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Episode 212-Exposed! The Gun Rights Oppressors Newest Tactic
Manage episode 450617951 series 2835731
Podcast Transcript
Gun Lawyer– Episode 212 Transcript
SUMMARY KEYWORDS
New Jersey lawsuit, gun rights oppression, civil tort system, Protection of Lawful Commerce, public nuisance law, NSSF vs. James, gun industry liability, New Jersey law, handgun ammunition, rifle ammunition, gun dealer regulations, federal preemption protection, national reciprocity, gun owner faux pas, permit expiration
SPEAKERS
Evan Nappen, Speaker 3
Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. So, you may have heard about the latest gun rights oppression taking place in New Jersey, and I’m going to explain in detail what’s going on. What the new tactic is to oppress our gun rights and exact steps that need to be taken. But I want folks to understand this, because this is a kind of a new development, relatively speaking. We have some important opportunities in front of us to fix it. Though, in the meantime, good people are going to suffer.
Evan Nappen 01:00
Let’s get into it. So, recently, the Attorney General’s office in New Jersey filed a civil lawsuit against a couple of licensed gun dealers in New Jersey. I’m sure there’ll be other parties sued as well. (https://www.nj.gov/oag/newsreleases24/2024-1113_Point-Blank-Guns-and-Ammo-Complaint.pdf) What they’ve done is they brought a lawsuit under, what is this new law, a relatively new law, that was, of course, signed under the Murphy administration, which copies what has taken place in New York. I’m going to explain all this in detail and how it works. You’ll be able to see just how much BS there is here and why.
Evan Nappen 01:47
Before I get into the details, I want you to understand the bigger picture of the gun rights oppressors’ game. In the big picture, there was a push to this is a couple decades ago. A push to try to litigate via the civil tort system, to litigate guns out of existence, by going after manufacturers, dealers, etc, and sue them out of existence. That’s basically what the plan was. And in order to combat that move, the Protection of Lawful Commerce in Arms Act (PLCCA) was passed in 2005. (https://www.congress.gov/bill/109th-congress/senate-bill/397/text)
Evan Nappen 02:35
Now, the Protection of Lawful Commerce in Arms Act, what we call PLCCA, protects firearm manufacturers and dealers from being held liable when crimes have been committed with something that they may have made or sold. It was literally, at the time, called one of the most important pro-gun legislations successfully passed, and it was extremely important to shut down this gambit by the gun rights oppressors to abuse the civil tort system, to destroy our Second Amendment rights. However,
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certain things were not covered by it, such as defective products or breach of contract claims or criminal misconduct and other actions that they could be held directly responsible for.
Evan Nappen 03:52
Apparently, down the road some, I’m sure it was some anti-gun rights “Think Tank” that came up with the idea of having a law passed. They passed a law in 2021 in New York that allowed states to sue firearm manufacturers and suppliers, etc, if they contributed to a health or safety threat to the public. (https://www.nysenate.gov/legislationlaws/GBS/898-B%7CNY) This was their Gambit. The lawsuits created what would be anytime there was an alleged violation, they would include the new public nuisance law. So, the idea is to create a claim of public nuisance where you can civilly go after firearm manufacturers and suppliers. Kind of falling under “consumer protection” by claiming a public nuisance from the sale of certain items. This New York law was challenged by NSSF, which is the National Shooting Sports Foundations, and a number of other plaintiffs in a case we know as NSSF versus James. (https://michellawyers.com/nssf-v-james/)
Evan Nappen 05:38
That’s right, James being the infamous anti-gun rights, gun rights oppressor, Letitia James. NSSF versus James was filed to fight the New York public nuisance gun rights oppression Gambit. This lawsuit was brought for the pro-gun rights folks by Chuck Michel, who’s a great gun rights attorney and a colleague. I have nothing but respect for him. Unfortunately, at the trial court level, the United States District Court of New York, they lost the initial battle. The plaintiffs, who were represented by Chuck Michel, included NSSF, Beretta, Davidson’s, Glock, Central Texas Gun Works, Hornady, Lipsey’s, Osage County Guns, RSR Group, Shedhorn Sports, Sig Sauer, Smith and Wesson, Sports South, Sprague’s Sports, and Sturm Ruger. All these plaintiffs’ names that I’m sure you recognize fought here. They lost that initial round, and a Notice of Appeal was filed back June of ’22. So, we have this case that challenged the New York law and lost, but an appeal was filed. I don’t have any outcome of that appeal at this time.
Evan Nappen 07:29
Nonetheless, utilizing that New York case and the public nuisance tactic, New Jersey went and passed its own version of that very law. In fact, the same, virtually the same, language was put into the New Jersey under Murphy. This law is found under N.J.S. 2C:58-35 (Gun industry member, engage in public nuisance, prohibited, consequences; reasonable controls).
Evan Nappen 08:15
So, what I have here is the U.S. District Court papers that were filed in the New York case, and what I want to do is read you New York’s law, which is in the papers, is recited as what they used there where they initially have won. The New York law was enacted to hold the gun industry members civilly liable for “public nuisance.” Specifically, now, this is what the New York law says. “1. No gun industry member, by conduct either unlawful in itself or unreasonable under all the circumstances shall knowingly or recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing or marketing of a qualified product. 2. All gun industry members who manufacture, market, import or offer for wholesale or retail sale any qualified product in New York state shall establish and utilize reasonable controls and
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procedures to prevent its qualified products from being possessed, used, marketed or sold unlawfully in New York state.” That is the New York state law.
Evan Nappen 09:49
Now, in New Jersey, one of the recent cases being brought, one of the defendants that is being sued by (Matthew J. ) Platkin, the Attorney General of New Jersey, is Point Blank Guns and Amm LLC. I have a copy of the complaint that’s filed in this New Jersey case, and I’m going to read to you some of the key parts. “In July 2022, the New Jersey Legislature enacted a law specifying duties of New Jersey gun industry members.” You see that term again – gun industry members. “The law granted the Attorney General an exclusive cause of action to remedy violations.” This was the Murphy law passed in July 2022, and it’s N.J.S. 2C:58-35. Further in the complaint, it says. “Among the law’s provisions, Section 58-35(a)(2) requires New Jersey gun industry members to ‘establish, implement, and enforce reasonable controls’ in their sale of ammunition, ammunition magazines, and other, ‘gun-related product[s].'” No definition of what that includes. By the way, that’s pretty damn broad. “The law defines ‘Reasonable controls’ to mean, among other duties, the establishment of ‘reasonable procedures, safeguards and business practices that are designed to: (1) prevent the sale or distribution of a gun- related product to . . . a person prohibited from possessing a firearm under State or federal law.”
