Episode 190-Gun Unsafety Groups
Also Available OnPodcast TranscriptGun Lawyer Episode 190

SUMMARY KEYWORDS

gun, firearm, new jersey, law, rifle, put, safety, immediate family members, dealer, folks, rights, transfer, muzzleloader, mikey, guns, disclose, lieutenant colonel, switchblade, idf, state

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:00

Hi. I’m Evan Nappen, and welcome to Gun Lawyer. So, these anti-gun groups, the entire anti-gun propaganda movement, no longer go forward saying they’re anti-gun. They don’t say they want to take away the Second Amendment, even though they do. In fact, they’re going to have to push that, given the trifecta of wins in the Supreme Court. But what they try to put out there to soft sell their radical anti- rights agenda is gun safety. We just want gun safety laws. Gun safety. I mean, they don’t know jack about gun safety. They think any gun law that takes away gun rights is somehow enhancing gun safety. But that’s not what gun safety is about. Gun Safety is about the safe handling of firearms. Not the banning of firearms. Not taking away our rights to possess guns and defend ourselves and carry guns and to do all those things lawfully. That has nothing to do with gun safety. So, they don’t actually do training courses. They don’t actually put forward materials on gun safety, but this is what they promote. They call it gun safety, and then sell their destruction of our rights under that banner. Then their cohorts in the media will run with it and say, oh, a Gun Safety Group wants to do this or that.

Evan Nappen 02:00

So, this I found particularly rich and delightful. And that was what happened in Maine. Now this is from an article written by Dean Weingarten, who’s one of my favorite gun writers. You can find him on AmmoLand. His articles are always excellent. I always love what Dean writes, and I’m a big fan of Dean Weingarten. So, if you want to read his stuff, and I would strongly recommend that you do, subscribe to AmmoLand Shooting Sports News. (https://www.ammoland.com/) Every day they will send you a news feed of the top gun stories, and a lot of it is original material from great writers. Dean is one of them. In this article, it’s entitled “Gun Control Group has Negligent Discharge at Police Station.” (https://www.ammoland.com/2024/06/gun-control-group-has-negligent-discharge-at-police- station/#axzz8dEjicRrE) This is just hilarious. Luckily, no one was injured or wouldn’t be so funny.

Evan Nappen 03:13

But this anti-gun organization known as Humanium Metal, I’m not kidding, this is their libtard name for their group. Humanium Metal was destroying firearms at a Maine Police Department at Old Orchard Beach. The firearms were collected as part of a push by a disarmament group, an anti-2A disarmament group, called, ready for this, folks? The Maine Gun Safety Coalition. Of course, they put gun safety in their name. They’re out to get our rights, take them away, etc. So, the Maine Gun Safety Coalition, while in the process of destruction, one of the firearms discharged! That’s right. So much for gun safety

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for the Maine Gun Safety Coalition. Not that they actually do anything about or even know anything about Gun Safety. They’re just the Gun Safety Coalition so they can sell us their garbage in taking away all right. So, what happened was this. The Humanium Metal organization was working with the Maine Gun Safety Coalition, which is basically the Maine anti-gun coalition, and they were destroying firearms (collected by local Maine police departments). Folks who turned in their guns and wanted to have a safe disposal, safe disposal. Apparently, the Humanium Metal group doesn’t know what the hell they’re doing, because a muzzleloading firearm that was turned in for destruction, that they had to destruct, discharged!

Evan Nappen 05:13

So, what they do is they use a chop saw in destroying perfectly fine firearms, somehow thinking they’re doing good by doing this. On one hand, they are doing good by doing it because the less used guns there are, it means more new guns get sold by manufacturers and dealers. It does, in that regard at least, help the firearms business in America. I mean, on the other hand, it’s sad to see any gun destroyed. It’s kind of like the effect after the war, when America dumped its surplus jeeps and all kinds of army surplus into the ocean or otherwise destroyed it so they wouldn’t ruin the business of manufacturing. They didn’t want to harm that. So, they got rid of all this fine equipment, so that manufacturers could continue to do business and make money. So, I guess, inadvertently, they’re aiding the gun industry. And for that, I’m glad. But, of course, their approach is to make this political statement, and they use the cover of gun safety.

