Gun Lawyer

Evan Nappen, Esq
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Storytelling, insight, and compelling perspective on Gun Law, Gun Rights, Gun Culture, and Gun Politics in America. Join America’s Gun Lawyer, Renown 2nd Amendment Attorney and Best Selling Author, Evan Nappen, as he pulls back the curtain and takes you behind the scenes for a rare, private inside look at the American Justice and Political System and the trials, tribulations, perils and pitfalls of the changing Gun and Knife Rights in America today. Evan’s passion, quick wit, candid opinions, and engaging personality have made this one of the most popular Gun and Knife Rights Legal podcasts in America.

  1. 1d ago

    Episode 292- Your Gun is in the Mail

    Episode 292- Your Gun is in the Mail Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 16 Gun Lawyer — Episode 292 Transcript SUMMARY KEYWORDS Gun Lawyer, Second Amendment, Marxism, useful idiots, US Postal Service, handgun shipping, NFA silencers, firearm regulations, logical fallacies, self-defense, gun scams, dog safety, firearm training, New Jersey gun law, gun rights. SPEAKERS Teddy Nappen, Speaker 2, Evan Nappen Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. So, Teddy Bear, what’s going on, man? Teddy Nappen 00:28 Well, I can’t believe you outed my middle name. Just kidding. It’s something where I don’t know this. Dad, do you remember growing up, and you saw, like, did you ever listen to Rage Against the Machine? Evan Nappen 00:42 Yeah, I actually will admit to that. Teddy Nappen 00:45 Yeah, do you remember that shirt where it literally has the picture of Che Guevara? Evan Nappen 00:50 Yeah. Well, I have one of those shirts, except my Che Guevara shirt has him wearing Mickey Mouse ears. So, I call him Mickey Che, and I thought Mickey Che was just hilarious. Teddy Nappen 01:02 Yeah, I think it’s funnier because of what if I was.. I just learned like more about who this individual was. Evan Nappen 01:11 Che Guevara? Page – 2 – of 16 Page – 3 – of 16 Teddy Nappen 01:14 I love how the Left tote him as their revolutionary hero. This guy put gays and Catholics in concentration camps. He tried to purify the Spanish race. And in details describing again, like trying to talk about black people, trying to remove them from society. He personally executed 100 people. Evan Nappen 01:38 He’s actually completely aligned with the progressive Left, if you really think about it. Teddy Nappen 01:43 True. Evan Nappen 01:44 I mean, the reality of what the Left does, you know. They are the kings of hypocrites. They are masters of double think. They have one goal and that is to destroy America. I mean, that’s their entire agenda. If you think about everything, they’re for, and every single item they are for harms our country in some way. Everything is harmful, and this is what they’re all about. Teddy Nappen 02:23 I think there is a good, I think the best way to think of it, and Crowder from Louder with Crowder gives the best line. They are Marxist because you see them take the most insane stances, like queers for Palestine. They’re for funding the war in Ukraine, but not for dealing with Iran. They take these crazy stances, which just looking at it, just from like it would make no sense, except from the eyes of a Marxist. Where in Marxism, in go right to the book, “The Communist Manifesto”, you have to define your enemy, oppressor and oppressee. No matter the individual, no matter the group, no matter the stance you take. You could be the most hateful group against gays, but if you are the oppressed, if you are the underdog, you are the good guy in their ideology. That is how screwed up it is, and they will take whatever political stance to achieve power for the sake of Marxism. Evan Nappen 03:18 Yeah, they are the useful idiots for the Marxists, for those that want to destroy America. They’re the useful idiots. And by the way, the only redeeming factor at all to their entire agenda of Marxism is that if they ever were to succeed, they’re the first ones that will get killed. They’re the ones that the Marxists will then kill when they don’t need them anymore, and that is exactly the playbook of the Marxist takeovers. Teddy Nappen 03:54 Cut to Iran with the students, which are all Islamo communists who took over. By the way, when the Iranian regime took over, guess who they executed first? The communists. Evan Nappen 04:05 Well, it’s the playbook every time. They’re just useful idiots until they’re no longer useful, and then they’re dead idiots. Page – 4 – of 16 Teddy Nappen 04:16 And then what is it, the old phrase. You can vote your way into communism, but you have to shoot your way out. Evan Nappen 04:21 That’s it. That’s it. So, luckily, we are exposing, you know, the truth is out there, and this political battle for the future of our country is clear and normal America gets it. I really believe they do. And the extremists on the Left, of course, are the worst when it comes to our Second Amendment rights. They’re not going to be in a general sense successful. Now they’re able to have pockets where you see their policies destroy cities, and you can watch the destruction of these cities taking place under their policies. But that’s just examples being set to the rest of America, what we never want to happen broadly in the country. Teddy Nappen 05:26 Yeah, and speaking of Marxism, as I always, again, we always have to check on the Left of what they’re currently whining and crying about. So, Evan Nappen 05:37 Yeah. Teddy Nappen 05:38 Our favorite, our favorite fans at The Trace. We check out their latest article. “People might soon be able to ship handguns through the mail.” (https://www.thetrace.org/2026/05/usps-handgun-mailing-ban-shipping-rule/) That was the article. Evan Nappen 05:38 Oh my G-d! Everyone clutch your pearls. Teddy Nappen 05:40 Oh my G-d. Jennifer Mascia writes this whole article where the U.S. Postal Service is set to lift a century-old ban, and experts warn of the consequences. I love the term “experts”. Evan Nappen 06:13 Experts warn the consequences. Right now you can ship via FedEx. You can ship UPS. Oh, but somehow if we allow shipping via the U.S. Postal Service, oh, well, now it’s a threat to our safety, our country, everything. You know, it’s just, the sky is falling because of that. Teddy Nappen 06:38 Yeah, and I love how they’re saying, the rule would allow handguns to be shipped through the mail, bypassing a longstanding law prohibiting such practice. Evan Nappen 06:51 Well, you know, I guess they’re not aware that currently you can buy NFA silencers by having them shipped to your door. Silencers are allowed to be sold in this manner, as long as it’s a dealer in the Page – 5 – of 16 state that is doing the shipping. Now, this is the model that is so interesting with Silencer Central, for example. You can buy a NFA silencer online at Silencer Central. (https://www.silencercentral.com/) You can do your NFA forms. They have a great interface where you do the interface. It interfaces you to e-forms, the federal government’s forms for NFA. There’s no tax on suppressors anymore because of the Big Beautiful Bill. Once you get the approval, then they ship from Silencer Central, which I believe is in South Dakota. I believe that is where their headquarters are. That is then sent to their local dealer network that they have already set up, and that’s who ships the suppressor direct to your door. Now, of course, if you live in the DPRNJ, you cannot buy a suppressor because the state law bans them. But in well over 40 some states that respect the Second Amendment, you’re able to do this. Evan Nappen 08:38 So, this model that they have, which is computerized and set up well, is the groundwork now being laid in the federal government for this to apply to guns. And by opening up the postal service to allow the shipping of handguns, it will allow yet another source for shipping of guns via the post office. And the ATF 34 new regs that they’re proposing is to have computerized the 4473 forms just like the NFA forms are computerized. So, you’ll have e-forms that you can do for that. I’m sure companies will set up an interface in the same way they have an interface set up to ease the process for suppressors. And then even if, for example, Silencer Central were to use their existing network, you could buy the gun of your choice online, and then it will be sent through their network. It will be shipped directly to your door. With the removal of the ban on shipping handguns in the post office, it could even come via the U.S. Post Office right to your door. Evan Nappen 09:54 So, we’re modernizing the business trade for firearms and making it so that we’re getting back to our pre ’68, pre 1968, ability to have mail order guns, and this is great. Especially for folks that have limited ability to get to a dealer. You know, not everybody lives close to an FFL, but everybody gets their mail delivered in some way. So, this will make the availability of firearms that much more easier for individuals to acquire guns. Of course, that’s what those that are the oppressors of our gun rights don’t want to do. They want everything they can come up with that can somehow be a burden on the exercise of our rights to exist. So, they fight everything and anything that in any way makes it easier. Teddy Nappen 11:04 This is even funnier because you could still ship your AR-15. Evan Nappen 11:10 Well, right, long arms are fine, even by the mail and by in-state dealers already. And, you know, although the law in 1927 about concealable weapons can’t be shipped, you know, concealable, they’d be mainly handguns, sawed off shotguns, etc. Concealable weapons. Long arms still could be, and it wasn’t until the ’68 Gun Control Act that the dealer network essentially got established and requirements for having to have the in-state dealer only for handgun transfers. So, you cannot buy a handgun except in a state where you’re a resident. You can buy a long arm in a state where you’re not a resident, as long as that dealer obeys the law of the home state and the resident state. So, as long as both jurisdictions’ laws are followed, long arm sales can occur right over the counter or at a gun show, etc. but not with handguns. This will dramatically change that for the better.

