Episode 200- What’s Komrade Harris’s Position on Guns?
Also Available OnPodcast TranscriptGun Lawyer Episode 200

SUMMARY KEYWORDS

gun, firearm, new jersey, trigger, gun rights, place, rights, atf, law, forced, crank, lawyer, reset, lease, called, comrade, shoot, officer, person, stocks

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:19

I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, a big question that has been out there is, what are the policies of Comrade Harris? Now, Comrade Harris has not been very forthcoming with much specificity about her policies. However, when it comes to our Second Amendment rights, she is not bashful at all. So, I want to discuss with you her proposals and what she’s going to do to our rights and why she will become the premier Gun Rights Oppressor if she becomes the next president. You need to be aware of this. I have the sources here to explain to you exactly where they’re coming from. A lot of it is what you might expect from the party of oppression, the Democrats, and that is not stopping here on our Second Amendment rights, that’s for sure.

Evan Nappen 01:32

So, the first thing that the Democrats do, and what Comrade Harris has put forward here is the propaganda twist of Big Brother-type lies in the same manner as George Orwell. You know, very Orwellian, when you had like the Ministry of Truth, which was all about lies. So, it’s always the opposite of what it actually is. So, her statement at the recent destroy America party convention that was just held where she received the nomination, having not received a single vote from any American in any primary, but yet is their candidate. She said, the freedom, and this is the platform, the freedom to live safe from gun violence in our schools, community and places of worship. Now think about that. This person somehow twists freedom, the idea of our liberty, the idea of what is our right to a freedom “to live safe from gun violence in our schools, community, and places of worship.

Evan Nappen 03:12

Of course, it’s not living free from violence, just violence itself. But then, again, there’s good violence, and there’s bad violence, right? If someone’s threatening your life, you’re going to use violence to defend your life. That’s good violence. It’s criminal violence that we want to be concerned with. But no, no. If we start trying to do something about criminal violence, then we have to do something about criminals, and that means going after Democrat constituents. They don’t want to do that. So, let’s focus on the guns and call it “gun violence”. Now they couch this that somehow, by oppressing our rights, that it will make you, that it will set you free. It will give us the freedom you see, by oppressing your rights. There’s absolutely no logic when you start taking apart their propaganda and that’s what we’re going to do on this show.

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Evan Nappen 04:12

So, what are the specifics to give us such great freedom? What is it that she’s looking to do, specifically, and for that matter, the entire Democrat party. What are they looking to do? Well, the answer can be found in what she has said and the Democrat party platform. The Democrat party platform that’s, of course, endorsed by Comrade Harris, says the following. There are about seven agenda items of right suppression. This is from the platform. Democrats will establish Universal Background Checks. So, that is UBC. Universal Background Checks is code for universal gun registration and the ending of any private sales, and to make sure that they know who has the guns. This makes it very easy to confiscate them. As we’ve discussed before, but in case you forgot, the four words go something along the lines of Legislation, then Registration, then Confiscation, then Extermination. That’s a pattern that’s been followed through history, and we’ve seen it in every major holocaust that human race has faced since the existence of firearms. So, be very, very wary of so- called Universal Background Checks. UBC is code for gun registration, which is simply the march toward those other things happening.

Evan Nappen 06:00

They will once again ban assault weapons and high capacity magazines. So, she wants to ban modern sporting rifles and standard capacity magazines. The Federal assault firearm ban was useless. It had no impact on crime, of course. Now, it did have some positive effects. One of the most positive effects, particularly the magazine capacity prohibition, was by limiting it to 10 rounds, it forced handgun makers to actually make handguns that were accurate. Now, they had to actually shoot well, because you can’t just spray and pray with 10 rounds. So, they had to improve accuracy and make handguns more concealable, but at a larger caliber. Since you could only carry 10 rounds, it had the wonderful effect of making more accurate, more deadly, and more concealable handguns, which is great for self-defense. I have no problem with that, but I really don’t want to see a magazine ban. Because on the flip side, what it does is it turns law-abiding citizens into criminals, especially when there’s no grandfathering. They have said over and over again that they don’t want to have grandfathering, that pesky grandfathering thing again, when they pass these laws. Of course, assault weapons that we’ve discussed over and over is simply modern sporting rifles, semi-automatics. They just want to have a sweeping ban, to prohibit as many guns as they can under that banner.

