Episode 158-SCOTUS to Examine ATF Overreach
Also Available OnPodcast TranscriptGun Lawyer Episode 158

SUMMARY KEYWORDS

gun, great, firearm, gun owner, law, new jersey, carry, agency, sensitive, evan, purse, gun rights, place, rights, lockbox, core competency, book, pistol, lorenzo, exemptions

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:00

Hi. I’m Evan Nappen, and welcome to the number one highest rated podcast for gun rights in the United States. And that is, of course, Gun Lawyer. That’s not according to me, but that’s according to Feedspot. I’m very proud of that, and I’m only there because of you, the listeners, who I love to talk to. I try to bulletproof in this anti-gun world that we live in, that just wants to crush our rights and turn us all into criminals. And, man, these are crazy times, as I’m sure you know, and gun ownership is more important than ever. That’s just a fact. So, we’re going to get into some exciting news, and, of course, I have the gun owner fuckup of the week to tell you about at the end of the show, which is that time where you get to learn from other’s mistakes for a very reasonable price called free. That way you don’t have to repeat the nightmare that these folks go through, and that’s part of the purpose of this show.

Evan Nappen 01:32

Let me get to the really exciting news. The Supreme Court of the United States, what we like to call SCOTUS, an acronym for Supreme Court of the United States (SCOTUS), has granted certiorari, which means they will be hearing the case, challenging the Federal Bump Stock Ban. So, this is really great news that they are taking this on. Now, granted, we always have a risk of losing, but I feel cautiously optimistic. It’s really great to see that they’ve chosen to take this up. Now this bump stock ban, as you may or may not recall, was actually initiated under President Trump. Of course, President Trump is a solid Second Amendment guardian, but here, to many of us, it was something that we were highly critical of, of course. Although there were political factors about this bump stock ban, and I don’t mean giving in to the other side. But, in fact, tactical where there is some political danger here that what the bigger plan of the anti-gunners with bump stocks is to show and utilize the function of a bump stock, which by the way, simulates machine gun fire, fully automatic fire out of a semi-automatic. I like to say it creates a simulation of inaccurate machine gunfire. And, of course, they are fun to shoot.

Evan Nappen 03:27

But the idea would be for them to utilize this to create a further ban on semi-automatic firearms by further blending the difference. Getting rid of the difference between full auto and semi auto by using this as a tool that was actually part of the plan to do that. But we, as gun owners, need to put it forward in another way. It’s not that semi autos should be banned, but machine guns need to be legalized. They need to be allowed to be made. Again, the Hughes Amendment needs to be repealed. There’s nothing inherently evil about full auto. It’s a ridiculous distinction. So what? You are shooting rounds out a gun. Page – 2 – of 9

What difference as to how fast they fire does that make at all? This is silliness when you get right down to it. A firearm is a firearm is a firearm. Anyway, putting aside the politics of whether that was a good or bad decision, the good news is the way it’s getting challenged here. It has a lot of significance to the incredible amount of abuse that Biden is doing through the agency of the ATF and the Justice Department in their abuse of the Administrative and Executive powers to go after guns. When they cannot get gun laws passed through the legislature, they abuse agency discretion.

Evan Nappen 05:10

In fact, that is what this case is centered upon. It is not a Second Amendment case, per se. It’s not a case where we’re arguing, necessarily, as a key basis here for the challenge. It is, rather, framed as a Separation of Powers dispute. Our side is arguing that the Agency itself lacked the authority to issue this ruling because bump stocks do not fall under the legal definition of machine gun. And at best, the law is ambiguous. Therefore, it would be something that the legislature would have to do not an agency, not an agency. The arguments are pretty clear. It is plainly something that does not fall under the actual Federal definition of machine gun. Because it says, a “machine gun is any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” That’s the key. With a bump stock, you still are pulling the trigger for every shot. That’s inescapable. It just allows you to pull the trigger faster. So, it doesn’t fall under this definition of machine gun. The Court is focused on agency overreach and abuse of agency powers. This is another swipe at bureaucracy, which always makes me cheer, and I bet it does you, too. This is where I’m looking forward greatly to the Court, hopefully, knocking down the agency’s powers to do this. Then the ramifications for this opinion, however they end up discussing the agency overreach and whatever test or law they create, that should limit agency overreach, particularly with firearms here.

