Episode 234-Booby-Trapped Rifle Found By Police

Also Available OnSearchable Podcast TranscriptGun Lawyer– Episode 234

SUMMARY KEYWORDS

New Jersey Attorney General, weapons offenses, booby trapped rifle, assault firearms, large capacity

magazines, unlawful possession, certain persons, New Jersey Transit Police, unattended luggage,

binary trigger, Glock handgun, AR-style rifle, silencers, gun safety laws.

SPEAKERS

Evan Nappen, Speaker 2, Teddy Nappen

Evan Nappen 00:16

I’m Evan Nappen.

Teddy Nappen 00:18

And I’m Teddy Nappen.

Evan Nappen 00:20

And welcome to Gun Lawyer. Well, the New Jersey Attorney General just published a news release

that is entitled Florida man. Forida Man. “Florida Man Indicted on Weapons Offenses After Bringing

Firearms, Including a Booby-Trapped Semi-Automatic Rifle, on Amtrak Train”.

(https://www.njoag.gov/florida-man-indicted-on-weapons-offenses-after-bringing-firearms-including-a-

booby-trapped-semi-automatic-rifle-on-amtrak-train/)

Evan Nappen 00:50

So, let’s take a look at what happened here and find out what a booby-trapped, semi-automatic rifle is.

Now, the news release says that this was, it came out April 16, 2025, that the Attorney General

announced today that a Florida man has been indicted for aggravated assault, endangering others, and

a multitude of weapons offenses, including possession of dreaded assault firearms. He didn’t say

dreaded, but he did say assault firearms. Excuse me, he said assault weapons, which, by the way, is

not what’s prohibited in New Jersey. It’s assault firearms. But why should the Attorney General know

that? His news release called them assault weapons. Large capacity ammunition magazines.

Handguns. Silencers. And a booby-trapped rifle that fired during his arrest at the Trenton Transit

Center.

Evan Nappen 01:55

The news release goes on to say that Jeffrey O. Kennerk, 34, of Fort Lauderdale, Florida, is charged by

indictment with possession of a weapon for unlawful purpose. Four counts of unlawful possession of a

weapon; three counts of unlawful possession of an assault firearm; one count of aggravated assault;

one count of certain persons not to have weapons. All second degree crimes. So, just looking at those

certain persons not to have weapons, that is persons who are somehow they claim prohibited from

having guns. Could be a felon. Could be someone with a domestic violence restraining order or

Page – 1 – of 14domestic violence misdemeanor. Could be somebody even with an involuntary mental health

commitment. It could be any number of otherwise prohibited persons. It doesn’t explain what makes

this person, allegedly, a certain person. Second degree crimes in New Jersey. They carry up to 10

years in State Prison. Most of these offenses are Graves Act offenses that carry a minimum mandatory

three and a half years with no chance of parole, and the judge must impose that sentence as a

minimum mandatory component of the sentence. Certain persons not to possess, if it is a firearm, as

opposed to just weapons. That’s a five year minimum mandatory.

Evan Nappen 03:27

Now this person, it says further, is also charged with two counts of unlawful possession of a large

capacity magazine; one count each for unlawful possession of hollow nose ammunition; unlawful

possession of a silencer; endangering another person; and causing or risking widespread injury or

damage. All fourth degree crimes. Fourth degree crimes carry, by the way, up to a year and a half in

State Prison. It goes on to say that the defendant allegedly hauled a small arsenal of deadly weapons

and ammunition through busy transit stations and on a train filled with passengers. He allegedly left a

suitcase containing assorted weapons and ammunition, including an assault rifle. Again, assault rifle is

not a term found in New Jersey gun law. In the concourse of Newark Penn Station, where anyone could

have been harmed by them. Anyone could have been harmed by them, if not for the outstanding police

work done in this matter. We can only imagine where this defendant and these weapons would have

ended up. They probably would have ended up at his destination, which appears to have been Florida,

but they don’t mention that.

Evan Nappen 04:46

“This case highlights the critical importance of effective law enforcement collaboration,” said the DCJ

Director Theresa Hilton. “I’m very proud of the NJ Transit Police officers involved in this case,” said NJ

Transit Police Chief Christopher Trucillo. “The officers who were on point in observing the unattended

luggage in Penn Station, the officers who tracked the suspect’s movements and passed the information

to their fellow officers in the Trenton Transit Center; and Transit officers in Trenton who then located

and took the suspect in custody. The case did not stop there. NJ Transit detectives, along with

investigators from other law enforcement agencies, continued to work the case that eventually led to

the suspect’s indictment. . .”