Evan Nappen 11:38
It goes on to say, “Section 58-35(a)(2) therefore obligates New Jersey gun dealers, when selling ammunition or magazines, to take affirmative steps to determine that the buyer may lawfully possess a firearm. This legal obligation protects the public by recognizing the reality that persons who may not lawfully possess firearms sometimes acquire them unlawfully.” Boy, that’s quite a leap, huh? Suddenly they got to guns from things that aren’t guns. “Thus, the Legislature has provided two safety measures. . .” Of course, it’s always about “safety”, which is their code word for gun rights oppression. “. . . a seller is required to conduct a check when someone purchases a firearm, and, as a backstop, also when a person purchases ammunition for a firearm.” That is not true. It’s when a person purchases handgun ammunition for a firearm. We’re going to get into that in a minute.
Evan Nappen 12:40
“Thus, in order to comply with Section 58-35(a)(2)’s requirement that a seller implement ‘reasonable controls’ to ensure that ammunition is not sold to ‘a person prohibited from possessing a firearm,’ sellers must require ammunition and magazine buyers to present either a New Jersey firearms permit or a document demonstrating they are exempt from the permit requirement.”
Evan Nappen 13:06
“In March 2024, Point Blank Guns and Ammo sold a handgun ammunition magazine to a first-time customer. The customer had no prior relationship with the store or the salesperson. The customer paid in cash. The store did not ask to see, and did not review, any type of identification, permit or credential. “And what was it? It was a 10-round Glock magazine. A perfectly legal magazine, even in the Democratic People’s Republic of New Jersey. “In May 2024, the same salesperson at Point Blank Guns and Ammo sold a 1,000-round case of .223 caliber rifle ammunition . . .” This is the complaint by the Attorney General, calling it rifle ammunition. Keep that in mind as we get into the weeds here. “. . . – a high-velocity, military-standard ammunition often used in AR-15-style rifles–to a different first-time
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customer. The customer had no prior relationship with the store or the salesperson. The customer paid in cash. The Point Blank Guns and Ammo salesperson did not ask to see, and did not review, any type of identification, permit or credential. Point Blank Guns and Ammo’s Practice of selling ammunition and magazines without implementing ‘reasonable controls’ to ‘prevent the sale or distribution of a gun- related product to . . . a person prohibited from possessing a firearm’ violates Section 58-35(a)(2) and threatens public safety.”
Evan Nappen 15:05
So, is that true? Is that a threat to public safety? What’s the story? Well, let’s take a look at the two claims actually under the law. First, there’s a claim of sale of a magazine, “a handgun ammunition magazine”. Gee. Do you ever go and say, hey, I want to buy a handgun ammunition magazine? No, no one does this. We call them magazines. You don’t call them “ammunition magazines.” Like, what other magazine? Outdoor Life? I mean, come on. It’s a magazine. Why is it a “handgun ammunition magazine”? Ah, maybe, maybe, just maybe, because the fact is, when it comes to selling ammunition in New Jersey, the only ammunition regulated by state law is handgun ammunition.
Evan Nappen 16:02
This is the actual recordkeeping, actual ammunition sale requirements under New Jersey statutes. Here’s what they say. When you go to N.J.S. 2C:58-2, which concerns the New Jersey dealer, retail dealer licensing, there is a section, 58-2.b. (Records). In that lengthy statute, you will find where it talks about the records that must be kept. Under Section 2.b.(2) where it talks about ammunition, I’ll read it verbatim to you. It says, “Every person engaged in the retail business of selling, leasing, or otherwise transferring handgun ammunition . . .” That’s what it says – handgun ammunition. “. . . as a retail dealer or otherwise, shall keep an electronic record in which shall be entered the name of the manufacturer; the date of the transaction; the type; caliber or gauge of the ammunition; . . .” What handgun ammo has a gauge? That’s pretty cute. “. . . the quantity of the ammunition sold; the name, address, and date of birth of the purchaser; the identification used to establish the identity of the purchaser; and any other information the superintendent shall deem necessary for the proper enforcement of this chapter.”
Evan Nappen 17:37
See that, folks? Handgun ammunition. What does the Attorney General’s complaint allege? That Point Blank sold “rifle” ammunition. Oh, you mean what’s not covered by that section of the law? That’s right. What’s not covered by that section of the law. But maybe there are other laws that exist other than this brand new public nuisance law? Oh, by the way, this is also the section of the law that I just want you to note this. It says, “Every retail dealer in the business of selling or otherwise transferring handgun ammunition shall immediately electronically report to the State Police any transaction involving the sale, transfer, assignment, or disposition of 2,000 or more rounds of handgun ammunition and information relating to each transaction in accordance with this subsection.” So, if you buy 2,000 rounds or more of handgun ammunition, the dealer is mandated to immediately report you to the State Police. Keep that in mind if you make purchases of bulk ammo.
Evan Nappen 18:57
But anyway, what does that apply to? Again, handgun ammo. What does the AG’s complaint specifically call the ammunition that they sold? “Rifle” ammo. Let’s take a look. Well, what about under
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N.J.S. 2C:58-3.3 “Handgun ammunition”? It’s about regulation. And what does it say? It says, “c. No person shall sell, give, transfer, assign, or otherwise dispose of handgun ammunition to a person who is under 21 years of age.” And that also deals with the electronic recordation. Again, nothing about “rifle” ammo and nothing about magazines. Remember, New Jersey only prohibits “large capacity magazines”, which are magazines that hold over 10 rounds. The magazine in this case held 10 rounds. It’s not regulated, not prohibited, and does not fall under the existing New Jersey statute with the exception of this new public nuisance law in the New Jersey Administrative Code.
Evan Nappen 20:23
The New Jersey Administrative Code is not a law passed by the legislature. The New Jersey Administrative Code is promulgated by the Bureaucrats. The very thing that President Trump and the DOGE folks, the Department of Government Efficiency, want to cut. They want to cut out these bureaucrats that have run wild federally, that have passed all these regulations contrary now under the case law with Chevron deference no longer being the thing they can hide upon to overwhelm us with regulations. By the way, regulation that’s done by, essentially, fiat by the agency deciding to do it. And what does the Admin Code say regarding the record and receipt and disposition of firearms and ammunition? Well, you can go to N.J.A.C. Section 13:54-3.14(b), and you will find where they’re trying to tap this and rely upon the law that I first read to you under the dealer licensing. It says, “(b) Every retail dealer of ammunition shall maintain a permanent record of ammunition acquisition and disposition.” When you read down, there’s a statement right in the Admin Code that reads as follows. “No record need be maintained for the sale or disposition of shotgun or rifle ammo.”
