Gun Lawyer
Episode 248-Open Letter to President Trump
Episode 248-Open Letter to President Trump Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode 248 Transcript
Gun Lawyer — Episode 248 Transcript
SUMMARY KEYWORDS
Cashless bail, President Trump, gun rights, Second Amendment, New Jersey, firearm offenses,
suppressors, NFA taxes, ammunition pricing, law enforcement, gun safety, legal challenges, gun laws,
gun ownership, gun legislation.
SPEAKERS
Evan Nappen, Teddy Nappen, Speaker 2
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, President Trump has announced, amongst so many things, he’s hard
to keep up with. I will admit that. He’s announced that he wants to end cashless bail particularly after
the criminal migrant shot the border officer in New York. Cashless bail is a huge problem. This was put
forward by the Soros progressive crowd, and President Trump is absolutely right. But I want to give
today on the show, an open letter to President Trump about cashless bail. Not because I, in any way,
am critical of him wanting to get rid of cashless bail. I completely support getting rid of cashless bail.
But there’s another reason that I want President Trump to know as to why cashless bail has to go.
Evan Nappen 01:32
And you see what President Trump talks about, and this is from an article in the Washington Times,
July 22, by Matt Delaney, where he states that President Trump has called for an end of the cashless
bail after two illegal immigrants with numerous arrests shot an off-duty border officer in New York City
during a failed stickup. (https://www.washingtontimes.com/news/2025/jul/22/trump-wants-cashless-bail-
ended-criminal-migrants-shoot-border/) And what President Trump said is that the worst criminals are
flooding our streets and endangering even our great law enforcement officers. It’s a complete disaster.
This must be ended immediately, and he’s right about that. Cashless bail acts like a revolving door for
genuine bad guys, the rapists, the murderers, and with a particular focus on letting the illegal
immigrants out, you know, of course. And anything that the progressive left supports, any criminals that
they like, they love, to have the cashless bail. So, they can bring them in and let him go again to further
commit havoc on America. And that is the plan with cashless bail.
Evan Nappen 02:47
Because what cashless bail does is it removes traditional bail. That means if you get arrested, a judge
decides whether to let you out or not. There’s a great deal of leniency and manipulation that takes place
Page – 1 – of 11in these things, and these really terrible people that are danger to society end up getting released. And
this situation that President Trump is referring to is one of so many examples of this. By the way, this
was followed up by Homeland Security Secretary Kristi Noem, and she also complained about this and
how sanctuary policies, in addition to this stuff, causes a problem. And of course, in New York Mayor
Adams, who is a Democrat, he is, to his credit, opposing the state bail laws and allowing these migrants
out.
Evan Nappen 03:51
So, this is definitely an important issue. But the reason for my open letter to President Trump is that
what isn’t being talked about, which is critical to being discussed when it comes to cashless bail, is how
cashless bails are used. Not just to release these heinous criminals back onto our streets, but also
used in the opposite way, to imprison otherwise law-abiding gun owners on technical firearm offenses.
New Jersey has cashless bail, and it is used in this way. It is used as the Gun Owner Gulag. And since
gun owners are not favored, since the Second Amendment is hated, since there is a Second
Amendment oppression that runs through the system, taking place when you. If somebody is charged
with a gun offense, they are now subject to the opposite, to all the propaganda being put forward about
the evil of firearms and why a person would have a gun, and all that happy crap and that is used to try
to keep that person imprisoned until their trial. It could be years before the person is released.
Evan Nappen 05:31
And right now, as we speak, as many of you are aware, because we talked about it on the show, New
Jersey has a bill that passed already one of the houses and was about to pass the second house and
about to go to the Governor’s desk. Now, luckily, it’s been delayed over the recess, but it’s going to
haunt us and come back again for sure. And what it does is it states that anybody charged with any
firearm offense at all, there will be a presumption against release, in which that person will have to stay
imprisoned with no bail, just the opposite, and it will affect so many gun owners that are not guilty of
anything. We’re talking about false charges on assault firearms that I see all the time. We’re talking
about misunderstanding by law enforcement over the actual way sensitive places work. New Jersey is
also looking at criminalizing accidental discharge. So, any accident, you become a firearm offender,
and now are going to stay in the Gulag.
