Episode 229-How Mad Should Mad Max Be? 

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Gun Lawyer — Episode 229 Transcript

SUMMARY KEYWORDS

Gun rights, Mel Gibson, domestic violence, Lautenberg ban, Second Amendment, federal disqualifier, relief from disabilities, Washington Post, Act Blue, anti-gun activism, gun laws, carry permit, sensitive places, pump action shotgun, gun owner faux pas.

SPEAKERS

Speaker 2, Teddy Nappen, Evan Nappen

Evan Nappen 00:15 I’m Evan Nappen

Teddy Nappen 00:17 And I’m Teddy Nappen.

Evan Nappen 00:19

and welcome to Gun Lawyer. So, I don’t know if you’re following this, but I am following this quite intently. It always gets interesting when a celebrity is directly involved in a very important gun rights issue, and not out of advocacy, but rather because they are the victim of gun laws. And in this case, I’m talking about

Evan Nappen 00:54

Nope, nope. Not Alec Baldwin because, you know, his issues were just related to being unsafe and being a giant GOFU. I’m talking about Mel Gibson. You see Mel Gibson apparently had lost his gun rights. He lost his gun rights because of a domestic violence misdemeanor. That’s right, the old Lautenberg ban, that’s both federal for the whole country and the State of New Jersey. Anyone who has a domestic violence misdemeanor becomes a prohibited person. So, if you have harassment or assault or any of these things, and the alleged victim meets the definition under domestic violence, such as being a current or former spouse or someone you had a dating relationship with or former or present household member, or someone you have a child in common with, things like that. Then that misdemeanor suddenly, magically, becomes a prohibitor, taking away your gun rights. So, if you’ve harassed or assaulted someone who qualifies as a domestic violence victim, then you lose your gun rights. Whereas if you go around assaulting complete strangers, you’re fine. The law makes just a lot of sense, doesn’t it?

Teddy Nappen 00:54 Alec Baldwin?

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Evan Nappen 02:37

So, anyway, Mel apparently has this Federal disqualifier, and there was or is a program that is being pursued. Apparently, his misdemeanor conviction goes back to 2011. There was an Attorney General whose name was Oyer, who was placed in what’s called a “working group”. She was given the responsibility to come up with a list of individuals who should have their rights restored. Now, this rights restoration would be done essentially by the President using his power of pardon. There’s a lot of criticism that she and this group didn’t recommend or pursue Gibson to get his rights back. And of course, they love to raise the political correctness of domestic abuse and the issues all about that. It’s been something here that is a problem for Mel, and this apparently is one of the solutions being sought in his particular case.

Evan Nappen 02:39

Now, the problem is that, you know, it’s one thing to be Mel Gibson or various other individuals that might be more high profile or influential to the President and trying to get your gun rights restored in the same way you’d want to get a pardon. And you know, the whole fight here centers as well on, oh, you’re being dismissed and blaming this issue, but it highlights the taking away of Second Amendment rights for what is a misdemeanor. The bottom line is a misdemeanor is a misdemeanor, whether it’s domestic violence or not. Historically, only violent felons were prohibited persons, and then it was expanded to just about any felon under federal law if the felony offense meets the definition of a disqualifying felony.

Evan Nappen 05:16

When you read the 4473 it asks, have you ever been convicted of a crime, the penalty of which exceeds one year? Federal law defines that as actually being convicted of an offense that is, if it’s a misdemeanor, not domestic violence, but a misdemeanor, that carries over two years jail, over two years, even though the question is, do you suffer it over one year? You know, up to one year, one year. But it has to actually be over two. But not for DV. If it’s domestic violence, then even a town ordinance that has the elements for domestic violence can become a federal disqualifier for that person. So, this disqualifier and the relief sought became an issue.

Evan Nappen 06:11

But what’s really interesting here is the kind of changing times that we’re in. Believe it or not, the Washington Post just ran a piece on restoring gun rights and this

Teddy Nappen 06:38

I’m surprised you found something in the Washington compost.