Evan Nappen 22:05
So, even the Administrative Code says no record for rifle ammo. The very thing that the Attorney General is suing Point Blank over. Now, there is a provision in this Administrative rule that says, “The dealer shall confirm the age of the purchaser of rifle and shotgun ammunition to be at least 18, . . .” But it doesn’t say how that confirmation is even done. First of all, where do they even get that? It’s nowhere in New Jersey statute. This is overbroad. They added to the Admin Code a provision that does not exist under the New Jersey licensing laws to even have to confirm it. We don’t know whether the confirmation took place by their understanding that the buyer was plainly over 18. You know that can be identified. And if it’s pretty clear, without anybody questioning it, that this person’s over 18, isn’t that a confirmation? Why does it have to be done, or how does it need to be done? And that’s only if that Administrative Code here is even legal. I think it’s agency overreach to begin with. It makes it clear that no record is even needed at all. So, if there’s no record, where’s the recordation of confirmation being made? So, that’s the best they can hope for in this.
Evan Nappen 23:51
And yet, what are they doing? They are bringing this litigation against these small dealers, initially, to try to financially ruin them. Obviously, to put them through the shredder under this new law, this new Gambit. It is yet another tactic of the gun rights oppressors now. They’re going to put it under this whole “well, this is just for public safety, and you know, we’re not anti-Second Amendment. No, no, we don’t want to affect anybody’s right to bear arms.” Yeah. Well, guess what, folks? If you put every gun dealer out of business, good luck exercising your Second Amendment rights when you can’t buy a gun or buy
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ammunition or buy accessories for your guns, right? This is their method of oppressing gun rights by abusing the system, abusing this loophole, this defect, if you will, in PLCAA.
Evan Nappen 24:56
So, what do we need to do now? What we need to do now is clear. Number one, with Republicans in control of the Federal government and with President Trump being a staunch supporter of the Second Amendment, PLCAA needs to be fixed. They need to add to PLCAA the federal preemption protection for dealers and manufacturers this so-called public nuisance gambit. They need to prohibit public nuisance suits on dealers and manufacturers. They need to strengthen this law. They need to write it carefully and wipe out this gun rights oppression tactic. That’s the big picture. That’s what needs to be done. Maybe the challenge will continue, and I’m sure these cases will be challenged. There are many other grounds these can still be fought upon, but changing the federal law is critical. I’m calling on our federal legislators, our legislators that support our Constitutional rights, to make that change to PLCAA.
Evan Nappen 26:23
What can dealers do now to protect themselves, so that the dealer doesn’t become a victim? Because that’s what they are. A victim of this new law. Dealers need to make sure that on any sale of any gun- related product, particularly ammunition and magazines, but any gun-related product, make sure the person is over 18 and preferably shows a Firearm ID Card, a pistol permit, a Permit to Carry, etc. And to protect themselves, make a note on their paperwork that such thing was checked and that if you can write down a number, even better. But take the steps, if you’re a dealer, to protect yourself now. Because the Attorney General sent in these undercover agents to make these purchases. This has nothing to do with public safety. It’s such a joke, right? We’ve got so many real problems here that the sale of rifle ammo or sale of a 10-round Glock magazine is hardly a public threat, considering the real criminals that are out there and what so little is being done about them.
Evan Nappen 27:43
Nonetheless, I don’t want to see any gun dealer or manufacturer victimized under this law until it gets fixed or declared unconstitutional. So, make sure that you ask for the credentials and protect yourself by making a note of it on any of these sales. And unfortunately, gun-related products is so broad that I would basically say that anything you sell that’s gun related, make sure the person is licensed and legal to have a gun. Otherwise, you may find yourself subjected to one of these lawsuits attempting to make you a victim and oppress our gun rights.
Evan Nappen 28:31
And I want to say to any gun owner out there, if you’re asked for ID by gun dealers, do not be offended. They have to protect themselves. We’re in a situation now where they’re vulnerable, at this time, to being litigated by the power of the state of New Jersey, using our tax dollars to crush them. Let the dealers protect themselves. Please cooperate and don’t be offended. For now, this is how we have to be in the DPRNJ.
Evan Nappen 29:15
Now let me talk to you about one of my favorite dealers, which is WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. They have a fantastic range there, and they’re offering some really
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great deals and services that I want to make you aware of. First of all, WeShoot is offering a “Double Dip Promotion”. That’s right. As they said, “Remember when George Costanza committed the ultimate party foul with his infamous double dip?” Yep, I remember that. Well, WeShoot is going to let you double dip the right way. WeShoot is offering is that if you buy an electronic gift card on the website or pick up the card in the store, you’ll get 10% off instantly. Then you can use that card on Black Friday and Cyber Monday for even other mega deals, and still get the full credit. So, you can double dip on the deals. That’s really a great deal. They’ve got great guns and equipment and other gun-related products there for you to buy. So, check out WeShoot for that.
Evan Nappen 30:33
I want to remind you that November 21 is the 2A Diversity rally at WeShoot. True diversity with my friend, the great Tony Simon. He will be at WeShoot on Thursday, November 21, at 6pm. It’s only 20 bucks, and there you can laugh and shoot with Tony, a true heavyweight of hilarity. Test the latest firearms, including cutting edge rifles, enjoy free pizza and refreshments, and win prizes. WeShoot provides everything for the $20, the range, targets, rentals, everything. So, check that out at the great 2A Diversity Shoot on November 21.
Evan Nappen 31:25
Let me also bring to your attention that WeShoot in Lakewood has many courses. I personally got trained there. That’s where I shoot and my family as well. We all got our carry certification and everything else there. It’s a great range. They also are offering a special course if you’re thinking about the police academy. They have a specialized course to give you a head start, equipping you with the skills, knowledge and confidence needed for your journey, taught by seasoned Police Training Commission Certified firearm instructors and range masters. This program combines rigorous instruction with hands-on training. So, here’s some highlights of the course: Overview of Police Training Commission Physical Assessment Guidelines for Academy Prep; Review of Attorney General Guidelines for Basic Firearm Training; Comprehensive Range Safety Instruction; Practical Firearm Training and Range Exercises; and Full Range Qualification, including target analysis and scoring with and without time limits. They have fantastic instructors at WeShoot, including Scott Bonito, who’s a Retired Lieutenant; Ken Martin, Retired Captain; Edward Adams, Retired Detective; James Weinberg, Retired Detective Sergeant; Anthony Bonito, Retired Captain; Heidi Bergman-Schoch, Retired PD, K-9 and Narcotics and USCCA Instructor. As a matter of fact, she certified me for my CCARE. She’s awesome! The duration of the course is two hours. If you’re interested in that program, check it out at WeShoot. What a great offering! Go to weshootusa.com, their website, and take advantage of these great offers, deals, and courses. Or just go there and have fun and shoot.