    44 min

  2. May 24

    Episode 291-Drop Your Socks and Grab Your Glocks

    Episode 291-Drop Your Socks and Grab Your Glocks Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 14 Gun Lawyer — Episode 291 Transcript SUMMARY KEYWORDS Gun rights, Second Amendment, gerrymandering, New Jersey, federal law, AK-47, AR-15, gun laws, Supreme Court, carry permit, gun dealers, political power, racial discrimination, gun ownership, legal battles. SPEAKERS Speaker 1, Teddy Nappen, Speaker 3, Evan Nappen Speaker 1 00:11 Lawyer, Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:22 And welcome to Gun Lawyer. So, Teddy, what’s on your mind today? Teddy Nappen 00:27 Well, I never realized the guy that wrote the Zombie Survival Guide, Max Brooks, was related to Mel Brooks. I thought it was a common name. Evan Nappen 00:38 What? How is he related to Mel Brooks? Teddy Nappen 00:40 It’s his son, so. Evan Nappen 00:42 Oh, my G-d! Is he gonna make a movie, you know, Young Zombie or something? Teddy Nappen 00:44 Yeah, no, Young Zombie. Evan Nappen 00:46 Or a zombie movie with lots of farts? Page – 2 – of 14 Teddy Nappen 00:52 No. Evan Nappen 00:53 Blazing Zombies, Blazing Zombies. Teddy Nappen 00:55 Yeah! Blazing Zombies, that’s it, kind of like what was it, Abraham Lincoln and the Vampire Abraham Lincoln. Evan Nappen 01:02 Right. I think Blazing Zombies would probably be very popular. Teddy Nappen 01:06 Yeah, I know, right. Let’s see them try to reboot Blazing Saddles. Good luck with that. Evan Nappen 01:12 Well, they could do Blazing. Yeah, but if they did Blazing Zombies, they would never be able to say certain words that they used in Blazing Saddles. Teddy Nappen 01:23 Yeah, like calling the zombies a bunch of leg draggers. Evan Nappen 01:26 Ha, ha, ha, ha. Actually, we’re kind of dealing with a zombie apocalypse with the Democrat party lately. I think they are a bunch of, you know. They don’t have brains. They just try to eat brains. Teddy Nappen 01:48 Yeah. And unfortunately, they keep coming up with new ideas to screw us out of our rights. Evan Nappen 01:55 Right! That’s it. That’s what they do. They send the horde out to eat our rights. They do the horde, and they just try to get everybody on board to sacrifice for their pure unadulterated political power. Like trying to get college athletes to boycott their entire athletic career, over, for example, they’re flipping out over the ending of racial gerrymandering. I mean, it’s kind of unbelievable when you watch them talk about this being, you know, Jim Crow II, when all that is being done is ending racial discrimination, with setting up voting districts. Somehow ending racial discrimination is Jim Crow. Only a Democrat with zombie brains could ever make that argument with a straight face. Teddy Nappen 02:59 Well, it’s also very funny because, if you cut to all of New England, where the breakdown is roughly like 40 to 50% Republican, and there’s no representation for that. And so, they, and it’s all the states are heavily, heavily gerrymandered, like zero representation for Republicans, but oh, that’s fine. It’s only Page – 3 – of 14 when the Republicans say, you know what? You’ve established the rules of engagement, and we will oblige. That’s just how the game is played. Evan Nappen 03:29 Now, you would think that the Democrats would have expert knowledge on Jim Crow, because they’re the ones that started it. The original Jim Crow laws were done by Democrats after the Civil War. And, of course, who opposed the Civil Rights Act? The Democrats. They were the originals. And then for them to get up now and claim how much they want to oppose what they are perceiving as Jim Crow laws are kind of rich. And, of course, it isn’t. It is the actual elimination of the racial discrimination that is in place by way of their gerrymandering, and this is very important to our gun rights, Teddy. Very important to our gun rights. As voting is turned around, so that it actually reflects the voters, as opposed to these bizarre jurisdictions engineered for Democrats just to maintain power, we will see more and more advances in the fight for our gun rights. It is the other side there that constantly is trying to take away our Second Amendment rights. Teddy Nappen 04:52 What always makes me laugh, though, is they always try to say the party switched. They always make that argument. By the way, it’s a completely disproven argument. Like, okay, what time period? Was it under Senator (Robert) Byrd, who was a, what was it? The Grand Wizard? Evan Nappen 05:07 The Grand Wizard of the KKK. Teddy Nappen 05:10 Which, by the way, he was a mentor to Joe Biden throughout his political career. But no one talks about that. Or when Joe Biden, what did Joe Biden say on the stage? Evan Nappen 05:21 Oh, don’t even. Teddy Nappen 05:21 Yeah, exactly, yeah, yeah. Evan Nappen 05:25 party, Evan Nappen 05:25 The party hasn’t switched. They’re just trying to build a bigger fence with a plantation. They are the ones trying to run a plantation, and that’s what gerrymandering, prior to this Calais Supreme Court case, that’s what it was really about. How does the Democrat maintain their plantations of voter districts, to maintain their power? Page – 4 – of 14 Teddy Nappen 05:50 Yeah, exactly. They put up the creation that Johnson, what was it? We’re going to get these guys voting Democrat for the rest of their lives. They created the giant welfare state. Evan Nappen 06:01 Yeah. And by the way, he didn’t even call them “these guys”. Teddy Nappen 06:05 I know I was trying to, I was paraphrasing. Evan Nappen 06:11 Describing them. Yeah, just their hypocrisy definitely knows no bounds, and this time period now is somewhat encouraging, because a lot of everything that they’ve built on, including taking our gun rights, it’s collapsing all around them. It’s very encouraging to see that. You just saw the primaries go here. Trump with what 34 zero or whatever on his picks, and that helps get us further with the expansion of our Second Amendment rights. This is all a part. Because part of MAGA is the rebirth of the power of the Second Amendment, that is a part of MAGA, guys. You’ve got to know that, and you can see it. We are now in a completely different world than in the Biden era. I mean, Biden was essentially engaging in a clamp down, a clamp down on our rights in every way that he could abuse federal power to do so. And we’re seeing incredible changes in the other direction now. Teddy Nappen 07:29 I’ll give you the highlight of that. We dealt with this, where it was weaponization. They were going after dealers for the most minuscule things with a zero tolerance. And now that’s been eliminated, and it has been helping. Of course, New Jersey picks up the mantle from their new AG. Now they’re going after FFL dealers and demanding records detailing the sales of Glocks, which I could have sworn they already knew about the sales, because every time you purchase. Evan Nappen 08:01 Yeah, this is what is such crap about these subpoenas to all the dealers to turn over their records of the last decade for every Glock sold. New Jersey has a pistol purchase permit system, which is a form of register. So, the State Police already have the computerized registered database of every purchase of a Glock since the computerization of the pistol permit system, which completely covers the decade that they’re requesting. In other words, the only reason for this subpoena is essentially, in my opinion, to harass dealers because the information itself is already at their fingertips. Now, the bigger legal question is, is that something legally they’re allowed to access because New Jersey has Administrative Code provisions that mandate confidentiality on all gun records of purchase acquisition. All that kind of stuff is protected by that confidentiality. So, maybe they themselves thought that trying to just get dealer records, maybe could do an end run over their own Administrative Code, preventing the release of this information. Although there is a provision in the Code that says for law enforcement purposes it can be accessed. But this is a lawsuit, not law enforcement purposes. So, it really is interesting the approach they’re taking. If they’re righteous in the law, in being able to access this data, then they can access it through the database in the appropriate legal manner, if they are qualified. And if not, why are they subpoenaing dealers to turn over information that is already in the possession of the State of New Page – 5 – of 14 Jersey? And these application forms, et cetera, are protected by way of their own Administrative Code provisions, setting out confidentiality. Teddy Nappen 10:20 So, Teddy Nappen 10:21 Yeah, I will say what’s really messed up is I love the AG’s response. So, this was actually from 2A News Team. They asked these questions and the AG responded. Oh no, no. These requests are not seeking information about individual purchasers or any person’s identifying information about their purchases. However, the subpoena says that exact wording. Evan Nappen 10:50 Right. Teddy Nappen 10:51 Documents show sufficient sale or transfer of Glock handguns from you to New Jersey customers. Literally, it’s the first line in the subpoena. Evan Nappen 11:03 Right. And the thing about Glocks. Look, if you own a Glock, you know you better hold on to it. This is the new tactic of the anti-Second Amendment rights movement. To try to ban and restrict Glocks because of a claim that they can be relatively easily converted to fully automatic using what’s called a Glock switch. But mere possession of a Glock switch under federal law is considered a machine gun in and of itself, an