Evan Nappen 05:47

Now, according to two complaints and the indictment in this case, the allegations are as follows, folks.

This is right from the Attorney General’s News Release. At Newark’s Penn Station on January 3, 2025,

at approximately 2:55 pm, a NJ Transit Police officer noticed an unattended black and white zebra print

suitcase. Always watch out for those zebra print suitcases. In front of McDonald’s adjacent to the

entrance to the Newark subway. A K9 unit arrived, and officers cleared the bag for the presence of

explosive devices. Inside the suitcase, however, an officer found a Glock handgun case. The case

contained a Girsan Regard MC handgun with a fully loaded 18-round magazine. Now that Girsan

Regard is essentially a Beretta 92 clone, best way to describe it. They come standard with 18-round

magazines. By the way, the suitcase also contained an AR-style magazine loaded with .223 rifle rounds

and a plastic bag containing a shirt. What? A shirt? And two boxes labeled 9 mm bullets, four boxes of

.223 caliber bullets. A zipped secondary compartment in the suitcase contained a pink duffel bag

Page – 2 – of 14containing a black Zastava Arms AK-47 style rifle with one round loaded in the chamber and multiple

loaded magazines. I don’t think that pink duffel bag comes standard with that AK, but there you go.

Evan Nappen 07:39

It further says that a review of camera footage at the train station showed a man, allegedly later

identified as Kennerk, wearing a black jacket and red pants, carrying two suitcases, one of which had a

zebra print, and the other was a dark maroon colored suitcase. The suspect walked away, allegedly,

leaving the zebra print suitcase, and went to the Amtrak ticket window. It was learned that the subject

was boarding an Amtrak train bound for Virginia and the next stop would be the Trenton Transit Center.

Two police officers boarded an Amtrak train when it arrived at Trenton. Kennerk allegedly showed the

officers a valid Amtrak ticket for a different train and said he boarded the wrong train. He was directed

to wait for the next train, which would be arriving within an hour. Before that train arrived, the officers in

Trenton were notified about a person of interest wanted for weapons possession in Newark and saw

Kennerk about to board another Amtrak train. Before he could board the train, Kennerk was arrested.

Evan Nappen 08:46

Police searched Kennerk’s suitcase and allegedly found multiple weapons, including an AR-15 style

rifle that was separated into the lower and upper receiver, multiple caches of ammunition, multiple

extended magazines, and multiple handguns. While conducting the search of the bag, police allegedly

removed a separate rifle that was loaded with .300 AAC Blackout ammunition. While removing that rifle

from the suitcase, multiple handkerchiefs were observed wrapped around the trigger guard. I don’t think

the trigger guard had a cold, but anyway. The officer placed the muzzle into the suitcase pointed at the

ground and attempted to remove one of the handkerchiefs to render it safe. At which time the firearm

discharged without the officer engaging the trigger, indicating that the gun was allegedly booby-

trapped.

Evan Nappen 09:56

Okay, let’s talk about this, shall we? Do you think that gun was booby-trapped? I don’t know. What do

you think, Teddy? Do you think it was booby-trapped?

Teddy Nappen 10:09

It seems pretty clear that the Transit Police don’t know how to check if a gun is loaded or not.

Evan Nappen 10:17

Precisely, precisely. Because if you’re going to render a firearm safe, you don’t want to be a GOFU.

And what is a GOFU? Not first checking to make sure that the firearm is unloaded. In other words, you

get a gun with handkerchiefs wrapped around its trigger, no less, or any firearm. Any time you’re

handed a firearm, rule number one, even if the person right before you checked it, you always check it.

Drop the magazine and clear the chamber. Obviously, that didn’t occur, because for the gun to fire,

there was a round in the chamber. And if there was a round in the chamber, then the magazine was not

most likely extracted. And even if the magazine was not in it, plainly a press check. Right, Teddy?

Would be called for. And in this case, with an AR, you’re gonna pull back that charging handle, pull

back the bolt and make sure that chamber is clear before doing anything concerning the trigger. But.

Page – 3 – of 14Teddy Nappen 11:31

The only thing I’m kind of curious about is, um, the only thing I’m curious about is, just for practicality’s

sake, why would he wrap handkerchiefs around the trigger?

