Episode 268-Tresspassing on Our 2A Rights

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Searchable Podcast Transcript Gun Lawyer — Episode 268 Transcript

SUMMARY KEYWORDS

New Jersey gun rights, Assembly 6211, criminal trespass, sensitive places, carry killer bill, Supreme Court, trespass law, private property, research facilities, utility company property, school property, fourth degree crime, defiant trespasser, gun attorney, national reciprocity.

SPEAKERS

Evan Nappen, Speaker 2, Teddy Nappen

Evan Nappen 00:16 I’m Evan Nappen.

Teddy Nappen 00:18 And I’m Teddy Nappen.

Evan Nappen 00:20
And welcome to Gun Lawyer. So, the New Jersey gun rights oppressors are at it again. They have a bill that is apparently moving forward. It is Assembly No. 6211, and apparently they’re trying to jam it through before the end of the year here. (https://www.njleg.state.nj.us/bill-search/2024/A6211/bill- text?f=A6500&n=6211_I1) You know, it’s on the fast track, apparently. We’ll see. This bill is to make and criminalize the going into a place that you would otherwise be legally allowed to carry, but for giving a, putting up a sign that says “no carry”. Now, the Attorney General, as you may be aware, in New Jersey, is giving away these free signs. You know, prohibiting guns on premises, but the law regarding that falls into trespass. It’s not actually part of New Jersey’s “sensitive places” in the Carry Killer bill.

Evan Nappen 01:34
Because in the Carry Killer bill, there was an extreme property ban that basically said about private property, that any private property you had to have a sign that gave you permission to have your gun. In other words, there needed to be a sign out on any private property you were going to go into with your gun. And that would include businesses and anywhere else that said, essentially, hey, we love guns. Bring in your gun, you know, in so many words. Now that was shot down by the court in the federal litigation, you know, which was brought to you by the State Association, the Association of New Jersey Rifle & Pistol Clubs. They challenged it in federal court in front of Judge (Renee Marie) Bump. And what happened was the judge basically ruled, and this is a current law in New Jersey, that when it comes to private property, if it’s open to the public, it’s not a prohibited area. You don’t have to get prior permission if it’s open to the public, unless it’s somehow otherwise a prohibited place. So, you know, if you want to walk into 7-11 with your gun, it’s open to the public, and they don’t need to have a sign that says guns are permitted. You’re good to go. And that’s how it currently is.
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Evan Nappen 03:02
But as you may be aware, Hawaii passed a similar law, and it got upheld there. It didn’t get knocked out the way we did in New Jersey. They said, oh no, you need their prior permission. This law is now upheld there, and the Supreme Court of the United States has taken up that case. So, we’re going to get a SCOTUS ruling on the legality of that type of anti-gun and oppression-type law that they love to pass. We’re going to probably get some great, I’m hopeful, to get some great law out of the Supreme Court that we can use to fight other sensitive places. But what New Jersey is now doing, and this is something they try to do, they’ve done it in other areas, is they try to figure out sneaky end runs. Sneaky ways to oppress our rights. Sneaky ways to get around laws that protect our rights.

Evan Nappen 04:11
So, you know, they’ve done it and attempted to do it with PLCAA, Protection of Lawful Commerce in Arms Act, where they’re not, under federal law, dealers and manufacturers and stuff are supposed to be protected. But New Jersey created this whole consumer protection angle that they’re exploiting to try to get around that so they can try to litigate, you know, gun shops and manufacturers out of existence, using and abusing consumer protection laws. Well, now what they’re going to do here with this bill is abuse the trespass laws in such a manner. Because it’s not the classic “sensitive place” that was in Carry Killer bill, but instead, they’re amending the trespass law in New Jersey to pull this off.