    44 min

  3. May 17

    Episode 290- Warning: Use AI & Lose Your Guns

    Episode 290- Warning: Use AI & Lose Your Guns  Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 16 Gun Lawyer — Episode 290 Transcript SUMMARY KEYWORDS AI threat, gun rights, Chat GPT, police intervention, involuntary commitment, extreme risk protection order, privacy concerns, legal implications, AI misuse, mental health, medication monitoring, court hearing, AI development, Second Amendment, New Jersey gun laws. SPEAKERS Teddy Nappen, Evan Nappen, Mike, Speaker 2 Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. We have a very important show for you. This is a critical issue that you probably have never heard about before or even considered as an issue. Yet in this modern age of AI, it has emerged as a threat to gun owners and our Second Amendment rights. Today we have an actual victim of AI and gun rights, and I want this show to be a warning to every gun owner to beware. When you talk to AI, you’re basically talking to the Government. You are talking publicly, and it is a thing that is monitored, that is admitted to being monitored. This is something that can cause immense problems for any gun owner. Today, we have on the show Mike, and Mike is an actual victim of AI. Welcome to the show, Mike. Teddy Nappen 01:36 Hey, Mike. Evan Nappen 01:36 Do you? Hi there. Mike 01:38 It’s great to be here. Thank you. Evan Nappen 01:40 So, Mike, tell me, and tell our listeners, what occurred when you ended up, you were using an AI program, right? What program were you using? Mike 01:55 Yeah, I was doing ChatGPT. Page – 2 – of 16 Evan Nappen 01:59 And what were you doing at the time, speaking with ChatGPT? Mike 02:06 Well, it’s a pretty long story, but to summarize it. My wife and I were having marital issues. So, she left. She said, ‘I’m leaving”, and she left the house. So, I decided I would just vent, because I was very upset. So, I got on ChatGPT, and I started talking to ChatGPT. Evan Nappen 02:30 And ChatGPT is easy to talk to. It’s like a person. You’re essentially venting like you would to a friend, right? Mike 02:39 That’s correct. And so, I was assuming it was private, right? I didn’t think anybody was listening, and so I was telling ChatGPT some very private things, like, you know, I am not.. I don’t have a plan for suicide, but I am very distressed. I don’t want it to get to the point where I’m thinking about suicide and making a plan for suicide. So, I assumed that that was private. But within 15 minutes, 20 minutes or so, there was a severe pounding at the door. I went over to the door, opened the door, and it was the Police. This is Ocean County, New Jersey. And they started asking me questions. They did not have a counselor with them, which they normally would bring to a situation like this. There was no mediator. It was just police, basically. They walked in, and at the time I was in the middle of taking my normal medication. I distribute my medication across different vials, so that I know I’m on track, either taking too much or not taking enough. But the police decided to grab the vial away from me. They sort of took the vial away from me. They started to count the medication, and I said, “Yeah…. Evan Nappen 04:08 And this is prescription medication for you, right? Mike 04:11 That’s correct. I said, “You can’t count that vial. I distribute the medication across multiple vials. You’ll have to go back to the safe and get the other medication. They never bothered to do that. Evan Nappen 04:25 Did they tell you why they were at your door? Mike 04:29 They never did. They never told me. I asked them why they were here, and they said that somebody called 911. I said that I never called 911. Evan Nappen 04:42 Do you know any living person that called 911? Page – 3 – of 16 Page – 4 – of 16 Mike 04:47 No. Nobody called. I was the only one who knew what was going on. Evan Nappen 04:52 Because you were in your home, and it was just you there talking to ChatGPT, right? Mike 04:57 That’s it. Bottom line. So, they were very aggressive. They miscounted the pills. When I went to the hospital, they took me to Kimball Medical Center in Lakewood, New Jersey. There were about five people, six people standing around me, including police and nurses, and they said, “You have to pee in this cup.” I said, I can’t pee with a bunch of people watching me. They said, well, we’ll have to sedate you, and then we’ll have to do a straight cat. So, the sedation didn’t work. They did a straight cat with an untrained nurse. I was screaming my head off, and it caused me to bleed for like two, three hours. I had to keep changing the paper pants. It was a horrible experience. It was really terrible. Mike 05:52 They basically just watched me for three or four hours. Of course, the urine test and the drug work was all negative. Everything came back negative for overdose and use of illegal drugs, use of sleeping pills, whatever. Everything was negative. The only thing that was positive was my normal medication, and it was at normal levels. So, then they decided to commit me involuntarily, which I questioned. I talked to the psychiatrist. I said, why are you committing me involuntarily? Well, just because of some of the things that you said. I said, well, what did I say? And he said, well, I don’t exactly know, but it was reported that you said that you were going to commit suicide, he told me. I said, no. I was talking to ChatGPT, I was venting. Teddy Nappen 06:44 Wow. Mike 06:45 But they committed me involuntarily anyway. So, I went to the involuntary, I went to the behavioral health hospital. They weren’t treating me for anything. They were just letting me float around with everyone else, and there were a lot of people in there that needed a lot of help, serious psychiatric help. I felt bad for these people. There was one woman who was crawling on the floor, saying, ‘I’m not a child molester, just screaming it out. There was another guy who was in there for attempting to kill his brother. So, I was in with a bunch of people, and I didn’t belong there. I finally met up with a district manager that I figured that out, because she saw me writing letters to the management. I took some pieces of paper that I found, and I started handwriting letters saying you’re not treating me. You have to define what my treatment plan is, and what the goals of the treatment plans are. Otherwise, you need to release me by law. Well, that got their attention, because I took the time to hand write two letters. I sent it to the management and to the legal team. So, within a day I was told that I was going to be released. So, the whole thing was a big charade. In the meantime, this police officer goes before a judge and gets a TERPO, and he puts on the TERPO. Page – 5 – of 16 Page – 6 – of 16 Evan Nappen 08:09 A TERPO is a Temporary Extreme Risk Protection Order. Mike 08:13 Correct. Evan Nappen 08:13 And in getting that, they serve this on you when? When were you served the TERPO? When you got home from the hospital? Mike 08:23 Yeah, before I left the behavioral health hospital. I said, did you guys check the blood work and urine analysis? And they never did. So, bottom line is that they put down on the TERPO that I overdosed on prescription pain medicine, and I was abusing my pain medicine because they miscounted the medicine at my house. Evan Nappen 08:48 And that was absolutely not true. Mike 08:50 Absolutely not true, completely false. So, when we got to the FERPO, I defended myself. Evan Nappen 08:57 Okay. So, the FERPO is the Final Extreme Risk Protection Order. There’s a hearing that’s held where the judge has to decide whether the TERPO, which is issued ex parte, where you never had any say, the cops just made whatever statements they made, the judge issues this TERPO with no due process for you. And you’re served with the TERPO and your guns get taken. Then you finally get your day in court, where you’re going to be able to explain yourself. You go there without an attorney, and you have this hearing. What happens at this hearing on whether or not to issue this FERPO. Mike 09:45 Yeah. So, the hearing was on April 8, 2026 in the Superior Court of Ocean County, New Jersey. The prosecutor put the police officer on the stand. I asked him a bunch of questions. Did you do a background check on me? Did you find anything negative? Blah blah blah. The answer was no to everything. So, then I had a chance to cross-examine him, and I said, at the time that you went before the judge to get the TERPO, did you understand at that time, and did you present to the judge that the blood work and the urine analysis all came back negative for overdose? Normal use of my prescription medicine. He said, no. I did not do that. I did not present it. Then I said, can you name a specific person at the behavioral health hospital or the regular hospital that had made a diagnosis of suicide on my part? He said, “No, I can’t name anybody.” So, in other words, they said everything that you wrote on the TERPO, justification for the TERPO, was kind of like hearsay, basically. He said, yeah, I guess so. It’s unbelievable. I couldn’t believe it. I don’t have any legal experience, you know. I’m an engineer, and I do the best I can based on the facts. And here I am doing a cross examination of this guy, and you could see that they never did their homework. Page – 7 – of 16 Teddy Nappen 11:23 I’m more shocked that the guy just answered blatantly. That he would just say, “Yeah, I guess so. It makes sense. Evan Nappen 11:35 So, you were cross-examining the officer at the hearing. You questioned him, an