Evan Nappen 07:41

Well, guess what? That’s going to apply to Biden’s other agency bans, including the pistol brace ban, which is agency overreach. Including the Biden interpretation of who is a dealer and who has to be licensed as an FFL. They almost now want to make it that if you sell a gun for a profit, one gun, they can declare you to be a dealer. It will go at all these approaches that Biden has done getting ATF and the Justice Department thru (Attorney General Merrick B.) Garland to promulgate agency abuse and to expand the gun laws to applications that they were never intended to have. So, this is a fascinating, great case to watch, and I’m greatly looking forward to seeing how the Court rules on this. Particularly its implications to knock down what is essentially the entire Biden anti-gun agenda that has been pushed through by agency overreach. So, stay tuned for that excitement.

Evan Nappen 09:14

Now, let me tell you, I get a lot of great letters from my listeners, which I really appreciate. I’ve got a whole pile of letters here, and these are really interesting questions. I’m going to go through these letters with you, and you can see the kinds of fascinating questions that I get. I will not only read you the letters with the questions, but I’ll try my best to answer them. So, let’s take a look here. This is from Lorenzo. Now, Lorenzo sent a question regarding carry in pharmacy, carry in a pharmacy. Hi, Evan, big fan, been listening to your podcast religiously every week. I called you once because I’m a proud gun owner with a PTC and I own a retail pharmacy. You touched upon this in your last podcast that the fact Page – 3 – of 9

that I own the pharmacy supersedes the “sensitive places” law. My question is: I have a sign outside my door showing my support that says, “CONCEAL CARRY IS PERMITTED IN THE PREMISES”. Does that allow someone to come in concealed to my retail pharmacy (mom and pop store) or can the sign get a potential customer in trouble and perhaps I should take it down? Thanks in advance, Lorenzo.

Evan Nappen 10:31

However, you personally, Lorenzo, can have your gun in your pharmacy, because one of the overrides to sensitive places is the 39-6 exemptions. One of the 39-6 exemptions is possession in one’s place of business, as long as it is a business that you actually own. It’s your business. So, Lorenzo, you can carry in your pharmacy. But at the moment, unfortunately, others are prohibited as sensitive places, even though you would welcome them. If it wasn’t a sensitive place and was simply under the private property prohibition, where property open to the public doesn’t need a sign. Folks can carry there as long as it’s not otherwise a sensitive place. But, if it’s private property, not open to the public, then you could put up a sign and individuals would be welcomed to carry on the private property. Even if it’s public property and if it was not a sensitive place and you had that sign, it would just be a great show of support and saying something that’s very smart. By saying that concealed carry is welcomed, that gives potential bad guys a second thought about robbing your store, because you are welcoming law-abiding citizens that are armed to protect themselves and, by default, you. So, thank you, Lorenzo, for the question. For now, I would not have that sign out because if individuals don’t understand, they could be getting into trouble which I’m sure you don’t want to have happen to anybody. But we’re working on that.

Evan Nappen 10:31

Well, Lorenzo, thank you very much for your letter, and let me say I totally appreciate your sentiment. It’s great to have folks that are proud not only to be gunners but to welcome gun owners. However, yep, here’s the however. However, at the moment, pharmacies, dispensaries of drugs are a “sensitive place”. The sensitive place is prohibited in and of itself. Your sign outside welcoming guns applies to the private property sensitive place, which is a separate sensitive place, from the separate prohibition on pharmacies. So, the problem here is that individuals still cannot carry in your pharmacy under the law, even though you’re welcoming them. They would not be trespassers in your mind at all, because you’re welcoming them and saying, come on in. But the law says no.

Evan Nappen 13:20

We’re working on challenging these sensitive places. The Association of New Jersey Rifle & Pistol Clubs, one of the sponsors of this show, is in the Courts, as we’re speaking, litigating over the sensitive places, and they’ve had great success. We’re in a tremendous battle, and we had a fantastic opinion in the lower court from Judge (Renee Marie) Bumb in the appellate level. Now, they’ve put a stay on some of the things that were enjoined, but progress is being made. I believe, ultimately, we’re going to be victorious and hopefully knock out every one of these sensitive places. But for now, the fight is on, and we’re in this transition period. You have to obey the law, so that you don’t end up losing your gun rights. This fight is done by anjrpc.org. They are the premier gun rights group in New Jersey, and every one of my listeners needs to be a member of the Association. They have a full time paid lobbyist in Trenton on the legislative front. Like I said, in the courts, I work closely with counsel and with leadership in that Page – 4 – of 9

group. We were able to fix the No Serial Number (NSN) gun ban, and we did that without having to even litigate. We were able to fix the training requirements that were just unbelievable, you know, the John Wick training requirements. Now we have them down to very basic core competency that any competent gun owner can achieve and get their permit. So, please be part of the solution and join ANJRPC. Visit their website to get the membership, anjrpc.org

