Episode 74- !Red Alert!- Update

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Gun Lawyer Episode 74

SUMMARY KEYWORDS

firearm, gun, atf, registration, guns, dealer, fight, records, law, assault, jersey, called, confiscation, new jersey, handgun, lawyer, database, gun rights, license, seized

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:18

Hello, this is Evan Nappen and welcome to Gun Lawyer. I want to give you an update on the Jersey Gulag for Gun Owners Bill. As you may recall, this was a bill that was seeing action in Jersey, which made gunowners the equivalent of murderers so that they would be held without bail. And I mean, held until the matter went to trial years, possibly. With no finding of guilt until you finally get your trial. So, basically, it’s just wait in jail while your matter pends. I guess we could rename the New Jersey jails, you know, the Bastille in honor of this.

Evan Nappen 01:08

But the good news is the show Gun Lawyer, we got the message out. We worked hand in hand with the state association and my great, dedicated listeners. We had tremendous impact. And the impact was, I am proud to report, knocking out about 85% of the bad in that bill. We were able to get handguns removed, and rifles and shotguns removed. Those possessory Graves Act offenses that anyone could end up being involved in simply because you get put to your proofs in New Jersey. Remember, when you possess firearms in New Jersey, the burden is on you to prove at any time that you are legal, that you within an exemption. In New Jersey gun owners are guilty until proven innocent. It’s actually how it works. Because the defenses, that are exemptions, must be proven to show that you do not have something that is prohibited. So, this was a nightmare in the making.

Evan Nappen 02:23

Now I say 85% because, unfortunately, the one thing still left is the so called, dreaded intrinsically evil, scary assault firearms. Assault Firearms. Yeah, that’s what is left – assault firearms. The pejorative term conjured up by the antis to mean some type of gun they don’t like. No, really, you can’t specifically say what an assault firearm is because the law is so complex and convoluted that virtually no one really understands it. It’s a five-part definition found in law, and it is so terrible. It’s really one of the worst certain criminal definitions of anything, anywhere, ever. And that’s not just because I can’t stand it. It’s a fact.

Evan Nappen 03:18

The first part of that law is this laundry list of 67 guns. Then the following paragraph says any gun substantially identical to any gun above. Substantially identical. What does that mean? Substantial means almost identical means exact. What the hell does almost exact mean? Then any semi auto rifle Page – 2 – of 7

that has a fixed mag capacity exceeding 10 rounds. Then shotguns that are semi auto and have a pistol grip, a folding stock, or mag capacity over six rounds. And then what’s called the part of parts definition to make an assault firearm. All these things fall under the definition of assault firearm. And it’s really impossible for a citizen to know exactly what’s legal because of the vagueness that’s so built into it. I actually won a case on that. It was State (of New Jersey) v. Merrill where the judge did dismiss it as unconstitutional for being vague because of the term substantially identical. Yes, so substantially identical is a problem. It has been a problem. This wide variety of what makes a gun Jersey legal and not legal is constantly an issue.

Evan Nappen 04:28

Just today I had two hearings on whether guns are assault firearms or not. Two in one day even. Because it’s so convoluted and complex and contradictory, it is a battle every time. Yet if you’re charged with having one of these so-called assault firearms, New Jersey wants to hold you in jail without bail. And you will sit there and wait and wait and wait until your matter gets adjudicated. It could be years. This is wrong. Yet possession of an assault firearm in Jersey is a crime of the second degree, up to 10 years of state prison with three and a half years minimum mandatory. There are so many guns out there that seem to be assault firearms but aren’t and vice versa.