    38 min

  4. May 10

    Episode 289-Remember Bryan Malinowski

    Episode 289-Remember Bryan Malinowski Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 14 Gun Lawyer — Episode 289 Transcript SUMMARY KEYWORDS ATF raid, Brian Malinowski, unlicensed dealer, Arkansas lawmakers, DOJ investigation, no-knock warrant, self-defense, gun laws, Biden administration, Waco incident, Ruby Ridge, gun deserts, consumer protection, defensive property, gun rights. SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 and I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. Teddy Nappen 00:24 So. Evan Nappen 00:25 Teddy, what’s up, man? Teddy Nappen 00:28 Well, just flipping through Ammoland from John Crump, by John Crump. I never even heard of this story. Like, I’m going to be very honest. I did not know this happened under the, by the ATF. Arkansas lawmakers are demanding the DOJ investigate the ATF raid on Brian Malinowski. (https://www.ammoland.com/2026/05/arkansas-lawmakers-doj-investigation-atf-raid-bryan-malinowski/) Evan Nappen 00:54 Are you talking about Malinowski? Teddy Nappen 00:56 Yeah, Malinowski. When reading the article, I was shocked, because I remember from all the criminal procedures of like, what you would do. And I’m like, this is the, I was getting flashbacks to watching the Waco documentary, from reading, like. Page – 2 – of 14 Evan Nappen 01:14 Teddy, let me explain. Yeah, I’m familiar with the Malinowski case. So, Malinowski was a total law-abiding guy. No priors, no issues, a law -abiding guy. He lived in, I believe, it was Alabama, and he was gun collector. He’d go to gun shows, and he would trade for guns. Sell private sale guns, etc., okay? A collector. And what happened was, as you may recall, the Biden bull garbage that we were dealing with. Trying to turn people into dealers who weren’t dealers. Well, ATF apparently believed that Mr. Malinowski was being an unlicensed gun dealer. Now, here’s the thing. He is a professional, first of all. As I recall, his background was in air traffic, you know, with the airline. Air Traffic Control, I think it was. Teddy Nappen 02:37 He was the, he looked like he was the head of the Clinton National Airport of Little Rock. Evan Nappen 02:43 Yeah. Here is a guy who’s a professional, head of an airport, that has his hobby of firearms, as many of us do. And Alabama is a private sale legal state. Teddy Nappen 02:56 I think it was Arkansas. Evan Nappen 02:59 Arkansas? Oh, yeah, yes, Arkansas, Arkansas. Teddy Nappen 03:02 Or the proper term, ArKansas. Evan Nappen 03:04 Well, it was legal for. Right! It was Arkansas, and it was legal to do. And what happened was just outrageous. They claimed he was in the business of selling firearms without an FFL. So, that’s the charge. You know whether they could prove it or not prove it or whatever, that’s what their claim was. And what happened was, ATF and Little Rock Police got a search warrant, and they came to his home at 6 am to look for evidence of wrongdoing. ATF breached the door with a battering ram. And I think, according to his wife, Malinowsky believed that these were intruders breaking into his home at 6 am, and he fired at the agents, not realizing, of course, what the hell’s going on. He hit one in the foot, and law officers there returned fire. Shooting Malinowski in the head and killing him dead. Evan Nappen 04:27 So, here’s what the lawmakers, they sent a letter to DOJ about this, and the letter reads, listen to this. “Awakened by the sound of the breach, Mr. Malinowski retrieved a handgun and encountered an armed silhouette entering his home. He fired toward the intruder’s feet. An ATF agent immediately returned fire, striking Mr. Malinowski in the forehead and killing him. Mrs. Malinowski was standing only inches behind him.” Now, this is activity by ATF, where they are going after, you know, what is essentially paperwork crime, if it even qualifies as crime. They busted down his door at 6 am. How come this was done as a no knock for this guy? Who knows? Crazy. He ends up getting killed. And yet here, Teddy, you didn’t even hear about it. Yet, we take cases with, and hear about cases with, with ICE, right? Page – 3 – of 14 Teddy Nappen 05:46 Pretti and Good. (Alex) Pretti and (Renee) Good. Evan Nappen 05:47 Yeah, Pretti and Good. Where, you know, with Renee Good, she was, you know, trying to run down, allegedly, this officer. She went there to protest. She was there knowing there was going to be agitation, knowing there’s going to be trouble going there. Same with Pretti, same with Pretti. Teddy Nappen 06:10 Who actually was fighting with the police. Evan Nappen 06:12 Fighting with them and going there. Evan Nappen 06:14 That’s not what happened here. We have a guy in his home! A law-abiding guy in his home, who at best, has paperwork violations. A licensing violation at best. Not even that that is necessarily legitimate, and he ends up shot in the head over the actions taken by ATF. And you don’t hear a peep about it in the lame stream media. Teddy Nappen 06:42 The other part that really, there’s two pieces that stick out. Three pieces, actually, stick out to me. Number one, the knock and announce. So, I remember, in criminal procedure, we talked about this. It is very important on the knock and announce for the officers. They waited 23 seconds. They knocked, waited 23 seconds, and then break the door down. They also had enough time to tape the camera, the doorbell camera. And no body cams, because apparently, their excuse was low funding. Not enough funding for body cams even though they are supposed to have. Evan Nappen 07:19 They had enough money to buy tape. Teddy Nappen 07:21 Yeah, they had enough money to buy tape. Yeah, they had enough. Evan Nappen 07:24 To cover the doorbell lock camera, cover the door. Look, if they’re there as law enforcement, don’t you want it known to this guy, who has no priors, who’s not a problem? Don’t you want it known that it’s law enforcement there? You want to make it crystal clear! Hey, Government, law enforcement here. Boom! You want to be seen on the Ring that you are law enforcement and not 6 am house hot invaders. Teddy Nappen 08:01 The other factor is there is clear. There have been other encounters with the ATF with this exact same scenario. You know what they did? They knocked on the door and said, Hi, we’re with the ATF. It’s the Page – 4 – of 14 Ring doorbell camera there. That situation. They’ll you say, No, I’m, you know, I’m not talking to you, or we’re here to arrest you. Okay, we’re, that’s it. They had so many other encounters where this could have been. But instead, they decided to go full Waco SWAT team and assassinate this man. Evan Nappen 08:30 It’s insane. It’s insane. And, you know, their history of activities. I mean, we know, you know, Waco was just horrible. They had a guy inside of the facility that could have easily made that encounter completely non- violent. Instead, way back in those days, you know, with Clinton and company, they did it to try to make an example out of this guy’s church, etc. And of course, it was all to “save the children”, to save the children, which all end up dying because of what they did. Teddy Nappen 09:13 And then tried to cover it up. Evan Nappen 09:13 With the fire, and then tried to cover it up. Oh, they bulldozed the scene as quick as they could afterwards. Teddy Nappen 09:20 Yeah. Evan Nappen 09:21 You know, because the stuff they used lit the place on fire. Teddy Nappen 09:28 My favorite was, if you do, you remember the hearings? Where you know how the you could clearly see the Dems trying to justify the ATF murdering people? Evan Nappen 09:36 Right! Teddy Nappen 09:37 Republicans fighting, and I love the one. Evan Nappen 09:39 Don’t forget Ruby Ridge as well. Teddy Nappen 09:41 Yep. Evan Nappen 09:42 I mean, over a shotgun barrel, that was where they entrapped the guy, literally entrapped the guy. They ended up paying like $3 million in civil damages for their actions there at Ruby Ridge. Okay? So this kind of rogue insanity, oh, it’s fine, as long as it’s on gun owners, you know. Page – 5 – of 14 Teddy Nappen 10:08 But this is the key. What really bothers me the most, Dad. The biggest question they’re asking from the lawmakers, the political motivation. The question remains, is whether the timing and aggressiveness of the operation were influenced by the impending rollout, by the ATF’s final ruling of the “engaged in the business of selling firearms”. So, imagine if, right now, and I always have to tell this to all those out there who are trying to say, you know, Republicans and Democrats are the exact same thing. Or should have just voted for Kamala Harris. Imagine Kamala Harris now with their current ATF, and they enforce that law, where you and I are going to be assassinated in the night by armed guards bursting in accusing people of being unlicensed. It’s disgusting! Evan Nappen 10:58 The armed agent nonsense of doing this. Luckily, you know, President Trump and his administration are taking steps now to remove, in the 39 rule proposals, remove that absurd “doing business” expansion that Biden did. So, basically, if you sell a gun, you’re considered a dealer under the old Biden. Ending the so-called, where even going after dealers themselves by saying, one error, one error, and you can lose your FFL completely. I mean, these activities are just outrageous. What takes place there barely gets any attention. But if you’re out there causing problems regarding other wrongdoers, that being illegal aliens, that are themselves having broken the law, and here they’re trying to protect other lawbreakers. And

