Episode 183-Two Game Wardens, Seven Hunters and a Cow

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Gun Lawyer Episode 183


gun, gun shop, law, carry, cow, new jersey, great, lawyer, zebu, evan, calf, shoot, firearm, state, exemption, foo, called, carry permit, permit, provision


Speaker 3, Evan Nappen, Tom Lehrer

Evan Nappen 00:00
Hi. I’m Evan Nappen, and welcome to Gun Lawyer. I don’t know how many of you have ever heard of Tom Lehrer. Tom Lehrer was a songwriter. He did satire via song. He originally was a Harvard mathematician, believe it or not, Harvard teacher and mathematician, and he wrote some really great comedy songs. They’re just hilarious. He did a number of things and was active in that and then he just kind of retired from it. I think he’s still alive these days, but he doesn’t do any more musical things. But if you ever get a chance to listen to any of the Tom Lehrer songs, I think you’ll get a kick out of it. But there’s a particular song that I want to mention, it’s called “The Hunting Song”. I want to play a clip, a short clip, from Tom Lehrer’s “The Hunting Song” that was released in 1953. It was one of his earlier releases. So, if you would, Mr. Producer, play that cut.

Tom Lehrer 01:35
I always will remember, ‘Twas a year ago November, I went out to hunt some deer. On a mornin’ bright and clear. I went and shot the maximum the game laws would allow, two game wardens, seven hunters, and a cow.

Evan Nappen 01:51
That’s right. That’s what he shot. The key to today’s show is that last little tidbit of shooting a cow. Now, you know that hunters have been famous for that little faux pas, at times. You know, the classic joke was shooting the farmer’s cow. They even had some famous picture where the farmers would right across the side of the cow, the word “COW” so that hunters would identify that it is in fact a cow. I guess the response to that was to have deer spray painting the word “COW” on the side of their bodies to try to fool the hunters. But I don’t know how much of that occurred. Nonetheless, the shooting of a cow.

Evan Nappen 02:49
So why am I talking about cows and guns and all this? Well, let me tell you. I found a very interesting article that I got a kick out of was on Fox News. The article is by Christine Rousselle, and the title of it is, “Maine gun store hires udderly adorable employee, a baby cow.” (https://www.foxnews.com/lifestyle/maine-gun-store-hires-adorable-employee-baby-cow) That’s right. This gun store in Maine, it figures that it’s Maine, now has a baby cow in the gun store. According to the article, the cow is currently a calf named Kade, and it’s the “shop pet” of A&G Shooting, a gun store in
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Fairfield, Maine. The owner explained Kade’s backstory. Kade’s Mom unfortunately had rejected him, and they found him shivering and cold and lying in some mud in the woods. The owner, Adam Hendsbee, explained all this. So, they brought him in and cared for this calf, which happens to be a Miniature Zebu, a Miniature Zebu calf. They nursed Kade back to health, and he is now at the gun shop.

Evan Nappen 04:32
He wanders around the gun shop. I guess it’s kind of an interesting draw to a gun shop. They claim that this calf brings a lot of smiling faces and a lot of kids. He gets the newer generation into stuff and makes the gun shop a little warmer. There may be some truth to that. This calf is actually pretty darn cute. But interestingly, the Miniature Zebu is a rare and critically endangered breed of cattle. I didn’t know that were endangered breeds of cattle, but there you go. Apparently, a full grown Miniature Zebu, I like that they put the word “miniature” in there, ends up weighing anywhere between 400 and 600 pounds. That’s a hell of a gun shop employee. Now, apparently compared to a Black Angus that’s small, because they get up to 1,000 pounds. But hey, so here you go. So, if you go to A&G Shooting in Fairfield, Maine, you’ll see this calf in the store. And you know, as the gun shops develop new and innovative marketing, and he’s gotten all kinds of national publicity from this, so I guess it apparently worked.