Evan Nappen 06:23

You know, when you have a muzzleloader, the charge in a muzzleloader is black powder. Those of you who know, if you don’t shoot your muzzleloader, the charge remains in the gun. There are even devices made using gas, like co2 or other propellants, that you can blow out a charge you haven’t used. Otherwise, you may have to use a rod with a screw on the end of it. You know, those screw jagged deals, so you can pull out the lead ball. It’s kind of a pain, but that’s another way. There are other ways. Even if you have a charge in the muzzleloader, if you don’t have a flint or a percussion cap in it, then it won’t normally fire if you pull the hammer because there’s no way to initiate the charge. But here, whoever had this muzzleloader, didn’t bother to check it. As many of you know, when you have a muzzleloader, you take out the ramrod, and you drop the ramrod down the barrel and see if it goes all the way to the breech block. If the ramrod doesn’t go to the breech block, that is a good indication that the muzzleloader has a charge in it.

Evan Nappen 07:46

Apparently, the Maine Gun Safety Coalition doesn’t know about safety with firearms and muzzleloaders. When they took the chop saw, it says here, I’m quoting from the AmmoLand article, Old Orchard Beach Police Department press release, “As one of the firearms was being cut the weapon discharged expelling around through the barrel. The round was found to have struck two unoccupied vehicles within the parking lot. Through initial investigation the involved weapon was identified as a muzzle loader style rifle. It was determined that the heat from the cutting tool ignited gun powder still left within the barrel which discharged the round.” So much for their fraud of gun safety. Anytime you hear those words about some group pushing “gun safety”, immediately ask yourself, Is this just an anti- gun group using the cover of gun safety to sell their garbage and their destruction of our rights? Or is it

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a bona fide organization that actually promotes gun safety, trains people in gun safety, teaches gun safety, and is themselves familiar with gun safety. So, don’t fall for that trap.

Evan Nappen 09:15

Interestingly, just switching gears, Knife Rights, the national group that fights for our knife rights. (https://kniferights.org/) Remember the Second Amendment isn’t the right to keep and bear guns. It’s the right to keep and bear arms, and knives are arms. Well, Knife Rights has been fighting a challenge to the Federal Switchblade Act (FSA). We’ve talked about it on the show before. They brought it on Second Amendment grounds, and they filed it in the U.S. District Court for the Northern District of Texas. That’s where they started the lawsuit, and I’ve never seen anything like it before. It’s actually bizarre. As Doug Ritter, who’s been on the show, said, “sometimes, an unexpected setback can actually create a win of sorts, but that’s not the end of it by a long shot.” So, what the court did here is really strange. The Knife Rights challenge was dismissed by the Court because the U.S. Attorney General and the Department of Justice declared that they do not enforce the Federal Switchblade Act, and haven’t done so since 2010, and that the Act is dying, obsolescent, moribund, a statute with no credible threat of future enforcement. (https://kniferights.org/legislative-update/court-opines-feds-wont- enforce-the-fsa-and-dismisses-knife-rights-case/)

Evan Nappen 11:05

Can you believe this? The reason they dismissed a Second Amendment challenge to a standing Federal law is because they’re saying, hey, look, we don’t really enforce it and haven’t enforced it since 2010. Therefore, your Second Amendment challenge is mooted out here. I mean, that’s just astounding. The law is still on the books, and it still can be prosecuted at any time. I tell you, if anybody gets charged with the Federal Switchblade Act, you need to tell the prosecutor that you guys don’t enforce this anymore. So, you better drop the charges against me. Because in pleadings to the U.S. District Court, the U.S. Attorney General and Department of Justice said they don’t enforce it anymore.

Evan Nappen 11:58

So, you know, I’ve had cases where this has been attempted. Now, I was able to win. I fought switchblade cases, etc. But let me tell you this, folks. I’ve never seen that argument as a reason to dismiss a Second Amendment challenge. A claim that a Federal law on the books, that’s been on the books since the 1950s, that has been enforced multiple times, but apparently, according to them, not since 2010. But it was surely enforced before that. I remember the Edge Company, they were one of the early ones selling automatic knives through the mail, and such. They came down on them like a ton of bricks. They’ve stopped imports, claiming you can’t import them because it’s a violation of the Federal Switchblade Act. They’ve hit major companies with fines and custom seizures, all kinds of enforcement.

