Gun Lawyer

Gun Lawyer


Episode 211-Our Dreams Can Now Come True

November 10, 2024

Episode 211- Our Dreams Can Now Come True
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SUMMARY KEYWORDS


Trump victory, Second Amendment, executive orders, gun rights, pro-gun legislation, national constitutional carry, red flag laws, firearm transport, sensitive places, gun disqualifiers, Supreme Court, gun laws, gun ownership, gun rights, gun safety


SPEAKERS


Speaker 3, Evan Nappen, Jordan Peterson, John Stossel


Evan Nappen 00:16

I’m Evan Nappen, and welcome to Gun Lawyer. As you may recall, last week, we were left wondering what the future would hold for this show. We knew that Tuesday would be the most important day in modern American history and that what was at stake was nothing less than the future of our country, the future of our Second Amendment rights, the future of everything that makes us America. It was nothing less than that. I’m sure that all of you are just as thrilled with the result as I am, and I’m so glad to be with you today to talk about this amazing triumph by President Trump.


Evan Nappen 01:28

That man is nothing less than Herculean when you think about every challenge that he has met. Every low down, dirty thing that the other side could do to him they tried. They tried to defame him. They called him Hitler, Fascist, and Tyrant and all these things. They tried to lawfare him out of existence, and they failed. The media, the propaganda Imperial Media, in a drum beat of constant criticism and opposing him, and they failed. Assassination attempts. No less than three, if you include the Iranian plot, of which all the investigation has been released. He’s overcome all these challenges. It is nothing less than astounding.


Evan Nappen 02:43

Now, he has won, and he’s not just won. He didn’t just win the Electoral College. He won it by a landslide and crushed the blue wall. He won the popular vote. He has a mandate from the people. We see that the Republicans on his coattails have sailed to taking the Senate, and it appears that they will also take control of the House, which means we have the trifecta. We have complete control of all three houses of the Federal Government, all three branches, and we have our hero. The most amazing, toughest motherfucker on the planet is now our President Elect, and it is just amazing. I am thrilled beyond belief, and what the future holds here is so exciting. Not just to save our country and all the issues that we care about beyond guns, from the economy to immigration to crime to energy.


Evan Nappen 04:15

Not only that but look at the team. The team of amazing people that he has working with him to achieve this victory and now to serve with their incredible intellects, skills, and experience to make America, as



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President Trump said, “The New Golden Age”. That’s an understatement. I am convinced we are going to be the greatest single nation ever to exist in humanity’s time. I am so looking forward to seeing this, and our issue, our Second Amendment rights, will ride along as well in being protected. There are so many great things that are going to happen. Let’s talk about the things that President Trump has said he’s going to do, and the things that I hope we see happen as the legislature moves ahead. This is probably the greatest opportunity for us to enhance our Second Amendment rights since the election of Ronald Reagan. No exaggeration. Probably better even.


Evan Nappen 05:45

So, let me start here with an article that was written by Lee Williams called “A Blueprint for Trump’s First 30 days”. (https://www.thetruthaboutguns.com/a-blueprint-for-trumps-first-30-days/) I want to cut into his discussion of the Second Amendment, and then I’m going to add a lot of my own information for you to consider. One of the things that Mr. Williams points out, and it’s really exciting, is that President Trump said in May that he will end the more than fifty Executive Orders that Joe Biden issued oppressing our gun rights. President Trump will reverse all that oppression that the senile sock puppet laid upon us. Remember, Biden’s Executive Orders covered firearms and accessories. All kinds of things.


Evan Nappen 07:02

From privately made firearms, which they want to call “ghost guns”, you know, kit guns. Going at mandating serial numbers, getting the groundwork laid to have Universal Background Checks. Gun registration, which leads to the four words that you all should know by now. Legislation, Registration, Confiscation and Extermination. Also, stabilizing braces. Getting that gone. Going at the so-called “safe storage” requirements. Remember, Biden even created this absolute bullshit Task Force to go at 3D- printed firearms and so-called “Full Auto conversion devices” that are already prohibited and regulated as machine guns.


Evan Nappen 08:04

Here’s a quote from President Trump. “In my second term, we will roll back every Biden attack on the Second Amendment — the attacks are fast and furious — starting the minute that Crooked Joe shuffles his way out of the White House.” God, I love that man. Trump is just the best. Trump also said that he would fire Steve Dettelbach, the anti-gun choice to lead ATF, and also he will go at the White House Office of Gun Violence Prevention and the Bipartisan Safer Communities Act, which has billions for “Red Flag” laws that take away and oppress us with no due process, taking our guns and gun rights. Trump also said that he will appoint a pro-gun Attorney General “who will stop the weaponization of government against lawful gun ownership and who will prioritize traditional law enforcement by catching and punishing criminals.”


