Episode 215-The Questions Keep Coming…
Also Available OnPodcast TranscriptGun Lawyer– Episode 215 Transcript

SUMMARY KEYWORDS

carrying while hiking, gun-free zones, sensitive places, Fauci protections, interstate transport, firearm

possession, hollow point ammo, disability exemptions, 3D printing ban, gun rights oppression, carry

permit, firearm ID card, gun law updates, New Jersey gun laws, gun transport

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:15

I’m Evan Nappen, and welcome to Gun Lawyer. So, I’ve gotten quite a few questions sent to me via the

Ask Evan question machine, and I’m going to go through these questions with you today because I

think a lot of these questions are shared by my listeners. Let’s take a look here. This one is from Sachs,

and Sachs says: Thank you for answering my question before. May I ask again? So, he’s coming back

for seconds. Here’s what he says. Hello Mr. Nappen. It’s Sachs, not from Fifth Avenue, again. I really

appreciate your detailed answer to my question on Podcast 210 about carrying fluted ammunition. It

was incredibly helpful. I hope it’s okay to reach out with two more questions.

Evan Nappen 01:11

First one is regarding carrying while hiking in New Jersey. When I read the Carry Killer bill, Paragraph

10, “a park, beach, recreation facility or other area or playground owned or controlled by a State,

county or local government unit, or any part of such a place, which is designated as a gun free zone by

the governing authority based on considerations of public safety” . . . placement of the comma before

“which is designated as a gun free zone” makes it very confusing. Does this mean it’s permissible to

carry in a park as long as it has not been explicitly designated as a gun free zone by the governing

authority? Or are we required to avoid all parks regardless of specific destination?

Evan Nappen 01:56

And I’ll tell you. It’s a good question, because it is so poorly written. Now, of course, I’m sure we can

argue that the designation is, in fact, required for any of these places. The problem is the enforcement

officer at the time may not read it this way, and I’m sure you don’t want to become the test case.

Currently pending, we have a challenge to these “sensitive places”. I would advise, especially in New

Jersey, to rule on the side of caution and not to carry in these places. Because first of all, you don’t

know whether it has, in fact, been designated. It may have been designated as that, and you may not

be aware of it. So, that’s a risk you’re taking.

Evan Nappen 02:53

Second, whether they have or haven’t designated it, and then if it’s going to be interpreted as that is just

a separate prohibitor, it just can get really messy and a problem. Until we get something clear with

direction on it, my advice is to just avoid those places. We should be hearing shortly from the AppellatePage – 2 – of 9

Court regarding the challenge to the Carry Killer bill by our great State Association, the Association of

New Jersey Rifle & Pistol Clubs that you all should be a member of. I just recently spoke with my good

friend and colleague, Dan Schmutter, who is running that federal challenge, and any day now, we may

hear from the Appellate Court. We may see more of the sensitive places being enjoined and that would

be great. This might very well be one of them. So, I will be advising, of course, on the Gun Lawyer

podcast about any of these court updates.

Evan Nappen 04:07

If you have my book, New Jersey Gun Law, and you have taken the time to scan the QR code on the

front of the book and you are in my subscriber base, you will get an email update about any of these

changes when that case comes down. So, I would strongly suggest getting a copy of my book at

EvanNappen.com. It’s the Bible of New Jersey gun law, and you should have a copy of it and be

registered with me for updates. That’s the only registration I approve of, because it’s private, and I get

to alert you and provide you with free access to the archives. I have an important announcement about

that as we continue doing the questions. I’ve put together a Comprehensive 2025 Update, which

incorporates all updates. So now, if you have my book, New Jersey Gun Law — 25th Anniversary

Edition, all you need to do is go to the Subscriber Portal, if you have registered by scanning that QR

code, you can easily access it and download the 2025 Comprehensive Update. I’ve updated it by

chapter. So, any chapter that has new laws, changes, additions, etc., I have put the entire chapter there

for ease of understanding. Instead of just putting the updated portion there, it’s the new chapter.

