Episode 184- Is there really a Jersey Legal OTF? 

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Gun Lawyer Episode 184

SUMMARY KEYWORDS

new jersey, firearm, law, switchblade, great, knife, carry, possession, utility knife, gun, case, transport, exemption, box cutter, state, question, subsection, amazon, blade, possessing

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:16
Hello, and welcome to Gun Lawyer. I’m Evan Nappen. On the last show we talked about Kade the cow that was a kind of a gun shop mascot at A&G Shooting in Fairfield, Maine. And how having that cute little calf is an attraction for young people and old alike. I put out there about if any of you had other suggestions or know of other gun shop type animals and such. Well, I’ve gotten a number of responses, but I have two here that I want to share with you before we get into the big topic of the show. Is there a Jersey legal OTF? An OTF is known as an Out The Front switchblade. Ooooooh. Is there? You may be surprised to hear what I have to tell you. I’ll give you a hint – loophole. Okay.

Evan Nappen 01:23
So, this is from Sherra, a listener of the show, who says regarding the gun shop mascot. Ready for this, folks? “Lance Corporal Chesty McBoomstick is our range cat. We even made him an Instagram account so we wouldn’t clog up our regular range account with cat pics. (https://www.instagram.com/lcplchesty) We have several customers who will come by just to say hi to him. He’s been known to calm anxious children and adults. He loves greeting the customers and isn’t afraid of the gunfire.” This is from the gun shop, I actually found it, Sandhill Shooting Sports in Lugoff, South Carolina. Of course, we have listeners all throughout the world. (sandhillshootingsports.com) Sandhill Shooting Sports has a mascot cat named Lance Corporal Chesty McBoomstick. I went over to look at their Instagram pictures, and it is one cute little kitty. I have to agree. But the really funny thing is he has one of those wraparound Velcro vests on that sometimes you’ll see on emotional support animals. But Chesty there, Lance Corporal McBroomstick, has a very interesting chest rig that he’s wearing, and it has a patch on it. Since he’s their official range cat, what the patch says, you can see this on their Instagram account, it says DON’T SHOOT ME ASSHOLE. I guess that’s pretty good. Because if you’re a range cat, that’s a good idea to say that. I guess that’s training just like you write COW on a cow so that a hunter doesn’t shoot it as a deer. Right, that old gag. So, there you go. Well, thank you so much for sharing that with us. If you’re ever in that area they’re in, Lugoff, South Carolina, stop by and say hello to Chesty. That’s pretty cool.

Evan Nappen 03:55
I got another letter here, and this one is from Andrew. Andrew says regarding gun store animals. I think a talking parrot would be ideal for a gun store. He can be trained to say things like F Joe Biden or the ATF sucks or some other pro-gun slogan. I like that. I think we have a lot of great things we could train

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a parrot to say that would be very appropriate at a gun store. He also has a question. So, he’s going to sneak in a question, but that’s okay. Andrew, I love answering questions. Andrew lives in a condo complex. Would they be considered private property for the purpose of carrying a firearm without a permit or are condominiums considered a public area? Thanks. Well, the problem we find with condominiums is you have this thing called “common areas”. If it’s a common area, then your carry in a common area, if it’s open to the public and as long as you have a carry permit, then you’re okay. But you have got to be careful. If you don’t have a carry permit, then you can’t carry under exemption for your home in a common area because common areas are not necessarily your home. They’re common areas. But if you have a carry permit and if the common area is open to the public, then that would get you the ability there to do that. So, it can get complicated depending on the specific facts of the given condo or even apartment complex etc.

