Episode 209-Lawsuit over Red Flag Law Being Used To Suppress Right To Carry
Also Available OnPodcast TranscriptGun Lawyer– Episode 209 Transcript

SUMMARY KEYWORDS

Red Flag Law, extreme risk protection order, David Burg, Second Amendment, self-defense, firearm seizure, due process, New Jersey State Police, civil complaint, legal challenge, gun rights, carry permit, legal representation, gun laws, firearm transfer

SPEAKERS

Speaker 3, Evan Nappen

Evan Nappen 00:16

I’m Evan Nappen, and welcome to Gun Lawyer. So, the Association of New Jersey Rifle & Pistol Clubs has brought an extremely important lawsuit to overturn New Jersey’s infamous “Red Flag” Law. Now, we don’t actually call it “Red Flag”. New Jersey officially calls it an Extreme Risk Protection Order (ERPO) Law. The Extreme Risk Protection Order law is an unbelievable denial of due process that exists in New Jersey to take your guns and take away your rights. We have a case now where I’m representing the plaintiff in this case. I’m representing him on the criminal charges, whereas my dear friend and colleague, Dan Schmutter, is bringing the Federal Civil Rights litigation over what occurred here.

Evan Nappen 01:33

This suit is something that can have tremendous impact on so many individuals throughout New Jersey. Because in this case, you see the perfect example of the abuse that is integral to the Red Flag law being applied to disenfranchise individuals. The person’s name is David Burg. To disenfranchise David’s Second Amendment right, particularly his right to defend himself. So, the lawsuit was launched and is being brought because the New Jersey State Police used the “Red Flag” Law to seize the firearms of 67-year old Attorney David Burg.

Evan Nappen 02:39

Now I’m taking this right from the News Release put out by the Association. You can go to anjrpc.org, and you can see the release. (www.anjrpc.org) (ANJRPC SUES TO OVERTURN “RED FLAG” LAW BEING USED TO SUPPRESS RIGHT TO CARRY) The links are there so that you can read the actual civil complaint. You can also donate to the fund to help in fighting this outrage. It will have an impact on all of us. As the Association news release states, the ERPO was brought against Burg simply because he tried to exercise his right of lawful self-defense while en route to an Independence Day celebration in July. As per the Association release, the State Police never bothered to speak directly with Mr. Burg, a carry permit, before using the “Red Flag” law to wrongly arrest and seize his firearms. Instead, they falsely concluded that he was a bad actor who needed to be stripped of his gun rights without due process. This “arrest first and ask questions later” approach puts every law-abiding carry permit holder in New Jersey at risk of false arrest and wrongful firearm seizure.

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Evan Nappen 04:12

If you go right to the Association’s website, angerpc.org, not only should you belong to that organization, who is also a sponsor of this show, but the Association is there fighting for our rights. They’re the ones litigating the modern sporting rifle ban that New Jersey pejoratively calls the “assault firearm” ban. They are fighting the standard capacity magazine ban, which they call the “large capacity” magazine, which is a very subjective standard, of course. They are also fighting the Carry Killer bill. And this suit, of course, ties into the Carry Killer bill, Murphy’s kicking and screaming hissy fit after the passage of the Bruen decision.

Evan Nappen 05:07

We can look directly at the complaint that has been brought in the United States District Court of New Jersey, and you’ll see that the plaintiffs are David Burg and the Association of New Jersey Rifle & Pistol Clubs. Of course, that protects the members of that fine organization, and hopefully this will make important law regarding this abuse that continues throughout New Jersey. The parties being sued are: Matthew Platkin, in his official capacity as the Attorney General of New Jersey; Patrick Callahan, in his official capacity as Superintendent of State Police of New Jersey; Raymond Santiago, in his official capacity as Monmouth County Prosecutor; Anthony Dzugan, individually and in his official capacity as a New Jersey State Trooper; Daniel Valenti, individually and in his official capacity as a New Jersey State Trooper; Eddy Otano, individually and in his official capacity as a New Jersey State Trooper; Craig Denardo, individually and in his official capacity as a New Jersey State Trooper; and Jeffrey Fischetti, individually and in his official capacity as a New Jersey State Trooper.