    44 min

  5. May 3

    Episode 288-Elections Have Consequences-Sometimes Good Ones

    Episode 288-Elections Have Consequences-Sometimes Good Ones  Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 18 Gun Lawyer Transcript – Episode 288 SUMMARY KEYWORDS Gun laws, ATF, DOJ, President Trump, Second Amendment, interstate firearm transport, FOPA, administrative code, private sales, bump stocks, youth handgun safety, NFA items, Miranda rights, Fish and Game, hunting violations. SPEAKERS Teddy Nappen, Evan Nappen, Speaker 2, Louis Nappen Evan Nappen 00:18 I’m Evan Nappen. Teddy Nappen 00:20 And I’m Teddy Nappen. Evan Nappen 00:22 And also with us today is Louis Nappen. So, we have a very special show, and it’s going to be very interesting in terms of things that you need to know to protect yourself. And some very, very exciting news here out of the ATF, the DOJ, and of course, this is due to President Trump. President Trump, as you may recall, ordered a full review of gun laws. Things that could be done to improve and change the laws, and this includes what are known as final rules and proposed rules. The rules are the Administrative Code. Evan Nappen 01:10 Under federal law, you have statutes that are passed by Congress and signed into law, and then you have what is the federal code. The code is done by administration. Those are the various agencies that propose rules that can and do, in fact, have the force of law, and they are used to interpret the law. These agency rules are very important in how courts and prosecutors will be guided, and the rules are extremely, can be extremely, helpful for individuals that face legal issues in being able to defend themselves. Now, of course, the Biden administration abused these, this rulemaking authority to create anti-Second Amendment gun rights oppression. Rules that he couldn’t get passed legislatively. Well, President Trump, through the DOJ and ATF, has put an amazing package together of 34 new and proposed rules, and I want to talk about a number of them and highlight ones that are particularly important. Evan Nappen 02:43 So, President Trump, remember, signed that Executive Order. It was EO 14206, protecting Second Amendment rights. (https://www.federalregister.gov/documents/2025/02/12/2025-02636/protecting-second-amendment-rights) Now, this review went on for a year, and now we see the fruits of this very Page – 2 – of 18 intensive review. One of the key things that is going to be of major effect to just uncountable numbers of gun owners is the easing of interstate firearm transport. There will be no more “gun free zone” nightmares. That is something he set out to do. I’ve looked at many, many sources, and many different articles, primary sources, and I just want to say that I found a great, great article here called “DOJ and ATF Release Landmark 34-Rule Package Bolstering 2A Rights” by GunStuff TV Reporter. (https://gunstuff.tv/doj-and-atf-release-landmark-34-rule-package-bolstering-2a-rights-easier-interstate-transport-ffl-sales-and-nfa-processes/) Evan Nappen 03:48 I found that this article did an excellent job. I just want to point out that, as this article states, the actual rule itself hasn’t been published, but information has gotten out. Get a load of what the new FOPA (Firearm Owners Protection Act), the new firearm interstate transport protections that are going to come. It’s going to absolutely make it explicit that FOPA, meaning the Firearm Owners Protection Act, protections for unloaded, locked firearms in vehicles, even with states with draconian assault weapon bans. Hint, hint. Like New Jersey, the DPRNJ, Democratic People’s Republic of New Jersey and other states. A new safe passage presumption for hunters, sport shooters, and travelers with valid permits from their home state. So, this is now laying groundwork here for administrative recognition of carry permits. A continuing step forward, honestly, for gaining full national reciprocity. This is a great step in that direction. Evan Nappen 05:10 Also, streamlining documentation requirements. No more notary-stamped affidavits just to prove you’re not a criminal. Again, with recognition of these documents laying more groundwork for national reciprocity. Enforcing, expanding and clarifying the FOPA for interstate transport. Let me tell you, folks. It’s something that we deal with all the time in the practice. We have folks coming through New Jersey who are getting arrested, getting charged, and we have to fight and assert Title 18-926a. With these Administrative Code changes, just on that alone, it’ll be of tremendous help. There are many other things in this bill. Let me give you some highlights. Not bill, in this Administrative Code. Here are some great highlights. They were going to remove the pistol stabilizing brace, full rescission of that so-called factoring criteria rule, where they turned millions of brace pistols into unregistered SBRs. Even though courts have already put injunctions on it, this rule will make it crystal clear as a Federal Code regulation. Teddy Nappen 06:28 Now the ATF won’t be trying to break down your door for them. Evan Nappen 06:31 Right! And then the “engaged in business” definition, this was a really evil thing that Biden and company did, where they expanded what “engaged in business” meant. So that if you just happen to sell a gun in a lawful private sale, they would claim that you are a dealer. They were trying to just destroy any private sales. Now, of course, in New Jersey, private sales are prohibited by state law, but in real America, they are not. This federal attempt to turn every private seller into a dealer is being removed and taken away so that the statutory standard returns to the standard from the Bipartisan Safer Communities Act deal. There’s also going to be, in machine guns, removal of bump stock Page – 3 – of 18 language to comply with Cargill, the Supreme Court case of Garland v. Cargill. They’re going to remove that language, get rid of it. So that it’s crystal clear about bump stocks, but New Jersey has their state ban. But still again, it’s great news. Evan Nappen 07:49 Federally, they’re ending the ridiculous Youth Handgun Safety Act notices. You don’t have to, you won’t have to have those signs everywhere and giving out pamphlets. That’s always the first thing everybody throws away, right? Just think of how many trees are going to saved by getting rid of that. So, that’s part of it. They’re modernizing paperwork, folks. It’s really amazing. They’re going to do a comprehensive overhaul of the 4473. That’s the paper that you sign federally. And they’re going to make it so that when you have a NICS check, it’s valid for even a longer period of time. They’re going to incorporate electronic forms in the way you can do NFA now electronically, and that’ll be way faster auto population. You’ll be able to go online, auto populate, have it filed, even before you go to a dealer. Evan Nappen 08:49 And even more interesting is that this is going to lay the groundwork for mail-order guns. That’s right, folks. Mail-order guns. How can that be? Well, I’ll tell you. Right now, you can, if you didn’t live in the DPRNJ, of course, you can buy a silencer, and it can be shipped directly to your door. Even when you buy, for example, from Silencer Central (https://www.silencercentral.com/), they have it all set. They have a network of dealers through the states where suppressors are legal. The paperwork is processed electronically, and the silencer gets delivered direct to your door through this network. With the changes happening here, you’ll be able to go online, find a gun that you like from who knows, one of the major distributors or companies that will be out there, online order what you want, and do your 4473 through an auto-fill interface. Making it even easier. The same way they do it now for suppressors. And that firearm will then be shipped to your door. You don’t even have to leave your home. So, that’s where this is going. Evan Nappen 10:08 It’ll expand it and make it so it takes another good slice out of interstate handgun prohibition. You’ll be able to purchase on a countrywide basis, even though there’s a local dealer network that gets incorporated. It will follow, I’m sure, the silencer model that you see operating right now. Allowing for electronic record keeping, getting rid of the infinite record retention. Remember now, they tried to make it so that every 4473, all the records, the A and D have to be kept forever. Nope. That’s going to be limited either to 20 or 30 years instead, and then they get destroyed. Setting up Easy Check, even better for FFLs, and easing same state sales so that you can get over this non over the counter sales issue that requires, again, physical presence, going to the store. All that. This system is going to revolutionize and modernize our ability on purchase of firearms. Evan Nappen 11:25 Of course, the interstate transport is major. Then, if you’re doing anything with NFA, because maybe you have dual residency or you live in a free state, as opposed to, let’s say New Jersey, and you have NFA items, well, some very interesting things here on the NFA side for the National Firearms Act. Right now, the way the law was, if you want to transport, let’s say, your full auto interstate from one gun legal state to another, you have to get permission in advance. They’re getting rid of that. As long as you’re Page – 4 – of 18 not going for more than a year, you won’t have to get advance approval for moving your NFA items. When you register to buy items through NFA, they’re going to allow joint spousal registration. So, you can just jointly own, let’s say a suppressor or full auto, or whatever you’re doing without the need to ha