Evan Nappen 05:47

The other thing I’ve done that you’ll find very interesting is I’ve broken out of the carry permit chapter,

the sensitive places. This very issue here is now broken out into its own chapter. It’s under Carry Permit

— Sensitive Places. I have the up-to-date list of sensitive places and what has been enjoined or blocked

by the court and what hasn’t. This will be an excellent reference for you. So, if you have my book, New

Jersey Gun Law, make sure you’ve subscribed. Make sure you scan that QR code and join so that you

can access this update. I put a lot of man hours into preparing it for you, and it’s completely free to get

the update. You’ll make great use of it, and your book will be completely updated. And as any new

things come out, you’ll be able to get those new updates as well. So, go to EvanNappen.com and get

your book today. It makes a great gift for the holidays as well.

Evan Nappen 06:51

Also, make sure you belong to the Association of New Jersey Rifle & Pistol Clubs. They are the group

out there fighting for our rights in this Carry Killer case. They are going at it full bore, and we should see

some very interesting results. Regardless of the outcome, there is a strong likelihood that the fight will

continue. You need to be part of the solution. Join at ANJRPC.org today. You’ll get updates as well as

a great newsletter, and you’ll know that you are part of the solution.

Evan Nappen 07:29

The second question from Sachs is about FOPA, which is, of course, the Firearm Owners Protection

Act. When transporting my carry weapon on my way to Vermont, as Vermont is a Constitutional Carry

state, would FOPA protections apply when securely transporting my carry weapon to a designation

there, e.g., a hotel, through states like New York, Mass. and New Hampshire? If stopped in one ofPage – 3 – of 9

those states, would declaring Vermont as my destination suffice or do you have other

recommendations for ensuring compliance?

Evan Nappen 08:00

So, that is exactly how FOPA works. FOPA for interstate transport of firearms. It’s Title 18 926A. It

requires that you go from one place where you legally can possess and carry to the other place where

you can legally possess and carry. In this case, if you’re going from New Jersey with your carry permit

and the gun that you carry, you can transport that gun through the bad states to Vermont, where you

can lawfully possess and carry your gun there. And as long as during the transport through the bad

states, your gun is cased, unloaded, and not readily accessible from the passenger compartment,

preferably in a trunk or all the way in the back of the SUV. If you put it in a lock box, that’s even better.

You’re able to transport through those states under federal preemptive protection.

Evan Nappen 09:04

Now, one thing I might add is that New York and Massachusetts are quite gun rights oppressive states.

They are, you know, one of the top states for gun right suppression. Interestingly, New Hampshire is

not. New Hampshire is actually freer than even Vermont. Although it is a Constitutional Carry state,

Vermont has still passed some anti-gun laws. New Hampshire is probably the most pro-gun state in

America, and New Hampshire has constitutional carry. New Hampshire is an excellent final destination

for firearm freedom. Yeah, FOA would cover you in New Hampshire, but you may as well load it up as

soon as you hit New Hampshire, while you head into Vermont with your loaded gun. Once you have

reached the upper part of New England, which is Vermont, New Hampshire, and Maine, all three of

those states are Constitutional Carry. But getting there requires you to cross the gun rights oppression

states of New York and Massachusetts. That’s where FOPA will be very handy to protect you, should

you become potentially a victim of the anti-gun rights bias, prejudice and evil that those states inflict on

otherwise law-abiding citizens.

Evan Nappen 10:41

Then Sachs goes further by saying, if you don’t want mind one more semi-related question. As a New

Jersey resident with a carry permit, if I’m flying to a state where we are allowed to carry and if we fly out

of JFK, can we use FOPA to transport and carry to JFK and declare them as required by law/TSA? I

assume flying out of Newark would be safer, but I figured I’d ask for your expert advice.