Evan Nappen 33:27
Let me also mention our great state Association, the Association of New Jersey Rifle & Pistol Clubs (ANJRPC.org). They’re fighting all these outrages that take place in New Jersey. They’re litigating now in federal court as we speak. They’re in Trenton, keeping an eye on the shenanigans that never seem to end. You need to be a member of our great Association, anjrpc.org. They are the NRA affiliate for New Jersey. They are our unifying force for the protection of our Second Amendment rights as we fight the gun rights oppression every day. So, join anjrpc.org today. You’ll be glad you did. You’ll get the
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email alerts. You’ll get the best newsletter on gun rights in the state, and you’ll know that you’re part of the solution.
Evan Nappen 34:32
Let me also take a moment now to shamelessly plug my book, New Jersey Gun Law, the Bible of New Jersey gun law. It is over 500 pages with 120 topics, all in a question and answer, user-friendly format. So yes, even you can understand New Jersey gun laws by getting a copy of my book. It’s the 25th Anniversary Edition. And when you get the book, scan the front cover, the QR code, and for free, join my subscriber base. It is private. You will then have access to all the archives of any updates, and you’ll get email alerts of any updates in the law. So, that way, you’ll stay on top of New Jersey’s insane matrix of gun rights, oppressive laws, and be able to keep yourself safe and out of jail. Go to EvanNappen.com to get your copy. That’s right, EvanNappen.com and get your copy today.
Evan Nappen 35:40
So, let’s talk about some great political things that are going on. You may have been following the Senate Majority race in which we had Senator (John) Cornyn, Senator (John) Thune and Senator (Rick) Scott. They were the three main candidates vying to be Senate majority leader to replace the turtle there, Mitch McConnell. In that race, I’m happy to say that Senator Thune won. Now, let me just say I appreciate Senator Scott very much, and I understand he was very much in favor of President Trump’s agenda. But so is Senator Thune and theoretically Senator Cornyn. However, the most pro- gun of those three candidates is and was Senator Thune. That’s right.
Evan Nappen 36:37
Senator Cornyn was one of the republicans who voted for the Bi-partisan Safer Communities Act, which is an anti-gun law proudly signed by the senile sock puppet and is wrecking havoc and causing all kinds of problems for us. Because in that Bi-partisan bill, which was hardly bipartisan, except for a handful of Republican sellouts, including Senator Cornyn, it is just a problem. Biden then piled on Executive Orders from it, including anybody who sells a gun for profit is somehow a “dealer” and adding all kinds of anti-gun restrictions. That was a really bad move, and we’re paying for it as we speak. So, I am not real thrilled with Senator Cornyn. Hopefully, he’ll learn his lesson and vote correctly in the future. Senator Scott, although recently having been quite good as Governor of Florida, he actually signed some anti-gun provisions into law in Florida. So, I give it to Senator Thune, and I’m glad that Senator Thune is the Majority Leader, especially considering that President Trump won.
Evan Nappen 38:12
After being elected, this is after being elected, President Trump specifically made an announcement. Don Trump Jr. put out where President Trump announced his push for National Concealed Carry Reciprocity. That’s right. President Trump is dedicated to the Second Amendment and ending gun rights oppression. One of the great things we can do is pass National Reciprocity. Now, of course, what I’d love to see is National Constitutional Carry, and we will get that eventually down the road. But National Reciprocity even has provisions, given how the law is currently, the most recent incantation of that law, that individuals who come from states that have Constitutional Carry, are given national reciprocity. So, essentially, they’d be able to carry simply based on their residence anywhere in the
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country. And by getting that through, it lays the groundwork for complete national reciprocity down the road either way.
Evan Nappen 39:25
Anyway, we need national reciprocity so we don’t have to deal with this patchwork quilt of absurdity as to where we can defend our lives and not be victims, but rather defenders. So, national reciprocity is on President Trump’s radar. It’s a priority for him, and I believe we’re going to finally get it through this time with Republicans in control of both houses. It will be a great day, and I’m really looking forward to it as we fight the Gun Rights oppressors every day.
Evan Nappen 40:03
So, I have an ask Evan here. I love getting the questions. This is from Jeffrey. Jeffrey says, regarding are green tip rounds considered armor piercing in New Jersey? Mr. Nappen, I’m a holder of a New Jersey Firearm Purchaser ID Card, a New Jersey Permit to Carry, a member of NRA, ANJRPC, and U.S. Law Shield. That’s great. You are covering yourself. And I am also the owner of your book. Jeffrey, you have got it all. That is a good job. Good job. My question is regarding rifle ammunition. Are green tip rounds such as PMC 5.56×45 62 grain FMJ considered an armor piercing round in New Jersey? I was under the impression from your book and prior podcast that this ammo is not armor piercing. A range employee told me that green tips are armor piercing in NJ. Has something changed?
Evan Nappen 40:49
Okay, so, here’s the deal on armor piercing. New Jersey changed its armor piercing bullet prohibition to mirror the federal armor piercing ammunition law. Green tip, 855, so-called, is not armor piercing under New Jersey law, because it’s not armor piercing under federal law. Because it is rifle ammo, not handgun ammo. It is not a prohibited round. It is legal federally, and our armor piercing law mirrors the federal law. So, that is the story on armor piercing, so-called green tip ammunition.
Evan Nappen 41:39
What about this week’s GOFU? You know, the section, the segment of the show that we all look forward to. This week’s GOFU. The GOFU is the Gun Owner Fuck Up, where we look at mistakes from actual cases that gun owners have made, and it costs them a lot, possibly even their freedom, their fortunes, you name it. And we learn for free from these GOFUs. This week’s GOFU, so that you don’t become another GOFU, is please make note of your Permit to Carry expiration dates. It’s very easy to forget the expiration date of your Permit to Carry. Then the next thing you know, you’re carrying your gun illegally because your permit has expired. You don’t want to be in that situation. So, I strongly suggest that right now, right after this show, look at your carry permits. Look at your gun licenses and put it in your calendar a good month or two before expiration. In New Jersey, you can have it up to four months before the expiration of your carry permit. Put it in your calendar about approaching expiration dates for your gun licenses. Look, if you run Google Calendar, even if your license is good now, you know, five years from now, it expires. Put it in your Google calendar now with a few months in advance, so that you don’t forget it. If you have a written calendar, put it in your written calendar. If you don’t run a calendar, put your expiration dates for every license you have on a piece of paper and pin it to your cork board, tape it to your wall, whatever. Make sure you remain aware of the expiration dates of your licenses, so that you don’t become the next GOFU.
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Evan Nappen 43:54
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 44:04
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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Downloadable PDF 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.