Evan Nappen 06:04
But, of course, you could also say, hey, it’s a training aid for hunters. So, now they can identify, quite specifically, what a cow is compared to a deer and not become the butt of the Tom Lehrer song. But I was starting to think about cows in gun shops as employees, and I thought it would be pretty good to try to get the New Jersey State Police to pink card a gun shop cow. That might be fun. You know, this is something that might get some publicity. I was thinking it’s not a bad idea on one hand to have an animal like that, that is different and cuddly and cute, in a gun store to entice, as he said, kids, the younger generation, individuals that might not otherwise be even interested in going into the gun shop. So, I just want to put it out there.

Evan Nappen 07:08
What do you think would be the best animal for a gun shop? Now I’ve been in many gun shops that have dogs, and dogs are always a winner. Everyone loves dogs. I’ve met some really nice dogs in gun shops, and they seem to love the clientele. But there’s a lot of dogs around so it’s not going to have the same impact as having a Miniature Zebu cow in your store. Definitely not going to have the same impact as that. But there may be even other animals. Maybe you’ve been in gun shops that have cats or gun shops that have other mascot type animals. Now I know a lot of the gun shops have stuffed animals, but that’s a whole other story. So, if any of you have any ideas for great gun shop animals, make sure you send a note to Ask Evan. Send me an email with your suggestions for great gun shop animals, as we try to help the marketing of gun shops in America. Hey, why not? Why not? Gun Lawyer does a lot of things. Why not do that? So, there you go, folks. And if you’re ever in Maine, make sure you stop by at A&G Shooting and say hello to Kade, that cute calf there and you can check out that that article on Fox News.

Evan Nappen 08:36
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I do get a lot of great letters, and I really do enjoy receiving letters from my listeners. This is a letter from Chris, and Chris says, regarding PTC question. Is it legal to have your gun mounted on the side of the center console with a magnetic gun holder that covers the trigger and is loaded rather than holstered on your person while you are in the vehicle driving directly next to it? As you know, it is very uncomfortable as it is jabbing your side. By the way, I love your book and podcasts. Thanks for your dedication!

Evan Nappen 09:23
So, can you have a magnetically attached gun? Can you have any of those holsters or gun holding devices that will position a gun on the steering column or under the dash? There are many different ways to do that. But under New Jersey gun law, can you have such a thing? Unfortunately, the answer is no you cannot. It has to be concealed on your person. So, you cannot have any of these vehicle gun mounts of any type. Your gun needs to be loaded and concealed on your person. You’re allowed to have your handgun, as long as you have a carry permit, you can have it concealed and loaded on your person in your vehicle. But you cannot utilize those types of mounts or devices or magnets in New Jersey, for that kind of carry. Do not keep your gun in the glove box or in the center console. Things like that are all a violation of New Jersey’s so-called safe carry law. Improper carry is a felony level offense, and you’d be looking at a year and a half in State Prison just on that offense alone.

Evan Nappen 10:57
Now part of the Carry Killer Bill had a ban on carrying a loaded gun in your vehicle, even concealed and loaded on your person with a permit. That part of the law we call the “Carjacker Protection” law. Luckily, thanks to the great efforts of the state Association in challenging the “sensitive places” and the other prohibitions found in the Carry Killer law, which was stayed by Judge Bumb in federal court, and it has remained stayed. So, you can carry your loaded handgun properly holstered and concealed on your person in your vehicle. You can do that now. But outside of it loaded and concealed in the proper holster on your person, you cannot have that loaded gun in your vehicle. You also can transport your gun cased and unloaded, particularly if you are within the exemptions, like going to the target range, or going between your home and your place of business, assuming you own the place of business. Or you’re going hunting, and it’s legal for hunting and that kind of thing.