Evan Nappen 09:33

This is just so exciting. It is just invigorating. And, of course, with President Trump back in office and with the Senate in full control of the Republicans, SCOTUS, the Supreme Court of the United States, is safe. Safe from the progressive left oppressors packing the court and changing its dedication to the upholding of our Constitutional rights, particularly the Second Amendment. Don’t underestimate the impact of that. It was President Trump, in his first term, that got us three pro-gun judges that got us the



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Bruen decision. Now with President Trump retaking the office, we will see a greater, stronger Supreme Court from his efforts. So, this is just magnificent.


Evan Nappen 10:45

Now, in addition to those great things, which are just wonderful in and of themselves, I also believe we’re going to see and should see, and I would hope to see progress on legislative goals and getting pro-gun rights legislation passed and made law. We need what essentially would be a brand new Gun Owners or Firearm Owners Protection Act. Remember, Reagan signed the original. We can put a package together or get these things done individually. And I think these things should include, number one, National Constitutional Carry. The legislator, Rep. Thomas Massey (R-KY) has put a proposed bill forward. (https://massie.house.gov/news/documentsingle.aspx?DocumentID=395664) National reciprocity is obsolete, my friends. The time now is for National Constitutional Carry, so that every law- abiding American can carry the most effective means to defend themselves without needing a permission slip from any Government. And we can make this happen. We absolutely can.


Evan Nappen 12:14

We can repeal the Hughes Amendment. The Hughes Amendment banned new production of fully automatic firearms and that can go. It wasn’t even properly passed to begin with. There are no reason why law-abiding citizens cannot possess firearms. Who cares if it fires one bullet, or more than one bullet, with the pull of a trigger? What a false distinction about anything. It’s a gun. It’s a personal firearm. It’s protected by the Second Amendment, and we should be able to have them and own them. They should be able to be made. The Hughes Amendment needs to go.


Evan Nappen 13:03

We need not more “Red Flag” laws, but a national ban on “Red Flag” laws that violate due process, that take our rights, that take our guns, which are used as a tool of disenfranchisement of our rights and used as a tool to steal our guns and our rights. These things are no good. New Jersey is a glowing example of their abuse. And it is time. We can get that passed, too, and at a minimum, ensure that any state that has such a law that there is absolute protection of due process before any action gets taken. The complete opposite of what happens in New Jersey. I want to see the federal disqualifiers for owning guns pulled back. For example, the prohibition on whether somebody uses marijuana or not is absurd. That should not be a gun disqualifier. Many states have legalized marijuana. No matter how you feel about marijuana. It is wrong to, on one hand, have the legalization and then make it, if you use it, you’re banned from having guns. Should you say anybody that uses alcohol at all is banned from having guns? It’s just as stupid. It’s got to go.


Evan Nappen 14:46

But we need to go even further than that. We have prohibitions that prohibit felons from having firearms. Now, some folks may say, well, I don’t want felons to have guns. But you have to understand that the ban on felons having guns originated with it being “violent felons”, violent felons. Then suddenly the need to make just violent felons be prohibited gets expanded to felons generally. Then felons generally was expanded to misdemeanors. That’s right. People who commit misdemeanors that fall under domestic violence. So, now it’s no longer violent felons or felons, but misdemeanors. Then anyone with a civil restraining order. That isn’t even a criminal conviction. And it’s done in a summary



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manner, and you lose your gun rights. It’s the slippery slope of gun banning by disqualifier. We need to pull these back, if not completely eliminate them.


Evan Nappen 15:58

All these broad stroke disqualifiers instantly disenfranchising individuals who present no current threat. Let me tell you this. We should at least have a mechanism in federal law that you can get any disqualified rights restored with some process at the federal level. The way ATF used to have the Relief From Disability, where you could get your rights back if you were able to show that you were not a danger, that you were not a threat, that you were not a problem. You could regain those rights. Right now, if you have any Federal felony conviction, you can’t get your rights restored.


Evan Nappen 16:51

As we’ve talked about before, there’s institutionalized racism throughout our convicted felons, where blacks are six to one to whites convicted felons. Hispanics are two to one. And yet, no mechanism is available for those individuals to regain their rights. Even though they’ve proven themselves to be good, hard working people that have reformed and are no danger to anyone. We can get laws passed to fix and change this to regain Second Amendment rights, at least for those that are no threat. Honest citizens that should not be stripped of this fundamental right.