Evan Nappen 07:50

She’s even gone so far as to say she wants a mandatory buyback. Isn’t that cute? Buyback? How can you buy back something that’s not yours in the first place? You’re not buying back anything. What you’re doing is forcing people to forfeit their property and then allegedly giving them some type of compensation, which is always a fraction of the actual worth. Not that any of us want to part with our firearms for some Government-issued money. It’s one thing if you want to sell your own gun, I get it. That’s a personal choice. But if you are forced to sell it so that you have criminal penalties if you fail to do so? Well, that is a Democrat highlight, I guess, of oppression. They will require, this is again from the Democrat Platform, safe storage for firearms. Oh, how nice that sounds. They want to require safe storage. What that really means is we have to lock up our safety. Your gun has to remain in a locked cabinet, so that when the hot robbery is taking place, when the gang of MS 13 Democrats is attacking your home, you get to ask them to please wait while you unlock your gun safe and load your gun so that you can defend yourself. Yeah, that will work out really well.

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Evan Nappen 09:28

Democrats will “end the industry’s immunity from liability”. What does that mean? That means they want to end the consumer protection that’s been put in place to protect the firearm industry from lawsuits. Part of the anti-gun rights oppressors’ plans are to litigate and sue the gun industry out of existence. So, by abusing the tort system and suing gun makers for the criminal acts of third parties, they can bankrupt the gun manufacturing industry in America. But they don’t put it that way, of course. They say it is so gun makers can no longer escape accountability. Oh, yeah, isn’t that pleasant? Their propaganda is always astounding, but nonetheless, what do we expect from our Comrade?

Evan Nappen 10:34

They will pass a national Red Flag Law, and what is Red Flag? It’s confiscation without due process. New Jersey is currently suffering under its Red Flag law, known as ERPO, Extreme Risk Protection Orders. It can be filed by just any lie by any person. The next thing you know, your guns are seized, and your rights are taken. You don’t even know what’s happening. Finally, down the road, after all the damage has been done, your house was searched and your guns were taken, you finally get a hearing. How nice of them. At that hearing, you get to fight to get your rights back. And of course, these ERPOs are quite deadly and dangerous for gun owners because the police don’t know who they’re dealing with. All they know is it’s an extreme risk. Law-abiding citizens have been shot and killed during the execution of these orders. By “swatting”, by folks that just make up lies and have them hit your house. They come armed and ready to seize your guns. So, you know, Red Flag is bad news. New Jersey is proof of it, and the rights abuse and due process abuse is just astounding with red flag, so called red flag. We’ve got to stop it from taking place nationally. It’s a violation of our Fourth Amendment rights against unlawful search and seizure and a violation of due process. Yet, the courts in the gun rights oppressive states are very slow to apply those other rights that we have. Of course, all this is being done, don’t forget, in the name of a freedom, freedom. This is all for freedom, my friends. Freedom. I mean, it’s just nauseating, right?

Evan Nappen 12:38

Then, of course, they’ll increase funding for BATF and FBI for the background checks. So, you know, continue with the weaponization of our Government agencies and the constant attack on law-abiding citizens. That is, of course, fundamental to gun rights oppression. So, they have a very complete and thorough platform of gun rights oppression and that is Comrade Harris’s position on guns. Now her other policies at the moment, nobody knows for sure. Of course, she isn’t really talking to the media or having questions asked or putting forward specific policy. But they seem to have made an exception for guns. When it comes to taking our rights, they seem to have no problem saying exactly what they want to do to oppress our gun rights. Whenhen it comes to the election, make sure you vote accordingly if you care about your gun rights. Make sure you know that that this is down the pike if she is successful in her election. I just wanted to make sure that Gun Lawyer listeners were aware of the facts about her position on guns and gun rights.