Evan Nappen 05:35
Anyway, what I want to tell you about is a very, very interesting product that I’ve discovered. They’re right on Amazon, you know the modern day equivalent of what Sears Roebuck was in the old days. On Amazon, they sell what is called Caressolove Aviation Aluminum utility knife. This apparently is the best one of the ones that I’ve tested and found at the best price. It’s called the Caressolove Aviation Aluminum utility knife EDC, which stands for Every Day Carry, auto box cutters, retractable, heavy duty cardboard cutter, replaceable blade pocketknife with clip with five spare blades. What this is is an OTF, an out the front, box cutter. This is a great idea because this box cutter OTF. Here listen close, folks, I’ll run it for you. There you go, in and out. That box cutter OTF can very quickly exchange blades. It’s about half the size in length of like your standard Stanley box cutter that genre of box cutters. It uses those box cutter blades. You know those trapezoidal, I guess you’d call them. What’s great is that instead of using your other knife, utility knife etc. or a knife that you carry, maybe your EDC carry knife, by having this relatively handy and small box cutter knife, you can use it for cutting open boxes and gooey tape and slicing through cardboard which really dulls a blade. I mean cutting a lot of cardboard. Do you know you can actually sharpen your knife on cardboard? I don’t want to divert too much from this, but literally if you ever need to give your knife that has an edge but it’s getting a little dull. You can actually use cardboard as a sharpening stone to the degree of restoring the finer edge to a knife. Believe it or not. You can do that with cardboard. But anyway, cardboard will dull a knife blade very quickly. And getting all that goo from tape or anything else you may use a utility knife, a box cutter knife, for, this is just the handiest thing. You have two blade sides. Of course, you can switch it when the other one gets dull real fast. They’re very cheap, too. On Amazon, you can buy 90 replacement blades for 11 bucks. You know that should keep you in business for a good long time. 90 blades for $11. The sale price on, it’s not a sale sale, but the price on Amazon is 31.99. So, for $32, and if you’re a prime member, it’s free shipping and the shipping is like in a day, you can get yourself one of these. And they’re just great. I’ve been using it a lot. I’ve been using this knife more than any knife I’ve ever carried because it is just great for all the gross yucky tasks that you otherwise would have to use your other knife for and have to clean it and get all the sticky stuff off and keep that blade sharp. So, here you can have this.

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Evan Nappen 09:21
Now what’s really interesting is where does this OTF box cutter, utility knife, fit in under the law particularly how does it work under New Jersey law? Is it legal to have this under Jersey law? Well, let’s take a detailed look at that question, folks. We’re going to take a detailed look. So, let’s start with the law. Under N.J.S. 2C:39-5.d., that’s New Jersey’s Other Weapons prohibition. We’ve talked about this before on the show, but it can’t hurt to review it again. What it says is: “Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.” We’ve discussed how the courts under the Kelly decision and Montalvo, having said that, you cannot preemptively arm yourself for self-defense. That’s not considered a manifestly appropriate use, such lawful use. So, even though you’d think self-defense would be, but it’s not. At least it wasn’t until Montalvo, which then allows you to do that in your home but not outside your home. Then, of course, with Bruen it looks like that Montalvo case will have to be modified yet again, to allow self-defense as a manifestly appropriate for such lawful use as it may have outside the home. But that case hasn’t come about yet.

Evan Nappen 10:53
So, when you look at that, what’s nice about this, because this would be one of the laws you could be charged under, one of two for your possession, would be this 2C:39-5.d. law. What’s nice is you’re not carrying this for self-defense. You’re carrying it to open boxes, to open and cut gooey cape, and other things. To use it as a utilitarian knife, which is exactly what it’s sold as, which is exactly what a box cutter is. Therefore, your reason to have it is virtually self-explanatory. It virtually is, if you have it for that reason. And, of course, you would never carry such a thing for self-defense. I know that. You’re carrying it for those uses, and then you have an exemption, arguably built into the statute.

Evan Nappen 11:45
But, keep in mind, there’s even another exemption to that statute, which are the possession exemptions found under N.J.S. 2C:39-6.e. By the way, if you say how am I going to remember these laws, you don’t have to remember these laws. You can go right to the Gun Lawyer podcast website. We have the transcript of every show, and the laws will be right there. You can see what I’m saying, and you can look at them right there. Under N.J.S. 2C:39-6.e., the exemption says: “Nothing in subsections b., c., and d. of N.J.S. 2C:39-5 . . . ” Now we were talking about subsection d., which is Other weapons. Subsection b. is handguns and c. is rifles and shotguns. These are the same traditional exemptions we’ve always relied upon for possession of firearms and other weapons that fall under the 39-5d. prohibition. This exemption applies. (Nothing in subsections b., c., and d. of N.J.S. 2C:39-5) “shall be construed to prevent a person keeping or carrying about the person’s place of business, residence, premises or other land owned or possessed by the person, any firearm, or from carrying the same, in the manner specified in subsection g. of this section . . .”

Evan Nappen 13:06
So, if you’re going to transport a gun, you have to do it pursuant to subsection g., which is cased and unloaded. It’s always been how we’ve done it in Jersey, but that exemption covers d., so it covers other weapons. So, even just having it in your home is legal for exemption for possession your home. But now, with a box cutter utility, you have that manifestly appropriate use, as long as that’s the reason you’re carrying it. Now, of course, New Jersey could then say, aha, but this box cutter is what New

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Jersey calls a switchblade. New Jersey would arguably attempt to define this as a switchblade by claiming that this knife opens automatically. It opens automatically, and it has that button or other device in the handle of the knife.