Evan Nappen 11:09

Here’s the deal, Sachs. Transporting to airports can be very tricky. Although FOPA seems like it should

have applied to airports, it’s not as clear as it should be. Now, I’m hopeful when President Trump takes

office, he has pledged to support our Second Amendment rights. I’m sure he will, and I’m hopeful that

we see a reform of FOPA to make it clear about traveling via the commercial airlines, etc. For now, I

would say, do not go to JFK because of New York law. Remember, you’re really at risk in those gun

rights oppression states. Newark is still risky, but if you have your permit to carry and you are doing it in

conformance with federal law, you should be okay. Beware of going there with handguns and not

having a New Jersey carry permit. I would not suggest that if you’re traveling with long arms. Make sure

you have a New Jersey Firearms ID Card. Make sure you do it in conformance.Page – 4 – of 9

Evan Nappen 12:24

Your best bet, really, for flying anywhere is to fly out of Pennsylvania and then go to the other pro-gun

state. Make sure that you check the laws of each state you are going to be going to and make sure that

you are legal to carry and possess in those states. So, it’s a bit more involved. FOPA is good, but it’s

not as good as it should be. You have to be careful. And like I said, Pennsylvania is a better bet. You

still could do it out of Newark, you know, but be careful. Make sure you’re fully licensed to possess that

firearm with the correct New Jersey license. Don’t rely on exemptions out of New Jersey, and I would

just flat out avoid New York. Thank you, Sachs. He ends the letter with, Thank you again for your

tireless support of our growing 2A community here in New Jersey. I truly appreciate the guidance you

provide. It is my pleasure and thank you for your great questions.

Evan Nappen 13:36

Hey, let’s take a look here at another letter. This is from Frank. Frank wants to know regarding disability

and a permit to carry and FID. I very much enjoyed listening to your podcast, and normally don’t miss

one. Well, that’s good. I think a worthwhile topic for the show is what the disabilities disqualify you from

having an FID. Here’s my story. I’m 100% disabled. Department of Veterans Affairs disabled. No mental

health, mainly for arthritis, headaches, irritable bowel syndrome. My lay person reading of the rules is I

should say I have no disability, but I’m not sure. I still have one more year left in the reserve until I can

retire, and the reserve still lets me carry a weapon. I hope my recent VA rating will not affect my ability

to have a PTC.

Evan Nappen 14:33

Well, the PTC, Permit to Carry, the Firearms ID Card, and the Permit to Purchase a handgun, are all

regulated by the same licensing statute in New Jersey. The same one. Which is found under N.J.S.

2C:58-3., and it is a subsection of that law, which is found under Subsection c. That lists the

disqualifiers for having a firearm license, whether it be any of those three licenses. It’s the same

standard for a PTC, FID Card and a pistol purchase permit as far as disqualifiers are concerned. The

statute actually says under “(3). To any person who suffers from a physical defect or disease which

would make it unsafe for that person to handle firearms, to any person with a substance use disorder

involving drugs . . . or to any alcoholic . . . unless any of the foregoing persons produces a certificate of

a medical doctor, treatment provider, or psychiatrist licensed in New Jersey, or other satisfactory proof,

that the person is no longer suffering from that particular disability in a manner that would interfere with

or handicap that person in the handling of firearms; . . .” (N.J.S. 2C:58-3.c.(3))

Evan Nappen 16:11

So, as you can see, Frank, the very first part of that is where, if anything, it would apply. It says, “To

any person who suffers from a physical defect or disease . . .” Frank is making clear that he suffers only

from a physical defect or disease. “. . . which would make it unsafe for that person to handle firearms . .

.” His physical ailments do not make him unsafe for handling firearms, because, as he stated, he is able

to carry in his role as serving in the military. So, that’s why that would be answered accordingly. Thank

you, Frank, for your question.Page – 5 – of 9

Evan Nappen 17:00

Now, let’s take a look here at another letter. This is from Ibrahem, and he says, Hello. In your recent

podcast, you mentioned 101 reasons for having ghost guns, and I wanted to ask you the following

question concerning the legality of 3D printing. Can I 3D print a handgun? Then he mentions the law

about a person to distribute by any means, including the internet, to the person not registered or

licensed to do so, digital instructions in the form of computer-aided design files or other code or

instructions stored and displayed, etc. Then he wants to know, can he 3D print a handgun?

