Episode 213- 101 Reasons Why You Need A Ghost Gun

Gun Lawyer

Episode 213- 101 Reasons Why You Need A Ghost Gun

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Podcast Transcript

Gun Lawyer– Episode 213 Transcript

SUMMARY KEYWORDS

ghost guns, gun rights, privately made firearm, American tradition, firearm mechanics, gun oppression, family heirloom, self-defense, survival gun, constitutional rights, knife laws, gift giving, firearm transfer, New Jersey law, gun lawyer

SPEAKERS

Speaker 3, Evan Nappen

Evan Nappen 00:15
I’m Evan Nappen, and welcome to Gun Lawyer. So, you know, the latest, greatest boogeyman is “ghost guns”. Oh, my God, “ghost guns” — the scourge of the planet, and the gun rights oppressors love to pass all sorts of laws, which New Jersey has done; to address this insane problem we’re having of “ghost guns”. One of the things that I hear the gun rights oppressors say is, you know, very similar to other times when they were talking about other things. They would say, “Why does anybody need one?” Why does anybody need a ghost gun? So, I’ve decided, as a public service, to answer that question, and what I’m going to do is basically give you 101 reasons why you need a ghost gun. That’s right, and I will have this piece published out there as well. As my listeners, you are going to hear it for the first time.

Evan Nappen 01:36
Here’s how it goes. When the gun rights oppressors are pushing to ban ghost guns, they love to proclaim, “why does anyone need one?” Here’s 101 reasons that answer that question. You need a ghost gun . . . Number one, because it is simply a privately made firearm (PMF). Two, because you don’t want to be beholden to a commercial manufacturer. Three, because it is American made. Four, because it’s locally made. Five, because it’s made by you. Six, because the Government doesn’t know about it. Seven, to better understand the mechanics of firearm operation. Eight, to overcome a denial of your rights. Nine, to resist gun rights oppression. Ten, because it’s demonized by the gun rights oppressors. Eleven, to participate in an American tradition of making your own firearm. Twelve, to experiment with your own designs. Thirteen, to make your own replacement parts. Fourteen, to take personal pride in your craftsmanship. Fifteen, to make a family heirloom. Sixteen, to demonstrate your independence. Seventeen, to build it the way you want it. Eighteen, to have a gun that uses modern technology and materials. Nineteen, to have a rust resistant gun. Twenty, to have a lighter weight gun.

Evan Nappen 03:30
Twenty-one, to have a gun that is custom fit. Twenty-two, to have a gun with no serial number. Twenty- three, to have a gun you can immediately identify as yours. Twenty-four, to have a gun designed to be more concealable. Twenty-five, to save money. Twenty-six, to defend your car. Twenty-seven, to defend your boat. Twenty-eight, to defend your camp. Twenty-nine, to defend your ranch. Thirty, to

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defend your farm. Thirty-one, to defend your family. Thirty-two, to defend your country. Thirty-three, to defend yourself. Thirty-four, to go hunting with. Thirty-five, to go fishing with. Thirty-six, to own a gun that is prohibited in the unfree world. Thirty-seven, to have an undetectable firearm. Thirty-eight, to have a gun that breaks down easily. Thirty-nine, to have a gun that is easily stored. Forty, to have a gun that is easily cleaned.

Evan Nappen 04:43
Forty-one, to have a gun to fight enemy occupation. Forty-two, to have a gun the U.S. trained the World War II Philippine Gorillas to make and use. Forty-three, to have a gun that is or may be a collector’s item. Forty-four, to have a target shooting gun. Forty-five, to have a competition shooting gun. Forty-six, to have a survival gun. Forty-seven, to make our Founding Fathers proud. Forty-eight, for artistic appreciation. Forty-nine, because your other firearms may be banned. Fifty, to have a gun that can’t be traced. Fifty-one, to have a gun with readily replaceable parts. Fifty-two, to have a gun possessed by many honest citizens. Fifty-three, to have a gun that uses optics that you choose. Fifty-four, to have a wall hanger. Fifty-five, to have a gun to show off to my friends. Fifty-six, to have a unique gun. Fifty- seven, to piss off the BATF. Fifty-eight, to make liberals clutch their pearls. Fifty-nine, to have a gun which is durable. Sixty, to have a gun which is a fast shooter.