Evan Nappen 11:42

Well, that’s a good question, and we don’t know the answer. But I can tell you why. The gun, probably,

and I’m purely speculating here, most likely, there’s a strong possibility, that that AR, had a binary

trigger. So, a binary trigger, which is legal under federal law and most likely there’s going to be a good

legal argument made by the State that binary triggers are prohibited in New Jersey. We’ll get into that in

a little bit. But what a binary trigger does is it fires the gun when you pull the trigger, and it fires the gun

when you release the trigger. So, in other words, a firearm with a binary trigger has both your standard

trigger that you would associate when you pull it and what is called a release trigger. Now, release

triggers are used throughout the sporting world in shot gunning. There are many trap guns and other

shotguns where it’s a release trigger so that you pull the trigger and it doesn’t fire when you pull it, but

when you release it, it fires. And some folks that engage in sport shooting at clays prefer a release

trigger so that the firing of the shotgun the belief is that it is better for shooting at clays in some

techniques of shotgun shooting, where the release trigger might be preferred by individuals. So, a

release trigger is a known trigger used in the sporting world. And one of the top manufacturers of

release triggers is Franklin Armory, of course. They make binary triggers for ARs.

Evan Nappen 13:44

Now, if there’s a round in the chamber after pulling the trigger on the first shot, that would load another

round into it. Then if the trigger was not depressed, and let’s just say, in this case, wrapped with

handkerchiefs for whatever reason, I have no clue. But then there’d be a round in the chamber, and

upon the release of the trigger, the gun would then fire. Of course, it would not fire if the chamber had

been cleared first, which obviously did not happen here, because it fired. Instead of being critical of the

officer’s failure to clear the chamber, we’ll just make this out to be a booby-trapped rifle that was set to

cause widespread damage and injury, according to the Attorney General’s news release. Whereas the

so-called risk could have been curtailed with proper checking of a firearm’s chamber to ensure that it is

unloaded before ever touching a trigger.

Evan Nappen 15:08

So, that is a takeaway for all the listeners, so that you don’t create a GOFU with any firearm, at any

time. Always make sure the magazine is removed. If it’s a cylinder on a revolver, make sure the

cylinder is emptied. On a semi-automatic firearm, after removing the magazine, make sure there’s no

round in the chamber. Look in the chamber. Pull it back once, twice, even three times. Make sure

there’s nothing there, that it’s absolutely empty. And that’s how you ensure that a firearm is rendered

safe. I’m sure that most of my listeners are well aware of that, but if not, now you are.

Teddy Nappen 15:54

By any chance, did, uh, did the article go into why the guy was traveling? Just.

Page – 4 – of 14Evan Nappen 16:00

No, it didn’t say, why? It didn’t say what makes him a certain person. It doesn’t say anything along

those lines. I mean, the majority of just about everything here is arguably lawful in his home state, even

the allegation of so-called silencers. We don’t know if they were NFA registered.

Teddy Nappen 16:25

Or just cams.

Evan Nappen 16:26

We don’t know. Or maybe not, because I’ve often seen false silencer charges. I once had a case where

a client of mine had a Browning rifle with the Boss system on it that, you know, stops barrel vibration. If

you have ever shot a Browning Boss, it actually makes the gun louder, and the State charged him with

possession of a silencer. I’ve seen muzzle breaks and flash suppressors alleged to be silencers. Now

they’re claiming there were some baffles as well. Maybe they are. I don’t know. It could or maybe is,

maybe isn’t. Maybe they’re just parts that are not necessarily federally controlled or not. I don’t know.

But the silencer charge New Jersey is a fourth degree. The second degrees are the serious ones,

which include assault firearm, even though the news release refers to it as assault weapons, as assault

rifle. Then they do use the word assault firearm. They sprinkle those terms around like salt.

Evan Nappen 17:29

This is something where if the person is a prohibited person and he’s loaded with all these guns, maybe

there’s something nefarious or not. I don’t know. The article doesn’t indicate anything about that, other

than he was charged for having a firearm for an unlawful purpose. But I see that charge all the time

being placed upon persons because of how broad the so-called unlawful purpose can be stretched. So,

we don’t know if there actually was a bona fide, identifiable, unlawful purpose here, because that isn’t

stated in the news release. And you know, it’s not unlawful, necessarily, for transporting firearms

interstate. There is a federal law that permits it. But, of course, your guns, first of all, can’t be loaded.

So, if this guy had loaded guns, well, that’s a GOFU on him, right out of the box, transporting on

Amtrak. There are special requirements, same as on an airplane. It doesn’t appear that any of those

things were observed here. So, another possible GOFU there on lawful transport.

Teddy Nappen 18:43

We got a meeting to it now. Don’t fly out of Newark and don’t go on Amtrak in New Jersey.

