Episode 167-Gun Safety Lies

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Gun Lawyer Episode 167


gun, revell, firearm, safety, law, lies, consent, criminals, newark, new jersey, gun safety laws, gun owner, lawyer, gun rights, evan, protect, talking, bus, great, won


Evan Nappen, Speaker 3

Evan Nappen 00:00

Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, if you listen to the news, you’re reading the headlines, you’re watching the propaganda machine, and what do they always talk about? Gun safety laws. Every time they propose some law that’s going to take away our Second Amendment rights, turn us into criminals, restrict us in some way, it’s always a gun safety law. But these gun safety laws, they’re basically lies because it has nothing to do with gun safety. So, gun safety laws are gun safety lies. And every time you hear some politician bloviating about gun safety laws, think gun safety lies. Every time they try to push any anti-gun agenda and label it as a gun safety law, you know it’s a gun safety lie. And that’s what they do. They constantly lie and distort because that’s the only way they can get their anti- gun rights agenda through. By fooling the people, lying, and gaslighting us. They are constantly gas lighting over gun safety, when it has nothing to do with safety.

Evan Nappen 01:55

In fact, their gun safety lies are the opposite. Their gun safety lies make us less safe. Their gun safety lies want to, for example, restrict where we can carry a gun to defend ourselves and our loved ones. “Oh, those are gun safety laws.” No, they’re gun safety lies. Sensitive places are not a gun safety law. It’s a gun safety lie because it takes away our safety with a gun in the name of safety. I mean, it is absolute Orwellian what these people are doing, and we can’t let them get away with it. I’ve been hearing lately about California’s sensitive places. You hear them on TV. “Oh, yeah, these are gun safety laws. Why would anyone need to have a gun when they go to the supermarket? Just bring your bags.” Yeah right. Because they don’t allow you to have bags at the supermarkets in California even. That’s what they’ve done, banning everything that walks or crawls. But no, bring your bags. But you don’t need a gun. No, you need a gun to protect yourself from all the criminals that are at the food store, particularly in California.

Evan Nappen 03:18

“Oh, you don’t need a gun when you go to the mall. You just need your credit card.” I swear to God, that’s what the guy said. This is a gun safety law. No, it’s the gun safety lie. Because when you go to the mall that’s where there’s an attack, at the mall, and that’s when you’re going to need your gun more than ever for your safety, your family’s safety, to protect yourself and others. This promotion of gun safety laws as gun safety lies. You see it every time. You know, a magazine ban. “Well, that’s a gun safety law.” It’s not a safety law when you’re restricting how many rounds I can have to defend myself. Page – 2 – of 6

You’re telling me that my life isn’t worth a couple more bullets or whatever I feel I need to protect myself. You’re taking away my safety. It’s a gun safety lie. And now more than ever, we need magazines that can hold lots of bullets because you know with home invasions it’s not one person breaking into a home. It’s multiple assailants. Four, five or six assailants coming into your home. You better have lots of firepower to handle that. And not only that, criminals today are wearing body armor. It’s going to take more than one round. You’re going to have to hit where the body armor isn’t, when you realize that’s what they’re wearing. You need firepower. “Oh, but a gun safety law that restricts magazine capacity.” Yeah, safety for the criminal, not safety for the law-abiding defender.

Evan Nappen 04:52

It’s a gun safety lie sold as a gun safety law. We have to keep calling out these people. Every time they have a proposal, “assault, firearms, that’s a gun safety law. We don’t want those guns that only have one purpose but to kill hundreds of people. We’ve got to have gun safety. Those are not safe.” Well, of course, it’s, other than being one of the most popular rifles there is, modern sporting rifles, you know, the AR platform. But it also provides safety and security to law-abiding individuals who should be able to have the firepower and the stopping power to be able to protect themselves, their families, and their state for that matter. I mean, you know, the paragliders in Israel should about say it all. Maybe the difference here is they don’t need paragliders. They’re already here, thanks to the open border policies. So, do you think you’re not going to be needing your ARs? Well, you can ask the Israelis how well that went. So, you know, more gun safety lies. That’s what it is.

Evan Nappen 06:05

Everything they propose, that they put that label on, is just a lie, and we’ve got to call them out every time. We can’t let them get away with it. It is extremely frustrating, on one hand, to see that their propaganda has taken hold, and the media, their willing accomplice, eats it up. And you see it. It is up to us to call it out. It’s up to us to speak up. It’s up to us to let that politician know that we’re not buying his gun safety lies. You do it by being an activist. You do it by letters to the editor, and you do it by writing to your representatives. You do it by attending rallies and events. You do it by talking to your friends, your relatives, explaining the lies. We all have an important role and important part here in defeating the gun safety lies that are being used as subterfuge to take away our rights. And we can’t let them win.