Evan Nappen 05:24

For example, a SKS was on the list, but only ones that use detachable magazines and that confuses people. The semi auto Thompson 1927A1. It looks like the classic Thompson machine gun, but it’s semi auto. That gun is not an assault firearm, but people think it is. The mini-14, but only the folding stock version, not the straight stock version. Guns that have offending features based on the Attorney General opinion, but those features can constantly be in debate. Is it a flash suppressor? Or is it a muzzle brake? Is the barrel still threaded, even if it’s pinned and welded over the threads? Is a bayonet mount still a bayonet mount if a bayonet can’t actually mount to it? All these things raise these issues, and it makes it dependent on whether it’s an assault firearm or not. None of those features have anything to do with crime. Nothing, zero, zip. Nothing about fighting any kind of social ill. It’s just a bizarre, puzzling matrix that traps law-abiding citizens into this god-awful maze, where they face draconian penalties.

Evan Nappen 06:50

Now with the Jersey Gun Owner Gulag bill, they want to hold you even before there is any adjudication. They want to make sure you get imprisoned if you have a firearm that they even claim to be an assault firearm. So, we are still fighting to get that removed from the presumption against bail, presumption against release. That part has to go. It’s vital. We did well on the others, but this last little bit has to go as well. Your help contacting your legislators, doing what you are asked to by the alerts to let them know, made a tremendous and important difference. Let me say that this difference is not just on our rights. By your helping, by us getting the word out, by us putting this pressure, we literally saved hundreds and hundreds, untold numbers, of otherwise law-abiding citizens being slammed away into the Jersey Gulag without due process. We really are helping individuals, truly immediately helping individuals, by engaging in this fight to get these laws changed and stopping them from sneaking them through and getting them enacted. Critical, important work that we are all doing together here. I cannot emphasize that enough. Page – 3 – of 7

Evan Nappen 08:28

Now, we have had some other issues here of late that I want to make sure you are fully aware of. For example, in New Jersey, there has been an excess of confiscation taking place. Red flag confiscation, so-called ERPOS and TERPOS, which are the extreme risk protection orders. We have healthcare confiscation. These health workers will immediately call the police if anybody has a gun that they are treating, and they in any way have threatened to harm themselves or others. I am talking about somebody who goes to the doctor and says, man, I was so mad at that guy, I could kill him. It’s just hyperbole. You are not really going to kill him. It doesn’t matter. You said you’re going to kill him. The health worker knows you have a gun and you said that. They shall notify. I tell you what, you said no one’s that stupid. Oh, they’re that stupid and they don’t care. I’ve had folks just say hyperbole of any sort, oh man I’m so depressed I could kill myself. Even though they don’t really mean they are going to kill themselves. It doesn’t matter. Doesn’t matter. Guns confiscated, dragged in for a three-day mandatory evaluation, the whole bit. Never say anything about harming yourself or harming others to anybody and especially doctors, medicals or therapists. Because as soon as you do, all this is going to come down on you.

Evan Nappen 10:07

I have case after case of it and that’s all it was – an innocent statement. It doesn’t matter. Your guns are seized, and you are seized. Folks, saying that you’re going to kill somebody or that you’re gonna kill yourself is the same as saying a bomb joke at the airport. Don’t do it. Jersey is crazed with gun confiscation. Every day my office gun confiscation after gun confiscation. Whether it’s so-called domestic violence gun confiscation, the duty to warn healthcare confiscation, or red flag confiscation, or the pull it out of your ass confiscation, and what I mean by that is no law. They are just taking guns because they want to.

Evan Nappen 10:56

Plenty of that takes place under the so-called Community Caretaking, which the United States Supreme Court has said is unconstitutional, a violation of the Fourth Amendment. They said that in a unanimous verdict, unanimous, both sides say you cannot do this. Does that stop New Jersey? Hell no. What are you kidding me? So, it’s still going on here. You need to be aware of these factors. When you have a gun seized and not returned, particularly in the arena of domestic violence, it creates a bar for your gun ownership – period. A “total and complete bar” puts you in the same category as being a certain person not to possess. You have got to be very careful. If your guns are taken, you need to get your guns back. Fight every seizure. Never roll over and let them sell your guns where you get the money. If you do that, you sell your rights, not just the guns. They don’t tell you that you are giving up your rights when you do that – your gun rights, your Second Amendment rights. Fight every seizure. Fight every confiscation. Legally fight it because the consequences are more serious than they let you know. They purposely don’t let you know, and they don’t have to. But you need to know it. You need to fight.