Evan Nappen 06:41
So, what I say to President Trump is, yes. I’m totally with you on getting rid of cashless bails. But
please go forward with the other reason to get rid of cashless bails, and that is that cashless bails are
political. Cashless bails are used by those to go after their political enemies. Cashless bail is the
weaponization of bail against gun owners and others who are not liked by the powers that be that are in
control, and that is also what needs to be put out there. That is where the bully pulpit of the Presidential
microphone needs to exclaim this other factor. You don’t have to take my word for it. All you’ve got to
do is look at what New Jersey does and how they intend to further this evil by making the laws even
more harsh and draconian on law-abiding gun owners. This is truly a crisis, and it is a problem. It is
designed to disenfranchise gun owners. It is designed to discourage self-defense. It is designed to stop
individuals from carrying so they can be defenders instead of victims.
Page – 2 – of 11Evan Nappen 08:30
You have to look at the cashless bail situation in the big picture, because it’s not just making cashless
bail with a presumption against release for a firearm offense. But you have to look at what the state
makes firearm offenses. They create an untenable matrix of the most confusing and asinine laws you
can imagine to make it extremely difficult for a law-abiding citizen to stay law abiding. They create
arbitrary and capricious laws. They create vague laws as well, and they are very difficult to manage.
They do not train law enforcement when the case law takes bites out of the law. I’ve seen this in my
practice over and over again, of law-abiding citizens facing the Gulag. Luckily, I’m very good at getting
our guys out, but there are so many that end up not getting out, particularly when others that aren’t as
familiar with all the nuances and the way to overcome and call out the anti-gun Second Amendment
oppression bias that is being exhibited in any of these hearings.
Evan Nappen 10:05
So, cashless bails need to go. And President Trump, I would ask you please also mention and
emphasize the other use of cashless bails, which is essentially to go after your constituents. To go after
those folks that treasure and want to exercise their Second Amendment rights and not face the threat of
being held in jail, convicted of nothing over the most technical, absurd and confusing laws in the United
States, which this handful of progressive left, blue, idiotic states have put on their books. New Jersey is
the worst offender trying to make it even worse. This is the reality of the issue of cashless bail. This
second point has to be made part of the public awareness to the problem with cashless bail.
Evan Nappen 11:29
Let me also bring to your attention something really great that President Trump did. As you know, the
big, beautiful bill passed, and in that was, of course, the removal of the NFA, National Firearm Act,
taxes on silencers, what we call suppressors, but the law calls silencers and on short barrel rifles and
on AOWs, any other weapons. By removing the tax, of course, as we’ve discussed, that’s great,
because now the door is open for the big, beautiful lawsuit to take out the NFA, which is tax based. But
that’s not all the big beautiful bill did for gun owners. I want to bring out something that apparently very
few folks are talking about. And this is from an article from AmmoLand, a great gun rights news site.
This article is called “The Golden Age of Small Arms Ammunition? The Part of Trump’s Big Beautiful
Bill No One Is Talking About”. (https://www.ammoland.com/2025/07/golden-age-of-small-arms-
ammunition-trumps-big-beautiful-bill/)
Evan Nappen 12:38
Well, I want to talk about it, and this is really interesting. One of the things in the Big Beautiful Bill is that
it will have a dramatic effect, apparently, on ammunition pricing and availability, making it incredibly
more affordable and way more available. In the bill, there is literally $42 million for investments in
second sources for rocket motors and hypersonic missiles. But then right after that, there is $1 billion
for the creation of next generation automated munitions production factories. Yes, let that sink in, folks.