Evan Nappen 15:07

Here’s a letter from Matt. Matt writes regarding threaded muzzle devices. Now, Matt raises an interesting question. These are the kinds of questions where I go, oh my god, I gotta really think about this. Matt says, Hi, Evan. I’ve been listening to your show since episode one and look forward to each of your episodes. Your show is a wonderful resource for gun owners, and I appreciate the work you do. Thank you, Matt. I understand per NJ law that a threaded barrel on an AR style rifle counts as an offending feature per the assault weapon law and how to get around this is to have the muzzle brake pinned and welded to the barrel. What if the muzzle brake itself features external threads, such as the Huxwrx Muzzle Brake-QD, which can accept silencers or non NFA blast deflectors? It would be great to tame the obnoxious concussion from the brake with a blast deflector, but obviously, I do not want to find myself facing prison time. And that is smart.

Evan Nappen 16:14

This is an interesting question. So, what is the offending feature? The offending feature is listed in the Attorney General guidelines. Now, remember, these guidelines came about from the case that I started which was State of NJ v. Merrill, which was the first time we got the law declared unconstitutional in state court, based on vagueness over the term “substantially identical”. Then the state gun rights group brought the challenge into Federal court and that’s when the Attorney General promulgated the 1996 guidelines that we live by. Those guidelines are where we find the offending features, and the offending features are how we determine whether something is an “assault firearm”. It begins by whether it’s a rifle that uses a detachable magazine. So, that’s the starting point. So, an AR, assuming it’s a standard AR that has a semi-automatic action and uses a detachable magazine. Now there are six offending features in the Attorney General guidelines, and you cannot have more than one. You’re allowed one, but no more than one. You know, this starts sounding like the Monty Python gag of the Holy Hand Grenade. You may have one but no more than one, nor shall you have, anyway. One is what you’re allowed, and what are they? Well, they are a pistol grip. So, most ARs have a pistol grip. So, there’s your one offending feature. Then you cannot have a threaded muzzle. You cannot have a flash hider on there. You cannot have a bayonet lug. You cannot have a folding or telescoping stock. And you cannot have the all-time popular grenade launcher. Make sure you don’t have a grenade launcher. I know a lot of you like to have grenade launching on the weekends, but that is not allowed in New Jersey.

Evan Nappen 18:04

So, what about this question? Well, this is not a threaded muzzle, is it? It’s not a threaded barrel. This is a threaded compensator. Now the compensator is fixed and welded to the barrel, not because it is the barrel itself. But because it destroys the threads of the threaded barrel itself. So, by pinned and welded, you don’t have a threaded barrel. You do not have that thread muzzle. You don’t have that. The pin and welding are to destroy the threading and make that offending feature no longer a feature. So, it appears to me that the device that’s threaded is not the barrel. That’s not the barrel, as far as New Jersey looks Page – 5 – of 9

at what a barrel would be defined as. Now federal law may take an opinion of that if it’s welded and attached in such a way that you can get beyond on the length of a barrel. But there’s nothing out there on New Jersey on what actually constitutes the barrel or the barrel length. So, this becomes a very interesting issue on debating whether this is or isn’t an offending feature. Remember the offending features are from guidelines by the Attorney General. Guidelines. To determine assault firearm, which is not actually law per se, but treated as such because it’s guidelines. So, this becomes a very difficult problem. And although I believe I could defend you, if you had such a device, I believe that if you had it, you’re taking a risk. And that’s really what we have to consider in Jersey. The risk assessment of this. And I would say, don’t do it, simply because you don’t need to become the test case on this very interesting issue. Like I said, I feel confident that we would be able to present what we needed to present. But you don’t need to be in that fight. And for now, I would say, do not do it, especially since we are making tremendous progress in the courts on the assault firearm challenge, and that hopefully, the whole law is going to get tossed as unconstitutional. So, in the meantime, let’s play it conservatively. But I thank you for that question. It is an interesting, fascinating question to think about. Hey, when we get back, I have some more great questions from listeners, and we’re going to tell you the gun owner fuckup of the week.