Evan Nappen 14:00

Now, with that being said, I want to bring to your attention an article that I saw that is just insane. I just have to talk about it, because it is so bizarre. This is from The Daily Beast, which normally is kind of,

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you know, out there to the left. A pretty strong lefty publication there, but nonetheless, sometimes even a blind squirrel finds a nut. The Daily Beast had an article, and the title is, “American Backpacker Flips in Court Over Gold-Plated Gun”. (https://www.thedailybeast.com/american-backpacker-liliana-goodson- flips-in-court-over-gold-plated-gun) I swear you can’t make this stuff up. Wait until you hear this. Ready?

Evan Nappen 14:46

Now, of course, the person involved in this is from Florida. Somehow, it’s always a Floridian in this insanity. I don’t know why that is. I’m going to read this. Owen Lavine wrote this article. Here’s the subtitle to the article. “A Floridian was on their way to clown school in Sydney, Australia, when authorities found the weapon in their luggage.” I got to tell you. I totally believe that this person was going to clown school. You’ve got to see the picture of this person. It is beyond words. And you talk about the opposite of drawing attention to yourself. I mean, she may as well, or he, or whatever it is. They don’t use the pronouns. Yeah, I don’t know. This person may have, literally, been dressed as like Ronald McDonald or something. But actually, they look even crazier. If you want to check out that article, you’ll see what I’m talking about.

Evan Nappen 15:53

The firearm that they had is a Colt. It’s an actual Colt. I can see the Colt slide. It’s a Colt 1911, but it is gold plated with a pearl handled grip. You can make that out in the picture. So, it’s a full size 1911 with a pearl-handled grip. And what happened here is they were apparently heading to Australia for this clown school, and they wanted to bring this gun. The name of the person is Liliana Goodson, who uses they/them pronouns, and said they, I guess, meaning her, singular, but we have to say they, “were on their way to a ‘clown institute in Sydney’ when they were stopped at Sydney Airport with a Colt .45-style pistol and ammunition in their luggage. . . ” This is the Daily Beast quoting the Daily Mail. Goodson, ready for this, also shared that they, again, they plural for a singular, were carrying a “cat spine, squirrel feet and rabbit pee”. Well, of course. I mean, who the hell doesn’t go to Australia with a gold-plated .45 1911 with pearl grips and a cat spine and squirrel feet and rabbit pee? Especially when you’re going to clown school in Sydney. Come on. Then it says, “When I got here, the gun wasn’t even in the back of my mind at all, they said, and they said that my memory failed me. The investigator said that they tried to search on Google what to do, but they weren’t exactly sure, so they apparently brought it to Australia anyway and didn’t worry about it. Then they claimed they’re actually “scared of shooting” the gun, but they’re from L.A. Oh, are you shocked that they’re from L.A.? They said, if you just brandish a weapon, people will scatter. There you go. That’s a hell of a self-defense training, right there, huh? Brandish your gold- plated pearl grip 1911 and, I guess, wave cat spines and rabbit pee at them or something like that, and they just scatter. Then here’s the greatest part. They entered a guilty plea in the court in Australia. It says that “she backflipped and pled guilty. Literally did a backflip in court and pled guilty. Goodson’s Attorney apparently did say that they suffered from mental health challenges. I don’t know. I somehow find that hard to believe but check out that article. You’ll see the picture. It is the world we live in.

Evan Nappen 19:15

Speaking of which, as the fight continues for our gun rights, New Jersey is a hotbed of such problems. In order to continue the fight, you need to belong to the Association of New Jersey Rifle & Pistol Clubs.

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They are the NRA affiliate in New Jersey. They are the ones fighting for our rights in the courts and in the legislature. They have a full time paid lobbyist keeping an eye on the shenanigans down in Trenton, which seemed to never end, and they are battling the good fight in federal court and making headway. Fighting for our ability to carry. Fighting New Jersey’s so-called assault firearm ban and large capacity magazine ban. Every day, they are fighting the gun rights oppressors and their agenda. By joining the Association, you become part of the solution. You’ll get the updates, the great newsletter, and the emails. It’s a great group. Show your support. Join anjrpc.org,njrpc.org today. You’ll be glad you did.