Evan Nappen 04:59
Here’s what they’re doing. It falls under N.J.S. 2C:18-3, which is New Jersey’s trespass law. And this is to create criminal trespassing while carrying a firearm. You see how they put criminal trespassing while carrying a firearm. But really what it’s doing is criminalizing carrying a firearm into private property that says no guns, which is contrary to essentially the sensitive place victory that we had. It probably is going to be further decimated by the Supreme Court in its discussion, but nonetheless, New Jersey now has the following offense. So, if it passes, and they’re pushing to pass it, a person commits an offense if, knowing that the person is not licensed or privileged to do so, the person enters or surreptitiously remains, so just go with enters. Don’t worry about your staying, you know, secretly there. But enters any research facility, structure, so there’s a comma after research. So, that’s a standard research facility. It’s not just about research facilities, research facility.

Evan Nappen 06:24
But they hide this stuff in there so that, you know, it’s way broader than it’s initially appearing. Research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport. So, buried in this presentation of saying, oh, we’re protecting research facilities, utility company property and airports, is the very broad structure prohibition, just stand alone structure. It’s not just structures of a research facility or a utility company or an airport. Then it says an offense under this subsection is a crime of the fourth degree. That’s up to a year and a half in State Prison, by the way. If it is committed on a school property, see, school property is part of this. Why? Because that goes to that structure, you see. Oh, well, of course, we want to keep guns out of school. So, that’s okay. That’s where they’re right. This is their whole way of sneakily selling this.
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Evan Nappen 07:37
An offense under this section is a crime of the fourth degree, if it’s committed in a dwelling. So, this makes anybody’s home now part of this. An offense under this section is a crime the fourth degree, if it’s committed at a research facility, a power generation facility, a water treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility that stores, generates or handles any hazardous or chemical compounds. So, again, they add all that in, but don’t lose sight that all structures are still covered, even though they’re doing a laundry list of these other things to conceal what they’re doing. Don’t fall for their trick here. An offense under this subsection is a crime of the fourth degree, if it’s committed upon a utility company, and an fence is a crime of the fourth degree, if it’s committed in a sterile area or operational area of an airport. Otherwise it’s a disorderly person.

Evan Nappen 08:35
So, oh, okay. If it’s another structure of some sort, you know, a dwelling, it’s just a DP, right? Wrong. Because here’s what they do. A crime of the fourth degree under this section shall be a crime of the third degree. So, they’re going to bump it up now to five years in State Prison, right? If the person possesses a firearm while committing the offense, regardless whether they have a permit to carry or not. And then get a load of the next line. A disorderly person’s offense under the subsection shall be a crime of the fourth degree if the person possesses a firearm. So, now they’re making it essentially a felony, felony, level, you know, New Jersey fourth degree. A year and a half in State Prison if you trespass in this manner.

Evan Nappen 09:24
But wait, they’re not done. Because you may say, well, I would never just go into a place that I wasn’t allowed to go into. But here’s where they add in even more of the fun stuff that they use to oppress our rights. Defiant trespasser is a person that commits a petty disorderly persons offense, if the person possesses a firearm while committing the offense of a disorderly person’s offense, regardless of whether the person is a holder of a permit to carry. It doesn’t matter if the person is not licensed or if you’re knowing you’re not licensed, or enters or remains in the place, okay? And then it says. This can be given by, and here’s the punchline, folks, posting in a manner prescribed by law or reasonably likely to come to the attention of the intruders. That puts into place those free no gun signs, so that businesses and other places can post these signs. Now creating a fourth degree crime for taking your firearm into these places that have the “no gun” posting.