Evan Nappen 06:42

If you look at this complaint, which is extremely well written, it first mentions and discusses the New York State Rifle & Pistol Association v. Bruen case. (142 S. Ct. 2111, 2135 (2022) of course, our Second Amendment key case by Saint Thomas. You know Justice Thomas. If you read the very first paragraph in the Complaint, it says, “The Second Amendment to the United States Constitution guarantees ‘the right of the people to keep and bear arms.’ (U.S. CONST. Amend II) When the People, by enacting that amendment, enshrined in their fundamental charter the right to ‘carry weapons in the case of confrontation’ for the ‘core lawful purposes of self-defense,’ District of Columbia v. Heller, 544 U.S. 570, 592, 630 (2008), they did not mean to leave the freedom to exercise that right at the mercy of the very government officials whose hands they sought to bind.”

Evan Nappen 07:49

It goes on in Paragraph Two to say, “The State of New Jersey has, apparently, not gotten the message. New Jersey is piling on its suppression of the fundamental right to keep and bear arms using every possible means, including its grossly unconstitutional Extreme Risk Protection Act of 2018 (“ERPO Act”), N.J.S.A. 2C:58-20, et seq. – a law that fails even the most basic requirements of Due Process and treats the Second Amendment worse than a second class right. The ERPO Act treats the Second Amendment as if it does not exist.” Further down in the complaint, it says, “Notwithstanding last year’s stark judicial reminder that New Jersey may not disregard the fundamental right to keep and bear arms, . . . ” And that reminder, by the way, was the decision by Chief U.S. District Judge Renee Bumb, entering a preliminary injunction against certain acts of the so-called Carry Killer bill. The Complaint says here, “The ERPO Act allows certain petitioners, including police agencies, to completely disarm

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an individual on an ex parte record, . . .” meaning without any participation by the party being disarmed, with no due process for the person being disarmed, “based on hearsay, and based on a nebulous and weak standard of proof identified merely as ‘good cause’.”

Evan Nappen 09:31

“It was on such a thin ex parte record that the New Jersey State Police Defendants suddenly showed up at the home of long time attorney David Burg with a Temporary Extreme Risk Protection Order (‘TERPO’) and seized all of his firearms, rendering him utterly defenseless and entirely unable to exercise his fundamental right to keep and bear arms.” The complaint goes on and says, “What was Mr. Burg’s heinous offense? Mr. Burg had several days earlier exercised his right of lawful self-defense by showing the muzzle of his lawfully carried Glock 43x micro-pistol to a driver who had been relentlessly and threateningly pursuing Mr. Burg for miles.”

Evan Nappen 10:30

“But the other driver got to the police first, and falsely reported that Mr. Burg had pointed a gun at him unprovoked. So rather than investigate the incident in a systematic and even-handed manner, the State Police Defendants, in an astonishingly unprofessional and irresponsible manner, applied the ‘Guy With The Gun Is The Bad Guy” Presumption. The result was that Mr. Burg was summarily disarmed and denied his fundamental constitutional rights without any opportunity to tell his side of the story and without the Defendants having had to satisfy even the most basic obligation to create a reliable and rigorous record. If this can happen to Mr. Burg, this can happen to any law abiding New Jerseyan who holds a Permit to Carry a Handgun and urgently needs to exercise her fundamental right to lawful self- defense outside her home. The ERPO Law is simply another means for New Jersey to disregard Bruen and unconstitutionally suppress the fundamental right to bear arms in public for lawful self-defense.”

Evan Nappen 12:03

This is a very powerful case, my friends. It is a case in which the plaintiff, David Burg, says right in the complaint that you can read online as well on the Association website. Mr. Burg says he’s a 67 year old attorney who resided in California until he and his wife moved to New Jersey in 2021. In June 1980, he graduated Magna cum Laude and Phi Beta Kappa from the University of California at Los Angeles, which is UCLA, with a Bachelor of Arts Degree in History and, after working several years as a musician, in May 1987, he graduated from the University of California Berkely School of Law with his JD, which is a law degree. Burg took and passed the California Bar, and he was admitted to practice before the Courts of the State of California. He subsequently was admitted to practice in other courts, including in Arizona. In 2022, he passed the New Jersey bar and was admitted there. Mr. Burg has practiced as a business and entertainment litigator continuously since 1987. He was employed by NBCUniversal for 10 years. During most of that time, he served as Senior Vice President, Litigation, overseeing all global litigation for Universal Studios film, home entertainment, studio facilities, and theme park businesses. He is still practicing with a firm that has a boutique business and entertainment litigation based out of LA.