Evan Nappen 20:28

Also, I want to mention WeShoot, our favorite range in Central Jersey, right there in Lakewood. Right off the Parkway. They are my range, a great range, and it is a resource that you can take advantage of. They have top notch staff and great training programs. Get your carry certificate there and training, your CCARE. They’ll help you out. They’ll help you get set up, get your gear, get everything you need to exercise your Second Amendment rights. Plus, you have a great place to shoot. Our ranges are an important resource. As you know, we’re looking forward to Lieutenant Colonel Hartman’s visit. I’ll be letting you know the date for the training by Lieutenant Colonel Hartman, the IDF Master Sniper, who created the entire firearms training program for the IDF. He’ll be personally training. If you want to take advantage of that training, check out his online course. As a matter of fact, in order to go to the live training seminar, which will be free, you need to take this course. You can access it right online at elitemarksman.com Elitemarksman.com. I’ve talked to a lot of folks that have already done it, and it’s a magnificent course. You’re really going to learn a lot, and you’re going to learn from the guy who’s been there, done that, the real deal. He’s got an amazing resume. He was one of the, actually, I think, the only Jewish soldier ever to make the cover of Soldier of Fortune. He’s a really interesting guy. When you go to that website (www.elitemarksman.com), make sure you use the promo code, GUNLAWYER (all caps). Gun Lawyer. You’ll will get $100 off the program.

Evan Nappen 22:23

Another thing of great importance is getting my book, New Jersey Gun Law, the Bible of New Jersey gun law. It’s 120 topics, all in a question and answer format. I explain all the laws. It’s actually over 500 pages. The book itself can be a weapon. That’s just a joke, folks. But it is a substantial book, and it is the only book that explains what you need to know about New Jersey gun laws. When you get the book, scan the front cover, and get in my subscriber list so that you can access, for free, the archives. You will be able to get the email updates that come out so the book will stay current. To buy your copy, you just have to go to EvanNappen.com. That’s EvanNappen.com. You’ll see the big orange book right there. That’s my website. Get yourself a copy today.

Evan Nappen 23:29

Hey, here is some more really important news. The ATF just lost another one. This is on Force Reset Triggers (FRT), such as Rare Breed Triggers FTR-15s. Force Reset Triggers. (https://www.ammoland.com/2024/08/atf-requested-stay-denied-in-force-reset-trigger-case/) You may say, what is a Force Reset Trigger? Well, a Force Reset Trigger allows you to fire your gun very quickly. It is far superior to a bump stock, and it simulates machine gun fire. Oh, my God. How can we have a gun that shoots lots of bullets by pulling the trigger for every shot when with a semi- automatic, we can fire lots of bullets by pulling a trigger with every shot? Yeah, I know it’s crazy. Butut the good

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news is Judge Reed O’Connor, who is a wonderful judge in Texas, determined that the Force Reset Triggers that ATF went around confiscating claiming they were machine guns, as a matter of fact they confiscated almost 12,000 Force Reset Triggers, not only was it declared unconstitutional, but ATF is required to return them. That’s just wonderful. I love that they have to give them back.

Evan Nappen 25:06

Now, I know there are a number of people in New Jersey that ATF paid special visits to. To convince them, cajole them, scare them, into giving up their force reset triggers under their confiscation program, under the senile sock puppet. I’m sorry, I mean Joe Biden. When they did this, they scared a lot of people into doing it. They used threats and all kinds of things. Well, guess what, folks? If you were somebody that had your Force Reset Trigger seized, ATF is ordered to return it, and the judge denied a stay of that order. It’s not stayed. It’s in effect. I know ATF is going to appeal it, but good luck, considering the Cargill case. Under Cargill that invalidated what? Their bump stock prohibition. And guess what? Bump stocks do something very similar to force reset triggers, only better.