Evan Nappen 12:31
But keep in mind, even if you’re just transporting your gun and not carrying it loaded, concealed on your person, that if you are doing that and you’re stopped by the police, you still have a Duty to Disclose, if you have a permit to carry a handgun. Even if you’re just transporting an unloaded handgun, you still have to disclose to the officer right away that you have a gun and show them your permit to carry. Now, if you don’t have a carry permit, you do not have an obligation to disclose. As a matter of fact, if you’re carrying your gun illegally, you don’t have to tell the officer that you’re carrying your gun. But if you’re a permit holder, you’re required under the law, whether you’re transporting it loaded, concealed on your person or unloaded and transporting it pursuant to exemption, you still have that obligation under Duty to Disclose to tell the officer and to produce your permit. If you cannot produce your permit that is an offense in Jersey as well, and you’re looking at six months in the county jail max for failing to have your permit on you. So, make sure you have your permit to carry and make sure you disclose. And Chris, I’m
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sorry to say, but at this time, we can’t have vehicle mounted firearms or anything like that in Jersey. Maybe one day we’ll get rid of the entire law, and we’ll be able to, but we can’t for now.

Evan Nappen 14:12
At least we can carry loaded and concealed on our person in a vehicle and that is due to the state Association, the Association of New Jersey Rifle & Pistol Clubs that is battling valiantly against the horrible gun laws in Jersey, including the so-called assault firearm ban, you know, the modern sporting rifle ban, the so-called large capacity magazine ban, which is really the standard capacity magazine ban, and the Carry Killer law. They are at the forefront in the litigation. They also have a full-time paid lobbyist in Trenton, keeping an eye on those scoundrels and their shenanigans. When you’re a member of the Association, you’re going to be aware of this, and you’re going to be able to make your voice heard through their email programs where you can very quickly let the legislators in your district know your view on any given gun bill. You also get a great newsletter. One of the best gun newsletters in the state of New Jersey is from the state Association. That’s the Association of New Jersey Rifle & Pistol Clubs. They’re the umbrella group of gun clubs throughout the state, but you can be, and you should be an individual member. Go to ANJRPC.org. Make sure you join as a member. It’s important that you do this. It’s the least you can do fighting for our rights. It makes you part of the solution as we continue the fight for firearm freedom.

Evan Nappen 16:05
I also want to mention our good friends at WeShoot. Now currently, WeShoot does not have a cow at their gun shop in Lakewood, New Jersey. However, WeShoot has so many other great things that you need to visit them. WeShoot is an indoor range in Lakewood, and they are premiere. They have some of the finest training, phenomenal facilities, and they treat everybody like family. And that is no exaggeration. If you mention my name, you’re going to be treated like royalty. So, get over to WeShoot and take advantage of that wonderful resource. They’re easy to get to, right off the Parkway there in Central Jersey. It’s a great resource and a fantastic range. You can get your CCARE certification so you can get your carry permit. They’ll help you do that. They have other great training and all kinds of fun events. You can rent guns there, and you can have a great day of it. Just go to weshootusa.com and check it out. You’ll see what I’m talking about. My friends, my family, they’ve all gone there. They say hey, Evan, you weren’t kidding, and I’m not. WeShoot is great. I would not have them as a sponsor of this show if I didn’t believe in them. So, go to weshootusa.com. Check out their website, beautiful photography, professional photography, and they are just first rate. weshootusa.com Check out the facility and this resource that is there for you.

Evan Nappen 17:57
Also, let me mention my book. Yes, my pride and joy. The New Jersey Gun Law book. Surprisingly, it’s titled New Jersey Gun Law. If you don’t have a copy, you need a copy. And that’s no exaggeration. This book is the Bible of New Jersey gun law. I know for a fact the State Police Firearms Unit uses it. Many, many police agencies, judges, lawyers, and most importantly 1000s of gun owners throughout New Jersey, the folks that I actually wrote it for. I tried to make it as user friendly as possible. It’s 120 important New Jersey gun law topics all in a question and answer format so it’s easy to understand. When I reference the law and I explained it, you can read the law for yourself in the back of the book. Most importantly, right on the cover is that QR code. Just scan it, and you can subscribe, for free, yes
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100% for free, to the subscriber database. You can then access the archives or an any updates that I’ve done, and you’re going to get email alerts from me whenever there are any new laws. Or if I happen to sight a cow at any gun shop, I will immediately let you know. So, make sure you get a copy of New Jersey Gun Law. Have it by your side and never lend it to anyone. Because if you lend it, you’ll never get it back. But it does make a great gift. To get your copy, go to EvanNappen.com. That’s right. It’s my name and a .com I’m part of the .com. How amazing is that? EvanNappen.com When you go to my website, you’ll see that orange cover book. Just click it, and you’ll have your copy in a matter of days.

