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Gun Lawyer Episode 72
nfa, silencer, firearms, ukraine, register, gun, registration, atf, speech, second amendment rights, anti, gun laws, lawyer, assault rifle, ban, issued, evan, push, gun owner, law
Evan Nappen, Speaker 3
Evan Nappen 00:19
Hello, I’m Evan Nappen, and welcome to Gun Lawyer. I wonder if any of you were able to stomach watching the President’s sock puppet give his State of the disunion address. Boy, it was miserable. It was just oof. Of course, in this speech, as Mr. teleprompter, he is spending half of it discussing Ukraine. Ukraine is like the greatest thing ever for these guys because you can use that to cloud over, hide behind, and just obscure. I mean, everything’s Ukraine. It’s amazing. Look, it seems that COVID has been cured by Ukraine. You do not even hear about it on the news anymore. Maybe Russia should have attacked sooner, and then we wouldn’t have any more COVID. It would have been great.
Evan Nappen 01:23
But if we look at Ukraine now to, it’s the big cover. That’s the big news. I am not saying it’s not a big story, and it’s very impactful when a nation is aggressive and takes on another nation. I get that. What is going on in Ukraine affects 2A, and it is something big. The government issued to civilians 10s of 1000s of, not just rifles as the media is portraying it, rifles were issued, oh, no, no. Bona fide assault rifles, actual real ones, not just semi-auto, but select fire, select fire, semi-automatic and fully automatic, select fire rifles, bona fide assault rifles. This is what an assault rifle truly is. Not what New Jersey and other places have banned with just semi-automatic firearms.
Remember, the original assault rifle was the Sturmgewehr, and the StG 44, which is the German Sturmgewehr, was the assault rifle 44. This was developed by (Hugo) Schmeisser during World War II. The concept of this intermediate cartridge, intermediate range cartridge, designed for more urban type fighting and to have a rifle of this nature. The Sturmgewehr, StG 44, heavily influenced the Soviet creation of the AK-47, which was the Soviet assault rifle. Which is what? Semi auto and full auto, select fire. You can do both. In the United States, what the anti-gunners have done is they have called our semi autos, assault firearms, even though they are not select fire and full auto because that would be the true Sturmgewehr. Yet in Ukraine, what was issued to civilians by the government? They issued them, by the 10s of 1000s, select fire AK-74s. That’s what they primarily look like. Basically, they are AKs being issued by the government with what? Large capacity magazines issued by the government. To do what? To fight the invading enemy.
Evan Nappen 04:23 Page – 2 – of 6
Supposedly Biden is all gung-ho about cheering them on. Good for him for that. I think anybody who is free does not want to see some big bully of a nation aggressively taking another nation. I get that. So, Biden’s all for that. Yet in the same speech, the same speech, where he’s saying how much he supports this and Ukraine, he advocates for an assault firearm ban, and a large capacity magazine ban to be passed in the United States. Talk about talking out of both sides of your mouth. I mean, good grief. This is a lifelong obsession with President Brandon, lifelong. He has always pushed gun laws that take away and attack our Second Amendment rights. Here he is, in this speech, at it again. Why is that? I have noticed that gun control and calling for anti-gun laws is always one of the last refuges of a scoundrel, a political loser.
Evan Nappen 06:00
Every time you see these guys get into trouble or their polls are really low, they are going to advocate for some type of anti-gun, anti-Second Amendment legislation. Oh, they always come on strong when they are about to be indicted or about to have criminal charges. Then it’s a massive anti-gun push because they believe that the lamestream media are going to be the ones that lap it up and paint them in this better picture. So, they always fall back to promoting this. Here it is in the speech where he is pushing again for this ban, which was useless and worthless. We already tried it. We tried it in 1994, and it had no effect on crime, even though it was part of the ’94 crime bill. Really, the bill itself was a crime. It was a 10-year ban on new manufacture that was sunset. So that in 2004, it went away. I am sure the anti-forces at the time thought it was great to have it go 10 years because every 10 years, we can do the blood dance, and we can pass it again. Just keep gaining politically and have the issue again and again, just to enjoy and cherish our anti Second Amendment efforts over and over again, every 10 years. Isn’t that wonderful? Except they miscalculated. After the 10-year demonstration of its uselessness and the change politically, they have never been able to pass it again federally. Never been able to get there. Even now that would be a virtually impossible task.
