Episode 130-Ignorance of the law Is a defense
Also Available OnPodcast TranscriptGun Lawyer Episode 130

SUMMARY KEYWORDS

firearms, new jersey, gun, state, handguns, question, law, carry, lawyer, registration, dealer, faq, acquisition, pistol, police, shoot, gun rights, case, possession, folks

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:11

Hi, I’m Evan Nappen, and welcome to Gun Lawyer. So, I’ve been getting a lot of mail. A lot of emails from my beloved listeners, and a lot of them were telling me how much they appreciated the ammosexual episode, which I did enjoy. Here’s one of the many, many emails that I got a kick out of, and I’ll just share with you. This is from Reggie regarding ammosexual reveal. Hi Evan, funniest podcast ever. My father-in-law and I listened this morning and couldn’t stop laughing. We both have had ammosexual tendencies and finally felt the comfort to reveal to each other our own ammosexuality, and it was so liberating. We decided to adopt the Mozambique war flag with the AKs as our symbol and flaunt our pride as flaming ammosexuals. Best regards, Reggie. Hey, Reggie, I’m glad I could help, and I understand just how much of a relief it is to understand our tendencies and to just come to terms with them as I’ve been happy to share with you. So, thanks, man. I appreciate all the email and everybody else that wrote. It’s great.

Evan Nappen 01:35

I also appreciate our sponsors, of course, which is the Association of New Jersey Rifle & Pistol Clubs. They are the state gun rights, and NRA affiliate for New Jersey. Fighting for our rights, both in the courts and in Trenton, in the Legislature. And also, WeShoot, which is a great target range down in Lakewood. You should definitely check out WeShoot. It’s very important to make sure you go to our ranges. Ranges are critical so that we have a place to shoot, and we can train and stay sharp. We’re going to talk more about what our great sponsors do in a bit.

Evan Nappen 02:16

But I have another letter here. This one is from Michael, and Michael says regarding CC permit liability. CCW permit liability insurance. Now, of course, I’ve mentioned it before, and I don’t want to be a ballbuster about it. But we don’t have a CCW. Although it does require us to be concealed in New Jersey, but it’s not a Concealed Carry Weapon. What we actually have is a PTC, a Permit to Carry, a handgun, but that’s alright. I understand. It’s kind of stuck in the ether there with our CCW stuff. I just received my CCW permit from Toms River. Where can I get the CCW permit insurance that Governor Murphy requires by June? Actually, it requires it by July 1. For a minimum of $300,000? It seems New Jersey blocks insurance companies from issuing policies. So, where can I get CCW permit liability insurance? I have no restrictions on my permit. Thank you, Mike. Page – 2 – of 10

Evan Nappen 03:18

Mike, I do appreciate the letter. It’s a good question, and the answer is you can’t. You can’t get it anywhere. Nobody has it. Nobody sells it. The reason nobody has it and nobody sells it is because insurance companies are interpreting the requirement as having to insure an intentional act. Insurance companies don’t insure for intentional acts. They insure for accidents and negligence and that kind of thing. So, until we hear of an actual policy that is approved by the Attorney General, because then we could rely on it. I’m going to tell you why if the Attorney General ever actually says this is okay. We’re going to get to why we could then rely on it. Even though it may not even meet what the statute says, but it gives his blessing, and we’d be okay. I’ll tell you about that. We’re going to get into more detail about that. But that hasn’t happened, folks. It hasn’t happened. No major insurance company, of any type, that I’m aware of, actually has a product that can be sold to meet this requirement. If they had it, it would be out there.