Evan Nappen 14:02
Let’s take a close look at exactly how “switchblade” is defined in New Jersey law. Under section p. of N.J.S. 2C:39-1, it says: “Switchblade knife” means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.” So, New Jersey would say, hey, you push that button on the side of the knife and out that knife blade comes. If you pull it back, it goes back. Therefore, it’s a switchblade . What does the law say under N.J.S., 2C:39-9, subsection d. concerning weapons? It says: any person who, I’m sorry, don’t go to nine. Let’s stick with 39-3 for a minute. I’ll get to nine in a minute.

Evan Nappen 14:56
Under N.J.S. 2C:39-3.e., it says, “Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sand club, slingshot, cestus or other leather band studded with metal filings or razor blades imbedded in wood . . .” Man, this is just loaded with great ideas this statute. I gotta say. But anyway, “. . . ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.” Aha! What is your explainable lawful purpose under 39-3? Your explainable lawful purpose is exactly what this is, a box cutter utility knife made and sold by Amazon for that very purpose. That’s why you have it. So, when it comes to switchblade possession under Jersey law, the prohibition under 39-3 that specifically names “switchblade” has a built-in exemption if you have any explainable lawful purpose. The explainable lawful purpose is precisely what this is, a box cutter utility knife. Therefore, under both N.J.S. 2:39-5.d. where there is a manifestly appropriate for such lawful use as it may have, and N.J.S. 2C:39-3.e. where the explainable lawful purpose, you have both here in possessing a box cutter utility knife for the purpose of box cutting and utility. So, there you go.

Evan Nappen 16:49
Now Jersey also has N.J.S. 2C:39-9.d., and what this says is interesting. It says: “Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so (as provided in chapter 58 of Title 2C of the New Jersey Statues,) is guilty of a crime of the fourth degree.” So, New Jersey is prohibiting the transport, shipping, and sale of switchblades. They have that as just a standalone, even though your possession is legal. But you’re not selling it, you’re not manufacturing it, and you’re not disposing of it. So, this doesn’t apply to the individual who is simply possessing it. Now, transport is different from carry. I would beware, though, of carrying it in your car, etc. That’s where they might say, hey, you’re transporting, and they could try to bust you over the transport ability under d. So, you want to be careful about that. But your possession plainly has the lawfulness, as we’ve discussed, if you’re possessing it accordingly. This raises a very interesting thing for New Jersey, this OTF that is a box cutter utility knife, and it is just amazingly handy.

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Evan Nappen 18:37
Now, it’s interesting here. If we take it even one more level, we can look at the Federal Switchblade Act. If you want to see a great resource on that, go to KnifeRights.org. (https://kniferights.org/resources/federal-switchblade-act/) I’ve also been counsel to Knife Rights, a great organization defending our knife rights. They currently have a Second Amendment challenge to the Federal Switchblade Act. But if you look at the Federal Switchblade Act, that’s where it even gets more interesting in a way. The Federal Switchblade Act does prohibit switchblades, but it doesn’t prohibit individual possession in states. The Federal Switchblade Act prohibits switchblades in terms of interstate commerce. A switchblade is defined as any knife having a blade which opens automatically. This is under federal law now. (U.S. Code Title 15, Commerce and Trade, Chapter 29-Manufacture, Transportation, or Distribution of Switchblade Knives, SS 1241. Definitions) The Federal Switchblade Act is currently being challenged by Knife Right. So, please support them in their legal challenge to knock this out as a Second Amendment violation.

Evan Nappen 19:57
Under the federal definition, “the term ‘switchblade knife’ means any knife having a blade which opens automatically – (1) by hand pressure applied to a button or other device in the handle of the knife or (2) by operation of inertia, gravity, or both.” So, it seems to, arguably, possibly fit that definition. Then it says under SS 1242. (Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty) “Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife . . . ” So, there is a federal ban on essentially introducing into commerce, a switchblade knife. The law only prohibits introducing, manufacturing, transporting or distributing switchblades if doing so is part of a business transaction and that transaction crosses over state or territorial lines. The law does not affect, of course, selling in the same state and has no effect on carry or possession alone, unless you fall into one of these specific prohibitor sections, which involve territories of the U.S. and maritime jurisdictions, etc. But in the 50 states, possession in the state is regulated still by the states.