Evan Nappen 20:02
Hey, so, I have another letter here, and this is from Craig. Craig asks a question regarding carrying on your property. He says, I’ve seen news reports of criminals seeing someone working in their yard, mowing their lawn, or working in the garden and use that as an opportunity to assault them so they can enter their house and rob them. The criminals probably assume the door is unlocked, and this is a perfect opportunity for them to do their dastardly deeds. Boy, I don’t get to say the word dastardly too much these days. I like that, dastardly deeds. I saw one report that a lunatic murdered a woman as she was gardening, man, it’s dangerous gardening, and robbed her house. I have no permit to carry. Am I permitted to have my gun on me while working in my yard?

Evan Nappen 21:04
Well, Chris, the answer to that is yes. Now the reason it’s yes is that under New Jersey gun law, there is an exemption. Under N.J.S. 2C:39-6.e., it says you can have a firearm in your home and on property that you own or possess. If you’re in your yard that you own, in your property, you can have your gun in your pocket loaded. You can have it in a holster or not in a holster. You can have it even open carry. It’s your land. In New Jersey, you’re exempt. Now, if you carry it open, don’t be surprised when some nosy neighbor calls the police on you. But you are legal because the exemption allows you to have a gun on your property, in your home, the curtilage around your property, which is the land around your property and any land that you own or possess. You can carry and have a firearm on your person. But do not leave your property with that gun on your person. Don’t step on the sidewalk with that gun on your person. Don’t go into the street with a gun on your person. Only on your property. You are legal under that exemption. So, you can protect yourself while gardening and anything else you might be doing in your yard on your property.

Evan Nappen 22:42
I have another letter here and this is from Bill. Bill says regarding Episode 182 – Inheritance. This is regarding the will portion of your podcast. I am married, and I have the standard will between husband and wife. My question is can I hand write an addendum to my will designating an heir and having it notarized or is a lawyer necessary? So, I guess what Bill means is, can he do an addendum where he leaves his guns specifically to somebody as I discussed on the prior show? Can he do that because he already has his will? By just putting this addendum so that that person will receive the guns and the remainder of the estate can go to his spouse. Here’s the bottom line. The answer is no. Don’t do that. That’s not at all advisable. When you add something to a will, the addition of a provision to a will is called a codicil, and a codicil needs to be done properly and correctly under the law. I’m not a big fan of codicils anyway. If you’re going to do a will and you want to make a change, just do a new will. Do a
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new complete will with the provision in it that you wish. If you insist on doing a codicil, it is possible. I would highly recommend when doing any kind of estate planning or will, that you do use an attorney. Use an attorney that understands wills so that it’s done properly. Because there can be some really quirky things with wills where they could be challenged or attempted to be invalidated. There are certain kinds of ancient ritualistic things with wills that need to be there and how it has to be done. Even the paper, it can’t be on like a letterhead or stationery. It has to be on just blank paper, and there’s all these things.

