Episode 220-Can A Convicted Felon Possess Nukes?
Also Available OnSearchable Podcast TranscriptGun Lawyer– Episode 220 Transcript

SUMMARY KEYWORDS

President Trump, felony conviction, falsifying business records, political motivation, New York justice

system, Second Amendment, gun rights, felon disenfranchisement, national reciprocity, HR 38,

Colorado gun ban, semi-automatic firearms, Supreme Court cases, brandishing, criminal threatening.

SPEAKERS

Evan Nappen, Teddy Nappen

Evan Nappen 00:15

I am Evan Nappen, and welcome to Gun Lawyer. So, today I have in the studio with me my son, Teddy

Nappen. Teddy is also an attorney, and he is also a member of the law firm. Teddy, how are you

doing?

Teddy Nappen 00:38

I’m doing quite well. You know, I was thinking, as a guest, I’d be the son of a son of a gun of a lawyer.

Evan Nappen 00:47

That’s pretty good. I think,

Teddy Nappen 00:49

Yeah, there you go.

Evan Nappen 00:50

You would qualify for that. Oh, and Jimmy Buffett would be proud to hear that. So, Teddy and I, we love

to discuss guns and politics and all that fun stuff. And I’m very happy today to have Teddy co-hosting

Gun Lawyer with me. And, of course, we’ve had some excitement in the news. The final curtain of the

lawfare has taken its bow, and that being Judge Mershon in making sure that the Scarlet Letter of an

“F” is attached to President Trump. That “F” for being a convicted Felon. Because having been

sentenced, President Trump is now a convicted felon and that was their goal. Of course, the entire

lawfare backfired and helped to get Trump elected. But this is particularly disgusting to see the demise

of the justice system in New York, being abused for political purposes and law fair purposes, and to see

just such a railroading take place with so many reversible errors. I am confident that, on appeal,

President Trump will be victorious. But, Teddy, I know you’ve been reading a lot about this and such.

What do you have to share regarding President Trump’s ordeal?

Teddy Nappen 02:44

Well, to start with, for him to wear the, you know, the scarlet letter, the “F”, really, he should treat it like

a badge of honor. Because that just won him the election. Because that surged his polling. The political

attacks by the Democrat-controlled Government basically led to his polling time. He was actually tiedPage – 2 – of 13

with DeSantis, and then it just surged him over where he won the election. So, really, it helped him out

greatly. So, good job on (Alvin) Bragg on that one.

Teddy Nappen 03:14

But to break it down even further, he was convicted of 34 charges of falsifying business records. So, to

start that off, he was convicted of a felony without actually being convicted of anything. Now that

sounds quite insane, but you know, that’s the law at times. And one of the things,

Evan Nappen 03:41

How did they do that? How did they do that?

Teddy Nappen 03:44

Well, it’s kind of interesting and also very sad. So, it dates back all the way to a prosecutor by the name

of DA Alvin Bragg, a Soros-backed DA. When Soros was interview

Evan Nappen 03:59

Oh, our Medal of Freedom winner.

Teddy Nappen 04:01

Yeah, the Medal of Freedom winner. You know

Evan Nappen 04:03

He and who was it? A skeleton who also got the Medal of Freedom from the senile sock puppet?

Teddy Nappen 04:09

I believe, you are referring to Hillary Clinton. But close enough. You know, Soros was actually

interviewed on it, and he just threw his hands up and screamed, the Jews are in the attic and then ran

away. But you know, besides,

Evan Nappen 04:20

That sounds like Soros.

Teddy Nappen 04:21

Yeah, so it starts off with the DA, where they had, the crime that he was actually charged with was a

misdemeanor. Now here’s the problem. The statute of limitations had run out. It was far exceeding it.