Evan Nappen 07:23

One of the ways you can also protect yourself is to join our state Association, The Association of New Jersey Rifle & Pistol Clubs. They are the NRA affiliate for New Jersey, and they are an umbrella organization of all the gun clubs that belong in the Association, and you, as individuals, can join as members. You need to be a member because when you join, you get a great newsletter, the best in the state on gun rights. You also get email alerts. Our Association is down there fighting in Trenton, litigating against the gun safety lies, as we speak, litigating against them. They are also right at the forefront on guard legislatively with a full-time paid lobbyists so that we know what other shenanigans they are trying to pull in Trenton. Also, they’ve been able to succeed multiple times in getting the Attorney General, without litigation, to fix and adjust these gun safety lies that we deal with every day, such as the No Serial Number (NSN) gun ban, protecting pregnant women for qualifying. These are all things that were able to get worked out with the Attorney General, including the CCARE so you have Page – 3 – of 6

core competency tested for carry instead of the John Wick requirements that were prior. These are all the things your state Association has helped to accomplish. You need to be a member. Go to anjrpc.org. When we come back, I have some interesting letters, and of course the GOFU of the week. The Gun Owner Fuck Up. You don’t want to miss it.

Speaker 3 09:25

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 10:39

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

Evan Nappen 10:54

Thank you for listening and being a subscriber. You can get Gun Lawyer anywhere you get a podcast. Subscribe and stay informed and protected. My calling in life is to do that. Help us protect ourselves and defend our rights and be vigilant, especially in today’s world, where it’s more important than ever. You know to do that we need to have a good range that you can go to, and our friends at WeShoot are there for you. WeShoot is an indoor range in Lakewood, a top of the line range and beautiful facility. That’s where I shoot, and it’s where I get my certification for my carry. My brother and my son, we all did it down there. It’s a great place with great trainers. Really a great facility. If you go to WeShoot, you’ll see what I’m saying, and I’m not just saying it. It really is. They treat you like family. They are just the friendliest, greatest place, and it’s so convenient. Right off the Parkway. Right there in Lakewood, easy to get to from Monmouth or Ocean County, Central Jersey.

Evan Nappen 12:07

And now Shooters Sporting Center closed their range in Little Egg Harbor. They’ve closed it to the public. So, it’s a facility that the public can no longer access. You know ranges are getting harder and harder to find. Well, WeShoot has a special deal if you were a member at Shooters. If you go to WeShoot and show your Shooter’s membership, they will make you a member for free at WeShoot for the remainder of your membership that you had at Shooters. That’s right. So, if you were a member at Shooters and now, you’re pretty depressed that your range is gone, well here’s an answer for you. Go to WeShoot, and they will honor the remainder, for free, honor the remainder of your membership. It’s a great thing. Take advantage of it, and you’ll see what I’m talking about. How great WeShoot is. You’ll Page – 4 – of 6

love it there. Go to weshootusa.com. Take advantage of having that resource so that you can stay sharp, focused and trained with your firearm.

Evan Nappen 13:28

Hey, I also want to mention, of course, my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law. Anybody that wants to understand New Jersey gun law, they go to Evan Nappen’s New Jersey Gun Law book. It’s over 500 pages with 120 topics, all question and answer. Plus, I keep it updated by way of the QR code right on the front cover. You scan it, and you subscribe for free to my subscriber archive database. You will get emails as to the changes, usually within 24 hours, of any law change that affects New Jerseyans. I have that sent out to you. You can download any of the new information, any revisions, etc., so that you stay current and up to date. If you want to get a copy of New Jersey Gun Law, just go to EvanNappen.com That’s my website, EvanNappen.com. You’ll see the big orange book there. Just click it, and you’ll be able to get yourself a copy.

Evan Nappen 14:34

Hey, I have a letter here, and this is from Jeff. Jeff says regarding traveling with firearms. I’m currently stationed in Alaska, and I’m flying home to Pennsylvania. However, my last bit of transit is from Newark to Pennsylvania by bus. I plan on bringing my guns home with me, but I have to claim them at Newark to get on a bus. But if I have to claim them at Newark to get on a bus for PA to a connecting flight or bus, would I be spending Christmas Eve in jail? I guess this was his concern. And he says, New Jersey laws for possession are weird. Well, they are weird.

Evan Nappen 15:27

Let me explain. This is a kind of a precarious situation because I had a case directly on this. It was the Greg Revell case, and what happened with Mr. Revell is he came from Salt Lake City, out of Utah. He flew with his gun into Newark, but he was going to Pennsylvania, actually to Allentown, just like Jeff wants to do here. And you see when Mr. Revell’s flight came in, it was late, due to no fault of his own, of course. When he landed in Newark, he retrieved his firearm, and they said you have to come back the next day to get your connection. Because of the flight being delayed, you missed it. So, he stayed at the airport hotel. When he came back, he declared his gun. Well, the problem was, first of all, his connection actually wasn’t even a plane but a bus. That’s right. It’s a bus from Newark to Allentown. When he went to declare his gun, when he came back to the airport, he got arrested. He was arrested and charged with unlawful possession of a handgun, even though he was in the middle of traveling and his flight had been delayed.

