Episode 175-The Glock 43X Hidden Nightmare 
Also Available OnPodcast TranscriptGun Lawyer Episode 175

SUMMARY KEYWORDS

new jersey, voluntary surrender, gun, glock, magazine, state, firearm, mandating, nra, technology, registration, firing pin, guns, law, large capacity magazine, unlawful possession, holds, great, lakewood, surrender

SPEAKERS

Speaker 3, Evan Nappen

Evan Nappen 00:16

Hi, I’m Evan Nappen, and welcome to Gun Lawyer. Well, I have some important information for gun owners that own Glock 43X pistols. Now the Glock 43X pistol is a 9 mm Glock handgun, and it’s very popular in states like New Jersey because it is a compact slimline frame. And it has, supposedly, a 10 round magazine capacity. New Jersey has a magazine prohibition for any magazine over 10 rounds, and New Jersey is not the only state that has the 10 round limitation. A number of states are denying individuals their Second Amendment rights by limiting how many rounds they can have. The states have arbitrarily determined how many rounds your life is worth, and New Jersey is one of them. So, 10 rounds is the limit in New Jersey.

Evan Nappen 01:42

The reason I am mentioning the Glock 43X is because it has come to my attention, and I’ve in fact confirmed it with Glock, that the 43X Glock pistol magazines, specifically those manufactured prior to September 2023, can hold 11 rounds. That’s right eleven. In case you need a little help, that is more than 10. Any magazine in New Jersey that holds more than 10 is prohibited under Murphy’s standard capacity magazine ban. It is a felony level offense to possess a magazine that holds over 10 rounds. Now the Glock magazine, down the back of the magazine, of course, numbers one to 10, and Glock sold it as a 10 round mag. Thousands of individuals have purchased the gun with the mag as a 10 round mag. But nonetheless, you can squeeze in an 11th round. Although it is tight, it will take it, and the gun will function.

Evan Nappen 03:19

This was verified. I called Glock about it and got their technical guys. They said yes, in September 2023 there abouts, they modified and fixed their magazine so that it truly only holds 10. So, they actually did change the magazine because they recognized that it could hold 11. Something about the springs or some technical thing, but they changed it so that the newer Glock 43X magazines supposedly strictly only hold 10. But if you purchased your gun prior to September 2023 or maybe even after September, but it was an older gun that was prior to when Glock initiated their product changes, you have a magazine that is essentially a felony level offense in your possession and what you’re looking at is up to 10 years in State Prison in New Jersey for your possession.

Evan Nappen 04:30

A ‘large capacity magazine’ is specifically defined as a box, drum, tube or other container which is capable of holding more than 10 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. Under N.J.S. 2C:39-3, subsection j., it says, any person who knowingly has in his possession a large capacity magazine is guilty of a crime of the fourth degree. Fourth degree is up to 18 months in State Prison for possessing it. It doesn’t matter what the magazine says it holds. What matters is what it actually holds. So, if you have a Glock 43X, I’d strongly suggest checking to see if your magazine holds more than 10. Because if so, you have a problem. As a matter of fact, you need to make sure that any magazines you have don’t hold more than 10. But apparently, the Glock 43X has this as an understood issue.

Evan Nappen 05:46

Now, let me tell you, it doesn’t just end with possession. Because I’m sure some of you are saying what can I do about it? Well, let me tell you. New Jersey also has a statute under N.J.S. 2C:39-9. subsection h., and it says, get ready for this, folks. Large capacity ammunition magazines. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine . . . is guilty of a crime the fourth degree. So, not only is it unlawful for you to possess the magazine, but it’s also unlawful for you to transport the magazine. It’s also unlawful for you to ship the magazine, such as back to Glock. See what I’m saying. It’s also unlawful for you to sell it. It’s also unlawful for you to get rid of it because you can’t dispose of it. If you destroy it, that’s arguably destroying evidence. So, they don’t leave you with much option, do they?