One billion for next generation ammo manufacturing. That is awesome. Then there’s $100 million for
the production of small arms and medium ammunition, and there’s an additional $2 billion for the United
States to stockpile critical minerals. These are minerals critical to the production of ammunition. And
$10 million for the expansion of the DoD armaments, core cooperation workforce. So, this has some
great things in it.
Page – 3 – of 11Evan Nappen 14:45
With $100 million for small arm, for small and medium ammo manufacturing. This means that ammo,
you know, like .223, .556, and such is going to be even more prevalent, and it’s going to dramatically
increase production with even more automation. With the $1 billion for high tech ammo factories, it
appears that this will allow the factories to use robots and smart tech. And munitions, of course, is a
broad word, but most likely it’s going to include small arms ammo, since the bill focuses on military
needs. This could include upgrading, you know, like Lake City and starting new plants. So, this is very
exciting, including, of course, don’t forget the $2 billion in ammo materials. That stockpile of materials
means that stuff like copper for bullet jackets, lead cores and antimony to make them tough, all that will
be put in place to avoid shortages that could raise prices and reduce our reliance on China. Plus $10
million for more ammo workers, working with the DOD and others. That means with more workers,
fewer delays, no more round shortages. More rounds can get made. And all of this coming together
really makes it seem that we will see a welcome change in ammunition inventory and pricing thanks to
President Trump and the Big Beautiful Bill. Of course, the Republicans got it through, and it is now law.
I also want to question. Go ahead, Teddy.
Teddy Nappen 16:56
In regard, kind of going back to one thing on the cashless bail, I’m looking at. Would there be either an
executive authority or executive power, or would that require an act of Congress? And even then, would
they be able to overturn states powers in their ability to stop, like, to do cashless bail?
Evan Nappen 17:17
Well, that’s a really good question. I think, you know, President Trump doesn’t seem to have any fear in
putting out Executive Orders, but I don’t know whether that would be something that could be in his
executive power. Now, plainly, Congress has the ability to write preemptive laws where they can
preempt state and local laws. So, Congress, it seems, could pass a law that preemptively ends cash
bails. They could, of course, relate it to the Eighth Amendment that guarantees us a reasonable bail
because these outrages on both of the issues, either releasing the evil ones back into our society or
using it, politically weaponizing it, seems to go at Constitutional concerns under the Eighth Amendment.
Congress passing a preemptive law would definitely be the best path, if it could be done. They also
might be able to use the federal grant and aid ability where monies wouldn’t go to states that have
cashless bails. Money is for criminal justice. Money is for who knows what, whatever they want to use
as the lever to get states to not have these outrageous laws. And of course, New Jersey always has its
hand out for federal money. So, start threatening their money, and we could also see some results
along those lines. But how they proceed with it, I don’t know. Just raising public awareness alone is a
really good thing.
Evan Nappen 19:11
Now I have a very interesting announcement here from our good friends at ANJRPC, which is the
Association of New Jersey Rifle & Pistol Clubs. They are the NRA state affiliate, and they are the
number one gun rights organization in New Jersey. And all my listeners should be a member of
ANJRPC. You’ll get all their updates and emails. And if you are a member, you might, in fact, have
gotten notice about this. ANJRPC has joined, as part of six leading gun rights organizations, filing in a
Page – 4 – of 11joint lawsuit to overturn New Jersey’s suppressor ban.
(https://www.anjrpc.org/page/ANJRPCJoinsLawsuitOvertunSupprBan) And it is about time. New Jersey
bans the possession of suppressors, what you might call silencers. Now that the Big Beautiful Bill has
removed the tax, there is a big, beautiful lawsuit challenging even the NFA, even if they’re successful
federally in killing the federal ban, New Jersey State ban needs to go. And of course, legislatively, our
Democrat-controlled legislature, controlled by Second Amendment oppressors, is highly unlikely to
pass laws reforming and removing the ban on silencers and suppressors.