Evan Nappen 06:41

I know. This was brought to my attention. As a matter of fact, it came to my attention from an article by Cam Edwards, out of Bearing Arms, which is a great gun rights news site. (https://bearingarms.com/camedwards/2025/03/12/washington-post-offers-a-surprising-take-on- restoration-of-gun-rights-n1227950) Cam is a friend of mine. As a matter of fact, he also has a good article on Mel Gibson in the same source in the bearing arms. (https://bearingarms.com/camedwards/2025/03/11/did-a-fight-over-mel-gibsons-gun-rights-lead-to-a-

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doj-firing-n1227932) Go there to the website, and you should sign up for getting their news and articles. It’s an excellent resource.

Evan Nappen 07:17

And what Cam points out is that the Washington Post has this article where these guys, whose names are (Ian) Ayres and (Fredrick E.) Vars, talk about the restoration of gun rights under the Federal Firearms Act. We’ve mentioned this before, but it’s coming to the surface now, and this is a really good thing. Under Title 18, 925, there is what’s called a relief from disabilities that you could get if you have a federal disqualifier. You would submit to ATF, and then they would approve or deny it. If they didn’t approve it, then you could go to court. The problem is under (Senator Chuck) Schumer, way back in like ’92-’93, quit funding that program so that no one could get processed. So, anybody with a federal disqualifier can no longer seek relief, even though it’s in the law that you can have that relief. The Supreme Court said that if it doesn’t get funded by Congress, it’s as good as it not being operable. That’s it. You can’t use it.

Evan Nappen 08:33

And so, it really has been terrible, because individuals that are qualified, that would have been able to get their rights restored through this program can’t take advantage of it now. That, of course, prolongs the institutionalized racism that exists in the ratios of individuals who’ve been convicted of crimes. As we’ve talked about, blacks are six to one more likely to be convicted felons than whites. The qualified individuals who have not been a problem for years, who have paid their debt to society, are fully rehabilitated, cannot get their gun rights back, even though we have a law that says it. So, it needs to be funded.

Evan Nappen 09:21

And here we have the Washington Post doing an article in support of that very thing. As the Post points out, this is a petition process with a “vibrant pathway for relief”. This is something that no longer gets done, and yet it needs to be. I’m hopeful that this is the beginning of a movement to finally end this injustice. This injustice exists because back in the ’90s, when (Senator Chuck) Schumer defunded it, and the arch gun rights oppressionist Josh Sugarmann came out with a book called NRA Firepower and Fear. Part of his promotion of the book was claiming that the “NRA supports felons having guns” by way of this relief from disability that was put into the law when the ’68 Gun Control Act was enacted so that individuals could get their rights restored that were worthy. And of course, this was jumped upon by the anti-gunners, and unfortunately, the NRA at the time did not vigorously fight it because of the politics of “arming felons”.

Evan Nappen 10:51

But now we’ve been through quite a process of the weaponization of our justice system. We’ve seen so many people that have been prosecuted wrongly and with bad intention in their prosecutions and individuals who are well deserving of getting their rights restored. When you get right down to it, the President of the United States is currently a convicted felon. So, the big letter “A”, you know, placed on, or in this case, big letter “F” that’s placed on individuals as felons no longer has the connotation that it once had. And that’s fine. Because what we need to do is have this vigorous pathway funded again, so that worthy people from Mel Gibson to Trump himself, President Trump himself, to others, who for all

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these years have been disbarred and disenfranchised of their Second Amendment rights, get a chance to get those rights restored. So, the march continues. I’m hopeful that we’ll see progress on this front and

Teddy Nappen 12:20

Actually, I was thinking about something. (Mel Gibson) He is barred from guns, but he’s done a lot of action movies at the time, like being able to and have firearms. I don’t know if they’re all just fake or they use.