Evan Nappen 18:50

Well, one thing you don’t want to do is leave your luggage unattended, because that’s really stupid. Not

only for what all apparently may have led to here, but also because you don’t want to lose your valuable

property. So, you better be careful while traveling so that your property isn’t misappropriated. Now, you

know, the interesting thing on this about a binary trigger. If we look at the actual definitions, well, how is

a machine gun defined in New Jersey? “Machine gun” means any firearm, mechanism or instrument

not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of

storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and

fired therefrom. A machine gun also shall include, without limitation, any firearm with a trigger crank

attached. (N.J.S. 2C:39-1i.)

Page – 5 – of 14Evan Nappen 19:52

Now, a binary trigger is not a trigger crank. It doesn’t crank; so, that’s not included. The definition of

trigger crank is any device or instrument attached to a firearm that repeatedly activates the trigger or

firearm through the use of a lever or other part that is turned in a circular motion; provided, however,

the term shall not include any weapon initially designed and manufactured to fire through the use of a

crank or lever. (N.J.S. 2C:39-1ff.) So, in New Jersey, Gatling guns are legal. That’s right. Gatling guns

are exempt from the trigger crank definition and exempt from the definition of machine gun. So, if you

want to possess a Gatling gun, that’s fine. And as you know, they make modern Gatling guns that fire

.22s, that fire 9 mm using Glock mags. And of course, if you are fortunate enough to have one of the

original Colt Gatlings or any of the historic, great, incredibly valuable Gatling guns, then good for you.

I’m envious of you, for sure. But Gatling guns are lawful. Notice the definition on trigger crank does not

include a binary trigger by its definition.

Evan Nappen 21:13

Then bump stocks are, of course, prohibited. Bump stock means any device or instrument for a firearm

that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm

to generate a reciprocating action that facilitates repeated activation of the trigger. (N.J.S. 2C:39-1ee.)

So, a binary trigger is not a bump stock. But is it a machine gun? One of the ways maybe the state

might argue in New Jersey that it is a machine gun is because New Jersey’s definition differs a little bit

from the federal definition. Binary triggers are lawful under federal law, and federal law defines machine

gun under 26 U.S.C. 5845(b) under the National Firearms Act. Any weapon which shoots, is designed

to shoot, or can be readily restored to shoot, automatically more than one shot without manual

reloading, by a single function of the trigger.

Evan Nappen 22:16

A binary trigger actually has two functions of the trigger, the pulling and the releasing. Whereas New

Jersey says a trigger can be pressed for each shot. So, the not requiring that a trigger be pressed. You

press the trigger, but then you release the trigger. The initial firing takes place, pressing, they would

probably argue the second shot fires when it’s released. But does that press cover for both actions or

not? Because you can’t do a release trigger without pressing the trigger. So, I don’t know. That’s an

interesting legal question. I’m not going to advise anybody to possess binary triggers in New Jersey,

unless you want to be the test case. And I don’t think you do. But who knows this one might be? And

that’s assuming this was a binary trigger, which it may not have been. It sounds like it if the

handkerchiefs were wrapped around a trigger keeping it depressed. Then upon releasing the

handkerchief, that is something that would have made a release trigger fire. So, there you go. An

interesting case for sure. We’ll see what issues come out from it, and if more information comes out,

we’ll keep you informed.

Evan Nappen 23:46

So, Teddy, tell us about your Press Checks. And as we know, Press Checks are free, and they’re

important to do.

Page – 6 – of 14Teddy Nappen 23:54

Well, if anyone’s been kind of following a little bit of the news, you’ve noticed that the Dems have been

having a little bit of a civil war, where you have the two factions that have splintered off each other. You

have the establishment Democrats. You know, Pelosi, Schumer, all those. Then you have the woke,

ultra left progressives, the AOCs, the Bernie Sanders, that section. Well, if anyone remembers

everyone’s favorite gun grabber, known as David Hogg, who is now a vice chair with his group

“Leaders We Deserve”, he’s decided to put $20 million to primary other Democrats.

Evan Nappen 24:48

Is that thru the DNC?