Evan Nappen 07:59
Especially now when the question of, why does anyone need an assault firearm is pretty much answered by looking over at Ukraine. If anyone has that question, why does anyone need it? Well ask Zelensky. He will tell you exactly why anyone needs it. Why his people need it? Why we all need it? It is a check on tyranny, a check on enemies, foreign and domestic. This is what it was all about. Did you think our founding fathers didn’t know that? Of course, they knew it. That’s why it’s our Second Amendment. That’s why it’s there. Yet this character gives this speech and contradicts himself right in it. Why should anyone be surprised? I mean, come on. This is what he has a pattern of doing. Literally a pattern of doing. As a matter of fact, that was one of the interesting things that his own spokeswoman mentioned about a pattern when it came to Russia grabbing land. When they took Crimea, Brandon was Vice President, and now Russia makes another move while he’s President. Gee, do you think they smell weakness and know it when they see it? Sure, they do, and that’s why they made their move.
Evan Nappen 09:23
But it absolutely has an impact on people recognizing the value and importance of our Second Amendment rights. It suddenly brings it home. When you realize that that’s what these people have to defend themselves against the enemy, and it is going to come down to fighting in the streets. It is going to come down to these individuals running a campaign of hit-and-run and insurgency and everything Page – 3 – of 6
else to try to stop the Russian aggression, and they’re going to do it with assault rifles. That’s right. They are going to do it with individually armed individuals with their weapons. The very thing that our President wants to stop us from having. It’s outrageous.
Evan Nappen 10:31
Of course, his speech did not only talk about that. He wants Universal Background Checks, UBC. Well, UBC is code. It is dog whistles for the left, for Universal Gun Registration and that is one of their objectives. Because once you register, you know where to confiscate. Then all his lies about having to be able to sue the gun industry. Yep, sue the gun industry. We can’t keep protecting the gun industry. We got to repeal that protection. And why is that? Well, you see, the gun industry, unlike other industries, is trying to be litigated out of existence. Litigated out of existence based on a theory, where the gun industry is guilty of nothing. It has done no wrong, but third parties who use their lawful products wrongly, they want to hold the industry liable for actions of third parties. There is no other product where that flies in the U.S. But that’s what they want to do to guns. Luckily, the Protection of Lawful Commerce (in Arms) Act had been there to protect them, but they want to get rid of that. Of course, the trial lawyers love that, too. They make lots of money and destroy the manufacture of firearms.
Evan Nappen 12:06
Remember that simultaneously while pushing laws opposing ghost guns; Ooooooooooo ghosts, back to ghost guns. What are ghost guns? Homemade firearms. So, if they ban your ability to make a firearm in your home, litigate out of existence, the ability for manufacturers to make firearms and then you have registration of firearms, there you go. The plan is in place to stop guns from being possessed by law-abiding citizens. These are all the battles that we have to fight. We have to stay vigilant and recognize what we’re up against.
Speaker 3 12:06
For over 30 years, Attorney Evan Nappen has seen with rotten laws due 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 best-selling 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 13:01
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts.
Evan Nappen 14:21 Page – 4 – of 6
Well, I’ll tell you. This is a little disturbing here. Just recently in a great, great source for gun information called the truth about guns ( www.thetruthaboutguns.com ). Some of you may check those articles out there. There’s a really good article about ATF going after homemade silencers through mass (ATF) Form 1 disapprovals. That’s right. What the ATF has done is do massive disapprovals of individuals who try to “do the right thing” and register their silencer builds that they wanted to make. ATF is rejecting them by claiming and here’s what they said. I’m going to read this directly. Get a load of this.
Evan Nappen 15:41
“A silencer is defined under federal law to include, in relevant part, any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication. See Gun Control Act (GCA) . . . and National Firearms Act (NFA) . . . Parts that fall under the definition of silencer must comply with the registration, tax, and transfer provisions of the NFA. Upon review of your Eform 1 application, the part from which you intend to make a silencer already meets the NFA s definition of silencer. The part was not registered nor transferred in compliance with the NFA, therefore your Eform 1 application to make a firearm silencer is disapproved. NFA division notes that it is unlawful for you to possess a silencer made or transferred in violation of the NFA. (26 U.S.C. 5861(B)(C).”
Evan Nappen 17:00
Look at that. So, if you have this part or parts, ATF is viewing you already in possession of a silencer and refusing your registration. Thereby, you have just registered yourself with them, essentially as being a criminal in possession of a silencer that they will not allow to be registered because you acquired it. And they believe it was a silencer from the moment you acquired. Even though it’s just a part that wasn’t a silencer until you intend to make it one. Doesn’t matter. Mass disapprovals of folks trying to register. Now think about this. The whole push that we heard from the antis; well, we just want to register your guns; we want them registered; we want these things registered. It is so important to have registration. Really? Then when you go and register, oh, no, we are not accepting your registration. Don’t you want registration? Why are you discouraging registration? Oh, they don’t really want that in one sense. They would rather have you be a criminal so they can bust you and charge you because now they know who you are anyway. So, it’s a form of registration without accepting your registration.
