant or breastfeeding man, you can also take advantage of this temporary extension. That’s right. And what does it say? It says: “Issuing agencies shall grant temporary accommodations for these individuals . . . , right? Not women, individuals. So, don’t worry about biological distinctions here. None of that is of any concern. If you’re pregnant and breastfeeding, then you may be able to take advantage of this requirement. I’m sure if you are in fact a biological man who is pregnant and breastfeeding, the last thing in the world New Jersey would ever do is challenge you on that. So, keep that in mind as to how this extension works. Page – 2 – of 7
Evan Nappen 04:05
“. . . if they have previously successfully completed a live-fire test . . .”, okay, so if you previously completed that test, “. . . and otherwise satisfy the requirements of N.J.S.A. 2C:58-4, but are temporarily unable to complete an updated live-firing test at a firearms range without risk to their own health or the health of their fetus or child.” Notice their health or the health of their fetus or child. “To request such an accommodation, such individual shall submit a written attestation from their treating physician to the issuing agency as to the following (all four components are required): ” Ready? “1) Identifying the individual’s temporary medical status or condition, and stating that participating in a live-fire test at a firearms range would pose a risk to the individual’s own health or the health of their fetus or child; 2) Protective measures, such as but not limited to face masks, gloves, or noise-cancelling headphones, and/or choosing to complete the test at an outdoor range facility, would not mitigate the risk; 3) The individual’s medical status or condition is not one that would prevent the individual from otherwise safely handling a firearm under N.J.S.A. 2C:58-3(c)(3); and four (4) The expected duration of the temporary disability. Such individuals must still also submit a certificate from a certified firearms instructor certifying that the individual has successfully completed the Use of Force Training for Private Citizen Concealed Carry. However, the instructor should indicate on the certification that the course-of-fire qualification was not completed due to temporary disability.”
Evan Nappen 06:15
So, there you go. You now have a way for you pregnant individuals, you breastfeeding individuals, you now have a way to extend this deadline by getting that attestation. It further says, “Existing Permit Holders: If the individual obtained a permit to carry prior to July 1, 2023, that is not scheduled to expire until after December 22, 2023, the individual must submit the foregoing prior to January 15, 2024. If properly submitted, the permit shall remain valid for the duration of the temporary disability, plus 30 days.” So, in other words, if you have a carry permit right now and you are a pregnant or breastfeeding individual, then your deadline to submit this proof, this attestation, goes to January 15, 2024. If you do that, it will remain valid for the duration of the temporary disability. So, as long as you are pregnant and remain pregnant or breastfeeding in such a way there is a danger aspect to that fetus or child and that attestation has been stated as to when that shall end, you get that date plus 30 days.
Evan Nappen 08:02
Then it goes on further and says: “Renewals: If the individual is seeking to renew a permit-to-carry previously received, the individual must submit the foregoing along with their renewal application. If the individual otherwise satisfies the requirements of N.J.S.A. 2C:58-4, the agency shall issue a renewal permit, contingent with completion of the CCARE requirement within 30 days of the end of the temporary disability.” So, if you’re an existing permit holder, your deadline has been extended. If you’re doing a renewal and you had the live-fire and you can still attest, then you’re good to go here for all you individuals out there that may be pregnant or breastfeeding and fit this. “It is the individual’s duty to comply with the timeliness ascribed here; failure to do so will render the permit invalid. If the medical status changes, the individual may submit updated requests for exemption. Issuing agencies are advised to consult with all applicable laws, including but not limited to the New Jersey Law Against Discrimination.” Page – 3 – of 7
Evan Nappen 09:05
So, there you have it, folks. This is the memorandum, and you may find it on the State Police website under Firearm Information. (https://www.nj.gov/njsp/firearms/forms.shtml) (Click “Forms to Download” and scroll down to the heading “Permit to Carry”. It is the second document, CCARE Memo dated 12/22/2023) You will see the memorandum outlining what I just said. This is where you can now seek exemption if you are a qualified individual. New Jersey is acknowledging finally to protect the life of the unborn and the mother. Isn’t that exciting, and it ties right into guns and the persons being protected. You simply have to be pregnant or breastfeeding, which nowadays, of course, can include both men and women. So, there you go. Biological men and women. It doesn’t matter. So, there you go. The State has stepped up to the plate, and, of course, we’re glad to see that this protocol is there for persons with this concern. They can now take the steps to ensure the health and safety of themselves and their fetus. So, thank you to the Attorney General and to the State of New Jersey for recognizing this without forcing litigation to have to occur and all that, spending all kinds of money over this.