Evan Nappen 10:40
Now, it claims that there’s an affirmative defense if the structure was, at the time, open to members of the public. But here’s the catch. The actor complied with all lawful conditions imposed on access or remaining in the structure. Oh, well, one of those conditions is no guns. So, again, they come back and get our gun rights. It makes believe it’s a defense, but it really isn’t, because of the condition that the sign creates. And that puts you back into the felony level gun rights oppression mode. Then it goes in even further to say the conspicuous posting of a sign prohibiting or otherwise indicating that it’s not permissible to carry a firearm in the structure or place shall give rise to an inference that an actor who accesses or remains in that structure or place while carrying a firearm knowingly was not licensed or privileged to enter or remain. It’s virtually like a presumption, but they’re calling it an inference.
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Evan Nappen 11:56
So, right away, if that signs there, you’re going to be subject by that inference to arrest for having your firearm. Did not comply with all lawful conditions imposed on access to or remaining. So, again, there’s a sign, and you didn’t comply. FOURTH DEGREE FELONY for you, and you lose all your gun rights and get thrown in the Gun Owner Gulag while you’re at it. Three, did not reasonably believe that the owner of the structure or place where the other person in power to license access would have licensed them to do it and remain. So, this is their latest move, folks, to criminalize going on to property and pushing their “No Trespassing” angle. Because if the Hawaii case, depending on how it’s decided, invalidates these, in essence, the private property sensitive place prohibition, their new gambit is now doing it by way of the trespass laws. So, the gun rights oppressors are out doing their evil in their oppression of our rights. We need to stop Assembly No. 6211. It is going to be causing a lot of problems if that passes, and if it does, really what we need to do is get a website that shows every business that says “no guns”. And make sure that nobody goes to those businesses. Nobody gives those businesses any money, first of all.

Teddy Nappen 13:49
I would, I would actually take it a step further. I want to do a sticker campaign where, if you see that sign, you sticker that puts on it says, rob me.

Evan Nappen 13:59
Yeah, right, that’s pretty funny.

Teddy Nappen 14:01 Well, I mean.

Evan Nappen 14:02 Well, here’s what it is.

Teddy Nappen 14:03
Pretty much, there are sending that message.

Evan Nappen 14:04
Well, pretty much. They are making it much more dangerous because basically anybody seeing that sign of “no guns” knows that it is their prime target to be robbed, because they don’t believe in guns. They’re just advertising the fact that they’re helpless, defenseless, and it’s really rather stupid. But on the other hand, I’d like to see stickers out there, and there are signs and stickers that I know are available, where guns are welcome. You put the sign that you welcome lawful carriers and that ends up protecting you and others. And on the same website, we should list these places that welcome guns, and those are places that our business needs to go to. We need to use the power of our dollar to make them pay or to benefit those that try to stand up for our rights. So, this is their latest attack. We want to make you aware of it and stay vigilant. If you belong, which hopefully you do, to the Association of New Jersey Rifle & Pistol Clubs, you will probably receive the email alert about this very thing. Also, NRA and others, I’m sure, will be putting it out there, but this is what we’re up against here in New Jersey.
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Evan Nappen 15:33
I have a couple other things to talk about real quick here. I want to mention that Toms River is now the 13th municipality to nullify carry permit fees. So, if you live in Toms River and you apply for a carry, they are going to refund the $150 to you that New Jersey requires that you pay. That’s really great. Congratulations to Toms River for joining the other 12 states, that these states, I mean other towns, not states, sorry, other towns. They are now the 13th town to do it, municipality. The other thing interesting about Toms River is that they have approved over 1600 post-Bruen carry applications. Toms River is apparently the second largest number of approved post-Bruen permits. I’m getting all this from an article from our good friend, John Petrolino, at Bearing Arms. (https://bearingarms.com/john- petrolino/2025/12/11/toms-river-marks-13th-nj-municipality-to-nullify-carry-permit-fees-n1230887) John Petrolino does great research and writing, and he has a particular focus, as well, on New Jersey. This is really interesting stuff, and it’s great to see the municipalities. The other municipalities, by the way, so, the list is Englishtown, Howell, Toms River, Beachwood, Butler, Dumont, Franklin Borough, Hardyston, Hopatcong, Medford Lakes, Vernon, Cresskill, and Redington. Boy, it feels like I’m reading a school closing list almost, doesn’t it? But those are the municipalities that have decided to refund all or part of permit fees. So, good work to those towns and those that helped to get that through.