Evan Nappen 12:58

But now, according to the U.S. Attorney General and Department of Justice, they don’t enforce it anymore. So, folks, there’s some good news. The Federal Switchblade Act is a moribund statute, dead, dying, with no credible threat of future enforcement. It’s incredible. I think the case will continue, however, and that the dismissal itself will be challenged. The FSA still needs to go. If it’s not enforced, repeal the damn law. Don’t leave it there as a law that can be selectively decided to be revived. I mean,

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look at the stuff that the Justice Department does by reviving and suddenly utilizing statutes 100 years old, that haven’t been used, and they try to use these statutes in their lawfare campaign against various individuals. They try to concoct these things. You see that, and this is something simply since 2010. So, we’re fine. We’re safe. Nothing to worry about. What a joke! So that is an interesting development and to be continued as we fight for knife, Liberty.

Evan Nappen 14:37

Now, last week’s show was just fantastic. I was just thrilled to have Lieutenant Colonel Mikey Hartman. His full name is Michael Hartman, Lieutenant Colonel (Ret.) Michael Hartman, but he goes by Mikey, believe it or not. We always hope that Mikey likes it. Because you don’t want Mikey not to like it. He was the top master sniper for the IDF (Israel Defense Forces), and he’s retired from that position. So, I wouldn’t want him upset with me. But he was just amazing and fantastic. He has just given us the real story about what’s going on in the Middle East. Of course, he has his course that I want to mention again. Mikey’s course is where you can actually learn the rifleman’s secrets of Israel’s elite. He wrote the entire firearms training program for the IDF, and now he is offering the course here in America. This is really a great program. If you use the magic word, remember, maybe you don’t remember, but Groucho Marx used to have, you know, the magic word. If you know the magic word, which is Gun Lawyer, you get $100 off his program. So, if you go to elitemarksman.com, EliteMarksman.com, you can find out all about his amazing program. He’s giving this information out about how built the shooting school at the IDF, and he’s trained over half a million soldiers. You can learn these tactics and techniques. The course is amazing. It’s over six hours of course materials, and it comes with IDF targets and all this great stuff. Mikey said it’s $100 off for Gun Lawyer listeners. Just use the special promo code Gun Lawyer.

Evan Nappen 16:58

Man, I’m just so honored to have had him on the show. But it doesn’t end there. Because our good friends at WeShoot have agreed to have Lieutenant Colonel Mikey Hartman come to WeShoot for a seminar. That’s on August 9, and it’ll be from 9am to 1pm at WeShoot. They’re collaborating with the Lakewood Scoop etc. It will be just incredible. So, that is a free seminar, and you can meet Lieutenant Colonel Mikey Hartman. This is a do not miss on Friday, August 9th. Go to weshootusa.com, that’s the website, and get set to attend that awesome seminar by this hero. Mikey is truly a hero. What he’s done in his career is, to this day, aiding in the fight against terror. He is to be credited enormously with his efforts in that fight by developing the firearm training. As he talked about on the show, folks, you need to be prepared here. Because remember Israel’s the little Satan, and we’re the big Satan. With all these folks that have come into our country, we don’t even know who they are, there is a ticking time bomb. So, check out WeShoot. It’s a fantastic indoor range in Lakewood. They have great facilities there. You can get your carry certificate, your CCARE to get your carry. They can set you up in their pro shop with your rig and your firearm. They also do rentals. Everything you could want is there, and it’s a great resource right there in Lakewood, New Jersey. So, check out weshootusa.com Don’t miss the Mikey Hartman seminar, which is Friday, August 9, at WeShoot, and check out EliteMarksman.com where you can get the training program and get instructed by Lieutenant Colonel Mikey Hartman. (Remember – the discount code is Gun Lawyer to save $100 off Mikey’s program.)

Evan Nappen 19:54

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Now I’ve received a number of great letters, and I love getting the Ask Evan letters I really do. Folks have sent me some really interesting things, and I want to go through some of these. I think you’ll get a kick out of them as well. Not to mention all the great responses we got to Lieutenant Colonel Mikey Hartman. Here’s just one I’m looking at now. This is from David. Love the episode with Michael Hartman. He trained some soldiers that I know. As Moses said to Joshua, “Be strong and resolute.” Well, thanks, David. I appreciate that, and I’m sure that the Lieutenant Colonel does as well.