Evan Nappen 21:20
But this other aspect of the federal law raises an interesting question. How is Amazon selling these if they fall under this? I don’t know the answer to that. I’m assuming Amazon has lots of highly paid lawyers that have looked at this and explained somehow how Amazon is able to do this. But currently, that’s where they are. And it’s not on you, the buyer. It is, of course, on the seller here when it comes to this stuff. By the way, this is pretty much routinely not enforced when it comes to this. Now I’m not saying that you should engage in this conduct. But it’s just that I have noticed when it comes down to the Federal Switchblade Act, even Knife Rights notes, that essentially there are switchblade sales taking place, and a lot of major companies sell them online. There are weird laws federally that go beyond this in terms of who you can ship to and such, being bona fide dealers and how the distribution network is laid out. Anyway, it’s just interesting. So, I wanted to point out that we have this federal law out there, but, hey, Amazon is selling them online, and possession is legal in Jersey, if you fall within the exemptions that I’ve discussed. I find that very interesting, and in fact, somewhat of a loophole for a knife that is extremely useful and utilitarian. I thought that you, the listener, would find it to be just as interesting.

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Evan Nappen 22:57
Now, here’s a little news update. SCOTUS, which is, of course, the Supreme Court of the United States, has scheduled ‘assault weapon’ ban cases for conference on May 16. This is exciting because when the court gathers for a conference, it means they may take the case. Now, this happens to be from Cam Edwards’ article in Bearing Arms. (https://bearingarms.com/camedwards/2024/05/01/scotus- schedules-assault-weapon-ban-cases-for-may-16th-conference-n1224732) He has a great aggregate website, and I highly recommend checking it out. Cam Edwards. He brought this to my attention here in a great article because I am a big fan of Cam.

Evan Nappen 23:37
Cam points out that Bianchi versus Brown, which is a challenge to Maryland’s ban on assault weapon, is scheduled for conference. This means that the Court may take it up, and if they do, then we’ll finally get a Second Amendment decision out of the United States Supreme Court. This could have a dramatic effect in killing the assault firearm and weapon bans throughout the United States that have destroyed individuals by turning law-abiding citizens who possessed modern sporting rifles into criminals and felons and imprisoning them. In New Jersey, possession of such a firearm is insanely serious. It carries up to 10 years in State Prison and a minimum mandatory three and a half years. And, of course, you get subjected to the Gun Owner Gulag, as we’ve discussed on other shows.

Evan Nappen 24:38
Of course, defending us is the Association of New Jersey Rifle & Pistol Clubs. They are in federal court, as we speak, challenging New Jersey’s assault firearm law. It so happens that the Maryland case is a little bit ahead of New Jersey. But if they accept the Maryland case, it will absolutely impact the litigation being brought by our state Association and may in fact kill the Jersey law as the Association fights its way through as well. This is extremely exciting. Let’s hope that the Court takes the case, especially with the makeup of the Court as we have it now, and finally, issues that deathblow to the ban on the political term “assault firearm”. The political concoction, the political strategy of the anti-gunners to isolate guns that have been around for over 100 years, semi- automatic, modern sporting firearms, etc. It is a joke, and it’s ridiculous. Yet it is harmed so many law-abiding citizens who become victims of these gun laws. So, let’s hope the Supreme Court takes the case, and I’m cautiously optimistic that they will. This is why it’s so important for you to belong to our Association, the Association of New Jersey Rifle & Pistol Clubs. Make sure you do. Go to anjrpc.org to join. You’ll get their newsletter, and you’ll be sent the news alerts. You’ll be updated on the cases, and you’ll know that you are part of the solution.

Evan Nappen 26:24
Also, let me mention our good friends at WeShoot. WeShoot is an indoor pistol range in Lakewood, New Jersey. They are a wonderful facility and a great resource. It’s where I shoot. That’s where my family shoots and that’s where you can shoot. They’re great. They’ll treat you like family. They have wonderful training programs. You can get your CCARE certification to get your carry permit. They’ll set you up with great guns, everything you need to be a law-abiding responsible gun owner. Learn how to shoot fantastically. Because what good is it if you can hit your target? And it’s so much fun as well. You want to check out WeShoot located right there in Lakewood. It’s so easy to get to, right off the Parkway. So convenient. They are really one of the top ranges in New Jersey. I love WeShoot, and I know you will too. Check out WeShoot at weshootusa.com They have a great website with beautiful photography,

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and they really are just such professionals. Check out their wonderful programs and great events they are running at weshootusa.com.