Evan Nappen 18:15
Look at it this way. There are provisions in the NFA that allow for an amnesty period. It would allow for registration of any unregistered full-auto guns, NFA firearms, NFA- regulated items. There are provisions with this declaration by the Secretary that can establish amnesty so that people can register these things that are sitting in attics or that are war trophies that have been brought back. They haven’t done it. The last amnesty for registration, folks, was 1968. That’s the last time. Now you would think if they wanted those things registered, they would open that up, but no, they don’t because they like having a big old trap. So, they can justify their existence and go after people that have these things.
Evan Nappen 19:11
Yet on the other hand, they are mechanizing the registration process with the E form. They are doing it, as we’ve discussed in other shows, to brace for the pistol brace ban that’s coming. When that hits, they Page – 5 – of 6
are going to have to handle millions of applications. What are we going to see when that comes down? Are we going to see this same idea? Oh, well, you already possessed it, and we view it as already being an SBR and you’re in possession of an SBR. Therefore, we are not going to accept your registration of an SBR. By the way, you are a felon in possession now. You are committing a felony by your possession. Is that what’s lying and now that we know who you are, thank you for registering without registering. Yeah, this is the trap that is essentially being laid and put out and experimented with, over all this NFA nonsense now.
Evan Nappen 20:10
With the E form registration, these rule promulgations and the abuse of the rulemaking process, and now these mass rejections taking place. If you’re an individual that tried to register a silencer and you get that letter back, that’s not going to make you really happy. What is the solution to it now? I don’t know. I don’t know. Because they are not saying what actions can even be taken. Because that itself is a problem. If you have an item that is NFA prohibited, there is no legal, established way to get rid of it. It’s a hot potato that cannot be easily disposed of. Under federal law, there is no voluntary surrender provision, where if you voluntarily surrender this NFA item, you are granted immunity. It doesn’t exist under the law.
Evan Nappen 21:31
So, if you come into possession of an NFA prohibited item now, particularly something that’s fully automatic, you are not able to register it. There are no new registrations at all of fully automatic firearms. Since the Hughes Amendment in ’86, there are no new registrations for individuals. It is not allowed. So, you can’t register it, and here with even parts that you intend to make a silencer, you are not allowed to register it. They are viewing you as already in possession. So, you can’t register it. Keeping it is unlawful; so, you cannot continue to possess it because that is a possessory offense, right there. So, you can’t keep it. You can’t register it. You can’t get rid of it. There is no voluntary surrender.
Evan Nappen 22:37
Now, if you go and look at ATF (www.atf.gov), they say call your ATF field office, and you can surrender it. Well, sure, you can do that. But there’s no protection to you. When you do that, you are essentially violating your Fifth Amendment right. You are incriminating yourself and turning in the evidence for your own prosecution. It’s only by their benevolence, which they’re not exactly famous for, that you don’t get prosecuted for that. Okay, so, what if you destroy it? Well, that is destruction of evidence. That’s a crime in and of itself. So, what’s the solution? I don’t know. There really isn’t a satisfactory solution here is there? You can’t get rid of it. You can’t keep it. You can’t register it, and you can’t destroy it. All avenues are blocked, and there’s no escape valve built into the law.
Evan Nappen 23:29
Folks, that’s exactly where they want us. Don’t fool yourself. That’s where they want us so that they can disenfranchise every gun owner of their Second Amendment rights. Make them criminals. Make them felons. Take away their rights, destroy their lives, destroy who they are. People may say, oh, come on. Do you want to know why? I’ll tell you why. Because they hate us. Do you think they don’t hate us? Do you ever watch them speak, hear what they say about gun owners, how they treat us, and what they think about us? They despise us. They hate us. They would love to turn every one of us into convicted Page – 6 – of 6
felons and ruin our lives. Simply because we want to exercise our Second Amendment rights. Don’t fool yourself. This sentiment runs through the anti-gun movement. It’s based in hate. Absolutely fueled by hate, nothing less. When you hear them spewing their anti-gun rhetoric, you know that all that is is hate speech, and anti- gun bias directed at you and me for wanting to exercise our Constitutional rights.
Evan Nappen 25:00
There are things on the horizon that hopefully will change this. One thing that I always take a little bit of hope in is that our Founding Fathers designed a system that allows for change. In many other places, you don’t even have the opportunity to change, and that’s what you have to fight for. And I think politically, we can do it. As long as we can keep things honest, we can get the change that we need, and learn from what we’re suffering through now, in both incompetence, and seeing the hypocrisy, the hypocrisy, going at our rights. We can still win it, and I’m confident that we will. We have to remain vigilant. Until then, you need to protect yourself. You have to focus on making sure that their agenda doesn’t end up applying to you personally. So, stay smart. This is Evan Nappen, reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 26:19
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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