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212 epizódok
Manage episode 450617951 series 2835731
Podcast Transcript
Gun Lawyer– Episode 212 Transcript
SUMMARY KEYWORDS
New Jersey lawsuit, gun rights oppression, civil tort system, Protection of Lawful Commerce, public nuisance law, NSSF vs. James, gun industry liability, New Jersey law, handgun ammunition, rifle ammunition, gun dealer regulations, federal preemption protection, national reciprocity, gun owner faux pas, permit expiration
SPEAKERS
Evan Nappen, Speaker 3
Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. So, you may have heard about the latest gun rights oppression taking place in New Jersey, and I’m going to explain in detail what’s going on. What the new tactic is to oppress our gun rights and exact steps that need to be taken. But I want folks to understand this, because this is a kind of a new development, relatively speaking. We have some important opportunities in front of us to fix it. Though, in the meantime, good people are going to suffer.
Evan Nappen 01:00
Let’s get into it. So, recently, the Attorney General’s office in New Jersey filed a civil lawsuit against a couple of licensed gun dealers in New Jersey. I’m sure there’ll be other parties sued as well. (https://www.nj.gov/oag/newsreleases24/2024-1113_Point-Blank-Guns-and-Ammo-Complaint.pdf) What they’ve done is they brought a lawsuit under, what is this new law, a relatively new law, that was, of course, signed under the Murphy administration, which copies what has taken place in New York. I’m going to explain all this in detail and how it works. You’ll be able to see just how much BS there is here and why.
Evan Nappen 01:47
Before I get into the details, I want you to understand the bigger picture of the gun rights oppressors’ game. In the big picture, there was a push to this is a couple decades ago. A push to try to litigate via the civil tort system, to litigate guns out of existence, by going after manufacturers, dealers, etc, and sue them out of existence. That’s basically what the plan was. And in order to combat that move, the Protection of Lawful Commerce in Arms Act (PLCCA) was passed in 2005. (https://www.congress.gov/bill/109th-congress/senate-bill/397/text)
Evan Nappen 02:35
Now, the Protection of Lawful Commerce in Arms Act, what we call PLCCA, protects firearm manufacturers and dealers from being held liable when crimes have been committed with something that they may have made or sold. It was literally, at the time, called one of the most important pro-gun legislations successfully passed, and it was extremely important to shut down this gambit by the gun rights oppressors to abuse the civil tort system, to destroy our Second Amendment rights. However,
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certain things were not covered by it, such as defective products or breach of contract claims or criminal misconduct and other actions that they could be held directly responsible for.
Evan Nappen 03:52
Apparently, down the road some, I’m sure it was some anti-gun rights “Think Tank” that came up with the idea of having a law passed. They passed a law in 2021 in New York that allowed states to sue firearm manufacturers and suppliers, etc, if they contributed to a health or safety threat to the public. (https://www.nysenate.gov/legislationlaws/GBS/898-B%7CNY) This was their Gambit. The lawsuits created what would be anytime there was an alleged violation, they would include the new public nuisance law. So, the idea is to create a claim of public nuisance where you can civilly go after firearm manufacturers and suppliers. Kind of falling under “consumer protection” by claiming a public nuisance from the sale of certain items. This New York law was challenged by NSSF, which is the National Shooting Sports Foundations, and a number of other plaintiffs in a case we know as NSSF versus James. (https://michellawyers.com/nssf-v-james/)
Evan Nappen 05:38
That’s right, James being the infamous anti-gun rights, gun rights oppressor, Letitia James. NSSF versus James was filed to fight the New York public nuisance gun rights oppression Gambit. This lawsuit was brought for the pro-gun rights folks by Chuck Michel, who’s a great gun rights attorney and a colleague. I have nothing but respect for him. Unfortunately, at the trial court level, the United States District Court of New York, they lost the initial battle. The plaintiffs, who were represented by Chuck Michel, included NSSF, Beretta, Davidson’s, Glock, Central Texas Gun Works, Hornady, Lipsey’s, Osage County Guns, RSR Group, Shedhorn Sports, Sig Sauer, Smith and Wesson, Sports South, Sprague’s Sports, and Sturm Ruger. All these plaintiffs’ names that I’m sure you recognize fought here. They lost that initial round, and a Notice of Appeal was filed back June of ’22. So, we have this case that challenged the New York law and lost, but an appeal was filed. I don’t have any outcome of that appeal at this time.
Evan Nappen 07:29
Nonetheless, utilizing that New York case and the public nuisance tactic, New Jersey went and passed its own version of that very law. In fact, the same, virtually the same, language was put into the New Jersey under Murphy. This law is found under N.J.S. 2C:58-35 (Gun industry member, engage in public nuisance, prohibited, consequences; reasonable controls).
Evan Nappen 08:15
So, what I have here is the U.S. District Court papers that were filed in the New York case, and what I want to do is read you New York’s law, which is in the papers, is recited as what they used there where they initially have won. The New York law was enacted to hold the gun industry members civilly liable for “public nuisance.” Specifically, now, this is what the New York law says. “1. No gun industry member, by conduct either unlawful in itself or unreasonable under all the circumstances shall knowingly or recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing or marketing of a qualified product. 2. All gun industry members who manufacture, market, import or offer for wholesale or retail sale any qualified product in New York state shall establish and utilize reasonable controls and
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procedures to prevent its qualified products from being possessed, used, marketed or sold unlawfully in New York state.” That is the New York state law.
Evan Nappen 09:49
Now, in New Jersey, one of the recent cases being brought, one of the defendants that is being sued by (Matthew J. ) Platkin, the Attorney General of New Jersey, is Point Blank Guns and Amm LLC. I have a copy of the complaint that’s filed in this New Jersey case, and I’m going to read to you some of the key parts. “In July 2022, the New Jersey Legislature enacted a law specifying duties of New Jersey gun industry members.” You see that term again – gun industry members. “The law granted the Attorney General an exclusive cause of action to remedy violations.” This was the Murphy law passed in July 2022, and it’s N.J.S. 2C:58-35. Further in the complaint, it says. “Among the law’s provisions, Section 58-35(a)(2) requires New Jersey gun industry members to ‘establish, implement, and enforce reasonable controls’ in their sale of ammunition, ammunition magazines, and other, ‘gun-related product[s].'” No definition of what that includes. By the way, that’s pretty damn broad. “The law defines ‘Reasonable controls’ to mean, among other duties, the establishment of ‘reasonable procedures, safeguards and business practices that are designed to: (1) prevent the sale or distribution of a gun- related product to . . . a person prohibited from possessing a firearm under State or federal law.”