Evan Nappen 17:44

The answer is, no, you can’t. Now that section of law he mentioned deals with the actual internet data,

or otherwise data file on your computer. New Jersey has banned the possession of even the data. It’s

an attack on our First Amendment rights! Just having the data doesn’t mean you’re going to make a

gun. It’s very broad, and this is something I think that can be subject to challenge. The problem is, of

course, you don’t want to be the test case. And that’s merely on possession of the data. If you actually

run the 3D printer and make a firearm, you’re now a manufacturer, and you don’t want to have that

GOFU, my friends. So, do not manufacture parts or guns, or anything with 3D otherwise, or even the

CNC machining, etc, the ghost gun machinery that’s out there, or anything like that. Even if you make

only one gun, New Jersey will attempt to claim, and we’ve even had cases on it, to your being a

manufacturer. So, be very careful.

Evan Nappen 18:54

Now, even though I did think about 101 reasons to have a ghost gun, it is not legal in New Jersey to

make yourself a ghost gun or have one. We want to fight to change those laws. We don’t want to see

such laws federally. The purpose of that list is to make an argument to stop the gun rights oppression.

But if you are in New Jersey, you are gun rights oppressed. Do not 3D print any type of firearm or 3D

print gun parts. Don’t be a manufacturer. New Jersey loves to go after folks for that. And then, of

course, if the firearms are in any other way prohibited, you’ll get slapped with additional charges. We

have those cases, as we speak. So, be very aware of that.

Evan Nappen 19:46

Now, one of our other good friends is WeShoot, which is an indoor range in Lakewood. It’s my personal

range where I shoot at, and my family shoots there. WeShoot is right in Lakewood, and it’s a great

range. I have some announcements to make from WeShoot. First of all, they have some pretty cool

optics and firearms that you can check out, including the Canik TTI Combat, which is a top-tier pistol,

built for reliability, precision and speed. It’s perfect for both tactical and competitive shooters.

Evan Nappen 20:26

They also have the Ruger Mark IV Lite, a lightweight, sleek rimfire pistol offering incredible accuracy

and an easy takedown system. It’s perfect for range days. Let me tell you about the new Rugers, folks.

I personally own a number of them. And, man, I love the Mark IVs. I don’t know if you’ve ever owned a

Ruger semi- auto .22 pistol before and were driven insane by trying to reassemble it. I mean, I love Bill

Ruger’s stuff! But I don’t know why he ever thought of that mechanism for it. Oh my, what a pain in the

ass. Well, the new Mark IV is as simple as it gets. You push the button, and it takes down. You clean it.

Oh my god, it’s just a breeze. I love the Mark IVs. I replaced my Rugers with Mark IVs. Got rid of myPage – 6 – of 9

older ones. Man, it’s just the greatest. The Ruger Mark IV is light, really cool, really great. If you need a

semi-auto .22, I can highly recommend the Ruger Mark IV. It’s super reliable, crazy easy to maintain

and clean.

Evan Nappen 21:33

WeShoot also has the EAA Witness 2311. This pistol blends the classic 1911 platform with modern

upgrades, delivering performance and versatility in one stunning package. WeShoot is also proud to

offer Arken Optics, a premium choice for high-quality, budget-friendly optics that ensure every shot

count. So, check it out at weshootusa.com. They have great products, and they have great courses.

You can get your CCARE certification there, of course, and you can enjoy their premier range facilities.

You will be treated like a family member when you go there.