So, they thought, okay, we’ve got to think this through. So, they decided, let’s make it a felony, but how

are they going to do that? So, DA Bragg elevated it to a Class E Felony, stating he falsified records to

cover up a crime. Now, here’s the problem. What crime? And to this day, they still don’t know what the

crime is. Then they raised it to the statute of limitations, but it still didn’t meet that. But luckily, COVID,

you know, something, something, China, was able to pause the statute limitations. So, then they could

just get him in there so they could charge him and convict him of this crime.Page – 3 – of 13

Teddy Nappen 05:16

Now, looking at the facts that, by the way, for all the people who keep hearing this was a “hush money”

trial, stop calling it that. Stormy Daniels had nothing to do with this entire case. She owes Trump

hundreds of 1000s of dollars after he won the other case, and she was caught lying multiple times.

There was a note saying nothing happened. All this stuff. What it came down to is their “star witness”,

Michael Cohen, who, by the way, admitted he had stolen the money that caused the errors in the

account. Which, you know, stealing money typically causes an error in accounting. But you know they

wanted to go after the person who actually put in the money, not the accountant who stole it. But that’s

neither here nor there. Always a good thing, you know. But going from that. I’ll let you go. Do you have

a question?

Evan Nappen 06:12

Well, yeah, one of the things I’m wondering about is, so now they ended up recently sentencing

President Trump, and his sentence was an unconditional, essentially unconditional discharge. So,

there’s no probation, no jail time, no fine. Essentially, no punishment whatsoever, other than now

officially being a convicted felon. So, all this accomplished was The Scarlet Letter. That’s it, and that

was their trophy that they had to end the charade with, apparently. Do you disagree?

Teddy Nappen 07:00

Well, it’s actually quite hilarious. With the charges, I think they were trying to total it up, and it was like

20 years of prison for the charges. Yeah, you know. No, no, nothing, no punishment whatsoever. But

what was very disgusting is they had a whistleblower, well, an unintended whistleblower. He was

talking to a hot woman at the bar who had a camera.

Evan Nappen 07:26

A honey pot. Was this a honey pot set up?

Teddy Nappen 07:28

Oh, it was 100% a honey pot on Nicholas Biase. He was the DOJ Chief of Public Affairs in the District

of New York. He knew all the players. Everyone in the court personally knew DA Alvin Bragg, and he

admits that these charges were politically motivated. That Bragg was stacking charges and rearranging

them to make them fit. And he even said to him that every real estate person in New York does this

exact thing. So that, you know, it just gives a little perspective on how well New York’s run. The fact that

Evan Nappen 08:02

So, this was somewhat of a selective prosecution, huh?

Teddy Nappen 08:05

Oh, 100% and what I really love is how Judge (Juan) Merchan, who, I’ll ask this is you, dad, as

someone who’s dealt with juries? Have you ever had a judge read to the jury, okay, here’s the list of

possible crimes you could choose for the defendant to have done. Pick one, and you don’t have to be

unanimous about it. Just think, he didPage – 4 – of 13

Evan Nappen 08:31

No need to prove beyond a reasonable doubt and have a unanimous jury on the crime you’re picking.

That’s convenient.

Teddy Nappen 08:38

Yeah, you know. And also, the fact that he stopped his own experts from coming up, from testifying, the

various gag orders where he wasn’t even allowed to speak. I mean,

Evan Nappen 08:49

Judge Merchan is at least nowadays, as far as I know, he’s a man. There were other female judges.

Teddy Nappen 08:55

Oh, sorry, sorry about that.

Evan Nappen 08:58

I know it’s difficult these days to keep those things straight. I get it.

Teddy Nappen 09:01

Wait, did you just assume that judge’s gender?

Evan Nappen 09:04

I unfortunately did. So, maybe I’m guilty of that, but everyone else seems to be doing that. So, there

you go. Well, the interesting thing now is that Trump is a felon, and as a felon, he loses a number of his

civil rights, one of which is his right to vote. So, if this doesn’t get tossed by an appeal before the

midterm elections, he won’t be able to vote for folks in the midterm elections as a convicted felon. The

other thing that is, of course, most concerning to us is that President Trump is barred from possessing

firearms. He is a convicted felon, and felons are prohibited from possessing guns under federal law,

and most state laws, too, have laws on that similar subject.