    49 min

  6. Apr 26

    Episode 287- It’s Time to Red Flag, Red Flag

    Episode 287- It’s Time to Red Flag, Red Flag Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Gun Lawyer Transcript – Episode 287 SUMMARY KEYWORDS Gun rights, Virginia gerrymandering, red flag laws, due process, gun confiscation, Mel Brooks, Spaceballs, New Jersey gun laws, universal background checks, defensive weapons, Second Amendment, Trump re-annexation, social media, gun owner faux pas, civil liberties. SPEAKERS Teddy Nappen, Speaker 3, Evan Nappen Evan Nappen  00:15 I’m Evan Nappen. Teddy Nappen  00:17 and I’m Teddy Nappen. Evan Nappen  00:18 And welcome to Gun Lawyer. So, Teddy, we were talking today, and you had some interesting things to discuss. What did you have? What did you have in mind, buddy? Teddy Nappen  00:31 Well, aside from watching the new “Space Balls” trailer, which, you know, I’m looking forward to it. But it’s never going to be, better. Evan Nappen  00:40 I love Mel Brooks. Teddy Nappen  00:42 That’s the other thing, too. I will give them credit in the trailer, because then he said we unfortunately had to change the name of the trailer. It’s not “Space Balls 2: The Search for Money” because he found money. It was literally just a bag of money that said “Space Balls”. Evan Nappen  00:59 Well, and Mel Brooks is in his 90s, man. But he’s still. Teddy Nappen  01:03 Correct. Oh, wait, I think he, I think he is like 99 like, something crazy. Evan Nappen  01:07 He’s close. I guess that’s what happened when you were married to Bancroft. I guess. You live long. Teddy Nappen  01:15 Oh, yeah, she was Mrs. Robinson? Evan Nappen  01:17 Yeah. Teddy Nappen  01:17 I guess that’s how it kept them alive. Aside from scrolling through. Evan Nappen  01:24 Well, actually, he’s trying to be the world’s oldest man. Wasn’t that his? The other thing that used to do? Teddy Nappen  01:29 Well, that was the, that was the 10,000 year old man. Evan Nappen  01:32 Right. I guess he’s trying to actually be it. I don’t know. Teddy Nappen  01:35 Yeah, and I like to stand up where it was. I think he was like, 10,000 year old man. He’s like, 0h, did you try polygamy? He’s like, yeah. And what do you, what do you think about it? Well, to be honest, I always get out voted. That’s a horrible idea. Horrible. Evan Nappen  01:58 Right! Teddy Nappen  01:58 But anyways, I saw you. You’ve been seeing what’s going on Virginia, aside from the stupid gerrymandering that they’re doing. Evan Nappen  02:07 Well, this is bad for gun rights, because Teddy Nappen  02:09 Their gun rights is the worst. Evan Nappen  02:10 Because if they take the House by gerrymandering Virginia to flip the House to the party of evil, you know, the Democrats there, we’re gonna have our hands full again. Teddy Nappen  02:25 Yeah, other than the record gun sales now, because people were paranoid thinking that Virginia was going to start going door to door to take their guns, just because of how poorly the bills were written. To the point where the Virginia State Police comes out and, you know, the Superintendent Jeffrey Katz, Spanberger’s pick to lead the State Police goes on and says, there is no legislative proposal seeking to do this. (https://wset.com/news/local/not-now-not-ever-virginia-state-police-dispel-rumor-of-law-leading-to-gun-confiscation-firarm-control-abigail-spanberger-gun-control-bill-april-2026) There will be no. The Virginia State Police work every day to enhance public safety and protect civil liberties. Those liberties not granted by Government and will not be impeded by Government. Cut to all the laws that they just passed. (https://crimeresearch.org/2026/04/virginias-long-list-of-new-gun-control-laws/) Not now, not ever. Activity of this nature, by its very nature, is un-American. Huh? Let’s and then cutting to all the bills of Universal Background Check, Safe Home Storage, the Assault Weapon ban, Red Flag, Ghost Gun ban. You know, everything else that is impeding our rights. Evan Nappen  03:32 Right! Well, the thing is, they have, there’s a history of going door to door in the history of gun control itself, which is what we’ve always talked about with the four key words. Beginning with Legislation and then leads to Registration, and then that leads to Confiscation, which leads to Extermination. And every major Holocaust has been preceded by those four words. And Virginia, you know, would get on the pathway of confiscation and them saying, oh, you know, we won’t go door to door. But of course, they will go door to door, and they’re liars. I mean, if you want to see their lies, just look at their Governor, who is the epitome of lying. I mean, that’s what she did to get into office. Teddy Nappen  04:25 She called herself moderate. Evan Nappen  04:26 She misrepresented herself, and then is doing this. So, they’re all about lies. And in America, we’ve had attempts at going door to door. New York did it, New York City, because they have registration of long arms. So, they actually, at a point, attempted confiscations. And folks may not know this, but New Jersey was going to do that. After the assault firearm law passed in 1990, there was an attempt, by way of the Administrative Code, to change what had been New Jersey’s procedures regarding Certificate of Eligibility. So, in those days, you could do a private sale. Private sales were allowed. And this is why having so-called Universal Background Checks is really just a gateway to the registration / confiscation scheme. Because back then in New Jersey, you could have private sales for long arms by doing a Certificate of Eligibility, and the Certificate of Eligibility was simply kept by the seller. As a matter of fact, with the old Certificate of Eligibility, the buyer didn’t even get a copy. The new Certificate of Eligibility that came after that, the buyer and the seller got a copy. But with the old one, only the seller got the copy when a long arm was sold. And it got filed nowhere. There was no requirement that it be filed with the Government. Evan Nappen  06:02 They tried to promulgate, through the code, a rule that said Certificates of Eligibility had to be filed with the State Police. That was not in the law. The reason they wanted that was because they needed to connect the chain so they could go door to door, confiscating so-called “assault firearms”, which were long arms, rifles and shotguns, and to force on private sales the revealing of the information as to who they got transferred to by claiming that there was a failure to file the certificate of eligibility. And I personally, when I was working at the time for the Coalition of New Jersey Sportsmen, and we were fighting the assault farm ban, I opposed in the rulemaking process. I sent a whole piece in fighting and opposing that rule change. That it was not based on the law, that they were going beyond the Administrative Procedures Act in trying to promulgate this, and I succeeded in stopping them from doing it, which broke that link in the chain for them to continue with their confiscation scheme that they wanted to do back then. So, I saw it firsthand and was able to stop it. Teddy Nappen  07:24 Imagine if you weren’t, you weren’t there, Dad. If you were in some other state or some other spot, and that had gone through. My G-d. Just that would have been. The only thing I could think of, is just bullets first at that point, like. Evan Nappen  07:37 It would have been a radically different scenario, because they were on a path of wanting and considering it. And we knew this for a fact. They were actually going to try to implement the door to door confiscation and searching down every assault farm they could find. But that didn’t happen. And the other thing that didn’t happen, interestingly, is they were supposed to put forward guns they wanted to add to the list. That’s actually in the law. They have never done that, although they still could, but they never did that. Teddy Nappen  08:16 Mass does that. Evan Nappen  08:17 Yeah. Mass does it there. Jersey has it in the law to do it. But they never did it in New Jersey, weirdly and oddly, but they could. Teddy Nappen  08:25 Who was it? The firearms bureau that was the Mass attorney? He was the one that worked for the Bureau. And then. Evan Nappen  08:33 Yeah, Jason. Teddy Nappen  08:35 Jason. And then he saw the dark side of what they were doing, and then came back and started fighting the good fight. But my G-d. Just imagine those meetings where, like, all right, what are we going to ban today? Like it’s the arbiters of truth. Like, just decide. Evan Nappen  08:50 Yeah. They purposely, in Mass, purposely had a meeting to try to figure out how to make it as difficult as possible to get licenses, particularly for non-residents. They focused on what to do. And I’ll tell you, even to this day, that was the worst carry license application process I’ve experienced. And I’ve gotten carry licenses from everywhere you could get them. And it took, it took 14 months to get a Mass carry license, and it’s only good for 12 months. It took longer to get it than the license lasts for. It’s insane. We applied in January. They  force you to have a personal meeting, and they didn’t schedule the personal meeting for nine months after the application. Then it was another five months after that before they even issued it. And that personal meeting is utterly useless. All they do is ask you the very same questions that you’ve already certified on an application, and they fingerprint you there electronically, which could be done anywhere else. Evan Nappen  10:02 So, it’s all just a load of absolute garbage. Just to discourage. And this is what licensing laws are designed to do. They’re