Speaker 3 21:11

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 bestselling 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, that 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 22:25

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

Evan Nappen 22:40

I really appreciate the time that we get to spend together. And one of the ways that that is made possible is by the great sponsors of this show. One of my favorite sponsors is WeShoot. WeShoot is a target range, a wonderful range in Lakewood. It really is, and I’m not just saying that because they are a sponsor. That’s where I got certified for my carry license, and they have a lot of really great fun events. What a great staff and just a great place. You really need to check out WeShoot, so conveniently located right there in Ocean County, Lakewood, right there that area Monmouth as well. Super easy to get to, and you know we really need our ranges. Without ranges, where are we going to shoot? Let me tell you about a really fun event going on. WeShoot is doing a Thanksgiving Turkey Hunt. Now, this is really neat. What they have is, and I’m not kidding, they have a ballistic gelatin Page – 6 – of 9

turkey. That’s right. This is a basically a 12 and a half inch, 25 pound, ballistic gel turkey target. You get to have this great day at the range where you can shoot up this turkey. This is set for November 15. Heh, it’s Thanksgiving, and you can stuff this turkey full of lead. That’s the turkey stuffing for this turkey.

Evan Nappen 24:28

I actually shot the ballistic gel teddy bear that WeShoot did and that was awesome. Do you know who loved it? My wife. My wife loved that. It was just a ton of fun. And you know this is a great way to bring your spouse or your significant other, or your family and have a great fun time shooting up this ballistic gel turkey, and you get to keep the turkey at the end. You get to keep it. It’s really cool. We have our teddy bear here on the shelf. It’s a giant gummy bear. The thing’s pretty cool. Check it out at weshootusa.com. You can click on “Turkey Hunt” to do register. They have a great deal on this. You get one hour of range time. You get the ballistic gelatin turkey that you get to keep. You shoot it up and stuff full of lead for $179.99. This includes, by the way, two participants for that. You get two range passes, and a gun rental is included for that. If you want to have some extra folks, you can have two extras for just 25 bucks extra to have this great, wonderful day at the range. Shooting up this turkey for Thanksgiving. And what a blast these ballistic gelatin targets are. Really, really fun to shoot up. Trust me, you will love it. So, check out WeShoot. They have phenomenal training, a great facility, and really great people. It is a great resource. And I’m not just saying that. I personally go there and can endorse it. So, check out weshootusa.com.

Evan Nappen 26:24

Now, let’s take a look at another great letter here. This is from Shloime and Shloime says, I know you cannot go into a private school with a firearm. However, what about dropping off my kids in school on the school parking lot line? Would that be okay or not? Thank you so much for everything you’re doing for our community. Well, the problem with schools is it’s not just a sensitive place under the Carry Killer law. It’s also a prohibited place and has been under 39-5, which has been our classic prohibition for a while. You can’t have a firearm even on the school property, even if they’re cased and unloaded. So, you cannot take your gun on the school property, unlike other sensitive places, where it’s simply a sensitive place restriction where you can secure the firearm, cased and unloaded in that lockbox, as we’ve discussed on other shows. But that doesn’t get around it, necessarily, for school property. Because there’s that separate state prohibition that was already on the books and has been for years, even before the Carry Killer Bill created an additional sensitive place prohibition. My advice is do not bring a firearm on school property, period. So, that is the answer to that one.

Evan Nappen 28:10

Now, Rich sent me an email here, a nice question. Rich says, or is it a question? Oh, let’s see what it says. I just wanted to pass on that I ordered and received your 25th Anniversary New Jersey Gun Law book. Great book to browse through and highlight the areas of concern that apply to me. I’ve gone through the updates on the portal and made annotations in the book to reference those updates. Anyway, I just wanted to let you know that your book is a great resource. Also, your podcasts are an excellent resource for information as well. I listen weekly. Thanks for your passion and calling to help out the 2A community Hey, guess what? No question. But, Rich, thank you. I really appreciate hearing that from folks. It’s why I do this. It truly is why I do this. It is what I believe in. I want all of you to be safe and not become victims of New Jersey gun laws or any other gun laws. I want you to be safe and be Page – 7 – of 9

able to protect yourself and your loved ones. And to exercise our Second Amendment rights as intended. So, I’m happy to help, and I’m glad, Rich, that you appreciate it. And I appreciate you.