Evan Nappen 12:30

Let me tell you the law about seized but not returned. It’s been in effect for over 10 years. You become a disqualified person that can’t ever possess guns again, just like a felon and it’s a licensing disqualifier. Yet, you do not see that disqualifier on the licensing applications. They don’t put it on the license. You Page – 4 – of 7

would think they would ask, have you ever had a gun seized and not returned? You think it would be on an application. It’s in the licensing criteria. It’s an actual disqualifier. But it’s not there. And do you know why? I’ll tell you what I believe why. Because if it was, you would know about it. You would know to fight for your gun rights every time because you know that if you had a gun seized and not returned, you’re done. You would have filled out the app and seen it as a disqualifier. If every person who gets their gun seized, fights to get their guns back, the system will explode. They will not be able to handle it. They think the docket is backed up now. It’ll be backed up to the year 3000. So, they don’t want you to know that. They want you to roll over and let the government take your guns. No way man. You fight every inch of it.

Speaker 3 13:48

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 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 15:03

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

Evan Nappen 15:18

Hey, everyone, welcome back. Thanks for being a listener and subscriber. It’s great, and we’re able to get the word out, get the message out. We have seen the impact just from fighting the Jersey Gulag bill and other ways people are protecting themselves and getting the message out. It’s really great to be able to do that and not be repressed by social media. So, please subscribe if you haven’t and tell your friends to listen in. I try to give the vital information that’s lamestream media tries to cover up and that you are not going to hear about.

Evan Nappen 15:48

One of these things that you may not have heard about is how ATF has now created a database of over 1 billion guns. That’s right. What they’ve done was they have databased every record from gun dealers that have gone out of business and turned in their records, which they’re required to do once a gun dealer goes out of business. They had to send their records in. Well, guess what? All those records have been databased by ATF, which is illegal. It’s illegal to create a registration database. We have a specific law against it. Does that stop them? Of course not. They tried to rationalize it was just a way of doing record keeping. Yeah, right. Record keeping. Except it’s a database, and it is searchable. That’s fascinating. It’s called registration. One billion records. It’s pretty outrageous, and it is having an impact. Page – 5 – of 7

It’s setting the stage for these forward traces. To pull old records, and then create havoc for individuals. Simply because you purchased a gun at some point in the past doesn’t mean anything. That you still have it, whether you sold it, got rid of it, anything. It doesn’t matter. They just view it as their registration database, and now it’s registered to you. But it wasn’t a registration. It was simply an application that allowed you to make a purchase at that given time, and that’s what it was. You made that purchase then and you’re not bound to that purchase. You’re not registered on that purchase. Yet this database puts out a pretense of that, and individuals get fooled. Because a lot of folks think, oh, I bought the gun from a dealer, and it’s registered to me. No, not it really. It isn’t registered to you. Just the purchase is documented, but there’s no registration to you.

Evan Nappen 17:55

By knowing that, you are empowered and that’s what I want to do. I want to empower you with that knowledge. If there’s anything that goes on with contact regarding old records, the thing you need to say is, I’ll have my attorney call you. That’s it. Don’t comment. Don’t make statements. I’ll have my attorney call you. This is what’s going on now. There’s this onslaught. Now combine the one billion records from closed dealers with the Biden administration’s new push to take down dealers and target FFLs for revocation. Because if FFLs get their license revoked, guess what? Those records get turned over to ATF, and they get data based. So, this creates another registration or registration pipeline here. The Biden/Harris administration has put forward a new policy of zero tolerance for, “what they call rogue gun dealers that willfully violate the law”. Yeah, except, you know how they view that, right?