Evan Nappen 07:00

In New Jersey when they banned all of this, you ended up with a magazine that is prohibited. It can not only turn you into a felon, essentially losing your gun rights and having a per se disqualifier by having that conviction, but also you are facing substantial State Prison time for it. Now, it does not only apply to New Jersey. There are other states that have 10 round bans as well. So, if you are in any of those states listening to Gun Lawyer, you better be careful and beware as well. Because this is a serious problem, and I know what you’re asking and thinking. Okay, if I have one of these, what do I do? What can I do? You just made it clear, Evan, that I can’t possess it. I can’t get rid of it. I can’t transport it. What do I do? Well, the only thing arguably out there that you can do, legally speaking, is found under N.J.S. 2C:39-12, which is a voluntary surrender. New Jersey does have a provision that allows for voluntary surrender so you can get immunity.

Evan Nappen 08:21

And what voluntary surrender says under N.J.S. 2C:39-12 is, “No person shall be convicted of an offense under this chapter for possessing any firearms, weapons destructive devices, large capacity ammunition magazines . . .” So, mags are actually included in the voluntary surrender statute. “. . .silencers or explosives, if after giving written notice of his intention to do so, including the proposed date and time of surrender, he voluntarily surrendered the weapon, device, instrument or substance in question to the superintendent or to the chief of police in the municipality in which he resides, provided that the required notice is received by the superintendent or chief police before any charges have been made or complaints filed against such person for the unlawful possession of the weapon, device, instrument or substance in question and before any investigation has been commenced by any law enforcement agency concerning the unlawful possession. Nothing in this section shall be construed as granting immunity from prosecution for any crime or offence except that of unlawful possession of such weapons, devices, instruments or substances surrendered as herein provided.”

Evan Nappen 09:39

Now, of course, that creates a problem. Because if you’re sending the notice that you’re going to surrender and you’re going to do the voluntary surrender and you follow along with that, how do you get it to the chief of police or the superintendent without transporting it? Transport is a separate offense under 2C:39-9, as opposed to possession, which is the offense found under 2C:39-3. It doesn’t explain that. It also doesn’t explain how voluntary surrender isn’t a disposition. But I’m assuming that, if you’re voluntarily surrendering it, built into the understanding of this statute is that you had to get it there and you have to dispose of it. Therefore, transport it and turn it in.

Evan Nappen 10:36

In my experience with voluntary surrender where we’ve done that on various items, I’ve never had anybody charged with the other offenses that relate to the possession such as transport or disposal, etc. But you can still be prosecuted for sure if the magazine is somehow related to some other crime. That’s for sure. So, if you robbed a 7-11, with your large capacity magazine, you don’t get immunity for that if you surrender the magazine, obviously. But this is the only solution at all, and it’s not a perfect one. There are still risks involved in exercising voluntary surrender. But, across the board, even from, unfortunately, the unknowing sale of the magazine to you by the dealer. I mean, this is just a mess.

Evan Nappen 11:41

When a manufacturer does not properly make their product, it can have criminal ramifications on individuals. New Jersey, really, is not too sympathetic to gun owners. I mean, sure, here, there’s a lot of mitigation. You didn’t know it. It was marketed as a 10 round mag. That’s what you thought it was, and it’s what the dealer thought it was. It’s what everybody thought it was, but it wasn’t. I think those are really great arguments to make. But if they want to bust your balls, you know they will. So, beware, and be careful.

Evan Nappen 12:22

But at least you’re alerted to this issue with the Glock 43X magazine. If you can get your hands on new ones that only hold strictly the 10 rounds, then that, of course, would be the magazine you’d want to have. Your gun is not prohibited. Just the magazine is prohibited. This has not been put out there in the ether. I didn’t see any announcements about this anywhere else, but I’m telling you. Like I said, I confirmed with Glock the product change that had to be done. So, beware. Don’t end up inadvertently causing all kinds of trouble and ending up with a GOFU on your hands from a Glock 43X magazine.

Evan Nappen 13:20

Hey, let me tell you about WeShoot. The reason I want to mention WeShoot is because this podcast is really important. I’m able to get great information out and warn my listeners about the dangers so you don’t become wrapped up in the criminal injustice system. Additionally, we see these other media outlets giving a hard time, and WeShoot has been given a hard time by Fascistsbook. Some of you may call it Facebook, but I prefer to call them Fascistbook because that’s how they act when it comes to the First Amendment. They tried to close down and shut down WeShoot’s great Facebook page even though WeShoot is 100% within the guidelines. The very guidelines from Meta or Fascistbook’s web page where they spell out the rules.