Evan Nappen 14:00

He has, obviously, no disqualifiers, etc, for firearms, and he is a passionate student and lover of the United States Constitution. He is particularly devoted to the Second Amendment, as he fervently

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believes in the right to keep their arms as enshrined in that document. So, we have a really worthy plaintiff here. I’m proud to be defending him on the criminal charges, and this civil action now is going at the Extreme Risk Protection law that was placed upon him. And you may say, well, what happened? Well, if you read into the complaint, you’ll see that, in addition to being a practicing attorney, he’s a lifelong musician. Shortly after moving to New Jersey in 2021, he formed an 8-piece classic rock band, and he was booked to perform at Plumsted Township Independence Day fireworks celebration, and that’s where he was heading.

Evan Nappen 15:29

At that time, he was traveling in a steady flow of traffic, and he noticed in his rear view mirror that a small car had barreled up to him and was tailgating him, frequently within a car’s length from him. It made him quite uncomfortable, including because his precious musical instruments were in the rear of his vehicle. He was concerned they would be irreparably damaged if he had to unexpectedly brake, and this tailgating car rear-ended him. He had a fear of that, so he gently tapped his brakes to communicate his desire for more space. The other driver did not back off. He tried again, and the person reacted by tailgating, weaving, and gesticulating toward him even more aggressively. Burg wanted nothing the further to do with this person, and on two occasions, he activated his right turn signal and searched for a place to pull to the right shoulder to let this guy pass. He pulled as far as possible onto the right shoulder, and slowed or stopped to let him pass. Both times, rather than passing Burg, the driver pulled his vehicle into the shoulder directly behind him in an aggressive and confrontational manner and slowed or stopped the apparent intention of exiting his vehicle to confront Burg.

Evan Nappen 16:53

Burg felt quite threatened by this behavior. So, on both occasions, he immediately returned his vehicle to the flow of traffic. On both occasions, the other driver darted his vehicle directly behind Burg so as not to allow another car between them and continued chasing him down Route 537. Although Burg was generally unfamiliar with this area, he knew his destination, and Plumsted was a short distance off. He anticipated that there would be law enforcement, so he decided to do his best to ignore this apparent lunatic who was chasing him down 537. He kept driving to his destination.

Evan Nappen 17:37

Unfortunately, he encountered a red light, which was at the intersection of 526. At that point, 537 opens into two southwest lanes of traffic, plus a left-turn lane. Approaching the intersection, Burg saw the road-raging driver initially indicating he was turning right. So, Burg proceeded away from him into the left lane. Once he did this, however, the other driver suddenly veered to the left of Burg’s vehicle in an attempt to overtake Burg’s vehicle, forcing Burg to brake in order to avoid hitting him. The other driver then pulled his vehicle into the left-turn lane directly next to Burg. When Burg stopped for the red light, there were several stopped cars in front of him, a line of stopped cars to Burg’s right, and cars stopped behind him. The other driver then deliberately stopped short in the left-turn lane immediately to his left, completely trapping Burg, despite several car lengths of open space in front of his vehicle.

Evan Nappen 18:40

Although Burg’s light remained red, the left-turn arrow quickly turned green in the other driver’s lane, but he didn’t move, though no cars were in front of him, thereby blocking cars behind him from

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proceeding to turn left. Burg initially inched his vehicle forward, trying to gauge if there was enough room to escape, but there was not. The other driver — who appeared to be a young man in his mid- twenties, promptly rolled down the passenger-side window and began incessantly shouting and cursing at him, threatening to “kick your ass”. This confinement and verbal confrontation continued for about 30 seconds. Throughout this stressful time, Burg believed the other driver would either physically attack the 67-year old Burg right there, or, when the life finally turned green, he would dart back into traffic, directly behind Burg’s vehicle and doing the same chasing down the highway. Initially, Burg did not roll down his car window but instead repeatedly shouted back to the driver to leave him the “F” alone and get the hell out of here. The other driver did neither.

Evan Nappen 19:56

Terrified that the driver would drag him from the car and beat him bloody, either right then or further down the road, near the end of this approximately 30 seconds of confinement, Burg rolled down his window, turned to his left to face the driver, carefully drew his firearm from the holster, raised it in his right hand with his finger off the trigger, and held it inside his vehicle, mid-body, slightly above the height of the window while pointing it at the vehicle that was entrapping him just long enough to utter the words “leave me the fuck alone asshole.” Burg had no intention of firing his weapon, which he could not physically have done without first deliberately retracting the slide to chamber a round, as he did not have one in the chamber. Rather, his sole purpose was to instill fear in this other driver that Burg was capable of defending himself, if necessary.