    42 min

  7. Apr 19

    Episode 286- Shoot New York’s Eye Out

    Episode 286- Shoot New York’s Eye Out Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 10 Gun Lawyer — Episode 286 Transcript SUMMARY KEYWORDS Air guns, BB guns, federal law, state law, preemption, New York ban, imitation firearms, gun rights, mental health, firearm safety, historical context, Vatican security, Pope’s stance, gun control, legal advice. SPEAKERS Teddy Nappen, Evan Nappen, Speaker 3 Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 and I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. So, you know, my whole life I’ve really loved air guns. I had BB guns and air rifles as a kid. I had my, of course, the classic Red Ryder, and I had a Crosman 760 XL. Now, that was the Crossman 177 pellet and BB rifle, and the XL had the beautiful golden receiver on it. I don’t know if any of you had an XL version of the 760, but that was a really fun, great air gun. And I had a Benjamin. Man, that was a powerhouse, and it was .22 caliber pellet. You can pump that baby up, and that was my number one squirrel killer. And all as a kid. I shot squirrels in my yard, where my father had a giant garden. He needed to keep the squirrel population down, and I shot those squirrels. Then I cut off their tails, and then I sold the tails to Mepps Lure company, which would buy squirrel tails. I think they still might do that. And that got me some money as a kid. And it was used, of course, to buy more pellets and fun things. And I progressed, as maybe some of you did, to a love of adult air guns. Evan Nappen 01:59 And then, of course, Robert Beeman and air rifle headquarters. They were bringing in those premier, phenomenal air rifles that today are the standard of an entire sector of what I’ll call the gun world. Some of you may have had great RWS guns. My favorite were the Feinwerkbaus. I’ll never forget, my dad got a Feinwerkbau 124 from Beeman that he ordered. He had it custom ordered, and they worked out, worked up the innards on it. So, that thing was sweet. And ever since then, I’ve acquired many adult air guns. I have, you know, the finest Feinwerkbau ever made, the 300 series, the Olympic Feinwerkbau. It just shoots through the same hole. Evan Nappen 03:01 There are so many phenomenal air guns. And today, of course, the revolution in air guns is the pre-charge air gun. They have air guns that have tremendous ability for hunting, and air guns are just a blast. They’re fun. They’re a great way of learning firearm safety and shooting skills. A great way of Page – 2 – of 10 introducing young folks into firearms and the fun and joy of shooting. So, air guns are great. I have a deep love of air guns. Always have. I’m a collector of air guns. I love the history of air guns. And you may know that an air gun was taken on the Lewis and Clark expedition, which made a lot of sense, because the ability to get gunpowder in the wilderness is not an easy task. And with an air gun, there’s always air around. They would pump up that air gun and could use it to take big game. It was that air rifle. It is actually still known and around, that was used on the St. Louis, you know. When they left St. Louis, they had it with them on that great exploratory mission under President Jefferson. And air guns, even at one point, they were used militarily by the Austrians. Napoleon had the death penalty for anybody caught with an air rifle, and those were able to fire repeatedly with enough power to be used militarily. There’s an amazing history and air guns. But the modern sporting air gun today, all the way down to the BB gun, has a tremendous role. Evan Nappen 05:02 Yet, despite the tradition and the history of air guns in America, New York is now proposing a law to ban BB guns and air guns. The law that New York Democrats, of course, are proposing is to ban air guns by making air guns all being placed in a category of “imitation weapons”. (https://bearingarms.com/camedwards/2026/04/13/new-york-lawmakers-take-aim-at-bb-guns-n1232199) And by doing that, it would require that every air gun has a plug and specific coloration, and by putting them in that category, they will no longer shoot. Okay? So, you know, what’s the point there? The idea here being, if you make them an imitation firearm, and then they want to raise the age from 16 to 18. They’re selling this nonsense under a typical gun oppressionists lie of claiming police-involved shootings involving individuals who possessed an air gun, which was designed to look like a firearm. You know, the same way they sold the nonsense of cop-killer bullets, of which no cop has ever been killed by one. But why should that stop them from banning so-called cop-killer bullets. Anytime they get any angle that they can sell to the public and fool the public, who doesn’t have an understanding of guns as such, they do it. Evan Nappen 07:11 And here, New York now may become subject to what would essentially be a ban on air guns and BB guns. But let me say right now on the Gun Lawyer podcast that if New York succeeds in passing this law, there is a magic bullet, shall we say, that can kill this law. New Yorkers can shoot the eye out of New York’s air gun ban. The way to do it, I’m going to give you right now how to kill an air gun ban. It is under the United States Code, Title 15 (Commerce and Trade, Chapter 76), Section 5001. (https://law.justia.com/codes/us/title-15/chapter-76/) Evan Nappen 08:12 And this, my friends, is a federal law. It is a federal law that deals with imitation firearms. The reason this federal law is such an incredibly powerful weapon is that this federal law is an area of firearm pre-emption law. What it means is that federal law preempts state law. Federal law supersedes and is superior to, overrides. Overrides it, my friends. Overrides it. And because of that, we are able to take out state laws that attempt to interfere with air guns, and, for that matter, imitation firearms. The very thing that New York is attempting to use as the vehicle to create an air gun ban. Page – 3 – of 10 Evan Nappen 09:27 Let me tell you about Section 5001. Section 5001 first defines and lays out what is required to be on imitation firearms. It lays out what we have seen in the last few decades of having the distinctive markings, the blaze orange plug on look-alike or toy air guns and other imitation firearms and such. The look-alike firearm, which is what the law refers to, is defined as any imitation of an original firearm which was manufactured, designed or produced since 1898 including and Evan Nappen 10:21 limited to toy guns, water guns, replica non guns, airsoft guns firing nonmetallic projectiles, you know, such as airsoft and such. The term does not include any look alike, non firing collector replica of an antique firearm developed prior to 1898 or traditional BB, paintball, or pellet firing air guns that expel a projectile through the use of force or air pressure. And lo and behold, this section has a statement that says, preemption of state or local laws or ordinances. Preemption. The provisions of this section shall supersede any provision of state or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section. Okay. Then it goes on and it says, ready? No State shall and then number one, prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm. So, replica collector firearms are protected. And two, very important here for New York and any other state that wants to try to ban air guns, prohibit the sale parentheses, other than prohibiting the sale to minors end parentheses, of traditional BB, paint ball or pellet-firing air guns that expel a projectile through the force of air pressure. So, should New York be as repressive and stupid as to attempt to ban air guns, federal law preempts and nullifies, supersedes, that state law. Evan Nappen 12:54 Let me tell you another little factor, very interesting. I used this law successfully to attack New Jersey’s assault firearm law. In the case of Coalition of New Jersey Sportsmen versus Florio, which you can find at 744 F. Sup. 602, back in 1990, I challenged the then Attorney General, Robert Del Tufo. I brought an action, a civil action, challenging New Jersey’s assault firearm ban on a number, and magazine ban, by the way, on a number of things. One of the specific challenges was utilizing 15 U.S.C. 5001, which is the air gun preemption. New Jersey’s assault firearm ban, as written, included air guns, because air guns are firearms in New Jersey, and the ban on assault firearms and magazines by definition included air guns. And this case with Judge Garrett Brown, federal judge, had an injunction, which, by the way, this is why today you can still buy air guns, BB guns, pellet guns in New Jersey that may seem at first to fall under the definition of New Jersey’s assault firearm law because of this case and its outcome. The court found that the prohibition as it affects air guns was unconstitutional in that it was preempted under this federal law. Evan Nappen 15:06 So, there’s even case law enforcing this federal preemption as it comes to air guns, even in an assault firearm ban, no less a ban that specifically attempts to ban air guns and BB guns. So, I am giving this to New York as information, folks, and anywhere else that there is an air gun ban that we have a weapon. Believe it or not, air guns, BB guns, etc, are more protected than firearms in America. More protected because federal law preempts state laws from banning them. If we had federal preemption for firearms, then the only firearm law would be the federal law, and no state law banning guns would stand. But we don’t have federal preemption. Our federal gun laws, except with