Teddy Nappen 24:51

Yes, they’re using their own money to primary their fellow Democrats. As was described by Bearing

Arms in the article, it’s a circular firing squad, which you know as a bunch of gun grabbers that’s about

what they do with it. But what’s very. (https://bearingarms.com/camedwards/2025/04/17/gun-control-

activist-accused-of-circular-firing-squad-by-dnc-official-n1228342)

Evan Nappen 25:10

Bearing Arms, by the way, is an excellent news source for Second Amendment information, and I’d

highly recommend it. It’s great. (bearingarms.com)

Teddy Nappen 25:20

Absolutely. They did a fantastic article talking about what exactly his goal. Which, by the way, the

money that he’s going to be handing out to those candidates, this is in David Hogg’s own words from

The Hill. Hogg argued that the status quo in leadership in the U.S. has given way to issues like the

threat of school shootings, climate change, the lack of affordable housing, student debt, which he said,

have all a particular impact on young people. So, very clearly, you see where this money is going to. It’s

going to. Every Democrat that he’s pushing for in the elections are going to be all for gun control. I

mean, the entire party is die hard when it comes to gun control.

Teddy Nappen 25:26

They’re the party of Second Amendment oppression. Of rights oppression. Of civil rights oppression

when it comes to the Second Amendment. That’s what they’re all about. And he is, of course, the king

of that given his absolute.

Teddy Nappen 26:25

He was part of March for Our Lives, guild birds. The whole usual group.

Evan Nappen 26:29

All the gun rights oppressionists groups. They couch it all under the term of “gun safety laws”. It’s all for

gun safety. Of course, it doesn’t have anything really do with safety. It just has to do with oppressing

the Second Amendment and control. That’s exactly right. Control. Teddy, I appreciate you bringing that

to our attention.

Page – 7 – of 14Teddy Nappen 26:57

I will say, and I thought this is quite hilarious. So, if you’re familiar with James Carville, you know, the

Democrat strategist.

Evan Nappen 27:07

Crazy Cajun.

Teddy Nappen 27:08

Yeah, Crazy Cajun. It’s the economy, stupid. Like, kind of that guy. He decided to go on Newsmax and

on Newsmax. Sorry, he would never go on Newsmax. News Nation.

Evan Nappen 27:21

Oh God.

Teddy Nappen 27:21

And it was on News Nation. In his interview, Carville called Dave Hogg, a contemptible little twerp, as

he was threatening.

Evan Nappen 27:33

Well, Carville is funny. He said.

Teddy Nappen 27:36

Yeah, he is funny. Like he is a treat. Just.

Evan Nappen 27:39

He is funny. He cracks me up.

Teddy Nappen 27:41

Yeah, he has.

Evan Nappen 27:43

Well, my favorite quote by Carville.

Teddy Nappen 27:46

Great stuff. Yeah.

Evan Nappen 27:47

My favorite quote by Carville is how he described Pennsylvania. He said Pennsylvania is Philadelphia

and Pittsburgh, with Alabama in between. That’s pretty good, actually. That pretty much nails it.

Teddy Nappen 28:02

Well.

Page – 8 – of 14Evan Nappen 28:03

And let’s talk about our good friend.

Teddy Nappen 28:05

It was actually,

Teddy Nappen 28:07

Well, I was gonna say. I just wanted one last bit. He is pushing to sue David Hogg for the Democrats.

Like doing. He’s talking about, like, a fiduciary duty. He doesn’t even.

Evan Nappen 28:07

Oh, go ahead.

Evan Nappen 28:20

So, they’re like, I don’t even know either. That’s why it’s a firing squad, huh, a circular firing squad.

Teddy Nappen 28:25

Yeah, exactly.

Evan Nappen 28:27

So, the Dems are.

Teddy Nappen 28:28

It’s pretty funny.

Evan Nappen 28:29

Biting each other here, over there, huh, just going at each other because they’re so frustrated over their

absolute earth shattering losses and how they’re always. When the issue is 80/20, they’re always on

the 20. How they can’t get leadership, how their agenda has been proven to be a failure to America.

The destroy America party. Yeah, it’s pretty good.

Teddy Nappen 28:55

Yeah. Their poll numbers are like, I think, 20 or 21, or so. Like, it’s just low.

Evan Nappen 28:59

Yeah. Well, good. Let’s hope they keep at it. Never, never, stop your enemy when they’re making a

mistake. So, these sound like great policies. I hope, and I wish all the success in the world to Mr. Hogg

in his efforts to primary any moderate Democrats. Please do that. Please. Great idea. Great idea. Let’s

support that whole hog.