Evan Nappen 10:04

Under federal law, it says, any person convicted of a crime, the penalty for which exceeds one year . .

.This is under Title 18. . . . is a prohibited person . . . That phrase, “a penalty exceeding one year” is

defined as offenses that are not misdemeanors, unless it is a misdemeanor that carries over two years.

I know. Leave it to the feds to make two years of a misdemeanor, not a crime that exceeds one year. Is

that confusing enough? I sure think so. The bottom line is, President Trump is now a prohibited person

for firearm possession. But luckily, he is allowed to possess nuclear weapons, as a matter of fact, the

largest nuclear arsenal in the world, at least one of the largest. I don’t know what China has. China is

adding a lot of nukes to their arsenal under the senile sock puppet’s administration, of course.

Teddy Nappen 11:19

But those are just the ones we know about too.Page – 5 – of 13

Evan Nappen 11:21

Right. Exactly. So, President Trump still has the Commander-in Chief status. He has the armed forces

at his disposal, and every weapon that the Armed Forces has. From firearms to nukes to bayonets, you

name it. So, this is really an insane situation.

Evan Nappen 11:45

It brings up something very important for which President Trump can take action now to resolve. Not

just for himself, but to help thousands of other people. You see, the felon in possession, the prohibition

on felons having firearms, is unbelievably unfair for so many reasons. One of the reasons that we’ve

discussed on the show before is the institutionalized racism that exists in felony conviction land where

blacks are convicted felons at a ratio of almost six to one to whites and Hispanics are convicted felons

at about two to one to whites. So, you are now prohibiting, in terms of racial discrimination,

disproportionate numbers of individuals from being able to exercise their Second Amendment rights.

Evan Nappen 12:58

Now, some of you may think, well, I don’t think a felon should be able to have a gun, and you may be

primarily thinking of violent felons. But the bottom line is this prohibitor ends up stopping a far, far larger

majority of people that are non-violent offenders. People whose convictions are years and years old,

and they still cannot regain their gun rights if they have a federal felony conviction.

Evan Nappen 13:38

Now, why is that? Let me tell you. Under Title 18, Section 925, the law actually has a provision for what

is called Relief from Disabilities. Under the relief from disabilities law, and I’ll read it to you right here.

It’s under 925 and it’s subsection c., “A person who is prohibited from possessing, shipping,

transporting, or receiving firearms or ammunition may make application to the Attorney General for

relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer,

shipment, transportation, or possession of firearms, and the Attorney General may grant such relief if it

is established to his satisfaction that the circumstances regarding the disability, and the applicant’s

record and reputation, are such that the applicant will not be likely to act in a manner dangerous to

public safety and that the granting of the relief would not be contrary to the public interest. Any person

whose application for relief from disabilities is denied by the Attorney General may file a petition with

the United States district court for the district in which he resides for a judicial review of such denial.

The court may in its discretion admit additional evidence where failure to do so would result in a

miscarriage of justice. . . . Whenever the Attorney General grants relief to any person pursuant to this

section he shall promptly publish in the Federal Register notice of such action, together with the

reasons therefore.”

Evan Nappen 15:50

Now, here’s this law that says individuals that have convictions, that are shown to be good people,

shown not to be a problem with public safety, etc, and other good causes, they can apply to have their

relief granted so that their Second Amendment rights can be restored. The problem, however, is that

the law, which I just read you, is not funded by the federal government. In 1992, essentially, at the

urging of Senator Charles Schumer and Company, the appropriations for funds to process these

applications has been prohibited. So, the ATF is not allowed to proceed with any such applications.Page – 6 – of 13

Evan Nappen 17:03

There was a case, United States v. (Thomas Lamar) Bean, like rice and beans, Bean. (No. 01-704, 537

U.S. 71) This was from 2002, and believe it or not, it was Saint Thomas, Judge Thomas, who wrote the

majority opinion in this case. Mr. Bean, not to be confused with the actor, the comedy actor (Rowan

Atkinson), was a licensed firearms dealer. He drove his vehicle from Texas into Mexico for dinner, and

his vehicle was stopped at the border. They found in the back of his vehicle, in plain view,

approximately 200 rounds of ammo. Now, according to Mr. Bean, he had instructed his associates to

remove any firearms and ammunition from the vehicle. But inexplicably, one box remained. The

respondent, Mr. Bean, was convicted in a Mexican court of importing ammo into Mexico and sentenced

to five years imprisonment. Now, because of this felony conviction, he was prohibited under federal law,

under Title 18, 922, g.1., which is the felon in possession, prohibition from possessing, distributing, or

receiving firearms or ammunition.