Evan Nappen 06:20
Sixty-one, to have a gun which is a slow shooter. Sixty-two, to have a gun for when shit hits the fan. Sixty-three, to have a gun I can bury. Sixty-four, to have a gun I can shoot with my family. Sixty-five, to have a gun with a reliable design. Sixty-six, to have a gun to shoot terrorists. Sixty-seven, to have a gun to fight enemies, both foreign and domestic. Sixty-eight, to defend against a street gang. Sixty-nine, to defend against mob violence. Seventy, to defend against looters. Seventy-one, to have a gun that no one knows about. Seventy-two, to have a gun that the Jews in the Warsaw Ghetto would have wanted. Seventy-three, to have a cool gun. Seventy-four, to have a gun to protect my church, synagogue or other house of worship. Seventy-five, to have a gun to protect my business. Seventy-six, to have a gun to protect my property. Seventy-seven, to have a gun to protect my body. Seventy-eight, to have a gun to protect my plans. Seventy-nine, to have a gun when the National Instant Check System (NICS) is down. Eighty, to have a gun when the Government declares an emergency and stops gun sales.

Evan Nappen 07:53
Eighty-one, to have a covert firearm. Eighty-two, to have a gun that uses available ammunition. Eighty- three, to have a gun that no one understands why I want it, except me. Eighty-four, to have a gun to shoot when or if I’m disabled. Eighty-five, to own a firearm that can be dropped and still function. Eighty-six, to own a firearm that can be coated in mud and still function. Eighty-seven, to own a firearm that can be dunked in water and still function. Eighty-eight, to own a firearm that can be frozen solid and still function. Eighty-nine, to own a firearm that can be buried in sand and still function. Ninety, to be a prepared member of the unorganized militia (10 U.S. Code Section 311 (a)). Ninety-one, to distinguish between an object and its misuse. Ninety-two, to exercise a Constitutional right. Ninety- three, to exercise a natural right. Ninety-four, to exercise a civil right. Ninety-five, to exercise a fundamental right. Ninety-six, to exercise an inalienable right. Ninety-seven, to exercise a human right. Ninety-eight, to have a gun that is commonly possessed. Ninety-nine, to have a gun that expresses the true meaning of the Second Amendment. One hundred, because you believe in freedom, and 101,

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because YOU say you need one. In America, an individual’s need should not be determined by the Government.

Evan Nappen 09:46
I hope you enjoyed “101 Reasons Why You Need a ‘Ghost Gun'”. If you want to see a printed copy of this, just go to the Gun Lawyer website, and you’ll find it there. By the way, we always have a full transcription of every show. So, if you ever want to read what you’ve heard, you can find it there. There are also links to the things that I talk about. So, you’ll find useful links as well. You can go to www.gun.lawyer for that.

Evan Nappen 10:35
Hey, let me tell you about our good friends at WeShoot. This week at WeShoot, they are offering some fantastic deals, including a special Black Friday promo that you won’t want to miss. They are particularly offering the Springfield 1911 Ronin, which is a beautifully crafted 1911 that delivers a perfect balance of classic styling and modern performance. They have a CZ P10M, which is a sleek and ultra-compact handgun that’s ideal for concealed carry with CZ’s signature reliability. They’re also offering the tried and true Remington 870 Express, the classic pump shotgun that’s been trusted for decades for home defense and hunting.

Evan Nappen 11:39
Here’s the extra thing — for Black Friday, you could do the Double Dip at WeShoot. It is an exclusive promotion where you can stack on your savings. The way you do the Double Dip is you can get a gift card, which is 10% off. Then when you utilize that gift card, you get to Double Dip by using it on Black Friday sale items. So, definitely check out WeShoot and their Double Dip super sale. Go to weshootusa.com. These are great guns that have some unbeatable deals on, unbeatable pricing. There’s no shipping or transfer fees for pickup at the store. They will take care of you there at WeShoot. Of course, when you’re there, you can enjoy their top-of-the-line shooting range, and you can also get fantastic training that they offer. Absolutely, go to WeShoot in Lakewood, New Jersey. You’ll be glad you did.

Evan Nappen 12:57
Additionally, please make sure that you are a member of the Association of New Jersey Rifle & Pistol Clubs. They are the premier gun rights group in New Jersey. They’re the folks fighting in the courts and in the legislature for our gun rights. They are really incredibly important to maintain our Second Amendment rights in New Jersey. You know, the gun rights oppressors have got a number of things up their sleeve, and in future shows, I’ll be discussing in detail the insane threats that they’re pushing. You won’t believe it, folks. We need our state Association more than ever with you as a member to fight these shenanigans. We are on the right side, but unless we unite, we cannot win. So, please join the Association. Go to anjrpc.org, anjrpc.org, and join today. You’ll get many benefits, including the critical email alerts and the actual newsletter on New Jersey gun rights, which is the best in the state. You’ll know that you are part of the solution.