Evan Nappen 04:24

I know that U.S. Law Shield would be happy to have members have it. I know that other folks would be advertising all over the place. I have heard that some other companies try to claim that your homeowners with an addendum, but it actually isn’t meeting the bill of what is necessary. So, until unless the Attorney General gives the thumbs up for those things, we don’t have anything available. It doesn’t exist. So, if July comes around and the litigation brought by the Association and other gun groups isn’t successful in killing the insurance requirement, then it will be a felony level offense to carry your gun with a carry permit without having the liability insurance that is unobtainable. So, it will effectively kill concealed carry in New Jersey, unless we can get that either knocked out as unconstitutional or somebody comes along and offers something that would actually meet the statutory requirements. But until then, oh, well, wait and see. It’s all we can do. As soon as I hear of anything along those lines, believe me, I’m going to let my listeners know.

Evan Nappen 05:36

I’ve got another letter, and this is from Sim, regarding off body carry. Is that like an out of body experience? No, here’s what it says. Hello, I would like to start off by saying I’m a huge fan of the show. And thank you for being a fan of the show. And all the information you provide on the show. My question is about off-body carry. My understanding is the new carry law requires a firearm to be on your person. Would a firearm in a crossbody bag / fannypack be considered on your person? Also, I was considering carrying in my gym bag. Would that be permissible? Thanks in advance. So, here’s the deal. If you actually look at the statute under N.J.S. 2C:58-4, and you go into the little subsections down where they have the point two (.2) and point four (.4), etc., you will find that it talks about how a holster is defined. It has to be in a holster. This is very important that it is in a holster that meets the criteria for being a holster, and it does say on the person or about, on or about the person. That language is used there, on or about.

Evan Nappen 07:01

So, what it means is you either have to have your firearm, no matter what in a holster, but if it’s in a holster, and it’s within your direct control, your direct dominion and control. For example, if you’re a woman and you have a carry purse, and the carry purse has a holster inside the purse, you’re now, as long as there’s a proper holster that covers a firearm, covers the trigger, secures it properly and meets Page – 3 – of 10

the criteria for being a holster. It doesn’t need to have a thumb break or a snap. That requirement was gotten rid of by way of the Association lobbying in Trenton. We were able to get rid of the requirement to have a thumb break or a thumb snap or a strap. But it does have to completely secure the firearm. It has to cover the trigger guard, etc. If you’ve that holster in your purse, and the purse is being held by you, or directly on or about your person, next to you, the same with a fanny pack. If it has a holster in the pack that meets the grade, most have a Velcro type holster that goes inside the purse or pack so that the gun doesn’t just flop around in a purse or in a pack or a backpack, etc. There should be a separate holster within the bag. As long as that is on or about your person, then you’re okay. But if you’re in a car with such a thing, don’t go put it on the back seat where it’s not in your control. Make sure it stays directly about your person. That’s the key to New Jersey carry.

Evan Nappen 08:45

Remember, you can only carry a maximum of two handguns. You cannot carry more than two. You can’t go do the John Bianchi thing with 40 handguns, all hidden around your body. It reminds me of the joke. After he was stopped once by police and he ends up taking every gun out that he had one on his person, 40 different guns all over the place. Finally, when there was a pile the size of a mountain in front of the officer, the officer said, with all these guns, what are you afraid of? John said nothing. Which makes sense. But you can’t do that. Two is your max gun. So that’s the way to go with that.

Evan Nappen 09:29

Now what I’ve been looking at lately and I want to bring to your attention is the (New Jersey) State Police website. They have what is called a Firearms Information FAQ (Frequently Asked Questions). (https://nj.gov/njsp/firearms/firearms-faqs.shtml) It’s very interesting about the FAQ because it does have a lot of questions that are answered by the State Police. Frankly, some of them I may not completely agree with. But the reason I want to review it with you is because of something very interesting in New Jersey, and that is, I don’t know how many of you are aware of this, but ignorance of the law in New Jersey is a defense. That’s right. You’ve heard your whole life; ignorance of the law is no defense or ignorance of the law is no excuse. Well, in New Jersey, it actually is an excuse. It’s an actual defense in New Jersey, but it’s not simply your sitting there and saying, I didn’t know that. That isn’t how it works.