Evan Nappen 12:33

Well, I guess they’re all fake. Because if they’re real guns, then there’s no exception for actors to possess firearms while making movies, if they’re prohibited. So, I’m assuming that that’s what he had. Unless someone can prove otherwise, he’s still innocent till proven guilty. But hey, this is an issue. So, there are thousands of people who would love to get their Constitutional rights restored. We have a law on the books that’s supposed to allow that, and yet, without it being funded, it can’t happen. And it needs to happen. It’s long overdue.

Teddy Nappen 13:21

My hope is, what I’d really like to see is kind of a rally. A rallying call where they go to Washington. They get everyone up. Everyone who wants their rights back. And Mel Gibson gets up and goes, they can take our lives, but not our freedom.

Evan Nappen 13:38

Ha, ha. That would be great. Yeah, let’s do the William Wallace rally for gun rights. That’s perfect. We can all paint our half blue, but maybe they should be only half red, so it’s Republican or something.

Teddy Nappen 13:52

And let’s be honest, the left want us all drawn and quartered if they had the chance. So,

Evan Nappen 13:57

Oh yeah, that’s right. Well, Teddy, you are directly related to the Baird clan. That’s why your middle name is Baird. And you actually went to Scotland and found out that your relative Baird was a right hand man of William Wallace. Isn’t that so?

Teddy Nappen 14:22

Yeah, William Baird. It was interesting kind of seeing the whole journey. If you ever get a chance, do the William Wallace full tour. Particularly in Sterling where they actually found his sword. By the way, William Wallace was a huge individual. He was tall, and his sword that they have. Its size, like, it’s the size of, it’s like, my height, and, you know, I’m six foot. It’s one of those where it’s a massive blade. So, imagine going on the battlefield with an individual who is, like, six foot eight to seven foot tall, with a massive blade. Running out there, and he already had the home advantage of just distance and slicing people. The guy was a beast.

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Evan Nappen 15:08

Well, that’s the guy you want on your side, I guess. Huh? Alright, that’s pretty good. That’s pretty good. And of course, those claymores that they had were unbelievable in terms of its destructive power on a body. Oh, my God. They weren’t the most, you know, agile of swords, but holy cow, if one of them catches you. Yeah, and Rob Roy.

Teddy Nappen 15:35

Rob Roy, where he’s fighting against Tim Roth, the dandy, and he was, like, joking about it, like I’d use that to kill a boar, not a man. And sure enough, when Rob Roy has the sword, he just cuts him down and just his body’s about to split.

Evan Nappen 15:54

Oh yeah, that was great. That was great special effect, too. If you haven’t watched Rob Roy, that’s a fun movie, that’s for sure. Oh, yeah, and by the way, I want to just mention here that there’s a Canadian artist who did an art exposition recently. This was also from BearingArms.com, and this is Tom Knighton who brought this to my attention. (https://bearingarms.com/tomknighton/2025/03/10/canadian- artists-latest-exhibit-blasts-americas-lack-of-gun-control-n1227912)

Teddy Nappen 16:24 Ottawa to a wall?

Evan Nappen 16:26

No. Even better, this even makes less sense than that. This is the Ottawa School of Art, where it’s putting failed efforts forward to enforce gun control, and it’s called “Studies in Futility”. Where the person does these art displays with so-called copper bullets, which I don’t necessarily know what this person’s even talking about, and intense weaving. Woven textile displays. Somehow doing it for political purposes, essentially, to complain in Canada about American gun control. How nice? How about all the issues that exist in Canada? You don’t have to worry about America with your lies, promoting more Second Amendment oppression.

Teddy Nappen 17:26

Well, they put the queen on their money, and quite frankly, they’re a nation of cowards.

Evan Nappen 17:31 Yes.

Teddy Nappen 17:32 That’s the fact. Like, just.

Evan Nappen 17:33

Yeah. Well, yeah, I’m sure guns scare them, you know. But at least, at least a lot of them, but not all of them. Like, there are a lot, but there are some, a whole bunch of Canadians in the western part of Canada, that are more like American Westerners, and they’re as disgusted as we are with this.