    42 min

  8. Apr 12

    Episode 285- Nappen Law Firm Does Hat Trick

    Episode 285-Nappen Law Firm Does Hat Trick Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 10 Gun Lawyer — Episode 285 Transcript SUMMARY KEYWORDS Appellate Division, firearm licensing, Bergen County, mental health, due process, public health, safety, welfare, falsification, character and temperament, court reversal, pro se, legal representation, gun rights, grassroots advocacy. SPEAKERS Speaker 3, Evan Nappen, Teddy Nappen Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. Well, I’m very proud to report that my firm, particularly my brother Louis, who does our appellate work, has won yet another Appellate Division appeal out of Bergen County. Now, this is the Appellate Court reviewing the trial court in Bergen County, handling firearm licensing. And this is another win that really makes some excellent legal points here that are very significant and also points out what is been going on in that county. I want to get into this case and explain the significance and how it works here in New Jersey. Evan Nappen 01:23 So, this case just came, just got posted online by the Appellate Division and is entitled “In The Matter Of The Appeal Of The Denial Of J.L.B.’s Application For A Firearms Purchaser Identification Card And Permit To Purchase A Handgun”. (https://www.njcourts.gov/system/files/court-opinions/2026/a0464-24.pdf) So, J.L.B. appealed from an Order denying his appeal from the New Milford Police Department who denied his application for an FPIC and a PPH, a Firearm Purchaser ID Card and Permit to Purchase a Handgun. Now, on this application, J.L.B. answered “no” to the question, Have you ever been attended, treated or observed by any doctor, psychiatrist in the hospital or mental institution on an inpatient or outpatient basis for any mental or physical or psychiatric condition? In denying the application, the New Milford PD cited solely a suicidal comment made by J.L.B.’s daughter several years prior, and their inability to obtain records from the Division of Child Protection Services, the DCPP. Milford PD concluded the issuance of the permits to our client would not be in the interest of “public health, safety, or welfare”, the all inclusive miscellaneous weasel clause. Evan Nappen 03:07 J.B.L., our client, filed an appeal to the law division, which is the Superior Court in Bergen. And he did this pro se. He did that by himself. The Court denied his appeal, and the court found him disqualified, Page – 2 – of 10 pursuant to (N.J.S.) 2C:58-3(c), for knowingly falsifying information on the application pursuant to 2C:58-3(c)(5). and for lacking character and temperament necessary to be entrusted with a firearm. The Appellate Court, upon careful review, reversed and remanded for a hearing before a different trial judge because they found there is no evidence in the record demonstrating that J.L.B. knowingly falsified information on his application. Further, that J.L.B. was not given notice of the 3(c)(5) disqualifier until after he had already presented his closing argument, in violation of his rights to due process. Evan Nappen 04:18 Additionally, the trial court failed to address whether the alleged falsification was made knowingly, as required by the statute. Very important, folks. Furthermore, with respect to N.J.S.A. 2C:58-3(c)(5), the Court’s reasoning provided no meaningful explanation as to why the issuance of an FPIC to J.L.B. would be contrary to public health, safety, or welfare. So, one GOFU right out of the box is don’t go Pro Se to Bergen County on an appealable license. Anytime you’re dealing with the courts, you want to have an attorney. Okay? That’s number one. Now, even though he got denied, fortunately, he hired us to do the appeal. And in doing this appeal, the Appellate Court has reversed his denial, sent it back to the court, and required that it be heard by a different judge. Evan Nappen 05:21 Let’s take a look at some of the facts here in this case. It’s very interesting, particularly how the court decided it, because it can have impact on other cases. So, the Court gathered the following facts from the trial court’s hearing. J.L.B. is a certified public accountant with no criminal history. He has primary custody of his seven children, who range from six to 16. In April of 2020, his daughter, who was nine years old, sent a text message to her teacher, saying, “I want to die” and “I spent four days with dad, and four days with my mom, and I keep switching until everything is settled. But I can’t sleep without knowing if mommy is okay and safe.” The message led to the daughter receiving several months of therapy. The DCPP was involved in the family’s life on three different occasions, each time, deeming the allegations “Not Established”. Evan Nappen 06:19 J.L.B.’s ex-wife testified on behalf of the State, describing alleged incidents of verbal and physical abuse by J.L.B. against her and her two children, as well as her struggles with alcoholism, for which she completed inpatient rehabilitation. The wife never testified or obtained a, never filed or obtained a Temporary Restraining Order against J.L.B. The court found her testimony not completely credible and characterized it as totally based on hearsay. J.L.B.’s sister testified as a character witness, describing his demeanor and relationship with his family, expressing no concerns about him owning a firearm. Dr. Richard Cyriacks, a family friend, similarly, testified that he had no concerns about J.L.B. responsibly handling a firearm. J.L.B. testified he had purchased a biometric firearm safe in which he intended to store the firearm if his permits were granted. J.L.B. testified he had seen a psychologist, a Doctor Lenzi, from 2018 to 2022 for marital issues, but he denied ever being diagnosed with a mental health condition or receiving psychiatric treatment or medication. Briefly, at around age 19, he had also seen a therapist following the death of his father. Page – 3 – of 10 Evan Nappen 07:42 Following this testimony, the State moved to compel the release of his mental health records from Dr. Lenzi, which the Court granted. So, keep in mind, folks, if you think you have medical privacy in New Jersey, you don’t! Okay? The Court ordered the records to come in. The Court admitted J.L.B.’s counseling records and a letter from Lenzi into evidence, from the doctor. In her letter, the doctor noted that she first saw him in 2017 for “marital difficulties”. “He presented as concerned about his marriage and stressed but positive and high functioning.” He reconnected for individual therapy in 2020 because of his wife taking the children to Connecticut, causing him distress. He was seen on an as-needed basis. The doctor reported his symptoms were within normal limits of chronic stressors and the family crisis he worked through during the treatment with him. She further reported that she observed no unstable mental health issues, and his treatment focused on implementing stress management strategies, communication, awareness, improvement and relationship building with the children, decreasing internal anxiety and meeting his challenges in an aware and grounded manner as to the records themselves. Lenzi wrote that he had symptoms of anxiety and depression related to marital difficulties, and in 2020 a progress noted that he presented with anxiety and depression and expressed that he was devastated by what he was going through. In 2024, the Court denied J.L.B.’s appeal, finding he was disqualified, pursuant to 2C:58-3(c)(3) for knowingly falsifying information regarding previous mental health treatment, and pursuant to 2C:58-3(c)(5) for lacking the character and temperament necessary to be entrusted with a firearm. This appeal is what followed. Evan Nappen 09:47 The court, the Appellate Court, says N.J.S.A. 2C:58-3 governs the issuance of FPICs and PPHs which it does. A person may not receive an FPIC or PPH, if they are, “known in the community in which the person lives as someone who has engaged in acts or made statements suggesting the person is likely to engage in conduct, other than justified self-defense, that would pose a danger to self or others.” Or if you’re subject to any of the other disqualifications under 58-3. Pursuant to that law, no FPIC or PPH shall be issued to any person who, and this is underlined in the opinion, knowingly falsifies any information on the application form for a handgun purchase permit or firearm purchaser ID card. Invoking FPIC/PPH disqualification when any falsification is tendered is consistent with the application’s underlying function, which is to provide information to facilitate the police chief’s background investigation. Further an FPIC application that includes, again underlined, a knowing falsehood is disqualified at the moment it is filed and cannot be rehabilitated by an admission made later. Evan Nappen 11:12 The Court then noted initially that J.B.L. did not receive notice of the 2C:58-3 issue, the falsification issue. I mean, the other issue until the State raised it at closing, which was delivered to J.B.L. after he’d already presented his closing statement. And the Court here says, “To comport with due process, a judicial hearing requires notice defining the issues and an adequate opportunity to prepare and respond.” N.J.S.A. 2C:58-3(c)(3) was not cited as a basis for disqualification in the New Milford PD’s letter denial letter. It was not cited sorry. As a basis for disqualification, nor was it discussed as a potential ground for denying his appeal until both parties had presented their evidence at the hearing. J.L.B. was therefore denied the opportunity to defend himself on this grou

    36 min
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About

Storytelling, insight, and compelling perspective on Gun Law, Gun Rights, Gun Culture, and Gun Politics in America. Join America’s Gun Lawyer, Renown 2nd Amendment Attorney and Best Selling Author, Evan Nappen, as he pulls back the curtain and takes you behind the scenes for a rare, private inside look at the American Justice and Political System and the trials, tribulations, perils and pitfalls of the changing Gun and Knife Rights in America today. Evan’s passion, quick wit, candid opinions, and engaging personality have made this one of the most popular Gun and Knife Rights Legal podcasts in America.

Information

  • Creator
    Evan Nappen, Esq
  • Years Active
    2020 - 2026
  • Episodes
    291
  • Rating
    Explicit
  • Copyright
    © Copyright MMXX CounterThink Media and SunZu Media All Rights Reserved
  • Show Website
    Gun Lawyer

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