Evan Nappen 18:44

And so, in reliance on Section 925(c), the relief from disabilities that I just read to you previously, he

applied to ATF for relief, pursuant to the law. But ATF returned his application unprocessed, explaining

that its annual appropriations law forbade it from expending any funds to investigate or act upon

applications such as respondent’s. So, he went to the Fifth Circuit Court and said, look, ATF isn’t

moving on my application. The law says that the court can correct a wrongful denial and that we can

have the court grant the relief that ATF won’t do. And in the Bean case, what judge decided is,

unfortunately, if there is a non-appropriation of funds to act upon the application, then you do not have

a right to go to court to seek your relief. This meant that Mr. Bean could not get his rights restored, and

neither can anyone else, and that’s

Teddy Nappen 20:08

He should have tried to get hired by the ATF for the Fast and Furious program.

Evan Nappen 20:12

Well, yeah, all the hypocrisy aside, what it means is that since 1992, anyone who is a convicted felon

under federal law has not been able to restore their gun rights as the law says they should be able to,

and that now includes President Trump. What President Trump can do now, and what I would highly

recommend that President Trump do, is in this reconciliation bill all about funding different things and

having monies allocated that he gets the appropriation made in the reconciliation bill to finally fund the

program so that qualified individuals, who are not a danger, who are not a threat, can have their rights

restored.

Evan Nappen 21:18

This now includes President Trump, who currently has the U.S. military and all its weapons at his

disposal but cannot possess a .22 rifle. This is the height of absurdity and illustrates the absolute evil of

this program not being funded. Now is the opportunity to get it funded so that good people can get their

Second Amendment rights back. It would be a wonderful statement in terms of Second Amendment

freedom and liberty and to stop the disenfranchisement of individuals who would otherwise be qualified

to have their rights back. It’s something that needs to be done, and it should be done now. I hope thatPage – 7 – of 13

whoever listens to this show makes that clear and that President Trump gets the message that this

needs to be addressed and that he can do it. He can take the necessary action. What do you think

about that, Teddy?

Teddy Nappen 22:50

Well, first of all, if the Government’s willing to fund a shrimp on a treadmill study, and wanting to

actually see if the Thanos gauntlet could actually snap, and other millions of dollars spent on more

stupidity, including, is there such thing as body mass and other forms of insanity, they could fund this

relief from disability. It’s quite insane.

Evan Nappen 23:24

It’s not for a shortage of money, though. It’s about Second Amendment oppression, and it needs to end.

Now is the time to do it. And President Trump has not only committed himself to the Second

Amendment, but it could even personally address his own situation here and help so many others with

a restoration of liberty.

Evan Nappen 23:54

Hey, let me tell you about our friends at WeShoot. WeShoot is an indoor range in Lakewood, New

Jersey. That’s where I shoot. That’s where Teddy shoots and that’s where you should shoot. That’s

where you and I both got our certifications so we can get our carry licenses out of New Jersey. It’s also

where my brother, Lou, who’s also an attorney with the firm, it’s where he shoots and got his

certification. Our family shoots there. We love it there, and I know that you’ll love it, too. WeShoot is a

fantastic range, state of the art setup, but they also have great training. They’re offering right now the

carry conceal course at WeShoot, and they will get you your New Jersey permit to carry and other

CCW certifications. And they have requalification as well. They are tops when it comes to this. They

have limited spaces available.