Evan Nappen 11:38
It goes on to say, “Section 58-35(a)(2) therefore obligates New Jersey gun dealers, when selling ammunition or magazines, to take affirmative steps to determine that the buyer may lawfully possess a firearm. This legal obligation protects the public by recognizing the reality that persons who may not lawfully possess firearms sometimes acquire them unlawfully.” Boy, that’s quite a leap, huh? Suddenly they got to guns from things that aren’t guns. “Thus, the Legislature has provided two safety measures. . .” Of course, it’s always about “safety”, which is their code word for gun rights oppression. “. . . a seller is required to conduct a check when someone purchases a firearm, and, as a backstop, also when a person purchases ammunition for a firearm.” That is not true. It’s when a person purchases handgun ammunition for a firearm. We’re going to get into that in a minute.
Evan Nappen 12:40
“Thus, in order to comply with Section 58-35(a)(2)’s requirement that a seller implement ‘reasonable controls’ to ensure that ammunition is not sold to ‘a person prohibited from possessing a firearm,’ sellers must require ammunition and magazine buyers to present either a New Jersey firearms permit or a document demonstrating they are exempt from the permit requirement.”
Evan Nappen 13:06
“In March 2024, Point Blank Guns and Ammo sold a handgun ammunition magazine to a first-time customer. The customer had no prior relationship with the store or the salesperson. The customer paid in cash. The store did not ask to see, and did not review, any type of identification, permit or credential. “And what was it? It was a 10-round Glock magazine. A perfectly legal magazine, even in the Democratic People’s Republic of New Jersey. “In May 2024, the same salesperson at Point Blank Guns and Ammo sold a 1,000-round case of .223 caliber rifle ammunition . . .” This is the complaint by the Attorney General, calling it rifle ammunition. Keep that in mind as we get into the weeds here. “. . . – a high-velocity, military-standard ammunition often used in AR-15-style rifles–to a different first-time
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customer. The customer had no prior relationship with the store or the salesperson. The customer paid in cash. The Point Blank Guns and Ammo salesperson did not ask to see, and did not review, any type of identification, permit or credential. Point Blank Guns and Ammo’s Practice of selling ammunition and magazines without implementing ‘reasonable controls’ to ‘prevent the sale or distribution of a gun- related product to . . . a person prohibited from possessing a firearm’ violates Section 58-35(a)(2) and threatens public safety.”
Evan Nappen 15:05
So, is that true? Is that a threat to public safety? What’s the story? Well, let’s take a look at the two claims actually under the law. First, there’s a claim of sale of a magazine, “a handgun ammunition magazine”. Gee. Do you ever go and say, hey, I want to buy a handgun ammunition magazine? No, no one does this. We call them magazines. You don’t call them “ammunition magazines.” Like, what other magazine? Outdoor Life? I mean, come on. It’s a magazine. Why is it a “handgun ammunition magazine”? Ah, maybe, maybe, just maybe, because the fact is, when it comes to selling ammunition in New Jersey, the only ammunition regulated by state law is handgun ammunition.
Evan Nappen 16:02
This is the actual recordkeeping, actual ammunition sale requirements under New Jersey statutes. Here’s what they say. When you go to N.J.S. 2C:58-2, which concerns the New Jersey dealer, retail dealer licensing, there is a section, 58-2.b. (Records). In that lengthy statute, you will find where it talks about the records that must be kept. Under Section 2.b.(2) where it talks about ammunition, I’ll read it verbatim to you. It says, “Every person engaged in the retail business of selling, leasing, or otherwise transferring handgun ammunition . . .” That’s what it says – handgun ammunition. “. . . as a retail dealer or otherwise, shall keep an electronic record in which shall be entered the name of the manufacturer; the date of the transaction; the type; caliber or gauge of the ammunition; . . .” What handgun ammo has a gauge? That’s pretty cute. “. . . the quantity of the ammunition sold; the name, address, and date of birth of the purchaser; the identification used to establish the identity of the purchaser; and any other information the superintendent shall deem necessary for the proper enforcement of this chapter.”
Evan Nappen 17:37
See that, folks? Handgun ammunition. What does the Attorney General’s complaint allege? That Point Blank sold “rifle” ammunition. Oh, you mean what’s not covered by that section of the law? That’s right. What’s not covered by that section of the law. But maybe there are other laws that exist other than this brand new public nuisance law? Oh, by the way, this is also the section of the law that I just want you to note this. It says, “Every retail dealer in the business of selling or otherwise transferring handgun ammunition shall immediately electronically report to the State Police any transaction involving the sale, transfer, assignment, or disposition of 2,000 or more rounds of handgun ammunition and information relating to each transaction in accordance with this subsection.” So, if you buy 2,000 rounds or more of handgun ammunition, the dealer is mandated to immediately report you to the State Police. Keep that in mind if you make purchases of bulk ammo.
Evan Nappen 18:57
But anyway, what does that apply to? Again, handgun ammo. What does the AG’s complaint specifically call the ammunition that they sold? “Rifle” ammo. Let’s take a look. Well, what about under
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N.J.S. 2C:58-3.3 “Handgun ammunition”? It’s about regulation. And what does it say? It says, “c. No person shall sell, give, transfer, assign, or otherwise dispose of handgun ammunition to a person who is under 21 years of age.” And that also deals with the electronic recordation. Again, nothing about “rifle” ammo and nothing about magazines. Remember, New Jersey only prohibits “large capacity magazines”, which are magazines that hold over 10 rounds. The magazine in this case held 10 rounds. It’s not regulated, not prohibited, and does not fall under the existing New Jersey statute with the exception of this new public nuisance law in the New Jersey Administrative Code.
Evan Nappen 20:23
The New Jersey Administrative Code is not a law passed by the legislature. The New Jersey Administrative Code is promulgated by the Bureaucrats. The very thing that President Trump and the DOGE folks, the Department of Government Efficiency, want to cut. They want to cut out these bureaucrats that have run wild federally, that have passed all these regulations contrary now under the case law with Chevron deference no longer being the thing they can hide upon to overwhelm us with regulations. By the way, regulation that’s done by, essentially, fiat by the agency deciding to do it. And what does the Admin Code say regarding the record and receipt and disposition of firearms and ammunition? Well, you can go to N.J.A.C. Section 13:54-3.14(b), and you will find where they’re trying to tap this and rely upon the law that I first read to you under the dealer licensing. It says, “(b) Every retail dealer of ammunition shall maintain a permanent record of ammunition acquisition and disposition.” When you read down, there’s a statement right in the Admin Code that reads as follows. “No record need be maintained for the sale or disposition of shotgun or rifle ammo.”