Evan Nappen 20:46

So, we have our own, of course, special needs in New Jersey, because our rights are so under attack here. And for that, you need to be a member of the state Association. Every state has their official state association, that’s the NRA affiliate. The state Association’s job is to be an umbrella organization of all the gun clubs in the state, and they also have individual memberships. And that becomes our fighting unity under that umbrella. The Association of New Jersey Rifle & Pistol Clubs is our organization in New Jersey. If you care about your gun rights, and particularly if you’re in New Jersey, you need to be a member of the Association because they’re the ones fighting for yours. They are the folks that are in the courts, as we speak, litigating against the assault firearm ban, the large capacity magazine ban, and the Carry Killer law. All those obnoxious sensitive places and other restrictions on our ability to carry. They’re the ones doing that. They are also the ones that have a full-time paid lobbyist in Trenton, keeping a watchful eye on the shenanigans going on down there. They have a great newsletter, a hardcopy newsletter. They’ll send you the best gun newsletter in the state. You’ll get email alerts, and you’ll know that you are part of the solution. So, please join anjrpc.org. ANJRPC.org. Make sure you’re a member!

Evan Nappen 22:31

Also make sure you have my book, which is New Jersey Gun Law. It’s the 25th Anniversary Edition. It’s the Bible of New Jersey gun law. Every one of you needs to have it. It’s your guidebook through the treacherous waters of New Jersey. It’s over 120 topics in a question and answer format. I explain New Jersey gun law. Nobody else is out there that has this comprehensive instruction to try to explain this absurdity called New Jersey gun law. When you get the book, it will protect you so you can stay a law- abiding citizen because New Jersey likes to turn folks into law-abiding criminals. So, get the book, and when you get it, scan the front cover, that QR code, and you can sign up for the free archive of all the updates and other things that I’ve put in there. You can access them anytime for free. You will get notice of the law changes that I send out. As soon as we get results from these pending cases, I’ll be sending them out. If any statutes change or new Attorney General opinions are issued, I’ll let you know. This way your book stays current. So, get your copy of New Jersey Gun Law. Go to EvanNappen.com. It’s EvanNappen.com. That’s my name, and it’s a .com. You’ll see the orange book, click it and order the book. You’ll have it in a matter of days.

Evan Nappen 24:05

Now Scott writes a question, and it’s a question that I get often in multiple formats. It’s something that we really need to discuss here because I have basically two questions regarding the same thing. So, Scott writes, for example, great shows, Evan. I enjoyed the change of pace with the guest last week. Anyway, my mother and stepfather live in Virginia and have a Mossberg 930 that is “too much” for them to operate. I happen to own a .410 and live in New Jersey. Can we just trade to each other and call it a

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day? I see there’s a Certificate of Eligibility (COE) on the New Jersey State Police website but transfers between family members are exempt from FFL. Any ideas how this is done? I’ll explain in a moment, because I also have a question from Caleb. He says, Hi, Evan, I’m a big fan of the show and appreciate all you do to support 2A community. I purchased your book and frequently reference it to make sure I stay out of the “gun owner gulag”. Well, that is a smart thing to do. My question is in regard to inter- family transfers. Would you be able to explain the process to perform an inter-family transfer of a firearm, both handgun and long gun? My understanding is that it’s much easier than doing a normal person-to-person transfer, but with all New Jersey’s crazy gun laws that keep changing, I just want to make sure I don’t accidentally end up being the next GOFU. Thank you.

Evan Nappen 25:44

So, let me answer both questions at the same time by explaining this to you thoroughly. Scott’s question has a little bit of a twist to it, because Scott is asking about an inter-family transfer between non-residents. He’s asking regarding Virginia to New Jersey. Folks, when you deal with guns, we deal with two jurisdictions. We’re dealing with the Federal jurisdiction and the state jurisdiction. Under federal law, a non-resident cannot acquire from a resident of another state. So, a New Jersey resident cannot acquire a firearm from a Virginia resident, even if the resident is a family member. You also cannot gift a firearm to a non-resident. You can’t gift it. It has to go through a dealer, an FFL (Federal Firearm License) dealer for the interstate transfer, between folks of two different states.