Evan Nappen 14:29

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Let me also take a moment to shamelessly plug my book, New Jersey Gun Law, the Bible of New Jersey gun law. It is your guidebook to understanding the insane matrix so that you don’t become a GOFU in New Jersey. Please get the book. It’s 120 topics, all in a question and answer format. I wrote it for you. I wrote it based on my over 35 years’ experience, and it’s the 25th Anniversary Edition. It will help save your ass, no joke. I get folks all the time thanking me for the book, and it makes me very happy that they appreciate it, because it’s a labor of love. You can buy your copy at EvanNappen.com, that’s my personal website for the law office. EvanNappen.com. You will find a nice link there to the Big Orange Book. Get your copy. It also makes a great gift for the holidays. I know that you will love it. As a matter of fact, it has literally saved people from getting arrested because they had it with them in the car and showed the officer the law in my book. No joke. I mean, this is just the craziness that happens in New Jersey. So go to EvanNappen.com and get a copy today.

Evan Nappen 16:11
Hey, let’s take a look here at an Ask Evan letter. This is from Joe. Joe says, Hello Evan. First, I want to thank you for all you do for us New Jersey gun owners. Your podcast is outstanding, and I listen to every one! Well, thank you, Joe. I appreciate it. Two questions. First, does New Jersey recognize any other state carry permits (non-resident or resident)? And do any other states recognize a New Jersey Permit to Carry?

Evan Nappen 16:45
So, first, New Jersey recognizes no other state’s carry license/permit. Because New Jersey’s carry permit is so fantastic that no state could even come close to the amazing New Jersey carry permit. So, they do not recognize any other state’s carry permit, because New Jersey is just incomparable with the astounding benefits that you get when you have a New Jersey carry anyway. No. The answer is simply no. Now, as far as other states recognizing, there are a number of other states that have laws that say they will recognize other carries. Of course, half of the country, more than half, actually more than 70% of the land mass is Constitutional carry where we don’t even need a permit to carry it all, no less, have to have recognition. On national reciprocity, with our hero, President Trump, coming in with the mandate of his victory, he has as a priority to get national reciprocity through. This will make New Jersey’s carry permit recognized everywhere, and it will force New Jersey to recognize every other state’s carry permit. If you need to know whether your New Jersey permit is recognized, you need to check with the specific state that you’re going to as to whether they even require a permit, and if they do, if there’s reciprocity. These things do change frequently. So, you need to be up to the moment. Before you go to the state, double check it. There are plenty of places online you can look for that, and that’s what you want to do. Make sure that you’re legal before you rely on your carry permit in the other state. But New Jersey, like I said, they recognize nobody else. I think that itself has a lot of Constitutional deficiency to it. We’re seeing cases getting filed, challenging New York’s non-recognition, Massachusetts non-recognition. So, again, we’ll see if the power of Bruen will change the situation.

Evan Nappen 19:14
Now, the second question that Joe asked is as follows. He says, second, I’m a knife nut like you. Yep, I agree. I’m a knife nut. Do you think maybe you could do a podcast or two, if needed, about New Jersey knife laws? I’m sure that’d be helpful to us. Thanks again, and keep up the good work. All right, Joe, thanks. Well, you know, I could do a number of podcasts on knives. But what I’d like to do right now is

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give you a quick overview regarding knives and such in New Jersey. It’s always good to know. You see New Jersey regulates knives in two sections. The first is under N.J.S. 2C:39-5d.. Under that section, it prohibits possession of any “other weapon”, “under circumstances not manifestly appropriate for such lawful uses as it may have.” Then New Jersey prohibits what we call the “per se knives” under N.J.S. 2C: 39-3e., where it specifically prohibits gravity knives, switchblade knives, daggers, Dirks and stilettos and razor blades embedded in wood and ballistic knives. You know, I should really make some razor blades and embed them in wood. That could probably be a lot of fun. But anyway, without any explainable lawful purpose.

Evan Nappen 20:45
So, the point there being that if you have any of the per ses, you can’t possess them at all without any explainable lawful purpose. As long as it’s not a per se, such as a gravity knife, switchblade, dagger, Dirk, stiletto, ballistic knife, or razor blades embedded in wood, as long as you don’t have those, then we look at common folding pocketknives and such. Usually that’s really what folks want to know. You know, what knife can I carry in my pocket? You know, what can I have as my EDC (every day carry)? And for that, as long as it’s not one of the per ses. It’s not a switchblade or a gravity knife. It’s not a dagger. It’s not a dirk, stiletto, etc. It’s not one of those. If you have a lock blade knife, even a one-hand opener, but it’s not a switchblade or gravity knife, etc., then that’s okay. Assisted openers are not switchblades, you know. Even if you have a manual opener that’s one hand, that’s okay. It’s not a switchblade.