Evan Nappen 14:31

The rules say very carefully when you cannot post things regarding firearms, such as attempts to buy, sell, or trade firearms, firearm parts, ammunition explosives, lethal enhancements, except when posted by a Page, a Group or Instagram profile representing legitimate brick-and-mortar entities, including retail businesses, websites, brands or government agencies or a private individual sharing content on behalf of legitimate brick-and-mortar entities. Well, that’s exactly what WeShoot is. But does that stop Fascistsbook from shutting them down and trying to stop you from learning about WeShoot and visiting their page? No, and it is outrageous. This is what we’re dealing with when we deal with these mega companies that are controlling speech and attempting to do so.

Evan Nappen 15:31

Now the good news is that, in fact, they were able to get a new arrangement with Facebook. Facebook finally, again, allowed them to post. If you want to see the beautiful photography and everything about WeShoot, go to their new Facebook page, which is WESHOOT.LKWD . Obviously, that’s short for Lakewood because they are located in the fine town of Lakewood, which is very accessible from the Parkway. Or search on FB for WESHOOT LAKEWOOD NJ. They’re a great resource. They’re a great range with fantastic training. That’s where I got my training, my brother got his training, and my son got his training. We all got our certificates so we could get our carry permits.

Evan Nappen 16:38

In fact, I got my carry, and I am happy to say that it went very smoothly. Actually, I’ll give a shout out to the State Police who did an excellent job. I’m impressed how far we have come. The State Police are professional, and they have done a really good job here. We have shall issue carry now in Jersey, and it is really something to be able to say that and have a carry. Of course, Murphy and company have tried to do everything they can to make our carry permit worthless, worthless by limiting where we can carry. But the state Association has been aggressively litigating that. We’ll talk about state Association in a moment.

Evan Nappen 17:27

So, WeShoot’s new Facebook page is WESHOOT.LKWD. Check it out and click follow. Their Instagram handle is @weshoot_experience. You can check out WeShoot and find out all about their great service and their great range. They treat you like family. Absolutely check out WeShoot at their new FB Page, WESHOOT.LKWD. Give them your support as we battle, not just for Second Amendment rights, but also for our First Amendment rights, as well, as they try to shut us down and shut us up. We have to fight back and show our support.

Evan Nappen 18:11

Now speaking of the Association, the Association of New Jersey Rifle & Pistol Clubs is our advocate in New Jersey. They are standing on guard, right up front, in the legislature protecting our rights. They also are absolutely making phenomenal progress litigating against the absurd gun laws in New Jersey, including the assault firearm ban, so-called assault firearm, it really is a modern sporting rifle ban. And the standard capacity magazine ban which we know legally they actually call a large capacity magazine. Oh, it’s so large. It might be 11 rounds instead of 10. So, that’s going on and hopefully we’ll see the death of those absurd laws that only affect law-abiding citizens. But until then, you have to be careful that you don’t become a victim of New Jersey gun laws. You don’t want to be a GOFU that’s for sure. So, be careful. The Association can help you not get into trouble and can help you fight for our rights. They are the group that you really need to belong to. You need to be a member to be part of the solution.

Evan Nappen 19:39

Now the state Association has endorsed their leader, Scott Bach, for the NRA Board. Scott Bach is also a friend of mine for many, many years. He is a high integrity guy, and he has done great work. Look how far New Jersey has come in this huge fight that we’ve had over all these years, and Scott has steered the ship of the state Association so well. It’s been able to accomplish amazing things under the most dire circumstances. Scott has been critical in helping to get attention, money, funding, all kinds of great efforts done in New Jersey through his position on the NRA Board and as the Executive Director of the Association. So, if you’re an NRA member, you will see that the ballot has come in. Please vote for Scott Bach. He will protect our interests in New Jersey as he has done for years, and he has high integrity.

Evan Nappen 20:52

We all know NRA has had problems and has been in the news. Scott is not involved in those problems for which individuals have been prosecuted, etc. civilly gone after, not criminally, but civilly. You’ll see that now more than ever with the changes that have taken place at NRA, in large part because of what happened in New York. Now more than ever, we need someone there for New Jersey, such as Scott Bach, looking out for our interest and helping to get NRA back on track. Back to its original status as the premier gun rights and civil rights organization in the country. And to get beyond this sad experience that has been going on. So, make sure on your NRA ballot, if you’re a voting member, to vote for Scott Bach and help keep him in a position to keep fighting for our rights and for New Jersey.