Evan Nappen 10:33
But, folks, generally speaking, you have to make sure that your recertification certificate is in. I suspect that there’s going to be a lot of problems and issues for folks that didn’t do it. It’s going to come back and bite a lot of people right in the butt. Please be aware of this and take the steps that you need to take so that your carry permit doesn’t become invalid. Even worse, if it becomes invalid and you don’t know it, then relying on it and maybe even having to use that gun with a permit that’s invalid, you can see the escalation of problems that can occur here. Please be very careful and protect yourself.
Evan Nappen 11:20
One of the ways you can protect yourself, of course, is by joining the Association of New Jersey Rifle & Pistol Clubs. It is that group, that top gun rights group, in New Jersey that has been fighting for your rights and looking out for your interests. The reason that we even have this new memorandum protecting the unborn and helping to protect the health of the mother and the child. The reason that exemption exists is the Association of New Jersey Rifle & Pistol Clubs. They are also battling the State in the courts. They have the legislation going forward in challenge and that legislation being challenged is the assault firearm ban, the large capacity magazine ban, and the Carry Killer law that tries to restrict our ability to protect ourselves and not be victims of crime. All that is going on, and it’s the state Association. They’re defending you in court and with a full-time paid lobbyist in Trenton. They’re being vigilant and on alert for various legislative changes. Here, they were able to make progress through the Attorney General’s Office without litigation. In fact, getting many of these things that are important to us addressed in such a manner, not the least of which included the No Serial Number (NSN) gun ban that just created havoc, banning millions of guns to the degree that the CMP wouldn’t even sell guns in New Jersey anymore. The issue was resolved by who? Your state Association. That’s right. Or getting the CCARE protocol instead of the John Wick protocol that we would have been forced to do. Getting those established and made so we have core competency being tested instead. Guess who did that? That’s right. Your state Association. Look, folks, you need to join your state Association. They’re out there, and they’re creating real progress, real, actual discernible progress for our rights. Helping you and me to navigate this crazy state of New Jersey when it comes to gun laws. So, please join ANJRPC.org and be part of the solution. When we come back, I have a really interesting story to tell you, and of course, the GOFU. The GOFU that we all look forward to. Page – 4 – of 7
Speaker 3 11:43
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 15:11
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast.
Evan Nappen 15:17
Welcome back to Gun Lawyer. I’m Evan Nappen, and I would like to tell you that one of the most favorite places I love to go is WeShoot. WeShoot is an indoor pistol range right in Lakewood, New Jersey. They have a fantastic facility there. Anybody that I know that’s gone there, they always come back and tell me how much they loved it. How well they were treated. It’s all true. That’s where I got my certification, my training to get my carry. The same with my brother and my son. A great place to go with your family and have a lot of fun shooting. You’ll love WeShoot. It is top of the line. You know another public range nearby closed. They closed to the public. We’re losing our ranges. WeShoot is open WeShoot is there. If you went to that other range, there is still a facility for you. Make sure you go to We shoot. WeShoot is conveniently located right off the parkway. Easy to get to near Monmouth, Ocean and even Middlesex County, so easy. It is a great resource, and the top trainers. Get your training certificate there. Remember time is ticking here on this December 31st date. They have great people, a great staff, and you will find all kinds of wonderful guns and gear. They will help you find what is best for you. I mean it. They really take the care and concern so that you get a gun that’s fitted for you, perfect for you, works for you. You can rent guns there and try them out in the range as well. So, they’re really going to take care of you first class, and you’ll see just what I mean. Check out weshootusa.com. It’s weshootusa.com They have a great website with beautiful photography, really excellent professional photography. What a fun place and a great resource. I’m really proud that they are a sponsor of Gun Lawyer. Check out WeShoot, and you’ll see that what I’m saying is absolutely true.