Evan Nappen 10:37

You can find the defense of ignorance or mistake under N.J.S. 2C:2-4 . And what ignorance or mistake says in the law is “a. Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and: (1) It negatives a culpable mental state required to establish the offense; or (2) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.” A further explanation is in the law, (c) A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:” Are you ready for this, folks? “when the actor acts in reasonable reliance upon an official statement of the law,” and then it says “afterward determined to be invalid or erroneous, contained in (a) a statute, (b) judicial decision, opinion, judgment, or rule, (c) an administrative order or grant of permission, or (d) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense.” Page – 4 – of 10

Evan Nappen 12:10

HoHo. Guess who’s in charge of firearms in New Jersey? Well, that is the New Jersey State Police, and on their website, they have an FAQ. And that FAQ has a lot of interesting information. The fact is that if you rely on that official statement, you could have a defense, if you need it, of ignorance or mistake of law, even if they are not correct. Of course, you have to reasonably believe it, etc. things we’ve been talking about. But, nonetheless, here’s an official statement, answering a number of questions that are very interesting and important to know. So, we’re going to review a number of these questions, and I’m going to talk to you about these answers, what the State Police say, and things that you may find very useful and handy for dealing with some of these key questions that come up all the time. You can point right away and say, hey, go right to the State Police FAQ, and there’s the answer from the source. And it is a bonus because it is a defense when you rely upon it. So, when we come back from the break, we’re going to go through these. See you in a few.

Speaker 3 13:39

For over 30 years, Attorney Evan Nappen has seen what rotten laws do to good people. That’s why he’s dedicated his life to fighting for the rights of America’s gun owners. A fearsome courtroom litigator fighting for rights, justice, and freedom. An unrelenting gun rights spokesman tearing away at anti-gun propaganda to expose the truth. Author of six best-selling books on gun rights including Nappen on Gun Law, a bright orange gun law Bible that sits atop the desk of virtually every lawyer, police chief, firearms dealer, and savvy gun owner. That’s what made Evan Nappen America’s Gun Lawyer. Gun laws are designed to make you a criminal. Don’t become the innocent victim of a vicious anti-gun legal system. This is the guy you want on your side. Keep his name and number in your wallet and hope you never have to use it. But if you live, work, or travel with a firearm, that deck is already stacked against you. You can find him on the web at EvanNappen.com or follow the link on the Gun Lawyer resource page. Evan Nappen – America’s Gun Lawyer.

Speaker 3 14:53

You’re listening to Gun Lawyer with Attorney Evan Nappen. Available wherever you get your favorite podcast.

Evan Nappen 15:08

Welcome back to Gun Lawyer. I’m Evan Nappen, and I am thinking about a number of fascinating subjects because it’s never boring in New Jersey. There’s always some craziness. And I think about how much I appreciate how our folks constantly fight in New Jersey. How we don’t give up. How, even though they view us and mistreat us and even hate us, we have great organizations. There are folks out there that are just standing tall for the Second Amendment, and that, of course, includes sponsors of Gun Lawyer, the Association of Jersey Rifle & Pistol Clubs, the NRA affiliate for the state. They are the largest and strongest and the number one-gun rights defender in New Jersey, and you absolutely need to be a member. Please make sure you are a member of your state association. You want to belong to other groups, too. Absolutely. There’s no limit to things you can do in helping to fight for Second Amendment rights. But as a minimum, you need to belong to the Association. They’re on the frontlines fighting for our rights in the courts, litigating the Carry Killer anti-Civil Rights Bill, litigating the assault firearm law, litigating the magazine ban, litigating outrageous and vague disqualifiers, and all the attacks that Murphy has placed on us. They are battling it back. Plus, they’re in Trenton lobbying Page – 5 – of 10

and keeping an alert eye, and they let members know by email alert about important things so that you can take action. They have a great newsletter. The best newsletter on gun rights in New Jersey, and you’ll be getting your copy as a member. So, make sure you check out and join the Association of New Jersey Rifle & Pistol Clubs. www.anjrpc.org. Go to their website, and you’ll see a lot of resources. They have a great center of all the action alerts and archives. They have all kinds of very useful information, and I go to it a lot. I use it all the time in my work, and I know you’ll appreciate it, check out their website. (www.anjrpc.org)