Evan Nappen 29:26

Okay. Our good friends at WeShoot, by the way, have some interesting information. WeShoot, number

one, WeShoot will be closed for Easter on April 20. Also, they are proud to announce that you can meet

and greet Bill Spadea, the gubernatorial GOP candidate for New Jersey. He’s going to be at WeShoot

Page – 9 – of 14on April 23 from 6 to 8 pm. This event is open to the public. We encourage everyone to come and

participate. And while that event is ongoing, the range and store will remain operational but expect a

larger crowd than usual. Now, there will be a closure for a private event at WeShoot on April 24, and

doors will close at 5 pm with the last entry at 4 pm. WeShoot wants to remind you to make sure that

you make arrangements to prevent your gun purchase permit from expiring. Because remember, if you

got a NICS or a gun permit for purchase, they have time limits. You have to use it within the 90 days.

So, make sure that you do and that you’re aware of your time frames. You don’t want to have that

problem.

Evan Nappen 30:47

Also, WeShoot has a very interesting announcement, and that is regarding whether if anyone is visiting

Florida for Passover or Easter, WeShoot has teamed up with Shooters World, the number one gun

range in Central Florida. And thanks to their exclusive partnership, you can enjoy a free range

experience valued at $135 for access for you and a guest. Just use code WESHOOT25 at the

participating Shooters World location before April 30, 2025. So, if you’re a WeShoot member, that is

awesome, and you can still continue to shoot in the wonderful state of Florida, and that is very cool.

Remember, if you need any training, if you want a great range, if you want fantastic pro shop, you want

to check out WeShoot in Lakewood, conveniently off the parkway. It’s where Teddy and I shoot as well.

Everybody loves it. Go to weshootusa.com and check out our good friends at WeShoot.

Evan Nappen 32:12

Also, our good friends at the Association of New Jersey Rifle & Pistol Clubs. They are deep in the battle

for our rights. They have a full-time paid lobbyist in Trenton, and we’re fighting hard against the new

laws proposed by Murphy and the Democrats. Again, more gun rights oppression in New Jersey, and

the Association is on it. They are in the courts. We’re waiting any day now for some results. We expect

to hear very shortly over the challenges to the Carry Killer law, the magazine ban and the assault

firearm law. These are all things that are in the federal courts, being challenged, fighting for your rights.

If you’re not a member of Association, anjrpc.org, you need to be. You need to be part of the solution.

By joining, you will get all the email alerts as to what’s going on. You’ll get a beautiful, great newsletter.

The finest printed newsletter on gun rights in New Jersey. And you will be proud to be part of the

solution, my friends.

Evan Nappen 33:26

By the way, this is also where I want to mention the Bible of New Jersey gun law, which is my book,

New Jersey Gun Law. It’s not surprisingly named New Jersey gun law. Because it’s over 500 pages

with 120 topics, all in a question and answer format. It will help you from becoming a GOFU. It is the

user manual to New Jersey’s insane gun laws. I don’t want to see you become a victim of New Jersey

gun laws. This book is a labor of love by yours truly. You can purchase the book by going online to

EvanNappen.com. You’ll see the big orange book there. Just click it and order your copy today. When

you get it, scan the QR code on the front and join my free private subscriber base where you will

immediately gain access to the 2025 Comprehensive Update that fully updates the book. And as new

laws are passed and there are changes in laws, I will send out email alerts to all my subscribers for free

so that you can stay current with the law.

Page – 10 – of 14Evan Nappen 34:41

So, we have some great letters here from our listeners, which I always love. This is from Bill. Bill says

regarding new registration law regarding gun shop owners. That was last week’s show about the new

requirements from that Point Blank lawsuit. I don’t have a question, but I do have an opinion about this

law. The state is attempting to drive gun shops out of business. Except for a handgun, some gunners

will shop across the Delaware River. Bill is absolutely right. This is all part of the gun rights oppression

to make it harder and harder and harder to be.

Teddy Nappen 35:19

They want to create gun deserts.

Evan Nappen 35:22

Yeah, exactly. And they’re using these laws to crack down further, making it more and more difficult to

conduct a lawful firearm Second Amendment business in New Jersey. So, Bill is absolutely correct in

his observation. This one is from Steve. Steve said, I just listened to the GOFU of the week, and I am

confused about what falls under the NFA rules that New Jersey ignores. I’m a dual resident and do

most of my shopping out of state. What can or can I not bring home with me? Non-compliant weapons

are pretty obvious, but compliant firearms are not. The “gun related” items are not clear. Be it

magazines, as in the podcast, weapon lights, optics. What flies and what exposes us to the rather of

NJ? I don’t know what that may be. The wrath. He probably meant the wrath of NJ. Also, is this the

correct place to ask this question? Yes, it’s the correct place to ask this question.