Evan Nappen 27:37
Let me also shamelessly plug my book, New Jersey Gun Law, the Bible of New Jersey gun law. It is the 25th Anniversary Edition. It is the book that every gun owner needs in New Jersey. I’m not kidding. It’s not an exaggeration, folks. This is your guidebook. This is your user guide. This is what’s going to help you not become a victim of New Jersey gun laws and to understand this crazy matrix that we’re trying to stay law-abiding in. It’s over 500 pages with 120 topics in a question and answer format, easy to understand. Scan that QR code on the front and make sure you do. You’ll get into our free subscriber database, 100% free, and you’ll get updates. You’ll be able to access the archives for past updates, and you’ll get email notifications from me if anything new happens that affects our gun rights. So, if you want to get a copy of the big orange book, go to EvanNappen.com. EvanNappen.com.

Evan Nappen 28:40
Hey, I have some more great letters here, and this one’s from Ronald. Ronald says, regarding turning in digital FID (Voluntary Admission Disqualification). First off, I want to thank you for all you do for the 2A community. Having your podcast as a resource has been extremely helpful to all of us gun owners in New Jersey to ensure we don’t get trapped in all of our state’s unconstitutional laws. Also, I love your book, and I’ve given it as a gift to many friends because I know if I lend out my copy, I will likely never get it back. You are so right, Ron. Thank you for all those great compliments. I really appreciate it. My question today is in regard to the provisions in Murphy’s Carry killer law from December 2022 that retroactively invalidated tens of thousands of FIDs for persons with voluntary admissions who had previously submitted a doctor’s letter to get approved. Yep, it sure did. As part of the law, it was instructed that all FIDs should be turned over within five days. Yeah, that is the law. What about residents who received the new digital FID card (how the state started issuing them during the pandemic)? Since it’s just a digital file, can I get in trouble for not turning it in since there was no physical item to turn in? In addition, my understanding was that any guns I had purchased before this law went into effect could still be kept and used as normal. Is that the case?

Evan Nappen 30:04
Okay, so the first question, how do you turn it in? Well, you can give notice to your local police. Send them a letter or send them an email. Just document that you are voluntarily surrendering your Firearms ID Card. Now, as far as the difference between being legal for the licensing and legal for possession, that is absolutely the case in Jersey. It may seem counterintuitive, but it’s true. If you are disqualified to have a license, it does not necessarily mean that you are disqualified from having possession of a gun. When Murphy changed the law in December 2022, they changed the law so that if you’ve had a voluntary or involuntary commitment, you need to have a mental health expungement to get a license. However, they didn’t change the old law regarding the proof that you’re safe for firearms when it comes to individuals who are possessing guns. So, the person not to possess criminal statute was not changed to mandate expungement. Whereas the licensing standard was. So, if you have your proof that you’re safe for handling firearms, then you are still exempted from the possession statute. You’re not barred from possession. It’s just the license that has become disqualified for you. And that license allows you to purchase new firearms, and of course, transport broader than the exemptions. But the

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exemption is still applied You can go to the target range. You can have it in your home under the very exemptions we’ve talked about many times on the show. So, that is the distinction. It’s important to recognize that distinction. So, thanks for the great question, Ron.

Evan Nappen 31:52
Here’s another question. This one says, Hi, Evan, I love the show and the Gun Law book. I have a follow up question to a question you answered last week regarding carrying in your car. If I’m legally carrying in my car and I want to enter a prohibited place if I remove the magazine and make sure the chamber is empty, place the gun in his safe tethered to a seat frame in the car and cover the safe with a carpet or drop cloth, is that enough? Well, sure. You removed the mag, the gun is unloaded, and you’ve locked it in a gun safe. So, it’s locked in that safe. That’s great. Do I need to lock the safe in the trunk? No, you don’t need to lock the safe in the trunk. You just need to secure it in your vehicle. It does not need to be in the trunk. Now if you want to put it in the trunk locked, you can do that. But if you have it tethered with one of those cables the way most of them do, cabled to the seat, I suggest sliding it under your seat or covering it. But it’s actually very secure in that because that’s what it’s made to do. It’s made to transport guns securely. That’s why it’s cabled to the seat. That’s why that device is designed that way, and you’re meeting the statutory requirements by having the gun unloaded and secured in the proper manner.