Evan Nappen 22:00
But the problem becomes your reason for having it on your person, and you see, that’s where New Jersey gets really, really off the rails. Under the current case law, the case is called Montalvo, which involved a person coming to the door with a machete and the police charging him under that 2C:39-5d. section. The case law prior to that said you could not preemptively arm yourself for the purpose of self- defense. Think about that for a minute. You can’t preemptively arm yourself for self-defense, and we’re talking even in your home. Well, that case law changed in Montalvo. It was pre-Bruen, but it came after the Heller and McDonald cases where the Second Amendment was recognized. The gun rights oppressors were pursuing a theory that, oh no, that only applies in your home, but not outside the home. We know that Bruen now dispels that silliness. You know, it’s like trying to argue that the shot heard around the world by the Patriots at Lexington and Concord was fired from a Patriot’s bedroom or something. Come on. It was carried there. Outside the home.

Evan Nappen 23:33
But the thing is Montalvo, which is still the case law in New Jersey, until it changes. And I think the law is no good anymore, but it hasn’t been declared that yet. Montalvo says you can preemptively arm yourself in your home, but not outside your home. So, if you have a knife in your pocket and you’re relying upon the statute where it says, under circumstances not manifestly appropriate for such lawful uses as it may have, and you say, aha, my lawful use is self-defense, well, under current case law, New Jersey is going to say, sorry, that’s not a manifest lawful purpose — preemptively arming yourself for self-defense. I know that sounds unbelievably idiotic, but it’s actually the law at the moment. So, why do you have that pocketknife? Well, obviously, you have it for opening your mail, cutting rope, cutting boxes, all kinds of utilitarian purposes. But God forbid you would actually have it for self-defense. No,

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no, no, no, no. You would never carry that pocketknife for that purpose, until we finally get the test case or the challenge that makes it clear you can carry your pocketknife for that purpose. That’s how it works, generally speaking, about knives. Now, if you have purchased my book, you will find all this discussed in it. I have a number of chapters about knives. I get into detail about knives and all the knife law in Jersey, not just the gun law, because, as Joe correctly pointed out, I am a knife nut. You will find a lot of information there well beyond our discussion about knives. Specific knives and how the interaction of the laws work to turn otherwise law-abiding citizens into criminals in the same way they create the insane matrix over our gun possession.

Evan Nappen 25:44
This week’s GOFU, the most popular segment of the show, and that’s because the GOFU is the Gun Owner Fuck Up, in which an expensive lesson has been learned by an actual unfortunate soul, and you get to learn the lesson for free, cheap, no charge, because I don’t charge you for this show. So, this week’s GOFU is about giving guns as gifts. Please be careful, especially with this holiday season coming up. Can you gift a gun? Well, there’s two jurisdictions that control that, the federal and the state. Technically, the federal law does permit the gifting of a gun, as long as it’s actually for a gift. But it can get complicated and tricky. They can try to allege that it was a straw sale and not actually a gift. So, one of the things that is often recommended, which isn’t a bad idea, is if you want to get somebody a gun as a gift, get them a gift card for their gun that they can buy for themselves. This is something that even ATF says as a recommendation. A gift card is a good way to give a gun as a gift.

Evan Nappen 27:22
Now, if you insist on gifting a gun, otherwise, well, if it is a gun that you’ve already owned or that you purchased to give as a gift, remember you’re going to have to follow state law. New Jersey law does not have any exception for gift giving. So, it’s the same as whether you transferred it as a sale or a purchase. It doesn’t matter. There’s no distinction in New Jersey on that. The only exception would be inheritance. So, if you intend to die on Christmas and leave your gun, then that would work. Then there’s no paperwork, as long as that’s your heir. But short of dying on Christmas, you have to do the paperwork. Now, in New Jersey, all transfers have to go through a dealer, unless it’s an immediate family member. Even if you’re doing the transfer to an immediate family member, you still have to do the paperwork. You still have to have a New Jersey Firearms ID Card and Certificate Eligibility for a long arm. You still have to have a pistol purchase permit on the handgun to legally do that. It doesn’t have to go through a dealer to an immediate family member. If it’s not immediate family member, then the gifting has to be through a dealer, no exception, except for the death exception, how nice.

Evan Nappen 28:55
So, be aware of this. Be very cognizant of this. And remember, air guns are firearms in New Jersey. So, you can’t do the Christmas story thing to your kid. You can’t give them a Daisy Red Rider with the compass in the stock deal, because it’s a firearm under New Jersey law. You can’t do that. It’s a GOFU. Then they go out, and whether they shoot their eye out or not, you can get in big trouble by giving that gun in a transfer to a miner. Now, that doesn’t mean you can’t own a BB gun, and then, under your direct supervision, enjoy shooting the BB gun with your child. You can do that. But you can’t give it to them as a transfer, because it’s a firearm. So, be careful this holiday season when it comes to your gift giving. Don’t be a GOFU.

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Evan Nappen 30:04
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3 30:14
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 [e-mail]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

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Downloadable PDF Transcript

Gun Lawyer S3 E213_Transcript

About The Host

Evan 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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