Evan Nappen 20:40
Even though, interestingly, the U.K., of all places, which is, you know, viciously out to end gun
ownership there, they are actually moving toward removing their restrictions on what they call sound
moderators. And why? Because sound moderators or silencers or suppressors are very useful tools.
They are hearing protection. Would you run your car without a muffler? Well, why should you run your
gun without a muffler? That’s what a silencer is, and it doesn’t sound like you see on TV shows. It still
makes noise, just not ear splitting, eardrum damaging noise. They’re very useful for training. So, you
can hear range commands. And for hunting, so you can listen for game, and for that matter, other
hunters. They are great for home defense. If you have to shoot your gun in your house, you won’t blow
your ears out. There’s so many positives and hearing protection being critical, and number one among
them. This is now a time that has come to try to knock out New Jersey’s ban. I’m very proud, and so
should you be, of our state Association joining in this big lawsuit going specifically after New Jersey’s
archaic ban on suppressors. It is really about time.
Evan Nappen 22:26
And from the ANJRPC news release, they have made it clear. For example, the ban on suppressors in
New Jersey is an unacceptable violation of the Second Amendment rights for law-abiding gun owners
across the Garden State. Suppressors are essential safety devices that protects hearing and preserves
situational awareness for millions of gun owners and sportsmen. And that is a statement quoted from a
essay by the American Suppressor Association (ASA) President and Executive Director, Knox Williams.
It is precisely on point. And you have the backing here of Safari Club International. You have NRA-ILA
and SAF on board. You have the Executive Director of ANJRPC, Scott Bach, saying, this case will send
shock waves through New Jersey State House, where lawmakers pretend that the Second Amendment
doesn’t apply to them. They’re about to get a wake up call like no other. ANJRPC is proud to be part of
this historic effort. Also joining is NJFOS. Their director, Joe Loporto, says, we are proud to stand
among our partners at the ASA, NRA, SAF, ANJRPC and Safari Club in this critical step to restore the
Second Amendment rights of New Jersey residents. There is nothing ‘common sense’ about a total ban
on suppressors, an arm that can only be used by people of this state to exercise their core
Constitutional rights in a safer manner. So, that’s a really good point.
Evan Nappen 24:26
Because the anti-gun rights, you know, the oppressors, say oh, it’s always about gun safety. Gun
safety. Of course, it’s a lie to pass gun control. Well, if you truly care about gun safety, then you should
be joining these groups in supporting removing the ban on suppressors, because that will make guns
safer. Safer from causing damage to hearing. Safer by creating situational awareness for individuals,
whether hunting or defending themselves. Safer for individuals getting training and gun safety. So, they
Page – 5 – of 11can hear range commands without having to wear hearing protection. All these great advantages and
all flowing to genuine safety. So, this is a great issue. I’m really glad to see, and I’m sure you are, too,
this legal effort proceeding. So, make sure you belong to ANJRPC. Go to www.anjrpc.org and join as a
member today. Be part of the solution.
Evan Nappen 25:42
And I also want to talk about our good friends at WeShoot. WeShoot is an indoor range in Lakewood,
New Jersey. A great resource in Central Jersey. It’s where Teddy and I both shoot and got our training,
got our certificates. They have a fantastic facility. They are not just a range, but also a pro shop and
phenomenal trainers. They also offer some great deals. As a matter of fact, right now, they have a Colt
King Cobra Target, which is a modern double action, single action revolver with stainless steel
swagger, precision-target sights, and Colts signature smooth action. They have a Glock 23 Gen 5
chambered in .40 S&W, which we might be talking about later. Built with Gen 5 upgrades like flared
magwell and Marksman barrel for a serious EDC performance. Then they have the Mossberg Silver
Reserve HS12. That’s an over and under home-defense beast with clean lines, dual barrels, and
Mossberg’s rugged reputation.