Evan Nappen 25:00

As you are listening to the show, I suggest that if you want to get your carry or get a renewal of your

CCARE certificate that you need to get your carry, go to WeShoot. Book a class, and they’ll help you

out. You’ll be able to no longer be a victim, but a defender when it comes to guns. WeShoot is also

offering an NRA pistol blended course where they’re teaching basic pistol. It’ll have hands-on

experience with their NRA certified instructor, Joe Hayes. They’ll be able to boost your confidence, and

you’ll be able to get that course under your belt. They’re also offering Utah carry, Florida carry, Virginia

carry and Arizona carry as add ons. So, you can get non-resident licenses, and you can expand your

reciprocity throughout the land. This is another great thing that you can take advantage of. They’re

even offering a New York City non-resident carry course. So, you can jump start your journey with their

expert, and you can apply to get your New York non-resident carry. They’re offering great classes.

They have weekend classes with Grant Gallagher and Tony Zollo and Lance Hubeny. You can also go

to WeShoot and take advantage of the great two-hour private sessions and really hone your skills.

Learn to shoot and learn to do it right. They’re offering USCCA advanced carry courses. They’re also

offering USCCA & Sig Sauer Academy, close quarter defense fundamentals so you can get your CQ

fighting skills honed up. They also have a USCCA instructor development course, and you can become

a certified instructor yourself. Check out WeShoot at weshootusa.com. Great range, great courses, andPage – 8 – of 13

a great pro shop. You’ll love it. Tell them that Evan and Teddy Nappen sent you from the Gun Lawyer

podcast. You’ll be glad you did.

Evan Nappen 27:45

Let me also mention our good friends at the Association of New Jersey Rifle & Pistol Clubs,

ANJRPC.org. They are the premier gun rights organization of New Jersey. I have a big ad that I put for

free on the back of my New Jersey Gun Law book that you can purchase, by the way, at

EvanNappen.com. Everybody listening to the show needs a copy of that book. The Association is

currently fighting in the courts, and any time now, we should be getting results from those federal

cases. We’re waiting for the appeals court’s decisions on sensitive places, on assault firearms, on large

capacity magazine challenges to finally take those laws out in Jersey and put them in the trash bin of

history where they belong. Be part of the solution. Make sure you belong to the Association of New

Jersey Rifle & Pistol Clubs. Go to anjrpc.org. They have a great newsletter, the best in the state. You’ll

get email alerts for the shenanigans taking place in Trenton. There are threats percolating as we speak

that we’ll be talking about more on the show. It’s critical that you’re a member of your state Association,

and that is the Association of New Jersey Rifle & Pistol Clubs. anjrpc.org.

Evan Nappen 28:02

By the way, when you get my book at EvanNappen.com, you’ll find out that it’s over 500 pages. It’s the

Bible of New Jersey gun law. It’s 120 topics in a question and answer format. It’s the book used by,

well, everybody that wants to know about gun laws in New Jersey. When you get the book by going to

EvanNappen.com, make sure you scan the QR code on the front cover. Then you will become part of

my private subscriber database in which you will get news alerts of any changes in the law and

immediate access to the archive of the updates. Right now, I have a comprehensive 2025 update. The

one update you need that completely updates the book to be current. And in that update is a breakout

chapter, a new chapter, breaking out sensitive places — where you can carry and where you can’t carry.

Things you need to know. And as these cases come down and changes happen, you’ll be immediately

notified of these changes as I put these updates out there and let you know. So, get your book today.

Evan Nappen 30:43

So, let me tell you, there’s a lot of interesting things going on, and one of which was brought up by way

of an Ask Evan letter. I love getting these letters, and this letter deals with something near and dear to

my heart, and I’m sure yours as well, and that is concealed carry reciprocity. That’s right, my friends.

This letter is from Rich who says, Hello Mr. Nappen. There is a national reciprocity bill up for a vote

right now. HR38. Please tell your listeners to call or write your state representatives and urge them to

vote yes on the bill. Trump said he will sign it into law. We have a new Congress, and we have a new

Senate. We’re finally winning the fight a little at a time. The Second Amendment isn’t a second class

right. Thanks, Rich.