Evan Nappen 29:28

By the way, the book that we’re talking about, I will now shamelessly promote my book what a great segue. The book is New Jersey Gun Law. It’s the book that Rich was talking about. It’s over 500 pages, and it has 120 topics in a question and answer format. You must have this book. It’s the Bible of New Jersey Gun Law. It’s the resource on New Jersey Gun Law. Not only is it going to help you understand, but also, as Rick even pointed out, he got the annotations. He had his book annotated by what? The updates. Do you know how you get those updates? It’s a special great feature of the book, and it’s 100% free. When you get the book, just scan the QR code on the front, you’ll go right to my Subscriber Portal and subscribe. It’s free. Within about 24 hours of any gun law change, any significant change in legislation, case law, or Attorney General opinion, I’m sending out that update by email, so you know. The updates are there in the portal, and you can download the updates. You can access any of the old updates. They are all numbered updates. So, this way, that book stays current, and you stay current. It’s the only way to remain absolutely current, so you don’t become a victim of New Jersey gun laws. Go to EvanNappen.com and get your copy today. You’ll be glad you did.

Evan Nappen 31:00

Hey, here’s a letter from Daniel. Daniel says, with all the new laws being enacted, I was wondering if I’m able to own a gun again. My husband has a previous record in Pennsylvania. I know you need more information to provide an answer. I was wondering if you had any shows or podcasts that talked about similar situations? Or knew of any publications that I could read on the subject. Well, thank you, Daniel, and let me tell you, that’s an important subject. We call that rights restoration, and it’s a very big part of what my law practice is doing rights restoration. So, various jurisdictions have various ways to get rights restored. In New Jersey, if you have a criminal conviction, you can get an expungement possibly. In Pennsylvania, there may be other mechanisms of relief that you could explore. The idea here is to get your rights restored. Or in this case, your husband’s rights restored, so that he no longer has a disqualifier for gun possession. In our office, we do restoration of rights not only for criminal matters, but also for mental health records. In New Jersey, if you’ve had a voluntary or involuntary commitment, either one, voluntary or involuntary, now, you have to get a mental health expungement. That’s the only way to restore your rights is by a mental health expungement. Now, as part of the Carry Killer law, if you have an old restraining order, we can do motions to get rid of that. If you have juvenile offenses, we can do a juvenile expungement. There are many ways to get rights restored. So, the thing to do is call me. I would love to speak with you or anybody that wants to get their rights restored. We love doing rights restoration because we’re making the person not only with a positive where they get rights back, but they become a gun owner, a fellow gun owner with a vested interest in our rights. So, yep, that’s what you need to look at – rights restoration. Give us a call to discuss your specific circumstance.

Evan Nappen 33:28

Here’s a letter from Doug. Doug says regarding transportation. Hello, Evan! When it comes to transportation of let’s say a second firearm (one that is on my list on file with the local PD) can it be transported, locked in my console vault, unloaded? Local PD said the lockbox is for storage at sensitive places, not transportation. I would believe I could have only one in there if I’m carrying the other one. Page – 8 – of 9

Any others would need to be transported following all of the transportation laws. Is that correct? Thank you, Doug. Well, Doug, let me tell you something. I made a deal a while ago with law enforcement. My deal is that if they don’t give legal advice, I promise not to arrest anybody. But that deal seems to have fallen through. Now, in this case, however, the law enforcement is actually correct. Yes, even a blind squirrel finds a nut now and then. Unfortunately, they’re correct. And here’s why though. Here’s the specifics so you understand what’s going on. The law requires that if you’re going to carry your firearm, it has to be concealed on your person, concealed on your person. If it’s not concealed on your person and you’re putting it in a lockbox and you’re trying to fit under the exemption concerning sensitive places, you need to be exercising the sensitive place exemption because you’re in that sensitive place parking lot.