Evan Nappen 20:51

Immediately after Burg produced his weapon, the other driver finally began driving forward. This caused Burg to turn back to face forward, and he realized the light in his light direction finally had turned green. He began driving forward and, as the other vehicle was no longer visible, he believed the other driver had proceeded to turn left. In fact, the other driver stopped short after Burg’s vehicle had departed and veered across two lines, making a right turn into a restaurant parking lot. This dangerous and extreme move to the right by the other driver made it clear the only reason he pulled to the left was to continue his aggressive course of threats and intimidation toward Burg. Burg was gratified that briefly producing his weapon in this manner had quickly and effectively diffused an ominous and extremely threatening situation. He continued his journey without further incident, and his band later set up and performed a three-hour show.

Evan Nappen 21:56

However, that incident led to criminal charges and to the TERPO. All of that being done because he lawfully exercised his right to self-defense. Here we have a case that is going to challenge what is sorely needing to be challenged. So, check out anjrpc.org, and you can read all about it. You can read the full complaint, which I just read some excerpts to you. It’ll be a very important case in the fight for our rights. Not only that, but you want to make sure that you are a member of the Association. Please join. Go to anjrpc.org. You’ll be able to get email alerts on the progress of this case and all the other fronts that your number one gun rights protection group is pursuing. You want to be a part of that, part of the fight for our rights.

Evan Nappen 23:12

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I also want to mention it’s important for you to have my book, New Jersey Gun Law. It is the Bible of New Jersey gun law. It is an incredibly valuable tool that judges, police, prosecutors and 1000s of plain old, ordinary, law-abiding gun owners use every day. And that’s why I wrote it. So that you can hopefully navigate through New Jersey’s insanity that it calls its gun laws. It’s 120 topics, all in a question and answer format. You can buy it right from EvanNappen.com. Go to EvanNappen.com and buy a copy today. You’ll be glad you did. When you get your copy, scan the QR code right on the front and get in my free subscriber base. I don’t do anything with that list. It stays private, but you will get updates. You’ll be able to access the archives or any updates to the book that has already been done. This way your book will stay current. It is a labor of love, folks. So, make sure you get a copy. It’s over 500 pages, and well worth it. It’ll help save your freedom, maybe even your life. It is the Bible of New Jersey gun law. Got to EvanNappen.com.

Evan Nappen 24:46

Also, let me mention our great friends at WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. They are centrally located right off the parkway. It is so easy to get to. It’s a great range. It’s where I personally shoot. They have phenomenal training. It’s where I got my CCARE. My brother got his CCARE there, and my son got his CCARE there. They have excellent trainers. Everything you need. Get your CCARE, so you can get your Permit to Carry. They have plenty of other training, too. From the most basic to the advanced shooter, anything you need. They have a phenomenal pro shop. It is just a great, friendly, fun range, and they will treat you like family. Go to weshootusa.com, WeShootUSA.com. Check out their website. You can learn all about the wonderful things that they offer and see their beautiful photography. They pride themselves on their photography. Go to weshootusa.com.

Evan Nappen 25:56

So, I just got back from Houston, Texas. I was out there for U.S. Law Shield, which I’m part of. You know, defending gun owners through U.S. Law Shield. After that meeting, we had a little bit of extra time, and my wife and I decided to visit a couple fun places in Houston. We went to the Houston Zoo, which was, of course, a first class zoo, a great zoo. I was telling my wife, well, I found two places for us to go. I know she loves animals, and so do I. So, let’s go to the Houston Zoo. She was all on board for that, 100%, and we had a great time.

Evan Nappen 26:42

But I also had another place that I wanted to go. I told her that this is other place looks really cool, and I think you’ll really like it. Oh, hon, what is it? It’s the National Museum of Funeral History. (https://www.nmfh.org/) Yeah, I know. That was about the reaction she had as well. I said, well, it is almost Halloween and seems kind of appropriate. I got to tell you, folks, if you’re ever in Houston, that is one cool Museum. It is very interesting. It’s not schlocky. It’s very well done, and it has an amazing collection of hearses, number one. I mean, all through the ages. From horse and buggy to sleigh hearses. Beautiful woodwork. Amazing early vehicles, from the 20s, 30s, 40s. Just a magnificent collection. Unbelievably decorative Japanese hearse, like from the 70s. You can’t believe it when you see it. The hearse that Princess Grace was carried in. You know, it’s a Mercedes. Just really cool stuff. Fundamentally, just amazing.