Evan Nappen 36:23

So, Bill. I mean, Steve. There are things that, unfortunately, you’ve confused a little bit. Let me just

clarify based on your letter. Number one, NFA, which is National Firearm law, Firearm Act, technically.

It’s the National Firearm Act that is a federal law which prohibits machine guns, silencers, destructive

devices, any other weapon that’s a category, short barrel rifles, sawed off shotguns. In order to lawfully

possess those under federal law, you need to pay a tax stamp and go through federal registration. But

even if you do that, New Jersey has separate state bans on virtually all NFA items. So, New Jersey has

its own machine gun ban. New Jersey doesn’t care that you have a properly registered tax stamp paid

federal machine gun. New Jersey just says it is banned.

Evan Nappen 37:11

They don’t care that you have a properly registered short barrel rifle. New Jersey has its own prohibition

on short barrel rifles. New Jersey doesn’t care if you’re sawed off shotgun is all federal legal. New

Jersey has a separate ban on that. They don’t care that your suppressor or silencer is NFA lawful. You

paid the tax stamp and are good to go. Because New Jersey has its own separate law banning that.

The same with any other weapon. They have bans on just about everything that the Federal law

prohibits but allows, by way of the tax stamp registration. New Jersey just flat out doesn’t allow it, and

the exemptions are extraordinarily narrow. They really don’t apply to just average law-abiding citizens

anyway. New Jersey is not ignoring NFA rules.

Page – 11 – of 14Evan Nappen 38:13

So, if you’re thinking about guns that are not NFA, but might seem to be NFA, but are not NFA, then

you might be thinking about what are called “others”. For example, with the Mossberg Shockwave, New

Jersey follows federal law that does not view the Shockwave, even though it has 14-inch barrel and

fires a 12-gauge shotgun load, as a sawed off shotgun. It’s considered an “other”, and New Jersey

follows that ruling. At least as far as I know, they haven’t changed on that. So, a Shockwave is not

prohibited in New Jersey, in the same way that it’s not NFA under federal law. But if something is NFA

under federal law, then New Jersey pretty much has a companion state law that says, too bad, New

Jersey prohibits it. But if it is something that’s not NFA, then we can look and see how New Jersey law

treats it. That’s where you may find firearms that are non NFA, that are others that New Jersey does

allow.

Evan Nappen 39:23

Now, as far as shopping goes, the compliant weapons issue that you’re concerned about, whether

something’s “gun related” has to do with the obligations being placed upon gun shop owners and

businesspersons. They are put under this law in which they cannot sell these things to somebody

unless they have demonstrated enough by identification and background check, et cetera. That the

person is not prohibited from possessing a firearm, even when it comes to buying a magazine or a gun

part or a firearm accessory. That’s where the stores and the shops are at risk over this. But it’s not a

prohibition on individuals possessing those items. It’s a prohibition related to how the businesses must

conduct themselves, above and beyond, in terms of anything that would actually be prohibited for a

person to possess. But the stores have to take these added precautions, as we discussed in the

previous show. So, thanks, Steve, for asking. Because if people are confused, because New Jersey

laws are complex, and they do get confusing, I’m always happy to address it and straighten it out.

Evan Nappen 40:50

Here’s a question from Steve. This one is about CCARES Protocol Questions. So, CCARE is the

qualification course you take to get your New Jersey carry permit. And what it says is, is there any

further guidance on CCARE Protocol other than the original document? No, there’s no other guidance

that I’m officially aware of. There were a couple of questions raised that don’t seem to be specifically

addressed. Sequence of distances – Are the distances (15, 10, 7, 5, and 3 yards) required to be done in

that order? Well, the order is not necessarily a requirement, but it’s best to follow the protocols as they

are laid out. So, this way the instructor can certify that you’ve met the protocols as per the CCARE.

Your best bet is follow what it says. Magazine reloads – Is it permissible to load semi-auto mags with

the 10- round capacity, then shoot two strings of five shots? Of course, reholstering safely between

each string of five shots. I wouldn’t recommend it, because one of the things CCARE is looking to test

is your safe handling, your core competency with a firearm. The loading and unloading, removal of

magazines, holstering, and re-holstering. Those things are part of the protocol that they’re looking for.

CCARE, remember, is not gun specific, but they want to make sure you can extract empty mags, put

new mags in, and that you can properly holster and re Holster your firearm safely. And that’s what

CCARE is looking for. So, I wouldn’t go that 10-round mag route. Steve further says, love your podcast.

Teddy Nappen 42:44

Don’t do the highwayman’s role at the CCARE event also.