Evan Nappen 22:05
So, even the Administrative Code says no record for rifle ammo. The very thing that the Attorney General is suing Point Blank over. Now, there is a provision in this Administrative rule that says, “The dealer shall confirm the age of the purchaser of rifle and shotgun ammunition to be at least 18, . . .” But it doesn’t say how that confirmation is even done. First of all, where do they even get that? It’s nowhere in New Jersey statute. This is overbroad. They added to the Admin Code a provision that does not exist under the New Jersey licensing laws to even have to confirm it. We don’t know whether the confirmation took place by their understanding that the buyer was plainly over 18. You know that can be identified. And if it’s pretty clear, without anybody questioning it, that this person’s over 18, isn’t that a confirmation? Why does it have to be done, or how does it need to be done? And that’s only if that Administrative Code here is even legal. I think it’s agency overreach to begin with. It makes it clear that no record is even needed at all. So, if there’s no record, where’s the recordation of confirmation being made? So, that’s the best they can hope for in this.
Evan Nappen 23:51
And yet, what are they doing? They are bringing this litigation against these small dealers, initially, to try to financially ruin them. Obviously, to put them through the shredder under this new law, this new Gambit. It is yet another tactic of the gun rights oppressors now. They’re going to put it under this whole “well, this is just for public safety, and you know, we’re not anti-Second Amendment. No, no, we don’t want to affect anybody’s right to bear arms.” Yeah. Well, guess what, folks? If you put every gun dealer out of business, good luck exercising your Second Amendment rights when you can’t buy a gun or buy
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ammunition or buy accessories for your guns, right? This is their method of oppressing gun rights by abusing the system, abusing this loophole, this defect, if you will, in PLCAA.
Evan Nappen 24:56
So, what do we need to do now? What we need to do now is clear. Number one, with Republicans in control of the Federal government and with President Trump being a staunch supporter of the Second Amendment, PLCAA needs to be fixed. They need to add to PLCAA the federal preemption protection for dealers and manufacturers this so-called public nuisance gambit. They need to prohibit public nuisance suits on dealers and manufacturers. They need to strengthen this law. They need to write it carefully and wipe out this gun rights oppression tactic. That’s the big picture. That’s what needs to be done. Maybe the challenge will continue, and I’m sure these cases will be challenged. There are many other grounds these can still be fought upon, but changing the federal law is critical. I’m calling on our federal legislators, our legislators that support our Constitutional rights, to make that change to PLCAA.
Evan Nappen 26:23
What can dealers do now to protect themselves, so that the dealer doesn’t become a victim? Because that’s what they are. A victim of this new law. Dealers need to make sure that on any sale of any gun- related product, particularly ammunition and magazines, but any gun-related product, make sure the person is over 18 and preferably shows a Firearm ID Card, a pistol permit, a Permit to Carry, etc. And to protect themselves, make a note on their paperwork that such thing was checked and that if you can write down a number, even better. But take the steps, if you’re a dealer, to protect yourself now. Because the Attorney General sent in these undercover agents to make these purchases. This has nothing to do with public safety. It’s such a joke, right? We’ve got so many real problems here that the sale of rifle ammo or sale of a 10-round Glock magazine is hardly a public threat, considering the real criminals that are out there and what so little is being done about them.
Evan Nappen 27:43
Nonetheless, I don’t want to see any gun dealer or manufacturer victimized under this law until it gets fixed or declared unconstitutional. So, make sure that you ask for the credentials and protect yourself by making a note of it on any of these sales. And unfortunately, gun-related products is so broad that I would basically say that anything you sell that’s gun related, make sure the person is licensed and legal to have a gun. Otherwise, you may find yourself subjected to one of these lawsuits attempting to make you a victim and oppress our gun rights.
Evan Nappen 28:31
And I want to say to any gun owner out there, if you’re asked for ID by gun dealers, do not be offended. They have to protect themselves. We’re in a situation now where they’re vulnerable, at this time, to being litigated by the power of the state of New Jersey, using our tax dollars to crush them. Let the dealers protect themselves. Please cooperate and don’t be offended. For now, this is how we have to be in the DPRNJ.
Evan Nappen 29:15
Now let me talk to you about one of my favorite dealers, which is WeShoot. WeShoot is an indoor range in Lakewood, New Jersey. They have a fantastic range there, and they’re offering some really
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great deals and services that I want to make you aware of. First of all, WeShoot is offering a “Double Dip Promotion”. That’s right. As they said, “Remember when George Costanza committed the ultimate party foul with his infamous double dip?” Yep, I remember that. Well, WeShoot is going to let you double dip the right way. WeShoot is offering is that if you buy an electronic gift card on the website or pick up the card in the store, you’ll get 10% off instantly. Then you can use that card on Black Friday and Cyber Monday for even other mega deals, and still get the full credit. So, you can double dip on the deals. That’s really a great deal. They’ve got great guns and equipment and other gun-related products there for you to buy. So, check out WeShoot for that.
Evan Nappen 30:33
I want to remind you that November 21 is the 2A Diversity rally at WeShoot. True diversity with my friend, the great Tony Simon. He will be at WeShoot on Thursday, November 21, at 6pm. It’s only 20 bucks, and there you can laugh and shoot with Tony, a true heavyweight of hilarity. Test the latest firearms, including cutting edge rifles, enjoy free pizza and refreshments, and win prizes. WeShoot provides everything for the $20, the range, targets, rentals, everything. So, check that out at the great 2A Diversity Shoot on November 21.
Evan Nappen 31:25
Let me also bring to your attention that WeShoot in Lakewood has many courses. I personally got trained there. That’s where I shoot and my family as well. We all got our carry certification and everything else there. It’s a great range. They also are offering a special course if you’re thinking about the police academy. They have a specialized course to give you a head start, equipping you with the skills, knowledge and confidence needed for your journey, taught by seasoned Police Training Commission Certified firearm instructors and range masters. This program combines rigorous instruction with hands-on training. So, here’s some highlights of the course: Overview of Police Training Commission Physical Assessment Guidelines for Academy Prep; Review of Attorney General Guidelines for Basic Firearm Training; Comprehensive Range Safety Instruction; Practical Firearm Training and Range Exercises; and Full Range Qualification, including target analysis and scoring with and without time limits. They have fantastic instructors at WeShoot, including Scott Bonito, who’s a Retired Lieutenant; Ken Martin, Retired Captain; Edward Adams, Retired Detective; James Weinberg, Retired Detective Sergeant; Anthony Bonito, Retired Captain; Heidi Bergman-Schoch, Retired PD, K-9 and Narcotics and USCCA Instructor. As a matter of fact, she certified me for my CCARE. She’s awesome! The duration of the course is two hours. If you’re interested in that program, check it out at WeShoot. What a great offering! Go to weshootusa.com, their website, and take advantage of these great offers, deals, and courses. Or just go there and have fun and shoot.