Evan Nappen 17:34

And, of course, our dear friends at WeShoot. WeShoot is a target range in Lakewood. WeShoot is just a fantastic range, and I encourage all of you to visit WeShoot and join as a member. They’re very competitive in their rates, and it is a beautiful place to shoot. Just looking at some people there, just to talk about some folks at WeShoot, they have Lance, a Certified Pistol Instructor at WeShoot. He really is just an incredibly passionate guy in his firearm training. He is a former law enforcement officer, and he just prioritizes teaching firearm safety, marksmanship, and getting the students comfortable with firearms. Let me tell you, Lance serves as Chief of his Borough EMS squad, and he’s a firefighter. He teaches classes in CPR and advanced bleeding. Having a great guy like Lance there at WeShoot. He offers private lessons. They’re both informative and educational. He’s got a talent for working with new shooters of all ages. He’s received hundreds of positive Google reviews for his style, his personality, and his patience. He’s even trained young adults as young as 10 years old. Lance is really set apart by some very interesting factors such as he guarantees that new shooters will hit the bullseye at least once during the first class. That’s how confident he is in his ability to teach marksmanship and make students feel comfortable with firearms. If you’re interested in pursuing your carry permit in New Jersey, Lance is an instructor for that. He has prepared hundreds of students for their qualification course, and he can guide you through every qualification shooting distance. You’ll find out even more about his training and what Lance can offer you down at WeShoot. Go to WeShoot’s website at www.weshootusa.com and check out the training tab at WeShoot. (www weshootusa.com) If you’re in Lakewood, make sure you stop by, introduce yourself to Lance. Tell him we said hello and tell him you’re a listener of Gun Lawyer. If you’re wondering, he’s there Monday, Tuesday, and Wednesday nights. He’s also there Sunday afternoon as well. So, that’s just a little personal note about a great instructor at WeShoot and the great facilities that are down there. I know you’ll appreciate having a range and a contact and where to go.

Evan Nappen 20:34

So, let’s take a look here at the (New Jersey) State Police FAQ, which is kind of fascinating. If you simply go to the State Police website, go to firearms information, and click firearms FAQ. (https://nj.gov/njsp/firearms/firearms-faqs.shtml) There’s a whole bunch of questions there, and there are some that just caught my attention. One question they ask about is “how do you buy rifles and/or shotguns, including BB, pellet, and black powder rifles?” The State Police explain how to do that because you need your Firearm ID Card and complete a Certificate of Eligibility for each firearm. Then they ask the same about “how do you buy handguns, including BB, pellet, and black powder handguns? They talk about needing a pistol permit (Permit to Purchase a Handgun) and about a Firearms ID card. And that is all true if you’re going to purchase within the state of New Jersey. Page – 6 – of 10

Evan Nappen 21:25

However, if black powder firearms and air guns and BB guns are perfectly lawful under federal law, for non-residents to buy in other states, and if you’re living or moving or visiting another state, and that state does not have any state laws that are restricting BB guns or black powder guns or black powder, or even antiques that you can purchase in that other state’s jurisdiction under both federal and state law, your purchase and acquisition there is lawful. You can bring those guns back to New Jersey, and you possess them by way of exemptions, the same way that you would possess a handgun that you bought in New Jersey with a pistol purchase permit. And that’s because registration only occurs on acquisition in New Jersey, and it is completely lawful to have unregistered handguns in New Jersey. It is the reason why, if you go and look at the form on the State Police website for registration, it says voluntary, and that’s because it is voluntary, and the State Police make it clear that registration is voluntary. The only mandatory registration other than on acquisition within New Jersey of handguns is for new residents. Anyone who has the misfortune of becoming a New Jersey resident must register their firearms within 60 days of coming to New Jersey. In that time before they’re able to register, they have to first get a Firearms ID Card to do that. So, good luck with getting all that done. But their website, unfortunately, hasn’t been updated by the State Police about registration because they do say that registration is voluntary, and they make a point about it. But they haven’t updated it yet regarding the new resident requirements, so that’s something they should do. But if you’re a resident, it doesn’t affect you. It’s not a problem.