Page – 12 – of 14Evan Nappen 42:47

Yeah, please don’t do that. No highwayman’s role there, where you make believe you’re handing the

gun over, flipping it and then firing it. That is not part of CCARE and not advisable at all. Steve further

says, and this is important, Teddy. Because this is a compliment to the show that I have to read that

says, love your podcast. Look forward to it every week. Keep up the great work. Thanks, Steve, for your

compliments as well.

Evan Nappen 43:16

Here’s a letter from Jimmy. Jimmy says, Gun Lawyer. I just want to say thank you for telling us listeners

about The Royal Mint and the George Orwell coin. I just got mine in the mail today, plus the Battle of

Lexington and Concord. Thank you for sharing your knowledge on them, Jimmy. Hey, Jimmy. I’m really

psyched that you got it. Isn’t that just the greatest example of absurdity. I think the U.K. there is utterly

clueless that they have become the nightmare of George Orwell. And for them to make a George

Orwell coin. I have the George Orwell coin. It’s the eye that watches you. The big brother, silver dollar,

George Orwell coin from The Royal Mint, is sitting on my desk right now with its watchful eye over me.

Yes, it is absolutely great and just hilarious that, of all places, the United Kingdom would present the

George Orwell commemorative coin.

Evan Nappen 44:19

I think the Democrat Party should actually make the George Orwell eye their symbol. It would be very

appropriate as well. Maybe David Hogg could consider that as a fundraiser as well. But it really does

have some great benefit, owning the official George Orwell coin. And then, of course, you did notice

that the Royal Mint is selling, ironically, the Battle of Lexington and Concord commemorative. I guess

they’re commemorating their defeat and the American revolution that occurred in winning against

England. So that we can hopefully not end up an Orwellian state as the U.K. has. There you go.

Thanks, man.

Teddy Nappen 45:07

They had to decommission the coin that was of the Boston Massacre.

Evan Nappen 45:14

Well, there you go. And I guess Mr. Adams would have had a say in that one, as he defended those

folks, as you may recall. Not that you were there then, Teddy. I might have been there. I’m old enough,

but not you. And finally, Kenneth says, Hi, Evan. I’ve really been enjoying your podcast. I started from

the very first episode. Oh, you are a die hard, Kenneth. I give you credit. I’ve been hooked ever since.

Ahhh, yeah, that’s how I do. I get you in on one episode, and then you’re hooked. Thank you for all the

work you do for the firearm community. I truly appreciate it. I’m curious if you’ve explored using AI to

identify or highlight problematic aspects of proposed legislation. Do you think AI will have a significant

impact on how gun laws are shaped or challenged in the future?

Evan Nappen 46:02

So, let me just say I have not needed AI to point out all the GOFUs and idiotic problems of New Jersey

gun law. It just naturally comes with the territory. But it is a good question about AI. My belief with AI is

Page – 13 – of 14that it’s going to be used to further oppress Second Amendment rights. They’re going to use AI in

information gathering, in analysis, in the records, etc, and use it to target and harass and further

deteriorate our rights. And I’m afraid of AI’s use in that manner. Teddy, what do you think about AI?

Teddy Nappen 46:45

So, there’s been a lot of use where, for instance, they actually had an AI do the bar exam. Of course, it

got a perfect score, because that’s what happens when you give a computer all the information and all

the answers. There’s also the fact that there’s been a use where people have been using AI to write

motions. Well, they just say, hey, I need a motion to suppress, and then it’ll just spit out an entire

motion citation.

Evan Nappen 47:14

That’s not a good idea.

Teddy Nappen 47:16

Correct. Because it got them wrong. A lawyer, I don’t remember what, but someone got cited because

he used AI, and it cited the wrong sources. So, I don’t.

Evan Nappen 47:29

It made up stuff, and it doesn’t even, can’t always distinguish parody. It has all kinds of issues like that.

Plus, the other thing is, lawyers have to be extraordinarily careful with AI. Because if you use AI, it gets

into the public domain what you did, and you’re not protecting client confidentiality then. So, that can

also be a problem, particularly in the field of law. But AI is something that we’re looking, in a way, to

some exciting and at the same time, extraordinarily scary potential in the future. But, of course, our

podcast isn’t dedicated to sci-fi predictions. Still, I can tell you that I worry about its application when it

comes to Second Amendment oppression.

Evan Nappen 48:16

Hey, this is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens

from criminals. They protect criminals from honest citizens.

Speaker 2 48:27

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.

Page – 14 – of 14

Downloadable PDF TranscriptGun Lawyer S3 E234_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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