Evan Nappen 35:12

But if you’re not doing that, then the lockbox isn’t relevant to the sensitive place exemption anymore. You’re just transporting a gun in a lockbox. Well, the only way you can do that, because your carry permit requires you to carry concealed on your person, is if you’re within the 39-6 exemptions. So, if you’re going to the target range or if you’re going between your home and place of business or if you’re going hunting, but if you’re not within the exemptions, in the case, an unloaded thing doesn’t cut it. And here, they would be right, unfortunately. If you want to have two guns, carry them on your person concealed, not in a lockbox. I know that’s crazy, but it is actually how the law functions. Keep in mind that you can’t carry more than two firearms, but you can carry two. That’s why many folks carry two. They carry a backup. So, carry that backup concealed on your person in the proper holster. Not in a lockbox even unloaded in your car, unless you’re under the specific 39-6 exemptions as to the places that you’re traveling to.

Evan Nappen 36:42

Okay, here’s a question from Elliot. Elliot says, hello, Mr. Nappen. I listen regularly to your very important podcasts and wanted to ask you a question about the qualifications for the New Jersey Permit to Carry. Since New Jersey considers an air gun to be a firearm, can a person use an air gun (pistol or revolver) to qualify? Thank you for all you do for the 2A community. Well, here’s another one of those intriguing questions. But the answer to that is technically yes. Technically, yes. Believe it or not, an air gun is a firearm. New Jersey views it as such. An air gun that you fire with one hand is a handgun. So, if you qualify with an air pistol, it’s still a firearm, and you can qualify with an air pistol. You’re going to have to be able to do the reload for the core competency, and you’re going to have to be able to shoot that air pistol at that max distance eventually, at 15 yards. You’re going to have to put that ammo in that Q target at 15 yards. But if you have an air gun and it’s an air pistol that does that, then absolutely there’s no reason that it could not qualify you for core competency. Then you could carry any other gun that you lawfully have if you put it on the form as a gun you intend to carry. So, in theory, you could in fact qualify with a Crossman air pistol. A Crossman BB gun, if you will, a Crossman BB pistol. And if you qualify with that Crossman BB pistol, you could then proceed to carry a Smith and Wesson 500 Magnum if you chose to. Because what is tested is core competency. It’s not certification per gun. But thank you for that. Very interesting question. Thank you for all those questions. Page – 9 – of 9

Evan Nappen 38:52

Hey, let’s talk about the gun owner fuckup of the week. This is where I don’t want you to have this problem. These are actual real problems that clients have and get them calling me to help them. When I hear about it, I want to tell my audience, so you don’t make the same mistake. Here’s the bottom line for this one today. When you go to a public toilet, do not remove your gun from your holster. I cannot tell you how many times I’ve had clients forget their gun in the bathroom. It is way more common than you think. The preferred method is this. When you go to the bathroom, pull down your pants and flip your underwear over the gun. So, the elastic goes right around that gun and the holster. Do what you got to do and then put your pants back on. Do not remove the gun from your holster, because it is very common to end up leaving it in the bathroom. You don’t want to leave your gun accidentally anywhere. When you keep it in the holster, your odds of forgetting it are very seriously diminished.

Evan Nappen 40:23

If you are a person who carries a gun in a purse, now purse carry has to be concealed on your person, but there are some purses that allow for the on-person carry, depending on how you rig the purse. Or if you’re in a jurisdiction that doesn’t have a problem with purse carry, do not take your purse and hang it on the door of the public bathroom. Even if you don’t have a gun, you shouldn’t do that. Because it has been known for individuals to reach over the door when you’re in a rather vulnerable state I might add and grab the purse and run. Now I know of an actual case where a woman was at a public bathroom that was a major department store in the mall. Somebody reached over and snatched her purse off the hook on the bathroom door. Of course, by the time she could open the door and try to catch the person, they were long gone. So, she went to security for the store and told them all about this and her purse being stolen. Well, later that afternoon, she got a call from security that they had recovered her purse and to come down and pick it up. She was very happy about that. But when she came down to pick up her purse, security had no idea what she was talking about. When she got home, her home had been robbed. That’s right, because in the purse were her keys. And that was the follow up to the purse theft. So, folks, don’t hang your purse whether you have a gun or not on the stall door. As a gun owner, keep your gun in its holster, even when you go into a bathroom so that you will not forget it. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 42:41

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 HostEvan 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.

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