Evan Nappen 27:00
And by the way, don’t miss Shannon, who is turning heads with the Samurai “Other”, rocking bold gold
accents and a whole lot of attitude. And I’m talking about the Samurai “Other”, of course. The piece is
equal parts elegance and edge, a true range stunner. And again, talking about the gun. But you may
want to check out Shannon. And I would suggest you do by going to the website for WeShoot, which is
weshootusa.com. Make sure you pay a visit, and you can see the other WeShoot gals there. And you
can see all these great guns. You can get great deals on these guns and get the training that you need.
It is your one-stop shop in New Jersey. Conveniently located off the Parkway.
Evan Nappen 27:53
Hey, Teddy, what do you have for us today in Press Checks?
Teddy Nappen 28:00
Well, as you know, Press Checks are always free. This kind of came out when we were just in a
conversation. I started to look around and go, where’s all the pistols that take 40? Where’s all the 40s?
Evan Nappen 28:16
Yeah, and here it seems. It’s kind of funny, because here WeShoot is because they know that .40 is
actually a decent caliber. But go ahead, Teddy.
Teddy Nappen 28:27
Yeah, and there seems to be a little bit of a divide. This is just my observation from what I’ve
researched. There’s this kind of the Rise and Fall of .40 S&W, and there seems to be this kind of
debate. Is .40 becoming an obsolete caliber? Is it still coming into play? So, I wanted to do a bit of
research and understand the origins of it all.
Page – 6 – of 11Evan Nappen 28:52
Sure.
Teddy Nappen 28:53
It kind of where it all began, actually, was in 1979. This is from the Shooter’s Log by Ed Laporta.
(https://blog.cheaperthandirt.com/the-failure-of-the-40-smith-wesson/) So, he writes that in 1979
Thomas Dornaus and Michael Dixon started to develop a new semi-automatic pistol to close the gap
between the power of revolvers and semi-automatic pistols. Their goal was to create actually something
at the power level that would exceed the .45 ACP and the .357 Magnum. That was their goal, and their
research actually led to Jeff Cooper, of all people, when they were starting to formulate and come up
with the design. Dornaus and Dixon were the engineers, but Jeff Cooper was the one who provided the
conceptual design and criteria.
Evan Nappen 29:49
I remember it well. I always read Jeff Cooper’s column. It was the first thing I read in Guns and Ammo.
And boy, do I miss Jeff Cooper. He always had that back page, and Jeff Cooper’s stuff was great. And,
yeah, he was a big proponent of the 10 millimeter. And I think what you’re going to talk about is the
Bren 10. Not to steal your thunder, but.
Teddy Nappen 30:15
It’s very funny. Just to point out to the audience. He didn’t see my notes, and I immediately was going
to lead into the Bren 10. So, you can tell he knows his guns.
Evan Nappen 30:24
I do. And as a matter of fact, do you know who made the Bren 10 famous? It was Miami Vice. Believe it
or not. Oh yeah, they carried the Bren.
Teddy Nappen 30:35
So, it was Cooper’s specifications for acquiring the new round to be this .40 caliber, 200 grain, fired in a
five-inch barrel, impact velocity, 1000 per second at 50 yards. They were working with .45 ACP length,
but the .40 caliber even shortened a 30 rim fire brass. The result was, of course, the Brent 10 by
Cooper.
Evan Nappen 31:00
And unfortunately, the Bren 10 as a handgun, there were all kinds of problems with production,
distribution, and boy, trying to get extra mags was, you know, just unbelievably difficult. It’s a shame.
Because the concept was great, but the execution in the Bren 10 was not great.
Teddy Nappen 31:27
Yeah. And then flash forward a little bit to 1986.