Evan Nappen 17:49
This is the moment when I shamelessly promote my book. Yep, my book, New Jersey Gun Law. It’s the Bible of Jersey gun law. I’ve been practicing gun law in New Jersey for over 35 years. Yeah. Oh, boy, I hate reminding myself of that. But yeah, it’s true. Well over 35 years practicing gun law. It was after 10 years of practicing gun law that I wrote it. It’s now the 25th Year Anniversary Edition. It has grown to Page – 5 – of 7
over 500 pages with 120 topics, all in Question-and-Answer format. It is the only book of its kind that describes New Jersey gun law. All these crazy matrices that Jersey has created for us to have to learn to live under, and I try to make it as easy as possible. And most importantly, I have a QR code on the front of the book. When you scan it, you can subscribe for free to my gun law update. This gun law update lets you know right away about important developments. Like this new memo that just came out on breastfeeding and pregnant individuals and how you can extend your qualification deadline. All that you and guess what? If you were a subscriber, you would have gotten that update already. And you know you can access the archives. And you have all the previous updates. So, this is the thing, folks. You want to make sure that you get the book and keep it updated. The book stays current. That’s one of the greatest features about it that I love. We now have this system using technology to let you know about updates, have you access updates, to have the book always stay current. So, if you want to get a copy of this book, just go to my website, EvanNappen.com, and you’ll see the big orange book there. Just click on it, and you can order it. Within a matter of days, you will have your very own book.
Evan Nappen 20:01
Hey, this is a little news bit that I found, and I’m just like, you know, this stuff is just amazing. This is an article by Jennifer Sensiba, and it is titled, “A Sharp Petard: Sheriff Investigates New Mexico Gun Control Group for Violating Transfer Law it Helped to Pass.” (https://www.thetruthaboutguns.com/one-sharp-petard-sheriff-investigates-new-mexico-gun-control-group-for-violating-transfer-law-it-helped-to-pass/) There you go. The hypocrisy, you know, just never ends. The hypocrisy of these gun control groups. And what the article reports, it’s dated December 21, 2023, is that the city of Farmington, New Mexico, apparently decided they weren’t going to do another so-called gun buyback. Now, remember, gun buybacks are crap from the beginning because a buyback means they owned it originally. They didn’t own our guns originally. We own them. So, they’re not buying back anything. It’s a gun surrender program that they pay for guns that you surrender, but they ain’t buying back anything. Okay. They’re just paying for guns that are surrendered. What they decided is that, you know, it’s a total waste of public resources and money. They didn’t want to participate.
Evan Nappen 21:21
So, guess what? The organizers themselves wouldn’t accept that. So, they decided to do a “buyback” for themselves. Now this group, who is unbelievably ignorant, I guess. They are a gun control advocacy group called “New Mexicans to Prevent Gun Violence”. They decided that they are going to run this buyback by going to the homes of people who want to get rid of guns. Go to their homes, and they’ll trade them a gift card at their home. Then right there on the site, they use an angle grinder, and they cut the receiver in half. Then they take the pieces to a local high school, folks, a local high school. At the high school, they give the pieces to youthful control activist, better known as brainwashed dumbasses, who use the “bits of wood and metal to build antigun ‘works of art'”. How wonderful! Build those anti-gun works of art. The only problem, of course, is that they’re the same group that helped pass a law in New Mexico prohibiting private transfers of guns. They’re the ones that got their UBC (Universal Background Check) in place. So, private transfers are no good. Then the cutting of the receivers, well, that didn’t comply with ATF. So, they’re not rendering them properly, permanently inoperable. Then they transferred them to minors, by the way, breaking all kinds of law, and then doing it on school grounds, no less. How’s that? Page – 6 – of 7
Evan Nappen 23:20
So, given all that, you know, these anti-gun nut bags always think they’re above the laws that they want to impose on us and have all these draconian penalties. What the heck, right? Who cares? Those laws don’t apply to us. I mean, even in New Jersey, where they hold their “gun buyback”, I’ve offered a monetary reward in the past on my website if you could show me the statutes that authorize these things. But there isn’t any. There isn’t any. But again, why should that stop anti-gunners? They don’t have to worry about gun laws. Only law-abiding gun owners have to worry about gun laws, not the other side. Right? And here you see the example of it in New Mexico. However, this time, the local sheriff is investigating them. Yep. Now imagine that. Actually having law enforcement willing to even investigate them. I give them credit. Apparently, the New Mexico Sheriff there is not going to just stand idly by and is investigating it. They’re making it clear that they’re not buying the organization’s defenses, such as we’ve been doing it for years. Well, that, of course, doesn’t mean it was legally correct. Or, you know, they’re claiming that they simply dismantle the guns. All that is left is wood and metal.
