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Gun Lawyer Episode 83
gun laws, gun, firearm, new jersey, gun owners, guns, lawyer, law, rights, wrongdoers, atrocity, commits, bill, evan, lives, gun rights, reasons, range, carry, exemption
Evan Nappen, Speaker 3
Evan Nappen 00:19
Hello, I’m Evan Nappen, and welcome to Gun Lawyer. I’m sure you’ve been following the news because it’s impossible to get away from it. It seems to be nonstop on the coverage of the atrocity in Texas. I am very careful to use the word atrocity. I cannot stand when they call them tragedies. It’s not a tragedy. It’s not tragic. Tragedies, like we somehow brought it on ourselves, and it’s so tragic. No, this is an atrocity. An atrocity committed by what is apparently a mentally deranged, incredibly sick individual who committed murder. Yeah, hey, maybe we should like pass a law banning murder. That might be a good idea. Oh, wait, we have that. It didn’t stop him. It didn’t stop him in Texas, where if you commit murder, you’re facing the death penalty. And in Texas, they use it. Okay, you will be put to death in Texas. So, that didn’t discourage this nutbag from doing what he did.
Evan Nappen 01:41
Oh, well, what do we hear? We hear the blood dancers. The blood dancers are out chanting and dancing in the blood of the victims as they scream for more gun laws and scream for taking away our Second Amendment rights. Because they never miss an opportunity to take advantage of a crisis or an atrocity. You can always count on it. It wasn’t even minutes after this. They’re jumping on it to take away gun rights of millions and millions of law-abiding, honest citizens because of the actions, horrible, horrible actions, no question about it, of a nutbag. Now, do you think that with 300 million guns at least in America, there’s some gun law that’s going to stop a guy like this, intent on mass murderer from carrying out his evil deed? I mean, that’s insanity. It’s absolutely ridiculous.
Evan Nappen 03:09
Instead, what you see is, well, we have to do something. It’s do somethingism. We have got to do something. Okay, let’s sacrifice some rights to the gods. That’ll work, right? Hey, we don’t slaughter animals anymore to the gods. Let’s slaughter our rights. Let’s slaughter the Constitution and hope that it sends a great message. It feels so good because we’re doing something. There’s no logic to this. None whatsoever. There’s a complete and total non sequitur taking place here. You cannot equate guns to the evil actions of this person. It’s simple. It doesn’t work. It’s not about the guns. It’s not about it. All the laws, the most severe laws we can possibly pass – death penalty for murder. It didn’t discourage this one.
Evan Nappen 04:22 Page – 2 – of 7
Oh, but a gun law will somehow stop him from getting a gun or finding some other method of mass murder, whether it’s a five-gallon container of gasoline and a Bic lighter. One of the biggest massacres on record occurred when someone used gasoline and fire to arson a nightclub that killed more than any firearm episode. If you are intent on doing harm and doing bad things, gun laws aren’t going to change anything. But look, there are gun laws in place. Let’s face it, this was a gun free school zone, folks, and it even had a sign. How could this happen? We had a law against it. It’s a gun free zone with a sign. How could this be? Yeah, talk about useless and ineffective. It’s just an excuse to go after you and me and take away our guns and take away our rights. It’s disgusting. They never cease in repeating the same action. Their blood dance is so predictable, pathetic.
Evan Nappen 05:53
And yet, I get a letter that is just typical of where these anti-gun, anti-rights folks that are clueless about how important it is for us to keep and bear arms. Listen to this letter sent to me from John. John says, Hello. After the mass shooting yesterday in Texas, which took 19 children from this world, I know many of us were left with the question. Why? As someone who does not own a gun, and does not plan to, I was puzzled as to why any American civilian would ever need or want an assault rifle. I came across a document you wrote about 101 Reasons to Own one. Do you think those rights are worth children’s lives? Please enlighten me to your perspective. I do not understand. All human life is sacred. Do massacres like this affect your opinion on guns? Or do you think that more guns are the solution? What is more important, the lives of our children or a right given to us before we built mass-killing machines? Genuinely curious for your answers. John.