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Evan Nappen 17:34

Sorry, I’m referring to the Quebec Ian liberal nut cases.

Evan Nappen 17:48 Yes.

Teddy Nappen 17:48

Who are pushing for their, what is their progressive ideology, which is, by the way, killing their industries. And they’re already a failing country as it is. But you know what? They can try their best. Trump already got them to bow down immediately.

Evan Nappen 18:18

Well, I know our friends in the north there. But, you know, this idea of anti-gun artwork and anti-gun statues and monuments. You know, they constantly do this. The left loves to do this, you know. They’re so upset with what’s going on politically. So, their response is to, you know, to sing songs and all that cringy stuff they love to do. But, you know, there’s a famous anti-gun monument, you know, a statue at the U.N. of the barrel.

Teddy Nappen 18:53 Oh, yeah.

Evan Nappen 18:53

That gun twisted in a knot. But you know what I’m thinking, maybe it’s time for us to actually have a statue or a monument that is in praise of the Second Amendment. Imagine that? A monument, a national monument, a statue that honors the Second Amendment to the United States Constitution. And it makes it clear about how much our treasured freedom is revered. I put that out there to any artist that would be so inclined. Some place or places should put up a pro Second Amendment rights statues, monuments, proclaiming it in a positive way, because that needs to be done. Why should we let the left corner of the market on their anti-gun, Second Amendment oppression? It’s time.

Teddy Nappen 20:03

I want to see a statue of Trump, gold-plated, with an AR-15 in hand.

Evan Nappen 20:10

There you go. That would be quite a statement. I know. That’s something. Well, you know, statues sometimes can be used against people, of course, and then they can, I’m sure they, we could see them wanting to pull it down symbolically, like we’ve seen in the past.

Teddy Nappen 20:32 Oh, they

Evan Nappen 20:32 Actually, there was a famous.

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Teddy Nappen 20:34 They hate history.

Evan Nappen 20:35

You know, there’s a great book on practical jokes called the “Compleat Practical Joker” (by H. Allen Smith). It’s hilarious. It’s about different practical jokes, and historically, talks about a bunch of them. One of them, one of my favorites, is college town, where in the middle of the town, there’s some general on a horse, and the horse has quite a nice large set of masculinity between his legs. And what one of the fraternity frats there do in part of their, I guess, activities they have, maybe the plebes or whoever, or maybe just generally, as a joke. They don’t vandalize the statue, but what they do is they polish just the part of the horse between his legs. So, that bronze part is super shiny. Whereas the rest of the horse, of course, is, you know, the color of, you know, dark bronze, but those just glow as everybody drives by. So, I don’t know if that’s considered vandalism, because you just cleaned and polished a statue, but only part of it. You know.

Evan Nappen 20:57

So, what’s the bill deal? They’re just polishing his knob. What’s more?

Evan Nappen 22:06

More than that, too. The whole package there. So, for all the drivers to see proudly. Anyway, that’s what college folks do. They have quite a sense of humor. So, I want to mention that our good friends at WeShoot are offering the New Jersey PTC, your permit to carry, renewal evening class so you can get your carry renewal. You know, your CCARE certificate and the training, your SP-182 certificate to get your renewal. And you can get that at night, conveniently, from six to nine, and they’re holding this on Tuesday, March 18. And you can book now. It’s only $175, and there’s three hours of shooting included. So, here’s a great opportunity for those of us who work nine to five. Of course, I’m always working. Feels like I’m the 7-11 of lawyers. But for those of you that need evening classes, WeShoot is there to help you. Plus, they have so many other great classes and training. WeShoot is a great range, and it’s a great facility. It’s where Teddy and I shoot. We love WeShoot, and you will too. You can check out WeShoot at weshootusa.com. They have a great website with beautiful photos. Check out WeShoot. Get your training and join as a member. You’ll love it. Lots of fun right there in Central Jersey, right there in Lakewood. Easily accessible from the Parkway. It’s a great resource for Central Jersey and beyond. So, check out WeShoot.