Evan Nappen 17:37

We need to repeal the FSA, the Federal Switchblade Act. That archaic, stupid knife law that was passed in response to the media of the ’50s. You know, West Side Story and James Dean. Everyone knew the cause of youth violence was a switchblade knife. I mean, come on, already. The automatic knife is no more dangerous than any other pocketknife or fixed blade knife. The Government, in defending in the federal case against the Switchblade Act said, oh no, no. This challenge shouldn’t continue because we don’t enforce it anymore. Well, if it’s not enforced anymore, take it off the damn books! It’s time.


Evan Nappen 18:31

We need to strengthen the provisions that allow us to transport our firearms interstate under the interstate transport law, Title 18, 926A. This lets you go from one place where you legally can possess firearms, possess and carry, from one place to another where you can possess and carry, as long as your guns are cased, unloaded, not readily accessible from the passenger compartment, etc. Well, we need to enhance that and make it so we can transport our guns. Tie it into national reciprocity as well. Make it so these little anti-gun rights bastions of gun rights suppression, can no longer turn law-abiding citizens into criminals who travel from other states with their guns. It needs serious enhancement. We can tie it in to that national reciprocity.


Evan Nappen 19:32

We need to enable the ability for non-residents to buy handguns in other states. We have a National Instant Check System (NICS). Why can a resident only buy a handgun in their resident state? We can buy long arms in other states, as long as the dealer obeys the law of the dealer state and the non- resident state. Why shouldn’t that apply to handguns as well? You know, in the Gun Owner Protection Act where we got the ability to buy long arms in other states, it originally included handguns as well. It



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was a gun rights oppressor in the Senate that got “handguns” removed. It’s time to put it back, so that we can buy handguns anywhere in America! As long as you follow the law, you should be able to buy it and not be restricted by residency. Especially in today’s age where we move around the country easily and over state borders. This needs to change.


Evan Nappen 20:39

This right now is the greatest opportunity we have ever had to change the entire dynamic, to enhance our rights, and to remove these horrible gun laws. I’m confident that President Trump will do his utmost to see it accomplished, and we need the Republicans in the legislature, both houses, to get these laws passed now, while they have the power to do so. We’re going to keep talking about these things, and I’m excited for our future, my friends. I’m sure you are as well. At least you should be. By the way, let me just add one quick thought. Do you know what Willie Brown and the 2024 election have in common? Kamala blew both of them! Anyway, I think that was just the best joke of the entire election, and I thought I’d share it with you.


Evan Nappen 22:01

I want to mention to you about our great State Association, the Association of New Jersey Rifle & Pistol Clubs. They are the NRA affiliate and the state Association. They are the number one gun rights defender in New Jersey, and I’m proud that they’re a sponsor of our show. The Association is fighting so hard in New Jersey. They are making tremendous progress on the court cases, challenging the carry case, the carry killer law, challenging the assault firearm, you know, the modern sporting rifle ban and the standard capacity magazine ban. We’ve been able to get Attorney General opinions helping our gun owners. I’ve used a number of those opinions just this week to save gun owners from being destroyed by New Jersey gun laws. Your state Association needs you. You need to be a member. Go to anjrpc.org and join today. Be part of the solution. It’s critical. When you join, you’ll be sent the email alerts. You’ll know what shenanigans are going on in Trenton. You’ll be able to follow the legislative and judicial fights, and you’ll be on top of any issues that require your attention, so that we can fight in a unified way.


Evan Nappen 23:37

I also want to mention our good friends at WeShoot. WeShoot is a fantastic indoor range in Lakewood, New Jersey. Right there in Central Jersey. Easily accessible off the Parkway. WeShoot runs all kinds of exciting events. They have a great range with super folks there. It’s where I shoot. It’s where my family shoots and where I got my training. Well, I want to mention that WeShoot has something great coming up. It’s really great. It’s the 2A Diversity Shoot. Do you know what a diversity shoot is? It’s a wonderful expression of diversity. It is “Equal Rights, Equal Sites”. What the diversity shoot is, of course, is a good friend and great man, the legendary Tony Simon. He is known as the mightiest gun bunny in the land. He is hosting the 2A4E, Second Amendment For Everyone, diversity shoot at WeShoot on November 21st. Set your sights on that date. It’s from 6pm to 9pm at WeShoot in Lakewood, and it’s only $20. That’s it. Only 20 bucks.