Evan Nappen 27:07

Now, if you go to Virginia, you can go to a dealer in Virginia, and your relative can bring the gun to the dealer in Virginia. The dealer can then do the transfer of a long arm to right then and there, as long as you have your (New Jersey) Firearms Purchaser ID Card. The dealer obeys the laws of Virginia and New Jersey and does the transfer of a long arm. However, you cannot do a handgun. A handgun can only be transferred in your state of residency. But if it’s long arms, then that can be done by going through an FFL dealer. Now, if you don’t want to go to the other state, then the dealer in that state would have to ship the firearm to the dealer in New Jersey. That’s how the transfer would have to take place.

Evan Nappen 27:52

Under Federal law, one of the few exceptions to that is upon the death of somebody. If somebody dies out of state and you’re the heir, then Federal law exempts you to take that gun without going through a dealer. For that matter, so does New Jersey law. But if we’re talking about while folks are alive and it’s between two states, you’re going to have to go through a dealer. Now, if it’s not between two residents of different states, but it is a family transfer to immediate family members within the same state, then you do not have to go through a FFL dealer. Under New Jersey law, you do not have to go through a New Jersey Retail Firearms dealer either. It can be done person to person in New Jersey, between immediate family members if everybody is a resident of New Jersey.

Evan Nappen 28:58

In order to do that transfer, if it’s a long arm, a rifle or shotgun, then as long as the buyer/transferee has a (New Jersey) Firearms Purchaser ID Card, you do a Certificate of Eligibility, and the gun can be transferred to you. (https://www.nj.gov/njsp/firearms/forms.shtml – under “Other Forms” on bottom of

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page) You each get a copy of the Certificate of Eligibility, and you file them nowhere. You just keep the copy with your paperwork. This is what’s needed under Jersey law for the transfer of a long arm to an immediate family member. There is no registration. The gun passes and each person keeps your piece of paper. And that’s it. You can do it without any NICS background check, without going through a dealer, and it stays private because the paperwork is just between the two parties, the two immediate family members.

Evan Nappen 29:53

Now, if it’s a handgun, you’re going to need a (New Jersey) pistol purchase permit, but you do not have to go through a dealer, and you don’t need a NICS check. You simply do the paperwork for the handgun transfer person to person as to immediate family members.(https://www.nj.gov/njsp/firearms/forms.shtml – “Application to Purchase a Handgun”) You do have to follow through with the permits and send the copies where they need to go. The handgun has to be papered on a handgun purchase permit, but it can be done without a federal dealer, and without a state retail firearms dealer being involved if it is a transfer between immediate family members living in New Jersey. You have got to do the paperwork. You have to do the paperwork on long arms and on handguns. But a dealer, neither state nor federal, is involved. So, I hope that clears up (firearm transfers between immediate family members). And I appreciate those questions.

Evan Nappen 30:56

Now, Daniel writes, and he says, regarding the AR-7 breakdown rifle and New Jersey law. My friend referred me to your podcast, and I’ve learned so much that will likely prevent future issues. My question is about a breakdown rifle like the AR-7, which I think is manufactured right here in New Jersey. Yes, that would be Henry. Henry makes the current model of the AR-7. The AR-7 has gone through a number of makers. It originated with ArmaLite, the company that developed the AR-15. They were working on it as a survival rifle for the Air Force, and the early ArmaLite rifles are cool and collectible. Then after ArmaLite, it was acquired by Charter Arms, and Charter Arms made their version of the AR- 7 which was a very popular gun for them. Then after that, there may have been another maker in between, but basically it became Henry.

Evan Nappen 32:04

Now Henry makes a current model that I think is probably the best model of the AR-7 made. (https://www.henryusa.com/rifles/us-survival-rifle/) They’re all good. They all work, and you know, they’re all really cool. The AR-7 breaks down. The barrel comes off, the mag comes out, the receiver unscrews, simply with your thumb from the stock, and then everything fits into the stock – the barrel, the magazine, and the receiver. The cool thing about the Henry rifle is they made the front sight orange so it’s easy to see. They added a Picatinny, molded-in Picatinny rail, so you can actually put a scope on it. The way they set up the stock is superior for putting the parts in. You can leave the magazine in the receiver, which gives you one magazine in the receiver that you tuck into the buttstock of the gun, and then there’s a spot for two more magazines. So, it can hold three magazines. And when the gun is assembled, it floats. So, if you drop it off the boat, it actually floats. It is a very cool gun, a survival rifle, as they call it. Henry made some really great improvements, but it’s still the classic AR-7. These guns are also reasonable and really an excellent, excellent .22 to have for that purpose.