Evan Nappen 24:04

I also want to mention our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are aggressively fighting for our rights in New Jersey. And boy, there’s a lot of challenges that are ongoing. We face legislative challenges, as we’ve talked about on the show, and the Association is there battling with a full-time paid lobbyist. Keeping us aware with those email alerts. The email blasts are great. Make sure you respond to them and hit the button there. Hit the link. So, we can send in our emails to the legislators, to the Congress critters, not to oppress our gun rights any further. Plus, they’re in the courts battling, as we speak. We’re still waiting for updates. The courts are, I think, purposely dragging their feet it seems. But we will see results there as we fight for our rights. Check out anjrpc.org. anjrpc.org. It’s the Association of New Jersey Rifle & Pistol Clubs. Join as an individual member. You’ll

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be glad that you did. You’ll be part of the solution, and that’s what we all want to be – part of the solution.

Evan Nappen 25:25

And then I would now take this opportunity to shamelessly promote my book, New Jersey Gun Law. The Bible of New Jersey gun law. It’s used by, well, anyone that wants a book on gun law. From lawyers, judges, police, state police firearms division. Thousands and 1000s of gun owners rely on my book, New Jersey Gun Law. It’s over 500 pages with 120 topics, all in a question and answer format. It’ll give you the ability to actually understand New Jersey gun law. I know that sounds impossible, but my book will help you to do that. When you scan the front cover, that QR, you’ll go right to the subscriber base for free. You can sign up and that gets you access, for free, to the archives. You can download the 2025 Comprehensive Update so your book stays current, and I will continue to supply updates as the need arises. You’ll get those for free and get notice of them as well. So, check out “New Jersey Gun Law”. You can go to my website, EvanNappen.com. Wow, it’s my name. That’s pretty interesting. Yeah. EvanNappen.com. You’ll see the big orange book, and you can order a copy there.

Evan Nappen 26:45

Now, we have a segment you’ve been all waiting for, and that is Press Checks by Teddy. Teddy, tell us about Press Checks because we know they’re free. Go right ahead, buddy.

Teddy Nappen 26:58

I wouldn’t say awaiting. They’re dreading, but it’s okay. All right, Press Checks. So, I assume people are keeping a little bit on the pulse of the various wins that we’re getting across the board. I know just Trump winning it. Securing peace. Fighting back against our “allies”, who are really just people trying to screw over our economy. But one thing that kind of got drowned out in the piles of wins is “ActBlue”. For those of you aren’t familiar with ActBlue, it’s a Democrat super pac. They’ve raised $13 billion.

Evan Nappen 27:40

Wow. How’d they do that? Is that just individual donations, Teddy?

Teddy Nappen 27:44

Well, more than likely not USAID, but we’re getting to that. It’s one of the most powerful lobby groups in modern America. It’s one of the ones that they have used where they are funding. You can easily just go on their app and then you can fund whatever Democrat cause or Democrat politicians. So simple, so easy. Well, Musk posted that their

Evan Nappen 28:10

Musk? Do you mean Elon Musk?

Teddy Nappen 28:12

Yeah, Elon Musk, everyone’s favorite African. He posted that they’ve been funding domestic terrorists who’ve been attacking Tesla. The groups from Soros, Reid, Hoffman, all the groups part of the ActBlue and their fraudulent schemes, you know? And then, when asked by Soros to comment, he just screamed, the Jews are in the attic and then ran away. It’s something that actually a few years ago,

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2023, James O’Keefe. If you’re unfamiliar, he is the O’Keefe Company out of the LIBS of tick tock. They’re the ones that go undercover and have their various honeypot spies exposing the disgusting fraud of the left. What they use and abuse to go after our rights. So, it turns out they have been very naughty, as they have been abusing the elderly. He went up to various elderly who have used ActBlue and were making donations. And he goes up to one lady and says, are you aware that, miss, that you have been donating $18,000? Well, no. Have I been? It turns out that they’ve been stealing people’s, you know, credit card information, and funneling various monies, pretending like they’ve been making the donations. You know, they always say it’s a grassroots movement?