Evan Nappen 25:00
So, your best bet is to go to an attorney to get your will done. Now there are, of course, programs out there that can be quite good, like WillMaker and such, where you can do your own will. They’re not bad. You could still have that reviewed by an attorney. Some of those programs may even have the ability for you to do a codicil, if you really want to do that. But, again, my suggestion is, do your will and do it right. Do it with a professional, and make sure the provisions are in there, as we’ve discussed. Look, if you’re working on a will and if your lawyer has a question about a gun provision, give me a call. I’m not kidding. I’m always happy to help. I’ll be happy to explain to your lawyer who is doing your will what needs to get done with the firearm provision. It’s not complicated. Just make it a specific bequest so it’s covered. Then the rest can be distributed however you see fit. If you’re not going to leave to a specific heir, it being your guns, but rather you want your spouse to just get your guns, you don’t have to say guns at all in the will. You can just leave the estate in its totality to the heir, and they get everything including the guns with no paper, no registration, no license. We went into great detail about why that’s important in the prior show, but I’m glad, Bill, that you’re thinking about this. I’m glad that you’re taking steps here to do an estate plan and to leave your legacy. But do it right. Do it professionally. So that there’s no challenge or invalidation of your last will and testament.

Evan Nappen 27:09
Let’s talk about this week’s GOFU. The ever popular GOFU segment, which is, of course, the Gun Owner Fuck Up. Now why do we talk about GOFUs? Well, that’s because GOFUs are very expensive lessons that somebody else has learned that you get to learn for free by listening to Gun Lawyer. These are real things that I encounter in my practice of gun law all the time. I want you to know about these things so that you don’t repeat the same GOFU that this poor soul had to go through. You can avoid it. This week’s GOFU may seem basic, but, folks, I see it all the time. This GOFU concerns if you have anything that is unlawful, or arguably unlawful, you better just figure that at some point it may come to the attention of the authorities. Now, for some reason, sometimes folks, they push the envelope on firearms. Maybe out of ignorance or maybe just out of running out of, you know, fucks to give. I get it. If you are in that category where you have something that may be questionable, the problem in New Jersey is that guns frequently end up coming into the possession of the state by all kinds of seizure methods.

Evan Nappen 29:02
For example, you may think, hey, I’m not going to do anything wrong, so I’m not worried. They’re never going to catch me, blah, blah, blah. Now look, you shouldn’t have this thing in the first place. You really shouldn’t. You’re really taking a risk, but what you may not realize is what that risk entails? Well, if somebody decides to swat you with a red flag, even though they’re absolutely full of crap with what they
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alleged against you, your guns are getting seized. Then we have to fight to get them back. If that item gets found, now not only do you have this BS red flag that we have to fight, but now you’re facing a serious criminal charge. Or if you have some spat with your girlfriend or your wife or a household member and before you know it, there’s an allegation of domestic violence with some initial TRO filed against you. You know, it’s almost as easy as getting a deli ticket at Wawa for a sandwich. Well, next thing you know, your guns are seized and guess what? They’re going to be looked at. If you have a gun or magazine there that’s a problem, not only do you have to deal with trying to save your gun rights and deal with that legal issue that just started, but now you’ve got the criminal issue on you as well.

Evan Nappen 30:26
You may face where somebody in your household, your kid, or somebody else residing there, makes a stupid statement to a doctor, to a nurse, to a health professional, or to a teacher, that they want to harm themselves or others. And I mean, just a stupid statement like we’ve talked about in the past. You know, I was so mad, I could have killed that guy. Or I was so upset, I could have killed myself. Ehhhhhhhn! Duty to Warn. Next thing you know, not only are they taking that person’s gun, but they’re taking all the guns in the household. If you have a gun that’s a problem, guess what? Now you’ve got a really big problem, even though you were just an innocent third party on the gun seizure. I can’t emphasize it enough, folks. I get case after case because of this problem. Beware. You’re not safe. It’s not going to remain hidden or secret. Or why would your guns ever get taken kind of a mentality. Don’t take the risk. Don’t take the chance. Make sure your guns and magazines are legal. Make sure your possession is lawful. If you aren’t sure, then send a letter to Evan@gun.lawyer. Or give me a call. Find out and Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 32:12
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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