Evan Nappen 07:39
Oh, boy. Well, this is the kind of mentality that we’re dealing with. But I’m happy to respond here to John. First of all, I’m very happy that he read my article, which you can find on my website. I’ll shamelessly plug it at EvanNappen.com where I have an article which I wrote back in the 90s. It’s actually called 101 Reasons Why You Need an Assault Firearm. This article just flipped people out because the whole question was, why would anyone need one of these? I laid out 101 reasons why you might need one. The article was actually published by Harper’s Magazine and got widespread attention. I keep it up on my website proudly because it’s a statement. If you want to read it, go right ahead and log on and read 101 Reasons Why You Need an Assault Firearm.
Evan Nappen 08:41
It obviously pushed John’s buttons that someone would have the balls to say that there’s 101 reasons why you would need such a thing when children have died. Children have died. But you see the non sequitur. The non sequitur is not the guns. It’s the person. The evil person committing atrocities. Our society likes to blame everything else except the wrongdoer. Well, you know what? It’s the wrongdoer that’s the problem. Wrongdoers have existed throughout human history. Taking away rights and our ability to have guns and our Second Amendment isn’t going to stop wrongdoers from committing wrongs. Not one bit.
Evan Nappen 09:43
Before there were guns, there were plenty of wrongdoing taking place. Before there were any kind of weapon except the most primitive of weapons, even hands, there were wrongdoers. Humans have Page – 3 – of 7
wrestled with containing wrongdoing by other humans for entire human existence. Blaming the gun is stupid, and that’s what this guy’s doing here. He’s equating it, and is emotional and knee jerk, and can’t imagine any reason. When he saw online the 101 reasons, his brain probably blew up like the computer on Star Trek. Because he can’t face that. He can’t face that there are reasons. And of course, all the lives that are saved by guns. Individuals that defend themselves. I mean, if you want to just look at the trade off, it’s there. All the lives saved. By the way, what finally stopped this guy? Somebody armed, somebody armed put him down. Look, we’re not going to make guns magically disappear, whether you like them or don’t like them.
Evan Nappen 11:09
The way that this situation has to be dealt with, is by hardening our schools, by using security that we use to protect oh, you know, banks and politicians. No shortage of security for them. And by doing this, we can actually have real protection. Israel dealt with this. Golda Meier, with terrorists killing kids, was able to harden the schools in Israel. Okay, they didn’t go, hey, let’s ban terrorists from having AK47s. Oh, great. Yeah, that’s going to work. No, they realized that would never work, and instead, they did things that were effective. So, do you want to have a good conversation about effective things we can do? I’m all for it. I’m all for effective security, effective protection, and firearms play a role in that effective protection plan.
Evan Nappen 12:19
But you’re really a moron if you think a gun ban is going to save any lives. That’s just as stupid as stupid gets. And John here, Mr. I’m puzzled, will probably be there in puzzlement for a long time. Because he’s not using his brain to think about it. He’s just letting emotions run wild, and he’s looking for that scapegoat. He’s looking for that do somethingism. He’s looking to blame something, and hopefully, we can sacrifice something to the gods. And what he wants to sacrifice are our rights. We’re not going to do that, and we’re not going to let the blood dancers take advantage of a situation like this. Take advantage of it, to take away our guns. Take away our gun rights. Take away our ability to defend ourselves, our families, our state, our country. That’s right. You know, when it comes down to it. You hear that glass break at night in your home. Someone’s breaking into your home and your family is there. Oh, sure. Call the police. Absolutely. But you know what they say. When seconds count, the police are only minutes away. Do you know what it’s going to come down to? You. Your being able to defend yourself. Otherwise, you’ll be the statistic. That’s the heart of the Second Amendment. That’s the ability to defend ourselves, and that’s what this gives us. It is fundamental, fundamental to our ability to live our lives. When some nutbag abuses it and commits wrongdoing, even to the degree where the crime he commits carries the death penalty, gun laws aren’t going to make one bit of difference to that situation. But it will make a difference to yours and my personal safety, and we will be vulnerable. We will be less able to provide for our own protection and ultimately that’s who is responsible. I got some other great letters when we come back.
Speaker 3 15:09
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 Page – 4 – of 7
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 16:23
You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcasts.