Evan Nappen 23:42

They have an interesting question here, “Can I transport my firearm on a motorcycle to the range?” Now that’s a question I’ve been asked too, and the State Police do say yes. However, they said it must be carried in the same manner as directed above, which is essentially subsection g. of N.J.S. 2C:39-6, which of course is in a closed and fastened case or in a gun box or in a securely tied wrapper or in the trunk. Now you are not going to have a trunk on a motorcycle. You are not going to have a trunk, but they say in the State Police FAQ. “A motorcycle with lockable bags is preferable however saddle bags or a backpack may be utilized with the unloaded firearm in a locked container.” So, there you have the official statement by the State Police on how to transport on a motorcycle, and you see that can have great value when you know about these FAQs and answers to questions like that.

Evan Nappen 24:53

Now if you look at what is question 11, they say “I’ve moved to New Jersey from another state. May I continue to possess my firearm(s)? They say, yes if you’ve legally acquired them, and you’re legal to possess and may be brought to New Jersey, which is true. However, it says the owner may voluntarily register them. And that’s no longer voluntary. Under Murphy’s Law, moving to New Jersey now requires you to register. So, it really should be updated. They get into many other things like hollow points, which we’ve discussed, and they talk about large capacity magazine and tried to do a condensed version of an assault firearm. But here’s a question that comes up frequently. It’s interesting, and it says, “I was given a pistol years ago from a family member or friend, and I do not know if it was transferred properly. How do I get the firearm in my name legally? They say, to take legal possession of a firearm, you must take it to a licensed firearm dealer in New Jersey and request that the firearm be transferred back to you after all a proper federal and state paperwork is completed a National Instant Page – 7 – of 10

Criminal Background Check (has been completed by the dealer.). For a pistol you must first obtain a Pistol Purchase Permit.

Evan Nappen 26:06

Now let me just say here, I know this is what they’re saying. But actually, I disagree. I respectfully disagree. Because the pistol, if it was given years ago, and if it was over five years ago, then the statute of limitations is five years, even assuming it was an unlawful acquisition. Now, the only legal question is, is your possession lawful? The possession is determined by exemptions. Under N.J.S. 2C:39-6.e., possession in your home is lawful. So, going to try to do this contorted registration thing back to the dealer and all this stuff? Why? You cannot unring the bell of the unlawful acquisition to begin with. Now that question, if years have gone by, and it’s passed the statute of limitation on that specific offense, then the only question remains is your possession legal? Possession is regulated by exemptions as we’ve discussed on the show.

Evan Nappen 27:17

Here’s another question (from the State Police website). “I have sold several firearms over the years and would like to know if they are still registered to me in the state. Their answer, as far as I know, is absolutely correct. The registration, though, is for acquisition. Acquisition registration doesn’t go away unless it’s sold to another pistol purchase permit holder, and they eventually somehow merge the data and can realize that that gun is now acquired by somebody else. There are plenty where that doesn’t happen. If you sell it to a dealer as opposed to another pistol purchase permit holder, then it just looks like it’s in your name, even though it isn’t. I had a case on this very thing. My client was arrested, because of an alleged contempt of a restraining order, where they believed he had 14 handguns that weren’t turned over because it was listed as registered to him. But those are acquisitions over 20 years, of which he had traded them into dealers, and such. They were still coming up like they were his, but that was a misinterpretation of the registration. Because all it registers is the acquisition at the moment you acquire it. Five minutes later, if you go to another dealer and sell to that dealer, it doesn’t get unregistered to you. It is an acquisition registration only. In that case, he was being held in jail, and he was being held under contempt. The only way they’d release him is if he turned in guns that he didn’t have. He had sat there 90 days in jail, not my client, until he hired me after 90 days.