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Evan Nappen 33:39

So, I’ll continue with the question, having diverted to a little bit of the history of the AR-7. Daniel says New Jersey law requires that a weapon being transported under paragraph (2) of Subsection b., subsection e. or paragraph (1) and (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gun box, securely tied package, or locked in the trunk of an automobile and shall include only such deviations as are reasonably necessary under the circumstances. If a rifle is stored within its own stock, would that constitute a closed and fastened case under New Jersey law for transport in my hatchback? How are hatchbacks with small cargo areas treated under NJ law for long gun transport? Let’s assume the AR-7 magazines are empty when stored in the rifle stock for the purpose of this question.

Evan Nappen 34:30

So, the answer is yes. Technically, the stock would act as a case because New Jersey defines the firearm itself as the receiver. The receiver is in a case, and the case is shut because when you put the receiver, the magazines, and the barrel into the stock, you then snap over it. You close and fasten the butt stock with a rubber butt cap that snaps over, keeping everything in place. So, it is in fact a closed and fastened case. And it’s containing the firearm in it. The AR-7s come with a box that has a little handle on it, and it’s a little bit more of a durable box. You can put the gun in that box, which it’s made to do. Therefore, you now have it in a gun box, which is also exempted under subsection g. So, now you have it in a closed and fastened case, arguably the stock. You have it in a gun box, which is the box that the AR-7 comes with. And by having it in the box, you also can put a box a .22s in there, put a pull-through rifle cleaner in the box, maybe some Rem oil, a little thing of oil, cleaner, etc. You can set up that box for your survival and have it all together in a nice kit. A real nice kit. So, the AR-7 has so many great uses. Because it condenses and it’s very light, it’s great for backpacking, canoeing, taking out in the woods, and having fun with it, if you’re legal to do it in whatever woods you’re in. But these are the things, and the AR-7 is a great gun. Everyone should own an AR-7 and have it in their personal arsenal. So, thanks, Daniel, for a very interesting question and getting me talking about one of my favorite guns over the years, being the AR-7. I have so many fond memories regarding the AR-7 as a young shooter.

Evan Nappen 36:54

Now, I have another question here that says, Hi, Evan. This is from Matthew. Longtime listener, and I appreciate all the content you put out. Oddly enough, I was listening to your podcast today on the way to a barbecue. When I got there, my nephew told me how he was pulled over by New Jersey State Troopers the day before. So, if you may recall, I talked about and put out to the audience whether anyone has had encounters because of what the procedures may be now with State Police when you honor the Duty to Disclose, what you must do and tell them you’re carrying a gun. What happens?

Evan Nappen 37:32

So, one of the listeners here, Matthew, writes and says the following story about his nephew. He doesn’t have a carry permit and was transporting several rifles to the range in the backseat of his truck. He got pulled over for an expired registration. He disclosed the rifles since they were in plain sight and then consented to a search. (facepalm) The Trooper called for backup and upon arrival of several, they had him exit the vehicle, searched him, and proceeded to uncase and verify the serial numbers on

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every rifle. Not exactly the same case but figured I’d mention. As a carry permit holder, it did raise a question for me. If pulled over, after disclosing, if the officer asks to see my pistol, am I obliged to comply or can I refuse as I would a general search of the vehicle?

Evan Nappen 38:24

Well, once you disclose you have a firearm and then you show your permit, which you’re required to do under Duty to Disclose, there’s another section of the law that says, if there’s an investigation, they have a right to ask for your gun. Now, let me just say this. If you’ve disclosed and you’ve shown the permit and the officer wants to see your gun, I would advise that you do it and not worry about whether technically he has the right to ask. You don’t want to have a problem. You don’t want the officer to be nervous about you and your gun. Even though you have a carry permit and you’ve shown him your carry permit, the best thing in that situation, since he knows you have a firearm, is to follow the officer’s instructions. Let’s not make their job more difficult here or place you in a situation where common sense needs to dictate. In this narrow circumstance, if you’ve disclosed and the officer wants you to hand him your gun or if he wants to take your gun from you, temporarily, etc., I have to advise you to cooperate. It’s not a time to stop that.