Evan Nappen 17:28
And by the way, I want to mention that John Petrolino has another article in Bearing Arms. He’s very much on top of these issues, and it’s titled, “Are We Closer to Getting a True Accounting of New Jersey Carry Permits?” (https://bearingarms.com/john-petrolino/2025/12/10/are-we-closer-to-getting-a-true- accounting-of-new-jersey-carry-permits-n1230878) And what John has done is filed under essentially the Freedom of Information legislation that New Jersey has, their version of it, which is the Open Public Records Act. And he’s looking to get the number of carry permits determined. And although we have some numbers, the problem is that it lists approved applications, but that’s not necessarily the number of currently valid permits to carry. Additionally, the carry permits do not include retired law enforcement permitting that occurs under 39-6. So, he’s looking to get the numbers of RPOs out there that have carries as well, because they’re still civilians, even though they’re retired police, and those, too, are carry permits. And knowing this information is important, as it shows more and more folks out there exercising their rights and carrying to defend themselves and others.

Evan Nappen 18:55
I also want to point out another interesting headline here that I caught. This, too, is from Bearing Arms and is by Cam Edwards. (https://bearingarms.com/camedwards/2025/12/11/north-carolina-womans- lawsuit-gives-scotus-a-chance-to-establish-national-reciprocity-n1230888) I think this is really exciting. You know, we all want to see national reciprocity. And there is a bill pending, you know, HR 38, and we may see some action on it. They’re pushing it in the federal, in the Fed there for Congress to get it passed. But the problem is, of course, the Democrats, who always want to oppress our rights, and it seems that when it gets most likely to the Senate overcoming cloture, the filibuster, the Democrats are going to again kill anything that expands our ability to enjoy our Second Amendment rights. Now, maybe it’ll go through. Maybe some will see the light. There’s always a chance, and it would be great. I’m not getting my hopes up for it to pass until we get the 60 votes of solid Second Amendment
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supporters in the Senate, but it’s good to at least get on record those oppressors of our Second Amendment rights for election time. So, if it doesn’t pass there, that’s still worth the effort.

Evan Nappen 20:14
However, what is interesting is we may be able to get national reciprocity from court action, from judiciary, from challenges brought up to the Supreme Court. And this is very interesting. Because the article, “North Carolina Woman’s Lawsuit Gives SCOTUS”, which is, of course, Supreme Court of the United States, “a Chance to Establish National Reciprocity”. So, that’s exciting. What happened was Eva Marie Gardner was driving in Montgomery County, Maryland, and her car was allegedly hit by an assailant, who ran her off the road before exiting his vehicle and rushing towards her. She said she screamed for him to get away, but when he continued advancing, she drew her pistol in self-defense. She never fired a shot. When the police arrived on the scene, they ended up releasing the man who ran her off the road and arrested Gardner for illegal possession of her firearm. She now lives in North Carolina but had a valid concealed carry permit from Virginia. However, Maryland doesn’t recognize carry permits from other states, and she was ultimately convicted despite raising Second Amendment claims.

Evan Nappen 21:39
So, she filed on her own after fighting this, after the Maryland Supreme Court denied her case. She took the case to the Supreme Court, filing a cert petition on her own behalf, asking for this consideration. And apparently one of the judges in the Supreme Court took a great interest in it and asked for the State to file response. And because of that, this is exciting, Gardner also filed a full faith and credit argument. You know, that one state needs to recognize another state’s documents, and not only that being a Second Amendment protection.