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Evan Nappen 27:48

Then they have an entire wing called the History of Embalming. We got a kick out of that. You know, beginning with the Egyptians. Just amazing stuff. The history of Papal funerals. Yeah, papal funerals there. Absolutely, tracing them all. Relics and displays of famous individuals’ funerals and deaths. Mourning photography. You may know that about 150 years ago, they took pictures of the deceased, so you’d have a final remembrance. Those photographs are very interesting, and something that really we don’t do today, at least, not regularly for family. It just was a really interesting museum that I want to mention. If you’re in Houston, check it out. You’ll also find their souvenir shop has a lot of very interesting things that they sell. If you want to get a flask for your bourbon shaped like a casket, they have it. They have all kinds of interesting things. So, check out the National Museum of Funeral History. I think you’ll get a kick out of it.

Evan Nappen 29:14

So, I have some ask Evans that I love doing our letters. This week’s Ask Evan is from David regarding PTC, Hunting and Animal Hospitals. Hey, Evan, not sure what happened to my last question, but the form submitted prematurely. That’s okay. We did get your question, David. I have two PTC-related questions that might be good for the podcast. Could animal hospitals and veterinary offices fall under the health care sensitive places ban?

Evan Nappen 29:46

Yes, in fact, they could. It’s not clear, but it very well could. I would avoid anything with medical offices at all, including veterinary hospitals because technically they are hospitals, and you don’t want to be the test case on that one. So, stay away from those places. Second question related to carrying while hunting. You touched on this topic in January when the legislature passed the hunting bill that they completely messed up. But the current version of the hunting and trapping digest provided by the State, the following can be found, suggesting that PTC and carry is now good to go. And he quotes the law essentially. Amending N.J.S.A. 23:4-12, 13, 24, and 44, authorizes the carrying of a handgun while hunting, if the handgun is legally owned and the person in possession has a valid NJ concealed carry permit. Handguns are still not legal for taking/ attempting to take wildlife. N.J.S.A. 2C:58-1 et seq. states that you must have your concealed carry permit on your person while carrying a handgun.

Evan Nappen 30:53

Then Dave further says, so would this fall under the same situation that you discussed regarding the state police firearms FAQ page and the guidance given there under official capacity? Additionally, if it’s now okay to carry while hunting with a PTC, do any other sensitive places still apply? So, here’s the deal, David. You’re absolutely right. Because the Official Digest has now stated that you can carry while hunting, whether that is correct or not, if you rely upon that, then you have what we call in New Jersey “ignorance or mistake of law”. And that’s what we had discussed before. There’s an actual affirmative defense in New Jersey called ignorance or mistake of law when you rely on the official statement of the Government official or agency empowered to do it. Here, Fish and Game, in charge of this, is saying publicly you can do it. Furthermore, working through with Dan Schmutter, a colleague and attorney, he also confirmed through the Attorney General that that would be the case. They’re following the guidance in that same way. So, whatever the law, however poorly written and whatever, well they’re saying this is what it means. If you’re relying on that statement, and there you have it, then in a worst

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case, you do have the affirmative defense of ignorance or mistake of law. So, your reasoning is correct, David.

Evan Nappen 32:26

Yes, you still have to be aware of any other sensitive place problems. It doesn’t exempt you simply because you’re hunting from any other sensitive place. So, if it’s a private property, for example, that you don’t have permission to be carrying on, then you have a problem. You can’t do that. So, the sensitive places do apply, but as long as it’s not a sensitive place, the idea that you’re hunting with your carry gun is, in and of itself, now permitted at a minimum, by way of the official statement. So, thanks David for the great question.

Evan Nappen 33:12

This is from Ken, and Ken asks, regarding intra-family transfer with interim holding period for long guns. I’m a frequent listener of your podcast and also a life member of the NRA, ANJRPC, US Law Shield, and owner of your NJ Gun Law, 25th Anniversary Edition. Well, you have met all the key points there. So, I’m proud of you, Ken, and I am happy to answer your question. We have a situation in the family where I could use some guidance. My 18-year old grandson “Bill’s” other grandfather, “Joe”, has some concerns about his health and that he may not be around when our grandson turns 21. Bill, Joe, and I all have a NJ Firearms ID Card and are residents of NJ. From the book, Page 266, thank you for quoting the book, I’m aware Joe could legally transfer his shotguns and rifles to Bill using only the NJ Certificate of Eligibility Form without FFL involvement. That is correct. However, Joe desires to have me hold the long guns until Bill turns 21 and then make the presentation as a thoughtful gift from Joe. What are my options for correctly doing this? I am willing to carry out Joe’s wishes, but I want to make sure I don’t open myself up to a tour in the New Jersey Gulag. Well, that’s always a wise thing to beware of. Or become fodder for one of your future GOFU segments. Definitely a good thing to avoid. Any guidance appreciated. Thanks for your great work on behalf of gun owners in New Jersey.