Evan Nappen 22:20

I also want to add that WeShoot and myself and others, would like to point out John Petrolino, our good

friend of our show. John is a stalwart defender of Second Amendment rights. He is a prolific writer

dedicated beyond belief to putting out information that we use in our battle. I even use John’s stuff in

court cases. John is an asset and a blessing to our fight for constitutional rights. Now, let me just tell

you, John Petrolino also does what’s called “The Pen Patriot”. You can subscribe to “The Pen Patriot”,

and I would highly suggest you do. Well, John’s been nominated as one of the Top 2A Writers by the

Gundie Awards. So, what you need to do is vote for “The Pen Patriot” at https://thegundies.com/. Go to

the Gundie Awards and vote for The Pen Patriot (aka John Petrolino). He’s a Jersey boy and dedicated

to our rights. He is just a tremendous guy and indispensable in terms of the work that he’s doing. So,

please give John your vote on the Gundies and continue to read his byline. I always do, and I highly

recommend John Petrolino. Also, check out WeShoot, weshootusa.com, and you’ll be glad you did.

Evan Nappen 23:59

Hey, we still have more letters here. This is from Anthony regarding the use of hollow point ammo at

home. Mr. Nappen, I’ve searched every research I know of, and I listen your podcast every week. I still

need clarification on hollow point ammunition in the home. Now, I could have sworn I’ve talked about

this before, but that’s okay. I don’t mind repeating it because it’s good to know and get it back in your

head about how it works. The law states it’s legal to possess in the home, but no mention of use in self-

defense in the home. Possession and use are two different entities, especially here in the repressive

republic of NJ. Please shed light on another gray area of New Jersey gun law. Thank you for all you do.

Evan Nappen 24:42

So, the question is about the use of hollow point ammunition for self-defense in your home. Of course,

you can have hollow point, hollow nose ammo in your home. It is specifically exempt. You can bring it

from place of purchase to your home. You can have it at the target range, and you can have it even for

hunting, if it’s legal for hunting, like you’re using hollow nose slugs. But, the question is, can you use it

for self-defense in your home? The answer is yes but let me explain why. You can possess your

handgun, let’s say it’s a handgun that you’re using in your home. You can possess that by way of

exemption under N.J.S. 2C:39-6e., that exempts possession of that handgun in your home. If you have

a New Jersey carry permit, you’re also able to possess it by way of the carry permit. But you don’t have

to have a carry permit.Page – 7 – of 9

Evan Nappen 25:28

In your home, you can possess the handgun by way of exemption. You also possess the hollow nose

ammunition in your home by way of exemption. So, now you possess the handgun or firearm by

exemption. You possess the hollow nose ammunition by exemption. You can then load the ammunition

in the gun that you’re still possessing the ammunition and the gun by exemption. If you are justified in

the use of deadly force and thereby use deadly force to defend yourself, you may use the hollow nose

ammunition that you’re possessing by exemption in the firearm that you are possessing by exemption

to defend yourself. That is how it works. After you shoot the bad guy with the hollow nose bullet, the

bad guy can then be charged with unlawful possession of a hollow nose bullet, because he’s not

exempt to possess that hollow nose bullet in your home. I’m just kidding about the last part, of course.

But I’m not kidding about being able to use hollow nose ammunition it in your home. It’s legal, and that

is why and how.

Evan Nappen 26:45

Now let’s take a look at a letter from Anna. It says we have two businesses, both supermarkets, one of

the properties we own, the other property we rent. Are the managers of those two businesses allowed

to be in possession of a firearm? Well, you see this needs more details, and it’s more fact sensitive.

Under New Jersey exemption, there is a place of business exemption, but you need to be the owner of

the business, not just a manager. As a matter of fact, there’s an old case about an individual who, I

believe it’s State v. Valentine, if I’m not mistaken, where the individual was managing a bar. This person

did everything about the bar. They opened, closed, inventory, payroll, hired and fired — everything.

Everything the owner would do except own it. The owner was down somewhere, you know, in Florida,

whatever, and he just got a check every month. Well, this person left his handgun at the bar for

defense, and he was charged with unlawful possession. The court said, you are not the owner. So, you

could not have it there. You’re not exempt. That’s right. So, we have to be very careful about that if

you’re not the owner, just a manager.