Evan Nappen 22:26
And, you know, ordinarily, a pro se petition has very little chance of the Supreme Court taking it, but because one justice took an interest in it after Maryland waived its right to respond, you now see that some top litigators in the Supreme Court are taking up her case. The Second Amendment Foundation is also filing an amicus, and this is really good stuff. So, there is a chance here, based on this pro se petition from this woman who defended herself and then, of course, became victimized by Maryland’s anti-gun law that doesn’t recognize any other states outside permit. This may be the case, if SCOTUS takes it, that can force national reciprocity by way of our constitutional rights, and that would be fantastic. It will negate the need for Second Amendment legislation to pass, or maybe pave the way for it to pass, who knows? But that is something exciting that we’re going to be keeping an eye on, and we hope to see success. And, man, I will be ecstatic, and I’ll be the first to be telling you if SCOTUS takes a national reciprocity case.

Evan Nappen 23:57
Hey, let me tell you about our good friends at WeShoot. Teddy and I just re-qualified down at WeShoot for our New Jersey carries. We did our CCARE. It was great. We love WeShoot. It’s a great place to shoot with great training. And they are running some awesome specials. They, of course, have the BUL Armory UR, which is a double-stack race gun. And they have the Springfield Saint Victor V2, which is really cool gun. It has next-gen ergonomics, flat-faced trigger, and top-tier reliability for defense or
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range work. And they have a Ruger LC Carbine. And they’re running some super sales. It’s their last sale of 2025, and you should check out these sales that are going to go from now until the 24th. They’re offering a two-hour private lesson with 20% off. They have 1,000 rounds of nine millimeter for only 245 bucks. That’s a great deal. They have carry classes at 10% off. They have 200 rounds of .223 for $119.99. They’re offering 5% off gift cards at $100 or more. They’re offering 500 rounds of .380, for 149.99. They have Radical Firearms FR15 for only 499.99. They’re offering $300 off double action defense pistols. They have the ATI AR-15 for 399.99, and they’re offering $500 off Phoenix Trinity Firearms. So they are running some great sales.

Evan Nappen 25:53
And guess what? It doesn’t end there. They’re doing 10% off all Glock pistols they have. WeShoot pistol bags for 9.99. Smith & Wesson Bodyguard 2.0 for 385. And 10% off Vaulttek Safes and accessories. They have 15% off Stopbox Safes. 25% off all used guns. 25% of all used guns. 15% off Byrnas. 10% off Savior Gun Bags, etc. They are running just tremendous sales. And that’s not all of them even. So, listen, get down to WeShoot, and check out these great sales. They’re running great prices. The sales extended. They’re offering even super deal on individual membership and upgrades. Go to weshootusa.com. They’re right there in Lakewood, easily accessible off the Parkway. It’s where Teddy and I shoot, and you’ll love to shoot there, too. Check out WeShoot.

Evan Nappen 27:02
Also, let me mention again, the Association of New Jersey Rifle & Pistol Clubs. They’re there fighting the fight for us. Man, they’re in the trenches, battling it out in federal court. We should have some exciting developments. Probably next show I’ll be telling you about something very exciting happening in federal court with the state Association. It’s really great stuff. We’ll be very excited about it. I have to just make it as a teaser for now, though. And they’re challenging the magazine ban and the assault firearm ban. They have a full time lobbyist. I mean, this is our group so we can fight the gun rights oppressors. You need to be a part of our state association. Go to anjrpc.org, anjrpc.org, and make sure you join.

Evan Nappen 27:59
Also, make sure you get a copy of my book, New Jersey Gun Law. It’s the Bible of New Jersey gun law. You can go right to EvanNappen.com and order your copy. It’s over 500 pages, over 120 topics, all question and answer. It is a book relied upon by thousands upon thousands of New Jersey gun owners. It’s a book used by the State Police Firearms Division, lawyers, judges, and most importantly, so many great shooters and listeners to the show. And I know how much you love it. It’s a labor of love for me to write it. When you get the book, scan the front QR code, and join my private database of subscribers that get the updates. You can immediately access the archives and get the updates. Go to EvanNappen.com and get your copy today. Hey, Teddy, what do you have for us today in Press Checks?