Evan Nappen 29:33

Wait, did the lady actually pay the 18 or did they pay the 18 and use her as the donor?

Teddy Nappen 29:38

Oh, they don’t know, and that’s why? She doesn’t have any billing of it. But for some reason, they’ve been stealing money from her.

Evan Nappen 29:46 Using her name, huh?

Teddy Nappen 29:48

Yeah, and to be determined. So, by the way, the way you make donations is you put in your credit card. And everyone here has used a credit card. You have to put in the little three digit number on the back of the card. But ActBlue doesn’t require that, and the only reason is.

Evan Nappen 30:05 Yikes. That’s handy.

Teddy Nappen 30:07

because you want to commit credit card fraud. Isn’t that nice?

Evan Nappen 30:10

Well, maybe there’s other reasons. We don’t know.

Teddy Nappen 30:13 Oh, oh, sorry.

Evan Nappen 30:14

There could be other legitimate reasons. 100%.

Teddy Nappen 30:17

Yeah, I know, right. You know, abusing the elderly. Well, you know, that’s what the Democrats usually do.

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Evan Nappen 30:22

Well, I guess they’re investigating this further to see.

Teddy Nappen 30:25

Oh, even better. Now two Congressional committees are submitting to the Department of the Treasury to investigate. Then when that came down, several officials from ActBlue resigned. Oh, why? I wonder why. Well, you know, the pressure got too much. About to retire and gotta leave with this bag of money.

Evan Nappen 30:36

Okay, but wait a minute. What does this have to do with guns?

Teddy Nappen 30:52

Well, thank you for asking. I was hoping you would, because then I could lead into this. So, if you were to go to ActBlue and ask yourself, oh, I want to donate to various anti-gun groups. There’s EveryTown, Giffords, Stop Gun Violence, Brady. Oh, you remember. The shoulder thingy that goes up. That bundle of joy.

Evan Nappen 31:13

All that is there, and wait. And did they receive monies, do you know, from like USAAid, or any of that?

Teddy Nappen 31:20

Correct. Soros is funding that, too.

Evan Nappen 31:21 So, this is tax dollars.

Teddy Nappen 31:27

Yeah, so they have been funneling money from us using ActBlue as one of their shell groups to then funnel to the anti-gun movement. So, very much there, you see the fraud. For those of you listening, is it starting to make sense? Do you see the actions that these people are disgusting?

Teddy Nappen 31:30

Maybe that’s why they’re attacking Elon, and they’re so upset about DOGE?

Teddy Nappen 31:52

Yeah, and that’s why they’re setting fire to Tesla’s and they’re firebombing dealerships and shooting up the places. I will even point out to you, Bill Maher. Don’t like him. Fine. He’s the eccentric, centralist liberal. No, right. He’s just another Trump deranged Democrat. But he even said, the Democrats can no longer say they are not the party of violence, because they are.

Teddy Nappen 31:55

And I think we might see steps toward that. Didn’t President Trump say that he’s looking to change classification regarding folks that commit those actions?

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Teddy Nappen 32:29

Correct. If a he was going up to any of them do that happily. If they do, I will happily label them domestic terrorists.

Teddy Nappen 32:37 Oh.

Teddy Nappen 32:39 Any of them.

Evan Nappen 32:40

So, by doing that, then they can be federally prosecuted.