Evan Nappen 33:02
Then Tom goes further. If the prohibited place is a restaurant where I consume an adult beverage with dinner, what do I have to do to be legal? I’m aware I cannot carry after having a drink. And that is absolutely true. You cannot consume alcohol. And you cannot be under the influence of alcohol. So, you cannot carry not only after having a drink, but you cannot carry if you’re drinking. So, if you’re going to go to that restaurant and you intend to drink, do not carry your gun. Secure it in the way we just talked about. Then Tom asks, Is it enough to lock the safe, too? Is it enough to lock the safe in the trunk? Do I need to take all the rounds out of the magazine? Can they be in the safe with the unloaded gun? I’d appreciate some guidance.

Evan Nappen 33:46
So, here’s the deal. If you’re consuming alcohol or about to consume alcohol and you were carrying and you pull into that restaurant, now you secure your gun. The law prohibits you from carrying your loaded handgun on your person with a permit. You cannot carry it if you have consumed alcohol or are under the influence of alcohol. But if you have it unloaded and cased and all, you can transport it. The prohibition is specifically on carry, not on transportation, if you’re properly transporting it from that sensitive place, now you’re going home etc. That is what covers you. You do not want to be in violation of carrying your firearm while consuming alcohol or cannabis or any other type of substance like that. Or being under the influence of any substance like that. So, that is the answer, and thank you for the great question.

Evan Nappen 34:54
Now I have what is one of the most popular segments of the show, which is the GOFU, the Gun Owner Fuck Up. We talk about GOFUs because GOFUs are an expensive lesson that you can learn very cheaply. As a matter of fact, you learn it for free by listening to Gun Lawyer. Now, this one is also a

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question, but the question actually raises what a potential GOFU is. Fortunately, the person who wrote this does not appear to have committed the GOFU yet. And I hope that’s the case. Let me explain from his letter what it is. Hi, Evan, I’m a big fan of your podcast and bought your book on New Jersey Gun Law. I recently have a workplace injury and am struggling with anxiety and stress about keeping the job. At employee health, they recommend I call employee assistant program where I could get support with my stress and anxiety about my situation. I just want to know that if I take their advice or am prescribed anything, are my gun rights at risk?

Evan Nappen 35:55
The answer, unfortunately, is yes, they are. Now look, I cannot tell you not to get help if you need help with stress and anxiety. If you need help medically, then you have to decide whether you’re going to do that or not. If it’s best for your health to do it, then you need to do what you need to do. But strictly talking about the legal aspect of it and its impact on guns, if you are treated or observed by a doctor or psychiatrist, then you will have to answer “yes” to Question 26 on every New Jersey gun application (a New Jersey Firearm Purchaser ID Card Application or New Jersey Permit to Purchase a Handgun). Then you will have to submit a proof, a doctor’s report, that you’re safe for handling firearms. Now you’ve opened up that entire can of worms, my friend, and it requires your getting that doctor’s letter or certificate. Many doctors are afraid to say somebody is good for guns, even though they know damn well they are, but they don’t want the liability. So, now you may have trouble getting a doctor. Plus, you’re going to have to pay the doctor. And all that’s going to kick in.

Evan Nappen 36:57
So, our idiotic stupid gun law system actually creates a discouragement for people getting help. Because if you get the help, then you screw around with your Second Amendment rights. It becomes a GOFU for many people, many people. I get cases all the time with mental health as the issue because it triggers this. Then if you don’t write “yes” on the form or you think it doesn’t count, then you’re charged criminally with falsification for not revealing it. You’re facing five years in State Prison. So, as you can see, this can escalate badly. I’d be very careful as to who I speak with. If this medical person you’re speaking to is simply a therapist, if they’re not a doctor or psychiatrist, you need to see what their credentials are before you even speak to them to see if they trigger Question 26 as it’s written. That’s a fact question you have to answer for yourself. But if it does, then you’re going to have a new answer, and you’re going to have to deal with it. It’s going to cost you money, and it may jeopardize your gun rights. It’s stupid, and it needs to change.

Evan Nappen 38:08
New Jersey is amazingly intrusive here, more intrusive than any other state. Federal law only asks whether you’ve had an involuntary commitment. They don’t even ask about voluntary commitments. And New Jersey doesn’t stop at voluntary commitments. They ask whether you have been treated or observed by any doctor, psychiatrist, for any medical or psychological condition. It is insanity in Jersey, but at least you know how this works. So, thank you for the great question. Thank you for presenting a potential GOFU that I hope doesn’t become one for you. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

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Speaker 3 38:51
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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Downloadable PDF Transcript

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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