Evan Nappen 26:14

I’ll tell you one other thing about force reset triggers that you may find very interesting. Under New Jersey law, bump stocks are separately prohibited. So, even though bump stocks are now arguably okay in the USA, although they’re still trying to appeal it and fight it, you may want to wait a little bit longer. But hey, it’s pretty darn good there on that front with bump stocks. New Jersey law separately prohibits bump stocks. So, in New Jersey, you still can’t have a bump stock because it was invalidated, not on Second Amendment grounds. It was invalidated on overreach and a violation of their administrative agency powers. You know, abuse of agency power is what invalidated it. But you see New Jersey prohibits bump stocks and New Jersey prohibits trigger cranks. I guess sometimes, if get cranky while shooting, we might consider ourselves to be a trigger crank, but that’s not what they’re talking about. In New Jersey, a trigger crank means any device or instrument attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion. (N.J.S. 2C:39-1ff.) You know, like hell fire. Those devices.

Evan Nappen 27:51

Butut it doesn’t include any weapon initially designed and manufactured to fire through a crank or lever. So, first of all, you may be surprised to learn that in New Jersey, Gatling guns are legal. That’s right. You can have a Gatling gun in New Jersey. You can even have one of those newly made Gatling guns by Tippmann. (https://tippmannordnance.com/gatling-gun/) You know, the 9 mm Gatling guns that use Glock mags. That’s okay, because it’s originally made with a crank. But you can’t have a gun where you added the crank. That’s because legislators are kind of cranky about the whole thing, right? So, Gatling guns, okay. Trigger cranks, no good. Bump stocks, no good.

Evan Nappen 28:39

But, drum roll, please. Force reset triggers are legal in New Jersey. They’re not prohibited. So, a force reset trigger is not a bump stock. A force reset trigger is not a trigger crank. For that matter, neither is a binary trigger. You know, Franklin Armory and such, where the firearm will fire on both the pull and the release of the trigger. It’s still two actions. But the force reset triggers, plainly, not a bump stock, plainly not a trigger crank. So, if ATF wants to give you back your force reset trigger because they’re

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mandated to do so, 12,00012,000 of them, by the way, and you live in New Jersey, well, happily accept it back and enjoy it.

Evan Nappen 29:34

Let me also bring to your attention some letters that I received. I always love getting letters. This one’s from Thomas. He says, I enjoyed your podcast 182. What happens if a spouse did not estate plan for handguns to go to a child, and they went to the surviving spouse? After both parents pass away, do children get custody of the handguns just like the spouse did? The answer is as long as the children are the beneficiary of the last deceased spouse, then the entire estate would go to those residuary beneficiaries, those beneficiaries, and if that estate includes guns, and the answer is yes. Those guns go to the heirs or beneficiaries, whoever they may be. You do not have to specifically say that guns go to your heirs or beneficiaries if they’re getting your whole estate. If you want to split it up, where certain guns go to certain people, or you want your estate to go to your spouse, but the guns to go to your kids, then you need to spell it out. But the answer here would be yes. The children do get the guns, as long as they’re the ones that are getting the estate. Normally, that’s how it works. So, thanks for the question, Thomas.

Evan Nappen 31:09

Then I have another question, and this one is from Jeff. And Jeff says, Mr. Nappen, I was listening to Gun Lawyer, as I always do, and I was interested in the answer you gave about carrying in a sensitive place, with exemption, if it is your place of business. I’m a physician. I have a concealed carry. I work in a private practice, but the building is leased from the hospital. In other words, I’m a partner in the practice, but the hospital owns the building. I spend the majority of my time at work, unfortunately. I would like to carry there. Do you think the fact that is my place of business trumps the sensitive place issue? The answer there is, if you actually lease wherever you are there, then that is your office that you lease, and that is your place of business. The hospital is merely the landlord, and you now have the dominion control and leasehold you’re leasing that office. If you’re in that office that you are leasing, then that is your place of business. And under the sensitive places exemptions under 2C:39-6e. exempt from sensitive places. One of the exemptions under 2C:39-6e. is place of business. So, if it is bona fide your place of business and it is land essentially owned or possessed by you by way of a lease, then you have exemption of both, arguably, land owned or possessed and place of business. It’s your business. You’re the partner in the practice that you are leasing under, I’m assuming, an agreement for that spot, for that place, just as any other business might lease its offices or storefront or anything else. That’s how it works. So, it appears, from what your question has asked, that yes, you are covered.