Teddy Nappen 32:43

Yeah, and they were. Of course, the left is freaking out, and they’re saying, he’s laboring protesters domestic terrorists. Well, when you’re firebombing dealerships and shooting up the places, I don’t think you’re just a protester anymore, but who knows? The Roe v. Wade riots, the

Evan Nappen 33:00

It’s amazing how much they extend “freedom of speech” to include violence but want to suppress actual freedom of speech whenever it comes from our side. Very interesting.

Teddy Nappen 33:16

Well, don’t worry. We’re working to, if any of them are illegal, we’ll be deporting them immediately. Any of those “protestors”.

Evan Nappen 33:23

So, yeah. Well, Teddy, thank you for your observations, and I have some excellent letters here to ask Evan. This one is from Ark. He says, Hello Evan. My question relates to carry in restaurants. I know it’s prohibited to carry in a place where alcohol is served, but what if I meet my friends in, let’s say, McDonald’s, and one of my friends brings a bottle of wine. I carry and do not drink, but my friends do. Am I in trouble? Should I run away from that place as soon as I see wine on the table?

Evan Nappen 34:00

Now that is. First of all, I don’t know what McDonald’s rules are for drinking in McDonald’s. But if you’re in a restaurant where it is a bring your own type of restaurant. And anytime you have that, there’s an issue. Because under sensitive places, it says, and I’ll read it directly to you. A bar or restaurant. Okay? So, McDonald’s is a restaurant. Where alcohol is served. Now it doesn’t say served by the restaurant. So, here the person is serving alcohol at a restaurant, right? And any other site or facility where alcohol is sold for consumption on the premises. So, it’s written poorly, not a big surprise, but it says, a bar or restaurant where alcohol is served, comma separating that clause. And any other site or facility where alcohol is sold for consumption on the premises. So, it’s kind of a standalone on that first part. It’s a bar or restaurant where alcohol is served. If your friend is serving, then, arguably, it could be construed as a sensitive place. Look, I’m sure we’d have quite a battle in court, and it would end up being, you know,

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a jury question or worse. Who knows? Your best bet is to avoid putting yourself in that situation, given the ambiguity in the statute. Be careful.

Evan Nappen 35:38

I have another letter here from Noah. That’s funny. The other one was from Ark. This is from Noah. They’re not related. Hello! I’m a current Iowa resident, a former New Jersey resident. I have friends that are still in New Jersey. I’m planning on visiting this summer. Since moving to Iowa, I purchased a handgun. I’d love to be able to bring it to New Jersey when visiting my friends to go shooting on their land. No need to carry or bring ammo, just the fireman and a couple seven or eight round mags. Is there any way to legally do this? I’ll be flying in and out of Newark, and I’ve heard some horror stories.

Evan Nappen 36:14

Yes. Well, here’s the problem.

Teddy Nappen 36:16

The problem is that they’re going to New Jersey.

Evan Nappen 36:18

Yeah, that’s the first problem. And what happens is the exemptions in New Jersey do not cover gun possession at a friend’s house. So, you can’t come to New Jersey and then stay at a friend’s or even, you know, possess a firearm at a friend’s house. Under the exemptions, the only way to legally possess your handgun at your friend’s house is you need to meet two requirements. Number one, you need a New Jersey Permit to Carry, and you can get a New Jersey non-resident permit to carry. Then you need to get permission from your friend, because that’s a private property sensitive place, and which you need permission if it is not open to the public. Since it’s your friend’s place, they have to say, yeah, you can bring your gun. So, if you get a New Jersey carry permit, non-resident carry, and friends say you can have a gun at their place, then you can bring it. If you’re going to go shooting on their land, now it’s legal to possess your gun there because your friend is giving you permission on his private property.

Evan Nappen 37:35

Now it’s a question of whether shooting is permissible where you are, and if discharge of a firearm is allowed there, where there’s no municipal ordinances prohibiting it, where it’s done safely, where it’s not a problem, where it’s lawful to shoot on your friend’s property, then you’d be able to with a New Jersey carry permit, because your possession of the gun would be legal. Thanks for that question.