Evan Nappen 19:15

I’m talking here from an NRA headquarters news release that just recently came out. https://www.nraila.org/articles/20220316/atf-targeting-ffls-for-license-revocation The policy specifies that absent extraordinary circumstances, the ATF will seek to revoke licenses of dealers the first time they violate federal law, for certain violations. The first time. One time. In other words, the ATF license is going to be stricter than a license to have a nuclear power plant or licensed to have pharmaceuticals. One violation. Zero tolerance. Even though for years and years, there was an attempt to be reasonable. No more. Reasonable, no more.

Evan Nappen 20:06

This is now going to be an immediate revocation. And what it says is, ATF will issue a Notice of Revocation whenever it determines a single act of any one of the following. Here’s what it is. Transferring a firearm to a prohibited person. Remember, there’s supposed to be NICS checks. But when NICS screws up and a dealer makes a transfer to a prohibited person, what’s going to happen then? Failing to conduct a background check. Well, they’re supposed to do background checks and that’s on the seller to do it. Falsifying records such as a firearm transaction form. Now look, if a dealer is blatantly lying, you can see that, but what about just honest mistakes? Honest, pure mistakes. They’re not an intentional falsification. Oh, it doesn’t matter. Failing to respond to a trace request. Again, back on this gun registry deal, forward tracing. Come down on them if there’s issues without the trace because the idea here is taking this backdoor gun registration and make it exactly what we always said it would be. Backdoor gun registration.

Evan Nappen 21:28 Page – 6 – of 7

If you refuse to permit ATF to conduct an inspection, these things will have immediate, immediate revocation, so that they can then get the dealer books and records and database them. However, it’s not limited to that. There still are other violations that could get somebody into trouble, particularly dealers, and that would be failing to account for firearms. Many times, dealers are booking in and booking out and trying to stay on top of it. But there can be a bureaucratic error in the accounting of guns, and you have to find a gun that was booked. Normally, most times, it’s not a problem. It’s not. It’s just paperwork error. It doesn’t matter. Failure to verify and document buyer eligibility. Well, that’s pretty broad. But they need licenses, need documentation, and they’ve got to sign the form. Maintain records needed for successful firearm tracing. Here we are, again, tracing firearm, trace request, tracing, taking records, making the forward trace. Again, the focus is on registration, national registration. You have to read through what they’re doing. Failure to report multiple sales of handguns. You better know, a lot of folks aren’t aware, that if you buy more than one handgun within five business days, which is reported to ATF and the local police where the dealer is. It is reported, and you don’t even know that it’s reported. If you buy more than one handgun from that same dealer within those five days, there’s a multiple handgun report generated on you. And you don’t even know that that’s happening.

Evan Nappen 23:42

So, these are all things that ATF is looking for. But it’s all part of the bigger plan, of course, and the bigger plan is the massive gun registration. We have the gun registration of the billion records that they databased, the push on dealers to revoke, and mandate the traceability through the dealer record or even to take the dealer records and put them into registration database. Combine that with the pistol brace ban that’s going to promulgate shortly. Everyone is going to have to register their existing handguns with pistol braces, which is in the millions, three to 30 million of that registration. The groundwork having been laid in the computerization of the ability to file your NFA forms. We are now in that beta period or test period where they’re doing it on suppressor registration. So, they can get the system already to role when they mandate the registration on the pistol brace. They got it automated. Then from there, eventually, the plan is registration on all current purchases with registration prior on all prior acquisitions, and then they have the computerized national database, which is the anti-gun wet dream. That’s where all this is going, man. That is what every one of these things points to. They want the registration.

Evan Nappen 25:21

Now why do they want registration? Because the next thing after registration is confiscation. And that’s how they put the squeeze on. First, you got to know where they are, and then you can take them. This is their long game, folks. This is the long game. You can see the writing on the wall. Look at what I’m saying, and you see all the pieces fit together. This is what they’re up to. We need to get a political sea change here. It needs to take place. We got to get out and vote. Make our votes count in November, because we’ve got to stop this. It’s going in a bad direction for our Second Amendment rights. Need you to stay vigilant recognize the plan. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 26:27 Page – 7 – of 7

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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