Evan Nappen 29:08

When he hired me, I’m like, this is outrageous, because they’re holding you for guns you don’t have. So, I went to dealers where he believed that he had sold them, and the dealers, who all know me, were nice enough to actually pull the records. Now it wasn’t necessary for me to pull the records because they shouldn’t be relying on these acquisition registrations and claiming your continued possession. But it didn’t matter. I figured you know what, I just want to get him out. I can get the data from the dealers where he showed the disposed of them, and I was able to account for all of his handguns except one. I shouldn’t have to account for any of them, like I said, but I was able to get all of them except for one. So, I go on motion to the judge that my client needs to be let out. I show all the guns and how they’d been transferred, and the prosecutor had the nerve to go, well, what about the last one? Again, not even an obligation that I should even have. But what about the last one? Well, I had some news for the prosecutor on that. Do you know what he did with the last one? He turned it in at your county’s buyback with no questions asked. No paperwork, no nothing. So, if you want to know where that one is, go Page – 8 – of 10

through your records, which I’m sure you didn’t even keep, and you’ll find it. That was how outrageous that was, and that’s how messed up New Jersey’s registration system is. It’s not a registration system for possession. It’s a registration system for acquisition. Unless you’re a new resident, then you’re separated from residents and everybody else and discriminated against, because you have to have actual gun registration on you.

Evan Nappen 30:51

Then there’s a question, and this is one that frequently comes up, can I ship a firearm to anyone? They said, no. But they do say you may only ship a firearm to a federal licensed dealer for sale or repair. Then they tell you to verify the dealer. Now, here’s the thing. How are you going to ship to this dealer? That means you’re going to transport it to FedEx or transport it to UPS. I missed the exemption that lets you transport your gun to those places. Now, I love that the State Police say you can ship it. They don’t exactly explain how. My advice is go to the dealer and go dealer to dealer. Don’t go shipping and transporting to places where there’s no exemption for you to possess. Of course, here’s defense of ignorance or mistake of law, I guess, where they’re saying you can do this. But it’s really a bit dangerous, frankly.

Evan Nappen 31:53

Now, there’s one question here. It says, I live in another State but also maintain a house in New Jersey, can I apply for a pistol permit a firearms purchaser card? They say yes. You can be considered a dual resident if you can show residency here in New Jersey. I compliment them on that because that is true. Dual residency works both ways. You can also live in New Jersey and have dual residency in another State. During the time that you’re a resident of the other state, say during the summer months or weekends when you’re residing in the other state, under federal law, you are a resident of that other state, and you can acquire firearms in that other state. If those laws are much more fair and respectful of the Second Amendment, you can acquire guns in that other state. Then you can bring them back to your home in New Jersey, lawfully acquired in another state because of dual residency. Here the State Police also recognize dual residency for purposes of individuals in New Jersey who want to do it in reverse. And that is true, and it is recognized under the CFR under federal law.

Evan Nappen 33:05

Here’s a neat one that I like on their FAQ that you may appreciate. “I found a gun in the house/storage unit I purchased. What do I do? Can I keep it?” Oh, a found gun. That’s always a nice thing. They say, of course, if you don’t wish to keep it, you can essentially voluntarily surrender it. However, if you decide to keep the firearm, provided it is New Jersey compliant (i.e., not an assault weapon), it may be kept, sold or destroyed according to N.J.S.A. 2A:18-72, Disposal of remaining personal property abandoned by tenant. To properly register a found pistol, the firearm should be turned over to a licensed gun dealer in New Jersey and you must obtain a Pistol Purchase Permit. Okay, well, there we go. Again, where does that come from? I think it’s interesting that they’re relying on to 18-72 regarding disposal of remaining personal property abandoned by a tenant. I looked up this statute, and it applies to a landlord or commercial or residential property may dispose of tangible goods, chattels, manufactured or mobile homes or other personal property left upon the premises by a tenant after giving notice, etc. Apparently, they are applying that as well to firearms in the State Police FAQ, which Page – 9 – of 10

may become something of an advantage for folks, if your tenant leaves their gun collection behind or something like that. There you go.