Evan Nappen 31:45

Rich is right. HR38 has been refiled by Representative (Richard) Hudson, who has been a strong

advocate for national reciprocity. Hudson actually joined with Shaneen Allen, a prior client of mine. You

may recall the Shaneen Allen story about what she went through being licensed out of Pennsylvania.

They tried to turn her into a felon and put her in prison for seven years with a minimum mandatory threePage – 9 – of 13

and a half years for doing nothing except not having New Jersey’s piece of paper. That’s right. This bill

will end the patchwork quilt of idiotic states that don’t recognize our license. You know, we recognize

everybody’s driver’s license, and last I heard, you don’t have a police background check done before

you get your background check. Okay? The requirements to get a gun license, a carry license, far

exceeds that of a driver’s license. And what’s more, it’s a Constitutional right to have a firearm,

particularly after the Bruen decision. It’s not a Constitutional right to drive, but having a gun is. We need

national reciprocity. President Trump has promised to sign it. He even made a detailed statement of his

support for it after winning the election. It wasn’t just something to get votes. He wants to do it. It’s pre-

filed. We need it. I think you can remember that bill’s number, folks – HR38 for concealed carry

reciprocity.

Evan Nappen 33:48

Once we get reciprocity, where every state is mandated to respect every other state’s permit, we can

then go the next step. The next step will be national Constitutional carry. And that, my friends, is the

evolution of freedom. It is the evolution of our Second Amendment rights to where we eventually can

carry anywhere in America without a permission slip. But the interim step will make all the difference.

HR38 or some other similar bill that gets national reciprocity, recognition of our ability to carry from

state to state, will be a major landmark day, and our opportunity to get that has never been greater.

This is the time.

Evan Nappen 34:45

So, please take the steps to notify your reps and your senators that you support it. The various gun

organizations all have links already set. You can go there, and you can let your representatives know

by email about it. Alerts will be coming out as it progresses. Stay on this issue. Make your voice heard.

Let’s push and get it done. It will change the world. It will be a new day for firearm freedom and the

obnoxious states that deny individual rights, that stop carry permit recognition, will no longer rule the

day. Teddy, what’s your view on national reciprocity? Would you be into that by any chance? What do

you think?

Teddy Nappen 35:43

Well, it’d be nice, because all those places that we usually travel through are kind of scary. So, that’s

places where I’d want to carry. In terms of politically speaking, the House and Senate have very slim

majorities, but we do have them. Like you said, that is very important, because we actually have the

power of negotiation. Now, the house is extremely slim with Johnson being there, and it’s one of those

where there will definitely be negotiations. I’m also looking at all the blue states that flipped over to

Trump, and you’re already seeing many of the Democrats over there being like, oh, okay, we better just

say yes. We don’t want to piss off the vote.

Evan Nappen 36:26

And you’re right. There are even Democrats that have already spoken up saying they’ll support national

reciprocity. The tide is definitely churning.

Teddy Nappen 36:34

I believe one of them was (Senator John) Fetterman. He’s been leaning more.Page – 10 – of 13

Evan Nappen 36:37

I don’t know if he is or not, but maybe. I know the Rep. from Maine is. Yeah, yep, one of the reps from

Maine, who’s a Democrat, said they support it. And look, the time has come. Especially with the

increase in violent crime thanks to the senile sock puppet’s policies of both allowing criminal illegals into

the country, murderers, rapists, mental cases, etc, and the policies of the Soros prosecutors, where

violent criminals are in a revolving door, making these times even more dangerous when we need to

protect ourselves. And as you point out, the places that are the worst are often the blue states with the

worst gun control and most oppression of our Second Amendment rights. They are the places where

we have to protect ourselves the most.

Evan Nappen 37:35

And protection is for everyone. The Second Amendment is for everyone. It doesn’t matter your race. It

doesn’t matter your sexual orientation. As a matter of fact, the individuals that need it most are often

those that are persecuted. So, this is something that, if even a Democrat who wants to step up to

protect the folks that they believe are their constituency, they should welcome with open arms the

expansion of individuals to no longer be victims, but in fact, can be defenders. Yet we still see states

that are taking anti-gun, what I prefer to call Second Amendment oppression, gun rights oppression,

steps that are just shocking.