Evan Nappen 24:54
Well, it ain’t that simple, isn’t it? Who and why is it that simple? Because of all the anti-gun laws passed by idiots like them. So, here it is coming back, hopefully to really bite them in the behind. It appears that the Sheriff is investigating, and he’s waiting for an opinion from the state’s Attorney General. Of course, the Attorney General there is a Democrat. However, the Attorney General there did refuse to assist, keep in mind, in the enforcement of the Governor’s unconstitutional “public health” order. So, maybe there’s hope, you know, even though it’s a Democrat. We’ll have to see. But then again, this is Albuquerque, and it’s possible that, you know, just given the politics, I’m sure that they’ll get a pass. The way law-breaking, Democrats always seem to get a pass. And that’s what it is. But there you have it, folks. The hypocrisy just knows no bounds, and there’s a great example of it.
Evan Nappen 26:08
Hey, let me tell you about the GOFU of the week, the Gun Owner Fuck Up of the week. What is it? Well, I’ll tell you what it is. Again, this is based on actual cases, actual clients, actual problems. Now, of course, I’m not going to reveal their names. But these things that I tell you, I just don’t make them up out of speculation. This is real stuff. The GOFU today is, if you have something that is prohibited in New Jersey and you want to bring it to New Jersey, your intention is to make this not prohibited once you have it in New Jersey, Don’t Do It! Make it compliant before you come to New Jersey. Hey, that sounds pretty logical, right? Sounds pretty much a big duhhh. But it’s not. People have good intentions. They figure, hey, I’m coming to the state, moving to the state and picking this up at the gun show, but I’m going to bring it into the state or move in here, whatever. They bring this in. This prohibited item with the absolute intention to have it made compliant. And lo and behold, just by luck, just by misfortune, that’s when the car breaks down. That’s when there’s a fire at the house. That’s when for some reason the police get involved in your life because of a domestic violence claim or a TERPO (Temporary Extreme Risk Protection Order) claim or some completely unfounded crap from somebody else that impacts you. Next thing you know, that prohibited item that you are fully intending to make compliant to possess lawfully , and you’re now nailed for unlawful possession of it. Then when you say, look, I was going to do this. And you know what? I honestly believe my client was going to make it compliant. I have even had many times where I know they were making arrangements and we’re trying to find who could do the work, who was competent to make something compliant or block this or do that, you know, Page – 7 – of 7
to make it Jersey legal. And they get busted. They get nailed with the item. And guess what? Now it just looks like they’re making up excuses for what was knowing criminal behavior.
Evan Nappen 29:06
You don’t want to be put in that situation, folks. So, the GOFU is really simple. Fix it first. Don’t risk it. Okay? Fix it first. Don’t risk it. If you’re going to bring it to Jersey, make sure it’s Jersey legal before you come to Jersey. As soon as you cross the border, you’re now in the battlefield, on the frontlines of the battle for our gun rights. It’s the war zone on our Second Amendment rights. Reasonableness and logic and all that stuff goes out the window once you cross into Jersey. Instead, you face draconian penalties, and this system is designed to destroy you, destroy your rights, destroy you as a person, take away your freedom, incarcerate you for minimum mandatory penalties. All so that they can have these great numbers to fool the public. Look at how many people we arrested, prosecuted, and convicted for possession of assault firearms. Assault firearms, you know, right? You know, their only purpose is to kill hundreds of people and look at what a great job what we’re doing protecting the public. Right? You know, selling the bullshit, folks. You don’t want to be another number that they use to do that. So, if you’re going to come into this state, make sure you are legal before you come into this state. Because if luck turns on you, your problems are tremendously serious.
Evan Nappen 31:05
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 31:17
Gun Lawyer is a Counter Think 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.