Evan Nappen 34:43

Here’s a good one that comes up frequently. “Are airsofts firearms?” Are airsofts firearms? That’s Question 24. They say “No. They are considered to be toys in New Jersey. The plastic pellet ammunition utilized for an airsoft contains a hollow cavity which do not conform to a solid projectile.” So, that’s very interesting and that’s actually useful. You’d be surprised how many times I’ve gotten airsoft gun cases where individuals are charged with possession of a firearm. Because traditional BB and pellet guns are firearms, and prosecutors and such, even law enforcement, don’t realize that airsofts are not traditional BB or air pellet guns. They’re airsoft, and therefore, they’re not firearms. Therefore, it’s false charges. We see this come up a lot with juveniles, particularly because airsofts are fun to play with, and they are viewed and considered to be toys. It says it right on the State Police website on their FAQ. So, if that’s ever questioned, there’s a spot you can point to right away with an official statement by the State Police about what airsofts are.

Evan Nappen 36:00

Then the last question is an interesting one. “Are Tasers legal? Can I carry one? That’s the actual question. Are Tasers legal? Can I carry one? Their answer is Yes. Period. So, it’s yes to two questions. Then it talks about the Memorandum (October 20, 2017) from the (State of New Jersey Office of) Attorney General where it said about stun guns are legal for sale and possession with only two restrictions. You must be 18, and you must not be a prohibited person. The thing is that Memorandum does not expressly discuss carry, and there’s been some problems with that because of the remaining prohibition for tasers and stun guns that was left in the Memorandum of N.J.S. 2C:39-5d., which is other weapons, where it talks about the manifest lawful purpose as to why you have a weapon. Many folks would say well, I have it for self-defense. That’s my lawful purpose. Yet the courts have expressly rejected that first with the Kelly decision, and then subsequently, they narrowed it, but still rejected it under Montalvo. In Montalvo, the court said you can preemptively arm yourself for self-defense in your home but not outside your home. So, the question then was, taser a stun gun carry outside your home under the case law would still subject you to a problem under that “other weapons” possession charge.

Evan Nappen 37:41

However, now that the Bruen decision has been put out there by the great Justice Thomas. Bruen has made it clear that the Second Amendment applies to carry in public for self-defense. So, I think New Jersey’s law, that case law, needs to now take yet another step and say, look, you can preemptively arm yourself for self-defense in New Jersey. It doesn’t just end at the threshold of your house. It goes out to the public. That is the essence of Bruen. Now, we don’t have a case yet that has interpreted New Jersey’s law in that way. But I think there’s a really strong Constitutional argument, and you have an affirmative statement here by the State Police where the question is, “Are tasers legal? Can I carry one? Then it says, Yes. So, it seems that they’re saying that it’s yes, even though the case law seems contradictory, but I think Bruen gives a strong Constitutional premise now regarding tasers and stun guns. However, if you do choose to carry them, you might be the test case, and that could still subject you to being the fighter that gets that case law changed. I don’t think you want to be that person, but some people want to take that chance. They realize that it is something more important to them, and Page – 10 – of 10

their belief in what is right. And the principle. But then again, I can’t necessarily advise anyone to just do it. Until we get some official guidance, or a case that finally says yeah, the N.J.S. 2C:39-5d. other weapons, that self-defense counts outside the home as well as inside the home. This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 39:59

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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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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