Evan Nappen 22:12

Of course, let me now take a moment to shamelessly plug my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law. It’s used by the New Jersey State Police Firearms Unit even. I confirmed that myself while speaking with them. It’s used by attorneys, judges and more importantly, used by everyday gun owners so that they can navigate the extraordinarily complex area of New Jersey gun laws. It’s a book that is over 500 pages and has 120 topics. I did it in a question and answer format to make it very user friendly. It’s a labor of love, folks in the 25th Anniversary Edition. You can go to EvanNappen.com. That’s my website, EvanNappen.com. Strangely, it has my name. I don’t know how that happened. But it’s EvanNappen.com. You can order the big orange book there, and you’ll be glad you did. On the front cover there’s a QR code. Scan that code so that you will, for free, how many things are free, right? This is absolutely free. A subscriber database 100% free. You get the new updates, the law updates, and you get access to the archives for any previous updates and postings and attorney general opinions. All that great stuff. All free. The book stays current. So, order your copy today.

Evan Nappen 23:39

Now let me tell you about an announcement from the New Jersey Attorney General. (https://www.njoag.gov/ag-platkin-finds-microstamping-technology-viable-for-use-in-commercial-firearms-following-live-fire-testing/) They’re so proud to announce that, based on both live-fire testing results and existing peer-reviewed studies, microstamping technology is a viable means of matching an expended cartridge case to the weapon from which it was discharged. Isn’t this amazing? Now they have microstamping technology. Why does this matter? Why is it so important? What is really going on here?

Evan Nappen 24:23

Well, first of all, what is microstamping? Boy, that sounds so cool. Microstamping. What microstamping does is it enables a firearm so it has unique markings engraved on the firing pin. And every time it’s fired, the expended cases have this marking so you can match the cartridge case to the gun that was used when they find the spent shells at the crime scene. Isn’t that awesome? It’s not like they can’t do it anyway. But hey, this now is going to positively ID with that firing pin marking because of the shell casings left there. Hopefully nobody ever uses a revolver, which doesn’t leave shell casings. Oh, and how does it work? It works with a firing pin. The firing pin puts that old stamper Roo right on there. Remember, we had that microstamping word competition? What fun things we want to have listed on our stamp. Well, here it is. Of course, microstamping with a firing pin, I mean, nobody could ever change a firing pin in a gun. Huh, how do you do that? I don’t know. Yeah, right. That’s real hard, real hard to do.

Evan Nappen 25:52

So, what’s really going on here, folks? Well, what’s really going on is with this technology out there, they’re now asking for the industry to adopt the microstamping technology. This technology gives law enforcement an innovative tool to identify crime guns and bring perpetrators to justice. Bring those perpetrators to justice. Now they have this certified technology, and it is viable. The Attorney General’s urging manufacturers to adopt microstamping technology in their production facilities and apply for placement on New Jersey’s microstamping enabled firearms roster. Doot ta do! Get on Jersey’s roster. Why get on Jersey’s roster? Because New Jersey’s microstamping law says that once those guns are on the roster, every retail dealer has to have at least one of those magical firearms to sell to the public. It mandates every dealer to have at least one.

Evan Nappen 27:03

Now, why in the hell would anyone want one of these? I have no clue. Nobody’s going to want these. Why would you want that? So that someone can pick up your brass at the range and have it ID’d to you by a microstamp? Is that why you want it? Or do you want it so that you can maybe claim your brass at the range? Hey, that’s my brass. It’s microstamped to me. Hand it over. I don’t know who wants this. Who wants to know? I’ll tell you why they want it. They want it because by mandating microstamping and mandating that every dealer sell it, even though nobody wants this product. Because if you wanted it, they’d be selling it already. It’s called supply and demand, the American way. Consumer demand, but guess what? It’s not there. Not there at all. Nobody wants this piece of garbage.