Evan Nappen 16:38
Hey, welcome back to Gun Lawyer. I want to treat you to two great letters from great listeners. Unfortunately, we still to deal with the John’s of the world. But these next two, I’m sure you’ll enjoy. I enjoy answering their questions which may, of course, help you and that’s the whole point of the show. To help you navigate through these laws and know your rights and be strong and able to defend both on the legal and political side. I want you to know and that you’re not alone in our beliefs and our precious rights. I really appreciate that you do listen to Gun Lawyer and any of your friends you can turn on to Gun Lawyer that’d be great. Make sure you subscribe to Gun Lawyer. I also want to give another special thanks to my good friend, Mitch Rosen, who is in my opinion one of the finest makers of holsters. Mitch does not pay for ads here. He is just a friend that has made me great holsters, and I urge you to check out Mitch Rosen. I’ve got one on right now and it’s just the best.
Evan Nappen 17:53
Anyway, I have a letter here from William. William says: Thank you, Evan. “As a certified NRA Range Safety Officer at a large New Jersey gun range, I help first time firearm owners learn how to safely operate and shoot their new rifle or pistol every time I go to work. I recommend to every shooter that I talk with to download the NJ firearm transportation laws from New Jersey State Police website and listen to all your podcasts and educate them on New Jersey’s onerous gun laws.” You also need to recommend to them to buy my book, New Jersey Gun Law, which you can find on my website. I’m just kidding. But I appreciate what you do. “I find that even people that have been shooting for years have no concept of what can happen to them if they stop on their way home from the range for a quart of milk or to see a friend. Your knowledge and sincere willingness to help New Jersey gun owners comes through in every one of your shows. Thank you for providing a greatly needed service to New Jersey firearm owners.
Evan Nappen 19:05
Well, thank you, William, and I appreciate the compliments very much. Yes, my entire life and career has been dedicated to just that – helping gun owners to protect themselves in the ridiculous matrix of gun laws that are particularly bad in New Jersey. New Jersey has set many traps for unsuspecting gun owners, and it never hurts to review these things so that you don’t become a victim of New Jersey’s gun laws. New Jersey specializes in making gun owners victims. You hear the antis shout all the time about Page – 5 – of 7
victims of gun violence. But what they don’t talk about is victims of gun laws. And New Jersey’s gun laws make victims, and I don’t want to see any of you ever become a victim.
Evan Nappen 19:55
What William is talking about here is transportation of the firearm and how you do it under New Jersey law. The way you transport properly is by way of the exemptions, which are found under NJS 2C:39-6.e. In those exemptions, it allows you to go to your home and to your place of business as long as you own your business, and to the gunsmith back and forth. Under subsection f., it includes going to the target range and hunting and target shooting. Those are the places that are allowed for you to transport, but the question is, in the process of the transport, how is that done? For that you go to subsection g. of NJS 2C:39-06. Under subsection g., there are the methods of transport. Number one, the gun has to be unloaded. If it’s in a closed and fastened gun case, or in a sealed wrapper, okay, in a wrapper, or if it’s locked in the trunk of your automobile or in a gun case, then the method of transport is lawful. The gun is unloaded, and you’re in any one or can even have all those but at least one of those methods.
Evan Nappen 21:20
The question is, let’s say your gun is now properly under subsection g., and you’re transporting in between two proper places. But nature calls, and you need to go to the bathroom. Or you want to pick up a friend, or, hey, you’d like to pull in and get something to eat before you go to the range. Or you need gas. You’re running low on fuel, and you need to pull up to that pump, apply for a mortgage, and get some gas. Then of course, laugh at the “I did that sticker” on the pump showing Biden, because he did do that. Well, if any of those things are what you’re concerned about or looking to do, is it legal? It is because New Jersey has a section that says you can have a reasonable deviation from your travel. But reasonable deviation has not been defined on statute.
Evan Nappen 22:25
The Attorney General under (Governor) Christie, and thanks to the New Jersey State Association (ANJRPC), the Executive Director, Scott Bach, who is also a dear friend of mine and has been on the show, Scott was able to get through the Attorney General an opinion that laid out what reasonable deviation means. That’s in my book on New Jersey Gun Law, by the way, a copy of the opinion, you can find it there. It stated that a reasonable deviation includes stopping for fuel and stopping to see a friend or pick up a friend, not see your friend pick up a friend, to go to the range, stopping to get food, stopping to go to the bathroom. Those are all reasonable deviations.