Evan Nappen 31:33
Wait, wait, wait, wait. You know how much I love the 10 millimeter Colt. Colt started making 1911 type
guns in the Delta elite in 10 millimeter. So, now you could get your 1911, but instead of .45, it was the
Page – 7 – of 11big bad 10, which was great. But if you shot them, they’re pretty much a high recoil firearm. Very
effective, very powerful, very accurate. But it still didn’t get a foothold until, really today, where the 10 is
super hot. The 10 is super hot. You had the polymer-type guns, particularly the Glock 20, which is a 10
millimeter. It’s one of my favorite guns. I love the Glock 20. The Glock 20 combines unbelievable
stopping power with maximum firepower, 15 rounds in the mag. Of course, you can only have 10 in
New Jersey. And the stopping power of 10 millimeter, and you can get really powerful loads.
Particularly, one of the loads I love are the super hard cast coated rounds from under wood, which we
call the cherry bombs. They are 220 grain hard cast coated bullets. At 220 grains with velocity at 1200
feet per second, that round can basically take down any animal on the planet. It gives absolute .41
Magnum power in a semi-automatic pistol. I’m sorry, Teddy, but you know how much I love 10. So, you
got me going on it. But keep going. Tell us your story.
Teddy Nappen 33:38
I hit all the buzzwords. Jeff Cooper.
Evan Nappen 33:40
Yes, you did. You triggered me. You triggered me. Dude, yeah, I’m triggered. But go ahead.
Teddy Nappen 33:47
So, after the Miami shoot out, the famed Miami shootout, they realized and actually looked to Jeff
Cooper’s advice where they needed to arm law enforcement with a much more powerhouse as for the
high performance in a semi auto pistol. Thus the brief marriage between the 10 millimeter and the FBI.
As the FBI soon discovered, it was too much recoil for them.
Evan Nappen 34:18
Too much recoil, but also because there was, unfortunately you had issues of a number of their
personnel being smaller frame a lot, unfortunately, women that were not able to effectively fire this gun.
There are many women that use it fine. I know that. But just in broad strokes, it became an issue for the
general law enforcement use, not only of 10 millimeter, but of .41 magnum. That goes back to Bill
Jordan, where they were working on law enforcement revolvers. They had .357 magnum, but they
wanted something a little more. We had .44 magnum, but that was too much. They went forward with
the .41 magnum, which was going to apparently overtake law enforcement as the revolver of choice.
But this problem still ensued. Yet, the ballistics of .41 magnum and the ballistics of your high power 10
millimeter loads are very similar. Go ahead, Teddy.
Teddy Nappen 35:37
So, with FBI realizing their small hands and their inability to handle a 10 millimeter, they soon contacted
Smith & Wesson to create and modify the cartridge. They wanted it to be something slightly above the
9 millimeter. Thus, the Smith & Wesson, in conjunction with Winchester, the 40 S&W was born in
January 1990.
Evan Nappen 36:01
And it’s actually a good round. It’s a good round. I like .40 S&W, too. But weird things have happened.
And you see this super popularity of the 9 millimeter that loads for nine have improved, and also the
Page – 8 – of 11military uses nine. So, there’s more availability of 9 millimeter just in terms of price point. And those
factors seem to have contributed to what’s up with the .40. But the .40 has a lot of punch, and for what
it is, it fits in a 9 millimeter frame. Whereas, a 10 millimeter needed guns that essentially fired .45 ACP.
They needed that kind of a frame. So, you could still have in a 9 millimeter frame package and have a
more powerful cartridge, arguably.
Teddy Nappen 37:00
So, this actually comes up from the Gun Zone by Wayne Fletcher. (https://thegunzone.com/is-the-40-
caliber-dying/) He calls it the 9 millimeter Renaissance, the turning point in 9 millimeter ammunition.
Where now modern nine has hollow points that offer terminal ballistics comparative to, and oftentimes
exceeding that of the .40 S&W with generally less recoil. So, there you see. They’ve kind of moved that
whole idea. Plus, you have the woke insanity. You have a lot more women that can’t even handle the
.40. So, now they say, okay, we’ve got to bring it back to nine. And so, there seems to be a very much
shift.