Evan Nappen 27:57

But New Jersey wants it. New Jersey wants it because they want to make every dealer have it so that it’s out there. So, once it’s out there and the roster has these guns on it, they can mandate that the only gun you can have is a microstamping-enabled firearm. That’s right. You say? Oh, well, why do you think they’ll do that? I’ll tell you. I know for a fact they will do it. How do I know this? Smart gun law. Good ole Loretta Weinberg. (New Jersey Childproof Handgun Law 2002) Her original smart gun law mandated it as the only gun you could have. The only gun would be a smart gun once the technology was established. That’d be it. And lo and behold, nobody developed it. Because nobody wanted to be that person or that company with that stigma, wiping out all ability to have other handguns in Jersey. That was the finest best progun, anti-gun law ever passed. It laid out their plans by having mandated smart gun technology.

Evan Nappen 29:05

So, what did New Jersey do? Under Murphy, they repealed that smart gun law, and then created this other smart gun law that said, oh, once the technology is out there for smart guns, dealers will be required to sell them and have them, but we’re not mandating it on the public. They did the same thing with microstamping now. We’re not mandating it on the public. We just require dealers to offer this fine product for sale to gun owners, of which nobody wants this. And why is that? Because the next step, my friends, the next step is mandating that every gun have microstamping technology and that every gun have smart gun technology. This is what their game is.

Evan Nappen 29:58

And what is microstamping in reality? Severe gun registration. That’s what it is. It identifies the make, the model, the gun, etc., and guess what? Registered to who? In this way they get their registration lists going even stronger and have the guns linked. Of course, it’s silly in what they’re saying about it being anything to do with stopping crime. That’s just a joke. However, I’m sure that bad guys, those evil doers, will find microstamping very useful, especially when they break the law which evil doers do. Murderers and killers break the law, right? They don’t care about gun laws. Because it would be illegal to remove the microstamping technology. It’s actually illegal to do that. I’m sure that law will have great effect on a person bent on murdering somebody.

Evan Nappen 31:07

So, let’s say this evil doer switches out the firing pin with a microstamp, commits the evil deed with the firearm, and then switches back to the pin with the microstamping in it. When the police find the gun and they check it, and oh, this is a microstamp technology gun. The casings found at the scene don’t have microstamps. They don’t match this gun. Oh my, this must not be the killer. In other words, it gets used in exactly the opposite way of their grandiose claims. And of course, if you don’t like microstamping technology, all it takes is a $2 file and the microstamping goes away anyway, right? The whole thing’s stupid. But changing the firing pin is even easier. Anyone can do that. I mean, where’s this going? where’s this going? It’s absurd.

Evan Nappen 32:12

So, what we have to do now is not buy a single one of these guns on the roster. Once it is out there, the commercial failure of it should help to limit the production and the eventual imposition of their plan to make it the only gun you can have. It clearly is what they’re up to. Don’t fall for it. They’re proud to announce that they’re marching forward with their plan by identifying this viable technology. Don’t fall for their games, folks. Be very, very careful.

Evan Nappen 33:01

Because that would be this week’s GOFU. The GOFU, which is one of the most popular segments on the show, the Gun Owner Fuck Up. That’s right. Where you can learn very cheaply a very expensive lessons that somebody else has learned. This GOFU ties right into gun registration, folks. New Jersey has voluntary registration of guns. You can voluntarily register your guns, if you wish. There’s no reason on earth to do that. It’s that simple. If you voluntarily register your guns, well, first of all, why are they not registered? And to do so, you have to mention where you got it, how you got it, and the whole bit. So, voluntary registration is just that voluntary. Then what it is is self-incrimination. After your “voluntary registration”, you can be prosecuted very voluntarily by the State. So, you don’t want to get on databases run by the State concerning guns. You don’t want microstamp-enabled guns.

Evan Nappen 34:28

We have to fight registration. Registration leads to confiscation and worse. The anti-gun plan is plain to see. Just open your eyes. When they find out who’s got the guns and get them all identified, eventually it will be roundup day. You know they’re going to do it. So, voluntary registration has proven, time and time again, to not be wise. In fact, to be a GOFU because the registration itself now subjects you to greater scrutiny and harm and the potential inadvertence of creating even more legal problems for yourself. So, folks, anytime anything wants any form of gun registration, you must do everything you can to not comply within the law. Voluntary registration is just that- voluntary. Since it’s voluntary, don’t volunteer. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 36:01

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.

Downloadable PDF TranscriptGun Lawyer S3 E175_Transcript
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.

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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