Evan Nappen 38:34

I want to mention to you an interesting new twist that I want to bring to your attention. Unfortunately, the

great western State of Colorado is really turning blue and is not as friendly in any way like it used to be

to supporting the Constitution and Second Amendment rights. They’re more and more focused on gun

rights oppression. A bill is being put forward in Colorado, Senate Bill 3, which actually has a pretty fair

chance of passing. The hope is that the Governor may veto it, but it looks like it can make it through the

houses. This bill is a ban on semi-automatic firearms. But it’s not your typical assault weapon ban

where guns get named and features that the gun rights oppressors don’t even understand, right? Like,

you know, that shoulder thing that goes up with a barrel shroud. You know.

Evan Nappen 39:43

It doesn’t take that approach. It takes a little bit of a different approach that’s even more amazing. The

approach of Colorado is to ban any semi-automatic firearm that accepts a detachable magazine. That’s

right. So, in Colorado, they want to ban, under this bill, any semi-automatic firearm, any one that uses a

detachable magazine. That includes handguns as well as long arms, folks. So, that every firearm you

have will have to have a fixed magazine or a cylinder and not be able to have a detachable magazine.

Imagine that. Imagine how far reaching. How many millions of guns will that cover? It’s insanity, and it’s

oppression. Go ahead, Teddy. What?

Teddy Nappen 40:46

It would be interesting to see, though, that this may bring back the Pederson device.Page – 11 – of 13

Evan Nappen 40:53

Yeah, so the Pederson device was developed in World War I. It would turn a 1903 bolt action rifle, the

03into a semi-automatic, magazine-fed firearm, and the device worked. We had it, but the war ended

before we were using them in the trenches. But you can convert bolt actions into semi-automatic

firearms, and probably today, do it with a 3D printer. Wouldn’t be surprised at that. You know, we’re

talking about technology that’s over, well over, 100 years old from World War 1 with the Pederson

device. That’s a good point, Teddy. So, I hope the Coloradans that treasure and love their Second

Amendment rights, will be able to defeat this oppression that they’re facing. I hope so, but I’m afraid

that we may see this approach spread.

Evan Nappen 41:54

And while we’re talking now, the U.S. Supreme Court has distributed for conference a number of cases,

including the Maryland case on assault firearms and the Delaware case, etc, that are going to greatly

impact, potentially, the Second Amendment and its enforcement, and go to magazine bans and assault

firearm bans. So, we’re waiting to see if the Supreme Court grants certiorari on these cases. If they do,

then the U.S. Supreme Court will finally opine, will finally make a decision, that hopefully will kill the

assault firearm bans and magazine bans that the gun rights oppressors have placed upon us in these

various jurisdictions. It needs to go. It is another in their salami tactics of taking right after right, gun

after gun and making all types of false distinctions and creating scary monsters out of various guns

when they themselves do not understand this technology and instead have turned it into the

boogeyman that has to be banned. I hope the Supreme Court takes the cases, and if they do, of

course, we’ll be covering them very thoroughly on Gun Lawyer.

Evan Nappen 43:28

Hey, I have a letter here from Shawn. Shawn wants to know about real estate open houses. Shawn

says, Hi Evan. Thanks for reading my question last week about eyewear stores. I think I have one more

good question that could give people pause if trying to stay firmly within the bounds of the law. My wife

wanted me to come to a real estate open house today. Normally, someone’s home is not open to the

public, and thus a sensitive place, unless they’ve posted something saying that it’s okay and that you’ve

got permission from them in some way. However, during an open house, it’s open to the public from,

say, one to four on Sundays typically. Would I be correct in my assumption that a small sliver of time is

an exception to what is otherwise a sensitive place?