Evan Nappen 37:40
Well, there is. But I gotta tell you, there’s nothing wrong with .40. There just isn’t. I mean, 9 is great, too.
Look, the bottom line is this. A hit with a .22, a hit to your target with a .22 is better than a miss with a
.44 magnum. Okay? That’s the bottom line when it comes to ballistics.
Teddy Nappen 38:01
Yeah, and I will say that is something they do point out. They do argue that, no, .40 is not going away.
It’s just slowed down a lot. Nine I mean, look, you could throw a rock, and you’ll hit a nine millimeter
somewhere. So, it’s very much.
Evan Nappen 38:23
And watch. These things go back and forth. Then you’ll suddenly see the rise of the .40 again. We’ve
watched this take place over time. Hey, at one point people thought the .32, .32 auto, was dead. Along
comes CCamp, and .32 gets a whole new life to it. Then it gets faded out again with .380s and other
smaller, lighter semi autos. So, these things can come and go. But .40 is effective, and it is fine to use,
without a doubt. And of course, 10 millimeter is in essence, the magnum of .40 caliber. They don’t call it
.40 Magnum, but you could call it .40 Magnum because that’s what it does. And if you can handle a 10,
especially in a polymer pistol, whether it’s a Glock 20 or the Smith & Wesson MMP, particularly the 2.0
or the Springfield that you know are available in polymer frames, you will find that the 10 millimeter in a
polymer frame is really great. Because Polymer has, as one of its characteristics, even though it’s
lighter in weight, a recoil absorption feature. It can have a little bit more ability to handle the recoil in its
structure. So, this makes these guns even more viable than the old steel frame Delta elite, for example.
Teddy Nappen 40:04
Oh, and I will say, Shooting Illustrated by Richard Mann, kind of hit the hammer on the nail with .40
S&W. (https://www.shootingillustrated.com/content/is-the-40-s-w-dead/) If you could describe anything,
it’s the compromise cartridge. What does he mean by that? It gives you the weight advantage of the .45
and the shooting capability of the nine. It’s a compromise between the two. I feel like there may be a
resurgence, given enough time and technology. I mean, they did this for the nine. Given enough time,
Page – 9 – of 11maybe they’ll even come up with more improvements to .40 S&W, making it less recall, but still
maintaining or even exceeding power.
Evan Nappen 40:32
Well, it’s constantly evolving with ammunition, but this is definitely a fun discussion. It never ends
amongst gun people about what’s the best and all that. I get it, but everybody has their preference. As
long as you are a trained and responsible gun owner, I don’t care what caliber you choose. It’s all up to
you. What you’re comfortable with and what you can shoot accurately. Because shot placement
ultimately is what matters, and your ability to do that effectively is what counts. What works for you,
works for you. But thanks, Teddy.
Evan Nappen 41:04
I have a question here from Ask Evan. This is from Daniel. Daniel says this is a follow up to his earlier
question about magazine limits in New Jersey. A large capacity ammunition magazine is defined as a
box, drum, tube or other container which is capable of holding more than 10 rounds of ammunition to
be fed continuously and directly therefrom into a semi-automatic firearm. Last time, I asked about belt
fed rifle, whether the magazine limits would apply to belts. As a follow up, I’d like to ask whether
magazine limits apply to stripper clips.
Evan Nappen 41:53
No, they do not apply to stripper clips. Because stripper clips are not what are feeding into a semi-
automatic firearm. The stripper clip allows you to hold the ammunition in place, and then, with a push of
your thumb, load a magazine from the stripper clip. The stripper clip holds the ammunition without it
having to be in a compressed magazine. Then you can reload magazines fast with stripper clips, but
the stripper clip itself is not a magazine. Then Daniel goes on further to say. The Kel-Tec PR57 pistol is
fed by 10 round stripper clips and does not have a detachable magazine. But the capacity of the pistol
without a magazine is 21 rounds. With the New Jersey magazine limits, I think he said will, but he wrote
with. Will the New Jersey mag limit apply where there’s no detachable magazine and only stripper
clips?