Evan Nappen 33:02

Now let’s go to the favorite segment of Gun Lawyer, which is the GOFU. And what are GOFUs? GOFU is the Gun Owner Fuck Up. And why do we talk about GOFUs? Because they are expensive lessons that you can learn for free, and then you don’t have to repeat those expensive lessons. Let me tell you something that I’ve seen a lot of again in the practice, and it keeps happening and happening. This is a little bit of a reverse GOFU, but it still qualifies, I believe. Because I don’t want to see you have the problem. Regardless of how serious the problem is or isn’t, I don’t want to see you have the problem. The issue is that police often do not know the laws. Police don’t know the laws. They’re trained to a certain degree, but honestly, they’re not up to speed on the gun laws the way my listeners of Gun

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Lawyer are. They just often don’t know, and they are often wrong. I see this all the time. So, I’m sure that you would prefer not to be a victim of an officer’s mistake. That would be the GOFU, right? You don’t want to have that happen to you.

Evan Nappen 34:22

Lately, I’ve had cases where an individual was stopped, and under Duty to Disclose, disclosed his concealed loaded handgun on his person that he was properly carrying, showed his carry permit, but the officer said, wait a minute. He read the law, and the law says you can’t have a gun while transporting in a car. They actually put the cuffs on. Then they called the higher up officer who seemingly confirmed it, and it was a big mess. Now, luckily, there were no charges here, but what a hassle and what a problem. And why didn’t the officer know? The officer didn’t know about the case law, about the law that the Association of New Jersey Rifle & Pistol Clubs successfully fought, having that section declared unconstitutional. So, yeah, the law is there in the statute book, but it has an injunction on its enforcement, and the officer wasn’t aware of that. I have a suggestion. You should keep, if possible, a copy of my book and its updates in your car. Because if you get stopped and you have a problem, you can go to the source to the Bible of New Jersey Gun Law and say no, right here. Nappen says that is okay. Right there.

Evan Nappen 35:52

I’ll tell you what else I’m running into. Hollow nose ammunition. All the time. I get these calls all the time. Hollow nose. The police stop them. I’ve had actual false charges. Why? Very popular rounds such as Hornady Critical Duty, Critical Defense, etc. Well, I want to point out something else that you may want to keep a copy of with you in the car or in your carry lock box, just so you have it. Particularly, if you’re carrying that great defense load. Go to the State Police website, and they have an FAQ on firearms (https://www.nj.gov/njsp/firearms/firearms-faqs.shtml) Question 13 on the New Jersey State Police website, an official statement by those empowered to make it. It is absolutely a defense at law to rely upon that. If you go to Question 13, what does it say? Question: “I’m not a police officer, are hollow points legal for me to possess?” And right there it says the exemptions about where you can travel. Then it says, “Ammunition lacking a hollow cavity at the tip, such as those with a polymer filling, are not considered to be hollow point ammunition. An example of this can be seen with the Hornaday Critical Defense / Critical Duty, Cor-Bon PowRball, Glaser Safety Slug and Nosler Inc. Defense ammunition.”

Evan Nappen 37:32

Hey, folks, not only do they make it clear, but they also even name the brands. So, if you have that ammo in your carry gun, which is all good stuff, factory defense loads, right there. Great stuff. Why not keep a copy of this FAQ by the New Jersey State Police? Keep it with my book and the updates. If you run into a problem, you can say, look, I have the documentation that it’s legal, right there. Don’t make a false arrest. Boom! You stop the problem before it escalates, and you will not be a GOFU.

Evan Nappen 38:12

This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

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Speaker 3 38:20

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 E200_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.

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