Evan Nappen 34:49

Well, you’re welcome, Ken. So, in New Jersey, you can make the transfers without going through an FFL if it is to immediate family members. That does include grandparents making the transfer and parents making the transfer. Now, if you or the other interim person take possession, they’re not really an interim person. They are the person taking possession. So, the firearms would become, essentially, that persons. Now, if down the road that person wanted to make that transfer, they could again make the transfer, still under the same provision. It’s the idea of making an interim or a holding person that I don’t particularly care for, and it’s not necessary. Because if the situation changes, if for some reason, the ultimate person to receive it is no longer qualified to receive it, or there can be a number of factors. But if the transfer is made lawfully, which it can be, even initially and then subsequently, a transfer gets made lawfully, which it can be, then that is the way to proceed. However, don’t bind yourself in any way to that transfer taking place. But when the time comes, if the new possessor’s wish, independently, is to do this and maybe also have in the back of their mind that this was something that the person originally would have liked to see happen as well, then that’s perfectly fine. You’re doing the paperwork anyway, and you’re just not going through the dealer as allowed under the statute.

Evan Nappen 36:57

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The other possibility is for it to be left via a will or by bequeathing it if a person wishes to officially leave firearms, then it doesn’t matter about paperwork at all. So, if the will says that I leave my guns to whoever, as long as that person isn’t disqualified, then the guns pass to that person without any paperwork or registration under New Jersey law. You can read that in my book regarding firearm estates and inheritance of firearms. So, you have a couple of options there. And Ken, I appreciate your being a big fan, and for a great question. It’s of concern to many people.

Evan Nappen 38:01

I have another letter here from Will who says, Hi Evan. I listen to your podcast every week, and I really appreciate everything you do. Both of my grandfathers had a firearm. Upon their passing, both over 30 years ago, my father took over those firearms. He passed away in 2010. A few years ago, I obtained my Firearms ID card. Am I able to take the firearms since all previous owners are no longer living? What are my options here?

Evan Nappen 38:30

Well, some things are not clear in your letter. Basically, if you inherited the firearms from your father and you were not otherwise disqualified, being a convicted felon or something like that, then it doesn’t matter whether you had your Firearms ID card or not. The guns are already yours if your father left them to you, or if you were the beneficiary of your father’s estate. They are already yours. If you have an FID card, well, that’s really good, and I’m glad to hear it. The fact that all previous owners are not living doesn’t matter, as far as the other folks. Your dad had the guns. Your dad’s acquisition of those guns were, they were his. The other how he got them, or whatever back then, you know, whether he did a certificate isn’t even legally relevant. The only thing that matters is he had the guns. They were lawfully his, I’m assuming, and therefore you may have, in fact, automatically inherited them upon his death. If you have a Firearms ID card now, that’s even better, because now you can transport your guns and buy ammunition and even buy new guns, if you choose. Thanks for the great question, Will.

Evan Nappen 40:04

What about this week’s drum roll, please, GOFU? Let me tell you this week’s GOFU, which is the Gun Owners Fuck Up. And do you know why we love GOFUs? Because with a GOF, you’re learning for free a very expensive lesson that others have learned and cost them, possibly their gun rights or their freedom, or a lot of hassle and a lot of money. This week’s GOFU is related to some of these topics we’re talking about and has to do with storage and transfer. You cannot store your guns at a friend’s house. There is no storing of your guns at a friend’s house in New Jersey. You either transfer the guns, and if you’re transferring to someone other than non-immediate family members, the transfer has to go through a dealer.

Evan Nappen 40:59

If you just give your guns to a friend, that’s a GOFU. And what happens if, for some reason, you get hit with one of New Jersey’s notorious TERPOs, “Red Flag”, or some other of the multiple means that New Jersey has for seizing and taking guns from people, and they end up tracking, tracing, wanting, forcing and requiring you to turn in guns, and they’ve been unlawfully transferred? You’ve got a problem. So, don’t do that. Do not store guns other than at an authorized FFL that takes guns in for storage. If you’re going to have somebody else hold your guns, then properly do the transfer.

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Evan Nappen 41:55

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

Speaker 3 42:06

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 E209_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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