Evan Nappen 28:18

However, if you, the manager, have a New Jersey carry permit and if given permission by the owner,

you can carry. Now, first of all, if it’s a place open to the public and if it’s not a sensitive place, they can

carry there. And if you’re good with them carrying a handgun and give them permission to carry there,

then they could carry with a New Jersey carry permit at the businesses. So, instead of relying on

exemption, they can carry with a New Jersey carry permit, which is not reliant upon exemption. The

only problem would be if it is a sensitive place, but it’s not a sensitive place if it’s open to the public.

Then the other complication could be if a business doesn’t want their employees to be armed. Then we

wouldn’t want them to lose their job over it. But, if you say it’s okay and it doesn’t put their job in

jeopardy and they have a New Jersey carry permit, then that would be the best way to carry at both

properties. Instead of trying to make sure the individual fits with an exemption by being owners of the

business. Now, if they are owners and they’re renting the property, that’s okay. They can carry at a

rental property because it’s property owned or possessed, and it’s also their place of business. They

own it. So, that’s fine. Or if you own the property itself, then that, too, is the property exemption and the

business exemption. So, that is how to work that scenario.Page – 8 – of 9

Evan Nappen 30:12

Now I have a question from Robert, and Robert says regarding permit to carry and duty to disclose. If

your PTC has expired and you haven’t renewed it yet, do you still have a duty to disclose if stopped by

a law enforcement officer when traveling with a handgun secured or locked in the trunk of your car? I

assume not, but I want to be sure. Well, Robert, your assumption is correct. If you are no longer a New

Jersey permit to carry holder because that permit to carry is no longer valid, you are therefore not a

permit to carry holder. Then you no longer have a duty to disclose. You’re simply transporting under the

exemptions. You must be strictly within the exemptions as you transport in the trunk. Meaning you are

going to the target range or going back and forth to your place of business or between homes while

moving. Remember, you don’t have the same flexibility to take your gun places without that carry

permit, but as long as you are within the exemptions and your gun is unloaded, cased, etc, pursuant to

the proper manner of carry, then you do not have that duty to disclose. The duty to disclose only

applies to someone with a New Jersey permit to carry a handgun. They have a duty to disclose whether

they are transporting or carrying, but a person who does not have a carry permit does not have a duty

to disclose. In fact, if you’re illegally carrying, you do not have a duty to disclose. Only New Jersey

permit holders have the duty to disclose, and if your New Jersey permit is no longer valid, then you’re

no longer a permit holder. You no longer have the duty to disclose.

Evan Nappen 32:02

This actually, folks, puts us to the GOFU, the official GOFU of this week’s podcast. And as you know,

the GOFU is the Gun Owner Fuck Up. Those are things we want to avoid. So, we learn from actual

cases, actual folks, that have suffered through the GOFU, so that you hopefully will not and can learn a

very expensive lesson for free. This week’s GOFU is really simple. It’s a simple one, but I see it happen

over and over again. It relates to what Robert asked about and actually as well what Sachs asked

about. It has to do with transporting firearms. Make sure your firearms are unloaded. I can’t emphasize

this enough. Do not have your gun loaded during transport. If the gun is loaded, you’re not going to be

properly within the exemption, and you’re going to be deemed unlawfully possessing your firearm

without the ability to seek refuge from the exemption. Double check your guns. Press checks are free,

folks. Make sure your guns are unloaded. Magazines, according to the State Police, can be loaded. But

it’s better if they’re unloaded. Plus, it’s less likely with a loaded mag to end up inadvertently chambering

a round. You’d be surprised how many people think they’re emptying their guns, but because a loaded

mag was there, it loaded a round. They’re thinking it was unloaded, but their gun has one in the

chamber. They’re going to get themselves in big trouble, maybe even have an AD and be a dingus over

that. Be careful. Make sure your guns are always unloaded. Double check that they’re unloaded when

you’re transporting under exemptions.

Evan Nappen 34:15

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

protect criminals from honest citizens.Page – 9 – of 9

Speaker 3 34:26

Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by

Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and

opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

Downloadable PDF TranscriptGun Lawyer S3 E215_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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