Evan Nappen 33:27
Let me also mention our great state Association, the Association of New Jersey Rifle & Pistol Clubs (ANJRPC.org). They’re fighting all these outrages that take place in New Jersey. They’re litigating now in federal court as we speak. They’re in Trenton, keeping an eye on the shenanigans that never seem to end. You need to be a member of our great Association, anjrpc.org. They are the NRA affiliate for New Jersey. They are our unifying force for the protection of our Second Amendment rights as we fight the gun rights oppression every day. So, join anjrpc.org today. You’ll be glad you did. You’ll get the
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email alerts. You’ll get the best newsletter on gun rights in the state, and you’ll know that you’re part of the solution.
Evan Nappen 34:32
Let me also take a moment now to shamelessly plug my book, New Jersey Gun Law, the Bible of New Jersey gun law. It is over 500 pages with 120 topics, all in a question and answer, user-friendly format. So yes, even you can understand New Jersey gun laws by getting a copy of my book. It’s the 25th Anniversary Edition. And when you get the book, scan the front cover, the QR code, and for free, join my subscriber base. It is private. You will then have access to all the archives of any updates, and you’ll get email alerts of any updates in the law. So, that way, you’ll stay on top of New Jersey’s insane matrix of gun rights, oppressive laws, and be able to keep yourself safe and out of jail. Go to EvanNappen.com to get your copy. That’s right, EvanNappen.com and get your copy today.
Evan Nappen 35:40
So, let’s talk about some great political things that are going on. You may have been following the Senate Majority race in which we had Senator (John) Cornyn, Senator (John) Thune and Senator (Rick) Scott. They were the three main candidates vying to be Senate majority leader to replace the turtle there, Mitch McConnell. In that race, I’m happy to say that Senator Thune won. Now, let me just say I appreciate Senator Scott very much, and I understand he was very much in favor of President Trump’s agenda. But so is Senator Thune and theoretically Senator Cornyn. However, the most pro- gun of those three candidates is and was Senator Thune. That’s right.
Evan Nappen 36:37
Senator Cornyn was one of the republicans who voted for the Bi-partisan Safer Communities Act, which is an anti-gun law proudly signed by the senile sock puppet and is wrecking havoc and causing all kinds of problems for us. Because in that Bi-partisan bill, which was hardly bipartisan, except for a handful of Republican sellouts, including Senator Cornyn, it is just a problem. Biden then piled on Executive Orders from it, including anybody who sells a gun for profit is somehow a “dealer” and adding all kinds of anti-gun restrictions. That was a really bad move, and we’re paying for it as we speak. So, I am not real thrilled with Senator Cornyn. Hopefully, he’ll learn his lesson and vote correctly in the future. Senator Scott, although recently having been quite good as Governor of Florida, he actually signed some anti-gun provisions into law in Florida. So, I give it to Senator Thune, and I’m glad that Senator Thune is the Majority Leader, especially considering that President Trump won.
Evan Nappen 38:12
After being elected, this is after being elected, President Trump specifically made an announcement. Don Trump Jr. put out where President Trump announced his push for National Concealed Carry Reciprocity. That’s right. President Trump is dedicated to the Second Amendment and ending gun rights oppression. One of the great things we can do is pass National Reciprocity. Now, of course, what I’d love to see is National Constitutional Carry, and we will get that eventually down the road. But National Reciprocity even has provisions, given how the law is currently, the most recent incantation of that law, that individuals who come from states that have Constitutional Carry, are given national reciprocity. So, essentially, they’d be able to carry simply based on their residence anywhere in the
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country. And by getting that through, it lays the groundwork for complete national reciprocity down the road either way.
Evan Nappen 39:25
Anyway, we need national reciprocity so we don’t have to deal with this patchwork quilt of absurdity as to where we can defend our lives and not be victims, but rather defenders. So, national reciprocity is on President Trump’s radar. It’s a priority for him, and I believe we’re going to finally get it through this time with Republicans in control of both houses. It will be a great day, and I’m really looking forward to it as we fight the Gun Rights oppressors every day.
Evan Nappen 40:03
So, I have an ask Evan here. I love getting the questions. This is from Jeffrey. Jeffrey says, regarding are green tip rounds considered armor piercing in New Jersey? Mr. Nappen, I’m a holder of a New Jersey Firearm Purchaser ID Card, a New Jersey Permit to Carry, a member of NRA, ANJRPC, and U.S. Law Shield. That’s great. You are covering yourself. And I am also the owner of your book. Jeffrey, you have got it all. That is a good job. Good job. My question is regarding rifle ammunition. Are green tip rounds such as PMC 5.56×45 62 grain FMJ considered an armor piercing round in New Jersey? I was under the impression from your book and prior podcast that this ammo is not armor piercing. A range employee told me that green tips are armor piercing in NJ. Has something changed?
Evan Nappen 40:49
Okay, so, here’s the deal on armor piercing. New Jersey changed its armor piercing bullet prohibition to mirror the federal armor piercing ammunition law. Green tip, 855, so-called, is not armor piercing under New Jersey law, because it’s not armor piercing under federal law. Because it is rifle ammo, not handgun ammo. It is not a prohibited round. It is legal federally, and our armor piercing law mirrors the federal law. So, that is the story on armor piercing, so-called green tip ammunition.
Evan Nappen 41:39
What about this week’s GOFU? You know, the section, the segment of the show that we all look forward to. This week’s GOFU. The GOFU is the Gun Owner Fuck Up, where we look at mistakes from actual cases that gun owners have made, and it costs them a lot, possibly even their freedom, their fortunes, you name it. And we learn for free from these GOFUs. This week’s GOFU, so that you don’t become another GOFU, is please make note of your Permit to Carry expiration dates. It’s very easy to forget the expiration date of your Permit to Carry. Then the next thing you know, you’re carrying your gun illegally because your permit has expired. You don’t want to be in that situation. So, I strongly suggest that right now, right after this show, look at your carry permits. Look at your gun licenses and put it in your calendar a good month or two before expiration. In New Jersey, you can have it up to four months before the expiration of your carry permit. Put it in your calendar about approaching expiration dates for your gun licenses. Look, if you run Google Calendar, even if your license is good now, you know, five years from now, it expires. Put it in your Google calendar now with a few months in advance, so that you don’t forget it. If you have a written calendar, put it in your written calendar. If you don’t run a calendar, put your expiration dates for every license you have on a piece of paper and pin it to your cork board, tape it to your wall, whatever. Make sure you remain aware of the expiration dates of your licenses, so that you don’t become the next GOFU.
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Evan Nappen 43:54
This is Evan Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.
Speaker 3 44:04
Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.
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Downloadable PDF 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.
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