Evan Nappen 44:20

And I would say, yeah. Because the key is, if it’s open to the public or not, and an open house, even

has the word open in it, it’s open. It’s open to the public. It is an open house. It is not private. At that

point, it’s open. So, as long as it is not private and that gets defined as the case law has progressed in

our understanding, as the injunction stands on that provision, if it’s open to the public, then it’s open to

the public. So, I think you’re good to go there.

Evan Nappen 44:53

I have another question here, and this is from Ron. Ron wants to know regarding brandishing at home.

How’s that? Brandishing at home sounds like a nice pastime, but anyway. Evan, long time fan with

another question for the expert. We know that one of your clients is being unfairly prosecuted forPage – 12 – of 13

flashing a handgun during a road rage incident. How does the law stand if you’re on your own property

at home and you’re threatened. Is showing your firearms still considered brandishing?

Evan Nappen 45:26

Well, let me explain that. You know, brandishing can simply be the display of a weapon. We actually

don’t have a criminal offense that’s called brandishing, but we do have criminal threatening. That can

be what you’re actually charged with – criminal threatening with a firearm. It comes down to the use of a

firearm, if you’re displaying it, versus using it. And so, display can still be considered a use of force, but

not necessarily deadly force. So, you need to be within the parameters of justification for use of force

and that’s going to flow to what you’re facing, right? It’s going to flow to that. Now my general advice is

not to produce your gun. It’s not a magic wand. Don’t use it as such. Keep it concealed. You only draw

it in the case of which you’re justified in using deadly force. If you only produce your firearm when you

are justified in using deadly force, then you will have met the elements for your display of the firearm,

even if it’s not used. Because it’s falling under what we commonly call self-defense but what the law

refers to as justification for Use of Force. I discuss this in more detail in my book.

Evan Nappen 47:05

Let me just say the most popular segment of the show is the GOFU. What’s a GOFU? A GOFU is a

Gun Owner Fuck Up. And why do we talk about GOFUs? Because a GOFU is normally an expensive

lesson that somebody else has learned, that you get to learn for free. And these are real life lessons.

These are things that actual clients have made mistakes about. And today’s GOFU is a basic GOFU.

It’s a GOFU that none of you should ever, ever commit. You shouldn’t commit any GOFUs, but this one

is often mind boggling to me. Why it happens! This GOFU is really simple, not keeping your mouth

shut. It’s that simple, folks. You have a Fifth Amendment right to remain silent. You have a Sixth

Amendment right to have an attorney. Don’t make any statements to the police. You say, I’ll have my

lawyer talk to you. Do not talk to the police.

Evan Nappen 48:16

When you talk, when you wave your Fifth Amendment rights, when you waive your Sixth Amendment

right to counsel, anything you say, not only can and will be used against you, it will be twisted against

you. And often the most innocent thing, where you think you’re righteous and justified, they could try to

twist. They being the Government against you. The strongest, smartest thing to do is stand on your

rights. The GOFU is when you waive your rights. Do not waive your rights unless your attorney advises

you to do so. Short of that, don’t do it. Don’t do it. Make sure you have counsel, and until you’re advised

to do anything else differently, don’t waive your rights. The only thing you should tell law enforcement is

your pedigree information, if you’re asked. Meaning your name, your date of birth, your address, etc.,

your pedigree information. Short of that, there’s nothing else to discuss. There’s nothing else to talk

about. Police want to talk to you, especially if you’re a target of any type of investigation. I don’t care

what they want to talk to you about. I don’t care if they want to give you the winning Mega Millions

numbers. You say, talk to my attorney, and you let me, or your counsel stand between you and the

Government as your shield. That’s what we’re there for. That’s why our Founding Fathers gave us a

Sixth Amendment right to counsel. They knew the importance of it. They knew the importance of

remaining silent. They saw the abuses and didn’t want those abuses to occur here. Yet, waiving your

rights is probably the number one GOFU on the books.Page – 13 – of 13

Evan Nappen 50:18

Teddy, I want to thank you for joining me on the show, and we will have you again because your

participation is really great. This is Evan and Teddy Nappen reminding you that gun laws don’t protect

honest citizens from criminals. They protect criminals from honest citizens.

50:46

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 E220_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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