Evan Nappen 38:05

And I have another one here, and this is from Robert. Robert wants to know regarding magazine capacity. Mr. Nappen, I want to thank you for all you do to keep the 2A community informed and entertained. I try not to miss a show, but it occasionally does happen. What do you mean it happens? How dare you? It should never happen. Just kidding. Thanks, Rob. I apologize if this question has been covered, but I’m asking so I don’t become the next GOFU. That’s always smart to do. I’m considering getting a Mossberg 590, which has a capacity, this is a 590S, which has a capacity of 13 plus one using

Page – 12 – of 14

1.75 inch shells. I’ve read that pump action or break action have no specific capacity limit under state law. Is this true or am I misinformed?

Evan Nappen 38:53

No, you are correct. Pump action shotguns are not assault firearms based on magazine capacity. You can have a pump action shotgun that has a magazine tube, a tubular type shotgun to have any capacity in it, because that is a fixed magazine that holds whatever amount. It doesn’t matter. Because the assault firearm ban only covers semi-automatic shotguns. The Mossberg 590S is a pump action. So, on any pump shotgun, magazine capacity does not matter. Magazine capacity does not make it an assault firearm.

Evan Nappen 39:36

However, there are pump shotguns and there are even Mossberg pump shotguns that are magazine fed. I’m talking about a detachable magazine. The problem, arguably, could be that if you have a detachable magazine that will work in a semi-automatic firearm, then that can become prohibited. Now I am not sure whether any of the Mossberg magazines will function in a semi-automatic shotgun. I don’t know if Mossberg. I’m not aware of them making a detachable magazine fed semi-automatic shotgun. But if they do, then magazines over 10 rounds would be prohibited. But if the magazine will not fit or function in a semi-automatic firearm, then even the pump shotgun that has a magazine, even over 10 rounds, would be okay. The 10 round mag ban specifically says that it’s any box, tube, container, or drum that feeds continuously and directly into a semi-automatic firearm. So, when it comes to pump action shotguns, as long as the magazine, and plainly on a tube fixed mag, you’d have no issue at all, because that’s not semi-auto and that’s part of the gun, or with a detachable mag that does not feed continuously and directly into a semi-automatic firearm. You can have any capacity you wish in those shotguns.

Evan Nappen 41:22

Now let me tell you about this week’s GOFU. The GOFU is the Gun Owner Fuck Up. This is where expensive lessons are unfortunately experienced by gun owners, and by us sharing them, you get to learn them for free and not become a GOFU. And this week’s GOFU comes from a person who got in touch with me, because, unfortunately, they did not renew their carry permit with enough time. Now in New Jersey, you can renew up to four months in advance, and I highly advise that you do that. This one individual here only did it 60 days in advance, and because of that, his renewal license has not processed. So, he has a gap in his ability to carry. And the GOFU, of course, is not doing it with enough time to get that carry renewed. And if you forget about your renewal and you’re carrying on an expired license, then you’re just illegally in possession and carrying. You’ve got an even bigger problem. So, the GOFU is not being aware of the time frame for when renewals are required on your licenses.

Evan Nappen 42:51

What I would highly recommend is that you put in your calendar, whether it’s a Google Calendar, which is really good, or even just your handwritten calendar at your home, you know, hanging on the fridge. Put the dates of when you must renew on your calendar to remind you to renew your licenses in a timely manner. So that you don’t become a GOFU and that you don’t have a gap in your ability to be a defender instead of a victim. You have to be conscientious about those renewal dates and processing

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times. And if you have a lot of licenses, like Teddy and I do, for all over the place, we have them all calendared so we know when to renew. You need to do the same.

Teddy Nappen 43:17

I can think of movie Brazil when the guy gets killed by paper.

Evan Nappen 43:47

Yeah. Well, that’s what they want to do. They want to wipe out the Second Amendment in that paper hurricane, it seems. But anyway, this is Evan and Teddy reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 2 44:08

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 E229_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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