Evan Nappen 23:08
But the key is it has to be reasonable, and it needs to basically be on the way. So, if you’re leaving from Eatontown, New Jersey, and you’re heading up to Cherry Ridge, in the Highlands at the Association New Jersey Rifle and Pistol Club’s range, and you want to go get something to eat, don’t go to Atlantic City to the casino buffet. It has to be along the way, reasonable, and as long as it’s reasonable, then those activities are permitted under the reasonable deviation. That’s how it works. It’s important to know that so you can stay within the law and know and be confident that you’re still within the law when you are transporting your firearms in New Jersey. Page – 6 – of 7
Evan Nappen 24:02
Now I have another letter here, and this one’s from Jim. And Jim says, regarding the Gulag bill: Is it possible that the Gulag bill is a pre-emptive shot against right to carry? If in 12 months, I can get a carry permit, will this bill make the consequence of using a gun to defend myself so onerous that I won’t want to carry because even if my actions are justifiable, I might sit in jail for two years to prove my innocence. I’m going to tell you something, Jim, it might be true. I do not know whether the bill’s intention is to do what you suggest. I have no way of knowing what’s in the hearts of these jerks that put these bills forward.
Evan Nappen 24:58
But I can tell you that the effect of the Gulag bill will be devastating. Because carry or not, New Jersey is a system of defenses that the gun owner must prove in order to prove his or her innocence. So, in New Jersey, you’re essentially guilty until you prove yourself innocent by way of the exemption, and that does fly for self-defense, generally, anyway. Because self-defense is an affirmative defense, and the burden is on you to prove upfront the affirmative defense even though the probable cause for your arrest may exist based on the action taken, even if it was justified, and then you have to prove the defense.
Evan Nappen 25:45
That’s also how it works on the transportation regarding the gun laws that we just discussed. If you’re pulled over going to the range, there’s probable cause to arrest you for your gun possession. Then it’s up to you to prove that you were within the exemption and going to the range. And all these things are Graves Act offenses, particularly possession of a firearm, possession of a firearm for unlawful purpose, which may be alleged in your use of self-defense where you’ll say, oh, no, it was legal purpose. You’ll have that argument. Well, guess what? You get to prove that to a jury.
Evan Nappen 26:22
Meanwhile, since the Gulag bill says that any charge that involves the Second Degree, or Third Degree charges involving guns that have a Graves component, meaning a minimum mandatory period of parole ineligibility, which exists on simple, unlawful possession of a handgun, simple, unlawful possession of a rifle or shotgun, no less possession of a dreaded intrinsically evil, assault firearm plus possession for unlawful purpose. All those things are Graves Act, and under the Gulag bill, there is a mandatory recommendation of no release. Therefore, you will be held until your matter is adjudicated, which could be years, even though you haven’t been found guilty of a thing. So, Jim has a good point.
Evan Nappen 27:31
I don’t know whether it’s a preemptive shot or not. But it will have an effect of making it very precarious for any gun owner. Whether they’re carrying or not carrying, even just possessing, even possessing in one’s home, particularly if that firearm gets used. The Gulag bill is the biggest threat to gun ownership in the state of New Jersey period. One of the worst gun bills ever put forward, in my opinion, and I’m talking with 35 years of legal experience, and being an activist, and a pro Second Amendment rights voice. I have studied it, and I’ll tell you right now, this is the lock up the gun owner bill for real. It is as bad and as sneaky and as absolutely despicable, as legislation can possibly get. So, Jim, I appreciate it. I appreciate your thoughts on it. Time will tell. Page – 7 – of 7
Evan Nappen 28:47
Hopefully, we get the right to carry put on steroids here after we get that decision. Then I hope and expect that we’ll see other changes to our gun laws beyond carry, based on what we hope the Supreme Court says with regard to the power of the Second Amendment, and how it should be utilized in taking down gun laws across the country. It will hopefully be the beginning of the dismantling of New Jersey’s gun control scheme that has turned law-abiding citizens into criminals that have ruined individual’s lives, their families, their fortunes, their hopes and dreams, that we will be able to destroy those laws and wipe them off the books with more ability and more power. And I believe that will happen. So, we have got to keep up the fight and stay vigilant. This is Evan Nappen reminding you that gun laws do not protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 30:13
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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