Evan Nappen 24:58

You get to spend the evening with Tony Simon. He is “the heavyweight of hilarity”. For a session more thrilling than a high caliber burst. Target the newest tech. Pull the trigger on testing the newest firearms,



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including some great rifles as well. Feast on firepower. Enjoy free pizza and refreshments, including Kosher options from the KAVA coffee house, because at the range, diversity is everything that WeShoot does. Prize targets in sight. Keep your eyes sharp. Fabulous prizes await those with a keen aim. Fully loaded fun. They’ve got it all. The targets, the gun rentals, and the ammo. All courtesy of 2A4E sponsors at WeShoot. So, don’t miss it, folks. Reserve your place now and put it on your calendar to go see Tony Simon. Go to weshootusa.com. That’s where you can find them. Their website is weshootusa.com. They have a fantastic day planned here. You can participate in the famous diversity shoot and stand up for genuine diversity, the real deal, and at the same time support Second Amendment rights.


Evan Nappen 26:35

Let me also mention to you my book, New Jersey Gun Law, the Bible of New Jersey gun law. It is the book you need to navigate the insanity of New Jersey’s gun laws. It’s 120 topics, all in a question and answer format. It is utilized by the New Jersey State Police Firearms Division. It’s utilized by judges, lawyers, and, most importantly, thousands of New Jersey gun law, not gun lawyers, gun owners. There are some gun lawyers that use it, including yours truly. I frequently refer to my own book, and I’m sure you will too. So, if you want to get your copy, go to EvanNappen.com. That’s my website. Surprisingly, it’s my name. EvanNappen.com. You will see the big orange book there. Just click it and order your copy. You’ll have it in a matter of days. When you get it, scan the front cover so you get in my free subscriber database. That is private, and it’s free. That way you can access the archives for the updates. And let me tell you, folks, there’s going to be a lot of great updates, that’s for sure. So, you want to be on top of it. We’ve got great things coming in the future here, and you can access other information that I put there for my subscribers only. You’ll get the emails from me giving you a heads up so what’s coming down the pike, or things you need to know that have already happened. So, go to EvanNappen.com and get your copy today.


Evan Nappen 28:12

So, I want to share with you today a little clip of two of the folks that I have tremendous respect for and that I really admire. One is a fellow by the name of Jordan Peterson. If you’ve never heard him or listened to him, he’s great. And also, John Stossel, who is great. I’ve met John Stossel, too, and he is dedicated to defending our rights. He had as a guest, Jordan Peterson, and this clip is something that I want all of you to hear and to think about. By the way, check out more about Jordan Peterson and John Stossel and the great work that they do. But listen to this clip, my friends. I think you will enjoy it. Mr. Producer, if you please.


Jordan Peterson 29:10

It’s very helpful for people to hear that they should make themselves competent and dangerous and take their proper place in the world.


John Stossel 29:16

Competent and dangerous? Why dangerous?


Jordan Peterson 29:19

Because it’s the alternative to being weak, and weak is not good



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John Stossel 29:24

By dangerous, that implies I should be ready to threaten someone, to hurt somebody.


Jordan Peterson 29:29

No, you should be capable of it. But that doesn’t mean you should use it. Those who have swords and know how to use them, but keep them sheathed will inherit the world. That’s a way better way of thinking about it. There’s nothing to you, otherwise. Like if you’re not a formidable force, there’s no morality in your self-control. If you’re incapable of violence, not being violent isn’t a virtue. Capacity for danger and the capacity for control is what brings about the virtue. Otherwise, you confuse weakness with moral virtue. I’m harmless, therefore I’m good. It’s like, no, that isn’t how it works. That isn’t how it works at all. If you’re harmless, you’re just weak, and if you’re weak, you’re not going to be good. You can’t be. Because it takes strength to be good. It’s very difficult to be good.


Evan Nappen 30:11

I love that, and I think you did, too. Think about it, folks. When they talk about gun violence and when they want to take away our guns, they want to take away our morality. They want to make us weak. They don’t want us to be able to be “dangerous”, but we need to be dangerous. We need to have that ability, but not harm innocent people. Of course not. The idea as so beautifully expressed there is clear, and that’s what we, as gun owners, want to be, and what we strive to be. We have to be formidable. We have to be formidable. It’s being formidable that makes us who we need to be, to be moral and to have that ability. This is really great stuff.