Evan Nappen 16:48

So, he was put in the Essex County Jail. He was a 60 or so year old man from Utah, now in jail in Newark. It was not a pleasant experience. As a matter of fact, he kind of stuck out there pretty much, and I asked him, how did he get along in there? Because it took them a number of days to learn about me and get a hold of me. And I asked him, and he said, well, when he got in there, they were actually calling him Pops because he’s an older guy. I’m like, wow, it’s like a 1950s prison movie. And then he said, but when they found out that I had a gun charge, I was cool. So, at least there’s a cool factor, I guess, to getting arrested for a gun. But we brought a Motion on the criminal side right away that he was preempted under federal law for his transport. Title 18 926A does allow for interstate transport of Page – 5 – of 6

your firearm, and I argued right away that it was a lack of jurisdiction for New Jersey because federal law preempted his transport. On that very first appearance, I won and knocked out his charge. We got it dismissed. And that was great that we won.

Evan Nappen 18:14

However, Mr. Revell brought a civil suit for what he went through. I did not handle that. But that civil suit actually created some kind of not really great law here. Because apparently the civil suit and the judge in that I don’t think understood the practicalities of how this works when you transport firearms. The judge held that after he got his gun, he somehow was not within Title 189 26A anymore and that he should have checked his gun in with the police. Can you imagine that? What the heck kind of advice or decision is that? You’re going to turn your gun into the police at Newark? Wait for them to hold it for you? What, until you get your flight the next day or your connection. Of course, it’s ridiculous. It put into this jumble as to the applicability of Title 18 926 A for him, even though I had won it on the criminal side. So, there is some danger here for folks. They’ve tried to fix the Gun Owner Protection Act for travel, but you have to be very careful.

Evan Nappen 19:31

Now, in this case with Jeff, if he ends up going through another checkpoint at Newark to get on that bus, he could end up like Mr. Revell and have a problem because of the prohibition under Jersey law. Particularly because there’s no exemption allowing you to have your gun there. It is also arguably now part of a sensitive place, even if you have a Jersey carry permit. We’re trying to get the federal law to apply here and that’s all in a jumble. So, I’d have to advise you, Jeff, to be very careful. Essentially, avoid bringing your guns home if you’re going to be flying, because it is so precarious in this situation that you’re talking about. If you’re going to be getting your gun in Newark and then picking up a bus, I suggest reading the Greg Revell case and story to see exactly what I’m talking about. He had quite an ordeal. Like I said, even though we won criminally, civilly, it was not successful. And that was, of course, a civil suit brought by another counsel. But it doesn’t matter. The principle is there. Until we get the Gun Owners Protection Act amended and clarified so that it plainly covers these situations, you’re somewhat at risk when doing this.

Evan Nappen 21:18

What about the GOFU of the Week? Let me tell you, folks, today’s GOFU is really simple. And man, I can’t even believe sometimes that I have to say this, but I’m going to say it. Never consent to a search. Okay? I can’t be any blunter than that. If you are ever asked, do you consent to a search of your vehicle? The answer is NO. If you’re ever asked, do you consent to a search of your home? The answer is NO. Now I want to make this clear, that’s you consenting. It doesn’t mean that if the officer has a warrant, you can refuse it. That’s not consent. They have a warrant, and they can search. So, you’re not consenting to it, but you’re not in any way obstructing or going to stop them. If they have a warrant, they have a right to search.

Evan Nappen 22:32

Now, let’s say they don’t have a warrant and they’ve asked for your consent. And you say no. They say, well, we’re going to search anyway. You don’t resist, and you don’t obstruct. You say, do whatever you’re going to do, but I’m not consenting. Because the consenting part is what screws you. If you Page – 6 – of 6

consent, then you are waiving your rights. Do NOT consent. If they search without consent, then it’s going to be on the State to have to prove that their search was lawful and done within the constraints of the Fourth Amendment. If you’re consenting, then you’re saying I don’t care about my rights. I don’t care about all the men and women who fought and died for my rights. I’ll just give up my Fourth Amendment right to be secure in my person and my property. I’ll just roll over and let you have a fishing expedition. For no reason whatsoever. Go right ahead. Why would you do that? Don’t be a dumbass. Never consent to a search. Never resist if a search is going to take place. Never resist if there’s a warrant. You have no right to resist or obstruct. But you have an absolute right to never consent. And that’s the GOFU of the week. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 24:28

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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