Teddy Nappen 28:52
Well, as you know, Press Checks are always free, and honestly, this was born out of a meme. Where, you know, you’re scrolling through, you’re trying to find, and I saw this one little post. It said, the UK, 30 years ago, disarmed themselves, and now they’re arresting you for Facebook posts. Let that sink in.
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Now, I knew the UK disarmed themselves, but I had no idea what he was referencing. And as someone who likes to understand history, I found that it was referencing the Firearms Amendment Act of 1997. (https://www.legislation.gov.uk/ukpga/1997/5/contents)

Teddy Nappen 29:35
So, just pause for a moment. You have James Carville, who’s making the argument that if the Dems ever take back power, they’re going to make Puerto Rico a state. They’re going to make D.C. a state. And they’re going to pack the court. So, with that in mind, in their goal to “save democracy”, I think to myself. If the Left had unfettered power, no roadblocks, what would they do to destroy our rights? And after reading this bill, here it is. Looking at the UK, it is the future, if they ever take back power, and what they will do to destroy our rights. So, I pulled it up right off of the UK Government website. They’re bragging about it for anyone to, you know, if anyone wants any new ideas. Here’s, here’s, what they can look at. So, the subsection describes weapons that are prohibited, and there shall be inserted the following. Any firearm which either has a barrel less than 30 centimeters in length, or less than 60 centimeters in length overall, other than air weapons, small caliber pistol, muzzle loading gun, or firearm designed with signaling apparatus. Then it goes into its laundry list of except for slaughtering instruments, firearms used for humane killing, not human killing, humane killing of animals, and shot pistols for shooting vermin. By the way, all these require a firearm certificate.

Evan Nappen 31:14
Wait a minute. They didn’t see No Country for Old Men, I guess, because they still.

Teddy Nappen 31:17 No, I guess not.

Evan Nappen 31:18 Yeah, right, huh, yeah.

Teddy Nappen 31:20 Call it like, yeah.

Evan Nappen 31:24 Call it.

Teddy Nappen 31:26
And they go, and, by the way, each of these has to earn, you have to qualify for a firearm certificate, because they will just say the after the constabulary has to say, well, sorry, we don’t think you this is gonna go for that. And also, they have races at athletic meetings. Oh, I love this one, trophies of war stuff obtained in 1946 as a trophy of war so, you can keep it. Still off.

Evan Nappen 32:00
Can you keep it? Or do you have to turn it in? Or do you have to d-wat it?
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Teddy Nappen 32:03
Well, here’s the crux of it. It has to be used for exhibit or display, which goes into for that, or any firearm prior to 1919. And again, it has to be earned by certificate.

Evan Nappen 32:17
So, they’ve created these incredibly onerous, it sounds like they basically banned all handguns there, and just continue to be the formerly Great Britain. And since the banning of all these guns, and the turn in of all these guns, and not only guns, but they also do it to knives, too.

Teddy Nappen 32:43 Correct.

Evan Nappen 32:43
Now they’re going, now they’ve focused on speech because they’ve got nothing to worry about. They disarmed the citizenship.

Teddy Nappen 32:52
Yeah, and also, if you were to violate said prohibition, it’s five years states prison. So, you know, might as well keep to like, Jersey standard. You know, five years.

Evan Nappen 33:04
Yeah. I mean, it’s pretty weird that Great Britain can actually make New Jersey at times look pro-gun.

Teddy Nappen 33:12 Yeah.

Evan Nappen 33:12
I mean, that’s pretty sad. Yeah.

Teddy Nappen 33:15
This is the worst offense, and this is the part that’s disgusting. It just shows you the abuse of rights. The power of the search warrant. If a justice of the peace, or in Scotland, Sheriff, is satisfied by information on a reasonable grounds that a suspect offense is about to or is committed, or the connection to a firearm ammunition, that there is a danger to public safety or peace. What does that mean if you have a connection to a firearm? Let’s say, I don’t know, making a Facebook post about you shooting in Texas and then coming back to the UK. They can get a search warrant to search your premises and arrest you promptly for any connection to a firearm.