Evan Nappen 38:39

Now beyond that, you know, consenting to a search of your vehicle, consenting to searching your trunk, talking about anything else, why you have a gun or anything, none of that you should be doing, none of that. But you must disclose because the law is still on the books. You have to do it. You show your permit because the law is on the books. You have to do it. If your cooperation is to the extent of the officer wanting to see your gun or render it safe, you really need to cooperate with that. It doesn’t mean you’re going to give up any other rights. And that’s important, especially, when it comes to any further consent regarding searching your vehicle. So, that is how I personally would handle it. Just so you know.

Evan Nappen 40:42

Now, I want to talk about one of the most popular sections and segments of the podcast, which is the GOFU. The GOFU is the Gun Owner Fuck Up. GOFUs are really important because these are expensive lessons that others have learned that you get to learn for free. This week’s GOFU is actually based on a letter that I received. The letter itself is not a GOFU per se, but it demonstrates what I’ve been seeing lately, that can absolutely become a GOFU. This is a letter from John, and John says, Are others with pistol braces such as the Troy A4 still legal in New Jersey? Also, is it legal to build a mimic version with a stripped lower?

Evan Nappen 41:42

Here’s the deal, folks. We discussed the Troy A4, the Dark Storm 15, and we do have that State Police letter that made it legal and lawful. Then we went through all the turmoil of the pistol brace law that seemed to undercut that, and then they’ve been stayed, enjoined, by the courts. And it looks like the Federal change is on its deathbed. It’s all just a big turmoil right now in this area. Basically, as you may know, they required that they be registered as SBRs. They being the Feds. They said you had to register them as short barrel rifles. But, of course, New Jerseyans couldn’t do that because then you’re admitting to having a short barreled rifle, and short barrel rifles are prohibited in Jersey. So, it makes it

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not a short barrel rifle as the State Police recognized that it was a pistol brace and not making it a rifle. All these other good things.

Evan Nappen 42:37

So, look, the bottom line is, with the A4s and the Dark Storms that are specifically listed, you have the protection that you can raise as a defense known as ignorance or mistake of law that you’re relying on an official statement of the State Police saying those guns are okay. Now, it’s still subject to challenge. It’s still arguably dependent on ATFs ruling, but they seem to have put that ruling on the backburner. One of the things I would recommend is that you join some of the national groups that have gotten injunctions which protect their members, such as the NRA (National Rifle Association), GOA (Gun Owners of America), and the FPC, that’s Firearm Policy Coalition. They’ve gotten injunctive relief that protects members if you have a pistol brace in violation of the Federal rule. And so that helps keep you exempt. If you have a Troy A4 or Dark Storm 15, you’re really well advised to have the membership credential to protect you, not just from the Federal law being applied to you, but also, arguably, if you’re enjoined federally, you’re protected as that member if they wanted to make trouble for you. They being the State. We would raise that entire thing showing that that rule of reinterpretation, which is hopefully very shortly going to be declared completely unconstitutional. We’d have those grounds there to fight it and use it to protect you.

Evan Nappen 44:18

But you see the GOFU is on the second question, more than even the first. That is what the writer called a “mimic version”. Essentially, what he means is you take a stripped lower and you build, even though it’s a registered lower that’s legal for you to have, up a configured “other” that matches the configurations of the Dark Storm or the Troy A4. Theoretically, you should be fine as long as the registered receiver was that of an other, it remained an other, and that’s what you built. But the problem is the Government doesn’t recognize that. It’s hard enough when I have cases with Dark Storms and Troy A4s, trying to win those. But if you have built your own, and it is not one of those deemed guns, it’s going to be even harder. You’re going to have more of a fight, a harder fight, to beat the charges as they are going to charge you with having an SBR under New Jersey law, they’ll charge you with possession of an assault firearm under Jersey law. Then knocking it out quickly and easily, at least faster than we could do with the Troy and the Dark Storm because of the State Police letter. Now we have to explain and convince the prosecutor and/or their folks how this fits and how it should be applied to that gun as well, even though the State Police didn’t address it, necessarily, generally, on your build.

Evan Nappen 46:12

So, I really have to say, try not to do that. Even having the Troy and the Dark Storms is trouble enough and problematic enough. But the GOFU is going to be this extrapolation on doing your build. I’ve plenty of cases that I’m currently fighting, dealing with this very thing. So, beware. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 46:54

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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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Downloadable PDF TranscriptGun Lawyer S3 E190_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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