Evan Nappen 42:58
Well, you have to understand that it’s not a detachable magazine. You quoted the law, Daniel, in your
own letter. What it says is very clear in a way. It says, believe it or not, for New Jersey. A box, drum,
tube or other container which is capable of holding more than 10 rounds of ammunition to be fed
continuously and directly therefrom into a semi-automatic firearm. Well, the fixed magazine in the
handgun is still a magazine. The stripper clips are not the magazine. They’re simply a loading device to
load into a magazine. I am sure the State will argue that the magazine in the gun is the container, and
that container in the gun holds more than 10 rounds in which it feeds continuously and directly into a
semi automatic firearm. Therefore, it’s a problem.
Evan Nappen 44:10
We dealt with the issue of fixed magazines of larger capacity and handguns in the lawsuit that I brought
years ago in Coalition v. Florio, where we were able to show that air guns, particularly air pistols, that
had a BB reservoir over the limit, which at the time was 15, and that reservoir arguably fed continuously
Page – 10 – of 11and directly into a semi-automatic firearm, even though it was an air gun, New Jersey considers air
guns to be firearms. The court found that air guns were excluded because of the federal preemption
protecting air guns. But it was still argued even then, that a firearm with a magazine capacity, even
though it’s a fixed magazine capacity that exceeded it, was a violation of New Jersey’s law. So, I cannot
give my blessing to the really cool Kel-Tec PR57 because the magazine in there would, in all likelihood,
though I don’t have a test case on it. And I don’t think you want to become the test case. Saying that
definitively, but I can sure see the arguments that the state would make.
Evan Nappen 45:29
Now, here is the moment you’ve all been waiting for, which is the GOFU, the Gun Owner Fuck Up. And
this is where actual cases that we constantly are getting and seeing and what’s trending in terms of
mistakes that gun owners are making, and I don’t want to see any of my listeners make these mistakes.
So, this is your opportunity not to be a GOFU and not to make expensive mistakes. This GOFU is really
a reiteration of the Duty to Disclose. Please, please, please remember. If you’re carrying your gun,
lawfully concealed, loaded on your person, and if you have a carry permit. If you’re stopped or detained
by law enforcement, you must immediately tell the officer that you’re carrying your handgun, and you
must produce your permit. Your failure to disclose is a felony in New Jersey, a felony level offense. It’s
a year and a half in State Prison, my friends, if you fail to do this. That’s what you face. And if you do
not produce your permit, you’re looking at six months max in the county jail on that GOFU. So, please
make sure you abide by duty to disclose until such time as we get a win in court on the Constitutionality
of requiring this disclosure. But for now, that is the law in Jersey, and it applies whether you’re in your
vehicle and stopped or whether you’re on the street and stopped. If you’re stopped or detained, you
need to disclose.
Evan Nappen 47:02
This is Evan Nappen and Teddy Nappen reminding you that gun laws do not protect honest citizens
from criminals. They protect criminals from honest citizens.
Evan Nappen 47:02
Now, if you’re not stopped or detained, if an officer is just walking by and waves at you, and you wave
at him, and there’s no stopping or detaining, you’re okay. But particularly if you’re in a situation where
you are being detained and you are not free to leave, that’s the key. Are you free to leave? If you’re not
free to leave, you’re being detained, and you better tell them. As a matter of fact, if you’re being
stopped, questioned, and even if you’re not, even if you are free to leave, even there, it could be argued
that you still have that duty to disclose. So, play it safe. Make sure you disclose. Otherwise you can
become a GOFU and have to give me that call to get you out of the Gulag and defend you.
Speaker 2 47:39
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 – 11 – of 11
Downloadable PDF TranscriptGun Lawyer S3 E248_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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