Evan Nappen 34:01
Well, the only difference there, Teddy, is New Jersey already has that. It’s just that you’re not arrested. That’s a TERPO (Temporary Extreme Risk Protection Order) right there. That is New Jersey’s TERPO. Now you just get your guns seized and your house searched and your gun rights taken. The UK is going to arrest you and criminally charge you. But New Jersey doesn’t have any due process up front on the Temporary Extreme Risk Protection Order, basically what’s called Red Flag. And that standard
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is very similar to what you just said in the UK. So, we’re not, we’re really not that far behind in New Jersey from totalitarianism, oppression of our Second Amendment rights. And it’s just disgusting. We’re following this same model in the former, that the formerly Great Britain is doing.

Teddy Nappen 34:54
Yeah, and to be, to set the tone. And this is something for the UK to think about. You guys do realize that you’re, that the whole point of the Second Amendment is to defend yourself. And case in point, as they always like to say, well, we don’t have very much gun crime. However, your rapes ticked up about, oh, I don’t know, 15 times from the early 2000s to 2024. Now it’s up to 71,000 rapes a year, which, you know, if you’re letting in massive amounts of Afghans who commit rape up to 17 times more than a native born. Yeah.

Evan Nappen 35:40
Well, you know, now you’re touching on that whole other wokey, crazy issue where they’re not getting the assimilation. Not getting assimilation to whatever their culture formally was. I mean, they don’t seem to care, though, you know. I guess they’re, they’re motivated in taking away rights of their citizens, and yet the crime wave that they’re experiencing is disgusting. They get denied their rights to defend themselves, and for that matter, they have the most effective means to defend themselves. Even though the statistics show pretty clearly what the problem is. And yet they’ll try to blame everything else but what factually stares them in the face. So, it’s a shame, but we’ve got to take warning and heed in New Jersey. Because we’re heading down that path, and it’s getting worse and worse. The only thing on the good news is with Supreme Court taking two gun cases, hopefully taking more, with federal law changing, with the Justice Department looking at civil rights violations as through Second Amendment laws that oppress, and that they will be going after these states and other localities. There’s a lot that we can at least be hopeful about here, because as we stay vigilant, it is not all doom and gloom, though. There are things that we should be positive about, and we just have to keep on fighting, and that’s what we’re going to do.

Evan Nappen 37:36
Now, let me tell you about this week’s GOFU, folks. This GOFU, as you know, is the Gun Owner Fuck Up. These are expensive lessons that clients have learned that you get to learn for free and not repeat them. And this week’s GOFU is about stolen guns. If you have a gun that you think is lost or stolen, I want to remind you that New Jersey requires you to report it within 36 hours. If it’s lost or stolen, the law states that you have 36 hours to report it, and if you don’t report it, then you can face serious problems. Including the use of your failure to report, and we’ve seen this, to take away your gun rights, to move to revoke your gun licenses, permits, and this is how they will use it. Even though you’re a victim of theft, they will still try to use that against you.

Evan Nappen 38:44
And keep in mind, you have an obligation to report it, but keep in mind that after you report it, there is a decent chance, we’ve seen it, that they will then use the fact that you reported a gun stolen or lost to still try to take away your rights. But at least you were conforming with the law when we have that fight. This is the game that’s out there, and it’s really a problem. Because they want guns reported stolen and you do need to report them stolen, you’re failure to do so can have bad ramifications. But even when
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you do report it stolen, prepare yourself that you may be facing licensing actions over that. If you end up where you have a gun that you think is missing or stolen and you want to know what you need to do, you need to call a gun attorney right away and discuss your specific fact circumstance so that it can be properly dealt with and you can prepare for any potential ramifications.

Evan Nappen 39:48
This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 2 39:58
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 TranscriptGun Lawyer S3 E268_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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