Evan Nappen 31:17

And as gun owners, I think it really hits home. Because people who don’t understand that, people who aren’t willing to step up to the plate to be a defender, to be a protector, those people are weak. Those that are protectors and those that take on that responsibility, take it seriously and soberly and have a commitment to defending themselves and their loved ones and innocent persons. Those are the people that I love and respect the most. That’s the key. It’s the key, and it goes to the heart of, really, why we have firearms for defense. Why our Founding Fathers recognized it and made it the Second Amendment. They were incredibly moral people.


Evan Nappen 32:18

These are things you don’t normally hear in the Imperial Propaganda Media, but it’s something that has to be presented and become part of how you think and how you view yourself and the world. That’s why I wanted to share it with you, because it is that impactful. Both John Stossel and Jordan Peterson have great things to say, and I would encourage you to look further into both of their works. You will find many things that will improve your own life and your own outlook on life. How you guide yourself through life and understand the very things that make us who we are.


Evan Nappen 33:22

Now, I’ve got a letter here from the Ask Evan files, and this is from Bill, regarding carry in the car. He says, Hi Evan. I’m a loyal fan of your book and your podcast. I have a clarifying question that I’m sure I’m not the only one to have. I have a PTC, and I carry to work. My client does not allow concealed



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carry so I leave it locked in the car, unloaded. If I go to lunch with clients and drive them, I don’t want them to know I carry. Is it okay to leave the gun locked in its case, in the car, unloaded while going to and from lunch? I’m sure that’s not the only scenario where this can happen, but it is my situation. What do I say if I’m stopped by police? I know I have a Duty to Disclose, but is it okay to transport firearms in this situation?


Evan Nappen 34:06

This is a question that comes up a lot, and it’s important to know. Now, you can carry at work unless your work prohibits you. But if there’s no prohibition and your work is not in a sensitive place, then there’s nothing that stops you from carrying a work if you have a carry permit. In this case, Bill’s client does not allow concealed carry. So, he locks it in his car. You have the ability to secure and lock your firearm. Now, if your employer doesn’t allow firearms on their property, then you could have a problem with your employer and your employment. So, if you’re going to choose to work there, you have to follow the rules of your employer. But if you are transporting and you’re stopped by police, then, yes, you do have a Duty to Disclose. Even if you’re transporting and you have a carry permit. As I’ve discussed, you still have to disclose, and you have to produce your carry permit for the officer. So, this can create that situation, but you’re not prohibited unless you have a relationship or some other rules at your place of employment, or if it’s a sensitive place. If it’s not a sensitive place and if there is no policy that you’re in violation of, then nothing is there to make it unlawful or improper for you to be carrying. It’s how it actually works.


Evan Nappen 35:44

But this does roll into this week’s GOFU. The GOFU, as I’m sure you know, the most popular segment on the show, is the Gun Owner Fuck Up. And why do we talk about GOFUs? Because the GOFU is an expensive lesson that somebody else has learned, that you get to learn for free. This week’s GOFU is about making sure that you are aware of the sensitive places, and you don’t risk carrying in the sensitive places. I know that seems obvious. But, my friends, I keep getting cases of individuals that unfortunately ended up carrying in a sensitive place, whether knowing or unknowingly, and it ends up escalating to where you’re going to lose your gun rights, possibly become a convicted felon, and go to prison. It’s an enormous risk. It’s enormous. You have to be diligent. You cannot risk it. You need to follow and obey the sensitive places until we wipe them out in the court case. Particularly the case being brought by the Association, by ANJRPC. Until then, you must obey and abide by them. Otherwise, you can be personally destroyed.


Evan Nappen 37:22

And when you are carrying, make sure you carry concealed, and it stays concealed. Not only is it required to be concealed, but the concealment helps you. It helps you because it’s not being seen by others. You’re not revealing your defensive edge. Why would you want to reveal your edge? Your protection? Keep it concealed for your own personal edge in protecting yourself. But also, if it’s concealed, then it is not going to be seen by others who can then make false allegations against you for possibly carrying in a sensitive place, or claiming you are carrying in a sensitive place. I have actual cases with this scenario. If a gun can be seen, then the police can be called, and you then will suffer. Don’t be a GOFU. Keep your gun concealed. Make sure it stays concealed and be super cognizant of



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what is a sensitive place. Don’t make yourself vulnerable to being destroyed by New Jersey’s gun rights oppression laws.


Evan Nappen 38:56

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


Speaker 3 39:06

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 E211_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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